> For the complete documentation index, see [llms.txt](https://chomp-1.gitbook.io/chomp-docs/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://chomp-1.gitbook.io/chomp-docs/policy/terms-of-service.md). # Terms of Service Version 5.0 \[Effective Date: September 28, 2026] THESE TERMS INCLUDE A WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, AS WELL AS A MANDATORY ARBITRATION CLAUSE THAT GOVERNS RESOLUTION OF CERTAIN DISPUTES AND WAIVES YOUR RIGHT TO SUE IN COURT OR HAVE A TRIAL BY JURY. PLEASE READ SECTION 20 CAREFULLY. ## 1. Introduction These Terms of Service (these "Terms" or this "Agreement") are a contract between you and Gator Labs, Inc. ("Chomp," "we," "our," or "us") and govern your access to and use of the Chomp mobile application, the website located at app.chomp.games, and all related features, content, and services (collectively, the "Services"). Chomp is a social platform where users answer questions, predict how other participants will answer, and explore response-based comparisons, with the option of sharing the answers and comparisons outside of the platform. The platform resolves outcomes endogenously by aggregating participant responses through a disclosed, deterministic mechanism. Chomp does not resolve outcomes based on external events, and the operator does not take a counterparty position or rake. The Services are designed for an intuitive, consumer-grade experience; By accessing or using any portion of the Services, or by clicking an "I Agree" button or check box presented with these Terms, you agree to comply with and be bound by these Terms and any materials incorporated herein. If you do not agree, you are not authorized to access or use the Services. Supplemental Terms. Certain features, programs, or services, including subscriptions, promotions, and contests, may be governed by additional terms presented to you ("Supplemental Terms"). Supplemental Terms are part of these Terms, and in the event of a conflict between these Terms and any Supplemental Terms with respect to the feature they govern, the Supplemental Terms control. The relationship between Chomp and any third party that commissions questions through the data product is governed by a separate written agreement and not by these Terms. ## 2. Amendments to this Agreement Chomp may amend this Agreement and the policies that govern the Services from time to time. We will provide reasonable notice of material changes before they take effect, by email, in-app notice, or other reasonable means, or as otherwise required by applicable law. Changes that are not material are effective upon posting. By continuing to use the Services after a change takes effect, you agree to be bound by it. If you do not agree to a change, you may stop using the Services. Changes to Section 20 (Dispute Resolution) are subject to the separate notice commitment in Section 20.10. ## 3. The Services ### 3.1 Platform Overview The Services allow users to participate in questions, question packs, predictions, reactions, and other activities ("Activities") within topical domains. Users supply a first-order response and a second-order belief about how peers will respond. Outcomes are resolved endogenously using a disclosed, deterministic aggregation mechanism (the "Surprisingly Popular" algorithm). The platform does not resolve outcomes based on the results of any external sporting events, elections, financial instruments, awards ceremonies, or other real-world occurrences. Participant responses reflect the people who answered and are not a representative survey of a wider population. Activities may lead to display of response breakdowns and participation scores as described in the Services. These outputs do not establish an entitlement to money or other financial rewards. ### 3.2 Your Account To use certain features of the Services you must create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right, in our sole discretion, to suspend or terminate any account at any time. ### 3.3 Subscription Services Chomp used to offer subscription-based services with the following options: Weekly: US $0.99 Monthly: US $3.49 New users who have not previously activated a subscription may be eligible for a free trial to access the full product experience. **\[NOTE: This subscription is being removed with the latest release, with the possibility of adding future in-app purchases in later releases.]** If your account continues to be charged after we remove subscriptions and before subscribing to a new in-app purchase, you may request for a refund through the App Store or contact for further assistance. Prices may vary based on your country and are subject to change as the app develops. Unless stated otherwise, all subscriptions automatically renew unless auto-renewal is turned off before the end of the current subscription period. Payment will be charged to your payment method at confirmation of purchase. Your account will be charged for renewal shortly before the end of the current period. You can manage and cancel your subscriptions through your account settings in the platform's app store. Apple and Third-Party App Stores. If you purchase a subscription through the Apple App Store or another third-party app store, the purchase is also subject to that store’s terms, and billing, renewal, cancellation, and refunds are handled through that store. Where those terms conflict with this Section for a store-billed subscription, the store’s terms govern the payment relationship. ### 3.4 Scoring and Outcome Determination Activity results may include response distributions, comparisons between answers and predictions, and