Last modified: March 20, 2024
This Mobile App End User License Agreement (the "Agreement") is a binding agreement between YOU ("End User" or "You") and TYB, INC. ("TYB"). This Agreement governs your use of the TYB mobile application including all related documentation (the "App"). The App is licensed, not sold, to you.
BY DOWNLOADING, INSTALLING, AND/OR USING THE APP, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; AND (B) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, AND/OR USE THE APP.
THE APP IS NOT INTENDED FOR USE BY INDIVIDUALS UNDER THE AGE OF 13. INDIVIDUALS UNDER THE AGE OF 13 MAY NOT CREATE ACCOUNTS OR USE THE APP. YOU MUST BE AT LEAST 18 YEARS OF AGE (OR THE AGE OF LEGAL MAJORITY WHERE YOU LIVE) TO USE THE APP. IF YOU ARE BETWEEN 13 AND 18 YEARS OF AGE (OR THE AGE OF LEGAL MAJORITY WHERE YOU LIVE), YOU MAY USE THE APP ONLY UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN WHO AGREES TO BE BOUND BY THESE TERMS. IF YOU ARE A PARENT OR LEGAL GUARDIAN OF A USER BETWEEN THE AGE OF 13 AND 18 (OR THE AGE OF LEGAL MAJORITY WHERE YOU LIVE), YOU AGREE TO BE FULLY RESPONSIBLE FOR THE ACTS OR OMISSIONS OF SUCH USER IN RELATION TO OUR APP. IF YOU USE OUR APP ON BEHALF OF ANOTHER PERSON OR ENTITY, (A) ALL REFERENCES TO “YOU” THROUGHOUT THESE TERMS WILL INCLUDE THAT PERSON OR ENTITY, (B) YOU REPRESENT THAT YOU ARE AUTHORIZED TO ACCEPT THESE TERMS ON THAT PERSON’S OR ENTITY’S BEHALF, AND (C) IN THE EVENT YOU OR THE PERSON OR ENTITY VIOLATES THESE TERMS, THE PERSON OR ENTITY AGREES TO BE RESPONSIBLE TO US.
BY CLICKING THE “I ACCEPT” BUTTON, OR BY INSTALLING, OR OTHERWISE USING THE APP, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AS WELL AS THE TYB TERMS OF SERVICE, THE TYB PRIVACY POLICY (“PRIVACY POLICY”) INCLUDING, WITHOUT LIMITATION, THE DISPUTE RESOLUTION AND ARBITRATION PROVISIONS, WARRANTY DISCLAIMERS, LIMITATION OF LIABILITY, DATA USE AND TERMINATION PROVISIONS BELOW, WHETHER OR NOT YOU DECIDE TO USE THE APP. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN AGREEMENT NEGOTIATED AND SIGNED BY YOU. IF YOU DO NOT AGREE, YOU ARE NOT LICENSED TO USE THE APP, AND YOU MUST DESTROY ANY DOWNLOADED COPIES OF THE APP IN YOUR POSSESSION OR CONTROL. A COPY OF THE TERMS OF SERVICE MAY BE FOUND AT https://www.tyb.xyz/terms-of-service. A COPY OF THE PRIVACY POLICY MAY BE FOUND AT https://www.tyb.xyz/privacy-policy.
1. License Grant. Subject to the terms of this Agreement, TYB grants you a limited, non-exclusive, and nontransferable license to;
2. License Restrictions. Licensee shall not:
3. Reservation of Rights. You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. TYB reserves and shall retain its entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
4. Registration Data. You will be asked to create your own personalized account to use the App. In consideration of your use of the App, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms made available via the App ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to TYB, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to TYB.
TYB is under no obligation to retain a record of your account or any data or information that you may have stored by means of the account or your use of the App. You are only authorized to create and use one account for the App. You are under no obligation to use or continue to use the App and may cease use of the App without notice to TYB.
5.Collection and Use of Your Information. You acknowledge that when you download, install, or use the App, TYB may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the App, including, but not limited to, contact information and technical information about your use, the device, system, software, and peripherals, that are gathered to analyze the use, features and functionality of the App and to facilitate the provision of software updates, product support and other services related to the App. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the App or certain of its features or functionality. All information we collect through or in connection with this App is subject to our Privacy Policy and Terms of Service and may be shared with our Brand Partners. By downloading, installing, using, and providing information to or through this App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy and Terms of Service.
6. Terms of Service; Privacy Policy. Your access and use of the App are governed by this Agreement and TYB’s Terms of Service and Privacy Policy which are incorporated herein by this reference. Your access to and use of the App may require you to acknowledge your acceptance of such Terms of Service and Privacy Policy and/or to register with the App, and your failure to do so may restrict you from accessing or using certain of the App's features and functionality.
7. The Service. Our Services may allow you and other users to create, post, store, purchase, sell, trade, publish, and share content, access brand tokens and badges, which provide tickets to events or free products, messages, text, photos, videos, software, and other materials (collectively, “User Content”). As between you and TYB, you retain all rights in and to your User Content, excluding any portion of the Services included in your User Content. You further agree and undertake that you are accessing the services available on this App and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this App.
8. Prohibited Conduct and Content.
(a) You will not violate any applicable law, contract, intellectual property right or other third-party right, or commit a tort, and you are solely responsible for your conduct while using our Services. You will not:
Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
Use or attempt to use another user’s account without authorization from that user and TYB;
Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
Sell or resell our Services;
Commercially use our Services;
Copy, reproduce, distribute, publicly perform, or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services;
Develop or use any applications that interact with our Services without our prior written consent;
Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
Bypass or ignore instructions contained in our robots.txt file; or
Use our Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.
(b) You may also post or otherwise share only User Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, store, or share any User Content that:
Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
Would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national, or international law;
May infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
Contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences;
Impersonates, or misrepresents your affiliation with, any person or entity or the authorship of such User Content;
Contains any unsolicited promotions, political campaigning, advertising, or solicitations;
Contains any private or personal information of a third party without such third party’s consent;
Contains any viruses, corrupted data, or other harmful, disruptive, or destructive files or content; or
In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose TYB or others to any harm or liability of any type.
(c) You have the option to block or flag End Users on the App or report them or their User content to us via email at help@tyb.xyz. We will take action on any reported User Content within 24 hours and, if necessary, remove the User Content and terminate the End User that submitted the content.
(d) Enforcement of this Section 8 is solely at TYB’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 8 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
(e) Please note that parental control protections (such as computer hardware, software, or filtering services) may be commercially available to assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections should be available at: https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers (last checked on February 23, 2022).
9.Updates. TYB may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that TYB has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this Agreement.
We may also cease or discontinue providing the App, or support or upgrades for the App, at any time. Such new features and/or services shall be subject to the terms and conditions of the then-current version of the Agreement as well as any additional terms and conditions that TYB may post on the Site/App or make available through the Services. TYB may also modify or eliminate services, modules or features of the App or Services; your sole and exclusive remedy, and TYB’s sole liability, in connection with any such change, modification or elimination is to terminate your account with us.
TYB reserves the right, at its sole discretion, to amend or update any part of the Agreement by posting the amended or updated Agreement on the Site or making it available through the App. While we may attempt to notify you when major changes are made to the Agreement, it is your responsibility to check the Agreement periodically for changes, and you should check the “Last Updated” dates at the top of this End-User License Agreement and our Privacy Policy to familiarize yourself with the latest version of the Agreement. Your continued use of or access to the App and Services following the posting or distribution of any changes to the Agreement constitutes acceptance of those changes.
10. Third-Party Content. TYB may display, include, or make available content, data, information, applications, or materials from third parties (collectively the "Third Party Content"). TYB does not control, warrant, endorse or adopt any Third-Party Content and does not assume and will not have any liability or responsibility to You or any other person for any third-party services, Third Part Content, or web sites, or for any other materials, products, or services of third parties. You acknowledge and agree that TYB is not responsible or liable in any manner for any Third-Party Content and is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or web sites. Users use such Third-Party Content contained therein at their own risk.
TYB may also run advertisements and promotions from third parties on the Website or in the App or may otherwise provide information about or links to other third-party products or services. Any purchases or other transactions or actions made on or through links accessed from the Website or App are solely between the user and the third party from whom the purchase was made (the "Third-Party Seller"). Any business dealings, interactions, or correspondence with, or participation in promotions of such Third-Party Seller, and any terms, conditions, warranties, or representations associated with such purchases, dealings, or promotions, are also solely between the user and such Third-Party Seller. TYB is not responsible or liable for any loss or damage of any sort incurred as the result of any such third-party purchases, dealings, interactions, advertising, or promotions or as the result of the presence of such third-party information or content on the Website or in the App.
You understand that by using the App or Third-Party Content, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the App at Your sole risk and that the Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.
11. Third Party Terms. End Users agree that in addition to the Agreement, your use of the App is subject to the usage rules set forth in Apple’s App Store terms of service, if you download the App from the App Store, or in Google Play’s terms of service, if you download the Applications from Google Play, or any other third party platform, developer or distributor end-user license agreement and/or terms and conditions by which you agree to be bound when you download the App or otherwise access the Services.
Without limiting the generality of the foregoing, if you downloaded the App from Apple, you and TYB acknowledge and agree to the following: This Agreement is concluded between you and TYB only, and not with Apple Inc. (“Apple”). TYB, not Apple, is solely responsible for the App and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be TYB’s sole responsibility. TYB, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the Appl fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Apple will have no responsibility for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third-party beneficiary thereof.
12. Term and Termination. The term of Agreement commences when you download/install the App and will continue in effect until terminated by you or TYB as set forth in this Section 12. You may terminate this Agreement by deleting the App and all copies thereof from your Mobile Device. TYB may terminate this Agreement at any time without notice if it ceases to support the App, which TYB may do in its sole discretion, if TYB discovers you are under the age of 18, you fail to abide by or violate any of the terms and conditions of this Agreement.
Upon termination all rights granted to you under this Agreement will also terminate and you must cease all use of the App and delete all copies of the App from your Mobile Device and account. Termination will not limit any of TYB's rights or remedies at law or in equity.
13. Intellectual Property. TYB, the TYB logos and any other product or service name or slogan contained on the Website and App are trademarks of TYB and its suppliers or licensors, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of TYB or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "TYB" or any other name, trademark or product or service name of TYB without our prior written permission. In addition, the look and feel of the Website and the App, including all page headers, custom graphics, button icons and scripts, is intellectual property of TYB and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Website or in the App are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks, and other proprietary rights. Other product and company names that are mentioned on the App may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
14. Compatibility With Mobile Devices. TYB does not warrant that the App will be compatible or interoperable with your mobile device or any other hardware, software or equipment installed on or used in connection with your mobile device.
15. Carrier Charges. You acknowledge and understand that the App requires and utilizes mobile phone service, data access and text messaging capabilities. Carrier rates for phone, data and text messaging may apply and you are responsible for any such charges. By using the App, you agree to be responsible for any fees that we may impose or that are incurred as a result of your use of the App. You hereby represent and warrant that you are the owner or authorized user of any smartphone or other wireless device that you use to access the App, and that you are authorized to approve all associated SMS and data charges.
16. Electronic Communications. When you use the Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or through the App. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
17. Disclaimer of Warranties. THE APP IS NEITHER GURANTEED NOR WARRANTED TO BE ERROR-FREE. THE APP IS PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, TYB, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, TYB PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
THE FOREGOING LIMITED WARRANTY AND REMEDIES STATE THE SOLE AND EXCLUSIVE REMEDIES FOR TYB’S OR ITS SUPPLIER’S BREACH OF WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
In the event of any failure of the App to conform to any applicable warranty, the End-User may notify Apple, and Apple will refund the purchase price for the App to that End-User. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
18. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TYB OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP OR THE SERVICES FOR:
TYB DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE OR OPPORTUNITY ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APP, OR ANY HYPERLINKED OR INTEGRATED WEBSITE/APP OR SERVICES, AND TYB WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING OR ENFORCING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY (INCLUDING ANY ADVERTISER OR OTHER THIRD PARTY WHICH OFFERS OR ATTEMPTS TO TAKE ADVANTAGE OF A DEAL OR PROMOTION THROUGH THE APP).
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR TYB WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. WHERE LEGALLY LIABILITY CANNOT BE EXCLUDED FOR THE APP, BUT IT MAY BE LIMITED, TYB’S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00).
19. Release. To the fullest extent permitted by applicable law, you release TYB and the other TYB Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
20. Indemnification. You agree to indemnify, defend, and hold harmless TYB and its officers, directors, employees, agents, affiliates, successors, and assigns (the “TYB Parties”) from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the App or your breach of this Agreement, including but not limited to the content you submit or make available through this App.
21. Export Regulation. You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the App for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missiles, or chemical or biological weapons.
22. US Government Rights. The App is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the App as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
23. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
24. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of Arizona, in each case located in the City of Tucson. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
25. Dispute Resolution; Binding Arbitration. BY DOWNLOADING, INSTALLING, AND/OR USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE DISPUTE RESOLUTION; BINDING ARBITRAITON PROVISIONS SET FORTH IN THE TERMS OF SERVICE WHICH CAN BE FOUND AT https://www.tyb.xyz/terms-of-service.
26. Entire Agreement. This Agreement, together with both our Terms of Service and Privacy Policy, constitute the entire agreement between you and TYB with respect to the App and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the App.
27. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
28. Contact. You may contact TYB at the following email address: help@tyb.xyz for and questions, claims or complaints.
