Lensa, Inc.
End-User License Agreement

Please read this end-user license agreement (“EULA”) carefully using the Lensa, Inc. (“Company”) mobile application (“Mobile App”). This EULA describes the terms by which Company is willing to permit you (and any entity on whose behalf you accept these terms) (“Licensee” or “you”) to access and use the Mobile App.

BY USING OR OTHERWISE ACCESSING THE MOBILE APP , YOU ACKNOWLEDGE AND AGREE THAT YOU (A) HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU AT LEAST 18 YEARS OF AGE; AND (C) ARE BOUND BY THE TERMS AND CONDITIONS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS EULA, DO NOT USE THE MOBILE APP.

YOU UNDERSTAND THAT: (1) THAT THE COMPANY IS NOT AFFILIATED WITH THE EMPLOYERS POSTING THE JOBS; AND THAT (2) THE MOBILE APP USES ARTIFICIAL INTELLIGENCE TO CREATE VIDEOS DESCRIBING POTENTIAL JOBS AND CAN MAKE MISTAKES AND THAT YOU NEED TO CHECK THE ACTUAL JOB APPLICATION FOR THE FULL DETAILS

ARBITRATION NOTICE: IF YOU DO NOT OPT OUT OF ARBITRATION AS OUTLINED IN SECTION 19 OF THIS EULA (“MUTUAL DISPUTE RESOLUTION USING BINDING ARBITRATION”), YOU CONSENT TO RESOLVING DISPUTES BETWEEN YOU AND US THROUGH BINDING, INDIVIDUAL ARBITRATION. BY AGREEING TO THIS, YOU RELINQUISH YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS DETAILED FURTHER IN SECTION 19. WE PROVIDE INFORMATION ON EXCEPTIONS AND HOW TO OPT OUT OF ARBITRATION IN SECTION 19 BELOW.

1. 18 Years of Age or Older Only

This Mobile App is intended solely for use by individuals who are 18 years of age or older. By downloading, installing, or using the Mobile App, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this Agreement. If you are under the age of 18, you are not permitted to access, use, or register for the Mobile App. Company does not knowingly collect or solicit any information from individuals under the age of 18. If we become aware that a user is under 18 years of age, we will take steps to terminate that user’s account and delete any information provided by that user. If you believe that a person under 18 has provided us with personal information, please contact us at [email protected] so that we can take appropriate action.

2. AI-Generated Content Disclaimer

The Mobile App provides access to, or the ability to view, videos and other content that are generated in whole or in part by artificial intelligence (“AI Content”). AI Content is produced using automated means and may not have been reviewed or verified by Company or any human moderator. Company makes no representations or warranties regarding the accuracy, reliability, legality, or appropriateness of any AI Content. You acknowledge and agree that:

AI Content may contain errors, inaccuracies, or material that is incomplete, misleading, or offensive.
AI Content is provided for informational, entertainment, or educational purposes only and should not be relied upon as professional advice or as a substitute for independent judgment or verification.
Company is not affiliated with the companies that are posting the jobs being summarized and presented in the AI Content
Company does not endorse or guarantee the views, opinions, or recommendations expressed in any AI Content.

By using the Mobile App, you assume all risks associated with viewing or relying on AI Content. Company expressly disclaims any and all liability arising from your use of or reliance on AI Content.

3. Your Account and Personal Information

Upon creating a user account, you establish a direct customer relationship with us, granting access to various functionalities of the Mobile App as a user. Within this relationship, you furnish information to Company which is subject to our privacy notice.

You agree to provide Company with accurate, current, and complete information about yourself. If, in its sole discretion, Company suspects that you have provided false information, your account may be suspended and/or disabled without notice. Additionally, you agree to promptly inform Company of any security breach related to the Mobile App, by contacting Company via email at [email protected]. Company explicitly disclaims liability for any losses or damages incurred due to your non-compliance with this agreement. Under no circumstances may you utilize someone else’s user account.

You are required to exercise caution, prudence, and discretion when utilizing the Mobile App. Any attempt to breach or compromise the security of the Mobile App is strictly prohibited. Violations of this agreement may lead to criminal and/or civil penalties being imposed against you. Company reserves the right to investigate any alleged or suspected violations, and if criminal activity is suspected, Company may collaborate with law enforcement authorities in their inquiries.