scores calculated using the method described for that Activity. A result describes participating users or the stated cohort; it does not establish an objective truth about a person or a population. These results and scores may evolve over time as the participant number increases and their inputs become incorporated in the display. We may correct technical errors and exclude responses affected by fraud, bots, or manipulation under the applicable Activity rules. ### 3.5 Operator Neutrality and Availability Chomp operates as a neutral platform operator. Chomp does not take a house position, is not a counterparty to any Activity, does not collect a rake, and does not profit from participant outcomes. Features may vary by location, device, or version. You may use the Services only where permitted by applicable law. We may restrict availability where needed to comply with legal requirements. ### 3.6 Third-Party Services and Content The Services may include links to sites, technology, applications, and resources provided by third parties (collectively, "Third-Party Services"). Your access to and use of Third-Party Services may be subject to additional terms, privacy policies, or agreements with such third parties. Chomp has no control over and is not responsible for the accuracy, availability, reliability, or completeness of Third-Party Services. You, and not Chomp, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. The integration or inclusion of any Third-Party Service does not imply endorsement or recommendation. Chomp will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services. ## 4. Eligibility If you are an individual, you represent and warrant that you are at least 18 years old, capable of forming a binding contract with Chomp in your respective jurisdiction, and not a Restricted Party (as defined below). We may use additional age-assurance measures consistent with applicable law and as described in our Privacy Policy. If you are accessing or using the Services on behalf of a legal entity, you represent and warrant that you are authorized to agree to these Terms for that entity and have the power to bind it. ### 4.1 Restricted Parties In connection with the Services, you represent and warrant that: You will comply with all applicable laws including but not limited to export restrictions, antiterrorism laws, anti-money laundering laws, and economic sanctions. You are not permitted to use the Services if doing so would violate applicable economic or financial sanctions or trade embargoes imposed by the U.S. Department of the Treasury's Office of Foreign Assets Control, the U.S. Department of Commerce, the U.S. Department of State, the United Nations Security Council, the European Union, the United Kingdom, or any other applicable governmental authority (collectively, "Sanctions Laws"); Neither you nor any person or entity controlling you are subject to Sanctions Laws, or performing any activities on behalf of someone who is subject to Sanctions Laws; and You, nor anyone controlling or acting on your behalf, are located or headquartered in a comprehensively sanctioned jurisdiction, which currently includes but is not limited to Cuba, Iran, North Korea, Syria, and certain sanctioned areas of Russia and Ukraine (including the regions of Crimea, Donetsk, and Luhansk); or where use of the Services would be illegal or otherwise violate any applicable laws. (each a "Restricted Party"). ### 4.2 Verification and Screening Where required for eligibility or compliance purposes, you may be required to provide certain information and documentation for identity verification. You represent and warrant that any information you provide is complete and accurate. We may employ various verification and screening procedures and you authorize us, directly or through a third party, to make inquiries necessary to verify your identity. We shall have no liability for any inability to access the Services as a result of such procedures. ## 5. User Responsibilities and Release ### 5.1 Security You are solely responsible for the security of your account credentials and any associated authentication methods. Never share your passwords, access codes, or recovery phrases with anyone. We accept no responsibility for loss arising from your failure to secure your account. We reserve the right, in our sole discretion, to restrict any account from accessing the Services. ### 5.2 Third-Party Access If you grant permission to a Third-Party Service to access or connect to your account, you acknowledge that doing so does not relieve you of any of your responsibilities under these Terms. You will be fully responsible for all acts or omissions of any such third party and will indemnify Chomp from any liability arising out of or related to such access. ### 5.3 Waiver of Claims To the maximum extent permitted by applicable law, you waive any and all claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, against Chomp, its affiliates, and each of their respective officers, employees, agents, and successors arising out of or in any way related to the risks set forth herein. You waive application of Section 1542 of the Civil Code of the State of California, or any similar statute or law of any other jurisdiction. Section 1542 reads as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." ## 6. Prohibited Uses You may not use the Services to engage in the following categories of activity (each a "Prohibited Use"). The types listed below are representative, but not exhaustive. Unlawful Activity. Activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, or which would involve proceeds of any unlawful