Terms of Service

ARRIVAL APP

TERMS OF SERVICE

Effective Date: April 30, 2025 

INTRODUCTION

Please read these terms of service (the “Terms”) carefully before using our website and any online services, software, or apps provided by Arrival App, Inc. (“we”, “us”, “our”, or “Arrival App”) that post a link to these Terms (the “Service”). These Terms include this introduction, the General Terms (provided below), and any additional guidelines and policies referenced herein or made available by hyperlink (“Additional Terms”) and any future modifications to the Terms. By visiting or otherwise using the Service in any manner, you agree to the then posted Terms (including any applicable Additional Terms), to be bound by them, and that you have read and understood them. It is your responsibility to check the Service periodically for changes to these Terms and the Privacy Policy. You also acknowledge, agree, and consent to our data practices as described in our Privacy Policy. 

These Terms affect your legal rights, responsibilities, and obligations and govern your use of the Service, are legally binding, limit our liability to you and require you to indemnify us and to settle certain disputes through arbitration. If you do not wish to be bound by these Terms (including any Additional Terms), do not use the Service and uninstall Service downloads and applications.

ARBITRATION NOTICE: THESE TERMS CONTAIN AN “ARBITRATION” PROVISION (SEE SECTION 14 BELOW), WHICH WILL (EXCEPT FOR CERTAINS TYPES OF DISPUTES MENTIONED IN THAT SECTION), REQUIRE YOU TO SUBMIT DISPUTES YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. YOU AGREE THAT YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) AND PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

To the extent there is a conflict between these Terms and any Additional Terms, these Terms will control unless the Additional Terms expressly state otherwise.

GENERAL TERMS

1. WHO IS ALLOWED TO USE THE SERVICE?

You must be at least eighteen (18) years of age to create an account and use the Service. By using the Service, you represent and warrant the following to us:

• You are at least eighteen (18) years of age or older.
• You possess the legal right and ability to enter into these Terms and be bound by them. 
• The performance of your obligations and use of the Services (by you, your customers and users) will not (a) violate any applicable state, federal, national local or foreign laws, rules, regulations or ordnances, or (b) cause a breach of any agreements with any third parties, or (c) unreasonably interfere with other Arrival App customers’ use of ’the Services. 
• The information you provide to us is your own or you are legally authorized to provide us with such information for the use contemplated in these Terms and the Privacy Policy. 
• You are not a person who is barred from using or receiving the Service under the laws of the United States or any other applicable jurisdiction (including, by way of example, you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or any other similar prohibition or list).
• If you are using the Services on behalf of a business, organization or some other entity, you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business, organization or entity.

