Terms of Service

GOT WONDER
TERMS OF USE AGREEMENT

Last Updated Date: December 14th, 2023

Welcome and thank you for your interest in Got Wonder Inc. (“Wonder”, “we”, “us” or “our”).  This Terms of Use Agreement (“Terms of Use”, and together with any applicable Supplemental Terms (as defined below), the “Agreement”) describes the terms and conditions that apply to your use of the Wonder mobile applications that we offer subject to these Terms of Use  (the “Service”).

Our Service involves Wonder, an AI Companion, that allows parents and legal guardians (“Guardians”) to set the parameters of and monitor their child’s or dependent’s (“Child” or “Children”) browsing activities on the Internet.  Wonder will guide Children through the Internet within the parameters set by the Guardians and tailor Internet content based on each Child’s stated interests.  On the Service, Guardians can establish a family account which enables themselves, and their specified Children, to access and use the Service.

Please read this Agreement carefully.  The term “you” refers collectively to both (i) Guardians and (ii) Children identified during the account registration process.  By accessing or using the Service in any way, accepting this Agreement by clicking on the “I Accept” button or completing the account registration process, you represent that: (1) you have read, understand, and agree to be bound by this Agreement; (2) you are of legal age to form a binding contract with Wonder; and (3) you are not barred from using the Service under the laws of the United States, your place of residence or any other applicable jurisdiction; and (4) you have the authority to enter into this Agreement personally; and (5) that the Guardian accepting these terms on behalf of a Child is a parent or legal guardian of the Child, and that such Guardian and their Child have reviewed this Agreement together, and that the Guardian agrees to these Terms of Use on each Child’s behalf and takes full responsibility for their Child’s compliance with them.  Guardians that are a parent or legal guardian must provide all information necessary to Wonder to ensure verifiable parental consent as required by applicable law.  Children understand that they cannot later void this agreement with Wonder as a minor without losing access to the Service, and Guardians acknowledge that they are responsible for their Child’s actions and any obligations their Child has incurred while access the features and functions of the Service.  Certain sections of the Terms of Use shall apply only to Guardians, and certain sections shall apply only to Children.  If you do not agree to be bound by this Agreement, you may not access or use the Service.  The Agreement is subject to change by Wonder in its sole discretion at any time as set forth in Section 15.4 (Agreement Updates). Section 14 (Arbitration Agreement) contains provisions that govern how to resolve disputes between you and Wonder.  Among other things, Section 14 (Arbitration Agreement) includes an agreement to arbitrate which requires, with limited exceptions, that all disputes between you and us shall be resolved by binding and final arbitration.  Section 14 also contains a class action and jury trial waiver.  Please read Section 14 (Arbitration Agreement) carefully.

Unless you opt out of the Arbitration Agreement (as defined in Section 14) within thirty (30) days in accordance with Section 14.10 (30-day right to opt out): (1) you will only be permitted to pursue disputes or claims and seek relief against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you waive your right to participate in a class action lawsuit or class-wide arbitration; and (2) you are waiving your right to pursue disputes or claims and seek relief in a court of law and to have a jury trial.

Please note that if you opt-in to obtain text messages from Wonder, Section 3 (Wonder Communications) of this Agreement below contains terms related to our text message services.

1. OUR SERVICE. 

1. Service. The Service and the information and content available on the Service are protected by applicable intellectual property (including copyright) laws.  Our Service includes Wonder, and the information contained within the application and dashboard.  However, while our Service helps Children navigate the Internet, the Service does not include the information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials (“Content”) accessible through the Service that is taken from the Internet (collectively, “Internet Content”).  

2. Accounts. When a Guardian registers on the Service, they create a family account (“Family Account”).  The Guardian creates an administrative account on the Service which permits them to manage a Child’s access and use of the Service (“Guardian Account”). The Guardian may then designate the Child or Children that will have access to the Service through the Family Account which permits the Child to use the Service directly (each a “Child Account”).  The Guardian Account and the Child Accounts are each an “Account”.  The Guardian that registers the Family Account is the primary administrator. The Guardian may designate an additional parent, guardian or adult to join the Family Account and, upon their registration, such parent, guardian or adult will be a “Guardian” and shall have the same administrative controls as the primary administrator.  The primary administrators are able to determine the parameters of the Internet Content that is shown to the Children through the Child Account.  The Child Account(s) and Guardian Account(s) are linked through the Family Account, but are independent of each other and have different access to the Service.  Additional Children and Guardians can be added to a single Family Account.  Guardians in the Guardian Account are also able to monitor and view the browsing history and conversation history with Wonder.  Each Child acknowledges and agrees that Guardians can set the parameters of the Child’s browsing activities, and that Guardians are able to view the Child’s search history on the Service.

