Typhur Terms of Use and Sale

Last updated: May 14, 2024

These Terms of Use and Sale (“Terms”) constitute an agreement between you and Typhur. These Terms apply to all Typhur websites and subdomains (collectively, “Sites”) and applications (“Apps”) (together, the “Platform”).

Please read these Terms carefully before you start to use the Platform. By accessing, browsing, or otherwise using the Platform, you acknowledge that you have read, understand, and agree to be bound by these Terms. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE REFRAIN FROM USING THE PLATFORM.

Privacy

In addition to these Terms, Typhur has a Privacy Statement (available at https://www.typhur.com/privacy-statement) explaining how we collect, use, and disclose personal information about you. These Terms and the Privacy Statement constitute the entire agreement between you and Typhur in relation to the Platform (the “Agreement”).

Acceptance

Please read these Terms and the Typhur Privacy Statement carefully before using the Platform.

BY USING THE PLATFORM ON ANY COMPUTER, MOBILE PHONE, TABLET, CONSOLE OR OTHER DEVICE (COLLECTIVELY, “DEVICES”), YOU AGREE TO THESE TERMS, AND YOU CONSENT TO THE COLLECTION, USE, AND DISCLOSURE OF INFORMATION AS DESCRIBED IN THESE TERMS AND OUR PRIVACY STATEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND THE POLICIES IN OUR PRIVACY STATEMENT, PLEASE EXIT THE PLATFORM IMMEDIATELY AND DISCONTINUE ANY USE OF THE PLATFORM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT DOWNLOAD, USE, OR ACCESS THE APPS. YOUR USE OF THE PLATFORM SHALL BE DEEMED TO BE YOUR AGREEMENT TO THE TERMS SET FORTH BELOW.

We may revise these Terms, at our sole discretion, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Platform after any such update constitutes your binding acceptance of such changes, except where applicable law requires additional notice regarding such updates, in which case we will comply with such additional notice requirements.

Any reference to applicable laws, rules or regulations means a reference to the laws, rules or regulations that are enacted and in force in the territory, province and/ or country you are in while using the Platform.

Eligibility to Use the Platform

Age

The Platform is intended for use by persons who are legally of age to form binding contracts unless a parent or legal guardian agrees to these Terms on your behalf and grants you permission to use the Platform.

Entities

If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to do so.

Other

You cannot access or use the Platform if you are barred from doing so under applicable law or have previously been suspended or removed from the Platform.

Intellectual Property

“Content” includes all Sites, Apps, software, designs, text, art, audio, video, graphics, images, music, user interfaces, works of authorship of any kind, names, logos, trademarks, service marks, and information or other materials that are posted, generated, provided or otherwise made available through the Platform. The Platform and Content are protected by copyright, trademark, patent, trade secret and other laws of the United States and foreign jurisdictions. Except as expressly provided in these Terms, Typhur and its licensors exclusively own all right, title and interest in and to the Platform and Content, including all associated intellectual property rights.

Other than as necessary for use of the Platform in accordance with these Terms, Typhur grants you no other privileges or rights in the Content. Any Content owned by Typhur’s licensors may be subject to additional restrictions. Any unauthorized use of any Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Except as expressly provided in these Terms, no part of the Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, smart phone, tablet, or other medium for publication or distribution or for any commercial enterprise, without Typhur’s express written consent.

Use of the Platform

License

Typhur grants you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to access and use the Platform, subject to, and in accordance with, these Terms. The license to use the Platform is restricted to non-commercial purposes only. You may only use the Platform for commercial purposes with Typhur’s prior written consent. You may download and install the App from Typhur Sites, the Apple store, Google Play Store, or in any other manner as designated by Typhur. You are not permitted to access and download the Software from any unauthorized sources.

Account Registration

If you purchase or use Typhur products on the Platform, you may be prompted to establish an account (a “Typhur Account”), which is also subject to your agreement to these Terms and the Privacy Statement. Establishing a Typhur Account is subject to your discretion, but if you choose not to do so, there will be features in the Platform and/or Products that you will not be able to use. You are solely responsible for (i) maintaining the security and confidentiality of your Typhur Account and password; (ii) restricting access to your device and your account; and (iii) keeping your current email address listed on your account. You are solely responsible and liable for all activities, including, without limitation, all purchases and use of products and services through the Platform that occur under your Typhur Account.

