Terms of Service

1. Agreement to Terms

The AllTime websites, mobile applications, and related services (collectively, the "Services") are made available to you by AllTime Time Labs ("AllTime," "Company," "we," "our," or "us") subject to these Terms of Service (the "Terms"), which includes our Acceptable Use Policy and Privacy Policy. More information about the Services may be found at https://usealltimeapp.com.

You agree to comply with these Terms and any supplemental terms which AllTime makes available to you on the Services, which shall form part of the Terms. AllTime reserves the right to review accounts and user actions on the Services to ensure compliance with our Terms.

BY ACCESSING, USING OR UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE SERVICES, OR BY INDICATING YOUR ASSENT TO THESE TERMS BY CREATING AN ACCOUNT, CLICKING "SIGN UP," "I AGREE," OR ANY SIMILAR MECHANISM, YOU ARE AGREEING TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

This agreement was written in English. To the extent a translated version of the Terms conflicts with the English version, the English version controls.

If you access or use the Services on behalf of a company or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms and that it is fully binding on them. In such case, the term "you" will refer to such entity and its affiliates. If you do not have authority, you may not access or use the Services.

These Terms contain disclaimers of warranties and limitations on liability that may be applicable to you.

NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND NICKEL ARE RESOLVED, INCLUDING AN AGREEMENT TO ARBITRATE, WHICH WILL—UNLESS YOU RESIDE IN THE EU OR JURISDICTIONS WHERE PROHIBITED—WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION AND LIMIT YOU TO CLAIMS AGAINST NICKEL ON AN INDIVIDUAL BASIS, UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE INSTRUCTIONS BELOW.

2. Registration and Accounts

2.1 Eligibility

The Services are intended solely for persons who are at least 13 years old or such higher age as required in your country to use the Services. If you are under the legal age to form a legally binding contract in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

If you are a parent or legal guardian of a AllTime user under the legal age to form a binding contract in your jurisdiction, you agree to be fully responsible for the acts or omissions of such user, including any breach of these Terms. Notwithstanding, AllTime reserves the right to refuse access to the Services by users under certain ages, in our sole discretion.

2.2 Account Registration

To use the Services, you must register. In doing so, you agree to: (a) provide true, accurate, current and complete information about yourself ("User Data") and (b) maintain and promptly update the User Data. You agree that AllTime may use your User Data to provide Services that you access or use and as otherwise set forth in these Terms and our Privacy Policy.

You also agree to create only one account for your own personal use and not share your account or AllTime subscription with others. You agree that all activities associated with your account on the Services reflect authentic activities undertaken by you.

If you provide any User Data that is inaccurate or not current, you have created multiple accounts, or AllTime has reasonable grounds to suspect that such User Data is inaccurate or not current, AllTime has the right to suspend or terminate your account and refuse current or future use of the Services.

In consideration of your use of the Services, you represent that you are not a person barred from receiving services under the laws of any applicable jurisdiction.

2.3 Account Security

You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password, your computer and mobile device while logged into the Services. You accept responsibility for all activities that occur under your account or from your computer and mobile devices.

You agree to immediately notify AllTime of any unauthorized use of your account or password, or any other breach of security, and confirm that you understand all risks of unauthorized access to User Data and any other information or content you provide to AllTime. The use of unique and complex passwords is highly recommended for security reasons.

2.4 Third-Party Sign-In

You may register for or log-in to your account via a third-party network, such as Apple, Google, or Facebook. If you do so, you will authorize AllTime to pre-populate the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account, based on those companies' privacy policies. If you connect your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third party.

By virtue of certain of the Services connecting to third-party APIs (such as Apple HealthKit, Google Fit, or calendar services), you hereby agree to be bound by those providers' terms of service and privacy policies in connection with your use of such Services.

3. Payments and Subscriptions

3.1 Payment Methods

To pay any fee, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service, a third-party platform like Apple App Store or Google Play, or any other payment method made available by AllTime) (the "Payment Method"). If you provide your payment information, you authorize us and certain third-party service providers, payment card networks and payment processors to receive, store, and encrypt your payment information.

You may switch to a different Payment Method or update your information by visiting your account settings. If you paid through the Google Play or Apple App Store, you may change your Payment Method through the corresponding store account. No refunds or credits will be provided by AllTime, other than as set forth in these Terms.

If your payment provider determines that there are fraudulent charges on your account resulting from use of your Payment Method at the Services, please contact us immediately via our support channels.

3.2 Subscription Fees

In order to access certain functionality of the Services, you may be required to pay subscription fees. Subscription fees, along with any required taxes, are payable in advance. Changes in rates will take effect at the beginning of the next billing date.

You agree to pay the subscription fees, and other charges you incur in connection with your AllTime account, whether on a one-time or subscription basis. AllTime reserves the right to increase subscription fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice.

