WEBSITE TERMS OF USE

VERSION 1.0

LAST REVISED ON: MARCH 7, 2024

The website located at myo.fit, and the accompanying mobile application Myo: Health Monitoring (the “Site”, and

the “App”, respectively) is a copyrighted work belonging to Myo Systems, Inc. (“Company”, “us”, “our”, and

“we”). Certain features of the Site and the App may be subject to additional guidelines, terms, or rules, which will

be posted on the Site and the App in connection with such features. All such additional terms, guidelines, and rules

are incorporated by reference into these Terms.

THESE TERMS OF USE (THESE “TERMS”) SET FORTH THE LEGALLY BINDING TERMS AND

CONDITIONS THAT GOVERN YOUR USE OF THE SITE AND THE APP. BY ACCESSING OR USING THE

SITE AND THE APP, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE

ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE

RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR

THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE AND THE APP OR

ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL

OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE AND THE APP.

PLEASE BE AWARE THAT SECTION 10.2 CONTAINS PROVISIONS GOVERNING HOW TO

RESOLVE DISPUTES BETWEEN YOU AND COMPANY. AMONG OTHER THINGS, SECTION 10.2

INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS,

THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL

ARBITRATION. SECTION 10.2 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER.

PLEASE READ SECTION 10.2 CAREFULLY.

UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1) YOU WILL

ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN

INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR

REPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR RIGHT TO PARTICIPATE

IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING

YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND

TO HAVE A JURY TRIAL.

1. ACCOUNTS

1.1. Account Creation. In order to use certain features of the Site and the App, you must register for

an account (“Account”) and provide certain information about yourself as prompted by the account

registration form. You represent and warrant that: (a) all required registration information you submit is

truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account

at any time, for any reason, by following the instructions on the Site and the App. Company may suspend

or terminate your Account in accordance with Section 8.

1.2. Account Responsibilities. You are responsible for maintaining the confidentiality of your

Account login information and are fully responsible for all activities that occur under your Account. You

agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your

Account or any other breach of security. Company cannot and will not be liable for any loss or damage

arising from your failure to comply with the above requirements.

2. ACCESS TO THE SITE AND THE APP

2.1. License. Subject to these Terms, Company grants you a non-transferable, non-exclusive,

revocable, limited license to use and access the Site and the App solely for your own personal,

noncommercial use.

2.2. Certain Restrictions. The rights granted to you in these Terms are subject to the following

restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise

commercially exploit the Site and the App, whether in whole or in part, or any content displayed on the Site

and the App; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse

engineer any part of the Site and the App; (c) you shall not access the Site and the App in order to build a

similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the

Site and the App may be copied, reproduced, distributed, republished, downloaded, displayed, posted or

transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other

addition to functionality of the Site and the App shall be subject to these Terms. All copyright and other

proprietary notices on the Site and the App (or on any content displayed on the Site and the App) must be

retained on all copies thereof.

2.3. Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the

Site and the App (in whole or in part) with or without notice to you. You agree that Company will not be

liable to you or to any third party for any modification, suspension, or discontinuation of the Site and the

App or any part thereof.

2.4. No Support or Maintenance. You acknowledge and agree that Company will have no obligation

to provide you with any support or maintenance in connection with the Site and the App.

2.5. Ownership. Excluding any User Content that you may provide (defined below), you

acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade

secrets, in the Site and the App and its content are owned by Company or Company’s suppliers. Neither

these Terms (nor your access to the Site and the App) transfers to you or any third party any rights, title or

interest in or to such intellectual property rights, except for the limited access rights expressly set forth in

Section 2.1. Company and its suppliers reserve all rights not granted in these Terms. There are no implied

licenses granted under these Terms.

2.6. Feedback. If you provide Company with any feedback or suggestions regarding the Site and the

App (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company

shall have the right to use and fully exploit such Feedback and related information in any manner it deems

appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-

proprietary. You agree that you will not submit to Company any information or ideas that you consider to

be confidential or proprietary.