activity. Abuse of Others. Interfering with another individual's use of the Services; exploiting, harming, or attempting to harm minors; defaming, abusing, harassing, stalking, or threatening others; transmitting unsolicited advertising; impersonating Chomp, employees, or other users; inciting hate or violence. Privacy and Personal Content. Do not publish another person’s private or identifying information without authorization, upload intimate material without consent, impersonate someone, or use the Services to target an identifiable person for harassment or humiliation. Do not attempt to identify users from aggregated results or combine those results with other data to identify a person. Fraud. Activity which operates to deceive or defraud Chomp, any users, or any other person, including providing false or misleading information with the intent to unlawfully obtain the property of another. Illegal Gambling. Using the Services for any form of illegal gambling, lotteries, or other activities that violate applicable gaming or wagering laws in your jurisdiction. Exogenous Outcome Manipulation. Submitting prompts or content that anchor outcomes on external events, scores, results, award announcements, elections, financial instruments, or other real-world occurrences, whether in whole or in part. Abusive Activity. Causing the Services to work other than as intended; damaging the reputation of Chomp; using the Services in a manner that could disable, overburden, or impair the Services; using any robot, spider, or automated device to access the Services; attempting to gain unauthorized access to any part of the Services. Intellectual Property Infringement. Violating the legal rights of others; using Chomp's intellectual property, name, or logo without express consent; any action that implies an untrue endorsement by or affiliation with Chomp. ### 6.1 Platform Integrity Users may not engage in any activities that manipulate, exploit, or interfere with the integrity, performance, or fairness of the platform, including but not limited to: Automated Attacks and Bots – Using scripts, bots, or automated systems to generate fraudulent engagement, artificially inflate metrics, or gain unfair advantages. Sybil Attacks – Creating or using multiple fake accounts or identities to manipulate rankings, payouts, rewards, or system mechanics. Data Manipulation and Exploits – Unauthorized scraping, injecting falsified data, or exploiting system vulnerabilities to alter outcomes, payouts, or platform functionality. Fraudulent Interactions – Coordinating with others to manipulate results, artificially affect rewards, or disrupt fair play. Denial-of-Service and Disruptive Behavior – Attempting to overload, disrupt, or impair Chomp's infrastructure or services. Security Probing – Probing, scanning, or testing for vulnerabilities, including breaching CAPTCHAs or security measures; modifying data and/or API calls; man-in-the-middle attacks and phishing. Strategic Misreporting – Deliberately providing dishonest or misleading responses with the intent to manipulate the platform's aggregation mechanism, scoring, or redistribution outcomes. Violation of this policy may result in immediate suspension, banning, or forfeiture of Rewards, as well as legal action if applicable. You agree and represent that you will not engage in any Prohibited Use. You represent and warrant that you: (a) will abide by all applicable laws; (b) will comply with all applicable practices regarding internet use; (c) will comply with all rules and procedures related to the Services; (d) will use the Services in compliance with applicable law and regulation; (e) have obtained sufficient information about the Services to make informed decisions; (f) shall bear full responsibility for all activities that occur in connection with your use of the Services; and (g) are the rightful owner or authorized user of any account or funds you use in connection with the Services. ## 7. Changes, Suspension, and Termination Chomp may, at its discretion and without liability to you, with or without prior notice and at any time, modify, discontinue, temporarily or permanently, all or any portion of the Services. You acknowledge that our decisions regarding access, suspension, or termination may be based on confidential criteria essential to our risk management and security protocols. We are under no obligation to disclose these procedures. Chomp will not be liable for any losses resulting from any modification, suspension, or termination of the Services. We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using the Services. You waive and hold harmless Chomp and its affiliates from any claims resulting from any action taken during or as a consequence of such investigations. You may stop using the Services and delete your account under the Settings section in your Profile page. You may contact to report content or request review of an account restriction. Nothing in these Terms limits rights or remedies that cannot be waived under applicable law. ## 8. Intellectual Property Rights ### 8.1 Chomp Materials The Services and their entire contents, features, and functionality—including all information, software, text, displays, images, video, and audio, the design, selection, and arrangement thereof, and the "look and feel" of the Services—except any open-source software, are owned by Chomp ("Chomp Materials"), its licensors, or other providers of such material and are protected by applicable intellectual property laws. ### 8.2 Limitations on Use You may use Chomp Materials solely as authorized by us for as long as we permit you to access the