3.3 Auto-Renewal

Subscription fees will be billed automatically at the start of the monthly or annual period, as applicable. These fees will auto-renew until your subscription is downgraded or terminated. Your subscription fee will be the same as your initial charges unless you are otherwise notified in advance. You may cancel your subscription at any time, as described below.

3.4 Cooling-Off Period

If you reside outside the United States, you may be entitled to change your mind and receive a full refund within fourteen (14) days (the "Cooling-off Period"), provided that you have not logged in or otherwise redeemed or started to use the Services as a subscriber during the Cooling-off Period.

3.5 Cancellation

If you signed up on our website, you may cancel your subscription by visiting your account settings page and selecting "Cancel Subscription." If you signed up through the Google Play or Apple App Store, you may cancel your subscription through the corresponding store.

The cancellation of a subscription will go into effect at the end of your current billing cycle. When your subscription ends, your account will remain and become a free subscription. You can renew your subscription at any time without opening a new account, although the subscription fees may have increased. You can delete your account at any time.

3.6 Free Trials

Your subscription may start with a free trial. The free trial period for any subscription will last for the period of time specified when you signed up. Free trials may not be combined with certain other offers, unless otherwise specified.

If you begin your subscription with a free trial, we will begin billing your Payment Method for subscription fees at the end of the free trial period of your subscription unless you cancel your subscription prior to the end of the free trial period. Your Payment Method will be authorized for up to approximately one month of service as soon as you register for a free trial.

In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the Payment Method if you cancel prior to the end of your free trial period. You may cancel your subscription at any time by going to your account settings.

4. Your Content

4.1 Content Ownership

You own, or otherwise have the right to grant the rights and licenses set forth in these Terms, the information, data, text, software, sound, photographs, graphics, video, messages, posts, tags, or other materials you make available in connection with the Services ("Content"), whether publicly posted, privately transmitted, or submitted through a third-party integration.

4.2 License Grant

You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display any Content and any name, username or likeness that you post on or in connection with the Services in all media formats and channels now known or later developed without compensation to you. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones.

This license ends when you delete your Content or your account, unless your Content has been shared with others and they have not deleted it, or unless retention is necessary for legal compliance or legitimate business purposes.

4.3 Content Responsibility

You agree that AllTime is not responsible for, and does not endorse, Content posted on the Services. If your Content violates these Terms or is otherwise illegal or contrary to applicable law, you may bear legal responsibility for that Content.

As between you and AllTime, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with AllTime is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place AllTime in a position that is any different from the position held by members of the general public, including with regard to your Content.

Your Content will not be subject to any obligation of confidence on the part of AllTime other than as set forth in our Privacy Policy and your privacy controls, and AllTime will not be liable for any use or disclosure of any Content you provide.

4.4 Content Privacy

The Services may provide you with the ability to mark certain Content that you submit to the Services as private, public, or available only to select users of the Services. AllTime will maintain the privacy of such Content in accordance with your elections.

However, if you do not elect to mark your Content as private or available for a limited group of users, or later change such designation to allow such Content to be made available to anyone, you are responsible for the public nature of the content. Please review our Privacy Policy for more information on how to manage your privacy controls.

4.5 Representations and Warranties

You represent and warrant that:

• (i) You are authorized to create your account, whether individually or on behalf of an organization;
• (ii) You own the Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms;
• (iii) The posting and use of your Content on or through the Services does not and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy and data protection rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and
• (iv) You agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Services.

5. Acceptable Use Policy

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

5.1 Prohibited Content

• To post, upload, or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
• To post Content that exploits, harms, or attempts to exploit or harm minors in any way;
• To post Content that promotes violence, self-harm, suicide, or eating disorders;
• To post sexually explicit or exploitative content;
• To impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• To post Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
• To post Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;

5.2 Prohibited Activities

• To interfere with or disrupt the Services or servers or networks connected to the Services;
• To attempt to gain unauthorized access to any portion of the Services, other accounts, computer systems, or networks connected to the Services;
• To use any automated system, including "robots," "spiders," "offline readers," to access the Services in a manner that sends more requests to AllTime than a human can reasonably produce in the same period of time;
• To harvest or collect email addresses or other contact information of other users from the Services;
• To use the Services for any commercial purposes without our prior written consent;
• To create multiple accounts to deceive other users, moderators, or admins, or to circumvent any restrictions;
• To use the Services to distribute unsolicited promotional or commercial content, or unwanted or mass solicitations;
• To violate any applicable local, state, national, or international law or regulation.

5.3 Enforcement

You understand that you, and not AllTime, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. AllTime may, in accordance with applicable law, screen, monitor, hide, restrict, refuse or remove any Content that violates the Terms or is otherwise objectionable. Please note, this does not guarantee the accuracy, integrity or quality of such Content.