2. USE OF THE SERVICE AND PROHIBITED CONDUCT
   1. Access and Use of the Service. We grant to you a personal, nonexclusive, nontransferable, non-assignable, limited right to access and use the Service and the materials provided herein, provided that, you comply fully with these Terms. This right to access and use the Service is solely for your use and enjoyment of the benefits of the Service as detailed in these Terms and our Privacy Policy. 
   2. Right to Refuse or Deny Access. WE RESERVE THE RIGHT TO REFUSE OR DENY ACCESS (INCLUDING TERMINATING ANY ASSOCIATED ACCOUNTS) TO THE SERVICE (INCLUDING WITHOUT LIMITATION TO ANY WEBSITE OR APP) OR TO ANYONE FOR ANY REASON INCLUDING BUT NOT LIMITED TO ANYONE WHO FAILS TO COMPLY WITH ANY OF THESE TERMS OR ANYONE WHO HAS COMMITTED A FELONY OR A CRIME OF MORAL TURPITUDE. 
   3. Key Features of the Service. This Service is intended to make in-office Arrival App notifications between professionals and their prospective or current patients, clients, or customers, or visitors, easier by providing an easy to use discreet and anonymous time-stamped notifications for shared reception areas and waiting rooms. We do not recommend or endorse any specific professionals, tests, products, procedures, opinions, or other information that may be mentioned on the Service. Reliance on any information provided by us, our employees, or others through the Service is solely at your own risk.
   4. Automatic Updates and Downloads. Any software that we provide you may automatically download and install upgrades, updates, or other new features/tools. You may be able to adjust any automatic downloads through your device’s settings. Any new features or tools or updates/upgrades shall also be subject to these Terms. Arrival App may, in its sole discretion and without prior notice, modify or discontinue the Service or any component thereof at any time without notice.
   5. No Liability for Modifications, Price Changes, Suspensions, or Discontinuance. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service of any component thereof.
   6. Our Ownership Rights in and to the Service. You acknowledge and agree that we retain all worldwide rights and ownership in and to the Service including without limitation the intellectual property in and on the Service, the “look and feel” of the Service, its color combinations, layout, and all other graphical elements, and the copyrights in and to its original content. The Service is copyrighted, trademarked, or otherwise protected, and owned or licensed by us. Nothing in these Terms grants you an express or implied right to use any of our intellectual property except as set forth in these Terms.
   7. Restricted Activities. You may not do any of the following: (i) copy, modify, alter, excerpt, distribute, sell, lease, transfer, or assign (or encourage others to do any of the foregoing) any part of the Service or your right to access and use the Service or any part thereof, or (ii) reverse engineer or attempt to extract the source code of the software comprising any part of the Service, or (iii) remove any copyright or other proprietary notations contained in the Service, or (iv) “mirror” the Service or any portion thereof on any other server, or (v) use (or encourage or help others to use) the Service for any purpose or in any manner that is prohibited by these terms or by applicable law, unless laws prohibit these restrictions or you have our prior express written permission to do so. 
   8. Prohibited Uses. In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Service, its features, or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, foreign, federal, provincial, state, or local rules, regulations, laws, or ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on sex, sexual orientation, sexual identity, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website or app, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, flood, mailbomb, crash, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related website or app, other websites, or the Internet; (l) to access data not intended for such user or logging into a server or account which the user is not authorized to access; (m) to attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (n) to send unsolicited e-mail, including promotions and/or advertising of products or services; or (o) to forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
3. NO CLIENT-PATIENT RELATIONSHIP
   1. Purpose of the Service. Arrival App provides this Service for general informational and services purposes only. You acknowledge and agree that Arrival App is not providing therapy or any other medical or clinical or professional services of any kind whatsoever. As such, the information on this Service does not constitute therapy, medical, clinical, or other professional advice or guidance and no professional, medical, clinical, or other relationship is created between you and Arrival App when you access, view, or otherwise use the Service. 
   2. No Client-Patient Relationship. Furthermore, you agree that creating an account and using the Service does not and never will create a client-patient relationship or any other privileged or confidential client relationship between you and the Arrival App.  Be advised that sending email or other correspondence to Arrival App or any of its officers, agents, employees, consultants, or contractors will not create such a relationship. 
   3. Do Not Send Confidential or Regulated Information. Any email or other correspondence you send to Arrival App will be handled in a manner consistent with these Terms and may not be privileged or confidential and may be disclosed to other persons. PLEASE DO NOT SEND ANY CONFIDENTIAL INFORMATION OR ANY INFORMATION THAT YOU WOULD EXPECT TO BE MAINTAINED IN CONFIDENCE. Do not consider the Service to be a substitute for obtaining professional, clinical, or medical advice from a qualified licensed professional in your state. If you communicate with Arrival App by email, or any other electronic manner, you should note that the security of the Internet is uncertain. By sending electronic messages, you accept the risks of such uncertainty and possible lack of confidentiality.
4. YOUR PRIVACY AND HIPPA NON-COMPLIANCE
   1. Privacy. Our Service allows you to provide information about yourself and about your business or organization. As noted in the Introduction, your submission of personal information and our use thereof is governed by our Privacy Policy. To learn more about how we handle your information when you use our Service please read the Privacy Policy. We encourage you to give the Privacy Policy a careful look because, by using our Service, you agree that we can collect, use, and share your information consistent with that policy.
