Last Updated: January 1, 2025

Please read these Terms of Service (the “Agreement”) carefully because they are a binding agreement between you and Pelotero Corporation (“Pelotero,” “we,” “us,” or “our”) and apply to your use of our website at https://www.pelotero.com (the “Website”) and all of its sub-domains, the platform we make available through the Website (the “Platform”), and any applications we make available to you for download to your mobile device (each, an “App”). The Website, Platform, and any Apps, together with our related services and social media pages, are collectively referred to as our “Services”.

By clicking on an “accept” button, creating a Pelotero Account, or otherwise visiting, accessing, and/or using our Services, you automatically agree to this Agreement, you acknowledge our Privacy Policy, and you certify that you are at least 13 years of age and that you are providing truthful and accurate information about yourself.

Changes to Agreement

We may change, modify, add or remove portions of this Agreement (each, an “Update”) at any time and in our sole discretion without prior notice to you and such Updates will be effective immediately. If we make Updates to this Agreement, we will change the "Last Updated" date above. Your continued use of the Services will confirm your acceptance of the updated Agreement. We encourage you to frequently review the Agreement to ensure you understand the latest terms and conditions associated with use of the Services. If you do not agree to the updated Agreement, you must discontinue using the Services.

Privacy Policy

Please refer to our Privacy Policy (the “Privacy Policy") at https://pelotero.com/privacy-policy for information regarding how we collect, use, and disclose information about you in connection with your use of our Services, and regarding how others collect, use, and disclose information about you. The terms and conditions of our Privacy Policy are incorporated into this Agreement.

Authorized Users

• Companies, Organizations & Other Legal Entities. If you are entering into this Agreement on behalf of a company, organization, or other legal entity, you represent that you have the authority to bind such entity and its affiliates, in which case the terms “you” or “your” shall also refer to such entity and its affiliates. You further agree that you assume responsibility in connection with your use of the Services on behalf of such company, organization, or other legal entity.

• Children. The Services are available only for individuals aged 13 years or older. If you are age 13 or older but under the age of 18 (or the legal age of majority where you reside if that jurisdiction has an older age of majority), then you agree to review this Agreement with your parent or guardian to make sure that both you and your parent or guardian understand and agree to this Agreement. You agree to have your parent or guardian review and accept this Agreement on your behalf. If you are a parent or guardian agreeing to this Agreement for the benefit of a child, then you agree to and accept full responsibility for that child’s use of any of our Services, including all investments, financial charges and/or legal liability that the child may incur.

We may, in our sole discretion, refuse to offer Services to any person or entity and change the eligibility criteria for using the Services at any time.

Terms of Access and Use

Subject to your compliance with this Agreement and all applicable laws, Pelotero grants you a limited, nonexclusive, non-transferable and revocable license to access and use the Website, Platform, and other Services (as applicable), together with Pelotero Content, in accordance with the terms and conditions of this Agreement and any separate written agreement with Pelotero providing for additional terms and conditions applicable to your relationship with Pelotero.

As between you and Pelotero, you are responsible for obtaining and maintaining all computer hardware, software, communications and equipment needed to access and use the Services, and for paying all associated third-party access charges. Pelotero may monitor any and all use of the Services by you and collect information about your use of the Services in accordance with our Privacy Policy. Pelotero may use such data for its business purposes, and may disclose the same, provided that use or disclosure of your personal information shall be subject to our Privacy Policy.

Pelotero Accounts

Account Creation. You must register and set up an account in order to access our Platform. The Platform is available only to users who have registered and have been granted accounts and credentials. We offer different types of accounts depending on how you are using the Services (each, a “Pelotero Account”):

• Organization Accounts. For organizations and their coaches (“Coaches”) to access the Pelotero Platform to register Players for access to the Pelotero Platform and to submit, manage and access performance data about Players as mutually agreed with Pelotero.

• Player Accounts: For athletes (“Players”) who utilize the Services to view, store, organize, manage, and utilize training programs and store and manage performance data.

When you create a Pelotero Account, Pelotero requires you to provide certain account information (“Account Information”) and a password to access your Pelotero Account. You must provide true, accurate, current and complete Account Information and you agree to update your Account Information in order to ensure that it remains current. Once you have created your Pelotero Account, you can securely access the Platform online. You may only possess one Pelotero Account at a time. Pelotero reserves the right to reject your registration without explanation.

