Terms & Conditions

1. Agreement to Terms

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and ByPULLA, LLC ("ByPULLA, LLC", "Company," "we," "us," or "our"), a limited liability company organized under the laws of the State of New Jersey, regarding your use of the PUSH! by PULLA mobile application (the "App") and related services (collectively, the "Services").

By creating an account or using the Services, you represent and warrant that you are at least 18 years of age, have the legal capacity to enter into these Terms, and agree to comply with all applicable laws and regulations.

2. Description of Services

PUSH! by PULLA is a personal alert application that provides the following features:

2.1 Help Dashboard

• Alert Button: A press-and-hold emergency button. When the user releases the button, a 10-second countdown begins. If the user does not enter their personalized 4-digit cancellation code within the countdown, the App activates an Alert Button emergency that begins recording audio and video and broadcasting the user's live location to their designated monitors for up to one (1) hour. Monitors receive a notification when the alarm is activated and again when the user turns off the alarm or indicates they are safe.
• Share a Route: Allows users to share a route to a chosen destination by selecting a transit mode (transit, bike, walking, or car). Designated monitors are notified and can track the user's live location until the user arrives at the destination, at which point monitors receive an arrival notification.

2.2 Monitor Dashboard

• Allows designated monitors to view the real-time location and live broadcast of the individuals they are monitoring.
• Monitors receive notifications when a user shares a route, arrives at a destination, activates an Alert Button, or indicates they are safe.

3. Account Registration and Security

3.1 Account Creation

To use the Services, you must create an account and provide accurate, current, and complete information. You agree to input only information about yourself and to update your account information promptly if it changes.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and your 4-digit safety code. You agree to notify us immediately of any unauthorized use of your account, or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your account credentials, including any disclosure of your account credentials to other third parties. You may be held liable for losses incurred by us or any other user of or visitor to the Services due to someone else using your credentials as a result of your failing to keep your account information secure and confidential.

3.3 Designated Monitors

You are solely responsible for selecting and managing your designated monitors. By designating a monitor, you authorize us to share your location, recordings, route information, and safety status with that individual. You represent that you have obtained the consent of each person you designate as a monitor, including their consent to be bound by these Terms.

4. Recording and Consent

4.1 Emergency Recordings

When the Alert Button countdown expires without cancellation, the App automatically records audio and video and broadcasts your live location to your designated monitors. Recordings continue for the duration of the active emergency, up to a maximum of one (1) hour. All emergency recordings are saved and retained for six (6) months from the date of the recording, unless a different retention period is required by law or in connection with any law enforcement action.

4.2 One-Party Consent (New Jersey)

ByPULLA, LLC is based in New Jersey, a one-party consent state under N.J.S.A. 2A:156A-4. Under New Jersey law, a recording is lawful as long as one party to the communication consents. As the user who activates the emergency recording, you provide the requisite one-party consent under New Jersey law.

4.3 Two-Party / All-Party Consent States

Certain U.S. states require the consent of all parties to a conversation before a recording is lawful. As of the date of these Terms, the following states generally require all-party consent: California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Oregon (for in-person conversations), Pennsylvania, and Washington. Please note that this list may change, and it is your responsibility to obtain all required consents under applicable law, as explained below.

By using the emergency recording features of the App, you acknowledge and agree that:

• You are solely responsible for understanding and complying with the recording laws of your jurisdiction and any jurisdiction in which you use the App.
• ByPULLA, LLC does not guarantee that emergency recordings will be deemed lawful in all jurisdictions, even in emergency circumstances.
• You will indemnify and hold ByPULLA, LLC harmless from any claims, damages, or liabilities arising from your use of the recording feature in violation of applicable recording consent laws.
• We strongly recommend that users who reside in or travel to two-party consent states consult with a licensed attorney regarding the legality of emergency recordings in those jurisdictions.

4.4 Interstate Considerations

When parties to a recorded communication are located in different states, the more restrictive consent requirement generally applies. For example, if you are in a one-party consent state but the individuals captured in your recording are located in an all-party consent state, the all-party consent requirement may apply. You are solely responsible for assessing and complying with applicable laws in each relevant jurisdiction.