You may permit your household members to use your Typhur Account if they agree to all the terms of these Terms and the Privacy Statement. If they are under the legal age to make a contract in your jurisdiction, you agree that you will first ensure that a parent or legal guardian of the person has agreed to these Terms and Conditions on their behalf prior to allowing their use of your Typhur Account. You agree that you will be fully responsible for the acts and/or omissions of your family members if they use your Typhur Account.

You agree to notify Typhur immediately of any unauthorized use of your password or account or any other breach of its security. We have the right to disable any Typhur Account or password at any time, for any reason. 

Account Security

You are responsible for taking appropriate steps to keep your Typhur Account username and password secure and confidential, and you should not share your Typhur Account login credentials with anyone outside your household. We recommend that you use a strong password, use a password unique to this account, keep the password in a safe place, and change the password periodically.

You are responsible for monitoring the use of the Platform by your household members and will be fully responsible for the acts and/or omissions of such persons.

Typhur is not liable for any damage arising from any careless or unauthorized use of your Typhur Account. You will bear any losses and liability incurred from providing access to your Typhur Account and other relevant information to a third party. You must not use anyone else's Typhur Account other than the Typhur Account of your household members to use or access the Platform.

Restrictions on Use of the Platform

You agree not to:

  • Use the Platform in any manner not permitted by applicable law.
  • Commercially exploit the Platform without Typhur’s prior written consent;
  • Permit anyone outside your household to access or use your Typhur Account;
  • Solicit or use login information or access to a Typhur Account belonging to someone outside your household;
  • Modify, distribute, transmit, display, perform, reproduce, publish, license, modify, diassemble, reverse engineer, create derivative works of, transfer, or sell any Content;
  • Distribute, license, sublicense, rent, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, or broadcast the Platform;
  • Use Typhur trademarks, logos, or other proprietary information (including the images found on the Platform, the Content, or the layout/design of any page or form) without Typhur’s express written consent;
  • Remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights or notices incorporated in or accompanying the Platform or Content;
  • Collect or use any product listings or descriptions outside the Platform; or
  • Use any meta tags or any other “hidden text” utilizing a Typhur name, trademark, or product name without Typhur’s express written consent.

When using the Platform, you may not:

  • Upload, download, store, duplicate, publish, transmit, or otherwise provide any content prohibited by applicable laws, regulations, or policies, or that could infringe the lawful rights of others;
  • Engage in any illegal financial transaction;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
  • Breach, attempt to breach, or otherwise bypass any security or authentication measures of the Platform, the servers on which Platform runs, or any server, computer, or database connected to Typhur or the Platform;
  • Transmit into or submit to the Platform any viruses, malware, malicious or destructive code, or any other routine, device, or other undisclosed feature that interferes with or otherwise harms or provides unauthorized access or causes unauthorized modifications to the Platform, including the systems or servers hosting the Platform;
  • Use any data scraping, robots, or similar data gathering and extraction methods on the Platform;
  • access or attempt to access any systems or servers on which the Platform is hosted or modify or alter the Platform in any way, other than for your use of the Platform as expressly permitted in these Terms;
  • attack the Platform via a denial or service attack or distributed denial or service attack; or
  • forge headers, create a false identity, or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via the Platform.

In its sole discretion, Typhur may determine whether you have breached these Terms, and Typhur may restrict, suspend, or terminate your access to or use of the Platform based on such determination. Any unauthorized use of the Platform may also violate applicable law, including but not limited to, copyright laws, trademark and trade dress laws, and computer abuse and communications laws.

Submissions

Certain features of our Platform may allow you and other users to post, upload, transmit, or submit certain materials, content, information or ideas (“Submissions”) to Typhur or other users of the Platform, including but not limited to your product reviews.

