SINGIT TERMS OF USE

Last Updated: September 3, 2026

Welcome to Singit. Please read the following Terms of Use (the “Agreement“) carefully before using our website (together with its subdomains, Content, Marks and services, each as defined below, the “Site”) and/or our mobile software application called Singit (the “App”) (together, “ Platform“) so that you are aware of your legal rights and obligations with respect to Singit (“Singit“, “we“, “our” or “us“). By accessing or using the Platform, you expressly acknowledge and agree that you are entering a legal agreement with us and have understood and agree to comply with, and be legally bound by, this Agreement, together with the Privacy Policy which is hereby incorporated into this Agreement by reference (the date of such acceptance, the “Effective Date“). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by this Agreement please do not access or use the Platform.

SECTION 25 CONTAINS PROVISIONS THAT GOVERN HOW TO RESOLVE DISPUTES BETWEEN YOU AND SINGIT. AMONG OTHER THINGS, THIS SECTION INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 25 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ IT CAREFULLY.

UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT (AS DEFINED IN SECTION 25) WITHIN THIRTY (30) DAYS IN ACCORDANCE WITH SECTION 25. (30-DAY RIGHT TO OPT OUT): (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

ANY DISPUTE, CLAIM OR REQUEST FOR RELIEF RELATING IN ANY WAY TO YOUR USE OF THE PLATFORM WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF NEW YORK, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.

1. Modification. We reserve the right, at our discretion, to modify this Agreement at any time. Such modification will be effective following posting of the revised Agreement on the Platform, and your continued use of the Platform thereafter means that you accept those modifications.

2. Ability to Accept. The Platform is only intended for individuals aged eighteen (18) years or older. If you are under 18 years please do not visit or use the Platform. We reserve the right to delete any data or Account that we suspect is related to a person that is under the age of 18.

3. Access Restrictions. By creating an Account and accessing the App, you represent and warrant that you have not committed, been convicted of, or pled no contest to a felony, a sex crime, or any crime involving violence or a threat of violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry.

4. Access. For such time as this Agreement is in effect, we hereby grant you a personal, limited, non-exclusive, non-assignable, non-sublicensable, revocable right to: (i) download, install, access and use the App on a mobile telephone, tablet or other mobile device that you own or control, in accordance with this Agreement and any applicable Usage Rules (defined below); and (ii) access and use the Website in accordance with this Agreement; in each case solely for your own personal and non-commercial use, and provided that you comply with this Agreement. Except for the foregoing right, we do not grant you any right or licenses to any of our or a third party’s Intellectual Property Rights. You agree that you will not: (i) use the Platform for any purpose or in any manner that is illegal or prohibited by this Agreement; (ii) use the Platform for any harmful or malicious purpose; (iii) use the Platform in order to damage Singit or other users of the Platform.

5. Restrictions. As a condition to your right to access and use the Platform, you shall not (and shall not permit or encourage any third party to) do any of the following: (a) copy or reproduce the Platform; (b) sell, assign, lease, lend, rent, distribute, or make available the Platform to any third party, or otherwise offer or use the Platform in a time-sharing, outsourcing, or service bureau environment; (c) modify, alter, adapt, arrange, translate, decompile, disassemble, reverse engineer, decrypt, or otherwise attempt to discover the source code or non-literal aspects (such as the underlying ideas, algorithms, structure, sequence, organization, and interfaces) of, the Platform; (d) remove, alter, or conceal, in whole or in part, any copyright, trademark, or other proprietary rights notice or legend displayed or contained on or in the Platform; (e) circumvent, disable or otherwise interfere with security-related or technical features or protocols of the Platform; (f) make a derivative work of the Platform, or use the Site to develop any service or product that is the same as (or substantially similar to or competitive with) the Platform; (g) publish or transmit any robot, virus, malware, Trojan horse, spyware, or similar malicious item intended (or that has the potential) to damage or disrupt the Platform; (h) post, share or otherwise publish any content that infringes any third-party IP rights or any other rights; (i) take any action that imposes or may impose (at our sole discretion) an unreasonable or disproportionately large load on the Platform infrastructure, or otherwise interfere (or attempt to interfere) with the integrity or proper working of the Platform; and/or (j) use the Platform to infringe, misappropriate or violate any third party’s Intellectual Property Rights (as defined below), or any law.

