END USER LICENSE AGREEMENT

(last updated 20 May 2022)

Definitions

In this EULA the following definitions, when capitalized, shall have the following meanings:

Apple – means Apple, Inc., any parent or group company or any successor thereof which operates the Apple mobile platform currently called “App Store”.

Apps – means Our mobile applications and any services provided through the Apps. It is a part of the Services which We provide to You. A complete list of the Apps can be found at www.ttworkshop.top

Company (or “TTWorkshop”, “We”, “Us”, “Our”) – means TeatimeWorkshop.

Content – means all kinds of content, including, but not limited to the look and feel of our Apps, information, data, text, reviews, articles, links, software, sound, music, photographs, graphic or video messages, tags or other materials uploaded, posted, communicated, transmitted, created, generated or otherwise made available or accessible via Our Services or via a Mobile Platform, whether publicly available or privately transmitted by a Third Party Supplier, or contributed, submitted, displayed or otherwise provided by You when using the Services, or as a result of Your interaction with other user of the Services.

Device – means an authorized smartphone or a tablet or other mobile device, which You own or otherwise legally control solely for Your lawful, personal, and non-commercial use.

EEA – means the European Economic Area.

EULA – means this End User License Agreement, which is the legal agreement between You and Us, and together with all the related documentation sets forth the terms and conditions governing the use of any of Our Apps downloaded and installed by You or other related Services.

Intellectual Property Rights – means, collectively, rights under patent, trademark, copyright, trade dress and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights.

Mobile Platform – means “App Store” operated by Apple, or “Google Play” operated by Google, where You may access and download the Apps to Your Device.

Open Source Software – means all or any portion of the App, which constitutes a nonproprietary software or software provided under free public license by third parties.

Policy – means the privacy policy, which describes how We collect, use, process, store and share information that We collect about You, and which is incorporated here by this reference as a part of EULA.

Representative – means a parent, or a legal guardian, or other representative under the applicable law of a person between 16 and 18 years of age.

Services – means Apps and Our related services/products and websites, which You download, install, use and/or visit.

Third Party Suppliers – means third party suppliers who offer Content and/or services in conjunction with or through the Services.

Unacceptable Content – means any kind of content or behavior in connection with the use of the Apps or Services that is either illegal or unacceptable under the generally accepted moral rules including, but not limited to the following examples: (i) engaging in or contributing to any illegal activity or activity that violates others’ rights, (ii) content that is or could be reasonably viewed as unlawful, harmful, harassing, defamatory, libelous, obscene or otherwise objectionable and unacceptable; (iii) providing information that is false, misleading or inaccurate, (iv) disclosing of any personal or proprietary information of another user or any other person or otherwise invading other person privacy, (v) abuse, harassment, stalking, threats, faming or intimidation of any person or organization, (vi) profanity or use of derogatory, discriminatory, hatred or excessively graphic language, (vii) any content that may harm minors, (viii) disseminating or advocating in any way hate, intolerance, discrimination, harm, racial or ethnic hatred, violence, crime or war, (ix) offensive, vulgar, sexually explicit or pornographic content, (x) promoting the use of alcohol, tobacco or any narcotic or illegal substances, firearms (xi) transmitting software viruses, worms or any other kind of harmful software, (xii) unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation, (xiii) hacking, (xiv) infringing any Intellectual Property Rights, or unlawful provision/disclosure of information (insider information, confidential information, etc proprietary information), (xv) other unacceptable content or behavior.

USA – means the United States of America.

U.S. Government – means, the United States of America, its agencies and/or instrumentalities.

You (or “Your” or “User”) – means the person, who uses Our Services under this EULA and whose data is collected, stored, processed, used and shared according to Our Policy.

Your information – means Your personal data and other related information further described in more detail in the Policy.

IMPORTANT NOTICE FOR U.S. USERS REGARDING ARBITRATION: WHEN YOU AGREE TO THIS EULA YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND TeatimeWorkshop THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY “DISPUTE RESOLUTION FOR USERS IN THE UNITED STATES” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).

About EULA and Us

License to use Our Apps and limitations

Installation, access and using Our Services

Privacy

Content and user conduct

Links to Third Party Suppliers, Content and services they provide

Intellectual property

Export controls and legal compliance

Term, termination and survival

Disclaimer of warranty

Limitation of liability

Indemnification

Amendments

Applicable law and severability

Waiver of Our rights

Dispute resolution

Dispute resolution for Users in the United States

The following terms of this section entitled "Dispute Resolution for Users in the United States" apply if you reside in the United States:

(i). Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to this EULA or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and TeatimeWorkshop agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this EULA, and that you and TeatimeWorkshop are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this EULA.

(ii). Exceptions and Opt-out. As limited exceptions to subsection (a) above: (i) you may seek to resolve a Dispute in small claims court If it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at support@ttworkshop.top within thirty (30) days following the date you first agree to this EULA.

(iii). Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this EULA. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

(iv). Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

(v). Class Action Waiver. YOU AND TeatimeWorkshop AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

(vi). Severability. With the exception of any of the provisions in the Class Action Waiver described in subsection (e) of EULA, if an arbitrator or court of competent jurisdiction decides that any part of this EULA is invalid or unenforceable, the other parts of this EULA will still apply.

Notice for Apple Device users

Queries regarding this EULA