License to Typhur

Except for your user information required to be provided in connection with your Typhur Account, we do not ask for, nor do we wish to receive any confidential, secret, or proprietary information from you through the Platform or in any other way. By posting, uploading, transmitting, submitting or otherwise making available a Submission to us through the Platform, you:

  • Represent and warrant that the Submission is original to you, that you own or otherwise control all rights in the Submission or that you have the rights necessary to grant the license to the Submission, and that the Submission does not violate any rights, including the rights of privacy, of any party and does not otherwise violate the law.
  • Agree to pay for all royalties, fees, damages, and any other monies owing to any person by reason of any Submissions posted by you to or through the Platform, and indemnify Typhur for any such payments it may need to make.
  • Grant to Typhur and its affiliates a worldwide, non-exclusive, fully paid-up, royalty-free, unrestricted, perpetual, irrevocable, fully transferable, assignable and fully sublicensable right and license, to copy, reproduce, edit, modify, distribute, transmit, translate, display, perform, publish, sell, adapt, create derivative works from, and otherwise use the Submission, for any purpose that we may choose, in our sole discretion, and through any means or media, whether now existing or subsequently developed, and without any compensation to you or any third party (it being understood that the foregoing shall include the right to exploit any and all intellectual property or proprietary rights in the Submission including, without limitation, rights protected under applicable copyright, trademark, trade secret, patent and other laws throughout the world). IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED IN THIS PARAGRAPH, DO NOT SHARE, SUBMIT OR POST A SUBMISSION ON OR THROUGH THE PLATFORM OR OTHERWISE TO TYPHUR.
  • Agree that Typhur is free to use the content, information, ideas, suggestions, or other materials, in Submissions by you or members of your household for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.

Typhur’s Rights

With respect to Submissions, we maintain the right to:

  • Remove or refuse to display or otherwise distribute any Submission for any or no reason, in our sole discretion.
  • Take any action with respect to a Submission that we deem necessary or appropriate in our sole discretion, including if we believe that a Submission violates these Terms, infringes the intellectual property rights or any other other right of any person or entity, threatens the personal safety of any person, including users of the Platform or the public, is objectionable (in our sole opinion), or could create liability for Typhur.
  • Disclose your identity or other information about you to any third party who claims that material submitted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Cooperate fully with any law enforcement authorities, subpoenas, or court orders requesting or directing us to disclose the identity or other information of anyone submitting any materials on or through the Platform.

We do not undertake to review all materials before they are submitted on the Platform or distributed by other means, and we cannot ensure prompt removal of objectionable material after it has been submitted or distributed. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.

In accordance with the Digital Millennium Copyright Act and other applicable law, it is Typhur’s policy, in appropriate circumstances, to terminate the Typhur Account of a user who is deemed to infringe third-party intellectual property rights and/or to remove Submissions deemed to be infringing or objectionable.

Content Standards

The following content standards apply to any and all of Submissions provided on or in connection with the Platform.

Each Submission must in its entirety comply with all applicable federal, state, local, and international laws and regulations. You understand and acknowledge that you are responsible for your Submissions, including legality, reliability, accuracy, and appropriateness.

Submissions may not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, discriminatory, violent, hateful, inflammatory, or otherwise objectionable.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms or our Privacy Statement.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

This list of prohibitions provides examples and is not exhaustive. Typhur reserves the right in its sole discretion to (i) terminate your access to your Typhur Account; (ii) terminate your ability to post to the Platform; and (iii) refuse, delete, modify, edit, or remove any Submissions, with or without cause and with or without notice, for any reason or no reason. We may report to law enforcement authorities any actions that we believe or reasonably suspect to be illegal. At our discretion, Platform will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Platform.

Typhur takes no responsibility and assumes no liability for any Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. As a provider of interactive services, Typhur is only a forum and is not liable for any statements, representations, or Submissions provided by its users on the Platform.

These prohibitions do not require Typhur to monitor, police, or remove any Submissions or other information submitted by you or any other user.

DMCA Take-Down Procedures

This section describes Typhur’s take-down policies and procedures with respect to the Digital Millenium Copyright Act (“DMCA”). We will do our best to respond diligently to claims of copyright infringement when such claims are reported to us.

Notice of Alleged Infringement

If you believe that any materials on our Platform violate your own copyright, please send a notice of copyright infringement to our copyright agent identified below. Please provide the following information in your notice:

  • Identity of the copyrighted work that you claim has been infringed or a list of copyrighted works that you claim have been infringed.
  • Identification of the material or link you claim is infringing and think should be disabled, including the URL of the link shown on the Sites or the exact location where such material may be found.
  • The name of the complaining party (personal or company name), mailing address, telephone number, and email address.
  • A statement that you have a good faith belief that the use of the alleged copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notice is accurate, and under penalty of perjury, that you are the owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Typhur’s Designated Copyright Agent

Our designated copyright agent to receive DMCA notices is:

Kimberly A. Donovan

GCA Law Partners LLP

2570 W. El Camino Real, Suite 400

Mountain  View, CA  94040

kdonovan@gcalaw.com

jjohnson@gcalaw.com[KAD1] 

Terms of Sale

The terms in this section (“Terms of Sale”) describe the terms and conditions for the sale of Typhur products through the Platform (“Products”). By accessing, using, or purchasing through the Platform, you agree to be bound by these Terms of Sale.