6. Account. In order to use some of the services of the Platform, you may have to create an account (“Account“). You agree not to create an Account for anyone else or use the account of another. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify Singit immediately of any breach of security or unauthorized use of your Account. As between you and Singit, you are solely responsible and liable for the activity that occurs in connection with your Account. If you wish to delete your Account you may send an email request to Singit at support@singit.io.

7. Usage Rules. If you are downloading the App from a third party mobile device platform or service provider (for example, from the Apple App Store) (what we call here, a “Distributor”), please be aware that the Distributor may have established usage rules which also govern your use of the App (“Usage Rules”). We specifically refer to the Usage Rules of certain Distributors in the section below entitled ‘Distributor Requirements and Usage Rules’, but other Usage Rules may be applicable depending on where the App has been downloaded from. You acknowledge that, prior to downloading the App from a Distributor, you have had the opportunity to review and understand, and will comply with its Usage Rules. The Usage Rules that are applicable to your use of the App are incorporated into, and made a part of, this Agreement by this reference.

8. Location Data. Certain features or functionality (together, these are called, “Features”) of the Service may collect or be dependent on data related to your geographic location (which we refer to as “Location Data”). If you wish to use these Features, you agree to provide or make your Location Data accessible to us. Additionally, we may request to have access to your camera, microphone and files. To the extent that we do collect any of the data described in this Section 8, we shall use it in accordance with our Privacy Policy (defined below). You may revoke any of the above permissions at any time through your device settings, though this may affect the function of certain features within the App. Location data collected automatically via your IP address is used solely for localization, personalization and App analytics. If you do not provide or make such data accessible, then the Features may be limited or not operate.

9. Payments to Singit. All financial transactions made in connection with the Platform will be processed by a third party in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. We encourage you to learn about the practices of such third party. Singit will not be responsible for the actions or inactions of such third party, including, but not limited to, system downtime or payment service outages.

10. Linking. We permit you to link to the Site provided that: (i) you link to (but do not replicate) any page on this Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with Singit or present any false information about us, and shall not imply in any way that we are endorsing you or any services or products, unless we have given you our express prior consent to do so; (iv) you shall not link from a website which prohibits linking to third parties; (v) the website from which you link to the Site does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any Intellectual Property Rights; and/or (vi) you, and your website, comply with this Agreement and applicable law.

11. INTELLECTUAL PROPERTY RIGHTS

11.1 Content and Marks. The (i) content and information on the Platform, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, links, interactive features, and services (collectively, the “Materials”), (ii) and User Submissions, as defined below (together with the Materials, the “Content”), and (ii) the trademarks, service marks, trade names, service names, trade dress, symbols, brands, and logos contained therein (“Marks”), are the property of Singit and/or its licensors and may be protected by Intellectual Property Rights laws and treaties. “Singit”, the Singit logo, and other marks are Marks of Singit or its affiliates. All other Marks used or appearing on the Platform are the Marks of their respective owners. We reserve all rights not expressly granted in and to the Platform.

11.2 Cover Recordings; No Affiliation with Original Artists. Certain audio and audio-visual recordings made available through the Platform are cover recordings that are licensed to Singit by third-party licensors. Songs are not recorded by the Original Artist. Any reference to the name of a recording artist or songwriter is made solely for identification and nominative purposes (for example, “In the Style of” or “Made Popular By”), and does not state or imply any endorsement or sponsorship by, or affiliation with, any original artist, songwriter or other rights holder. Nothing on the Platform is intended to, or should be understood to, indicate that any such recording is the original artist’s recording, and you acknowledge and agree that it is not.

11.3 Use of Content. Content on the Platform is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein. In any event you wish to use, publish, copy, distribute, transmit, broadcast, display or otherwise exploit such Content, please be in touch with us at support@singit.io in order to receive our written consent.