Account Security. You are responsible for all activity that occurs under your Pelotero Account, including any activity by unauthorized users. You may not allow others to use your Pelotero Account, and you agree to maintain the security and confidentiality of passwords and other credentials (as well as any communications transmitting such credentials to you) associated with your Pelotero Account. If you discover or suspect any unauthorized access or other security breaches pertaining to your Pelotero Account or the Services in general, please notify us as soon as possible at customercare@pelotero.com.

Account Deletion. You may submit a request to Pelotero to deactivate or permanently delete your Pelotero Account at any time, for any reason, by contacting us at the information provided below. You will remain liable for all obligations related to your Pelotero Account even after the Pelotero Account is closed. In certain circumstances it may not be possible to close your Pelotero Account right away, such as when there is an ongoing investigation, a pending transaction, an open dispute or claim, or if amounts are owed by you to us or others.

App Terms

We may make an App available to you in connection with the Services for collecting performance data about Players and transmitting that data to Pelotero. The App is hosted and operated by a third party service provider to Pelotero, and your access to and use of the App may be subject to additional terms and conditions made available to you by such third party (“App Terms”).

You must at all times access and use the App in accordance with this Agreement, all applicable laws, and any App Terms. You may delete the App from your mobile device by using the standard uninstall processes as may be available as part of your mobile device.

Modification to Services

Pelotero may, at any time and for any reason, change, update or discontinue Services, or any part thereof, with or without notice. We may add or remove features including without limitation making free services into paid services and vice versa. Pelotero will not be liable to you or to any third party for any modification, suspension or discontinuance of Services as permitted herein.

We will give you appropriate advance notice about any major changes, although you understand that we may stop, suspend, or change our Services at any time without prior notice. You may terminate this Agreement at any time by ceasing to use our Services.

Conduct Guidelines

The rights granted to you under this Agreement are subject to the following conduct guidelines concerning the Services:

• You will not copy, reproduce, distribute, transmit, republish, post, or publicly display the Services without Pelotero’s prior written consent;

• You will not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, frame, reverse compile or reverse engineer any part of the Services;

• You will not access or use the Services to build a similar or competitive service or application;

• You will not remove or destroy any copyright notices or other proprietary markings contained on or in any portion of the Services;

• You will not use any scraping, data mining, robots or similar data gathering or extraction methods on the Services, and you will not collect or harvest any personally identifiable information;

• You will not create or compile, directly or indirectly, any collection, compilation, database, or directory from the Services;

• You will not disrupt the operation of the Services in any manner or impose an unreasonable or disproportionately large load on our infrastructure, for example by using methods such as denial of service attacks, flooding or spamming;

• You will not transmit any "junk mail", "chain letter" or "spam" or any other similar solicitation;

• You will not attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Services;

• You will not probe, scan or test the vulnerability of our system or network or attempt to breach security or authentication measures;

• You will not upload invalid data, viruses, worms, keyloggers, spyware, Trojan horses, time bombs, malicious or harmful code, or other software agents through the Services;

• You will not use the Services other than for their intended purposes;

• and You will not access or use the Services in an unlawful way or for an unlawful or illegitimate purpose.

You are solely responsible for complying with all laws, rules and regulations applicable to you when you use the Services. You agree to comply with the above conduct and usage requirements and agree not to assist or permit any person to engage in any conduct that does not comply with these requirements. Any use of the Services in violation of this Agreement is prohibited and may result in our suspension or termination of your right to use the Services, and may possibly expose you to legal action and damages.

Transactions & Payments

Pelotero may offer you fee-based subscriptions and other products or services that may be purchased through the Website and Platform. Pelotero will facilitate your payment of fees, charges and/or taxes for any purchased items using a third party payment processor as described in more detail in our Privacy Policy. Pelotero does not collect or retain payment card information. All charges through the Website and Platform are final and non-refundable.

