TERMS AND CONDITIONS OF SERVICE

INTRODUCTION

Welcome to Blazing (“Blazing”, “We”, “Us”, “Our”) mobile device software application (the “Blazing Software”), website, and any other mobile or web services or applications owned, controlled, or offered by Blazing now or in the future (collectively, the “Blazing Services”). For clarity, any reference herein to “Blazing Services” includes the “Blazing Software.” Users who access, download, use, purchase and/or subscribe to the Blazing Services (collectively or individually “You” or “Your” or “User” or “Users”) must do so under the following Terms and Conditions of Service (this “Agreement”).

This Agreement provides the rules for your use of the Blazing Services — designed to create a safe, authentic, and law-abiding community for our users. By using the Blazing Services, you are agreeing to be bound by the terms of this Agreement, including our Privacy Policy, so it is important that you read this agreement carefully before you create an account. We may also update this Agreement from time to time, so please check back regularly for updates. In addition, please note that, by using the Blazing Services, you agree that we may use your personal data as set forth in Our Privacy Policy.

this agreement contains provisions that govern how disputes between you and us are resolved. in particular, the arbitration provision in that section will, with limited exceptions, require disputes between you and us to be submitted to binding and final arbitration, unless you opt out. in addition: (1) you will only be permitted to pursue claims against us on an individual basis, and not in any class or representative proceeding; and (2) you are waiving your right to seek relief in a court of law and to have a jury trial on your claims. please see section 22 for more information regarding this arbitration agreement, the possible effects of this arbitration agreement, and how to opt out of the arbitration agreement.

Please be aware that if you subscribe to Premium Services (as defined below), then the terms of your subscription will automatically renew at the end of your subscription period at Blazing’s then-current fee for such services, unless you cancel your subscription

We recommend that you save a copy of this Agreement for your records. You may receive a copy of this Agreement by emailing Us at:Blazing@cdyala.com, Subject: Terms of Service Agreement.

1. AGE RESTRICTIONS AND SAFETY.

1.1 NO USE BY UNDERAGE PERSONS. The Blazing Services are intended ONLY for legal adults. No persons under the age of eighteen (18) years (or twenty-one (21) years in places where eighteen (18) years is not the age of majority) should attempt, directly or indirectly, to view, download, possess, or otherwise use the Blazing services.

1.2 YOU MUST BE A LEGAL ADULT. By accepting this agreement, creating a user account (as defined below), and entering a date of birth for age verification purposes, you affirmatively represent and warrant that:

1.2.1 You are currently eighteen (18) years of age or over (or twenty-one (21) years in places where eighteen (18) years is not the age of majority);

1.2.2 You are capable of lawfully entering into and performing all the obligations set forth in this agreement;

1.2.3 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

1.2.4 You are not on any list of u.s. Government list of prohibited or restricted lists.

2. SAFETY; YOUR INTERACTIONS WITH OTHER MEMBERS; NO CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS.

Please note that Blazing does not control any of the things our users say or do. You are solely responsible for your use of the Blazing services and your interactions with other users (whether on or off the Blazing services). Blazing makes no representations or warranties as to the conduct, identity, intentions, legitimacy, or veracity of any users.

2.1 Blazing does not currently conduct criminal or other background screenings of our users. Blazing reserves the right to conduct any criminal background check or other screenings (such as sex offender registration searches) at any time and to use available public records for any purpose.

2.2 Blazing does not inquire into the backgrounds of our users or attempt to verify the information provided by our users in connection with account creation, including the accuracy of the date of birth reported for age verification purposes.

2.3 Blazing does not verify the information provided by users with respect to users’ identity, health, physical condition, or otherwise.

2.4 Blazing is a sex-positive platform. You acknowledge that you may receive access to user-generated content that could be considered objectionable in certain contexts.

2.5 You understand that Blazing is not responsible for activities or legal consequences of your use in locations which may attempt to criminalize or limit your personal interactions. You must make your own informed decisions about use of the application in your location and assess any potential consequences.

3. WARNING: IMPORTANT DISCLAIMER ABOUT LOCATION DATA.

3.1 As explained in our privacy policy, sophisticated users who use the Blazing app in an unauthorized manner, or other users who change their location while you remain in the same location, may use distance information to determine your exact location and may be able to determine your identity.

3.2 The Blazing services are intended only as personal, location-based services for individual use and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other application in which the failure or inaccuracy of that application or the Blazing services could lead directly to death, personal injury, or severe physical or property damage. Blazing is not suited or intended for family finding purposes, fleet tracking, or any other type of business or enterprise use. Other products exist today that may be used specifically for these purposes.

4. INTERNATIONAL USERS.

4.1 Use Outside the United States of America. The Blazing Services are controlled and offered by Blazing from the United States of America and, regardless of Your place of residence, Your use of them is governed by the law of the State of California, USA. Blazing makes no representations that the Blazing Services are appropriate for use in other locations or are legal in all jurisdictions. Those who access or use the Blazing Services from other locations do so at their own risk and are responsible for compliance with local law. You agree and acknowledge that You are transferring Your data for processing in the United States of America and other jurisdictions throughout the world that may not afford the same protections as your country of residence.

4.2 Special Terms. If You are a resident of certain countries, including those in the European Union and United Kingdom, You may have additional rights or certain parts of this Agreement may not apply to You if required by the law of Your jurisdiction. Please refer to the Special Terms for International Users for further detail.

4.3 English Language. In the event of a discrepancy between this English language version of this Agreement and any translated copies of this Agreement, the English version shall prevail.