4.5 Retention and Deletion of Recordings

Emergency recordings are automatically retained for six (6) months from the date of the recording, unless a different retention period is required by law or in connection with any law enforcement action. After six (6) months, recordings are permanently deleted unless subject to a legal hold, law enforcement request, or ongoing investigation. You may not request early deletion of recordings during the retention period, as they may be needed for law enforcement or legal proceedings.

5. User Responsibilities and Prohibited Conduct

5.1 Acceptable Use

You agree to use the Services subject to all applicable laws and only for their intended purpose of personal safety awareness. You represent and warrant that you will not use the Services in any manner or for any purpose that is unlawful or prohibited by these Terms. You agree not to:

• Activate false Alert Button alerts or misuse the Alert Button
• Use the App to stalk, harass, intimidate, or surveil any person
• Use emergency recordings for any unlawful purpose, including but not limited to blackmail, extortion, or harassment
• Use the route-sharing feature to monitor someone without their knowledge or consent
• Share your account credentials or 4-digit cancellation code with unauthorized persons
• Reverse-engineer, decompile, or attempt to extract the source code of the App
• Use the App in any manner that could disable, overburden, or impair the Services
• Circumvent or interfere with any security features of the App
• Attempt to gain unauthorized access to any portion or feature of the Services by hacking, password "mining," or any other illegitimate means
• Use any automatic device, program, algorithm, or methodology (e.g., "robot," "spider," "scraper," or "deep-link") to access, copy, or monitor any portion of the Services
• Probe, scan, or test the vulnerability of the Services or any network connected to the Services
• Use the Services or any Content for the purpose of building or implementing a product or service intended to compete commercially with the Services
• Upload or transmit any file that contains viruses, worms, Trojan horses, spyware, adware, or any other contaminating or destructive features
• Impersonate any other individual or entity, or misrepresent your identity or affiliation
• Use the Services or any Content in connection with any machine learning or artificial intelligence datasets, or for technologies designed to identify natural persons, without ByPULLA, LLC's express written consent
• Sell, trade, distribute, copy, reproduce, modify, adapt, or create derivative works based upon any portion of the Services or Content without ByPULLA, LLC's express written consent
• Use the Services for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of ByPULLA, LLC or others

In the event that you violate any of the provisions of this section of the Terms, you acknowledge that the monetary damages which ByPULLA, LLC will sustain may be difficult to ascertain. You therefore agree that in the event you commit any violation of this section of the Terms that you will be liable to ByPULLA, LLC for liquidated damages in the amount of $30,000.00 per violation. You hereby acknowledge that said damages are reasonable, do not constitute a penalty, and further agree that you will not contest the reasonableness of said liquidated damages in any such action commenced by either party with respect to these Terms.

5.2 False Alarms

Repeated or intentional activation of false "Alert Button" alerts is a violation of these Terms and may result in suspension or termination of your account. False alarms may also violate applicable laws and could result in fines or criminal penalties.

6. Intellectual Property

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, features, and functionality of the App and Services (including but not limited to all information, software, text, displays, images, audio, video, design, and the selection, coordination, expression, "look and feel," and arrangement thereof) (collectively, "Content") are owned by, controlled by, or licensed to ByPULLA, LLC or its licensors, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Except as expressly provided in these Terms, no Content and no part of the App or the Services (including software, programs, features, and functionality) may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including "mirroring") to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without ByPULLA, LLC's express prior written consent. Subject to your complete and ongoing compliance with these Terms, ByPULLA, LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the App and Services for your personal, non-commercial use only, as permitted by these Terms. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Content from the App or Services except as strictly incidental to normal permitted use. ByPULLA, LLC reserves all rights not expressly granted to you in these Terms.

In certain circumstances, you may submit messages, communications, comments, photos, videos, or other kinds of data ("User Content") to the Services. You are responsible for the User Content, including for ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide the User Content to the Services. You grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, and transferable right to use, exercise, commercialize, and exploit the User Content, including the right to make changes, edits, modifications, translations, formatting modifications, or to delete your User Content.