Services. You agree not to: (a) resell, lease, lend, share, distribute, or otherwise permit any third party to use the Services or Chomp Materials; (b) modify or create derivative works; (c) frame, display, or incorporate the Services in any other website or work; (d) decompile, disassemble, or reverse engineer the Services; (e) use the Services to create any competing product; or (f) otherwise use the Services for any purpose other than their intended purposes. These restrictions do not prevent you from sharing content through sharing features made available by CHOMP, or exercising rights permitted by applicable law or an applicable open-source license. Sharing does not authorize disclosure of someone else’s private information. ### 8.3 Rights We Grant You We grant you a non-sublicensable, non-transferable, and non-exclusive right and license to use the Services as permitted by these Terms. ### 8.4 Reservation of Rights If your use of the Services breaches these Terms, your right to access them stops immediately and you must return or destroy any copies of materials obtained from the Services. No right, title, or interest is transferred to you, and all rights not expressly granted are reserved by Chomp. You may freely use any open-source materials in accordance with their open-source licenses. ### 8.5 Trademarks Chomp's name, the term "Gator Labs," and all related names, logos, product and service names, designs, and slogans are trademarks of Chomp, its affiliates, or licensors. You agree not to use such marks without Chomp's prior express written permission. ### 8.6 Your Contributions and License to Chomp The Services allow you to submit responses, second-order beliefs, and other contributions through your participation in Activities ("Contributions"). You retain any ownership rights you have in your Contributions. You grant Chomp a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, analyze, aggregate, de-identify, and otherwise use your Contributions to operate, provide, and improve the Services and to operate the aggregated and de-identified data product described in our Privacy Policy. Chomp does not disclose your Contributions in personally identifiable form through that data product, as further described in the Privacy Policy. This license does not authorize any use of a Contribution that would reveal a sensitive characteristic except as permitted under the Sensitive Information provisions of our Privacy Policy, which govern whether and how such Contributions may be used in the data product, including any requirement for your opt-in consent. You represent that you have the rights necessary to grant this license and that your Contributions do not infringe the rights of any third party. This license is limited to the purposes described above and in the Privacy Policy. It does not by itself authorize advertising use of your identity, public disclosure of private responses, or processing that requires separate consent. Where you choose a public or shared feature, you authorize display to the audience indicated for that feature. After deletion, we cease using identifiable Contributions except as needed for lawful retention, existing copies shared by others, or other uses specifically described in the Privacy Policy. ### 8.7 Copyright Complaints (DMCA) Chomp respects the intellectual property rights of others and responds to notices of alleged copyright infringement under the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the "DMCA"). If you believe that content available through the Services infringes your copyright, you may submit a written notice to Chomp’s designated agent containing the information required by 17 U.S.C. § 512(c)(3), including (i) a physical or electronic signature of the copyright owner or a person authorized to act on its behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material claimed to be infringing and information reasonably sufficient to locate it; (iv) your contact information; (v) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on the owner’s behalf. Designated Agent: Copyright Compliance Office, Gator Labs, Inc., 16192 Coastal Highway, Lewes Delaware 19958, United States. . Chomp’s designated agent is also registered with the U.S. Copyright Office. If your content is removed or disabled pursuant to a DMCA notice, you may submit a counter-notification under 17 U.S.C. § 512(g). Chomp will, in appropriate circumstances and in its discretion, disable or terminate the accounts of users who are repeat infringers. ## 9. Services Content We do not warrant the accuracy, completeness, or usefulness of any materials or information presented on or through the Services. Such information is made available solely for general information and education purposes and should not be construed as an offer, recommendation, or advice. We disclaim all liability arising from any reliance placed on such information by you or any other person. ## 10. Interactions with Other Users You are responsible for your interactions with other users. While we reserve the right to monitor interactions, we are not obligated to do so and cannot be held liable for any user’s actions or inactions. If you have a dispute with one or more users, you agree to release Chomp (and our affiliates, subsidiaries, and their respective officers, directors, employees, and agents) from claims, demands, and damages arising out of such disputes, to the extent permitted by applicable law. ## 11. Promotions Chomp may make available special offers or conduct promotions for qualifying users. Subject to applicable laws, Chomp may establish qualifying criteria at its sole