11.4 Licensed Musical Content. The musical sound recordings and related content made available through the Platform (the “Licensed Recordings”) are licensed to Singit by third-party licensors, are licensed to you and not sold, and remain the property of Singit’s licensors and their respective rights holders. Your access to the Licensed Recordings is limited to streaming and to any temporary caching or offline access that we expressly enable within the Platform, in each case solely for your own personal, non-commercial use and only for so long as your access to the Platform remains active. You shall not, and shall not permit or enable any third party to: (a) permanently download, copy, rip, record, capture, extract or otherwise retain any Licensed Recording other than through functionality that we expressly provide; (b) reproduce, distribute, publicly perform, broadcast, transmit, make available, sell, license or otherwise exploit any Licensed Recording outside the Platform; (c) modify, remix, or create derivative works of any Licensed Recording, except as expressly enabled through Platform features; or (d) remove, alter, bypass or circumvent any watermark, encryption, digital rights management or other technical protection measure applied to any Licensed Recording. We may add, remove, suspend or replace any Licensed Recording at any time, without notice and without any liability to you.

12. Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Platform is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.

13. Third Party Content. The Platform may present, or otherwise allow you to view, access, link to, and/or interact with, Content from third parties and other sources that are not owned or controlled by us (such Content, “Third Party Content”). The Platform may also enable you to communicate with the related third parties. The display or communication to you of such Third Party Content does not (and shall not be construed to) in any way imply, suggest, or constitute any sponsorship, endorsement, or approval by us of such Third Party Content or third party, or by such third party of us, and nor any affiliation between us and such third party. We do not assume any responsibility or liability for Third Party Content, or any third party’s terms of use, privacy policies, actions, omissions, or practices. Please read the terms of use and privacy policy of any third party that you interact with before you engage in any such activity.

14. Privacy. We (together with nominated third parties) will use any personal information that we may collect or obtain in connection with the Platform in accordance with our privacy policy which is available at https://www.singit.io/privacy-policy/. You agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy.

15. Copyright Policy. It is our policy to respect the legitimate rights of copyright and other intellectual property owners, and we will respond to clear notices of alleged copyright infringement which are sent to support@singit.io. Please be advised that we at our discretion, we may terminate the access to our Platform of users who are repeat infringers. Singit shall not be liable for any work that has been copied by a Platform user in a way that constitutes copyright infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at the email address provided above.

16. User Submissions and User Renditions. The Platform may allow you to create, record, upload, post, store or share content, including audio and audio-visual recordings that you create using the Licensed Recordings (“User Renditions” and, together with any other content you submit to or through the Platform, “User Submissions”). You may create and share User Renditions only within the Platform, or outside the Platform solely by means of a link to a file that remains hosted within the Platform; you shall not otherwise download, distribute, publish or make available any User Rendition in any manner that results, or is likely to result, in the distribution of a Licensed Recording outside the Platform. You represent and warrant that you own, or have obtained, all rights necessary in and to your User Submissions, and that your User Submissions, and our use of them as permitted in this Agreement, do not and will not infringe or violate the rights of any third party or any applicable law. As between you and Singit, you retain ownership of the original content that you contribute; you hereby grant Singit and its licensors a non-exclusive, worldwide, royalty-free, fully paid-up, sublicensable and transferable license to host, store, reproduce, adapt, modify, publicly perform, publicly display, distribute and otherwise use your User Submissions in connection with operating, providing, improving and promoting the Platform. We may, at our sole discretion and without notice, remove, disable or restrict access to any User Submission (including any User Rendition) at any time and for any reason, including at the request of a licensor or other rights holder.

17. WARRANTY DISCLAIMERS

17.1 This section applies whether or not the services provided under the Platform are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.

17.2 THE PLATFORM (WHICH, FOR CLARITY, INCLUDES WITHOUT LIMITATION CONTENT AND MARKS) IS PROVIDED AND MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND WITHOUT ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION OF ANY KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, QUIET POSSESSION, TITLE, QUALITY OF SERVICE, NON-INFRINGEMENT, OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED BY US AND OUR LICENSORS AND SUPPLIERS. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. YOU FURTHER UNDERSTAND AND AGREE THAT THE CONTENT MADE AVAILABLE IN THE PLATFORM MAY BE REMOVED BY SINGIT AT ANY TIME WITHOUT PRIOR NOTICE.