Placing an Order

The agreement for the purchase of a Product on the Platform (an “Order”) is formed through the following steps: a) you place an Order to purchase a Product on the Platform, b) we send you an email confirming receipt of your Order and containing the details of your order, including an order number, c) we accept the Order, d) we dispatch the product to you and send email confirmation with shipping information.

To place an Order on the Platform, you will be required to submit your name, billing and shipping addresses, email address, phone number, and a valid Payment Method (defined below). By completing the Order, you accept these Terms of Sale and your obligation to pay the total cost, including shipping, taxes, and any handling charges as may be applicable.

Availability

All Orders of Typhur products are subject to availability. We will inform you by email as soon as possible if a product in your Order is not available. We make no representations or warranties that any Products displayed on our Platforms will be available at any time.

Product Details

Product colors, details such as logo placement or design, and packaging may vary slightly from Platform images. Platform images are for illustrative purposes only. We make every effort to display colors and logo placement as accurately as possible, but we cannot guarantee Product details.

Payment Methods

Acceptable payment methods (each, a “Payment Method”) will be shown on the Platform when you place an Order. Payment Methods may include Visa, MasterCard, and American Express.

Information concerning Order and Payment Methods will be processed in accordance with our Privacy Statement.

When you place an Order, you represent and warrant that you are the authorized account holder on the Payment Method and you acknowledge and agree that we have the right to charge your Payment Method for the total cost of the Products, and all taxes, shipping, and handling charges communicated to you at the time of your Order.

Third-Party Payment Platforms

In Typhur’s sole discretion, you may also be able to use online services such as PayPal, Shop, Amazon Pay, and Amazon.com (“Third-Party Payment Platforms”) as Payment Methods, or you may be permitted to purchase certain products through Third-Party Payment Platforms.

You understand and agree that Payment Platforms are not provided by Typhur, and that if you choose to complete any portion of your Order through a Third-Party Payment Platform, your purchase may be governed by the terms of service, privacy policies, refund policies, and other policies and agreements of such third parties.

TYPHUR DOES NOT PROVIDE ANY EXPRESS OR IMPLIED WARRANTY REGARDING ANY FUNCTION OR SERVICE PROVIDED BY ANY THIRD PARTY PAYMENT PLATFORM PROVIDER, AND TYPHUR DOES NOT ASSUME ANY LIABILITY RELATED TO OR ARISING FROM YOUR USE OF ANY THIRD-PARTY PAYMENT PLATFORM.

Shipping and Delivery

We endeavor to ensure the delivery of Orders by any estimated delivery date indicated in the shipping confirmation, but we cannot and do not guarantee any estimated delivery date. Delivery is completed when the Product is delivered to the shipping address submitted in your Order, at which time the Products become your responsibility. You own the Products once we have received payment in full, including any delivery charges. In Typhur’s sole discretion, SHIPPING FEES MAY BE NON-REFUNDABLE.

Rejection or Cancellation of an Order

Typhur reserves the right, at its sole discretion, to limit, reject, restrict, refuse, or cancel any Order, wholly or partially, at any time, and without notice or liability for any damages or costs other than the repayment of any amount received from such Order, at any time.

Returns and Refunds

If you are not fully satisfied with the Products purchased by you on the Platform, you may return a Product for a full refund within thirty (30) days of the date of your Order, subject to the following conditions:

  • Products must be returned in original, unmarked packaging, including any accessories, manuals and documentation that shipped with the appliance.
  • Refund payments will be processed through the Payment Method used, if possible, and may take several days to appear in your account.
  • Products that are not purchased directly from Typhur and returned to Typhur are not subject to this return policy.
  • Unauthorized or billing-upon-receipt returns will not be accepted.
  • Counterfeit Products are not eligible for a Typhur return and refund.
  • Typhur is not responsible for returned Products that are lost or damaged without following our return process.