4. Changes

We may change the terms of this EULA from time to time. We will post notice of modifications to this EULA in the Mobile App. If you do not agree to any modified terms, you must stop all use of the Mobile App.

5. License Grant

License. You may use the Mobile App, in executable form only, for your personal use on an electronic device that you own or are authorized to use, in compliance with these terms. This right is personal to you and may not be assigned, transferred or sublicensed to others. You agree to use the Mobile App at your own risk. Subject to your compliance with this EULA, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Mobile App on a device that you own or control, strictly and solely for your personal, noncommercial use, except as otherwise permitted by the applicable app store terms. All rights not expressly granted to you are reserved by Company and its licensors. This license does not allow you to use the Mobile App on any device that you do not own or control, and you may not distribute or make the Mobile App available over a network where it could be used by multiple devices at the same time. If the service is a paid service, the license is subject to payment and resale is not permitted. The terms of this EULA will govern any content, materials, or services accessible from or purchased within the Mobile App, as well as upgrades provided by Company, unless such upgrade is accompanied by its own EULA.

Software Updates. Company may publish updates to the Mobile App from time to time. You must either accept each such update or discontinue using the Mobile App after an update is published. This EULA applies to all updates to the Mobile App, unless Company provides other terms along with the updates.

Open Source Components. “Open Source Components” means components (including, without limitation, programs, applications, tools, utilities, libraries, and other programming code) of the Mobile App that are made available from third parties under a free or open source software licensing model. The relevant license may be found at www.careerclips.com/licenses-android & www.careerclips.com/licenses-ios and they can be opened from the app when you access your Profile settings. Your use of such components will be subject to the terms of the applicable Open Source Component license for such component. Copies of the Open Source Component licenses for Open Source Components will be included with the Mobile App and/or posted on Company’s website at www.careerclips.com].

Third-Party Software. The Mobile App may include software that is licensed to Company by third-party licensors (“Third-Party Software”). Third-Party Software is redistributed by Company under the terms of the applicable license for the Third-Party Software. The parties who license Third-Party Software to Company (collectively, “Third-Party Licensors”) will not be responsible for any liability arising from your use of the Mobile App, and they will not provide any support or information relating to the Mobile App. All Third-Party Licensors are third party beneficiaries of this EULA.

Legal Compliance and Export Regulation. The Mobile App may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the Mobile App to, or make the Mobile App accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Mobile App available outside the US.

6. Restrictions on Use

You must not, whether directly or indirectly:

copy the Mobile App, other than to make one copy of the Mobile App for backup and archival purposes only;
use or reproduce any portion of the Mobile App in source code format;
translate, reverse engineer, decompile, or disassemble the Mobile App or the software underlying the services, except to the extent that this restriction is expressly permitted by applicable law, and with exceptions for the Open Source Components as permitted by the applicable open source licenses;
rent, sell, lease, loan, sub-license, distribute, assign, or transfer the Mobile App;
modify, create any derivative work from, or merge all or any part of the Mobile App (other than the Open Source Components) with another program;
download, publish, send by e-mail, or transmit any information or contents through the Mobile App that could infringe or violate the intellectual property, brand, license or other rights of another party;
export the Mobile App to any country that is subject to an embargo or applicable sanction imposed by the U.S. government, and other than in full compliance with all laws, regulations, orders and other restrictions of any governmental agencies;
transmit any virus, Trojan, worms or other destructive elements through the Mobile App;
use the Mobile App to violate any law, statute, ordinance or regulation;
use of automated systems (bots, spiders, scrapers) to access or interact with the Mobile App;
attempt to bypass, disable, or otherwise interfere with security-related features or features that prevent or restrict use or copying of any content; or
create liability for Company, our affiliates, or our service providers, or cause us to lose (in whole or in part) the services of any of our service providers.

7. Reporting Inappropriate Content

If you encounter AI Content or user content that you believe violates this EULA or is otherwise inappropriate, you may report it to company at [email protected]. Company will review such reports and take action as it deems appropriate in its sole discretion.

8. Ownership

Company and its suppliers and licensors reserve all rights not expressly granted to you in this EULA. Title and intellectual property rights to the Mobile App remain with Company or our Third-Party Licensors. Trademarks and logos used in connection with the Mobile App are the trademarks of their respective owners.

9. Privacy and Security

The use of the Mobile App is subject to the Privacy Policy of Company which can be found at www.careerclips.com/privacy-policy

10. Term; Termination

Company may terminate this EULA and the licenses granted in it at any time if you breach any provision of this EULA, if Company is required to do so by law, or if Company discontinues support of the Mobile App. You agree that upon termination of your access to or use of the Mobile App under this Agreement, you will not attempt to access or use the Mobile App under any name, real or assumed. Furthermore, you agree to indemnify and hold harmless Company from any liability incurred as a result of any violation of this restriction following termination.

Certain provisions of this Agreement, including those pertaining to Mobile App security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, liability limitations, arbitration, dispute resolution, indemnity, and jurisdictional matters, will remain in effect even after termination. Subject to the terms of the Privacy Notice and any legal obligations, we are not obligated to return or provide you or any third party with any content, information provided by you, or any other information related to you, whether before or after termination of your use of the Mobile App.

This EULA is effective unless and until terminated by either you or us. You may terminate this Agreement at any time by deleting your account or deleting the Mobile App The obligations and liabilities incurred prior to the termination date shall survive the termination of these terms for all purposes.

11. Third-Party Links

The Mobile App may contain links to other websites, applications, or services that are provided by third parties, and which we do not own or control, including jobs posted on third-party sites. Your engagement with such Third-Parties, including the procurement and delivery of goods or services, and any associated terms, conditions, warranties, or representations, solely occur between you and the respective third-parties. We are not responsible for any content provided by those third parties. If you access any third-party content through the Mobile App, you do so at your own risk, and subject to whatever terms and conditions of use that the third party applies to such content. It is your responsibility to conduct any necessary investigation before engaging in online or offline transactions involving third-parties or their third-party offerings. You are solely liable for using the third party offerings and disclosing personal information, and must exercise caution, discretion, and judgment.

Company disclaims any responsibility or liability for losses or damages incurred as a result of using the Mobile App, including third-party offerings, or interacting with third-parties. In the event of a dispute with any third-party, other user, or entity, you acknowledge that Company is not obligated to intervene, and you release and indemnify Company, defined as including but not limited to all of their respective contractors, directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from any third-party claims or damages arising from such disputes or Mobile App usage.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

12. No Warranties; Disclaimers

Content and information provided on the Mobile App are offered for convenience purposes only. Users who rely on such content or information do so at their own discretion and assume all associated risks.

To the maximum extent permitted by applicable law, the app is made available on an “as is” or “as available” basis. Any use of or access to the Mobile App is entirely voluntary and at the sole risk of the user. Company, along with any third parties offering products or services through the Mobile App, disclaim all warranties and conditions, whether express or implied, statutory or otherwise, to the fullest extent permitted by law. These disclaimers include, but are not limited to, implied warranties of merchantability, non-infringement of Third-Party rights, satisfactory quality, and fitness for a particular purpose, both regarding the Mobile App and any information, content, products, services, merchandise, or other materials provided on or through the Mobile App. Company makes no warranty or guarantee regarding the accuracy, completeness, reliability, availability, timeliness, or usefulness of the Mobile App. Furthermore, Company does not warrant that the Mobile App will operate without delays, interruptions, interference, imperfections, corruption, cyber attacks, viruses, malware, or any other adverse incidents.

COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A USER OR THIRD PARTY ON THE MOBILE APP OR THROUGH ANY HYPERLINKED WEBSITE OR SERVICE, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND A USER OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. COMPANY DOES NOT WARRANT THAT YOUR ACCESS TO AND USE OF THE MOBILE APP WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.

13. Limitations of Liability

IN NO EVENT SHALL COMPANY’S, OUR EMPLOYEES’ , DIRECTORS’ , AFFILIATES’ , AGENTS’ , SUPPLIERS’ , DISTRIBUTORS’ , RESELLERS’ , OR SUBCONTRACTORS’ LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE PRICE THAT YOU PAID FOR THE MOBILE APP . IN NO EVENT SHALL COMPANY , OUR EMPLOYEES, DIRECTORS, AFFILIATES, AGENTS, SUPPLIERS, DISTRIBUTORS, RESELLERS OR SUBCONTRACTORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, OR OTHER LOSS ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE MOBILE APP . IN ADDITION, COMPANY’S THIRD-PARTY LICENSORS DISCLAIM, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL. COMPANY AND OUR THIRD-PARTY LICENSORS DO NOT WARRANT THAT THE OPERATION OF THE MOBILE APP WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE MOBILE APP WILL MEET ANY SPECIFIC REQUIREMENTS.