discretion. Chomp may revoke any special offer at any time without advance notice. Chomp is under no obligation to make special offers available to all users and makes no recommendation regarding the value or utility of any Rewards associated with a promotion. ## 12. Feedback Any questions, suggestions, feedback, or other information regarding the Services that you provide to Chomp (collectively, "Feedback") are non-confidential. Chomp will be entitled to the unrestricted use and dissemination of Feedback for any purpose without acknowledgment, attribution, or compensation to you. You hereby assign to Chomp all right, title, and interest to Feedback together with all associated intellectual property rights. ## 13. Relationship of the Parties Chomp is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you. Chomp does not provide investment, tax, or legal advice, and you are solely responsible for any decisions you make when using the Services. No communication from Chomp is intended as or shall be construed as advice. To the fullest extent permissible by law, you agree that your use of the Services does not cause Chomp to owe fiduciary duties or liabilities to you or any third party. Such duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated, and Chomp shall be held completely harmless in relation thereof. ## 15. General User Acknowledgements and Covenants ### 15.1 Acknowledgement and Assumption of Risks You represent and warrant that you have carefully read, understand, accept, and agree to be bound by these Terms and assume all risks involved in using the Services, including but not limited to those described in Section 17 (Risk Disclosures). You agree that Chomp shall not be liable to you for any loss, damage, expense, or liability that may relate to your use of the Services. You represent that you are able to bear any financial or other loss associated with your use of the Services. ### 15.2 Non-Reliance You represent that you are not relying on any communication from Chomp as advice or as a recommendation to engage in any transaction or Activity. Chomp has not given any guarantee as to the potential success, return, or benefit of using the Services. We do not provide investment advice. You are solely responsible for seeking professional advice regarding your particular circumstances prior to using the Services. You represent that you fully understand all risks associated with the Services and agree to carefully evaluate your situation before making any decisions. ## 16. Technical Infrastructure This section describes certain technical systems that power the Services. You do not need specialized technical knowledge to use Chomp, but you should understand the following: ### 16.1 Third-Party Infrastructure Providers We rely on third-party service providers for certain operational functions, including cloud computing, data processing, payment infrastructure, authentication, notifications, and network services. Any interruption in these third-party services may impair our ability to provide the Services. These providers may be subject to their own legal, regulatory, technical, and operational risks. We do not manage the operations of these providers and are not responsible for their acts or omissions. ## 17. Risk Disclosures You understand, accept, and agree to assume all risks involved in using the Services, including: Platform Risks. The Services are built on evolving technology and may undergo significant changes. The Services may not meet your expectations due to changes in design, implementation, features, or functionality. Sharing Risks. Answers you choose to share may be copied or redistributed by recipients. Consider the audience before sharing personal information or information about someone else. Regulatory Risks. The Services are subject to an evolving regulatory landscape. Changes to laws and regulations could adversely impact the Services or your use of them. Security Risks. The Services may be targeted by malicious actors through malware, hacking, phishing, social engineering, or other attack vectors. No technology is completely secure. Internet and Infrastructure Risks. Parts or all of the internet may be unreliable or unavailable at any time, which may result in Activities or transactions not being executed as intended. Third-Party Risks. Interruptions in services provided by third-party infrastructure providers may impair the Services. Fraud and Scams. You and/or your assets may be subject to scams and other fraud perpetrated by third parties outside of our control. It is your responsibility to protect against such fraud. Response Risks. Participants may answer inaccurately or strategically, and a group’s responses may change over time. Results and comparisons do not establish facts about you, other individuals, or a broader population. ## 18. Taxes It is your sole responsibility to determine whether and to what extent any taxes apply to activity you conduct through the Services, and to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities. No communication from Chomp is intended as or shall be construed as legal or tax advice. ## 19. Warranty Disclaimer You are responsible for your use of the Services, the Activities in which you participate, and your access to information derived therefrom. You are solely responsible for complying with all applicable laws. We cannot and do not guarantee that the Services will be free of viruses or other destructive code. TO THE FULLEST EXTENT PROVIDED BY LAW, Chomp WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, MAN-IN-THE-MIDDLE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY THIRD-PARTY WEBSITE LINKED TO IT. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ANY PRODUCT, SERVICE, OR OTHER ITEM PROVIDED BY OR ON BEHALF OF Chomp ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, Chomp EXPLICITLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. Chomp MAKES NO WARRANTY REGARDING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. Chomp DOES NOT REPRESENT OR WARRANT THAT: (A) ACCESS TO THE SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, ERROR-FREE, SECURE, OR FREE FROM DEFECTS; (B) INFORMATION ON THE SERVICES IS ACCURATE, RELIABLE, COMPLETE, OR CURRENT; (C) THE SERVICES WILL BE FREE FROM DEFECTS, MALICIOUS SOFTWARE, OR ERRORS; OR (D) THE SERVICES WILL MEET YOUR EXPECTATIONS. NO STATEMENT BY Chomp SHALL BE TREATED AS A WARRANTY. WE DO NOT ENDORSE, GUARANTEE, OR ASSUME LIABILITY FOR ANY THIRD-PARTY CONTENT, ADVERTISEMENTS, OFFERS, OR ACTIONS. THE FOREGOING DOES NOT AFFECT WARRANTIES THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. ## 20. Dispute Resolution, Waiver of Class Action, and Mandatory Arbitration Please read this section carefully because it waives your right to participate in any class action or representative proceeding. Unless you opt out as described below, this section requires you to arbitrate certain disputes and limits the ways you can seek relief. ### 20.1 Waiver of Class Actions and Right to Jury Trial TO THE EXTENT PERMISSIBLE BY LAW, ANY CLAIMS, CONTROVERSY, OR DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES ("DISPUTE") MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING ("CLASS ACTION WAIVER"). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION. ### 20.2 Informal Resolution Before initiating arbitration, you and Chomp agree to first attempt to resolve the Dispute informally. The party raising the Dispute must send the other a written Notice of Dispute. A Notice of Dispute from you must be emailed to and must include (i) your full legal name, mailing address, and email address; (ii) a description of the nature and basis of the claim; (iii) the relevant facts regarding your use of the Services; and (iv) a statement, personally signed by you and not your counsel, verifying the accuracy of the Notice. The Notice of Dispute must concern only your own Dispute and no other person’s. If the Dispute is not resolved within sixty (60) days after receipt of a complete Notice of Dispute, either party may initiate arbitration. Completion of this informal process, and submission with any arbitration demand of a certification that it was completed, is a condition precedent to arbitration. ### 20.3 Arbitration Agreement With limited exceptions described in Sections 20.7 and 20.8, all Disputes must be resolved by final and binding arbitration. BY AGREEING TO ARBITRATION, YOU AND Chomp WAIVE THE RIGHT TO COURT PROCEEDINGS INCLUDING TRIAL BY JURY AND CLASS ACTION. This Section is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ### 20.4 Conducting Arbitration Arbitration shall be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, which are available at [www.adr.org](http://www.adr.org). These Terms govern any conflict between the AAA Rules and these Terms. Any in-person arbitration shall be in English and held remotely to the maximum extent, and administered in New York, New York, or another mutually agreeable location. ### 20.5 Confidentiality Each party will keep confidential any documents and information exchanged in the arbitration that the disclosing party designates as confidential, except as necessary to conduct the arbitration, to enforce or challenge an award, to comply with applicable law, or to consult with legal, tax, or financial advisors. This Section does not prohibit you from disclosing the existence, status, or outcome of your own Dispute, or from communicating with a government agency. ### 20.6 Time for Filing Any arbitration must be commenced within the time permitted by the applicable statute of limitations. Nothing in these Terms shortens any limitations period that applies to a statutory claim where such shortening is prohibited by law. ### 20.7 Opt-Out You may decline this arbitration agreement by emailing within thirty (30) days of first agreeing to this Agreement. Your email must include your full name, residential address, and a clear statement that you want to opt out. If you opt out, the arbitration agreement in this Section 20 will not apply to you, and any Dispute between you and Chomp will be resolved in the courts identified in Section 23. Opting out has no effect on any other provision of these Terms. ### 20.8 Excepted Claims Notwithstanding this Section, you and Chomp may bring an individual small claims action or seek a temporary restraining order or injunction for breach of confidentiality or infringement of intellectual property in any court of competent jurisdiction, provided the action is individual and not class-based. ### 20.9 Severability If any portion of this Section 20 other than the Class Action Waiver is found to be unenforceable, that portion shall be severed and the remainder of this Section 20 shall remain in effect. The Class Action Waiver in Section 20.1 is not severable from the agreement to arbitrate. If the Class Action Waiver is found to be unenforceable as to any Dispute or any portion of a Dispute, then the agreement to arbitrate in Section 20.3 shall not apply to that Dispute or portion, which shall instead be resolved in the courts identified in Section 23. Under no circumstances will any Dispute be arbitrated on a class, collective, or representative basis. ### 20.10 Modification If Chomp makes any future material change to this Section 