If you believe any materials accessible on or from the Services infringe your copyright, please send notice to the address indicated in the section "Contact Us" (attention to Copyright Agent). We may delete or disable content that we believe violates these Terms or is alleged to be infringing and we will terminate accounts of repeat infringers where appropriate. Written claims concerning copyright infringement must include the following information:

• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest
• A description of the copyrighted work that you claim has been infringed upon
• A description of where the allegedly infringing material is located on our site so we can find it
• Your address, telephone number, and e-mail address
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
• A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf

We reserve all rights not expressly granted to you in these Terms or terms that are entered into between ByPULLA, LLC and you by means of a separate agreement.

7. Subscription and Payment

7.1 Fees

Certain features of the App may require a paid subscription. Subscription fees, billing cycles, and payment terms will be presented to you at the time of purchase through the Apple App Store (Apple's digital distribution platform for iOS applications) or Google Play Store (Google's digital distribution platform for Android applications). Fees are subject to change, and we will provide reasonable advance notice of any price changes through the applicable platform or via the App prior to your next billing cycle.

7.2 Billing

All payments are processed through the Apple App Store or Google Play Store. By subscribing, you agree to the payment terms of the applicable platform. Subscriptions automatically renew at the end of each billing cycle unless cancelled in advance. Subscription fees are billed in advance on a recurring basis according to the billing cycle you select.

7.3 Cancellation and Refunds

You may cancel your subscription at any time through your Apple App Store or Google Play Store account settings. Cancellation will take effect at the end of the current billing period. We do not provide refunds for partial billing periods, except as required by applicable law or the policies of the Apple App Store or Google Play Store.

8. Disclaimers and Limitation of Liability

8.1 No Guarantee of Safety or Results

8.2 Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. ALL INFORMATION PROVIDED THROUGH THE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE. BYPULLA, LLC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES. BYPULLA, LLC CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNLESS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR ANY CONTENT IS TO STOP USING THE SERVICES. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

8.3 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ByPULLA, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your use of or inability to use the Services
• Any failure of the App to function during an emergency
• Any unauthorized access to or alteration of your data or recordings
• Any conduct or content of any third party on the Services
• Any legal liability arising from your use of the recording features in violation of applicable recording consent laws
• Any delay or failure in location tracking, recording, or notification delivery

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER. THESE DISCLAIMERS APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, WHETHER THOSE DAMAGES ARE FORESEEABLE, AND WHETHER A PARTY HAS BEEN ADVISED AS TO THE POSSIBILITY OF THOSE DAMAGES. THIS DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

8.4 Technology Limitations

THE APP RELIES ON YOUR DEVICE'S HARDWARE, SOFTWARE, INTERNET CONNECTIVITY, GPS FUNCTIONALITY, CELLULAR NETWORK AVAILABILITY, AND THIRD-PARTY SERVICE PROVIDERS. BYPULLA, LLC SHALL HAVE NO LIABILITY FOR ANY FAILURES, INTERRUPTIONS, OR DEGRADATION OF THE SERVICES CAUSED BY DEVICE MALFUNCTION, LOSS OF SIGNAL, BATTERY FAILURE, OPERATING SYSTEM INCOMPATIBILITY, THIRD-PARTY NETWORK OR PLATFORM OUTAGES, OR ANY OTHER FACTORS OUTSIDE OUR REASONABLE CONTROL.