5. YOUR ACCOUNT REGISTRATION; YOUR ACCOUNT USE.

5.1 Your Account Registration. If You create an account on any of the Blazing Services (a “User Account”) and submit information to Us, You must ensure that such information is accurate and promptly updated as necessary. For example, as set forth in Section 1.2, by accepting this Agreement and creating a User Account, You affirmatively represent and warrant that You are a legal adult and that You have entered your accurate date of birth for age verification purposes.

5.2 Accounts are for Your Personal, Individual Use Only. You may not use anyone else’s account at any time. You may not buy, sell, rent, or lease access to Your User Account or Your username without Our written permission. You will not share or otherwise transfer Your User Account or credentials.

5.3 Security of Your Account. You are entirely responsible for maintaining the confidentiality of Your password and account. You agree to notify Blazing immediately of any unauthorized use of Your account or any other breach of security.

5.3.1 You are responsible for taking all necessary precautions to ensure that any material you may obtain from Blazing is free of viruses or other harmful components.

5.3.2 Blazing is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.

5.4 We Have No Obligation to Retain a Record of Your Account. Blazing has no obligation to retain a record of Your account or any data or information that You may have stored for Your convenience by means of Your account or the Blazing Services. The Blazing Services are not intended for data storage. You are solely responsible for backing up your data (e.g., separately saving the contact information of individuals you meet through the Blazing Services).

6. PRIVACY POLICY.

Blazing takes user privacy and data security very seriously. We have a separate policy — the Privacy Policy — about our policies and practices that You should read. For information about how Blazing collects, uses, and shares your personal data, please check out our Privacy Policy. By using the Blazing Services, you agree that we may use your personal data as set forth in Our Privacy Policy.

7. SERVICE MODIFICATIONS.

We reserve the right, at Our discretion, to modify, add, or discontinue the Blazing Services or any portion thereof, at any time, for any reason, and without liability to You . However, We reserve the right to make such modifications, additions, or discontinuances without such notice if needed to comply with law, protect or enforce legal rights, or otherwise to address or prevent an emergency.

7.1 If We make material changes to the Premium Services that:

(a) reduce the functionality available to You on such Premium Service and (b) are mandatory (i.e., do not require You to update the Blazing Software to become effective); You may terminate Your account accordingly within ten (10) days of such modifications (as provided in Section 10.3) and receive a pro-rata refund for any amounts pre-paid, but unused for such Premium Services.

7.2 We reserve the right at any time to charge fees for access to all or portions of the Blazing Services and change any such pricing at any time provided that any changes will not affect the fees for any Premium Services that You have already paid for.

8. OUR OWNERSHIP; OUR PROPRIETARY RIGHTS.

The Blazing Services are owned and operated by Blazing. The Blazing Services, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, including the mobile device applications, and all other elements of the Blazing Services (collectively, the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained in the Blazing Services are the property of Blazing or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on the Blazing Services are proprietary to Blazing or its affiliates and/or third-party licensors. Except as expressly authorized by Blazing under this Agreement, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise use the Materials.

9. GUIDELINES OF YOUR USE; USAGE RULES; PROHIBITED CONDUCT & USES.

9.1 WE MAY DELETE YOUR SUBMISSIONS AND WE MAY BAN YOUR ACCOUNT. Blazing may require that You delete, or Blazing may delete, any User Content (as defined below) at any time for any reason, or no reason whatsoever. Any violation of the Guidelines or this Agreement by Your User Content, as determined by Blazing, may result in Your User Account being banned and may lead to the termination of Your access to the Blazing Services.

9.2 YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS REGARDING PROHIBITED CONDUCT AND USES:

9.2.1 You will NOT use the Blazing Services if You are not a legal adult; You will NOT communicate with another user that You know or believe may not be a legal adult; and You will immediately report any underage profiles on the Blazing Services;

9.2.2 You will NOT engage in any behavior that violates the Guidelines or other policies applicable to the Blazing Services;

9.2.3 You will NOT use the Blazing Services or any information displayed within the Blazing Services to “stalk,” harass, abuse, defame, threaten, defraud, or otherwise mistreat other Users;

9.2.4 You will NOT violate the privacy or other rights of Users, or collect, attempt to collect, store, or disclose without permission the location or personal information about other Users;

9.2.5 You will NOT include obscene, offensive, pornographic, or violent materials, or materials that may otherwise offend human dignity (including, for example, language that could be deemed discriminatory towards an individual’s race, color, ethnicity, national origin, disability, sexual orientation, gender expression, gender identity, or physical appearance) on Your Blazing Services personal profile page;

9.2.6 You will NOT use the Blazing Services for any commercial or non-private use, such as the sale or advertisement of goods or services, attempts to conduct surveys through the Blazing Services, solicitation for services, or providing links to other websites or premium line telephone numbers; You will use the Blazing Services for personal, non-commercial use only in the manner and for the purposes that We intend;

9.2.7 You will NOT use the Blazing Services for the commission or encouragement of any illegal purpose, or in violation of any local, state, national, or international law, including laws governing criminal acts, prohibited or controlled substances, intellectual property and other proprietary rights, data protection and privacy, and import or export control;

9.2.8 You will NOT include material on Your personal profile page which contains video, audio, photographs, or images of any person under the age of eighteen (18) at all or any person over the age of eighteen (18) without his or her express permission;

9.2.9 You will NOT make unsolicited offers, advertisements, proposals, or send junk mail to other Users of the Blazing Services. This includes unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures, surveying or requests to participate in surveys or studies;

9.2.10 You will NOT impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Blazing User Accounts of other Users;

9.2.11 You will NOT misrepresent the source, identity or content of information transmitted via the Blazing Services;

9.2.12 You will NOT display the Blazing application or profile data on any external display or monitor or in any public setting;

9.2.13 You will NOT remove, circumvent, disable, damage or otherwise interfere with security-related features of the Blazing Services, features that prevent or restrict use or copying of any content accessible through the Blazing Services, or features that enforce limitations on use of the Blazing Services;

9.2.14 You will NOT intentionally interfere with or damage operation of the Blazing Services or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;

9.2.15 You will NOT post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, defamatory, libelous, offensive, obscene, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically or otherwise offensive to any group or individual, intentionally misleading, false, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;

9.2.16 You will NOT post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other rights of any person;

9.2.17 You will NOT use the Blazing Services with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, or otherwise capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management, or similar applications;

9.2.18 You will NOT use the Blazing Services in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the Blazing Services could lead to death, personal injury, or physical or property damage;

9.2.19 You will NOT attempt to gain unauthorized access to the Blazing Services, or any part of it, other accounts, computer systems or networks connected to the Blazing Services, or any part of it, through hacking, password mining or any other means, or interfere or attempt to interfere with the proper working of the Blazing Services or any activities conducted on the Blazing Service;

9.2.20 You will NOT probe, scan, or test the vulnerability of the Blazing Services or any system or network; use any robot, spider, scraper or other automated means to access the Blazing Services for any purpose without Our express written permission; bypass Our robot exclusion headers or other measures that We may use to prevent or restrict access to the Blazing Services; modify the Blazing Services in any manner or form; use or develop any application or other product that interacts with the Blazing Services or provides access to other Users’ content or information without Our written permission; or use modified versions of the Blazing Services, including for the purpose of obtaining unauthorized access to the Blazing Services; and

9.2.21 You will NOT interfere with anyone’s ability to use or enjoy the Blazing Service, or aid or encourage any activity prohibited by this Agreement.

10. PREMIUM SERVICES; PURCHASES.

10.1 Premium Services. Certain Services, may be available only through creation of a User Account and payment of a fee (“Premium Services”). Through such accounts, You will have access to such Premium Services for a fixed term, which will automatically renew. The term, renewal period, and the total cost of each Premium Services offering will be provided within the Blazing Services or otherwise where the Premium Services are offered.

10.2 Premium services automatically renew. Premium services automatically renew continuously at the end of your subscription period, and your payment method will be charged the then-current renewal price (plus applicable taxes) automatically, without any additional action by you. You acknowledge and agree that the premium services automatically renew unless you cancel them or we suspend or terminate them in accordance with this agreement.

10.3 Cancellation policy. You may cancel your premium services at any time, subject to the terms of this agreement. In order to cancel, you must follow the instructions given in the Blazing services. There are no cancellation fees. Instructions for cancelling premium services are set forth herein or by emailing Blazing@cdyala.com.

10.4 Trial Premiums. Access to Blazing Premium Services may from time to time be made available on a time-limited free trial basis (a “Trial” or “Trial Premiums”). Please note that this Agreement also applies to any Trial. You may be asked to provide Your credit or debit card information when registering for a Trial. In such event, Your credit or debit card will only be charged if You do not cancel Your Trial before the end of the Trial period. If We ask for Your credit or debit card information and You do not affirmatively cancel before the end of the Trial, then Your Trial may be converted into a paid subscription and Your credit or debit card may be charged the subscription fee in effect at the time Your Trial first began. Trial Premiums are not available to former Users of Premium Services or Users who have previously received a free trial and cancelled it prior to paying for Premium Services.

10.5 Purchases. We reserve the right to correct errors (whether by changing information on the Blazing Services or by informing You of the error and giving You an opportunity to cancel Your order) or to update information at any time without notice. We may grant or deny cancellation requests for individual orders in Our sole and absolute discretion. All sales are final.

10.6 Payments Are Non-Refundable. Unless expressly provided otherwise in this Agreement (including Section 25 where You are a resident in certain states in the United States and the Special Terms where You are a resident of certain countries), any and all payments made to Blazing are final and all charges are nonrefundable. Cancellations are effective the following billing period in which payment is due, except as otherwise expressly provided in this Agreement.

10.7 Taxes. Unless specified otherwise at the time of purchase, all payments to Blazing are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You are responsible for payment of all such taxes, levies, or duties.

10.8 Microtransactions. From time to time, You may be able to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to certain add-on features for use solely in the Blazing Services (collectively, “Microtransactions”). Blazing reserves the right to charge fees, in its sole discretion, for the right to access or use add-on features and/or may distribute add-on features with or without charge. Blazing may manage, regulate, control, modify or eliminate Microtransactions and/or add-on features at any time. Any add-on feature balance shown in Your User Account does not constitute a real-world balance or reflect any stored value but instead constitutes a measurement of the extent of Your license. Add-on features do not incur fees for non-use; however, the license granted to You from Microtransactions will terminate in accordance with the terms of this Agreement when We cease providing the Blazing Services or Your User Account is otherwise closed or terminated. Blazing shall have no liability to You or any third party in the event that Blazing exercises any such rights. The provision of add-on features for use in the Blazing Services is a service that commences immediately upon the acceptance of such Microtransactions. All microtransactions made through the Blazing services are final and non-refundable. You acknowledge that Blazing is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused add-on features when an account is closed, whether such closure was voluntary or involuntary.

11. YOUR USAGE.

11.1 You acknowledge that some of the Blazing Services may only be accessed by downloading the Blazing Software to a mobile device. You will not have the opportunity to view Your User Content (including chat) unless You have downloaded the Blazing Software and registered an account.

11.2 Blazing reserves the right, but has no obligation, to monitor any user’s use of the Blazing services, including a user’s registration or messaging, as well as a user’s use of or access to the location information and profiles of other users. Accordingly, Blazing also reserves the right to (a) disable any user’s use of or access to the Blazing services, including the location information or profiles of other users or (b) terminate any user’s account, for any reason and without any notice or our being liable to you. Refunds will only be given where expressly provided in this agreement.

11.3 You alone are responsible for your involvement with other Users and for all content and material that You provide to the Blazing Services. You agree that Blazing will not be responsible for any loss or damage incurred as the result of any such interactions. Blazing reserves the right, but has no obligation, to monitor disagreements between You and other Users.

11.4 Blazing does not control the content of User Accounts and profiles. Blazing has the right, but does not have any obligation, to monitor such content for any purpose. You acknowledge that You are solely responsible for all content and material that You provide to the Blazing Services.

12. OUR REFUSAL OR SUSPENSION OF YOUR SERVICE.

12.1 You may terminate Your Account at any time for any reason, by following the instructions given in the Blazing Services.

12.2 If You have a User Account set up for recurring billing for a Premium Service, You may cancel Your User Account at any time. You will continue to have the same access for any billing period or periods for which You have paid.

12.3 Blazing may suspend or terminate any User Account You have with the Blazing Services or Your access to or use of the Blazing Services or any portion thereof, if Blazing believes that Your profile content or Your conduct within the Blazing Services violates Our Terms of Service or you have otherwise breached this Agreement, or for any other reason, in its sole discretion. Blazing may also remove and discard all or any part of Your User Account or any User Content (as defined below), at any time. You agree that any termination of Your access to the Blazing Services or any User Account You may have or portion thereof may be effected without prior notice ， and You agree that Blazing will not be liable to You or any third party for any such termination and refunds will only be given where expressly provided in this Agreement . For example, We may deactivate Your User Account due to prolonged inactivity. Without limitation of our other rights, We reserve the right to delete all Your User Content from the Blazing Services upon any termination or cancellation of Your User Account. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of Your use of the Blazing Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Blazing may have at law or in equity.

12.4 If you have paid for a Premium Service, Blazing will give you at least 30 days’ notice of termination of Your access to the Blazing Services or any User Account unless Your profile content or Your conduct within the Blazing Services violates Our Terms of Service or You have otherwise breached this Agreement, in which case Blazing may suspend or terminate Your access to the Blazing Services or any User Account immediately.

12.5 If You have paid for a Premium Service and Blazing terminates Your access to the Blazing Services or any user Account, Blazing will give a pro-rata refund for any amounts pre-paid, but unused for such Premium Services; provided that if Blazing terminates Your access to the Blazing Services or any User Account because You have violated Our Terms of Service, Blazing will be entitled to retain the amounts that You paid for the Blazing Services. But where required by law (such as in the UK), Blazing will only retain an amount to cover all costs and other losses it incurs as a result of the violation or breach, which may still mean that no refund is payable.

12.6 You acknowledge and agree that Google, Apple, or another third-party platform provider (as applicable, based on the device and operating system You use) may be the merchant of record for transactions involving the Blazing Services. As such, you may need to request any refund to which You are entitled under this Agreement through the App Store, Google Play, or other third-party platform (as applicable).

12.7 If You believe that Blazing has suspended or terminated Your User Account in error, You may contact Us at Blazing@cdyala.com at any time.

13. USER CONTENT.

13.1 The Blazing Services allow the submission of content and materials (such as pictures, ideas, notes, concepts, or creative suggestions) by You and other Users to Blazing and other Users (“User Content”), and the hosting, sharing and/or publishing of such User Content with Blazing and other Users.

13.2 You are solely responsible for Your own User Content, the consequences of posting or publishing User Content, and for Your interactions with other users.

13.3 In connection with User Content, You represent and warrant that: (i) You own, or have the necessary licenses, rights, consents, and permissions to use, and authorize Blazing to use, all intellectual property and any other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Blazing Services and this Agreement; and (ii) You have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Blazing Services and this Agreement. For clarity, You shall retain all of Your ownership rights in Your User Content.

13.4 You understand that when using the Blazing Services, You will be exposed to User Content from a variety of sources, and that Blazing is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable.

13.5 Blazing assumes no responsibility whatsoever in connection with or arising from User Content. Blazing assumes no responsibility for actively monitoring User Content for inappropriate content. If at any time Blazing chooses, in its sole discretion, to monitor User Content, Blazing nonetheless assumes no responsibility for the content of the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting User Content. Further, Blazing does not endorse and has no control over the content of User Content submitted by other Users. Blazing makes no warranties, express or implied, as to the content of User Content or the accuracy and reliability of any User Content. Nonetheless, Blazing reserves the right to prevent You from submitting User Content and to edit, restrict or remove User Content for any reason at any time.

13.6 User Content is owned by the User who submitted it, subject to Blazing’s license to such User Content under this Agreement. You may not share, display or duplicate the User Content of any other party, except as permitted under this Agreement.

13.7 You hereby grant, and You represent and warrant that You have the right to grant, to Blazing 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, (through unlimited tiers of sublicenses), solely for the purposes of including Your User Content in the Blazing Services and as otherwise permitted by this Agreement. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to Your User Content. You also hereby grant to Blazing, in connection with a sale of Blazing or the assets of Blazing, the right to sell or transfer the User Content to a third party. Please see Our Privacy Policy for additional information about the use, collection, or sharing of Your information, including User Content.

13.8 If You provide Blazing with any feedback or suggestions regarding the Blazing Services (“Feedback”), You hereby grant Blazing the perpetual, irrevocable, worldwide license (with the right to sublicense) to use such Feedback and related information in any manner it deems appropriate. Blazing will treat any Feedback You provide to Blazing as non-confidential and non-proprietary to You. Blazing will have no obligation under any circumstances to compensate You for any Feedback. You agree that You will not submit to Blazing any information or ideas that You consider to be confidential or proprietary, or for which You expect to be compensated.

14. THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS.

14.1 The Blazing Services may include links to other web sites or services, whether through advertising or otherwise, (“Third-Party Websites”) solely as a convenience to Users. Blazing does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, Blazing makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at Your own risk. We do not control these Third-Party Websites and this Agreement does not apply to companies that Blazing does not own or control, or to the actions of people that Blazing does not employ or manage. You should always check the terms of use posted on Third-Party Websites.

14.2 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Blazing Services are solely between You and such advertiser. You agree that Blazing will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Blazing Services.

14.3 Parties other than Blazing may provide services or sell products via the Blazing Services. We are not responsible for examining or evaluating, and We do not warrant the offerings of, any of these businesses or the content of their product and service offerings. Blazing does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review the third parties’ privacy statements and other terms and conditions of use.

14.4 By Your use of third-party applications that connect with the Blazing Services (“Third-Party Applications”), You acknowledge and agree that Blazing may transmit User Content to Third-Party Websites or Third-Party Applications through application protocol interfaces developed and maintained by those Third-Party Websites or Third-Party Applications. Blazing is not responsible for the transmission of the User Content from the Blazing Services to Third-Party Websites or Third-Party Applications, nor the use of the User Content on any Third-Party Websites or Third-Party Applications. You should review the terms of service and privacy policies of any Third-Party Websites or Third-Party Applications. Please remember the way Third-Party Applications use, store, and disclose your information is governed solely by the policies of those Third-Party Applications, and we have no liability or responsibility for the privacy practices or other actions of any third-party website or service that may be enabled within the Services. Blazing is not responsible for and does not endorse any features, content, or other materials on or available from Third-Party Sites or Third-Party Applications. Blazing also does not screen, audit, or endorse Third-Party Sites or Third-Party Applications. Accordingly, if You decide to access Third-Party Sites or Third-Party Applications, You do so at Your own risk and agree that Your use of any Third-Party Sites or Third-Party Applications is on an “as-is” basis without any warranty as to the Third-Party Sites or Third-Party Applications’ actions, and that this Agreement does not apply to Your use of any Third-Party Sites or Third-Party Applications.

14.5 You acknowledge and agree that Blazing may incorporate Your User Content and location information for User Accounts from the Blazing Services with third-party information sources and third-party applications in the provisioning of the Blazing Services.

14.6 To the extent that any of Your User Content contains Your personal data (as defined in the Privacy Policy), any transfer of such personal data will be subject to Out Privacy Policy and the Third-Party's privacy policy.

15. ADVERTISING.

Blazing and its licensees may publicly display advertisements and other information adjacent to Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice or Our being liable to You.

16. END USER LICENSES.

16.1 Mobile Device. To use the Blazing Software You must have a mobile device that is compatible with the Blazing Services. Blazing does not warrant that the Blazing Services will be compatible with Your mobile device. You are responsible for any mobile charges that You may incur for using the Blazing Services, including text-messaging, roaming charges, and data charges. If You are unsure about the charges that will apply, please contact Your mobile service provider before using the Blazing Services.

16.2 License Grant. Subject to Your compliance with the terms of this Agreement, Blazing hereby grants You a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Blazing Software for Your Account on a mobile device owned or leased solely by You, for Your personal, noncommercial use and (ii) use the Blazing Services (other than the Blazing Software) for Your personal, noncommercial use for the use intended by Blazing, as publicly communicated by Blazing from time to time.

16.3 Restrictions. You may NOT:

A. modify, disassemble, decompile or reverse engineer the Blazing Services or any technology made available in connection with the Blazing Services, except to the extent that such restriction is expressly prohibited by law without possibility of contractual waiver;

B. rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Blazing Services to any third party or use the Blazing Services to provide time sharing or similar services for any third party;

C. make any copies of the Blazing Services;

D. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Blazing Services, features that prevent or restrict use or copying of any content accessible through the Blazing Services, or features that enforce limitations on use of the Blazing Services;

E. create extensions of, products related to, or that interoperate with, the Blazing Services, except to the extent that such restriction is expressly prohibited by law without possibility of contractual waiver;

F. delete the copyright and other proprietary rights notices on the Blazing Services.

16.4 Upgrades. You acknowledge that Blazing may from time-to-time issue upgraded versions of the Blazing Services, and may automatically electronically upgrade the version of the Blazing Services that You are using on Your mobile device or otherwise. You consent to such automatic upgrading on Your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. You agree that Blazing will not be liable to You for any such upgrades.

16.5 Open Source. To the extent that the Blazing Services utilize any open source or third-party code that may be incorporated in the Blazing Services, such open source or third-party code is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.

16.6 Rights Reserved. The foregoing license granted under this Agreement is not a sale of the Blazing Services or any copy thereof and Blazing or its third-party partners or suppliers retain all right, title, and interest in the Blazing Services (and any copy thereof). Any attempt by You to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Blazing reserves all rights not expressly granted under this Agreement.

16.7 Trademarks, Service Marks and Logos. The names and logos associated with the Blazing Services are the property of Blazing. No use of these marks is permitted except through the prior written authorization and permission of Blazing. All rights reserved.

16.8 Export Control. The Blazing Services originate in the United States and are subject to United States export laws and regulations. The Blazing Services may not be exported or re-exported by You to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Blazing Services may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Blazing Services.

16.9 App Stores. You acknowledge and agree that the availability of the Blazing Services is dependent on the third party from which You received the Blazing Services, e.g., the Google Play Store or Apple App Store (each, an “App Store”). You acknowledge that this Agreement is between You and Blazing and not with the App Store. Each App Store may have its own terms and conditions to which You must agree before downloading the Blazing Services from it. You agree to comply with, and Your license to use the Blazing Services is conditioned upon Your compliance with, all applicable terms and conditions of the applicable App Store.

17. OUR DISCLAIMERS; NO WARRANTIES TO YOU.

17.1 Certain state, provincial, and national laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

17.2 The Blazing services and any software, services, or applications made available in conjunction with or through the Blazing services are provided, to the fullest extent permitted by law, “as is”, “as available”, and “with all faults”, and without warranties of any kind either express or implied. Blazing, and its suppliers, affiliates, and licensors, disclaim all warranties, express or implied, including implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.

17.3 Blazing and its suppliers and licensors, do not warrant that the functions contained in the Blazing services will be uninterrupted or error-free, that defects will be corrected, or that the Blazing services or the server that makes them available are free of viruses or other harmful components.

17.4 Blazing and its suppliers and licensors (including Blazing’s third-party wireless carrier licensors) do not warrant or make any representations regarding the use or the results of the use of any location information or the other Blazing services in terms of security, safety, correctness, accuracy, reliability, or otherwise. You (and not Blazing or its suppliers or licensors) assume the entire cost of any necessary services or equipment necessary to access the Blazing services. You understand and agree that you download or otherwise obtain material or data through the use of the Blazing services at your own discretion and risk.

17.5 Blazing takes no responsibility for any content that you or another member or third party posts, sends or receives through the Blazing services. Any material downloaded or otherwise obtained through the use of the Blazing services is accessed at your own discretion and risk.

17.6 Blazing disclaims and takes no responsibility for any conduct of you or any other member, on or off the Blazing services.

18. LIMITATION OF OUR LIABILITY AND OF YOUR DAMAGES.

18.1 Certain state, provincial, and national laws do not allow limitations on liability. If these laws apply to you, some or all of the provisions below may not apply to you. Please refer to the special terms for certain exceptions for such users.

18.2 You acknowledge and agree that, to the fullest extent permitted by applicable law, under no circumstances, including negligence, will Blazing (which includes, for purposes of this section 19, its affiliates, contractors, employees, agents, or third-party licensors or suppliers) be liable to you for any special, indirect, incidental, punitive, reliance, consequential, or exemplary damages related to or resulting from: (a) your use of the Blazing services; (b) our disclosure, display, or maintenance of your location information; (c) your use or inability to use the Blazing services; (d) the Blazing services generally (including the Blazing software) or systems that make the Blazing services available; or (e) any other interactions with Blazing or any other user of the Blazing services, even if Blazing or a Blazing authorized representative has been advised of the possibility of such damages. You agree that the limitations of liability set forth in this section will survive any termination or expiration of this agreement and, to the extent permitted by law, will apply even if any limited remedy specified herein is found to have failed of its essential purpose.

18.3 In no event shall Blazing’s (or its affiliates’, contractors’, employees’, agents’, suppliers’, or third-party licensors’ or suppliers’) total liability to you for all damages, losses, and causes of action arising out of or relating to this agreement or your use of the Blazing services (whether in contract, tort (including negligence), warranty, or otherwise) exceed the amounts paid by you for accessing the Blazing services during the twelve (12) months immediately preceding the date of your claim or fifty dollars, whichever is greater.

19. YOU ACKNOWLEDGE THE BENEFIT OF THE BARGAIN WITH BLAZING.

You acknowledge and agree that Blazing has offered the Blazing services, set its prices, and entered into this agreement in reliance upon the warranty disclaimers and the limitations of liability set forth above. You further acknowledge and agree that the warranty disclaimers and the limitations of liability set forth in this agreement reflect a reasonable and fair allocation of risk between you and Blazing, and that the warranty disclaimers and the limitations of liability set forth in this agreement form an essential basis of the bargain between you and Blazing. Blazing would not be able to provide the Blazing services to you on an economically reasonable basis without these limitations and disclaimers.

20. YOU RELEASE US.

To the fullest extent permitted by applicable law, You hereby release and forever discharge Us (and Our affiliated companies, contractors, employees, agents, suppliers, licensors, 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, emotional distress, identity theft, death, property loss and damage, or any right of contribution, indemnification, or subrogation), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to:

20.1 Your access to, use of, or misuse of the Blazing Services (including Your use or misuse of any location data);

20.2 User Content;

20.3 Your interactions with other users on the Blazing Services or off of the Blazing services (including any violation by You of the rights of any other person or entity);

20.4 Your breach of this Agreement or any other policies governing the Blazing Services, including the Guidelines; or

20.5 Any third-party site, products, services, and links included on or accessed through the Blazing Service.

21. RESOLVING OUR DISPUTES; AGREEMENT TO ARBITRATE.

Please read the following arbitration provision in this carefully. this arbitration provision requires you to arbitrate disputes with Blazing and limits the manner in which you seek relief from us.

21.1 You and Blazing agree that any dispute that has arisen or may arise between us relating in any way to Your use of or access to the Blazing Services, any validity, interpretation, breach, enforcement, or termination of this Agreement, or otherwise relating to Blazing in any way (collectively, “Covered Dispute Matters” or “Disputes”) will be resolved in accordance with the provisions set forth in this Section 22.

21.2 Informal Resolution. You and Blazing agree that good faith, informal efforts to resolve Disputes can result in a prompt, low-cost, and mutually-beneficial outcome. You and Blazing 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 provision (“Informal Dispute Resolution Conference” or “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 a Conference (“Notice”), which shall occur within forty-five (45) days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to Blazing that You intend to initiate a Conference should be sent by email to Blazing@cdyala.com. The Notice must include: (1) Your name, phone number, mailing address, and the email address associated with Your User Account (if You have one); (2) the name, telephone number, mailing address and email address of Your counsel, if any; and (3) a description of Your Dispute. The 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 Conference unless all parties agree. In the time between a party receiving the Notice and the Conference, nothing in this arbitration provision shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the 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 Conference process required by this section.

21.3 Applicable Law. You and We agree that United States federal law .

21.4 Our Arbitration. You and We agree that this provision and each of its parts evidence a transaction involving interstate commerce, and the FAA applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any Covered Dispute Matter must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (including utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel)

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, email address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable User 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 Information Dispute Resolution process as 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.

The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Unless you and Blazing otherwise agree, the arbitration will be conducted in the county where you reside. You and We agree that the arbitrator, and not any federal, international, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement, including any claim that all or any part of this Agreement is void or voidable or a particular claim is subject to arbitration, except for the following: (1)all disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (2) 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 (3) all disputes about which version of the arbitration provision applies shall be decided only by a court of competent jurisdiction and not by an arbitrator.

21.5 The Arbitrator’s Award to You or Us. You and We agree that for matters where the relief sought is over $5,000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Users, but is bound by rulings in prior arbitrations involving the same Blazing User to the extent required by applicable law. You and We agree that the arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

21.6 Injunctive and Declaratory Relief. Subject to this Arbitration provision, 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.” 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 and 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 Blazing 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 California. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent You or Blazing from participating in a class-wide settlement of claims.

21.7 Exceptions To Our Agreement To Arbitrate Disputes. There are only two exceptions to this provision to arbitrate:

21.7.1 First, if either party reasonably believes that the other party has in any manner violated or threatened to infringe the intellectual property rights of the other party, the party whose rights have been violated may seek injunctive or other appropriate interim relief in any court of competent jurisdiction.

21.7.2 Second, each party will retain the right to seek relief in a small claims court for disputes or claims within the scope of the jurisdiction of such courts.

21.8 Costs of Arbitration. You and We agree that payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this provision to arbitrate. 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 for arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

21.9 Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, You and Blazing agree that in the event that there are one hundred (100) or more individual requests for arbitration of a substantially similar nature filed against Blazing by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the AAA 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”).

21.10 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 AAA, and the AAA 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 Blazing.

21.11 You and Blazing agree to cooperate in good faith with the AAA 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.

21.12 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 subsection.

21.13 Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in this Agreement to the contrary, You and We agree that if We make any amendment to this agreement to arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Blazing prior to the effective date of the amendment. However, the amendment shall apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between You and Blazing. If You do not agree to these amended terms, You may close Your User Account within thirty (30) days of the posting or notification and You will not be bound by the amended terms. 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 this Agreement and did not validly opt out of arbitration.

21.14 Venue for Arbitration. Any arbitration instituted pursuant to these Terms shall be held in Los Angeles County or such other place as the Parties may mutually agree, including via video conference.

21.15 Judicial Forum for Legal Disputes. Unless You and We agree otherwise and except as described in Section 22.2 (Small Claims Court), in the event that the agreement to arbitrate above is found not to apply to You or to a particular claim or dispute, either as a result of Your decision to opt out of the agreement to arbitrate, as a result of a decision by the arbitrator or a court order, or because You are an international user to which this agreement to arbitrate does not apply, You agree (except as otherwise provided by law) that any claim or dispute that has arisen or may arise between You and Blazing must be resolved exclusively by a state or federal court located in Los Angeles County, California. You and Blazing agree to submit to the exclusive personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.

21.16 Arbitration Severability Clause. If any part or parts of this Arbitration Provision 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 will remain in full force.

21.17 You may opt-out of arbitration. If you are a new Blazing user, you can choose to reject the agreement to arbitrate provision (“opt-out”) by emailing us an opt-out notice to Blazing@cdyala.com (“opt-out notice”). The opt-out notice must be received within thirty-one (31) days after the date you accept the terms of this agreement for the first time. If you are not a new Blazing user, you have until thirty-one (31) days after the posting of the new terms to submit an arbitration opt-out notice.

21.18 Arbitration Opt-Out Procedure. In order to opt-out, within thirty-one (31) days after you accept the terms of this agreement for the first time, You must email Your legal name, mailing address (including street address, city, state, and zip code), email address(es) associated with Your Account(s) to which the opt-out applies, and an unaltered digital image of Your valid driver’s license to: Blazing@cdyala.com. This procedure is the only way You can opt out of the agreement to arbitrate. If You opt out of the agreement to arbitrate, all other parts of this Agreement and this Disputes Section (including Sections 20 (You Acknowledge the Benefit of the Bargain with Blazing) and 15 through 19 (15 -Advertising; 16 – End User Licenses; 17 – Our Disclaimers; No Warranties to You, 18 – Your Indemnification of Us; You Hold Blazing Harmless, and 19 – Limitation of our Liability and of Your Damages)) will continue to apply to You. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that You may have with Us.

21.19 WAIVER OF CERTAIN RIGHTS. By agreeing to this agreement, you and Blazing hereby irrevocably waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury (other than small claims court as provided above. You also agree that you cannot serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit, arbitration or other proceeding filed against us and/or related third parties, even if arbitration is not required under this agreement except as specified in subsection 9 of this section above. You and Blazing are instead electing that all disputes shall be resolved by arbitration under this arbitration provision, except as specified in subsection 9 above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. This subsection does not prevent you or Blazing from participating in a class-wide settlement of claims.

21.20 STATUTE OF LIMITATIONS FOR YOUR CLAIMS. You and Blazing further agree that any Dispute that either has 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.

22. NOTICE AND TAKEDOWN POLICY.

22.1 Blazing respects intellectual property rights and expects its Users to do the same. Blazing will promptly terminate without notice the accounts of Users that are determined by Blazing to be “repeat infringers.” A repeat infringer is a User who has been notified by Blazing of infringing activity violations more than twice and/or who has had a User Content removed from the Blazing Services more than twice. (Note that we reserve the right to terminate accounts for a single infringement as well pursuant to Section 8)

22.2 If You are a copyright owner or an agent thereof, and You believe that any content hosted on any Blazing Services infringes Your copyrights, then You may submit a notification by providing Blazing’s Designated Copyright Agent with the following information in writing:

22.2.1 A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

22.2.2 Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the applicable Blazing Services are covered by a single notification, a representative list of such works on the applicable Blazing Services;

22.2.3 Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Blazing to locate the material;

22.2.4 Information reasonably sufficient to permit Blazing to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;

22.2.5 A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, “I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law.”); and

22.2.6 A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.”).

22.2.7 Blazing’s Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:

YalaYala Technology Co., Ltd.

Email: Blazing@cdyala.com

23. APPLE APP STORE ADDITIONAL TERMS AND CONDITIONS.

The following additional terms and conditions apply to You if You are using Blazing Software from the Apple App Store. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 24, the more restrictive or conflicting terms and conditions in this Section 24 apply, but solely with respect to Blazing Software from the Apple App Store:

23.1 Acknowledgement. Blazing and You acknowledge that this Agreement is concluded between Blazing and You only, and not with Apple, and that Blazing, not Apple, is solely responsible for Blazing Software and the content thereof. To the extent this Agreement provides for usage rules for Blazing Software that are less restrictive than the Usage Rules set forth for Blazing Software in, or otherwise is in conflict with, the Apple App Store Terms of Service, the more restrictive or conflicting Apple term applies.

23.2 Scope of License. The license granted to You for Blazing Software is limited to a non-transferable license to use Blazing Software on an iOS product that You own or control and as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.

23.3 Maintenance and Support. Blazing is solely responsible for providing any maintenance and support services with respect to Blazing Software, as specified in this Agreement (if any), or as required under applicable law. Blazing and You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Blazing Software.

23.4 Warranty. Blazing is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of Blazing Software to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for Blazing Software to You; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Blazing Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Blazing’s sole responsibility.

23.5 Product Claims. Blazing and You acknowledge that Blazing, not Apple, is responsible for addressing any claims of You or any third party relating to Blazing Software or Your possession and/or use of Blazing Software, including: (i) product liability claims; (ii) any claim that Blazing Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit Blazing’s liability to You beyond what is permitted by applicable law.

23.6 Intellectual Property Rights. Blazing and You acknowledge that, in the event of any third-party claim that Blazing Software or Your possession and use of Blazing Software infringes that third party’s intellectual property rights, Blazing, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

23.7 You must comply with applicable third-party terms of agreement when using Blazing Software.

23.8 Third-Party Beneficiary. Blazing and You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon Your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third-party beneficiary thereof.

24. SPECIAL STATE TERMS REGARDING YOUR RIGHT TO CANCEL.

The following provisions are added to this Agreement for paid subscription Users residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New Jersey, New York, North Carolina, Ohio, Rhode Island, Wisconsin, or any other state with laws which may require notice of cancellation rights: You, the buyer, may cancel this Agreement, without any penalty or obligation, at any time prior to midnight of the original contract seller’s third business day following the date of this contract, excluding Sundays and holidays. To cancel this Agreement, mail or deliver a signed and dated notice which states that You, the buyer, are canceling this Agreement, or words of similar effect. This notice shall be sent to the following address along with the email address or phone number used to create your Blazing account:

25. For subscriptions purchased through the Apple App Store or the Google Play Store, you will also need to access your account with that store and follow instructions to change or cancel your subscription.

26. In the event that You die before the end of Your paid subscription period, Your estate shall be entitled to a refund of that portion of any payment You had made for Your paid subscription which is allocable to the period after Your death. In the event that You become disabled (such that You are unable to use the paid subscription and the condition is verified in writing by a physician) before the end of Your paid subscription period, You shall be entitled to a refund of that portion of any payment You had made for Your subscription which is allocable to the period after Your disability, by providing Blazing notice at the same address as listed above.

27. MISCELLANEOUS PROVISIONS.

27.1 Severability, Waiver of Agreement Provisions. You and We agree that if any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.

27.2 Updates To Agreement: The latest version of these Terms will always be available at https://bn.cdyala.com/serv_bof/index.htm and will govern Your use of the Blazing Services. Blazing may revise this Agreement from time to time. If Blazing determines, in its sole discretion, that the changes We make to this Agreement are material, We will notify You in advance (e.g., within the App or via email).

27.3 Notices. Blazing may provide You with notices, including those regarding changes to this Agreement, by email or postings on the Blazing Services. You hereby consent to the use of electronic communications. To give Blazing notice, you may do so through the physical and email addresses provided and such notice will be effective upon receipt.

27.4 You May Not Assign, But Blazing May. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You. However, Blazing may at any time and for any reason transfer or assign without restriction this Agreement and the obligations contained in the Agreement to a third party. You hereby acknowledge and agree that if another company acquires Our company, business, or Our assets, that transaction may include a sale or transfer of Your User Content, and You agree to such transfer without further action or confirmation.

27.5 No Third-Party Beneficiaries. Blazing’s past, present, and future affiliates (i.e., companies controlling, controlled by, or under common control with Blazing) are third-party beneficiaries of all the rights, protections, and benefits afforded Blazing under this Agreement, including Section 21. Otherwise, there are no third-party beneficiaries to this Agreement.

27.6 Headings; Entire Agreement. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions hereof. The word “including” means “including without limitation.” This Agreement is the entire agreement between You and Us relating to the subject matter herein and shall not be modified except in writing, agreed to by both parties.

27.7 Our Disclosures; Your Inquiries. The services hereunder are offered by YalaYala Technology Co., Ltd.,. If you have a question or complaint, you may reach us at the address above or at: Blazing@cdyala.com.

Effective Date: The earlier of March 6, 2023, or user acceptance.