   2. HIPPA Non-Compliance. YOU ACKNOWLEDGE THAT ARRIVAL APP IS NOT A BUSINESS ASSOCIATE OR SUBCONTRACTOR (AS THOSE TERMS ARE DEFINED IN HIPAA) AND THAT THE SERVICE IS NOT HIPAA COMPLIANT NOR IS IT DESIGNED TO PROCESS, STORE, OR OTHERWISE PROTECT REGULATED DATA. YOU REPRESENT AND WARRANT THAT YOU AND YOUR CLIENTS/CUSTOMERS WILL NOT SUBMIT OR OTHERWISE PROVIDE TO ARRIVAL APP ANY REGULATED DATA OF ANY KIND OR AMOUNT INCLUDING WITHOUT LIMITATION THROUGH THE SERVICE OR VIA EMAIL OR ANY OTHER MEANS. “HIPAA” means the Health Insurance Portability and Accountability Act and related amendments and regulations as updated or replaced. “Regulated Data” includes HIPAA-regulated data and data covered under the Gramm-Leach-Bliley Act (or related rules or regulations) as updated or replaced.
5. FREE TRIALS, YOUR SUBSCRIPTION, AND YOUR ACCOUNT
   1. Free Trials and Beta Releases. A free trial may be offered to you with the option of purchasing a premium (non-free) subscription account on a trial basis free of charge or with “alpha”, “beta”, or other early-stage Service, integrations, or features (“Beta Releases”), which are optional for you to use, until the earlier of (a) the end of the free trial period for which you registered to use the applicable Service, or (b) the start date of any payable Service ordered by you or (c) termination by Arrival App in its sole discretion (“Free Trial”). Unless the Free Trial terms and conditions offered to you at the time you sign up state otherwise, as detailed in Section 6.2 below, when your Free Trial period is over, your method of payment that you provided to us will automatically be charged if you do not cancel the subscription within the specified Free Trial period and you will be billed and charged monthly thereafter. PLEASE NOTE, FREE TRIALS ARE LIMITED TO ONE PER PERSON AND THE OFFICE OR BUSINESS TO BE COVERED BY THE FREE TRIAL. Subject to these Terms, during your Free Trial or Beta Releases, you may access and use the applicable Service for evaluation purposes only. A subscription account has additional features and tools that are not available on the free account. . This Section will apply to any Free Trials or Beta Releases (even if Beta Releases are provided for a fee or counts towards your use) and supersedes any contrary provision in these Terms. Arrival App may use good faith efforts in its discretion to assist with your Free Trial or Beta Releases. Nevertheless, and without limiting the other disclaimers and limitations in these Terms, YOU AGREE THAT ANY FREE TRIAL OR BETA RELEASES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY, SUPPORT, MAINTENANCE, STORAGE, SERVICE LEVELS, OR INDEMNITY OBLIGATIONS OF ANY KIND. WITH RESPECT TO BETA RELEASES, YOU FURTHER ACKNOWLEDGE AND AGREE THAT BETA RELEASES MAY NOT BE COMPLETE OR FULLY FUNCTIONAL AND MAY CONTAIN BUGS, ERRORS, OMISSIONS, AND OTHER PROBLEMS FOR WHICH ARRIVAL APP WILL NOT BE RESPONSIBLE. ACCORDINGLY, ANY USE OF BETA RELEASES ARE AT YOUR SOLE RISK. Arrival App makes no promises that future versions of Beta Releases will be released or will be available under the same commercial or other terms. Arrival App may terminate your right to use any Free Trial or Beta Releases at any time for any reason or no reason in Arrival App’s sole discretion, without liability.
   2. Fee Based Service. Certain aspects of our Service may be offered or otherwise provided to you for a fee. If you elect to use paid features of the Service, you agree to the pricing and payment terms for the applicable Service, as we may update them from time to time. Recurring charges are billed in advance of service. Arrival App may add new services and products for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. We may also provide certain services via our third-party partners and you agree that your use of such third-party services is subject to the contractual (including payment) terms presented by such third parties should you wish to use their services. You further agree that Arrival App has no responsibility for such third-party services and your use of such services is entirely at your own risk. Any change to the fees for paid services shall become effective in the billing cycle following notice of such change to you.
   3. Our Right to Limit or Refuse Orders. We reserve the right to refuse any order you place with us and to, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed fraudulently or otherwise violate these Terms.
   4. Accounts and Passwords. When you use the Service, you will be asked to create an account and passwords. You may not share an account nor your account credentials with anyone else. Considering this, it’s important that you keep your account secure. One way to do that is to select a strong password that you don’t use for any other account. Furthermore, by using the Service, you agree that, in addition to exercising common sense:
      1. You will not create more than one account for yourself.
      2. You will not create another account if we have already disabled your account, unless you have our written permission to do so.
      3. You will not buy, sell, rent, or lease access to your account, your user username, or any link or feature without our written permission.
      4. You will not share your password.
      5. You will not log in or attempt to access the Service through unauthorized third-party applications or clients.
   5. Keep Your Password and Account Information Safe. You are solely responsible for maintaining the confidentiality of your account and passwords and for restricting access to your computer and/or account, and you agree to accept responsibility for all activities that occur under your account or passwords. You agree that the information you provide to us during the account creation process and at all other times thereafter will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft, or unauthorized disclosure or use of your account ID, password, or any credit, debit, or charge card number, if applicable), then you agree to immediately notify us. You may be liable for the losses incurred by us or others due to any unauthorized use of your account.
6. PAYMENTS, PAYMENT POLICIES, FEE CHANGES, DECLINED OR LATE PAYMENTS, AND NO REFUNDS
   1. Payments. You are responsible for and will pay in full all fees due and payable hereunder. Except as otherwise stated herein, (i) fees are based on the Service and/or quantities purchased and not usage; (ii) payment obligations are non-cancellable and fees paid are non-refundable; (iii) quantities or subscription purchased cannot be decreased during the relevant Subscription Term; (iv) changes to decrease quantities or subscription purchased will apply at the next billing cycle as further detailed below; and (v) requests to purchase additional quantities or to otherwise upgrade an existing purchase will apply once applicable payment is made in full. All payments must be made in advance either monthly for each following month or yearly if paying annually (the “Subscription Term”). If payment is not made at the expiration of the Subscription Term, access to the account is suspended completely , unless and until the payment is received for a new Subscription Term.  
   2. Additional Payment Policies. You are responsible for complying with the following payment policies:

• You will provide to us valid and updated credit or debit card information (or other acceptable payment method that you have chosen from those offered) (“Payment Method”). For each Payment Method you provide to us, you authorize us to charge such Payment Method for all purchased Service(s) selected by you through the Service for the initial Subscription Term (as further defined below) and any renewal Subscription Term(s). See Subscription Term and Renewals below. You represent that you are authorized to use the selected Payment Method on your company’s behalf and you agree to accept an electronic record of a receipt. You are responsible for keeping Payment Method information valid and up to date, including without limitation expiration date and other credit or debit card info when necessary. To protect the security of accounts, we will not enter credit or debit card information on your behalf in the Service, nor will we handle credit card information via email, phone, or in written form. 
• By providing any Payment Method, you agree that applicable credit card, debit card, and billing information may be shared with third parties such as payment processors and credit agencies, and/or collection agencies for the purposes of checking your credit, effecting payment, collecting payments, and late fees if applicable, and for providing the applicable Service to you or in order to enforce our agreement with you. We may also share this information with law enforcement authorities and in response to subpoenas, court orders, and search warrants.
• If you initially sign up for a Free Trial, and you do not cancel the subscription within the specified Free Trial period, you will be billed monthly at the date and time that your Free Trial period ends. Note that the “days” of the free trial correspond to 24-hour periods beginning at the date and time that you sign up. 
• Payment is due monthly, in advance, for use of the Service the following month (unless a yearly contract option is selected). 
• Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). You are responsible for paying all Taxes associated with your purchases made hereunder. If we have the legal obligation to pay or collect Taxes for which you are responsible under this section, we will notify you and you hereby authorize us to charge your credit card for that amount of Taxes that you are responsible to pay under this section unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, we are solely responsible for taxes assessable against us based on our income, property and employees.
• For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle;
• Downgrading your Service may cause the loss of Content, features, or capacity of your Account. You agree that Arrival App does not accept and is not liable for any such loss to you.  