9. Indemnification

You agree to indemnify, defend, and hold harmless ByPULLA, LLC and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from the matters set forth below. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, without limiting your indemnification obligations with respect to that matter, in which event you will make best efforts to assist and cooperate with us in defending the matter at your expense. The triggering matters are:

• Your use of the Services
• Your violation of these Terms or Privacy Policy
• Your violation of any applicable law, including recording consent laws
• Your breach of security or data, or unauthorized access to or use of the Services arising from your failure to maintain the confidentiality of your account credentials
• Your infringement of any third-party rights, including any intellectual property, confidentiality, property, or privacy rights
• Any false emergency alerts you initiate
• Any content or data you transmit through the Services

10. Privacy

For details on how we collect, store, and use your information, please review our Privacy Policy. You acknowledge and agree that the terms of our Privacy Policy are hereby incorporated herein by reference. By using the Services, you acknowledge that you have read and accept the terms of the Privacy Policy, as such may be amended by us from time to time. Additionally, by using the Services, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Services may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

11. Confidentiality

You agree not to use any legal, technical, financial, strategic and other proprietary and confidential information relating to Services and/or our operations, software and properties, or information about other users made available to you in connection with the use of the Services ("Confidential Information") disclosed to you by us. You shall not disclose or permit disclosure of any Confidential Information to third parties, and you agree not to store separately and outside of the Services any Confidential Information obtained from the Services. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of our Confidential Information in order to prevent it from falling into the public domain.

Notwithstanding the above, you shall not have liability to us with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by us or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure to you, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of ByPULLA, LLC; becomes known to you, without restriction, from a source other than ByPULLA, LLC without breach of these Terms by you and otherwise not in violation of ByPULLA, LLC's rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that you shall provide prompt notice of such court order or requirement to ByPULLA, LLC to enable ByPULLA, LLC to seek a protective order or otherwise prevent or restrict such disclosure.

12. Termination

12.1 Termination by You

You may terminate your account at any time by contacting us at siena@pulla.org. Termination does not relieve you of any obligations accrued prior to termination.

12.2 Termination by Us

We may suspend or terminate your account at any time, with or without cause, and with or without notice, including but not limited to the following circumstances:

• Violation of these Terms
• Repeated false Alert Button alerts
• Use of the Services for unlawful purposes
• Fraudulent or abusive conduct
• Nonpayment of subscription fees

12.3 Effect of Termination

Upon termination, your right to use the Services ceases immediately. Emergency recordings may be retained for the remainder of the six (6) month retention period or as required by law. Sections of these Terms that by their nature should survive termination will survive, including Sections 4 (Recording and Consent), 5 (User Responsibilities and Prohibited Conduct), 6 (Intellectual Property), 8 (Disclaimers and Limitation of Liability), 9 (Indemnification), 10 (Privacy), 11 (Confidentiality), 13 (Governing Law and Dispute Resolution), and 14 (General Provisions).

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and State of New Jersey, without regard to its conflict of law principles.

13.2 Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms or the Services shall first be attempted to be resolved through good-faith negotiation between the parties as described below. If the dispute cannot be resolved through negotiation, either party may pursue resolution through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its then-current Arbitration Rules.