17.3 IN ADDITION, NEITHER SINGIT NOR ITS LICENSORS OR SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION: (A) REGARDING THE EFFECTIVENESS, USEFULNESS, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY, OR COMPLETENESS OF THE PLATFORM; (B) THAT YOUR USE OF, OR RELIANCE UPON, THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, ERROR-FREE OR VIRUS-FREE, OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED; OR (D) REGARDING THE SATISFACTION OF, OR COMPLIANCE WITH, ANY GOVERNMENT REGULATIONS OR STANDARDS.

17.4 We also disclaim any warranties regarding (a) the reliability, timeliness, accuracy, and performance of the Platform, (b) any information, advice, services, or goods obtained through or advertised on the Platform or by us, as well as for any information or advice received through any links to other websites or resources provided through the Platform, (c) the results that may be obtained from or through the Platform, and (d) the correction of any errors in the Platform, (e) any material or data obtained through the use of the Platform, and (f) your proficiency in any given language after using the App. You may have additional rights under the law of the country in which you are based. You agree that the duration of such additional rights will be limited to the full extent permitted by such law.

18. LIMITATION OF LIABILITY

18.1 IN NO EVENT SHALL SINGIT OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE UNDER, OR OTHERWISE IN CONNECTION WITH, THIS AGREEMENT, FOR:

18.1.1 ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES;

18.1.2 ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF REVENUE, OR LOSS OF ANTICIPATED SAVINGS;

18.1.3 ANY LOSS OF, OR DAMAGE TO, DATA, REPUTATION, OR GOODWILL;

18.1.4 THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES;

18.1.5 YOUR USE OF THE PLATFORM, SUCCESS IN LEARNING ANY LANGUAGE OR ACHIEVING DESIRED RESULTS; AND/OR

18.2 ANY FAILURE OR DELAY IN PERFORMANCE DUE TO AN EVENT OF FORCE MAJEURE (DEFINED BELOW AND/OR ANY CAUSE BEYOND THEIR CONTROL. FOR PURPOSES OF THIS AGREEMENT, AN EVENT OF “FORCE MAJEURE” SHALL BE DEFINED AS: (A) FIRE, FLOOD, EARTHQUAKE, EXPLOSION, PANDEMIC OR EPIDEMIC (OR SIMILAR REGIONAL HEALTH CRISIS), OR ACT OF GOD; (B) STRIKES, LOCKOUTS, PICKETING, CONCERTED LABOR ACTION, WORK STOPPAGES, OTHER LABOR OR INDUSTRIAL DISTURBANCES, OR SHORTAGES OF MATERIALS OR EQUIPMENT, NOT THE FAULT OF EITHER PARTY; (C) INVASION, WAR (DECLARED OR UNDECLARED), TERRORISM, RIOT, OR CIVIL COMMOTION; (D) AN ACT OF GOVERNMENTAL OR QUASI-GOVERNMENTAL AUTHORITIES (INCLUDING WITHOUT LIMITATION LOCKDOWNS); (E) FAILURE OF THE INTERNET OR ANY PUBLIC TELECOMMUNICATIONS NETWORK, HACKER ATTACKS, DENIAL OF SERVICE ATTACKS, VIRUS OR OTHER MALICIOUS SOFTWARE ATTACKS OR INFECTIONS, SHORTAGE OF ADEQUATE POWER OR TRANSPORTATION FACILITIES; AND/OR (F) ANY MATTER BEYOND THE REASONABLE CONTROL OF SINGIT. IN SUCH FORCE MAJEURE, SINGIT SHALL BE EXCUSED FROM SUCH PERFORMANCE TO THE EXTENT THAT, AND FOR SO LONG AS, PERFORMANCE IS PREVENTED, INTERRUPTED, OR DELAYED BY THE FORCE MAJEURE. IF AND WHEN PERFORMANCE IS RESUMED, ALL DATES SPECIFIED UNDER THIS AGREEMENT SHALL BE AUTOMATICALLY ADJUSTED TO REFLECT THE PERIOD OF SUCH PREVENTION, INTERRUPTION, OR DELAY BY REASON OF SUCH FORCE MAJEURE. THE AGGREGATE LIABILITY OF SINGIT UNDER, OR OTHERWISE IN CONNECTION WITH, THIS AGREEMENT SHALL NOT EXCEED THE LOWER OF: (A) ONE HUNDRED U.S. DOLLARS (US $100), AND (B) THE AMOUNTS ACTUALLY PAID BY YOU TO SINGIT DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU BRING YOUR CLAIM.