3. Application License and Wonder Software.  Subject to your compliance with this Agreement, Wonder grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Wonder Application (“Application”) that you own or control and to run such copy of the Application solely for your own personal purposes.  Use of any software and associated documentation, other than the Application, that is made available via the Service (“Software”) is governed by the terms of the license agreement that accompanies or is included with the Software, or by the license agreement expressly stated when the Software is provided.  These license terms may be posted with the Software downloads or where the Software can be accessed.  Unless you agree to the terms of such license agreement, you shall not use, download, or install any Software that is accompanied by or includes a license agreement.  At no time will Wonder provide you with any tangible copy of our Software.  Wonder delivers access to the Software via electronic transfer or download and does not use or deliver any tangible media in connection with the (i) delivery, installation, updating or problem resolution of any Software (including any new releases); or (ii) delivery, correction or updating of documentation.  Unless the accompanying license agreement expressly allows otherwise, any copying or redistribution of the Software is prohibited, including any copying or redistribution of the Software to any other server or location, or redistribution or use on a service bureau basis.  If there is any conflict between this Agreement and the license agreement, the license agreement takes precedence in relation to that Software (except as provided in the following sentence).  If the Software is a pre-release version, then, notwithstanding anything to the contrary included within an accompanying license agreement, you are not permitted to use or otherwise rely on the Software for any commercial or production purposes.  If you and Wonder have not entered into a separate license agreement with respect to your use of the Software or if no license agreement accompanies use of the Software, use of the Software will be governed by this Agreement and, subject to your compliance with this Agreement, Wonder grants you a non-assignable, non-transferable, non-sublicensable, revocable, non-exclusive license to use the Software for the sole purpose of enabling you to use the Service in the manner permitted by this Agreement.  Some Software may be offered under an open source license that we will make available to you upon your written request.  There may be provisions in the open source license that expressly override this Agreement.

4. Supplemental Terms and Updates.  Your use of, and participation in, certain features and functionality of the Service may be subject to additional terms (“Supplemental Terms”).  Such Supplemental Terms will either be set forth in the applicable supplemental services or will be presented to you for your acceptance when you sign up to use the supplemental services.  If these Terms of Use are inconsistent with the Supplemental Terms, then the Supplemental Terms control with respect to such supplemental services.  You understand that the Service is constantly evolving.  As a result, Wonder may require you to accept updates to the Software or Applications that you have installed on the devices through which you access or use the Service (“Device”).  You acknowledge and agree that Wonder may update the Service with or without notifying you.  You may need to update third-party software from time to time in order to continue to use the Service.  Any future release, update or other addition to the Service shall be subject to this Agreement.  

5. Beta.  From time to time, Wonder may offer new “Beta” features or tools with which its users may experiment.  Such features or tools are offered solely for experimental purposes and without warranty of any kind, and may be modified or discontinued at Wonder’s sole discretion.

6. Privacy Policy.  We care about data privacy and security. Please review our Privacy Policy: https://hellowonder.ai/privacy. Please be advised the Service is hosted in the United States. By agreeing to this Agreement, you acknowledge that you have read the privacy policy and understand its contents, or if you are Child, that you have read the privacy policy together with your Guardian.

7. Phone Numbers.  As part of the Service, Wonder may make available optionality for Children to receive telephone numbers connected to their Accounts. With such telephone numbers, Children may text external numbers through the Service, and external numbers may text the Child to that telephone number, which shall appear as in-app message in the Services. Wonder may suspend or terminate such telephone numbers and functionality at any time.  All use of such services must comply with these Terms, and the terms of the Third-Party Application provider, which are currently available at: https://www.bandwidth.com/legal/acceptable-use-policy/ and https://bw-mkt-wp-website.s3.us-east-2.amazonaws.com/wp-content/uploads/2023/09/20140859/MessagingProductTerms02102023.pdf. Guardians are solely responsible for monitoring a Child’s use of such functionality and such Child’s compliance with the additional terms.