3. USER CONTENT

3.1. User Content. “User Content” means any and all information and content that a user submits to,

or uses with, the Site and the App (e.g., content in the user’s profile or postings). You are solely responsible

for your User Content. You assume all risks associated with use of your User Content, including any

reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that

personally identifies you or any third party. You hereby represent and warrant that your User Content does

not violate our Acceptable Use Policy (defined in Section 3.3). You may not represent or imply to others

that your User Content is in any way provided, sponsored or endorsed by Company. Since you alone are

responsible for your User Content, you may expose yourself to liability if, for example, your User Content

violates the Acceptable Use Policy. Company is not obligated to backup any User Content, and your User

Content may be deleted at any time without prior notice. You are solely responsible for creating and

maintaining your own backup copies of your User Content if you desire.

3.2. License. You hereby grant (and you represent and warrant that you have the right to grant) to

Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce,

distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and

otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the

purposes of including your User Content in the Site and the App. You hereby irrevocably waive (and agree

to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User

Content.

3.3. Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:

(a) You agree not to use the Site and the App to collect, upload, transmit, display, or

distribute any User Content (i) that violates any third-party right, including any copyright, trademark,

patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or

proprietary right, (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of

another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene,

patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or

individual or is otherwise objectionable, (iii) that is harmful to minors in any way, or (iv) that is in violation

of any law, regulation, or obligations or restrictions imposed by any third party.

(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site and

the App any computer viruses, worms, or any software intended to damage or alter a computer system or

data; (ii) send through the Site and the App unsolicited or unauthorized advertising, promotional materials,

junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages,

whether commercial or otherwise; (iii) use the Site and the App to harvest, collect, gather or assemble

information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere

with, disrupt, or create an undue burden on servers or networks connected to the Site and the App, or

violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to

the Site and the App (or to other computer systems or networks connected to or used together with the Site

and the App), whether through password mining or any other means; (vi) harass or interfere with any other

user’s use and enjoyment of the Site and the App; or (vi) use software or automated agents or scripts to

produce multiple accounts on the Site and the App, or to generate automated searches, requests, or queries

to (or to strip, scrape, or mine data from) the Site and the App (provided, however, that we conditionally

grant to the operators of public search engines revocable permission to use spiders to copy materials from

the Site and the App for the sole purpose of and solely to the extent necessary for creating publicly

available searchable indices of the materials, but not caches or archives of such materials, subject to the

parameters set forth in our robots.txt file).

3.4. Enforcement. We reserve the right (but have no obligation) to review, refuse and/or remove any

User Content in our sole discretion, and to investigate and/or take appropriate action against you in our sole

discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise

create liability for us or any other person. Such action may include removing or modifying your User

Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement

authorities.

4. INDEMNIFICATION. You agree to indemnify and hold Company (and its officers, employees, and agents)

harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or

arising out of (a) your use of the Site and the App, (b) your violation of these Terms, (c) your violation of

applicable laws or regulations or (d) your User Content. Company reserves the right, at your expense, to

assume the exclusive defense and control of any matter for which you are required to indemnify us, and

you agree to cooperate with our defense of these claims. You agree not to settle any matter without the

prior written consent of Company. Company will use reasonable efforts to notify you of any such claim,

action or proceeding upon becoming aware of it.

5. THIRD-PARTY LINKS & ADS; OTHER USERS

5.1. Third-Party Links & Ads. The Site and the App may contain links to third-party websites and

services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such

Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any

Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a

convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations

with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and

should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-

Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy

and data gathering practices. You should make whatever investigation you feel necessary or appropriate

before proceeding with any transaction in connection with such Third-Party Links & Ads.

5.2. Other Users. Each Site user is solely responsible for any and all of its own User Content. Since

we do not control User Content, you acknowledge and agree that we are not responsible for any User

Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency,

suitability, appropriateness, or quality of any User Content. Your interactions with other Site users are

solely between you and such users. You agree that Company will not be responsible for any loss or damage

incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are

under no obligation to become involved.

5.3. Release. You hereby release and forever discharge Company (and our officers, employees, agents,

successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future

dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and

nature (including personal injuries, death, and property damage), that has arisen or arises directly or

indirectly out of, or that relates directly or indirectly to, the Site and the App (including any interactions

with, or act or omission of, other Site users or any Third-Party Links & Ads). IF YOU ARE A

CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN

CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT

EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR

SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE,

WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER

SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

6. DISCLAIMERS

THE SITE AND THE APP IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND

OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY

KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR

CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET

ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO

WARRANTY THAT THE SITE AND THE APP WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON

AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE,

RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF

APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE AND THE APP, ALL SUCH

WARRANTIES ARE LIMITED IN DURATION TO 90 DAYS FROM THE DATE OF FIRST USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE

EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON

HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

7. LIMITATION ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR

SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS

OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,

INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR

YOUR USE OF, OR INABILITY TO USE, The Site and the App, EVEN IF COMPANY HAS BEEN ADVISED

OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, The Site and the App IS AT YOUR

OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO

YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE

CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR

RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF

THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS. THE

EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR

SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE

TERMS.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR

INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY

NOT APPLY TO YOU.

8. TERM AND TERMINATION. Subject to this Section, these Terms will remain in full force and effect while

you use the Site and the App. We may suspend or terminate your rights to use the Site and the App

(including your Account) at any time for any reason at our sole discretion, including for any use of the Site

and the App in violation of these Terms. Upon termination of your rights under these Terms, your Account

and right to access and use the Site and the App will terminate immediately. You understand that any

termination of your Account may involve deletion of your User Content associated with your Account from

our live databases. Company will not have any liability whatsoever to you for any termination of your

rights under these Terms, including for termination of your Account or deletion of your User Content.

Even after your rights under these Terms are terminated, the following provisions of these Terms will

remain in effect: Sections 2.2 through 2.6, Section 3 and Sections 4 through 10.

10. GENERAL

10.1. Changes. These Terms are subject to occasional revision, and if we make any substantial

changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any),

and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with

your most current e-mail address. In the event that the last e-mail address that you have provided us is not

valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-

mail containing such notice will nonetheless constitute effective notice of the changes described in the

notice. Continued use of our Site following notice of such changes shall indicate your acknowledgement of

such changes and agreement to be bound by the terms and conditions of such changes.

10.2. Dispute Resolution. Please read the following arbitration agreement in this Section (the

“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Company, its parent

companies, subsidiaries, affiliates, successors and assigns and all of their respective officers, directors,

employees, agents, and representatives (collectively, the “Company Parties”) and limits the manner in

which you can seek relief from the Company Parties.

(a) Applicability of Arbitration Agreement. You agree that any dispute between you and

any of the Company Parties relating in any way to the Site and the App, the services offered on the Site and

the App (the “Services”) or these Terms will be resolved by binding arbitration, rather than in court, except

that (1) you and the Company Parties may assert individualized claims in small claims court if the claims

qualify, remain in such court and advance solely on an individual, non-class basis; and (2) you or the

Company Parties may seek equitable relief in court for infringement or other misuse of intellectual property

rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This

Arbitration Agreement shall survive the expiration or termination of these Terms and shall apply,

without limitation, to all claims that arose or were asserted before you agreed to these Terms (in

accordance with the preamble) or any prior version of these Terms. This Arbitration Agreement does

not preclude you from bringing issues to the attention of federal, state or local agencies. Such agencies can,

if the law allows, seek relief against the Company Parties on your behalf. For purposes of this Arbitration

Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence

of this or any prior versions of the Agreement as well as claims that may arise after the termination of these

Terms.

(b) Informal Dispute Resolution. There might be instances when a Dispute arises between

you and Company. If that occurs, Company is committed to working with you to reach a reasonable

resolution. You and Company agree that good faith informal efforts to resolve Disputes can result in a

prompt, low-cost and mutually beneficial outcome. You and Company therefore agree that before either

party commences arbitration against the other (or initiates an action in small claims court if a party so

elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to

resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution

Conference”). If you are represented by counsel, your counsel may participate in the conference, but you

will also participate in the conference.

The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal

Dispute Resolution Conference (“Notice”), which shall occur within 45 days after the other party receives such

Notice, unless an extension is mutually agreed upon by the parties. Notice to Company that you intend to initiate an

Informal Dispute Resolution Conference should be sent by email to: team@myo.fit. The Notice must include: (1)

your name, telephone number, mailing address, e-mail address associated with your account (if you have one); (2)

the name, telephone number, mailing address and e-mail address of your counsel, if any; and (3) a description of

your Dispute.

The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held

each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users

in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same

Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice

and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties

from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal

Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing

arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the

Informal Dispute Resolution Conference process required by this section.

interstate commerce; and notwithstanding any other provision herein with respect to the applicable

substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and

enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute

Resolution Process described above does not resolve satisfactorily within 60 days after receipt of your

Notice, you and Company agree that either party shall have the right to finally resolve the Dispute through

binding arbitration. The Federal Arbitration Act governs the interpretation and enforcement of this

Arbitration Agreement. The arbitration will be conducted by JAMS, an established alternative dispute

resolution provider. Disputes involving claims and counterclaims with an amount in controversy under

$250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’ most current version of the

Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-

arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive

Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/.

JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. A party who

wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”).

The Request must include: (1) the name, telephone number, mailing address, e-mail address of the party

seeking arbitration and the account username (if applicable) as well as the email address associated with

any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those

claims; (3) a description of the remedy sought and an accurate, good-faith calculation of the amount in

controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute

Resolution process as described above; and (5) evidence that the requesting party has paid any necessary

filing fees in connection with such arbitration.

If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone

number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request,

counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable

under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass,

cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other

legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or

reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary

support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further

investigation or discovery.

Unless you and Company otherwise agree, or the Batch Arbitration process discussed in Subsection 10.2(h) is

triggered, the arbitration will be conducted in the county where you reside. Subject to the JAMS Rules, the arbitrator

may direct a limited and reasonable exchange of information between the parties, consistent with the expedited

nature of the arbitration. If the JAMS is not available to arbitrate, the parties will select an alternative arbitral forum.

Your responsibility to pay any JAMS fees and costs will be solely as set forth in the applicable JAMS Rules.

You and Company agree that all materials and documents exchanged during the arbitration proceedings shall be kept

confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and

then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration

proceedings confidential.

(d) Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve all

disputes subject to arbitration hereunder including, without limitation, any dispute related to the

interpretation, applicability, enforceability or formation of this Arbitration Agreement or any portion of the

Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to the subsection

entitled “Waiver of Class or Other Non-Individualized Relief,” including any claim that all or part of the

subsection entitled “Waiver of Class or Other Non-Individualized Relief” is unenforceable, illegal, void or

voidable, or that such subsection entitled “Waiver of Class or Other Non-Individualized Relief” has been

breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as

expressly contemplated in the subsection entitled “Batch Arbitration,” all Disputes about the payment of

arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all

Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided

only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version

of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by

an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any

other cases or parties, except as expressly provided in the subsection entitled “Batch Arbitration.” The

arbitrator shall have the authority to grant motions dispositive of all or part of any claim or dispute. The

arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or

relief available to an individual party under applicable law, the arbitral forum’s rules, and these Terms

(including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision

describing the essential findings and conclusions on which any award (or decision not to render an award)

is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law.

The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be

entered in any court having jurisdiction.

(e) Waiver of Jury Trial. EXCEPT AS SPECIFIED IN SECTION 10.2(A) YOU AND

THE COMPANY PARTIES HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS

TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and the Company

Parties are instead electing that all covered claims and disputes shall be resolved exclusively by arbitration

under this Arbitration Agreement, except as specified in Section 10.2(a) above. An arbitrator can award on

an individual basis the same damages and relief as a court and must follow these Terms as a court would.

However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very

limited review.

(f) Waiver of Class or Other Non-Individualized Relief. YOU AND COMPANY

AGREE THAT, EXCEPT AS SPECIFIED IN SUBSECTION 10.2(H) EACH OF US MAY BRING

CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS,

REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS

TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR

ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY

INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR

USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER

CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or

injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to

provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall

it, affect the terms and conditions under the Subsection 10.2(h) entitled “Batch Arbitration.”

Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a

final decision, not subject to any further appeal or recourse, that the limitations of this subsection, “Waiver

of Class or Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or

request for relief (such as a request for public injunctive relief), you and Company agree that that particular

claim or request for relief (and only that particular claim or request for relief) shall be severed from the

arbitration and may be litigated in the state or federal courts located in the State of Texas. All other

Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or

Company from participating in a class-wide settlement of claims.

(g) Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in

arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the

Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in

Federal Rule of Civil Procedure 11(b)). If you or Company need to invoke the authority of a court of

competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in

such action shall have the right to collect from the other party its reasonable costs, necessary

disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The

prevailing party in any court action relating to whether either party has satisfied any condition precedent to

arbitration, including the Informal Dispute Resolution Process, is entitled to recover their reasonable costs,

necessary disbursements, and reasonable attorneys’ fees and costs.

(h) Batch Arbitration. To increase the efficiency of administration and resolution of

arbitrations, you and Company agree that in the event that there are 100 or more individual Requests of a

substantially similar nature filed against Company by or with the assistance of the same law firm, group of

law firms, or organizations, within a 30 day period (or as soon as possible thereafter), the JAMS shall (1)

administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less

than 100 Requests left over after the batching described above, a final batch consisting of the remaining

Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a

single consolidated arbitration with one set of filing and administrative fees due per side per batch, one

procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award

(“Batch Arbitration”).

All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event

or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the

parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the JAMS, and

the JAMS shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process

(“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative

Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve

any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Company.

You and Company agree to cooperate in good faith with the JAMS to implement the Batch Arbitration process

including the payment of single filing and administrative fees for batches of Requests, as well as any steps to

minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to

assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the

arbitration proceedings.

This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass

arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances,

except as expressly set forth in this provision.

(i) 30-Day Right to Opt Out. You have the right to opt out of the provisions of this

Arbitration Agreement by sending an email to team@myo.fit, within 30 days after first becoming subject to

this Arbitration Agreement. Your notice must include your name and address and a clear statement that you

want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of

these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any

other arbitration agreements that you may currently have with us, or may enter into in the future with us.

(j) Invalidity, Expiration. Except as provided in the subsection entitled “Waiver of Class

or Other Non-Individualized Relief”, if any part or parts of this Arbitration Agreement are found under the

law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall

be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You

further agree that any Dispute that you have with Company as detailed in this Arbitration Agreement must

be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will

be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such

arbitration in the same manner as those statutes of limitation would apply in the applicable court of

competent jurisdiction.

(k) Modification. Notwithstanding any provision in these Terms to the contrary, we agree

that if Company makes any future material change to this Arbitration Agreement, you may reject that

change within 30 days of such change becoming effective by email to team@myo.fit. Unless you reject the

change within 30 days of such change becoming effective by writing to Company in accordance with the

foregoing, your continued use of the Site and the App and/or Services, including the acceptance of products

and services offered on the Site and the App following the posting of changes to this Arbitration Agreement

constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you

with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version

of these Terms and did not validly opt out of arbitration. If you reject any change or update to this

Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or

relating in any way to your access to or use of the Services or of the Site and the App, any communications

you receive, any products sold or distributed through the Site and the App, the Services, or these Terms, the

provisions of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any

subsequent changes to these Terms) remain in full force and effect. Company will continue to honor any

valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms.

10.3. Export. The Site and the App may be subject to U.S. export control laws and may be subject to

export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or

indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation

of the United States export laws or regulations.

10.4. Disclosures. If you are a California resident, you may report complaints to the Complaint

Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by

contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

10.5. Electronic Communications. The communications between you and Company use electronic

means, whether you use the Site and the App or send us emails, or whether Company posts notices on the

Site and the App or communicates with you via email. For contractual purposes, you (a) consent to receive

communications from Company in an electronic form; and (b) agree that all terms and conditions,

agreements, notices, disclosures, and other communications that Company provides to you electronically

satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing.

The foregoing does not affect your non-waivable rights.

10.6. Entire Terms. These Terms constitute the entire agreement between you and us regarding the use

of the Site and the App. Our failure to exercise or enforce any right or provision of these Terms shall not

operate as a waiver of such right or provision. The section titles in these Terms are for convenience only

and have no legal or contractual effect. The word “including” means “including without limitation”. If any

provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of

these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that

it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that

of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your

rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by

you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or

transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The

terms and conditions set forth in these Terms shall be binding upon assignees.

All trademarks, logos and service marks (“Marks”) displayed on the Site and the App are our property or

the property of other third parties. You are not permitted to use these Marks without our prior written

consent or the consent of such third party which may own the Marks.

10.8. Contact Information:

Email: team@myo.fit