18.3 THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY: (A) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW; (B) EVEN IF SINGIT HAS BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES, DAMAGES, OR COSTS; (C) EVEN IF ANY REMEDY IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE; AND (D) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY, INCLUDING WITHOUT LIMITATION NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY, OR OTHER CONTRACT OR TORT LIABILITY.

18.4 Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or of other damages, and to the extent applicable to you, such exclusions and limitations shall not apply. Furthermore, nothing in this Agreement shall be deemed to exclude or limit liability for death or personal injury resulting from negligence, or for fraud or fraudulent misrepresentation.

19. Indemnity. You agree to defend, indemnify and hold harmless Singit and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Platform; (ii) your User Submissions; or (iii) breach of any provision of this Agreement.

20. TERM AND TERMINATION

20.1 This Agreement commences on the Effective Date and shall continue in full force and effect until terminated in accordance herewith (the “Term”).

20.2 We reserve the right to immediately terminate this Agreement, or otherwise modify, suspend or discontinue your access to and use of the Platform (or any part thereof), for any reason whatsoever, at any time, and without notice or obligation to you, and you agree that Singit shall have no liability to you or any third party for any such termination, modification, suspension, or discontinuance.

20.3 You may terminate this Agreement at any time and for any reason without right of refund for payments made. If you object to any term or condition of this Agreement or any subsequent changes thereto, or become dissatisfied with the Platform in any way, your sole remedy is to terminate this Agreement and to immediately discontinue use of the Platform.

21. Consequences of Termination and Survival. Upon termination of this Agreement your right to access and use the Platform will automatically terminate and be deemed revoke. Sections 11 (Intellectual Property Rights) through 30 (Entire Agreement) inclusive shall survive any termination of this Agreement. Termination shall not affect any rights and obligations accrued as of the effective date of termination.

22. Independent Contractors. You and Singit are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Singit. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Singit.

23. Assignment. Singit may assign this Agreement (or any of its rights and/or obligations hereunder) without your consent, and without notice or obligation to you. This Agreement is personal to you, and you shall not assign (or in any other way transfer) this Agreement (or any of your obligations or rights hereunder) without Singit’s express prior written consent. Any prohibited assignment shall be null and void.

24. Governing Law and Place of Jurisdiction. This Agreement (including without limitation its validity and formation) shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to any conflicts of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act shall not apply to this Agreement and are hereby disclaimed. The competent courts of the city of New York, New York shall have the exclusive jurisdiction with respect to any dispute and action arising under or in relation to this Agreement. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

25. DISPUTE RESOLUTION

Please read this Section carefully.

25.1 Mandatory, Bilateral Arbitration. YOU AND Singit AGREE THAT ANY DISPUTE, CONTROVERSY OR CLAIM ARISING UNDER, OR OTHERWISE IN CONNECTION WITH, THIS AGREEMENT (EACH, A “Dispute“) SHALL BE RESOLVED ONLY BY FINAL AND BINDING BILATERAL ARBITRATION, except that each party retains the right to bring an individual action in a small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s Intellectual Property Rights. This agreement to arbitrate is intended to be broadly interpreted.