14. Copyright Complaints

We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act (DMCA). If you believe that content or material on our Mobile App is unlawfully infringing a copyright owned by you, and wish to have the allegedly infringing material(s) removed or access to it blocked, you must provide notice to our Copyright Agent at [email protected]. Please ensure that your notice includes: (i) identification of the copyrighted work(s) claimed to have been infringed; (ii) identification of the supposedly infringing material that is to be removed; (iii) information reasonably sufficient to permit Us to locate the material on the Services; (iv) your address, telephone number, or email address; (v) a statement that you have a good faith belief that use of the material is in fact infringing and/or not authorized by the copyright owner, its agent, or the law; (vi) a statement that, under penalty of perjury, the information in the notification is accurate and where relevant you are authorized to act on behalf of the copyright owner; and (vii) your physical or electronic signature.

A provider of content subject to a claim of infringement may make a counter notification. To file a counter-notification with Us, please provide our Copyright Agent a notice containing the following: (i) identification of the supposedly infringing material that is to be removed; (ii) a statement that, under penalty of perjury, you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iii) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your postal address is located, and that you will accept service of process from the party who submitted the infringement notification or his, her, or its principal or agent; and (iv) the signature, physical or electronic, of you or a person authorized to act on your behalf.

We will promptly provide the party that provided the notice of claimed infringement with a copy of the counter-notification, and inform the complaining party that We will restore the removed or disabled content within fourteen (14) business days. If We do not receive notice that a lawsuit has been filed within fourteen (14) business days after We provide notice of the counter-notification, We will restore the removed or disabled materials. Until that time, the materials will remain removed or disabled. Before filing a copyright notification with Us, make a careful determination as to whether or not the use of the material at issue is or may be protected by the “fair use” doctrine. You could potentially be held liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether there is infringement, it may be advisable to seek legal counsel.

It is Company’s policy, in appropriate circumstances, to terminate the accounts of users who are repeat infringers or are repeatedly charged with infringement.

15. Contact

If you have questions about the Mobile App, your account, or relating to any other question, please contact Customer Service at [email protected].

16. Third-Party Intellectual Property Claims

Company shall not be obligated to indemnify or defend you with respect to any third-party claim arising out of or relating to the Mobile App

17. Indemnity and Equitable Relief

You hereby agree to indemnify, defend, and hold harmless Company and any third parties providing products or services via the Mobile App, from and against any and all suits, actions, claims, or proceedings (collectively, “Claims”) for damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) arising from or related to (i) your violation of this EULA; (ii) your use of the Mobile App; (iii) your violation of applicable laws, regulations, or third-party rights; and (v) your willful misconduct, fraud, or negligence. We reserve the right to assume control over the defense of any Claim for which we are entitled to indemnification, and you agree to cooperate with us as reasonably requested in such matters. You agree not to settle any matter without the prior written consent of Company.

You acknowledge that a breach by you of any provision of this Agreement may cause Company irreparable damage, for which the award of damages would not be adequate compensation. Consequently, Company may institute an action to enjoin you from any acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and additionally, Company may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which we may be entitled at law or in equity.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, IN NO EVENT SHALL COMPANY , ITS SUBSIDIARIES, AND THEIR RESPECTIVE BOARD MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSOR AND ASSIGNS, BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), FOR BREACH OF STATUTORY DUTY , OR OTHERWISE FOR ANY (I) DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR LOSSES; (II), LOSS OF PROFITS, GOODWILL, USE, DATA THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES. UNDER NO CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR USE OF THE MOBILE APP , WHETHER OR NOT THE DAMAGES ARE FORESEEABLE. IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS, LOSSES, OR DAMAGES ARISING OUT OF THIS AGREEMENT OR ANY SERVICES (WHETHER IN CONTRACT, EQUITY , NEGLIGENCE, TORT, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS ($100).