• In the event that any dispute or claim arises out of or relates to the use of the Services or these Terms, you shall attempt in good faith to negotiate a resolution of the matter directly between the parties by providing written notice of the nature of the dispute ("Mandatory Informal Pre-Dispute Resolution Notice"), and to reduce any resolution achieved to a writing signed by the parties. However, if the matter remains unresolved for thirty (30) days after notification (via certified mail or personal delivery) that a dispute exists, all disputes shall be resolved through final and binding arbitration to be held in Monmouth County, New Jersey, pursuant to the then-current Arbitration Rules of the American Arbitration Association ("AAA"), as in effect at the time of the arbitration, as modified herein. Compliance with the Mandatory Informal Pre-Dispute Resolution Notice requirement is a condition precedent to initiating arbitration. Should you file any arbitration claims, without providing us with a Mandatory Informal Pre-Dispute Resolution Notice, then you will not be entitled to recover attorneys' fees, even if you otherwise would be entitled to them, except in the case of the party facing the possibility of irreparable injury and seeking injunctive relief.
• The arbitration will in no event be commenced as a class arbitration. You specifically agree that you may bring claims against ByPULLA, LLC only in your individual capacity, and not as a claimant or class member in any purported class, collective, representative, or group proceeding. No class, collective, representative, or group arbitrations are permitted, even if allowed under the applicable AAA rules.
• Except for disputes regarding the formation or validity of the agreement to arbitrate, the arbitrator(s) will determine issues of arbitrability or waiver of arbitrability. You may obtain copies of the current rules, forms, and instructions for initiating arbitration by visiting the website www.adr.org, contacting the AAA, or using the contact information noted below in the section "Contact Us".
• If the AAA is unable or unwilling to administer the arbitration consistent with these Terms, the parties shall agree on an alternative provider that will do so. If the parties cannot agree, they shall jointly petition a court of competent jurisdiction located in Monmouth County, New Jersey to appoint an arbitration provider that will do so.
• Any award may be confirmed and enforced in any court of competent jurisdiction located in Monmouth County, New Jersey. Parties are also allowed to seek interim or preliminary equitable relief in any court of competent jurisdiction located in Monmouth County, New Jersey before initiating the arbitration proceedings, as needed to protect the status quo. The parties may, by mutual written agreement, amend the terms of Section 13.2 and elect to pursue the matter in court, with such agreement expressly superseding Section 13.2.
• Unless you and ByPULLA, LLC agree otherwise, to the fullest extent permitted by applicable law, the state and federal courts of Monmouth County, New Jersey, shall have exclusive jurisdiction over any disputes between you and ByPULLA, LLC that are not subject to arbitration or over any action involving the applicability or enforceability of any provisions of these Terms (including the arbitration provisions and class action waiver). You and ByPULLA, LLC consent to the exclusive jurisdiction of those courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis to seek transfer or change venue of such action to another court.
• You agree that any dispute resolution proceedings, including arbitration proceedings, initiated hereunder shall be kept in strict confidence, meaning that you agree not to disclose or cause to be disclosed to any third party the dispute(s) to be arbitrated hereunder, or any of the underlying facts, circumstances, documents, and other materials relating to such dispute(s), except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law.
• Notwithstanding anything to the contrary, ByPULLA, LLC is not obliged to follow the arbitration and dispute resolution procedures set forth in this Section 13.2 in cases of disputes, claims, or controversies concerning patents, copyrights, trademarks, trade secrets, claims of unauthorized access or other claims related to misappropriation of ByPULLA, LLC's proprietary rights or unauthorized use of the Services.

13.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST ByPULLA, LLC.

13.4 Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and ByPULLA, LLC regarding the Services and supersede all prior agreements and understandings, whether written or oral.

14.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, and the remaining provisions shall continue in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

14.5 Notices

We may provide notices to you through the App, by email to the address associated with your account, or by other reasonable means; such notices shall be deemed received upon posting in the App or upon sending by email to the address you have provided, provided that you are responsible for maintaining a current and accurate email address in your account. Notices to us should be sent to siena@pulla.org or by mail to ByPULLA, LLC, 39 Heather Hill Way, Holmdel, NJ 07733, United States, and shall be deemed received upon confirmed delivery.

14.6 Force Majeure

We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemic, government actions, power outages, internet or telecommunications failures, or equipment failures.

14.7 Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms in the App and/or sending you a notification. Your continued use of the Services after the effective date of the modified Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must stop using the Services.

15. Contact Us

If you have questions or concerns about these Terms, please contact us:

16. Acknowledgment

1. Acknowledgement

This Agreement is between you and ByPULLA, LLC only, and not with Apple. As between Apple and us, we are solely responsible for our App and the content thereof.

2. Scope of License

The license granted to you for our App under the PUSH! by PULLA Terms and Conditions (the "Terms," including Privacy Policy incorporated by reference), is limited to a non-transferable license to use our App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms, except that such App may be accessed, acquired, and used by other accounts associated with the purchaser via "Family Sharing" or volume purchasing. We reserve all other rights. Unless applicable law gives you more rights despite this limitation, you will not (and have no right to):

• Work around any technical limitations in the App that only allow you to use it in certain ways
• Reverse engineer, decompile or disassemble the App
• Remove, minimize, block, or modify any notices of ByPULLA, LLC or its suppliers in the App
• Use the App in any way that is against the law or to create or propagate malware
• Share, publish, distribute, or lend the App, provide the App as a stand-alone hosted solution for others to use, or transfer the App or this Agreement to any third party
• Commit any other actions that are unlawful or prohibited under the Terms, including Section 5.1 of the Terms ("Acceptable Use")

3. Transfer to Another Device

You may uninstall the App and install it on another device for your use. Subject to Section 2, you may not share this license on multiple devices.