3. Prices Subject to Change. Prices for our Service are subject to change without notice. Unless you give notice to us that you do not wish to renew the Service(s) to which you have subscribed, then you are deemed to have accepted the increased fee for subsequent renewal terms.
4. Declined or Late Payments. If any charged amount is not received by us by the due date, or is otherwise rejected or declined, then without limiting our rights or remedies, (a) those charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, and/or (b) we may condition future subscription renewals on payment terms shorter than those specified in these Terms. 
5. No Refunds. You may cancel your subscription to paid services at any time and you accept that you will not receive a refund of pre-paid fees for such cancellation. In the event that Arrival App suspends, limits, conditions, or terminates your access to the Service and/or your account due to your breach of these Terms or any other agreement that you have with Arrival App, you understand and accept that you will not receive a refund for any unused time with respect to fees that you have pre-paid for a subscription plan, product or service, and to the extent that you have not paid the applicable fees, you will remain liable to pay Arrival App the entire fees due for the subscription, product, or service, as applicable.
6. Use of Third Party Payment Processor(s). As noted above, we may use the payment processing services of third parties to process your Payment Method for the Service(s) you have purchased. We currently use Stripe as our third-party payment processor. Stripe uses and processes your Payment Method information in accordance with Stripe’s privacy policy.

7. TERM OF THESE TERMS, TERM OF YOUR SUBSCRIPTION, RENEWALS, SUSPENSIONS, CANCELLATIONS, AND TERMINATIONS
   1. Term and Subscription Term. These Terms are effective unless and until cancelled or terminated by either you or us as otherwise detailed herein (including automatic termination of terms and/or the license granted herein). The term for each Service will commence on the date when your fully paid account is activated and will continue according to the Subscription Term selected (e.g., monthly or annually).  
   2. Cancelling a Subscription. You may cancel your use of the Service, delete your account, and terminate these Terms with or without cause at any time by providing notice to Arrival App; provided, however, that a deleted account may continue to exist for a reasonable period of time before such cancellation takes effect in order for Arrival App to process the removal request. You may delete your account only by notifying us in writing at support@arrivalapp.com. In addition to the right to delete your account for using the Service in a manner that violates these Terms, Arrival App may at any time and for any reason terminate the Service, terminate these Terms, or suspend or terminate your account in our sole discretion. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information and content may remain in our system.
   3. Automatic Subscription Term Extension. Upon expiration of the then current Subscription Term, the Subscription Term shall be extended automatically on a month-to-month (or year-to-year for those customers electing and paying for this option) basis to ensure a continuation of your Service.  
   4. Cancellation Requests. Cancellation requests may be made at any time by you or the primary administrator of your account and we reserve the right to seek verification from the account holder of any account closure requests for security reasons. We have no obligation or liability to cancel an account with unpaid charges and Arrival App will not cancel such accounts until said balances are paid in full.  
   5. Our Ability to Terminate, Suspend, or Cancel Your Subscription. In addition to the termination rights granted in Section 2 above, your right to access and use the Service will automatically terminate without notice to you if you violate any of the restrictions identified in these Terms including but not limited to Section 2. Additionally, if in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate your right to access and use the Service (or any part thereof) without notice to you and you will remain liable for all amounts due up to and including the date of termination. We also may terminate these Terms and your access and use of the Service at any time for any reason whatsoever in our sole discretion. Upon terminating your right to access and use the Service, you must delete any copies of the Service on your devices and destroy any downloaded materials in your possession whether in electronic or printed format.
   6. The obligations and liabilities of the parties incurred prior to the cancellation or termination of these terms shall survive the cancellation or termination of these terms for all purposes.
8. EQUIPMENT, TEXT MESSAGES, YOUR PHONE NUMBER, AND TRANSMISSION OF INFORMATION OVER THE INTERNET
   1. Equipment. You are solely responsible for ensuring any hardware, software, programs, electoral, and other physical requirements are in compatibility with the Service and for providing and maintaining at your own cost and expense all hardware, software, electrical, and other physical requirements to utilize and for use of the Service, including, without limitation, telecommunications and internet access connections and links, web browsers or other equipment (including equipment mounts, security mounts), programs and services required or otherwise necessary to access and use the Service. ARRIVAL APP IS NOT RESPONSIBLE OR LIABLE FOR THE RELIABILITY OR AVAILABILITY OR THE LOSS, THEFT, OR MISUSE OF ANY SUCH EQUIPMENT OR SERVICES.
   2. Text Messaging. You may subscribe to receive communications via text messaging (these come as a Short Message Service (aka, SMS messaging) or Multimedia Messaging Service (aka, MMS messaging)) by entering and submitting your phone number in the provided submission form available on our website and our mobile application. By entering your phone number and completing the submission form, you consent to these Terms and to receive text message communications from Arrival App as described herein. A text message will be delivered to the mobile number you provided confirming your enrollment once you have submitted your phone number. You are responsible for managing the types of texts (whether SMS or MMS) you receive.
   3. Your Phone and Your Responsibilities. By enrolling in the Service and registering to receive communications via text messaging you certify that you are authorized: (a) to enroll the designated phone number to receive text message alerts to such phone number and any and all devices associated therewith, and (b) to incur any message or data charges that may be incurred by participating in such Service. The information in any message may be subject to certain time lags and/or delays.
   4. Frequency and Number of Text Messages. The number and frequency of text messages sent to your device depends on several factors including the type of Subscription selected, the number of your customers, visitors, or clients that use the Service to send you alerts, and if you’ve asked for help or support via text messaging. You are responsible for any mobile charges that you may incur for using our Service, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Service.
   5. You are Responsible for Keeping Your Phone Number Updated. If you change or deactivate the phone number that you used to create your account or any phone number that you elect to use as part of the Service, you must update your account information through Settings within 72 hours to prevent us from sending messages intended for you to someone else.
   6. Information Transmitted over the Internet. You understand that certain data, content, and alerts provided by or through your use of the Service or other users of the Service may be transferred unencrypted and involve: (a) transmissions over various internet and telecommunication networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