Please follow the shipping instructions in our refund and return policy[KAD2] .

Refunds can also be requested before the pre-sale of a Product ends.

Limited Warranty

Our limited warranty covers all Product defects under normal use for the time specified in the warranty. Defective Products will be repaired or replaced free of charge at Typhur's discretion. If we replace a Product under warranty, color and Product details are not guaranteed and are subject to availability.

If you purchase a Typhur product from an unauthorized sales channel, you will not be eligible for a warranty or technical support. At present, our official channels for warranty coverage are limited to our Sites and our Amazon store.

Product warranties and guarantees do not cover defects caused by normal wear and tear, use of Product for other than its intended purpose as described in our product literature, abnormal storage conditions, improper use, accidental breakage, neglect, modifications, and repairs and services not done or authorized by Typhur.

Any liability of Typhur shall be limited to the repair or replacement of the Product. We reserve the right to update the terms of this warranty at any time without prior notice.

All warranty claims must be initiated promptly via our Sites or by email. Please allow up to 5 business days for us to process your warranty claim.

Standard Limited Warranty

All Typhur products purchased from an authorized sales channel and manufactured by Typhur come with a standard 1-year warranty. If your Product develops a manufacturing defect or performance issue within the first year of purchase, we will repair or replace it at no additional cost. Please be sure to retain proof of purchase to take advantage of this standard warranty.

Extended Limited Warranty

We offer optional extended warranty programs for Products that allow you to extend a Product’s warranty, in most cases to 3 years (the Typhur InstaProbe warranty can be extended to 10 years). Details and any fees for extended warranty plans are available on our warranty registration page or through customer support.

PLEASE NOTE: Extended warranties typically require registration within 30 days of placing the Order for a Product. Please review the extended warranty terms and conditions that come with your product to ensure you are eligible and register in a timely manner.

Product warranties and guarantees do not cover defects caused by normal wear and tear, abnormal storage conditions, improper use, accidental breakage, neglect, modifications, repairs and services not manufactured or authorized by Typhur, handling, operation, or storage, use, or defects contrary to that described in our product literature as its  intended use. Any liability of Typhur shall be limited to the replacement of defective material and Typhur shall have no liability for any resulting damages. We reserve the right to update the terms of this warranty at any time without prior notice.

All warranty claims must be initiated promptly via our Sites or email. Please allow up to 5 business days for us to process your claim.

Third-Party Services

The Platform may contain links to websites, widgets, services, or other resources owned, controlled, operated, or otherwise provisioned by third parties other than Typhur or its affiliates (“Third-Party Services”). Access to Third-Party Sites is provided solely as a convenience to you. Typhur does not control Third-Party Sites and is not responsible for the content, products, services, or information offered or collected by any such third parties. By using these Third-Party Services, you grant permission to Typhur to receive information about you from the Third-Party Services provider if deemed to be necessary by Typhur for your use of the Platform.

 

The inclusion of Third-Party Services on the Platform does not imply our endorsement of the content, products, services, or information offered, advertised, endorsed, or promoted by any third party or of any company or person. For the avoidance of doubt, Typhur does not provide any express or implied warranty regarding any function or service provided by any third party, and Typhur does not assume any liability related to or arising from the use of any Third-Party Services by you, including failure of any functions of a Third-Party Service. If you decide to access any third-party websites or acquire any third-party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.

Electronic Communications

You consent to receive electronic messaging (such as email, text messaging, etc.) or other wireless multimedia messaging services (“MMS”) or short message services (“SMS”) communications from Typhur so that we can perform our services or to inform you of news, events and other information relevant to us (“Mobile Services”). Messages and data rates may apply for any SMS, MMS, and other electronic communication. For example, you may be charged a fee by your wireless carrier to send and receive messages based on the terms of your wireless device service plan. We are not responsible for any wireless, e-mail, or text messaging charges incurred by you or by a person who has access to your wireless device, telephone number, or email address. Check with your wireless device service provider if you have questions about your service plan.

Phone numbers collected with SMS consent will not be sold, rented, or shared with third parties or affliates for marketing purposes under any circumstances.

To opt out of marketing emails or Mobile Services at any time. To opt out of Mobile Services, reply STOP to the message you receive or text the single keyword command STOP to +18889050816[KAD3] . To opt out of email communications, please click the unsubscribe link (where available) in any text message to cancel.

