Terms of Use

Last Updated: June 09, 2023

Introduction

Welcome to CoFounder App, owned and operated by Quark Club XYZ, Inc. d/b/a CoFounder App (”CoFounder App”, "cofounderapp.com”, “we”, “us”, “our”, or the “Company”). These Terms of Service (“Terms”) govern your access to and use of the CoFounder App mobile app (the “App”), website(s), and any other software, tools, features, or functionalities provided on or in connection with our services.

For purposes of these Terms, “user,” “you,” and “your” means you as the user of the Service. If you use the Service on behalf of a company or other entity, then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION AND AFFECT YOUR LEGAL RIGHTS. AS OUTLINED IN SECTION 15 BELOW, THEY INCLUDE A MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH (WITH LIMITED EXCEPTIONS) REQUIRE ANY DISPUTES BETWEEN US TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION RATHER THAN BY A JUDGE OR JURY IN COURT.

BY CLICKING TO ACCEPT AND/OR USE OUR SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.

1. Acceptance of Terms of Service Agreement

By creating a CoFounder App account or by using any CoFounder App service, whether through a mobile device, mobile application, or computer (collectively, the “Service”), you agree to be bound by (i) these Terms of Service, (ii) our 

Privacy Policy

, which is incorporated by reference into this Agreement, and (iii) any terms disclosed to you if you purchase or have purchased additional features, products or services we offer on the Service (collectively, this “Agreement”). If you do not accept and agree to be bound by all of the terms of this Agreement, you should not access or use the Service.

PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 15 BELOW. THESE GOVERN THE MANNER IN WHICH CLAIMS WILL BE ADDRESSED BETWEEN YOU AND COFOUNDER APP. THESE PROVISIONS INCLUDE A MANDATORY PRE-ARBITRATION INFORMAL DISPUTE RESOLUTION PROCESS, AN ARBITRATION AGREEMENT, SMALL CLAIMS COURT ELECTION, CLASS ACTION WAIVER, ADDITIONAL PROCEDURES FOR MASS ARBITRATION FILINGS, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. IN ARBITRATION, THERE IS TYPICALLY LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

We may make changes to this Agreement and to the Service from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the

Terms of Service link while registering on the app

and also on cofounderapp.com, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes to your rights or obligations, we will notify you in advance of the changes (unless we’re unable to do so under applicable law) by reasonable means, which could include notification through the Service or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement. You agree that this Agreement shall supersede any prior agreements (except as specifically stated herein), and shall govern your entire relationship with CoFounder App, including but not limited to events, agreements, and conduct preceding your acceptance of this Agreement.

2. Eligibility

You must be at least 18 years of age to create an account on CoFounder App and use the Service. By creating an account and using the Service, you represent and warrant that:

  • you can form a binding contract with CoFounder App,
  • you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction,
  • you will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements,
  • you will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements,
  • you will use the latest version of the Service (via app or website),
  • you do not have more than one account on the Service, and
  • you have not previously been removed from the Service by us unless you have our express written permission to create a new account.

If at any time you cease to meet these requirements, all authorization to access our Service or systems is automatically revoked, and you must immediately delete your account.

3. Your Account

In order to use CoFounder App, you may sign in using an Apple login, or any other social login that might be available to you on CoFounder App. If you choose to use your social login, you authorize us to access and use certain account information, including but not limited to your public profile on that social website.

You are responsible for maintaining the confidentiality of your login credentials you use to sign up for CoFounder App, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediatelycontact us.

4. Modifying the Service and Termination

CoFounder App is always striving to improve the Service and bring you additional functionality that you will find engaging and valuable. This means we may add new product features or enhancements from time to time and remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.

You may terminate your account at any time, for any reason, by contacting us.You will also need to manage in-app purchases through Apple’s App Store to avoid additional billing.

CoFounder App may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases. After your account is terminated, this Agreement will terminate, except that the following provisions will still apply to you and CoFounder App: Section 4, Section 5, and Sections 12 through 19.

5. Safety: Your Interactions with Other Members

You agree to treat other users in a courteous and respectful manner, both on and off our Services, and to be respectful when communicating with any of our customer care representatives or other employees. Though CoFounder App strives to encourage a respectful member experience through features,CoFounder App is not responsible for the conduct of any member on or off of the Service. You agree to use caution in all interactions with other members, particularly if you decide to communicate off the Service or meet in person. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money to other members.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT COFOUNDER APP DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS MEMBERS. COFOUNDER APP MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OR COMPATIBILITY OF MEMBERS.COFOUNDER APP RESERVES THE RIGHT TO CONDUCT – AND YOU AUTHORIZE COFOUNDER APP TO CONDUCT – ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS OBTAINED BY IT OR WITH THE ASSISTANCE OF A CONSUMER REPORTING AGENCY, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE.

6. Rights CoFounder App Grants You

CoFounder App grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by CoFounder App and permitted by this Agreement. This license and any authorization to access the Service are automatically revoked in the event that you do any of the following:

  • copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content, or proprietary information accessible through the Service without CoFounder App’s prior written consent.
  • express or imply that any statements you make are endorsed by CoFounder App.
  • use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy, or other manual or automatic devices, method, or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
  • use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.
  • upload viruses or other malicious code or otherwise compromise the security of the Service.
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.
  • “frame” or “mirror” any part of the Service without CoFounder App’s prior written authorization.
  • use meta tags or code or other devices containing any reference to CoFounder App or the Service (or any trademark, trade name, service mark, logo, or slogan of CoFounder App) to direct any person to any other website for any purpose.
  • modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Service, or cause others to do so.
  • use or develop any third-party applications that interact with the Service or other members’ Content or information without our written consent.
  • use, access, or publish the CoFounder App application programming interface without our written consent.
  • probe, scan, or test the vulnerability of our Service or any system or network.
  • encourage, promote, or agree to engage in any activity that violates this Agreement.

CoFounder App may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Service, including termination of your account.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

7. Rights you Grant CoFounder App

By creating an account, you grant to CoFounder App a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify, reformat, incorporate into other works, advertise, distribute, and otherwise make available to the general public information you authorize us to access from third parties such as Apple, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other members (collectively, “Content”). CoFounder App’s license to your Content shall be non-exclusive, except that CoFounder App’s license shall be exclusive with respect to derivative works created through the use of the Service. For example, CoFounder App would have an exclusive license to screenshots of the Service that include your Content. In addition, so that CoFounder App can prevent the use of your Content outside of the Service, you authorize CoFounder App to act on your behalf with respect to infringing uses of your Content taken from the Service by other members or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if your Content is taken and used by third parties outside of the Service. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other members and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other CoFounder App members).

You agree that all information that you submit upon creation of your account, including information submitted from your Apple account, is accurate and truthful, and you have the right to post the Content on the Service and grant the license to CoFounder App above.

You understand and agree that we may monitor or review any Content you post as part of the Service. We may delete any Content, in whole or in part, that in our sole judgment, violates this Agreement or may harm the reputation of the Service.

When communicating with any CoFounder App employees, you agree to be respectful and kind. If we feel that your behavior towards any of our employees is at any time threatening, harassing, or offensive, we reserve the right to immediately terminate your account.

n consideration of CoFounder App allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to CoFounder App regarding our Service, you agree that CoFounder App may use and share such feedback for any purpose without compensating you.

You agree that CoFounder App may access, store, and disclose your account information and Content if required to do so by law, by performing its agreement with you, or in a good faith belief that such access, storage, or disclosure satisfies a legitimate interest, including to (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.

8. Community Rules

By using the Service, you agree that you will not:

  • use the Service for any purpose that is illegal or prohibited by this Agreement.
  • use the Service for recruiting talent for any third-party organization.
  • use the Service for any harmful or nefarious purpose.
  • use the Service in order to damage CoFounder App.
  • spam or solicit money or other items of value from another member, whether as a gift, loan, or other forms of compensation, or otherwise defraud any member(s).
  • impersonate any person or entity or post any images of another person without his or her permission.
  • bully, “stalk,” intimidate, assault, harass, mistreat or defame, or otherwise mistreat any person.
  • post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark, or other intellectual property or contract right.
  • post any Content that is hate speech, threatening, sexually explicit, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  • post any Content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual.
  • solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users, or disseminate another person’s personal information without his or her permission.
  • use another user’s account, share an account with another user, or maintain more than one account.
  • misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity.
  • create another account if we have already terminated your account unless you have our permission.

CoFounder App reserves the right to investigate and/or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service, or behaved in a way that CoFounder App regards as inappropriate or unlawful, including actions or communications that occur on or off the Service. In the event that you violate these rules, your authorization to use the Service will be automatically revoked.

9. Other Members’ Content

Although CoFounder App reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the member who posts it, and CoFounder App cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the Service or or contact support.

10. Purchases

  • Generally, From time to time, CoFounder App may offer products and services for purchase (“in-app purchases”) through the App Store or Google Play Store. These in-app purchases may include subscriptions and other items. If you choose to make an in-app purchase, you will be prompted to enter details for your account with the mobile platform you are using (e.g., Apple, Android, etc.) (“your Mobile Platform Account”), and your Mobile Platform Account will be charged for the in-app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in-app purchases that apply to your Mobile Platform Account. Some Mobile Platform Accounts may charge you a sales tax, depending on where you live. If you purchase an auto-recurring periodic subscription through an in-app purchase, your Mobile Platform Account will continue to be billed for the subscription until you cancel.
  • Trial. CoFounder App may offer you a free trial to allow you to try our Service. CoFounder app reserves the right to set eligibility requirements and the duration for free trials and pilots. At the end of your free trial, CoFounder App will charge the relevant subscription fee for the next billing cycle to your Mobile Platform Account, unless you cancel your subscription prior to the end of the free trial. CoFounder App reserves the right to change its prices at any time. If you are on a subscription plan, changes to pricing will not apply until your next renewal or thirty (30) days after notice, whichever is later.
  • Auto-Renewal. Your subscription will automatically renew until you cancel it at least twenty-four hours before the end of the current period. Your Mobile Platform Account will be charged for renewal within twenty-four hours prior to the end of the current period. You can manage your subscription and cancel by visiting your Mobile Platform Account Settings after purchase.
  • Cancellation. You may cancel your subscription at any time by accessing your Mobile Platform Account Settings and selecting cancel your subscription under the “Subscriptions” menu. After cancelling, you will be responsible for paying the subscription fee for the current active applicable subscription period. Deleting your account on CoFounder App or deleting the CoFounder App application from your device does not terminate or cancel your subscription; CoFounder App will retain all funds charged to your Mobile Platform Account until you terminate or cancel your subscription on App Store or Google Play Store account settings, as applicable.
  • Refunds. App refunds are handled by Apple or Google, not CoFounder App. To request a refund from Apple, go to

    https://reportaproblem.apple.com/

    sign in with your Apple ID, select the purchase that you want to report, and choose “Request a refund”. You can also visit 

    https://support.apple.com/en-us/HT204084

    for more info on requesting a refund via App Store. To request a refund from Google, go to 

     https://play.google.com/store/account 

    and click on “Order History”. Find the transaction and tap “Request a refund” or “Report a problem” and choose the option that describes your situation. You can also visit 

     https://support.google.com/googleplay/answer/2479637

    for more info on requesting a refund via Google Play Store.

11. Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please submit a takedown request by contacting contact@cofounderapp.com.

If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please submit a takedown request by contacting contact@cofounderapp.com.

f you contact us regarding alleged copyright infringement, please be sure to include the following information:

  • an electronic or physical 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;
  • a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
  • your contact information, including address, telephone number and email address, and the copyright owner’s identity;
  • a written 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; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

CoFounder App

12. Disclaimers

COFOUNDER APP PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. COFOUNDER APP DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE DISCOVERED OR CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE, OR APPROPRIATE FOR YOUR PURPOSES.

COFOUNDER APP ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER MEMBER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

COFOUNDER APP DISCLAIMS AND ASSUMES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER MEMBER, ON OR OFF THE SERVICE.

13. Third-Party Services

The Service may contain advertisements and promotions offered by third parties and links to other websites or resources. CoFounder App is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. CoFounder App is not responsible or liable for such third parties’ terms or actions.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COFOUNDER APP, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, FIXED, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) THE CONDUCT OR CONTENT OF ANY MEMBERS OR THIRD PARTIES ON OR THROUGH ANY OF OUR WEBSITES OR IN CONNECTION WITH THE SERVICE; OR (III) ANY UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF COFOUNDER APP HAS BEEN ADVISED AT ANY TIME OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COFOUNDER APP’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO COFOUNDER APP DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST COFOUNDER APP, WHETHER IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.
THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 14 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

15. Dispute Resolution; Arbitration

In the unlikely event that we have a legal dispute, here is how the Parties agree to proceed, except where prohibited by applicable law.

Any Subsection in this Dispute Resolution Section that is prohibited by law shall not apply to the users residing in that jurisdiction.

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Applicability of Arbitration Agreement - You agree that any dispute, controversy, or claim relating in any way to your access or use of the Service, to any products sold or distributed through the Service, or to any aspect of your relationship with CoFounder App, will be resolved by binding arbitration, rather than in court, including threshold questions of the arbitrability of such dispute, controversy, or claim except that (1) you or CoFounder App may assert claims in small claims court, but only if the claims qualify, the claims remain only in such court, and the claims remain on an individual, non-representative, and non-class basis; and (2) you or CoFounder App may seek injunctive or equitable relief in a court of proper jurisdiction if the claim relates to intellectual property infringement or other misuses of intellectual property rights.
CoFounder and you acknowledge that, in the event of any third-party claim that the Licensed Application or your possession and use of that Licensed Application infringes on the third party's intellectual property rights, Quark Club XYZ, Inc., and not Apple, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.
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Dispute resolution process.You and CoFounder App both agree to engage in good-faith efforts to resolve disputes prior to either party initiating an arbitration, small claims court proceeding, or equitable relief for intellectual property infringement. You must initiate this dispute resolution process by sending a letter describing the nature of your claim and desired resolution to CoFounder App, Attn: Legal Department, 750 Macdonough Street, Apt 1, Brooklyn, NY, 11233. Both parties agree to meet and confer personally, by telephone, or by videoconference (hereinafter “Conference”) to discuss the dispute and attempt in good faith to reach a mutually beneficial outcome that avoids the expenses of arbitration or, where applicable, litigation. If you are represented by counsel, your counsel may participate in the Conference as well, but you agree to fully participate in the Conference. Likewise, if CoFounder App is represented by counsel, its counsel may participate in the Conference as well, but CoFounder App agrees to have a company representative fully participate in the Conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process and Conference required by this paragraph. If the parties do not reach an agreement to resolve the dispute within thirty (30) days after initiation of this dispute resolution process, either party may commence an arbitration, file an action in small claims court, or file a claim for injunctive or equitable relief in a court of proper jurisdiction for matters relating to intellectual property infringement, if the claims qualify.
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Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding after participating in the dispute resolution process, you must send a letter requesting arbitration and describing your claim to our registered agent at CoFounder App, Attn: Legal Department, 750 Macdonough Street, Apt 1, Brooklyn, NY, 11233. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and the JAMS Consumer Minimum Standards then in effect; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures and the JAMS Consumer Minimum Standards then in effect. JAMS’s rules are available at jamsadr.com or by calling JAMS at 800-352- 5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS filing, administrative, hearing, and/or other fees and cannot obtain a waiver from JAMS, CoFounder App will pay them for you if you comply with the dispute resolution process set forth above. In addition, CoFounder App will reimburse all such JAMS filing, administrative, hearing, and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous or you did not comply with the dispute resolution process set forth above, except that if you have initiated the arbitration claim, you will still be required to pay the lesser of $250 or the maximum amount permitted under the JAMS Rules for arbitration claims initiated by you. You are still responsible for all additional costs that you incur in the arbitration, including without limitation, fees for attorneys or expert witnesses. You may choose to have the arbitration conducted by telephone or videoconference, based on written submissions, in person in your hometown area (if you live in the United States), or at another mutually agreed upon location that is reasonably convenient to you. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
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Authority of Arbitrator.  The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and CoFounder App. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
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Waiver of Jury Trial. YOU AND COFOUNDER APP HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and CoFounder App are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the second bullet of this Section 16, above (“Applicability of Arbitration Agreement”). An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. review.
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Waiver of Class Actions and Class Arbitrations. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A REPRESENTATIVE OR COLLECTIVE CLASS BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER, PERSON, OR ENTITY CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER, PERSON, OR ENTITY. Accordingly, under the arbitration procedures outlined in this section, an arbitrator shall not combine or consolidate more than one party’s claims without the written consent of all affected parties to an arbitration proceeding. Without limiting the generality of the foregoing, you and CoFounder App agree that no dispute shall proceed by way of class arbitration without the written consent of all affected parties. If a decision is issued stating that applicable law precludes enforcement of any part of this subsection’s limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought in the state or federal courts located in New York County in the State of New York. All other claims shall be arbitrated.
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Severability.  Except as provided in this Section, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
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Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with CoFounder App.
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Modification.  Notwithstanding any provision in these Terms to the contrary, we agree that if CoFounder App makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing to CoFounder App at the following address: CoFounder App, Attn: Legal Department, 750 Macdonough Street, Apt 1, Brooklyn, NY, 11233.

16. Governing Law and Venue

These Terms and your access to and use of the Service shall be governed by and construed and enforced in accordance with the laws of the State of New York (without regard to conflict of law rules or principles of the State of New York, or any other jurisdiction that would cause the application of the laws of any other jurisdiction). Any dispute between the parties that is not subject to arbitration as set forth in Section 16 or cannot be heard in small claims court, shall be resolved in the state or federal courts of New York County in the State of New York, and the United States, respectively, sitting in the State of New York.

17. Indemnity by You.

You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless CoFounder App, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.

18. Entire Agreement; Other.

You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and that you are not listed on any U.S. Government list of prohibited or restricted parties.
This Agreement, which includes the Privacy Policy,and any terms that might have been disclosed to you if you purchase or have purchased additional features, products, or services we offer on the Service, contains the entire agreement between you and CoFounder App regarding your relationship with CoFounder App and the use of the Service, with the following exception: anyone who opted out of the retroactive application of Section 15 is still subject to and bound by any prior agreements to arbitrate with CoFounder App as well as this agreement to arbitrate on a going-forward basis. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of CoFounder App to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your CoFounder App account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture, fiduciary, or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of or bind CoFounder App in any manner.
For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact: contact@cofounderapp.com