   7. Limited Liability. Arrival App is not responsible for incomplete, lost, late, or misdirected messages, including (but not limited to) undelivered messages resulting from any form of filtering by your mobile carrier or service provider or otherwise.
   8. Automatic Telephone Dialing Technology. You acknowledge and agree that the text messages may be provided in some cases through automatic telephone dialing technology, an artificial voice or a pre-recorded voice. By providing Arrival App your phone number, you expressly consent to receive the text messages through automatic dialing technology and artificial and pre-recorded voice.
   9. Your Agreement to Receive Alerts. You agree to receive notifications from Arrival App, its representatives, employees, and agents, through any means authorized under these Terms, including phone calls and text messages that use automatic telephone dialing technology, artificial voice or pre-recorded voice, or live person.
   10. Supported Carriers and WiFi. Supported carriers may change from time to time and currently include all major United States carriers including, AT&T, Verizon Wireless, T-Mobile®, and Sprint. In areas of poor reception, you should consider using a carrier or similar service which allows for phone calls and text messages over wifi. Which carrier and/or wifi services you elect to use and its compatibility with the Service is solely your responsibility. You are also solely responsible for checking with your carrier to determine suitability of the service through your carrier(s) and wifi service provider(s).
   11. Our Right to Suspend, Modify, or Terminate Features or Functionality. Kindly note that Arrival App reserves the right, in its sole discretion, to cancel or suspend text messaging features and functionality of the Service, in whole or in part, for any reason, with or without notice to you.
9. PRODUCT OR SERVICE INFORMATION AND LIMITATIONS
   1. Right to Limit Products and/or Service. We reserve the right, but are not obligated, to limit the sales of our products or Service to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this Service is void where prohibited.
   2. Errors, Inaccuracies, Or Omissions. Occasionally there may be information on or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
   3. No Obligation to Update, Amend, or Clarify Information. We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
   4. No Quality Warranty. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
10. COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
    1. Comments, Feedback, and Other Submissions. If, at our request, you send certain specific submissions or without a request from us you send creative ideas, comments, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium for any purpose any comments that you forward to us. We are and shall be under no obligation: (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
    2. No Obligation to, Monitor, Edit, or Remove Content or Data. We may, but have no obligation to, monitor, edit, or remove content or data in the Service that we determine in our sole discretion is unlawful, offensive, threatening, abusive, libelous, defamatory, pornographic, obscene, sexually explicit, harassing, hateful, or is otherwise objectionable or violates any party’s intellectual property, trade secrets, privacy, or publicity rights of or embarrassing to others, or these terms.  We are not required to make any such investigation or to remove any user materials, and we will not be liable to any user for taking or not taking such actions. Any materials we find in our discretion to violate these Terms may be removed. If we are notified by a user that any content, materials, or data on the Service violate these rules, we may investigate and determine in good faith whether we agree with such allegation, in which case we may remove or request the removal of such content, materials, or data.
    3. Comments Must be Non-Infringing. You agree that your comments will not violate any right of any third-party, including but not limited to copyright, trademark, patent, privacy, personality, or other personal or proprietary right. You may not advertise or solicit through your use of the Service or your submission of comments to us any commercial business or anything requiring a monetary investment, other than the information limited to your private professional practice. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website or application. You may not use a false e-mail address, pretend to be someone other than yourself, post or submit false or inaccurate information or otherwise mislead us or third-parties as to the origin or truthfulness of any content, material, or data. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted or submitted by you or any third-party.
    4. Interpretation. We are the sole interpreter of the Service, our policies, and any other standards described in these Terms. You acknowledge and agree that if you violate these Terms, including any policies and standards, your access and use of the Service may be suspended or terminated at our discretion. We may at any time take any action with regard to user content, materials, or data that we deem in our sole discretion to be necessary or appropriate.
11. DISCLAIMER OF WARRANTIES
    1. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT OR THOSE ARISING FROM COURSE OF DEALING, PERFORMANCE, TRADE PRACTICE, OR USAGE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ARRIVAL APP, ITS EMPLOYEES, OR AGENTS, OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY, TERM, OR CONDITION NOT EXPRESSLY STATED HEREIN.
    2. ADDITIONALLY, WHILE ARRIVAL APP ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICE WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICE WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; (C) THAT ANY DATA, CONTENT (INCLUDING USER CONTENT), OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE TIMELY OR ACCURATE; OR (D) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. 
    3. ACCORDINGLY, ARRIVAL APP SHALL NOT BE LIABLE FOR ANY LOSS OF DATA RESULTING FROM DELAYS, CORRUPTION OF DATA, NONDELIVERIES, MISDELIVERIES, OR SERVICE INTERRUPTIONS.  YOU SHALL BE SOLELY RESPONSIBLE AND LIABLE FOR THE SELECTION, USE, AND SUITABILITY OF THE SERVICE, AND ARRIVAL APP SHALL HAVE NO LIABILITY THEREFOR. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ARRIVAL APP NOR ANY OF ITS THIRD PARTY SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO ARRIVAL APP’S OR YOUR TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, OR DESTRUCTION OF YOUR COMPUTER SYSTEMS, DATA, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS, OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF ARRIVAL APP’S OR ANY ARRIVAL APP’S THIRD PARTY SERVICE PROVIDER’S NEGLIGENCE.
12. LIMITATION OF LIABILITY
    1. IN NO CASE SHALL ARRIVAL APP, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOST CAPITAL, REPLACEMENT COSTS OR GOODS, LOSS OF TECHNOLOGY, RIGHTS OR SERVICES, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF SERVICE OR EQUIPMENT OR ANY SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE, OR ANY SERVICES OR PRODUCTS PROCURED USING THE SERVICE OR THAT WERE OTHERWISE RECOMMENDED TO YOU OR SOLD TO YOU FOR USE WITH THE SERVICE (INCLUDING AS TO SUCH PRODUCTS’ OR SERVICES’ COMPATABILITY WITH THE SERVICE), OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, ANY SERVICES OR PRODUCT PROCURED USING THE SERVICE OR THAT WERE OTHERWISE RECOMMENDED TO YOU OR SOLD TO YOU FOR USE WITH THE SERVICE (INCLUDING AS TO SUCH PRODUCTS’ OR SERVICES’ COMPATABILITY WITH THE SERVICE), INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
    2. NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY CONTAINED IN THESE TERMS, ARRIVAL APP’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CLAIM RELATED TO, OR IN CONNECTION WITH, THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR $100, WHICHEVER IS GREATER.
13. INDEMNIFICATION 