Content and Data

• Pelotero Content. Except for User Data and Third Party Content (defined below), all information and materials contained on or within the Services, including, but not limited to, text, graphics, HTML, look and feel, images, designs, photographs, audio, video, icons, typefaces, software (both source and object code), format, queries, algorithms and written and other materials and information (collectively, "Pelotero Content"), as well as their selection and arrangement, and all intellectual property and other rights relating to Pelotero Content, as between you and Pelotero, are solely and exclusively owned by Pelotero. You will not delete or alter any copyright, trademark or other proprietary rights notices from Pelotero Content.

• User Data. You grant to Pelotero a non-exclusive license to copy, use and display any and all data, information or communications (including personal data) provided by you while accessing the Services (“User Data”) to the extent necessary for Pelotero to operate the Services, its business and/or to facilitate interactions or transactions with you. You acknowledge that Pelotero exercises no control whatsoever over the content of the User Data and it is your sole responsibility, at your own expense, to provide the information, and to ensure that the information you transmit or receive complies with all applicable laws and regulations now in place or enacted in the future. Pelotero is under no obligation, however, to review User Data for accuracy, potential liability or for any other reason. If you delete your Pelotero Account, your User Data will be retained by Pelotero on an anonymized basis. Any User Data is posted and otherwise made available on our Website or Platform or through the App on a non-confidential and non-proprietary basis. We reserve the right to use, not use, or discontinue using any User Data in our sole discretion at any time, subject to the terms of our Privacy Policy. PELOTERO DOES NOT ENDORSE ANY USER DATA SUBMITTED THROUGH THE SERVICES, AND PELOTERO HAS NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO ANY USER DATA SUBMITTED THROUGH THE SERVICES OR FOR ANY RESULTS CAUSED BY USING SUCH USER CONTENT.

• Third Party Content. The Services may contain proprietary information and materials licensed or provided to Pelotero by third parties in connection with Pelotero’s provision of the Services and/or other business purposes (collectively, “Third Party Content”). Third Party Content is the copyrighted work of its owner, who expressly retains all right, title and interest in and to the Third Party Content, including, without limitation, all intellectual property rights therein and thereto.

You acknowledge and understand that any data and information made available to you through the Services will be the most recent data and information we have available. We make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, or fitness for purpose of any data and information made available through the Services and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded.

No Reliance

Any reliance you place on the Services, Pelotero Content and/or Third Party Content is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or by anyone who may be informed of or exposed to such materials. THE SERVICES MAY PROVIDE GENERAL INFORMATION ABOUT PERFORMANCE AND FITNESS. SUCH INFORMATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE MAKING MEDICAL CLAIMS OR BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT PROVIDED BY A DOCTOR OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL. YOU SHOULD NOT DISREGARD MEDICAL ADVICE OR DELAY SEEKING MEDICAL CARE BASED ON ANYTHING PRESENTED ON OR THROUGH THE SERVICES. PELOTERO IS NOT ENGAGED IN RENDERING MEDICAL OR SIMILAR PROFESSIONAL SERVICES, AND ANY DATA OR INFORMATION MADE AVAILABLE ON OR THROUGH THE SERVICES SHOULD NOT BE USED FOR DIAGNOSING A HEALTH PROBLEM.

All statements and/or opinions expressed in the Third Party Content are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Pelotero. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Disclaimers

THE SERVICES, PELOTERO CONTENT AND THIRD PARTY CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE” AND WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND. PELOTERO DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE SERVICES, PELOTERO CONTENT AND THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF ACCURACY, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY OF INFORMATION AND FITNESS FOR A PARTICULAR PURPOSE.

PELOTERO MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE INFORMATION IN THE SERVICES. PELOTERO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE SERVICES ARE FREE OF VIRUSES, BUGS, DEFECTS, ERRORS, OR OTHER HARMFUL CODE, OR PROGRAMS INTENDED TO INTERCEPT OR ACQUIRE DATA.

PELOTERO CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET, OR FOR YOUR MISUSE OF ANY DATA, INFORMATION, ADVICE, IDEAS, CONTENT, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE SERVICES. PELOTERO DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF THE INTERNET, COMPUTER SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, MOBILE DEVICES, SOFTWARE OR FAILURE OF EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING INJURY OR DAMAGE TO ANY COMPUTER OR MOBILE DEVICE RELATED TO OR RESULTING FROM THE SERVICES.

