These terms of service (these “Terms”) set forth the agreement between you (“you” or “your”) and Tanda Technologies, Inc. and its affiliates (“Tanda,” “our,” or “we”) regarding your use of Tanda’s website and mobile application (collectively, the “Tanda App”) and our services and products available through the Tanda App (together with the Tanda App, the “Services”).

By using the Services, you agree to comply with these Terms and that these Terms are effective as of the date you first access the Services and govern your use of the Tanda App unless changed or amended at the sole discretion of Tanda.

Tanda is not a financial institution and is not the provider of any of the banking products or services that may be available to you via the Tanda App or any other service or product, as set forth below. The Services include (a) a technology platform available through the Tanda App and (b) access to financial products and services provided directly to you by the financial services providers we work with (“Providers”). Products and services provided by the Providers may be subject to additional terms and conditions, as set forth below.

PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION AGREEMENT IN SECTION 15 OF THESE TERMS, WHICH REQUIRES THAT ALL DISPUTES RELATED TO THESE TERMS AND THE SERVICES, BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT A CLASS-WIDE OR CONSOLIDATED BASIS.

We reserve the right to change these Terms at any time in our sole discretion by providing notice that these Terms have been changed. We may provide notice by sending an email, posting a notice via the Services, posting the revised Terms on the Tanda App and revising the date at the top of these Terms, or another form of notice. Any changes or modifications will be effective immediately and your continued use of the Services following the notice will constitute your acceptance of the changes.

1. Privacy

For information about how we collect, use, share or otherwise process information about you, please see our Privacy Policy at [https://www.tanda.io/privacy] (“Privacy Policy”). By using any Services, you also agree to the terms and conditions of our Privacy Policy.

2. Services

Tanda provides the following Services through the Tanda App. Additional terms and conditions may apply to each Service:

1. Goals. Through the Tanda App, eligible users can join a savings goal (“Goal”) with other users. By joining a Goal, you [commit to making voluntary contributions to the Goal in the amounts and frequency specified in the terms and conditions applicable to the Goal, including terms and conditions required by Providers (the “Goal Terms”)]. Eligible users within a Goal will receive a payout in accordance with the Goal Terms.

   When you enroll in a Goal, we may establish a proprietary “Score” for you, which is a proprietary score we develop based on your transactions and experiences with us. You expressly authorize and direct us to make your Score available to other users of the Goal.

2. Messaging. Through the Tanda App, eligible users who have joined a Group can send and receive in-app messages with other users within that Group. Users agree not to use this messaging service to harass others, engage in illegal activities, or violate standards of civility. All usage may also be subject to the code of conduct of the organization sponsoring your use of Tanda, as applicable.

3. Posting. Through the Tanda App, users can make posts that are visible to other users of the Tanda App.

3. Eligibility to Use the Tanda App

You must be at least 18 years old and be a U.S. citizen or lawful permanent resident of the United States (“Eligibility Requirements”) to use the Services. By agreeing to these Terms, you represent and warrant to us that: (a) you meet the Eligibility Requirements; (b) that you have not previously been suspended, removed or deactivated from the Tanda App; (c) that you are a legal resident of the United States; and (d) that your registration and use of the Tanda App is in compliance with any and all applicable laws and regulations.

You are responsible for safeguarding the passwords you use to access the Services and agree to be fully responsible for activities or transactions that relate to your Tanda account or password. You must notify Tanda immediately if you learn of an unauthorized use of your Tanda account or password.

In connection with your use of the Services, you are required to (i) cooperate in an investigation concerning activity that potentially violates the law or these Terms, (ii) provide confirmation of your identity, and/or (iii) provide confirmation of any information you provide us. If you decline to provide us with the information that we request or if we cannot verify your identity to our satisfaction (in our sole judgment and discretion) for any reason, we reserve the right to suspend or terminate your access to the Services.

4. Fees

We do not charge fees directly to users for the general use of the Tanda App. The standard fee for using the Services may be covered by your employer, a third-party service, or other entities. As an employee or end-user, you will not be responsible for covering this general fee. The entity responsible for handling these charges will be communicated to you, and they will manage all associated costs related to the general use of the Services on your behalf.

However, certain additional fees may apply to you directly for specific actions related to your use of the Services. These may include fees for actions such as early withdrawals, instant withdrawals, Non-Sufficient Funds (NSF) fees, or other fees associated with your participation in Goals. Any such fees will be outlined in the Goal Terms provided to you before you join a Goal.

We reserve the right to modify the fee structure, including introducing new charges, at any time with reasonable notice. Any changes to fees will be communicated to the responsible entity (e.g., your employer or third-party service) for general service fees, or to you directly if related to your specific use of the Services.

5. Payment Provider

Tanda DOES NOT HOLD YOUR FUNDS OR PROCESS PAYMENTS. We are not a bank, payment institution, money transmitter, or money service business. In order to use the payment functionality of the Services, you must open a “Dwolla Platform” account provided by Dwolla, Inc. (“Dwolla”) and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in or transferred through the Dwolla account are held or transferred by Dwolla’s financial institution partners as described in the Dwolla Terms of Service. You authorize us to collect and share with Dwolla your personal information including full name, date of birth, social security number, physical address, email address and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla account through the Tanda App, and Dwolla account notifications will be sent by Tanda, not Dwolla. We will provide customer support for your Dwolla account activity and can be reached at [www.tanda.io], [support@tanda.io] and/or [1-408-438-5509].

[You may withdraw your consent for us to use and share your information with Dwolla at any time by contacting us at [support@tanda.io] or [1-408-438-5509]. Upon such withdrawal of consent, you will no longer be able to access or use the Tanda App or the Services. You may request a refund by contacting us at [support@tanda.io] or [1-408-438-5509].]

6. Financial Institution Data

Tanda uses Plaid Inc. (“Plaid”) to gather your data from financial institutions. By using the Services, you grant Tanda and Plaid the right, power, and authority to act on your behalf to access and transmit your personal and financial information from your relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed by Plaid in accordance with the Plaid end user privacy policy.

7. Restrictions

Except as expressly authorized by these Terms, you may not:

1. modify, disclose, alter, translate, or create derivative works of the Services (or any components thereof);

2. license, sublicense, resell, distribute, lease, rent, lend, transfer, assign, or otherwise dispose of the Services (or any components thereof);

3. use the Services to store or transmit any viruses, software routines, or other code designed to permit unauthorized access, to disable, erase, or otherwise harm software, hardware, or data, or to perform any other harmful actions;

4. copy, frame, or mirror any part or content of the Services;

5. build a competitive product or service, or copy any features or functions of the Services;

6. interfere with or disrupt the integrity or performance of the Services;

7. attempt to gain unauthorized access to the Services or their related systems or networks;

8. disclose to any third party any performance information or analysis relating to the Services;

9. circumvent or attempt to circumvent any technological protection measures intended to restrict access to or use of any portion of the Services or the functionality of the Services;

10. take any action that imposes an unreasonable or disproportionately large load on the Services;

11. use the Services for any purpose that is illegal in any way or that advocates illegal activity; or

12. cause or permit any unauthorized individual to do any of the foregoing.

8. Ownership of IP / Feedback / Aggregate Data

We own and retain all rights, title, and interest in and to the Services along with all patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how, and any other intellectual property and/or proprietary rights (“Intellectual Property Rights”) related to the Services. Your use of the Services under these Terms does not give you additional rights in the Services or ownership of any Intellectual Property Rights associated with the Services.

Any suggestions, comments, or other feedback provided by you with respect to Tanda or the Services (collectively, “Feedback”) will constitute confidential information of Tanda. Further, Tanda will be free to use, disclose, reproduce, license, and otherwise distribute and exploit the Feedback provided to it as it sees fit, entirely without obligation or restriction of any kind on account of Intellectual Property Rights or otherwise. You hereby assign to Tanda all right, title and interest you may have in and to the Feedback (including all Intellectual Property Rights embodied in the Feedback). You acknowledge and agree that Tanda may monitor, collect, use, and store anonymous and aggregate statistics regarding use of the Services and/or any individuals/entities that interact with the Services (collectively, “Tanda Analytic Data”). Notwithstanding any terms to the contrary in these Terms, as between the parties and subject to the grants expressly set forth in these Terms, Tanda owns all right, title, and interest in and to the Services, and the Tanda Analytic Data, together with any and all Intellectual Property Rights embodied in or related to the foregoing.

9. User Content

The Tanda App may allow you (and other users) to submit, post, display, provide, or otherwise make available (“Share”) content to other users of the Tanda App (collectively, “User Materials”).

As between you and Tanda, all User Materials you create remains yours, subject to the rights granted in these Terms. However, by using the Tanda App in a business environment where your employer, a third-party service, or another paying entity covers the cost of the service, you acknowledge that the paying entity may have certain rights to access, manage, or otherwise control User Materials created in connection with the Services. This may include compliance with company policies, data retention obligations, or legal requirements, depending on the agreement between you and the paying entity.

You acknowledge that by Sharing User Materials in connection with the Tanda App, you agree to allow other users of the Tanda App to view, share, and otherwise interact with your User Materials. We are not responsible for, and have no control over, any use or misuse of (including any distribution by) any third party of your User Materials.

Without limiting any of our other rights under these Terms, you hereby grant to us (and any third-party hosting providers acting on our behalf) a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully sublicensable (through multiple tiers) license, without payment of additional consideration to you or any third party, to use, analyze, collect, copy, reproduce, distribute, perform and display (publicly or otherwise), adapt, modify, create derivative works of or otherwise exploit (collectively, “Use”) your User Materials, in any format or media now known or hereafter developed.

In connection with your User Materials, you represent and warrant that:

• You own or otherwise have (and will continue to maintain) all rights and permissions necessary to Share your User Materials on the Tanda App (and to grant all licenses under these Terms), and you have obtained, and are solely responsible for obtaining any all consents required by applicable law to post your User Materials, including User Materials relating to third parties.

• You have the written consent of each and every identifiable natural person in your User Materials, if any, to use such person’s name or likeness in the manner contemplated by the Tanda App and these Terms, and each such person has released you and Tanda from any liability that may arise in relation to such use.

• Your User Materials, and our Use thereof as contemplated by these Terms, will not violate any applicable law or infringe any rights, including intellectual property and other proprietary rights, of any third party.

• You will not Share any User Materials that: (i) violate or infringe in any way upon the rights of others, including sharing any confidential or private information of others or statements which may defame, harass, stalk or threaten others, (ii) you know to be false, misleading or inaccurate, (iii) contain blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity, (iv) contain or advocate pornography or sexually explicit content, pedophilia, incest, bestiality, or that is otherwise obscene or lewd, (v) violate any law or advocates or provide instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them, (vi) advocate violent behavior, or (vii) pose a reasonable threat to personal or public safety.

We take no responsibility and assume no liability for any User Materials that you or any other user or third party makes available. You will be solely responsible for your User Materials and the consequences of making it available, and you agree that we are only acting as a passive conduit for the online distribution and publication of User Materials. You agree that you may be exposed to User Materials that are inaccurate, incomplete or otherwise unsuited to your purpose, and you agree that we will not be responsible or liable for any damages you allege to incur in connection with any User Materials. We may (but have no obligation to) monitor, evaluate, alter, or remove User Materials before or after it appears on the Tanda App for any or no reason. You will hold Tanda harmless, assume all liability for, and pay for all of Tanda’s fees and costs to defend against any User Materials that you post, generate or share that is alleged in any way to harm another person or entity.

Violations of these Terms may result in civil or criminal liability. We may investigate violations of these Terms and we may also work with law enforcement authorities to prosecute users who violate the Terms.

10. Other Third-Party Services

We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature, or reliability of third-party websites, products, or services accessible by link from the Services (“Third-Party Services”). We provide these links to you only as a convenience and the inclusion of any link does not imply our affiliation, endorsement, or adoption of the corresponding website or any information contained in (or made available via) any Third-Party Services. When you leave the Tanda App, our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data-gathering practices, of any Third-Party Services to which you navigate from the Tanda App.

11. Modifications / Suspension / Termination

We reserve the right to modify features and functionality of the Services from time to time in our sole discretion. We will determine in our sole discretion whether any new features require additional fees. Access to certain new features or functionality may require acceptance of additional terms.

We may terminate these Terms or suspend or terminate your account or your access to the Services, at any time, if we reasonably suspect or determine that you are in violation of these Terms. You agree that any suspension or termination of your access to the Services may be effected without prior notice. We will not be liable to you or to any third party for any modifications, price increases, or discontinuations of the Services, or suspension or termination of your access to the Services. Upon the suspension or termination of your access to the Services, you may request a refund by contacting us at [support@tanda.io] or [1-408-438-5509].

12. Indemnification

You agree, at your sole expense, to defend, indemnify and hold us (and our affiliates, directors, officers, employees, consultants and agents) harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys’ fees, costs, penalties, interest and disbursements) that we (or our directors, officers, employees, consultants, or agents, individually or collectively) incur and are caused by, arise out of, result from, are attributable to, or are in any way incidental to any of your conduct, including your Sharing of any User Materials, or any actual or alleged breach of any of your obligations under these Terms.

13. Disclaimers

The Services are provided on an “as is” and “as available” basis without any representations, warranties, covenants, or conditions of any kind (express or implied, statutory or otherwise), including, but not limited to, warranties of merchantability, title, fitness for a particular purpose, or noninfringement. Without limiting the foregoing, Tanda, and its licensors do not represent or warrant that (a) the access to or use of the Services will be secure, timely, uninterrupted, error-free, or operate in combination with any other hardware, software, system, or data, (b) any stored user content will not be lost, damaged, or corrupted, (c) the Services or the server(s) that make the Services available are free of viruses or other harmful components, or (d) third-party disruptions and security breaches of the Services will be prevented.

14. Limitation of Liability

To the fullest extent permitted by law, Tanda will not be liable under these Terms for any: (a) indirect, special, incidental, consequential, exemplary, or punitive damages; (b) loss of or errors in data, or loss of or interruptions to access or use of the Services; or (c) cost of cover or loss of business, revenues, or profits (in each case whether direct or indirect), even if Tanda knew or should have known that such damages were possible. To the fullest extent permitted by law, Tanda’s aggregate liability in connection with these Terms will not exceed one hundred dollars (US$100.00). Multiple claims will not expand this limitation. The waivers and limitations specified in this Section apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.

15. Dispute Resolution; Binding Arbitration

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. NO CLASS, COLLECTIVE OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT, AND THE ARBITRATOR WILL HAVE NO JURISDICTION OR AUTHORITY TO COMPEL ANY CLASS OR COLLECTIVE CLAIM OR CONSOLIDATE DIFFERENT ARBITRATION PROCEEDINGS. IN ADDITION, ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR HAVING A JURY OR BENCH TRIAL IN CONNECTION WITH ANY CLAIM COVERED BY THIS ARBITRATION AGREEMENT.

1. Agreement to Arbitrate. You and we agree that any dispute between you and Tanda arising out of or relating to (i) these Terms or (ii) the Services (each, a “Dispute”) will be governed by the arbitration procedure outlined in this Section (the “Arbitration Agreement”), except as set forth under the Section “Exceptions to Agreement to Arbitrate” below.

2. Jury Trial and Class Action Waiver.

   1. YOU AND TANDA ACKNOWLEDGE AND AGREE THAT THEY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. THE PARTIES FURTHER AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED IN THEIR INDIVIDUAL CAPACITIES AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. YOU AND TANDA MAY NOT BE PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION, AND MAY EACH BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY ON AN INDIVIDUAL BASIS AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THE CLAIMANT’S INDIVIDUAL CLAIM.

   2. If there is a determination that any term in the immediately preceding paragraph is unenforceable for any reason as to any claim, then the Arbitration Agreement will be inapplicable to that claim, and that claim will instead proceed through litigation in court rather than by arbitration, but only after the conclusion of the arbitration of any claim or dispute that is subject to the Arbitration Agreement.

3. Dispute Resolution Process. Before filing a claim for arbitration, you agree to first contact us and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to us by email at [support@tanda.io] or by certified mail addressed to [20830 Stevens Creek Blvd #1114, Cupertino CA 95014, USA]. The Notice must (i) include your name, residence address, email address, and telephone number, (ii) describe the nature and basis of the claim, and (iii) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If the parties cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the Dispute to binding arbitration administered by the American Arbitration Association (“AAA”) by submitting a form to initiate arbitration proceedings available at AAA’s website at www.adr.org. In addition to filing this form with AAA, the party initiating arbitration must send a copy of the completed form to the opposing party. You can send such copy to Tanda at [support@tanda.io]. Tanda will send such copy to the contact information you provided in the Notice or the email address you used to sign up to the Tanda App.

4. Arbitration Rules.

   1. AAA will administer the arbitration under its Consumer Arbitration Rules then in effect. Arbitration will be handled by a single arbitrator in accordance with those rules.

   2. You may choose to have arbitration conducted solely on the basis of documents submitted to the arbitrator, via a telephone hearing, by an in-person hearing, or as otherwise mutually agreed to by the parties.

   3. Arbitration proceedings will be held at the county in which you reside.

   4. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

   5. The arbitrator’s decision shall be written and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. A party that prevails in arbitration will be entitled to an award of attorney’s fees and expenses to the extent provided under applicable law.

5. Exceptions to Agreement to Arbitrate. Either you or Tanda may assert an individual claim in small claims court consistent with any applicable jurisdictional and monetary limits that may apply, provided it is brought and maintained as an individual action. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or infringement of Intellectual Property Rights without first engaging in arbitration or the informal dispute-resolution process described above. This Arbitration Agreement does not bar or preclude any party from seeking immediate equitable injunctive relief on an emergency or ex parte basis, to the extent permitted by applicable law and rules of court, arising from the breach of these Terms, and based on a good faith belief that material irreparable harm will result unless equitable relief is sought and granted. All other claims, causes of action, remedies, damages, and forms of relief in law or equity will be subject to arbitration under this Arbitration Agreement to the extent permitted by applicable law. The parties further agree that no bond or other security will be required in obtaining such equitable relief and hereby waive any such requirement and consent to the issuance of such injunction and to the ordering of specific performance.

6. Federal Arbitration Act and Governing Law. The parties agree that these Terms affect interstate commerce and that the enforceability of this Arbitration Agreement will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”). As limited by the FAA, these Terms, and the AAA’s Consumer Arbitration then in effect, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. If the FAA is found not to apply to any issue that arises under this Section or the enforcement of the Arbitration Agreement, then that issue will be resolved under the laws of the State of California. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.

7. Confidentiality. The arbitrator and the parties will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

8. Filing Fees. The parties agree that for any arbitration you initiate, you will pay the filing fee and we will pay the remaining AAA fees and costs. For any arbitration initiated by us, we will pay all AAA fees and costs. The parties agree that the state or federal courts of the State of California and the United States sitting in San Francisco, CA have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

9. Severance. If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (i) the unenforceable or unlawful provision will be severed from these Terms, (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Arbitration Agreement, and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims will be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Arbitration Agreement is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Arbitration Agreement will be enforceable.

16. General

1. These Terms will be governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without resorting to its conflict of law provisions.

2. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one year after such claim or cause of action arose or be forever barred (unless prohibited by law).

3. Neither these Terms nor any right or duty under these Terms may be transferred, assigned or delegated by you, by operation of law or otherwise, without the prior written consent of Tanda (which may be withheld in Tanda’s sole discretion), and any attempted transfer, assignment or delegation without such consent will be void and without effect, and a violation of these Terms. Tanda may freely transfer, assign or delegate these Terms or its rights and duties under these Terms.

4. Subject to the foregoing, these Terms will be binding upon and will inure to the benefit of the parties and their respective representatives, heirs, administrators, successors and permitted assigns.

5. No failure or delay (in whole or in part) on the part of us to exercise any right or remedy hereunder will operate as a waiver thereof or effect any other right or remedy. All rights and remedies hereunder are cumulative and are not exclusive of any other rights or remedies provided hereunder or by law. The waiver of one breach or default or any delay in exercising any rights will not constitute a waiver of any subsequent breach or default.

6. If any provision of these Terms is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will nonetheless remain in full force and effect so long as the economic and legal substance of the transactions contemplated by these Terms are not affected in any manner adverse to any party. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties will negotiate in good faith to modify these Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.

7. We will not be liable for any delays or failures in performance due to circumstances beyond our reasonable control, including, but not limited to, acts of God, flood, fire, earthquake, or explosion, war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, sabotage or piracy, riot or other civil unrest, government order, law, or action, embargoes or blockades, strikes, labor stoppages or slowdowns or other industrial disturbances, interruption or termination of any services provided by any service providers used by Tanda, and plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis (including, quarantine or other employee restrictions).

8. If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to Tanda, [20830 Stevens Creek Blvd #1114, Cupertino CA 95014, USA] with your electronic mail address and a request for these Terms. Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

17. Additional Terms Applicable to Mobile Devices

The following terms apply if you install, access or use the Tanda App or the Services on any mobile device. The Tanda App works on an application linked to a particular device and operating system, such as Apple’s iOS operating system. Your use of the Services may be subject to separate agreements you enter into with your mobile device operating system provider (e.g., Apple®, Google® or Microsoft®), your mobile device manufacturer (e.g., Apple®, Samsung®), your mobile service carrier (e.g., AT&T® or Verizon®), and other parties involved in providing your mobile device service. You agree that you will comply with all applicable third-party terms of agreement when using the Services. We are not a party to those agreements, and we have no responsibility for the products and services provided by third parties. You acknowledge and agree that these Terms are between you and Tanda, not with any third parties. You acknowledge and agree that we are solely responsible for the Services and for providing maintenance and support services for the Services.

18. Questions or Comments

If you have any questions or comments about these Terms, you may contact us at [support@tanda.io].