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Arrival App and its affiliates, and their respective directors, officers, board members, employees, agents, successors and assigns, licensors, contractors, consultants, suppliers, and service providers from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to all legal fees and expenses) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you or your clients/customers; (ii) your violation of any of these Terms and any other agreement that you have with Arrival App, including without limitation your breach of any of the representations and warranties herein; (iii) your violation of any third-party rights, including without limitation any right of privacy, proprietary, or intellectual property rights of any kind including without limitation copyright, trademark, trade secret, patent, or right of publicity; (iv) your violation of any applicable law, rule, regulation, or ordnances, including, without limitation, your violation of the US Fair Credit Reporting Act and any applicable data protection laws; (v) any claims or damages that arise as a result of your information or content; (vi) any other party’s access and use of the Service with your account or log-in information; and/or (vii) your intentional or willful misconduct, or negligence. 

14. MEDIATION, ARBITRATION, CLASS-ACTION WAIVER, AND JURY WAIVER
    1. PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND ARRIVAL APP TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
    2. Mediation. You acknowledge that Arrival App possesses valuable confidential and proprietary information, including trade-marks, trade secrets, and business practices, which would be damaging to Arrival App if revealed in open court. You further acknowledge and agree that it is preferable to resolve all disputes between Arrival App and you confidentially, individually, and in an expeditious and inexpensive manner. Arrival App and you accordingly acknowledge and agree that private dispute resolution is preferable to court actions. Notwithstanding any other provisions of these Terms, before commencing any arbitration in the manner set out in this section, Arrival App and you shall first attempt to resolve any dispute or differences between Arrival App and you by way of good faith negotiation. The good faith negotiation shall commence by both Arrival App and you communicating each other’s respective position regarding the complaint, claim, dispute, or controversy to the other party, and how Arrival App and you propose to resolve the dispute in compliance with these terms. Arrival App and you shall then make good faith efforts to negotiate a resolution of the claim, dispute, or controversy in compliance with these terms. Neither Arrival App nor you shall commence any arbitration proceedings as described herein unless and until the good faith negotiation fails.
    3. Agreement to Arbitration. This Section 14 is referred to as the “Arbitration Agreement”. Unless you opt-out pursuant to the opt-out procedures set forth below, you and Arrival App agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms or the use of the Service that cannot be resolved through mediation or in small claims court will be resolved by binding arbitration on an individual basis in accordance with this Arbitration Agreement, except that you and Arrival App are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. For clarity, the phrase “all claims and disputes” also includes claims and disputes that arose between us before the effective date of these Terms.
    4. Rules of Arbitration. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration pursuant to this Arbitration Agreement will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules, available here as of the date of these Terms, or by calling the AAA at 1-800-778-7879. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
    5. Non-Appearance Arbitration Rules. In addition to the rules of arbitration set forth above, if non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
    6. Arbitration Fees. If you choose to arbitrate with Arrival App, you will not have to pay any fees to do so. That is because Arrival App will reimburse you for your filing fee, and the AAA’s Consumer Arbitration Rules provide that any hearing fees and arbitrator compensation are our responsibility. To the extent another arbitral forum is selected, Arrival App will pay that forum’s fees as well.
    7. Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Arrival App The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Arrival App
    8. Waiver of Jury Trial. YOU AND ARRIVAL APP WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Arrival App are instead electing to have claims and disputes resolved by arbitration pursuant to this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Arrival App over whether to vacate or enforce an arbitration award, YOU AND ARRIVAL APP WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
    9. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 15.
    10. Right to Waive. Any rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Arbitration Agreement.
    11. 30 Day Right to Opt-out of Arbitration. You may opt out of this Arbitration Agreement. If you do so, neither you nor Arrival App can force the other to arbitrate. To opt out, you must notify Arrival App in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. You must either mail your opt-out notice to this address: Arrival App, Inc., ATTN: Arbitration Opt-out, 440 North Barranca Avenue #2664, Covina, California 91723, or email the opt-out notice to arbitration-opt-out@arrivalapp.com.
    12. Small Claims Court. Notwithstanding the foregoing, either you or Arrival App may bring an individual action in small claims court.
    13. Arbitration Agreement Survival. This Arbitration Agreement will survive the termination of these Terms and your relationship with Arrival App.
15. GOVERNING LAW AND EXCLUSIVE VENUE
    1. Governing Law. Except to the extent they are preempted by U.S. federal law, the laws of California, other than its conflict-of-laws principles, govern these Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to the Service or these Terms or their subject matter.
    2. Exclusive Venue. To the extent that these Terms allow you or Arrival App to initiate litigation in a court, both you and Arrival App agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the Terms or the use of the Service will be litigated exclusively in the United States District Court for the Central District of California. If, however, that court would lack original jurisdiction over the litigation, then all such claims and disputes will be litigated exclusively in the Superior Court of California, County of Alameda. You and Arrival App consent to the personal jurisdiction of both courts.
16. COPYRIGHTS
    1. Arrival App respects copyright laws, including the Digital Millennium Copyright Act, and we take reasonable steps to expeditiously remove from our Service any infringing material that we become aware of. If Arrival App becomes aware that one of its users has repeatedly infringed copyrights, we may also take reasonable steps within our power to terminate the user’s account.
    2. If you believe that anything on the Service infringes a copyright that you own or control, please report it by filing a notice with our designated agent (listed below) as described in this section:

Arrival App, Inc.