You understand that by using the Services, you may be exposed to Content that is offensive, indecent, objectionable or illegal. You agree to bear all risks associated with the use of any Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such Content.

If you believe Content posted to the Services violates our standards or these Terms, please report it to us. We may take actions including, but not limited to, warning you, removing content, suspending your account, or permanently terminating your account.

6. Health and Wellness Disclaimer

6.1 No Medical Advice

YOU EXPRESSLY AGREE THAT NICKEL IS NOT PROVIDING MEDICAL ADVICE VIA THE SERVICES. THE CONTENT PROVIDED THROUGH THE SERVICES, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER ACCOUNT HOLDERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF:

• (a) The advice of your physician or other medical professionals;
• (b) A visit, call or consultation with your physician or other medical professionals; or
• (c) Information contained on or in any product packaging or label.

SHOULD YOU HAVE ANY HEALTH RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN, OR 911 (IF YOU ARE IN THE US OR CANADA), IMMEDIATELY.

YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THE SERVICES, AND YOU SHOULD NOT USE THE SERVICES OR ANY CONTENT ON THE SERVICES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM.

THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND NICKEL.

6.2 Physical Activity Risks

YOU EXPRESSLY AGREE THAT YOUR WELLNESS AND FITNESS ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, EXERCISE, FOLLOWING WORKOUT PLANS, DIETARY CHANGES, OR FOLLOWING HABIT RECOMMENDATIONS OFFERED ON THE SERVICES) CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF NICKEL OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS.

6.3 Health Data

The Services may allow you to track health-related information such as workouts, nutrition, sleep, menstrual cycles, and other wellness metrics. This information is for your personal use and reference only. It is not a substitute for professional medical advice, diagnosis, or treatment.

If you have concerns about your health, you should consult with a qualified healthcare provider. Do not rely solely on the Services for health-related decisions.

7. Third-Party Services and Integrations

7.1 Third-Party Products and Services

Third party products and services made available on the Services are made and offered directly by the applicable third party. When you pursue or purchase any such product or service, you acknowledge that you are contracting directly with such third party and not with AllTime.

Your interaction with, or participation in promotions of, third parties found on or through the Services, including payment and delivery of goods or services, and any other terms, are solely between you and such third party. You are not obligated to use or transact business with any third party that appears on the Services.

YOU AGREE THAT NICKEL SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES.

7.2 Health and Fitness Integrations

The Services may integrate with third-party health and fitness platforms, including but not limited to Apple HealthKit, Google Fit, Garmin Connect, Fitbit, and other wearable device platforms. When you connect these services:

• You authorize AllTime to access and import data from these platforms as specified in your settings;
• You agree to comply with the terms of service and privacy policies of those platforms;
• You understand that AllTime is not responsible for the accuracy, availability, or security of data from these third-party platforms;
• You can disconnect these integrations at any time through your account settings.

7.3 Calendar Integrations

The Services may integrate with third-party calendar services, including but not limited to Apple Calendar, Google Calendar, and Microsoft Outlook. When you connect these services, you authorize AllTime to read and write calendar data as specified in your settings.

7.4 Third-Party Links

AllTime or third parties may provide links to other internet sites or resources through the Services. AllTime does not endorse and is not responsible or liable for any content, information, advertising, products or other materials on or available from such sites or resources. You acknowledge and agree that AllTime is not responsible for the availability of such external sites or resources.

8. Artificial Intelligence Features

8.1 AI-Powered Services

The Services include artificial intelligence and machine learning features that provide personalized recommendations, insights, and automation. These features may include:

• Smart scheduling suggestions based on your calendar patterns;
• Habit optimization recommendations based on your completion data;
• Health and wellness insights derived from your tracked data;
• Natural language processing for event and task creation;
• Predictive analytics for goal achievement.

8.2 AI Limitations

You acknowledge and agree that:

• AI recommendations are generated algorithmically and may not always be accurate or appropriate for your situation;
• AI features are not a substitute for professional advice, including medical, legal, financial, or other professional advice;
• You are solely responsible for decisions you make based on AI recommendations;
• AI features may be modified, improved, or discontinued at any time.

8.3 Beta Features

AllTime may make certain features available to you as part of a beta release, early access program, or similar opportunity to test or use product functionality ("Beta Features"). Beta Features may not be supported and may require you to update your version of the Services.

Use of Beta Features is at your own risk and you understand that they may contain errors, design flaws or other problems. Beta Features may be changed or deprecated, and we may remove access at any time without notice.

9. Proprietary Rights

9.1 Our Intellectual Property

You acknowledge and agree that the Services, any necessary software used in connection with the Services (if any), any aggregated data based on Content on the Services, and any Content available or made available on the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws.