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY , BREACH OF STATUTORY DUTY OR ANY OTHER BASIS AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

19. Mutual Dispute Resolution Using Binding Arbitration (“Arbitration Agreement”)

Should a dispute arise between you and us, we are committed to working with you to reach a reasonable resolution. You and Company agree that sincere informal efforts to resolve disputes can lead to a swift, cost-effective, and mutually beneficial outcome. Therefore, before either party commences arbitration against the other, you and Company will engage in a good-faith informal dispute resolution conference telephonically or via video conference to try to resolve any dispute covered by this arbitration agreement. If you are represented by legal counsel, your counsel may participate in the conference, but your participation is also required.

You and we mutually agree that any claim, dispute, or controversy arising between you and us, or any of the Service Providers, concerning Company, the End User License Agreement (“EULA”), the Mobile App, the Privacy Notice, or any other goods, services, or advertising by Company or any associated parties, including controversies regarding the applicability, enforceability, or validity of any provision of this Agreement (collectively referred to as “Disputes”), which is not resolved through an informal dispute resolution conference (as defined and described below), shall be resolved through confidential binding arbitration conducted by one arbitrator from the American Arbitration Association (“AAA”) with experience in resolving complex contract healthcare-related claims mutually agreeable to the parties, rather than through litigation in court. The arbitration proceedings shall be held in Lee County, Florida.

The arbitration process will be governed by the AAA’s Consumer Arbitration Rules then in effect and, if deemed applicable by the arbitrator, the Supplementary Procedures for Consumer-Related Disputes (collectively referred to as “Rules and Procedures”). If the parties are unable to agree on an arbitrator, then the parties agree that the American Arbitration Association will appoint an arbitrator who meets the requirements of this section upon application of a rank and strike process completed by the parties.

By agreeing to this Arbitration Agreement, you acknowledge that you are voluntarily waiving your right to a jury trial and to pursue a lawsuit in state or federal court, except as expressly provided herein. For the purposes of this Arbitration Agreement, “Dispute” also includes disputes arising from 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.

The arbitrator shall give effect to statutes of limitation and governing law in this Agreement in determining any claim, and any controversy concerning whether this Agreement, an issue, or dispute hereunder is arbitrable shall be determined by the arbitrator. The arbitrator shall follow the governing law in reaching a reasoned decision and shall deliver a written opinion setting forth findings of fact, conclusions of law, and the rationale for the arbitrator’s decision. The decision of arbitration shall be final, binding, and conclusive upon the parties, and judgment upon the award rendered by the arbitrator may be entered in any court having competent jurisdiction. The arbitrator shall have no authority to add to, detract from, or modify this Agreement or any applicable law in any respect. The arbitrator may not grant any remedy or relief greater than that sought by the parties. The confidentiality provisions of this Agreement shall apply to the claims and defenses in the arbitration proceeding. The opinion and arbitration hearing(s), proceeding(s) and filing(s), shall all remain confidential, except that final judgment upon the decision rendered by the arbitrator may be entered in any court having jurisdiction for purposes of confirming and enforcing such award. Any documents filed to enforce a decision of the arbitrator will be filed under seal or otherwise protected from public view. Any decision by the arbitrator shall not be interpreted as an admission against the interest of any party and shall not be admissible as evidence in any subsequent court action with a third party.

The arbitrator shall be authorized to and shall permit the prevailing party in any claim resolved pursuant to this Agreement to recover, in addition to any other damages or compensation awarded by the arbitrator, such prevailing party’s reasonable costs and expenses of such claim, including reasonable attorneys’ fees and the amount such prevailing party may have paid or be obligated to pay with respect to the fees of the arbitrator and the administrative costs of the arbitration. Notwithstanding the foregoing provisions of this section, and notwithstanding the arbitrator’s authority to issue injunctive relief, the parties are not required to arbitrate any issue for which injunctive relief is sought by any party hereto and both parties may seek injunctive relief in any federal or state court having competent jurisdiction.

The arbitrator shall have authority to award only (i) injunctive relief, (ii) money damages, (iii) specific performance, (iv) attorneys’ fees, costs and expert witness fees to the prevailing party, and (v) sanctions for abuse or frustration of the arbitration process.

YOU AGREE TO NOT BRING CLASS OR COLLECTIVE ARBITRATIONS, EVEN IF THE AAA PROCEDURES OR RULES WOULD OTHERWISE ALLOW THEM, AND AGREE THAT THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL SEEKING RELIEF AND TO THE EXTENT OF THEIR INDIVIDUAL CLAIM, AND NOT ON BEHALF OF ANY CLASS OR IN ANY REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY.

You have the option to opt out of the provisions of this Arbitration Agreement requiring arbitration of Disputes within thirty (30) days of initially agreeing to any version of this Agreement mandating arbitration of disputes with Company or any related parties. To opt-out, you must send your name, residential address, email address, and a clear statement expressing your desire to opt out of arbitration with the relevant party to: [email protected] ATTN: Arbitration Opt-Out. Opting out of this Arbitration Agreement does not affect any other arbitration agreements currently in place or entered into in the future with us or any other Company Parties.

Prior to initiating arbitration of a Dispute, you must provide us with a written Notice of Dispute containing your name, residential address, username (if applicable), email address associated with your Company User Account (if applicable), a detailed description of the Dispute, and the requested relief. Likewise, before commencing arbitration of a Dispute against you, we will provide you with a written Notice of Dispute detailing the Dispute and the relief sought. Any Notice of Dispute to us should be sent to 17 West Gay Street Suite 50, West Chester, PA 19380 ATTN: Dispute Notice.

Except as specified above, if any part of this Arbitration Agreement is found to be invalid or unenforceable under the law, such part shall be severed, and the remainder of the Arbitration Agreement shall remain in full force and effect.

Governing Law. All matters relating to this EULA and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Pennsylvania or any other jurisdiction). If the agreement to arbitrate is found not to apply to any legal suit, action, or proceeding arising out of, or related to, this EULA you agree to the exclusive jurisdiction of the state and federal courts in Pennsylvania to resolve your claim, although we retain the right to bring any suit, action, or proceeding against you for breach of this Agreement in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

20. Additional Terms from Platform Providers, Including but Not Limited to Apple and Google

This EULA incorporates and is subject to the additional terms required by the platforms through which the application is distributed, including but not limited to the Apple App Store and Google Play. Specifically, you acknowledge and agree that:

this EULA is concluded solely between you and us, and not with Apple Inc. or Google LLC (collectively, the "Platform Providers");
we, not the Platform Providers, are solely responsible for the application and its content, as well as for addressing any claims by you or any third party relating to the application or your possession and/or use of the application, including but not limited to:
1. product liability claims;
2. any claim that the application fails to conform to any applicable legal or regulatory requirement; and
3. claims arising under consumer protection, privacy, or similar legislation;
the Platform Providers have no obligation whatsoever to furnish any maintenance and support services with respect to the application;
to the extent any warranty exists under law that cannot be disclaimed, Company, not the Platform Provider, shall be solely responsible for such warranty;
To the extent Company is required to provide indemnification by applicable law, Company, not the Platform Providers, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Mobile App or your use of it infringes any third party intellectual property right;
you represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties; and
you acknowledge and agree that the Platform Providers and their subsidiaries are third-party beneficiaries of this EULA, and that upon your acceptance of the terms and conditions of this EULA, the Platform Providers will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.

21. Contact

If you have questions about the Mobile App or our services, your account, your applications, or relating to any other question, please contact Customer Service at:

Lensa, Inc.
17 West Gay Street Suite 50, West Chester, PA 19380
Email Address: [email protected].

22. General

Entire Agreement. This EULA constitutes the entire agreement between you and Company relating to the Mobile App, and it supersedes all prior or contemporaneous oral or written communications with respect to the Mobile App or any other subject matter covered by this EULA. Company may make changes to this EULA by posting the changes on the Mobile App. Your continued use of the Mobile App after a change shall be deemed consent of the most recent terms.

Assignment. You must not assign, transfer, or sublicense any obligations or benefits under this EULA.

Severability. If any provision of this EULA is found to be invalid, illegal, or unenforceable, that provision will automatically be severed from this EULA, and all other provisions will remain in full force and effect.

Lensa, Inc.End-User License Agreement