Please note, the ability to exclude warranties varies in different jurisdictions. To the extent that a jurisdiction places limits on the ability for a party to exclude warranties, these exclusions exist to the extent permitted by law. Because of this jurisdictional variance, some of the above exclusions may not apply to you.

Social Media

When we make available certain social media features through Facebook, X, Instagram, YouTube or other social media sites, you may take such actions as are enabled by those features. Please be aware that activities on our social media sites, or facilitated by or through our social media sites, are subject to the terms and conditions of the applicable social media site(s). Any information or content provided to social media sites may be processed and used by the applicable social media sites in accordance with their policies and any agreements with Pelotero.

Links to Other Sites

Our Services may contain links to other websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data, or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies and terms of use for the other websites you visit.

Ownership

Pelotero and/or its licensors own all right, title and interest, including all related intellectual property rights, in and to the Website, Platform, App, and other Services, Pelotero Content, any performance data provided by or on behalf of Players and Coaches, and Third Party Content. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Website, Platform, App, other Services, Pelotero Content or Third Party Content. Pelotero reserves all rights not expressly granted in this Agreement.

All trademarks, service marks, logos, slogans and taglines displayed on or through the Services are the property of Pelotero and its licensors or their respective owners and nothing contained herein should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on or through the Services without the express written permission of Pelotero, or such third-party that may own the trademark, service mark, logo, slogan or tagline.

Your Feedback

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). We may ask for your Feedback in connection with your use of the Services, and you can always submit Feedback by emailing us at customercare@pelotero.com.

You grant us a nonexclusive, irrevocable, worldwide, royalty-free, fully paid up right and license to use any Feedback provided by you to us with respect to the Services, and we can use, disclose, reproduce, license and otherwise distribute and exploit Feedback in any manner without obligation or restriction of any kind on account of intellectual property rights or otherwise. Pelotero will treat any Feedback you provide to us as non-confidential and non-proprietary.

Consent to Electronic Notice

If you provide your email address to Pelotero through the Website or Platform, or by e-mailing Pelotero directly, you agree that Pelotero may communicate with you electronically regarding administrative, security and other issues relating to your use of the Services. You agree that any notices, agreements, disclosures or other communications that Pelotero sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing. The foregoing does not affect your statutory rights.

Communications Related to Services – Consent to Receive Text Messages

By providing your mobile number, you are agreeing to be contacted by or on behalf of Pelotero at the mobile number you have provided, including calls and text messages, to receive informational, Services-related communications (e.g., authentication, order confirmations, etc.). Message and data rates may apply.

Limitation of Liability

IN NO EVENT SHALL PELOTERO OR ITS AFFILIATES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, LICENSORS OR SUPPLIERS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING LOST PROFITS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR DEVICE OR OTHERWISE, OR SIMILAR DAMAGES) RESULTING FROM OR RELATING TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION (I) YOUR USE OR INABILITY TO USE THE SERVICES, OR ERRORS, MISTAKES, OR INACCURACIES IN PELOTERO CONTENT OR THIRD PARTY CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE SERVICES, (III) ANY INFRINGEMENT BY THE SERVICES OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES, (V) ANY ERRORS OR OMISSIONS IN THE SERVICES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PELOTERO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD-PARTY FOR ANY USE, INABILITY TO USE, MODIFICATION, SUSPENSION, OR WITHDRAWAL OF THE SERVICES, OR ANY FEATURES, PARTS, OR CONTENT OF THE SERVICES.

General Release

You are solely responsible for all claims, injuries (including death), illnesses, damages, liabilities, and costs (“Liabilities”) suffered by you or any third party as a result of your use of the Services. To the maximum extent permitted by applicable law, you hereby release the Pelotero Parties (as defined below) from any and all responsibility and liability for the foregoing.

YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE. IF YOU ARE A CALIFORNIA RESIDENT, YOU ACKNOWLEDGE AND HEREBY EXPRESSLY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against the Pelotero Parties pertaining to the subject matter of this section.

Indemnification By You

Without limiting the generality or effecting other provisions of this Agreement, as a condition of accessing or using the Services, you agree, at your expense, to indemnify and hold harmless Pelotero and its affiliates, licensors and suppliers, and our and their officers, directors, employees and agents (“Pelotero Parties”), from and against any and all losses, costs, damages, liabilities and expenses (including without limitation attorneys' fees) in relation to or arising from (i) your use or inability to use the Services, (ii) your failure to comply with any applicable laws and regulations (including any privacy laws), (iii) your violation of any third party right, including without limitation any copyright, property or privacy right, or (iv) your breach of any obligations set forth in this Agreement. You shall not settle any such claim without the written consent of the applicable indemnified party.

For any third-party claim covered under this indemnification provision, we will notify you upon becoming aware of the claim, and you will also defend such claim at your expense if instructed by us to do so. If we or our partners or licensors are obligated to respond to a third-party subpoena or other compulsory legal order or process, you will also reimburse us for reasonable attorneys’ fees, as well as employees’ and contractors’ time and materials spent responding to the third-party subpoena or other compulsory legal order or process at the applicable then-current hourly rates.

Term, Suspension and Termination

This Agreement will remain in full force and effect while you use the Services. We reserve the right (but have no obligation) to investigate and/or take appropriate action against you in our sole discretion if you violate this Agreement or otherwise create liability for us or any other person. Such actions could include suspending or terminating your rights with respect to the Services, with or without notice. If your rights with respect to the Services are suspended or terminated, you agree to make no further use of the Services as directed by Pelotero for the duration of the suspension or indefinitely following termination.

ARBITRATION CLAUSE & CLASS ACTION WAIVER – APPLICABLE TO THE FULL EXTENT PERMITTED BY LAW

Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Boston, Massachusetts, United States of America, before one arbitrator. The language to be used in the arbitral proceedings will be English. If the dispute, claim or controversy exceeds $250,000, the arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (the “Rules”), and if not, the arbitration shall be administered by JAMS pursuant to the Rules and in accordance with the Expedited Procedures or similar process set forth in the Rules. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

In any arbitration arising out of or related to this Agreement, the arbitrator shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator determines a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.

YOU AND PELOTERO AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding.

YOU AND PELOTERO EACH HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY FOR DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT, AND THIS WAIVER APPLIES REGARDLESS OF THE TYPE OF DISPUTE, WHETHER PROCEEDING UNDER CLAIMS OF CONTRACT OR TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR ANY OTHER THEORY.

Location of the Services

We operate or control the Services from within the United States. We make no representation or warranty that all of the features of the Services will be available to you outside of the United States, or that they are permitted to be accessed outside of the United States. You acknowledge that you are solely responsible for any decision by you to use the Services from other locations, and that such use may be subject to, and that you are responsible for, compliance with applicable local laws.

You shall adhere to all applicable export control laws and regulations with respect to the Services, and will not export or re-export or permit access to the Services, in whole or in part, directly or indirectly, to any country to which such export or re-export is restricted by any laws or regulations of the U.S. unless properly authorized by the U.S. Government. You represent that you or your company/organization is not named on any U.S. or other applicable government denied-party list.

Force Majeure

You agree that Pelotero is not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, pandemics and epidemics, labor shortages (including lawful and unlawful strikes), embargoes, communications disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

Governing Law and Venue

This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, United States of America, without regard to its rules on conflicts or choice of law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

General Terms

This Agreement, together with the Privacy Policy and any separate written agreements between you and Pelotero, constitute the sole agreements between you and Pelotero for your use of the Services, and the subject matter hereof. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Should any provision of this Agreement be held invalid or unenforceable, such provision will be modified to the extent necessary to render it enforceable without losing its intent or severed from this Agreement if no such modification is possible, and other provisions of this Agreement will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. This Agreement and any rights and licenses granted hereunder, may not be transferred, delegated or assigned by you, but may be assigned, delegated or transferred by Pelotero without restriction. Any attempted assignment, subcontract, delegation or transfer by you in violation of the foregoing will be null and void. This Agreement shall be binding upon and inure to the benefit of each of the parties and the parties’ respective successors and permitted assigns. Certain of our licensors and suppliers may be third-party beneficiaries of this Agreement and have the right to enforce this Agreement against you.

Contact Information

If you have any questions about the Website, Platform, App, or this Agreement, please contact us at customercare@pelotero.com.