(A) Arbitration Rules and Governing Law

Notwithstanding your and Singit’s agreement that New York law governs this Agreement and its validity, interpretation and application, you and Singit hereby further agree that the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (“FAA“) applies to this agreement to arbitrate, and governs all questions of whether a Dispute is subject to arbitration.

Unless you and Singit expressly agree otherwise in writing in respect of a Dispute, the arbitration shall be administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS“), pursuant to JAMS Streamlined Arbitration Rules and Procedures (“JAMS Streamlined Rules“), as modified by this Agreement (that is, the terms of this Section 25 govern if they conflict with any of the JAMS Streamlined Rules), and consistent with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (“JAMS Consumer Fairness Standards“). The arbitrator must honor the terms and conditions of this Agreement (including without limitation all liability exclusions and limitations), and can award damages and relief, including any attorneys’ fees authorized by law. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND Singit ARE HEREBY EACH IRREVOCABLY WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION (OR OTHER CLASS-WIDE PROCEEDING).

Notwithstanding JAMS Streamlined Rule 8(b), you and Singit agree that any dispute as to the arbitrability of a Dispute brought by either you or Singit shall be resolved by a court of competent jurisdiction.

(B) No Class Arbitrations

THIS ARBITRATION AGREEMENT DOES NOT ALLOW CLASS ARBITRATIONS EVEN IF THE JAMS STREAMLINED RULES (OR OTHER PROCEDURES OR RULES OF JAMS) WOULD. RATHER, YOU AND Singit ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL BASIS. FURTHER, AND UNLESS YOU AND Singit EXPRESSLY AGREE OTHERWISE IN WRITING IN RESPECT OF A DISPUTE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S DISPUTE WITH ANY OTHER PARTY’S DISPUTE(S), AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.

(C) The Arbitrator’s Decision

The arbitrator will render an award in accordance with JAMS Streamlined Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. In the event any litigation should arise between you and Singit in any court of competent jurisdiction in a proceeding to vacate or enforce an arbitration award, YOU AND Singit HEREBY IRREVOCABLY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the proceeding be resolved by a judge. The arbitrator may award declaratory or injunctive relief only in favor of the plaintiff/claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Singit will not seek, and hereby waives all rights Singit may have under applicable law, to recover attorneys’ fees and expenses if Singit prevails in arbitration, unless you assert a frivolous claim.

The arbitrator’s decision and award is final and binding, with some exceptions under the FAA.

(D) Location and Fees

Unless you and Singit expressly agree otherwise in writing, the arbitration will take place in New York City, New York, USA.

If you initiate an arbitration for a Dispute, you will be required to pay $250 of the fee required to initiate the arbitration and Singit will pay any remaining JAMS Case Management Fees and all professional fees for the arbitrator’s services; you will remain responsible for your respective costs relating to counsel, experts, witnesses, and travel to the arbitration.

If Singit initiates an arbitration for a Dispute, Singit will pay all administrative fees and costs related to the arbitration, including all professional fees for the arbitrator’s services; you will remain responsible for your costs relating to counsel, experts, witnesses, and travel to the arbitration.

(E) Small Claims Court

Notwithstanding the foregoing, either party may bring an individual action in a small claims court for Disputes within the scope of such court’s jurisdiction. This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against Singit on your behalf.

(F) Opting Out of this Mandatory Arbitration. You can decline this agreement to arbitrate by contacting support@singit.io within thirty (30) days of the Effective Date and stating that you (include your first and last name, as well as your mailing address) decline this arbitration agreement. Furthermore, and notwithstanding the provisions regarding modification of the Agreement, if Singit changes this Dispute Resolution Section after the Effective Date (or the date you accepted any subsequent changes to this Agreement), you may reject any such change by providing Singit written notice of such rejection to support@singit.io within thirty (30) days of the date such change became effective, as per the terms of this Agreement. In order to be effective, the notice must include your full name and clearly indicate your intent to reject the change(s) to this Dispute Resolution Section. By rejecting such change(s), you are agreeing that you will arbitrate any Dispute between you and Singit in accordance with the provisions of this Dispute Resolution Section as of the Effective Date (or the date you accepted any subsequent changes to this Agreement), unless you declined this arbitration agreement in the manner described above.