Attn: Copyright Agent

440 N Barranca Avenue, #2664

Covina, California 91723

email: copyright@arrivalapp.com

3. Don’t use this email address for anything other than reporting copyright infringement, as such emails will be ignored. 
4. If you file a notice with our Copyright Agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must:
   1. contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner.
   2. identify the copyrighted work claimed to have been infringed.
   3. identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material.
   4. provide your contact information, including your address, telephone number, and an email address.
   5. provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
   6. provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Contact Information. Questions about these terms and any other inquiries should be sent to us at support@arrivalapp.com. Arrival App is located at $40 N Barranca Ave, #2664, Covina, California 91723.

CONFIDENTIALITY, INJUNCTIVE RELIEF, AND NO PUBLICITY

Confidentiality. As you use of Services, you may receive information or be exposed to features and functionality that are not known or available to the general public, including, but not limited to, login credentials, technology, API Keys, dashboards, widgets, insertion codes, and guidelines and documentation relating to or that is otherwise a part of the Service (“Confidential Information”). In consideration of your access and use of the Service, you agree that: (a) all Confidential Information will remain the exclusive property of Arrival App; (b) you will use Confidential Information only as is necessary for your use of the Services and in accordance with this Agreement; (c) you will not disclose Confidential Information to any third party; and (d) you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in these Terms. You further agree not to share with, or otherwise disclose to, any third party, log-in credentials or any other mechanism that permits access to the Service or any other component including without limitation any non-public area of the Arrival App websites or apps.

Injunctive Relief. You acknowledge that a breach by you of any confidentiality or proprietary rights provision of these Terms may cause Arrival App irreparable damage, for which the award of damages would not be adequate compensation. As a result, Arrival App may institute and obtain an action to enjoin you from any acts in violation of those provisions, which remedy shall be cumulative and not exclusive. Additionally, Arrival App may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which we may be entitled at law or in equity.

No Publicity. You shall not publicly disclose, issue any press release, nor make any other public statement, nor otherwise communicate with the media, concerning the existence of these Terms or the subject matter hereof, or your relationship with us without the prior written approval of our legal department. You further agree not to misrepresent or embellish your relationship with us. You agree to refer any inquiry that you receive from the media or other third parties, concerning these Terms, the Service, and/or Arrival App, to our legal department at: legal@arrivalapp.com

NO ASSIGNMENT, SEVERABILITY, HEADINGS, WAIVERS, ENTIRE AGREEMENT, AMBIGUITY, AND RELATIONSHIP BETWEEN THE PARTIES

No Assignment. These Terms shall be personal to you and you may not assign, transfer, sublet, lease, or otherwise delegate all or any of your rights and obligations, without the prior written consent of the General Counsel of Arrival App or his/her designee. Arrival App can assign these Terms or delegate its obligations without restriction.

Severability. In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms; such determination shall not affect the validity and enforceability of any other remaining provisions.

Headings. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms or the interpretation thereof.

Waivers. The failure of Arrival App to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision.

Entire Agreement. These Terms and any policies or operating rules posted by us on this Service or in respect to the Service constitutes the entire agreement and understanding between you and Arrival App and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, negotiations, or understandings, between you and Arrival App (including, but not limited to, any prior versions of these Terms).

Ambiguity and Drafting. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Relationship Between the Parties. Nothing in these Terms shall be construed as making either party the partner, joint venturer, employer, contractor, or employee of the other. Neither party shall have or hold itself out to any third party as having any authority to make any statements, representations, or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. Except as set out in these Terms, only you and Arrival App may enforce these Terms as this contract is between you and Arrival App; no other party shall be entitled to enforce these Terms.

NOTICES AND CONTACT INFORMATION

Notices. You specifically agree to receive and/or obtain any and all notices related to these Terms and the Service via electronic notices such as email or communications through the Service. This includes, but is not limited to, any and all current and future notices and/or disclosures that various federal and/or state laws or regulations require that we provide to you, as well as such other documents, statements, data, records, and any other communications regarding your account. You acknowledge that, for your records, you are able to use your account, computer, tablet, mobile device, or email account to retain any such electronic communications or notices by printing and/or downloading and saving these Terms and any electronic communications or notices or other agreements, documents, materials, polices, records, etc. You accept electronic communications and notices provided via the Service and email or other electronic means as reasonable and proper notice, for the purpose of any and all laws, rules, and regulations, and agree that such electronic form fully satisfies any requirement that such communications be provided to you in writing or in a form that you may keep.