Privacy and Personal Data

Some functionality of the Platform may require the transmission and processing of personal information provided by you, such as your name and passwords, addresses, e-mail addresses, financial information, and location (“Personal Data”). If you choose to use such functionality, you consent to the collection by Typhur of your Personal Data and to the transmission of Personal Data to Typhur and its agents, contractors, and/or service providers. You authorize Typhur and its agents, contractors, and/or service providers to record, process and store your Personal Data as necessary for Platform functionality and for purposes described in our Privacy Statement (available at https://www.typhur.com/privacy-statement), which contains further information concerning how we collect, use and disclose Personal Data.

Warranty Disclaimers

EXCEPT AS OTHERWISE DETAILED IN THE TERMS OF SALE, THE PLATFORM, PRODUCTS, SERVICES, SUBMISSIONS, AND CONTENT, INCLUDING LINKS, PROVIDED VIA THE PLATFORM, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TYPHUR DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE PLATFORM, SUBMISSIONS, CONTENT, AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES, OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

IN ADDITION, TYPHUR DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM, SUBMISSIONS, CONTENT, OR ANY PRODUCTS, SERVICES, OR ANY OTHER INFORMATION ACCESSIBLE VIA THE PLATFORM IS SECURE, ACCURATE, COMPLETE, OR CURRENT OR THAT ANY PARTICULAR PRODUCTS OR INVENTORY WILL BE AVAILABLE. Typhur will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our Platform or to your downloading of any material posted on it, or on any website linked to it.

IN ADDITION, THE PLATFORM MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. TYPHUR RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES, OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES, OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, TYPHUR RESERVES THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY ORDER PLACED BASED ON INCORRECT PRICING OR AVAILABILITY INFORMATION.

You acknowledge that the Platform is connected with the Internet and that your use shall be wholly at your own risk. TYPHUR DOES NOT REPRESENT OR GUARANTEE THAT THE PLATFORM WILL BE FREE FROM LOSS, DISRUPTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION OR ADVERSE INCIDENT. GROUPE SEB USA DISCLAIMS ANY LIABILITY RELATING THERETO.

The laws and regulations of some countries, states or regions do not allow certain warranties, guarantees, or liabilities to be excluded or limited by a contract. If these laws apply to you, some or all the above exclusions or limitations may not be applicable. Nothing in these Terms exclude or limit the rights that you are legally entitled to as a consumer under applicable laws and regulations.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TYPHUR, ITS AFFLIATES, EMPLOYEES, DIRECTORS, OFFICERS, PARTNERS, AFFILIATES, PARENT COMPANY, DISTRIBUTORS, AGENTS OR CONTRIBUTORS (COLLECTIVELY THE “INDEMNIFIED PARTIES”) BE LIABLE FOR ANY LOSS OR INJURY, OR ANY DAMAGES, WHETHER DIRECT, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR OTHERWISE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, RESULTING FROM YOUR ACCESS TO OR USE OF THE PLATFORM OR ARISING FROM OR RELATING TO THESE TERMS. TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS AGAINST THE INDEMNIFIED PARTIES. You agree that the limitations set forth above are fundamental elements of these Terms, and that the Platform and its Content and Submissions would not be provided to you absent such limitations.

Notwithstanding the provisions of these Terms, if any or all of the Indemnified Parties are found to be liable to you for any damages or losses arising out of your use of, access to or inability to use the Platform, Content, Submissions, or any material provided or otherwise supplied by us or any third party, our liability shall in no event exceed US $100.00.

Please note that some jurisdictions do not allow the exclusion or limitations of liability or may place limitations on our ability to limit our liability to you, so the foregoing limitation may not apply to you, in which case the liability of the Indemnified Parties shall be limited to the fullest extent permitted by law.

Indemnification

You agree to defend, indemnify, and hold harmless Typhur and the Indemnified Parties against any losses, liabilities, claims, and expenses (including attorney’s fees) as a result of (i) your Submissions or your access to or use of the Platform; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative, and legislative authorities; (v) any misrepresentation made by you; and (vi) any action or violation by any person, apart from you, using your Typhur Account.

You agree to cooperate as fully as reasonably required in the defense of any such claim or action. The affected indemnified Parties will: (a) give you prompt written notice of any claim, action or demand for which indemnity is claimed; (b) give you sole control over the defense and settlement of the claim, provided that you will not settle any claim that involves the payment of money or acknowledgement of wrongdoing on the part of an Indemnified Party, without such Indemnified Party’s prior written approval such approval, not to be unreasonably withheld, conditioned or delayed; and (c) provide you with reasonable cooperation, at your expense, in connection with the defense and settlement of the claim. Typhur reserves the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Termination and Cancellation

Subject to applicable law, Typhur may suspend, restrict or terminate your access to any part(s) or all of the Platform at any time in our sole discretion. Additionally, we reserve the right, at any time in our sole discretion, to terminate your Typhur Account. We will attempt to notify you in advance, but Typhur is not obligated to do so.

You have the right to cancel your Typhur Account at any time. Typhur may, at its sole discretion and subject to applicable law and our Privacy Statement, delete any and all of the Personal Data, materials, files, Submissions, and stored content of any other kind under your Typhur Account, though it is not obligated to do so.

The following sections will continue to apply after you have stopped using or accessing the Platform: “Your Submissions,” “Terms of Sale,” “Warranty Disclaimers”; “Limitation of Liability”; “Indemnification”; “Governing Law”; “Dispute Resolution”; “Notice”; “Miscellaneous” and any other provisions of these Terms which expressly or by their nature are intended to survive termination.

Changes to These Terms

Typhur may need to update these Terms from time to time to accurately reflect our services and products, to promote a safe and secure experience on our Platform, products and services, and/or to comply with applicable law. Unless otherwise required by law, we will attempt to notify you before we make changes to these Terms and give you an opportunity to review them before they go into effect, though we shall not be obligated to do so. Once any updated Terms are in effect, you will be bound by them if you continue to use our Platform or hold a Typhur Account.

Governing Law

Unless applicable law requires the application of the law of a different jurisdiction, these Terms will be governed by and construed in accordance with the laws of the United States and the State of California without giving effect to any choice or conflict of law provision or rule that would cause laws of another jurisdiction to apply.

Dispute Resolution

General

To the maximum extent permitted by law, you and we agree that any dispute, controversy, or other claim (“Dispute”) arising out of or relating in any way to these Terms and prior versions of these Terms, any communications you receive from us, any products sold or distributed through the Platform, your account, your access to or use of the Platform (including for the purchase of products), and your Submissions will be resolved exclusively and finally by a single arbitrator using binding arbitration pursuant to the Consumer Arbitration Rules of the American Arbitration Association (“AAA”), as detailed in this Section (“Arbitration Agreement”). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Terms, as well as claims that may arise after the termination of these Terms. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. The arbitrator must follow these Terms and can award the same damages and relief as a court or jury.

Any Dispute must be initiated via arbitration within the applicable statute of limitation for that claim or controversy and you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as they would apply in a court of competent jurisdiction.

DISPUTE RESOLUTION WILL ONLY BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, REPRESENTATIVE, OR SIMILAR ACTION, EXCEPT AS PROVIDED BELOW.

If any part or parts of this Arbitration Agreement are found to be invalid or unenforceable, such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect.

The only exceptions to this Arbitration Agreement are: (i) you and Typhur may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; or (ii) you or Typhur may seek equitable relief in court for infringement or other misuse of intellectual property. For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Terms, as well as claims that may arise after the termination of these Terms.

Pre-Arbitration Dispute Resolution

If a Dispute arises, you agree to make a good faith, informal effort to resolve the Dispute with Typhur before initiating any proceeding. If you have a Dispute, please contact us with the following information: (i) your name; (ii) your address; (iii) a written description of the Dispute; and (iv) a description of the specific relief you seek. If we do not resolve the Dispute within forty-five (45) days after receiving this notification, then you may pursue the Dispute in arbitration. If we do not resolve the Dispute within forty-five (45) days after receiving your notification, then you may pursue the Dispute in arbitration, or, if you have opted out of arbitration as provided below, in court.

Waiver of Jury Trial

YOU HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You are instead agreeing that all Disputes be resolved by arbitration under this Arbitration Agreement, except as specified in this Section.

Waiver of Class and Other Non-Individualized Relief

YOU AGREE THAT, EXCEPT AS SPECIFIED IN THE BATCH ARBITRATION CLAUSE BELOW OR OTHERWISE PROHIBITED BY LAW, YOU MAY BRING CLAIMS AGAINST TYPHUR ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND YOU HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief on the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides that this waiver is invalid or unenforceable as to a particular claim or request for relief, you that that particular claim or request for relief shall be severed from the arbitration and may be litigated in the courts located in the State of California. This does not prevent you or Typhur from participating in a class-wide settlement.

Right to Opt Out

You have the right to opt out of this Arbitration Agreement within thirty (30) days from the date that you first consent to these Terms (the “Opt-Out Deadline”). To opt out of arbitration, simply contact us with the following information: (i) your name; (ii) your address; and (iii) a clear statement that you do not wish to resolve Disputes with us through arbitration. Any opt-out request received after the Opt-Out Deadline will not be valid and you will be required to pursue any Dispute in arbitration. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you.

Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out if you have previously agreed to a version of these Terms and did not validly opt out of arbitration.

Arbitration Procedures

If the Dispute is not resolved informally within forty-five (45) days, you or Typhur may initiate arbitration proceedings. The arbitration will be conducted by AAA before a single arbitrator, in accordance with the Consumer Arbitration Rules then in effect, except as modified by this Arbitration Agreement. The AAA rules are available at www.adr.org/rules. These Terms govern in the event of any conflict with the applicable arbitration rules.

The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (i) all Disputes arising out of or relating to the subsection entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of the subsection entitled “Waiver of Class and Other Non-Individualized Relief” is unenforceable, illegal, void, or voidable, or that such subsection entitled “Waiver of Class and Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (ii) except as expressly contemplated in the subsection entitled “Batch Arbitration,” all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (iii) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (iv) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in the subsection entitled “Batch Arbitration.”

If you wish to initiate arbitration, you must send Typhur a request for arbitration (“Request”). The Request must include: (i) the name, telephone number, mailing address, and email address of the party seeking arbitration; (ii) the account username (if applicable) and email address associated with any applicable account; (iii) a statement of the legal claims being asserted and the factual bases of those claims; (iv) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy; (v) a statement certifying completion of the Pre-Arbitration Claim Resolution process as described above; and (v) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.

The arbitration will be conducted in English, closed to the public, and confidential. Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. You and Typhur agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors subject to the condition that they agree to keep all such materials and documents confidential. All related records shall be kept confidential, except as necessary to obtain court confirmation of an arbitration award.

The Terms evidence a transaction which may involve interstate commerce; notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings.

Nothing herein will preclude you or Typhur from seeking provisional remedies in support of arbitration (such as orders to stay a court action or compel arbitration), temporary restraining orders or similar relief, or redress for potential violations of intellectual property rights, from any court of competent jurisdiction.

Attorney’s Fees and Costs

The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Your responsibility to pay any AAA fees and costs will be solely as set forth in the applicable AAA Rules. If you or we need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys' fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to the satisfaction of any condition precedent to arbitration is entitled to recover their reasonable attorneys’ fees and costs.

Arbitration Award

The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law. The arbitrator will make any award in writing, but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Arbitration Location

Unless you and Typhur otherwise agree, the arbitration will be conducted in the County of Santa Clara, California. You agree to jurisdiction and venue in Santa Clara County, California. If you reside outside the United States, the arbitration will be conducted remotely (via Zoom, Teams, etc.) so that you or your representative may participate in the country where you reside. The arbitration shall be conducted in English. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum.

Severability

If any part or parts of these Terms shall be deemed invalid, void, or for any reason unenforceable, the part or parts shall be deemed severable and shall not affect the validity and enforceability of any remaining parts of these Terms.

Miscellaneous

Entire Agreement. These Terms and the Privacy Statement set out the entire understanding and agreement between you and Typhur.

No Partnership. Nothing in these Terms shall constitute a partnership between you and Typhur, or will these Terms make either you or Typhur the agent of the other party for any purpose.

Assignment. Typhur has the right to transfer, assign, subcontract, or replace Typhur’s rights and obligations under these Terms without diminishing your rights and interests.

Headings. In these Terms, unless the context requires otherwise, headings do not affect its interpretation.

Contacting Us

If you have any questions regarding these Terms or the Agreement, or wish to provide Typhur with notice or a Request, please contact us using the following information:

Email address: privacy@typhur.com

Mailing address:

Typhur Inc.

2890 Zanker Road #120

San Jose, CA 9513