20, Chomp will notify you, and you will have thirty (30) days from the date of that notice to reject the change by emailing the opt-out address in Section 20.7. If you do not reject the change within that period, you will be bound by it. A material change will not apply to any Dispute of which Chomp had actual notice before the change took effect. ### 20.11 Mass Arbitration and Batching If twenty-five (25) or more substantially similar Demands for Arbitration are submitted by or with the assistance, coordination, or cooperation of the same counsel or coordinated group of counsel or organization, the parties agree that the arbitrations will be administered under the AAA Mass Arbitration Supplementary Rules and the AAA mass arbitration fee schedule then in effect, and will proceed as follows: (i) the AAA will administer the Demands in batches, creating additional batches as needed to facilitate efficient resolution; (ii) each batch will be resolved as a single consolidated proceeding with one procedural schedule, one arbitrator, and a single set of filing and administrative fees per side per batch; and (iii) the parties will cooperate in good faith to implement this batch process. Arbitrations are "substantially similar" if they arise out of or relate to the same or a similar event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. This batching procedure does not authorize arbitration on a class, collective, or representative basis, and Chomp reserves all rights and defenses as to each individual Demand and claimant. ## 21. Indemnification You agree to defend, indemnify, and hold harmless Chomp, its affiliates, licensors, service providers, and their respective officers, directors, employees, contractors, agents, successors, and assigns from any claims, liabilities, damages, judgments, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Services; (c) use of the Services other than as authorized by these Terms; (d) your reliance on any information from the Services; or (e) any other party's access to the Services using any device or account you own or control. ## 22. Limitation of Liability; Disclaimer of Damages TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL Chomp, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THIS DISCLAIMER EXTENDS TO DAMAGES CAUSED BY ANY THIRD PARTY OR ANY FAILURE, EXPLOIT, OR VULNERABILITY OF THE SERVICES. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COLLECTIVE LIABILITY OF Chomp AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID DIRECTLY TO Chomp FOR THE APPLICABLE SERVICES IN THE LAST SIX MONTHS. NOTHING IN THIS SECTION LIMITS OR EXCLUDES LIABILITY FOR FRAUD, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. ## 23. Governing Law This Agreement shall be governed by the laws of the state of Delaware, without regard to conflict of law principles. Chomp may initiate proceedings relating to intellectual property rights in any court of competent jurisdiction. Gator Labs, Inc. is registered at 16192 Coastal Highway, Lewes, Delaware 19958, United States. For proceedings not subject to arbitration, the federal and state courts in Delaware have exclusive jurisdiction. You waive any objection to venue in such courts. ## 24. Miscellaneous Terms ### 24.1 Assignment These Terms are particular to you and any attempt to assign, novate, or transfer your rights or obligations is null and void without Chomp's prior written consent. Chomp may assign its rights without restriction. ### 24.2 Term; Survival This Agreement remains in effect until terminated by Chomp. We reserve the right to change, suspend, discontinue, or terminate the Services at any time without notice. All sections that by their nature should survive termination shall survive. ### 24.3 Nonwaiver of Rights Chomp's failure or delay in exercising any right under these Terms shall not operate as a waiver thereof. ### 24.4 Severability If any provision of this Agreement is determined to be invalid or unenforceable, it shall be interpreted to accomplish its objectives to the greatest extent possible, and the remaining provisions shall remain in full force and effect. ### 24.5 Force Majeure Chomp shall not be liable for delays, failure in performance, or interruption of Services resulting from causes beyond our reasonable control, including but not limited to: (a) acts of God; (b) acts of war or terrorism; (c) civil disorder; (d) embargoes or sanctions; (e) labor disputes; (f) failure of telecommunications or internet infrastructure; (g) data breaches or processing failures; and/or (h) changes in laws or regulations (collectively, "Force Majeure Events"). ### 24.6 Notice Notices under these Terms will be posted online, in the Services, or through electronic communication. You agree to receive all communications electronically. ### 24.7 Privacy To understand how Chomp collects, uses, and shares information about you, please review our Privacy Policy, which is incorporated into these Terms by reference. In the event of a conflict between these Terms and the Privacy Policy with respect to the collection, processing, or disclosure of personal information or your privacy rights, the Privacy Policy controls. ### 24.8 Third-Party Beneficiaries Nothing in this Agreement is intended to confer rights on any person other than the parties and their successors and permitted assigns. ### 24.9 Entire Agreement These Terms and any documents incorporated by reference constitute the entire agreement between you and Chomp regarding the Services and supersede all prior agreements and understandings. ### 24.10 Translation These Terms are in English. If translated, the English text prevails.