4. Export Restrictions

You must comply with all domestic and international export laws and regulations that apply to the App, which include restrictions on destinations, end users, and end use. Specifically, you must represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

5. Maintenance and Support

We are solely responsible for providing any maintenance and support services for the App, if any. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App and Services.

6. Intellectual Property Claims

Subject to Section 6 of the Terms, we, and not Apple, will be responsible for the investigation, defense, settlement, and discharge of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights.

7. Third Party Terms of Agreement

You agree to comply with any applicable third-party terms while using our Services.

8. Third Party Beneficiary

You agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement, and upon your acceptance 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 of this Agreement.

9. Consumer Rights

This Agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state, province, or country. Separate and apart from your relationship with us, you may also have rights with respect to the party from which you acquired the App. This Agreement does not change those other rights if the laws of your state, province, or country do not permit it to do so.

10. Disclaimer of Warranty

THE APP IS LICENSED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES. IN THE EVENT OF ANY FAILURE OF THE APP TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE FOR A REFUND OF THE PURCHASE PRICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER.

WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. ALL INFORMATION PROVIDED THROUGH THE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE. BYPULLA, LLC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES. BYPULLA, LLC CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNLESS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR ANY CONTENT IS TO STOP USING THE SERVICES. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS OR STATUTORY GUARANTEES UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.

11. Limitation of Liability

IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES DESPITE THE PRECEDING DISCLAIMER OF WARRANTY AND THE SOLE REMEDY PROVISION ABOVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE TERMS, THE APP, OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE APP OR SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES. THIS LIMITATION OF LIABILITY IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

This limitation applies to (a) anything related to the App, Services, content (including code) on third party Internet sites, or third party applications; and (b) claims for breach of contract, warranty, guarantee, strict liability, negligence, or other tort; or any other claim; in each case to the extent permitted by applicable law.

You also agree that Apple is not responsible for addressing any claims by you or any third party relating to our Services or your possession or use of the App, including: (1) product liability claims; (2) any claim that our Services fails to conform to any applicable legal or regulatory requirement; (3) claims arising under consumer protection or similar legislation; and (4) claims with respect to intellectual property infringement.

12. Indemnification

Without limiting the generality of the indemnification provisions of the Terms, you agree to indemnify, defend, and hold harmless ByPULLA, LLC and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses, including reasonable attorney's fees, arising out of or related to: (a) your use of the App or Services; (b) your violation of this Agreement, the Terms, or any applicable law, including any recording consent or privacy law; or (c) any content, data, recording, or information you transmit through the App or Services.

13. Termination; Survival

You may stop using the App at any time and terminate this Agreement by uninstalling the App and, if applicable, terminating your account in accordance with the Terms. Without limiting the generality of the indemnification provisions of the Terms, we may suspend or terminate your access to the App or Services at any time, with or without notice, to the extent permitted by applicable law, including for violation of this Agreement or the Terms, repeated false alerts, unlawful use, fraudulent or abusive conduct, or nonpayment of applicable fees.

Upon termination, your right to use the App and Services will cease immediately, but any provisions that by their nature should survive termination will survive, including provisions regarding intellectual property, disclaimers, limitation of liability, indemnification, governing law, dispute resolution, and any payment obligations accrued before termination.

14. Applicable Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the United States and State of New Jersey, without regard to its conflict of law principles. Any dispute, controversy, or claim arising out of or relating to this Agreement or the Services shall be resolved in accordance with the Dispute Resolution provisions set forth in the Terms.

15. Conflicts

In the event of any conflict or inconsistency between this Agreement and the Terms, the Terms shall prevail and control to the extent of such conflict or inconsistency.

16. Contact Us

If you have questions or concerns about this Agreement, please contact us: