Terms of service

Welcome to Sightful! Sightful Inc., (“Sightful,” “we,” “us” or “our”) provides users with the ability to work from  anywhere by offering a Spacetop Early Access product, the world’s first AR laptop (collectively “Products”). These  Sightful Terms of Service (these “Terms”) govern your use of any website operated by or on behalf of Sightful with  a link to these Terms (the “Site”), including any purchases of Products made on the Site. Please review our privacy  policy available at: https://about.sightful.com/privacy/ to learn more about how Sightful handles your personal  information.  

Your use of the Site may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will  either be listed in these Terms or will be presented to you for your acceptance when you sign up to use any portion  of the Site that is subject to these additional terms (“Supplemental Service”). If the Terms are inconsistent with  the Supplemental Terms, the Supplemental Terms shall control with respect to such services. The Terms and any  applicable Supplemental Terms are referred to herein as the “Agreement.” 

If you are the end user of one of our Products, your use of such Products is subject to the applicable end-user  agreement presented to you at the point of account creation or receipt of the Product (as applicable). For example,  your use of the Spacetop Product is subject to the End User License Agreement available at:  https://about.sightful.com/license/, and you must agree to the terms of the End User License Agreement prior to  using the Spacetop Product. 

BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE APPLICATION PROCESS, PURCHASING PRODUCTS ON  THE SITE, AND/OR ACCESSING THE SITE OR USING ANY OF THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT:  (A) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT; (B) YOU ARE AT LEAST  EIGHTEEN (18) YEARS OLD; AND (C) YOU ARE NOT A PERSON OR ENTITY BARRED FROM USING THE SITE, OR  PRODUCTS UNDER THE LAWS OF THE UNITED STATES. YOU FURTHER REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT (ON BEHALF OF YOURSELF OR, AS APPLICABLE, THE ENTITY THAT YOU REPRESENT). IF THE INDIVIDUAL ENTERING INTO THIS AGREEMENT OR  OTHERWISE ACCESSING OR USING THE SITE IS DOING SO ON BEHALF OF, OR WITHIN HIS OR HER CAPACITY AS A  REPRESENTATIVE, AGENT, OR EMPLOYEE OF AN ENTITY, SUCH INDIVIDUAL AND SUCH ENTITY (AS APPLICABLE)  AGREE THAT: (i) THE TERM “YOU” AND “YOUR” AS USED HEREIN APPLY TO SUCH ENTITY (AS APPLICABLE) AND  SUCH INDIVIDUAL; AND (ii) THAT THE INDIVIDUAL ENTERING INTO THIS AGREEMENT HAS THE POWER, RIGHT,  AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF SUCH ENTITY. THE “EFFECTIVE DATE” OF THIS AGREEMENT SHALL BE THE EARLIER OF (I) YOUR USE OF THE SITE, (II) YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT BY CLICKING ON THE “I ACCEPT” BUTTON, OR (III) YOUR PLACEMENT OF AN APPLICATION OR ORDER FOR PRODUCTS.  

IMPORTANT INFORMATION ABOUT ARBITRATION, CONSENTS AND UPDATES TO THE AGREEMENT 

PLEASE BE AWARE THAT SECTION 10 OF THESE TERMS CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT  YOU AND SIGHTFUL HAVE AGAINST EACH OTHER WILL BE RESOLVED, INCLUDING WITHOUT LIMITATION, ANY  DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. SECTION 10  CONTAINS, AMONG OTHER THINGS, AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED  EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND SIGHTFUL BE RESOLVED BY BINDING AND FINAL  ARBITRATION. UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN THIRTY (30) DAYS OF THE  EFFECTIVE DATE OF THIS AGREEMENT: (A) YOU AND SIGHTFUL WILL ONLY BE PERMITTED TO PURSUE DISPUTES  OR CLAIMS AND SEEK RELIEF AGAINST THE OTHER PARTY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR  CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND EACH OF US WAIVES OUR 

RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (B) EACH OF US IS  WAIVING OUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A  JURY TRIAL.  

THESE TERMS ARE SUBJECT TO CHANGE BY SIGHTFUL IN ITS SOLE DISCRETION AT ANY TIME. When changes are  made, Sightful will make a new copy of the Terms of Service available on the Site, and any new Supplemental Terms  will be made available from within, or through, the affected services. We will also update the “Last Updated” date  at the top of the Terms of Service. If we make material changes to these Terms, we may (and, where required by  law, will) also provide notification of changes in another way that we believe is reasonably likely to reach you, such  as via e-mail if you have provided that to us, or another manner through the Site (which may include posting an  announcement on the Site). Sightful may require you to provide consent to the updated Agreement in a specified  manner before further use of the Site is permitted. If you do not agree to any change(s) after receiving a notice of  such change(s), you shall stop using the Site. Otherwise, your continued use of the Site constitutes your acceptance  of such change(s). PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS.  

1. ACCESS TO THE SITE.  

1.1 License. Subject to these Terms, Sightful grants you a non-transferable, non-exclusive, revocable, limited  license to use and access the Site solely for your own personal or internal business use. 

1.2 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a)  you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site,  whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works  of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order  to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of  the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any  form or by any means. Unless otherwise indicated, any future release, update, or other addition to the functionality  of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content  displayed on the Site) must be retained on all copies thereof. 

1.3 Modification. Sightful reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole  or in part) with or without notice to you. You agree that neither Sightful nor its affiliates will not be liable to you or  to any third party for any modification, suspension, or discontinuation of the Site or any part thereof. 

1.4 No Support or Maintenance. You acknowledge and agree that Sightful will have no obligation to provide  you with any support or maintenance in connection with the Site. 

1.5 Ownership. You acknowledge that all intellectual property rights, including copyrights, patents,  trademarks, and trade secrets, in the Site and its content are owned by Sightful or Sightful’s affiliates. Neither these  Terms (nor your access to the Site) transfers to you or any third party any rights, title, or interest in or to such  intellectual property rights, except for the limited access rights expressly set forth in Section 1.1. Sightful and its  affiliates reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms. 

2. ORDERS AND TERMS OF SALE. These Terms will govern any order to purchase Products you make through the  Site.  

2.1 Product Descriptions. Except as otherwise agreed in writing, descriptions, images, references, features,  content, specifications, products, price and availability of any Products are subject to change without notice. With  respect to sales via the Site, we will make reasonable efforts to accurately display the attributes of our Products on  the Site. By placing an Order, you represent that the Products will be used only for your personal purposes and in a 

lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue  any Product.  

2.2 Application Process. You may apply to be included on the request list to order a Product on the Site (each,  an “Application. Your submission of an Application indicates your intent to be included on the request list to place  an order to purchase the Product at a later date; we may require additional verifications or information before  accepting your Application. Your receipt of an Application confirmation does not constitute confirmation of our  offer to sell the selected Product(s) to you. After you submit your Application, we will notify you only if we grant  your request to place an order for the Product (each, an “Order”); we may choose to accept or decline your  Application for any lawful reason. When you place your Order, you will be required to input your Payment Provider  information (as defined below). Your Order will be deemed accepted by Sightful upon delivery of the Product(s)  that you have ordered. Orders may not be cancelled or rescheduled without the written consent of Sightful. We  may cancel or deny an Order placed by you at any time and for any lawful reason prior to our delivery of the  Product(s), including without limitation if a Product is discontinued or otherwise becomes unavailable, provided  that we will refund any fees that you prepaid for those Products. In addition, we may designate certain Products as  not eligible for return and the sale of such Products will be final, with notice of such final sale stated in the Product  description and/or the Order acceptance confirmation. 

2.3 Shipping. All shipping times that may be shown on the Site or otherwise presented to you in connection  with an Order are estimates only. Actual delivery dates may vary. Shipping and delivery of the Products may be  performed by Sightful’s authorized third-party logistics partners and technicians. While Sightful will make a good  faith effort to deliver the Products in a timely manner and subject to our approval of your Application, and your  placement of an Order, Sightful is not responsible or liable for any delays or failure in such delivery, including  without limitation, delays based on weather or other events beyond Sightful’s reasonable control.  

Sightful ships Products to street addresses within the United States and its territories. Upon shipment, we, or one  of our third-party partners, will send you notice confirming the shipment at the email address associated with your  Order. We do not allow address changes after we send such email confirmation of your Order shipment. Not all  delivery options are available in all areas. All shipments are FOB Destination and the risk of loss and title for Products  you purchase passes to you upon our delivery of the Products to you.  

Replacement of Products and credits for shipped Products claimed as not received are subject to investigation,  which may include notifying the carrier. No casualty or damage, after such delivery, will relieve you from the  obligation to pay Fees (defined below), or to comply with any other obligations under this Agreement. Your  acceptance of delivery of any Product hereunder will be deemed your acknowledgement that (a) all Products listed  in the applicable Order have been received, and (b) such Products show no obvious signs of physical damage. Your  Product shipment will be delivered via UPS or any other carrier we may engage. All reports of damages to a Product  incurred during shipment must be reported to Sightful within three (3) business days of your receipt of the Product  by emailing Sightful’s customer support at support@sightful.com. Products damaged during shipment will be  subject to the terms of Sightful’s Return Policy.  

2.4 Tracking your order. As your Order ships, we, or one of our third-party shipping partners, will send you an  email providing the shipment tracking number(s). To see the detailed progress of your shipment, click on the  tracking number link provided in your email. Please note that tracking details may not be active immediately; in  that case, check back in several hours or the following day. 

2.5 Return Policy. Product returns are subject to our Return Policy located at  https://about.sightful.com/return/. If you are eligible for a return under our Return Policy, please follow the  procedures specified in the policy.  

2.6 Limited Product Warranty. For Products, the only warranty is the Limited Product Warranty available at  https://about.sightful.com/warranty/.

2.7 Custom Orders . After you place an Order on the Site, you may have the opportunity to provide a  photograph, or other proof of your vision prescription to one of our third-party partners by following the instructions provided to you by such third-party partner. Sightful does not access or store your prescription  information.  

2.8 Restriction on Resale. Products sold on the Site or otherwise by Sightful are not authorized for commercial  resale to any third parties. Sightful reserves the right to decline any Order that we deem to possess characteristics  of reselling. 

3. FEES.  

3.1 Orders and Fees. Sightful reserves the right at any time to change its prices and billing methods upon posting  to the Site or otherwise providing notice to you. You agree to pay all fees or charges (collectively “Fees”) you incur  in connection with any order you place in accordance with the fees, charges and billing terms in effect (e.g., as set  forth on the Site, or under the terms of any Supplemental Terms between you and Sightful) at the time such Fees  are due and payable. To place an order on the Site or otherwise, you must provide us with a valid Payment Provider  (as defined below), a current billing address, and any other information you are prompted to provide during the  ordering process. 

3.2 Payments. Payments for Orders must be made via credit card at the time of purchase. To pay for an Order, you  will need to provide Sightful’s payment processor (discussed below) with the information necessary to process your  order, which may include a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment  Provider”). Your Payment Provider agreement governs your use of the designated credit card, and you must refer  to that agreement, not this Agreement, to determine your rights and liabilities. By providing such payment  processor with your credit card number and associated payment information, you agree that we are authorized to  immediately invoice for all Fees due and payable to us for purchases made hereunder and that no additional notice  or consent is required. You agree to immediately notify us of any change in your billing address or the Payment  Provider used for payment hereunder. You represent and warrant that you will not use any Payment Provider or  other payment method unless you have all necessary authorization to do so.  

3.3 Payment Processor. Sightful uses Stripe, Inc. and its affiliates as the third-party service provider for payment  services (e.g., card acceptance and related services) (a “Third-Party Service Provider”). By purchasing a Product on  the Site, you agree to be bound by Stripe’s Privacy Policy (currently accessible at https://stripe.com/us/privacy) and  its Terms of Service (currently accessible at https://stripe.com/ssa) and hereby consent and authorize Sightful and  Stripe to share any information and payment instructions you provide with one or more Third-Party Service  Provider(s) to the minimum extent required to complete your transactions.  

3.4 Taxes and Fees. Unless otherwise specified at the time of purchase, all applicable taxes and other charges, if  any, are in addition to the prices shown for the Products. If Sightful determines it has a legal obligation to collect  any sales, use, excise, services or other tax measured by the value of sales or services (“Sales Tax”) from you in  connection with this Agreement, Sightful shall collect such Sales Tax in addition to the amounts required under this  Agreement. If any transactions made through the Site or otherwise, or your use of the Products under this  Agreement is subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Sightful,  you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax  authority, and you will indemnify Sightful for any liability or expense Sightful may incur in connection with such  Sales Taxes. Upon Sightful’s request, you will provide it with official receipts issued by the appropriate taxing  authority, or such other evidence that you have paid all applicable taxes.  

3.5 Bill Inquiries and Refunds. If you believe you have been billed in error, please notify us within thirty (30) days  from purchase by contacting us at support@sightful.com . Sightful will not issue refunds or credits after  the expiration of this thirty (30) day period, except where required by applicable law. 

3.6 Discounts. We may, in our sole discretion, create discounts and promotional codes that may be redeemed for  credit, or other features or benefits, subject to any additional terms that we establish on a per promotional code  basis (“Promo Codes”). Only Promo Codes sent to you through official Sightful communications channels are valid.  You agree that Promo Codes: (a) must be used for the intended audience and purpose, and in a lawful manner; (b)  may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted  to a public forum or otherwise), unless expressly permitted by us; (c) may be disabled by us at any time for any  reason without liability to us; (d) may only be used pursuant to the specific terms that we establish for such Promo  Code; (e) are not redeemable for cash; and (f) may expire prior to your use. 

4. FEEDBACK. If you provide Sightful with any feedback or suggestions regarding the Products or the Site  (“Feedback”), you hereby assign to Sightful and/or its affiliates all rights in such Feedback and agree that Sightful  shall have the right to use and fully exploit such Feedback and related information in any manner it deems  appropriate. Sightful will treat any Feedback you provide to Sightful as non-confidential. You agree that you will not  submit to Sightful any information or ideas that you consider to be confidential. 

5. SIGHTFUL COMMUNICATIONS 

5.1 Generally. You may have the opportunity to provide us with your e-mail address or phone number. By  providing your email address or phone number to us, you consent to receive email communications and/or  SMS/text communications from Sightful. Communications from us may include communications about your use of  the Products or the Products you have purchased through the Site.  

5.2 Promotional Email Communications. If you opt-in to receive marketing or promotional email  communications from us, you will have the ability to opt out of receiving such communications by following the  unsubscribe instructions in the communication itself. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO  CONSENT TO RECEIVE PROMOTIONAL EMAILS AS A CONDITION OF USING THE SITE OR PURCHASING PRODUCTS  THROUGH THE SITE.  

5.3 Electronic Communications. Communications between you and Sightful may use electronic means, whether  you use the Site or Products, or send us emails, or whether Sightful posts notices on the Site or communicates with  you via email. For contractual purposes, you (a) consent to receive communications from Sightful in an electronic  form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that  Sightful provides to you electronically satisfy any legal requirement that such communications would satisfy if they  were to be in a hardcopy writing. The foregoing does not affect your non-waivable rights. 

6. INDEMNIFICATION. You shall indemnify and hold Sightful (and its officers, employees, and agents) harmless,  including for costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of  (a) your use of, or inability to use the Site; (b) your violation of this Agreement; or (c) your violation of applicable  laws or regulations. Sightful reserves the right, at your expense, to assume the exclusive defense and control of any  matter for which you are required to indemnify us, and you shall cooperate with our defense of these claims. You  shall not to settle any matter without the prior written consent of Sightful. Sightful will use reasonable efforts to  notify you of any such claim, action or proceeding upon becoming aware of it. 

7. DISCLAIMERS 

7.1 No Commercial Use. We expressly disclaim any liability for any commercial use of a Product. We do not  warrant that Products can be commercially used in any specific regulated field or sector (for example, the  government, healthcare, medical, or educational fields), or are suitable or designed for use for any particular  commercial use, field or sector, or environment. It is your responsibility to determine whether a Product can be  used in compliance with applicable laws and regulations. You agree not to use a Product for any commercial use  that, under applicable law, would impose additional legal requirements on us or otherwise expose us to any liability  relating to any third party.

7.2 As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE  LAW AND EXCEPT AS SET FORTH IN OUR LIMITED WARRANTY, YOUR USE OF THE SITE AND PRODUCTS IS AT YOUR  SOLE RISK, AND THE SITE AND PRODUCTS ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITH ALL  FAULTS AND NO GUARANTEES REGARDING OUTCOMES OR PERFORMANCE. TO THE FULLEST EXTENT PERMITTED  BY APPLICABLE LAW, SIGHTFUL (AND OUR AFFILIATES) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND  CONDITIONS OF ANY KIND, WHETHER EXPRESS, SIGHTFUL, OR STATUTORY, INCLUDING ALL WARRANTIES OR  CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY,  OR NON-INFRINGEMENT ARISING FROM THE SITE AND PRODUCTS. WE (AND OUR AFFILIATES) MAKE NO  WARRANTY THAT THE SITE OR PRODUCTS WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN  UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR THAT IT WILL BE ACCURATE, RELIABLE, FREE OF  VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. INSOFAR AS SUCH WARRANTIES CANNOT BE  DISCLAIMED, SIGHTFUL LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF  SIGHTFUL’S EXPRESS LIMITED WARRANTY AND, AT SIGHTFUL’S OR ITS AFFILIATES’ OPTION, THE REFUND AND  REPLACEMENT REMEDIES DESCRIBED THEREIN.  

SOME JURISDICTIONS DO NOT ALLOW (I) THE EXCLUSION OF IMPLIED WARRANTIES OR (II) LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.  

8. LIMITATION ON LIABILITY 

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, SIGHTFUL SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE OR DATA, RESULTING FROM ANY BREACH OF AN EXPRESS OR IMPLIED WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, EVEN IF SIGHTFUL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY.  THE FOREGOING LIMITATION WILL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. TO THE MAXIMUM EXTENT PERMITTED BY LAW,NOTWITHSTANDINGANYTHINGTOTHE CONTRARY CONTAINED HEREIN,OUR LIABILITY TOYOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE ONE HUNDRED U.S. DOLLARS  ($100.00). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT. 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE LIMITATIONS OFDAMAGES SET FORTHABOVE ARE FUNDAMENTAL ELEMENTSOF THE BASISOF THE BARGAINBETWEENSIGHTFUL AND YOU. 

9. TERM AND TERMINATION. Subject to this Section, these Terms will remain in full force and effect while  you use the Site. We may suspend or terminate your rights to access or use the Site at any time for any reason at  our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights  under these Terms, your right to access and use the Site will terminate immediately. Sightful will not have any  liability whatsoever to you for any suspension or termination of your rights under these Terms. Even after your  rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections  1.2, 1.4, 1.5, and 2.5, 2.6, and 3 - 11. 

10. ARBITRATION CLAUSE AND CLASS ACTION WAIVER . Please read the following arbitration agreement in this  section (“Arbitration Agreement”) carefully. It requires that you and Sightful arbitrate disputes against one  another.

Dispute Resolution: PLEASE BE AWARE THAT THIS SECTION 10 CONTAINS PROVISIONS GOVERNING HOW  DISPUTES THAT YOU AND Sightful HAVE AGAINST EACH OTHER WILL BE RESOLVED. AMONG OTHER THINGS, THIS  SECTION 10 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL  DISPUTES BETWEEN YOU AND SIGHTFUL BE RESOLVED BY BINDING AND FINAL ARBITRATION. THIS SECTION 10  ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ THIS SECTION 10 CAREFULLY. 

10.1 Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and Sightful  agree that any dispute, claim, or disagreement arising out of or relating in any way to your access to or use of the  Site, any communications you receive, or the Terms, including claims and disputes that arose between us before  the effective date of these Terms (each, a “Dispute”) will be resolved by binding arbitration, rather than in court,  except that: (1) you and Sightful may assert claims or seek relief in small claims court if such claims qualify and  remain in small claims court; and (2) you or Sightful may seek equitable relief in court for infringement or other  misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights,  and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve  facts occurring before the existence of this or any prior versions of the Terms as well as claims that may arise after  the termination of these Terms.  

10.2 Informal Dispute Resolution. There may be instances when a Dispute arises between you and Sightful. If  that occurs, Sightful is committed to working with you to reach a reasonable resolution. You and Sightful agree that  good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome.  You and Sightful therefore agree that before either party commences arbitration against the other (or initiates an  action in small claims court if a party so elects), we will personally meet and confer telephonically or via  videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement  (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the  conference, but you also agree to participate in the conference. 

The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute  Resolution Conference (“Notice”), which shall occur within 45 days after the other party receives such Notice, unless  an extension is mutually agreed upon by the parties in writing. Notice to Sightful that you intend to initiate an  Informal Dispute Resolution Conference should be sent by email to support@sightful.com. The Notice  must include: (a) your name, telephone number, mailing address, e‐mail address associated with your account (if  you have one); (b) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (c)  a description of your Dispute. 

The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held  each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users  in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same  Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice  and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties  from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute  Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing  arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the  Informal Dispute Resolution Conference process required by this section. 

10.3 Waiver of Jury Trial. YOU AND SIGHTFUL 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 Sightful are instead electing that  all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection  entitled “Applicability of Arbitration Agreement” above. There is no judge or jury in arbitration, and court review of  an arbitration award is subject to very limited review. 

10.4 Waiver of Class and Other Non-Individualized Relief. YOU AND SIGHTFUL AGREE THAT, EXCEPT AS  SPECIFIED IN SUBSECTION 10.9 (BATCH ARBITRATION), EACH OF US MAY BRING CLAIMS AGAINST THE OTHER  ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE  PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED,  OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF  IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR  CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the  arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to  the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is  intended to, nor shall it, affect the terms and conditions under the subsection 10.9 (Batch Arbitration) entitled  “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by  means of a final decision, not subject to any further appeal or recourse, that the limitations of this subsection,  “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or  request for relief (such as a request for public injunctive relief), you and Sightful agree that that particular claim or  request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may  be litigated in the state or federal courts located in New York, New York. All other Disputes shall be arbitrated or  litigated in small claims court. This subsection does not prevent you or Sightful from participating in a class-wide  settlement of claims. 

10.5 Rules and Forum. These Terms evidence a transaction involving interstate commerce; and notwithstanding  any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1  et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration  proceedings. If the Informal Dispute Resolution Process described above does not resolve satisfactorily within sixty  (60) days after receipt of Notice, you and Sightful agree that either party shall have the right to finally resolve the  Dispute through binding arbitration. The arbitration will be conducted by JAMS, an established alternative dispute  resolution provider. Disputes involving claims, counterclaims, or request for relief 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 procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be  subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at  http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com  or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral  forum. Your responsibility to pay any JAMS fees and costs will be solely as set forth in the applicable JAMS rules.  

A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the  “Request”). The Request must include: (i) the name, telephone number, mailing address, e‐mail address of the party  seeking arbitration and the account username (if applicable) as well as the email address associated with any  applicable account; (ii) a statement of the legal claims being asserted and the factual bases of those claims; (iii) a  description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United  States Dollars; (iv) a statement certifying completion of the Informal Dispute Resolution process as described above;  and (v) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.  

If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name,  telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the  Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry  reasonable under the circumstances, that: (i) the Request is not being presented for any improper purpose, such as  to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims, defenses  and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying,  or reversing existing law or for establishing new law; and (iii) the factual and damages contentions have evidentiary 

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

Unless you and otherwise agree, or the Batch Arbitration process discussed in subsection 10.9 (Batch Arbitration)  is triggered, the arbitration will be conducted in the county where you reside. Subject to the applicable JAMS rules,  the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with  the expedited nature of the arbitration. 

You and Sightful agree that all materials and documents exchanged during the arbitration proceedings shall be kept  confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors,  and then subject to the condition that they agree to keep all materials and documents exchanged during the  arbitration proceedings confidential.  

10.6 Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state  of New York and will be selected by the parties from the JAMS roster of consumer dispute arbitrators. If the parties  are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then JAMS will appoint  the arbitrator in accordance with the applicable JAMS rules, provided that if the Batch Arbitration process under  subsection 10.9 (Batch Arbitration) is triggered, JAMS will appoint the arbitrator for each batch. 

10.7 Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including,  without limitation, disputes arising out of or related to the interpretation or application of the Arbitration  Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion  of the Arbitration Agreement, except for the following: (i) all Disputes arising out of or relating to the subsection  entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of the subsection  entitled “Waiver of Class and Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that  such subsection entitled “Waiver of Class and Other Non-Individualized Relief” has been breached, shall be decided  by a court of competent jurisdiction and not by an arbitrator; (ii) except as expressly contemplated in the subsection  entitled “Batch Arbitration,” all Disputes about the payment of arbitration fees shall be decided only by a court of  competent jurisdiction and not by an arbitrator; (iii) all Disputes about whether either party has satisfied any  condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an  arbitrator; and (iv) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a  court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with  any other matters or joined with any other cases or parties, except as expressly provided in the subsection entitled  “Batch Arbitration.” The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute.  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 award of the  arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court  having jurisdiction. 

10.8 Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless  the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was  brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).  If you or Sightful need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the  party that obtains an order compelling arbitration in such action shall have the right to collect from the other party  its reasonable costs, necessary disbursements, and reasonable attorneys' fees incurred in securing an order  compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any  condition precedent to arbitration, including the Informal Dispute Resolution Process, is entitled to recover their  reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.  

10.9 Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and  Sightful agree that in the event that there are one hundred (100) or more individual Requests of a substantially 

similar nature filed against Sightful by or with the assistance of the same law firm, group of law firms, or  organizations, within a thirty (30) day period (or as soon as possible thereafter), JAMS shall (i) administer the  arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left  over after the batching described above, a final batch consisting of the remaining Requests); (ii) appoint one  arbitrator for each batch; and (iii) provide for the resolution of each batch as a single consolidated arbitration with  one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a  place to be determined by the arbitrator, and one final award (“Batch Arbitration”). 

All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event  or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the  parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise JAMS, and  JAMS shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process  (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative  Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve  any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Sightful. 

You and Sightful agree to cooperate in good faith with JAMS to implement the Batch Arbitration process including  the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the  time and costs of arbitration, which may include: (i) the appointment of a discovery special master to assist the  arbitrator in the resolution of discovery disputes; and (ii) the adoption of an expedited calendar of the arbitration  proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or  mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances,  except as expressly set forth in this provision. 

10.10 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by  sending written notice of your decision to opt out to support@sightful.com, within thirty (30) days after  first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email  address you used to set up your Sightful account (if you have one), and an unequivocal statement that you want to  opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms  of Service will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other  arbitration agreements that you may currently have, or may enter in the future, with us. 

10.11 Invalidity, Expiration. Except as provided in the subsection entitled “Waiver of Class or Other Non Individualized Relief”, if any part or parts of this Arbitration Agreement are found under the law to be invalid or  unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the  remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute  that you have with Sightful as detailed in this Arbitration Agreement must be initiated via arbitration within the  applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree  that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of  limitation would apply in the applicable court of competent jurisdiction. 

10.12 Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if Sightful makes  any future material change to this Arbitration Agreement, it will notify you. Unless you reject the change within  thirty (30) days of such change becoming effective by emailing Sightful at: support@sightful.com, your  continued use of the Site, including the acceptance of products offered on or through the Site, following the posting  of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this  Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you  have previously agreed to a version of these Terms and did not validly opt out of arbitration. If you reject any change  or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising  out of or relating in any way to your access to or use of the Site, , any communications you receive, or the  Agreement, the provisions of this Arbitration Agreement as of the date you first accepted these Terms (or accepted 

any subsequent changes to these Terms) remain in full force and effect. Sightful will continue to honor any valid  opt outs of the Arbitration Agreement that you made to a prior version of these Terms. 

11. GENERAL 

11.1 Force Majeure. Sightful shall not be liable to you for any failure to perform its obligations due to an event  beyond Sightful’s control, including, but not limited to, any act of god, terrorism, war, political insurgence,  insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood, pandemic, epidemic, or  any other natural or man-made eventuality outside of that party’s control, which causes the termination of an  agreement or contract entered into, or which could not have been reasonably foreseen. In the event that Sightful  is impacted by such an event, Sightful shall inform you and use all reasonable endeavors to comply with these Terms  of Service. 

11.2 Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court,  both you and Sightful agree that all claims and disputes arising out of or relating to this Agreement will be litigated  exclusively in the state or federal courts located in New York, New York. 

11.3 Disclosures. If you are a California resident, you may report complaints to the Complaint Assistance Unit of  the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing  at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. 

11.4 Copyright/Trademark Information. Copyright © 2023, Sightful, Inc. All rights reserved. All trademarks,  logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You  are not permitted to use these Marks without our prior written consent or the consent of such third party which  may own the Marks. All goodwill generated from the use of any Sightful Marks will inure to Sightful’s benefit. 

11.5 Miscellaneous. These Terms of Service represent the entire agreement governing your use of the Site,  including your purchase of Products on the Site, and any prior agreements have no force or effect. Our failure to  exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.  Except as otherwise provided herein, no addition, amendment to or modification of this Agreement shall be  effective unless it is in writing and signed by and on behalf of both parties. The section titles in this Agreement are  for convenience only and have no legal or contractual effect. The word “including” means “including without  limitation”. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other  provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified  so that it is valid and enforceable to the maximum extent permitted by law. These Terms of Service shall not be  governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of  which is expressly excluded.  

11.6 Contact Information:  

Sightful, Inc. 

Email: support@sightful.com

‍