Except as expressly permitted by applicable law or authorized by AllTime or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, the software or Content available on the Services (other than Content that you may submit), in whole or in part.

9.2 Limited License

AllTime grants you a limited, personal, revocable, non-transferable, non-sublicensable and non-exclusive right and license to access and use the Services; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services, except where permitted by law.

You agree not to access the Services by any means other than through the interfaces that are provided by AllTime.

9.3 Trademarks

The term NICKEL, the AllTime logo, the look and feel of the Services, and all other AllTime logos and product and service names are the exclusive trademarks of, and are owned by, AllTime Time Labs, and you may not use or display such trademarks in any manner without AllTime's prior written permission.

Any third-party trademarks, service marks, product names, company names, or logos displayed on the Services are the property of their respective owners. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by AllTime.

AllTime reserves all rights not expressly granted hereunder.

9.4 Copyright Infringement Claims

The Digital Millennium Copyright Act ("DMCA") provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by AllTime infringe your copyright or trademark rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.

The notice must include: (a) a physical or electronic signature of a person authorized to act on behalf of the owner; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing and information reasonably sufficient to allow AllTime to locate the material; (d) your contact information; (e) a statement that you have a good-faith belief that use of the material is not authorized; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner.

Notices should be sent to: legal@usealltimeapp.com

10. Disclaimers of Warranties

THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU "AS IS" AND WITHOUT WARRANTY. NICKEL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

NICKEL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT:

• (a) THE SERVICE WILL MEET YOUR REQUIREMENTS;
• (b) YOUR CONTENT WILL BE AVAILABLE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
• (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE;
• (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND
• (e) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS OF LIABILITY ABOVE, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

IF YOU ARE A CONSUMER RESIDING IN THE EUROPEAN UNION, YOU HAVE LEGAL REMEDIES IF WE CAUSE YOU LOSS BY OUR BREACH OR NON-PERFORMANCE OF OUR LEGAL OBLIGATIONS, OR BY OUR NEGLIGENCE, AND THESE TERMS DO NOT AFFECT THOSE STATUTORY REMEDIES.

11. Limitation of Liability

YOU EXPRESSLY AGREE TO RELEASE NICKEL, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE "RELEASED PARTIES") FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR WELLNESS AND FITNESS ACTIVITIES AND/OR USE OF THE NICKEL WEBSITES, MOBILE APPLICATIONS, CONTENT, SERVICES OR PRODUCTS, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE.

YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH:

• (a) YOUR USE OR MISUSE OF THE SERVICES;
• (b) YOUR USE OR MISUSE OF EQUIPMENT OR PROGRAMS CREATED OR LICENSED BY NICKEL WHILE ENGAGED IN WELLNESS OR FITNESS ACTIVITIES;
• (c) YOUR DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES;
• (d) ANY DELAY OR INABILITY TO USE THE SERVICES EXPERIENCED BY YOU; OR
• (e) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICES,

WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF NICKEL HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

NICKEL DOES NOT ENDORSE YOUR CONTENT OR ANY OTHER USER'S CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT ON THE SERVICES.

THE COMPANY'S MAXIMUM AGGREGATE LIABILITY TO YOU PURSUANT TO THESE TERMS SHALL NOT EXCEED THE GREATER OF EITHER (a) FIFTY DOLLARS ($50) OR (b) THE AMOUNT OF FEES PAID BY YOU TO NICKEL IN THE 12-MONTHS PRIOR TO THE DATE THE CLAIM AROSE.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) ("FAA") governs the interpretation and enforcement of the Arbitration Agreement below and preempts all state laws to the fullest extent permitted by law.

12.2 Agreement to Arbitrate

YOU AND NICKEL AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, OR TO THE USE OF THE SERVICES (COLLECTIVELY, "DISPUTES") WILL BE SETTLED BY BINDING ARBITRATION, EXCEPT THAT EACH PARTY RETAINS 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 COPYRIGHTS, TRADEMARKS, TRADE SECRETS, PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS.

YOU ACKNOWLEDGE AND AGREE THAT YOU AND NICKEL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND NICKEL OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING.

12.3 Exceptions

If you are a resident of the European Union or a jurisdiction where the arbitration provisions above are prohibited by law, the arbitration agreement does not apply to you, and any disputes will be resolved in the courts of your jurisdiction.

13. Changes to Terms

AllTime reserves the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means.

Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms.

14. Termination

AllTime may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by following the instructions on the Services. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices or additional terms published by AllTime on the Services, shall constitute the entire agreement between you and AllTime concerning the Services.

15.2 Severability

If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

15.3 No Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and AllTime's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

15.4 Contact Information

If you have any questions about these Terms, please contact us at:

AllTime Time Labs
Email: legal@usealltimeapp.com
Website: https://usealltimeapp.com