(G) Limitation on Claims. Regardless of any law to the contrary, any claim or cause of action arising out of, or related to, this Agreement must be filed within one (1) year after such claim or cause of action arose, or else you agree that such claim or cause of action will be barred forever.

(H) Confidentiality of Disputes. All aspects of the arbitration proceeding, including but not limited to the decision and award of the arbitrator and compliance therewith, shall be strictly confidential.

The parties agree to maintain its confidentiality, unless (and in such cases, only the extent) otherwise required by applicable law. This paragraph shall not prevent a party from submitting to a court of competent jurisdiction any information necessary to enforce an arbitration award, or to seek equitable relief.

26. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, then: (a) the remaining provisions of this Agreement shall remain in full force and effect; and (b) such affected provision shall be ineffective solely as to such jurisdiction (and only to the extent and for the duration of such invalidity, illegality, or unenforceability), and shall be substituted (in respect of such jurisdiction) with a valid, legal, and enforceable provision that most closely approximates the original legal intent and economic impact of such provision.

27. Remedies. Except as may be expressly stated otherwise in this Agreement, no right or remedy conferred upon or reserved by any party under this Agreement is intended to be, or shall be deemed, exclusive of any other right or remedy under this Agreement, at law or in equity, but shall be cumulative of such other rights and remedies.

28. Waiver. No failure or delay on the part of any party in exercising any right or remedy under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. Any waiver granted hereunder must be in writing (for waivers by you, emails will be acceptable; for waivers by Singit, the writing must be duly signed by an authorized representative ofSingit), and shall be valid only in the specific instance in which given.

29. DISTRIBUTOR REQUIREMENTS AND USAGE RULES

29.1 Apple. If you download the App from the Apple, Inc. (“Apple”) App Store (or in any event if you download an Apple iOS App) then, without limiting the warranty disclaimers and limitations of liability as set forth in the Agreement:

29.2 You acknowledge and agree that:

29.3 this Agreement is concluded between Singit and you only, and not with Apple, and Singit and its licensors, and not Apple, are solely responsible for the App and the content thereof.

29.4 your use of the App is also subject to the Usage Rules established by Apple, including those set forth in the Apple App Store Terms of Service, effective as of the date that you enter into this Agreement.

29.5 the License granted herein is limited to a non-transferable right to use the App on an Apple iPhone, iPod Touch, iPad, or other Apple-branded product that you own or control and that runs the iOS;

29.6 Singit is solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement, or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;

29.7 Singit is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will, to the extent applicable, refund any purchase price paid (if any) by you for the App to you. To the maximum extent permitted by applicable law, Apple will have no other 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 Singit’s sole responsibility (unless otherwise disclaimed by Singit);

29.8 Singit, and not Apple, is responsible for addressing any product claims you, or any third party, may have relating to the App or your possession and/or use of the App (unless otherwise disclaimed by Singit), including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation;

29.9 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 shall not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim;

29.10 Apple, and its subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.

29.11 You represent and warrant that: (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

29.12 If you have any questions, complaints, or claims regarding the App, please contact Singit at: Email: support@singit.io.

29.13 By entering into this Agreement you, to the extent legally permitted, hereby waive any applicable law requiring that this Agreement be localized to meet your language and other local requirements. To the extent that the foregoing is not permitted, you agree to be bound by the standard Apple Licensed Application End User License Agreement which is part of the Apple App Store Terms of Service, at www.apple.com/legal/itunes/us/terms.html#SERVICE (as amended from time to time).

30. Entire Agreement. This Agreement represents the entire agreement between Singit and you with respect to the subject matter hereof, and supersedes and replaces any and all prior and contemporaneous oral and/or written agreements, understandings and statements between you and Singit with respect to such subject matter. You acknowledge and agree that in entering into this Agreement you have not relied on any statement or representation (whether negligently or innocently made) not expressly set out in this Agreement; for example, statements and explanations in any FAQs or other marketing material on the Platform (defined below) are for convenience only, and are not binding or a part of this Agreement.