2. REGISTRATION.  When a Guardian registers a Guardian Account and a Child Account on the Service, you shall (i) provide true, accurate, current, and complete information about yourself and your Child as prompted by the registration form (the “Registration Data”), and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.  You are responsible for all activities that occur under your Account.  You shall restrict use of your Account by others (including restricting use of your Guardian Account by minors) and you will accept full responsibility for any unauthorized use of the Service by others.  If you provide any information that Wonder has reasonable grounds to suspect that any information you provide is untrue, inaccurate, incomplete or not current, Wonder has the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof).  You shall not have more than one Account at any given time.  Wonder reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights.  You agree not to create an Account or use the Service if you have been previously removed by Wonder, or if you have been previously banned from the Service.  You must provide all Devices and other equipment or software (excluding Software) necessary to access or use the Service.  You are solely responsible for any fees, including internet connection or mobile fees, that you incur when accessing the Service.

3. WONDER COMMUNICATIONS. By entering into this Agreement or using the Service, and providing us with your contact information, you agree to receive communications from us, including via e-mail, text message, and/or calls.  You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems, or our third party providers who may receive, store and process your contact information solely for the purpose of providing such communication services.  Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your Account or the use of the Service, updates concerning new and existing features on the Service, communications concerning promotions run by us or our third-party partners, and news concerning Wonder and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages that we send. If you wish to opt out of promotional emails, you can unsubscribe from our promotional email list by following the unsubscribe options in the promotional email itself, notifying Wonder, or modifying your notification settings through the Service. If you wish to opt out of promotional calls or texts, you may do so by modifying your notification settings through the Service or notifying Wonder. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Service. If you wish to opt out of all texts or calls from us (including operational or transactional texts or calls), you can modify your notification settings through the Service. However, you acknowledge that opting out of receiving all texts or calls may impact your use of the Service.

4. RESPONSIBILITY FOR CONTENT.

8. User Content.  You acknowledge that you, and not Wonder, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Service (“Your Content”).  Wonder does not claim ownership of Your Content.  However, when you make available any Content on or to the Service, you represent that you own and/or have sufficient rights to Your Content to grant the license set forth in Section 5.3 (License to Your Content).  By submitting Your Content to the Service, you hereby expressly permit Wonder to identify you by your username as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.

9. Internet Content.  You acknowledge and agree that the Service is designed to serve Internet Content to a Child based on the parameters set by the Guardian and the interest areas communicated by the Child.  Although we take measures to align the Internet Content with such parameters, Wonder leverages Third-Party Services in filtering Internet Content and Wonder cannot guarantee that the Internet Content will always match those parameters or interest areas and the Service may serve Internet Content that is outside of such parameters or interest areas.  Wonder is also not the author, creator or owner of the Internet Content that is suggested by the Service, nor is Wonder responsible for the content of such Internet Content. You acknowledge and agree that the Internet Content suggested by the Service is merely a recommendation based on the parameters set by the Guardian, and Wonder does not, and has no obligation to, independently review, monitor or verify the appropriateness of all Internet Content, or adherence to the parameters set by the Guardian, that is ultimately displayed on the Service.

10. Storage and Access.  Unless expressly agreed to by Wonder in writing elsewhere, Wonder has no obligation to store any of Your Content.  Certain features and functionality of the Service may enable you to specify the level at which the Service restricts access to Your Content.  In such cases, you are solely responsible for applying the appropriate level of access to Your Content.  If you do not choose a level of access, the system may default to its most permissive setting.  

11. User Conduct.  As a condition of use, you agree not to use the Service for any purpose that is prohibited by this Agreement or by applicable law.  You shall not (and shall not permit any third party) to: (i) license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Service or any portion of the Service; (ii) frame or utilize framing techniques to enclose any trademark or logo located on the Service or any other portion of the Service (including images, text, page layout or form); (iii) use any metatags or other “hidden text” using Wonder’s name or trademarks; (iv) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Service except to the extent the foregoing restrictions are expressly prohibited by applicable law; (v) use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to “scrape” or download data from any web pages contained in the Service (vi) impersonate any person or entity, including any employee or representative of Wonder; (vii) interfere with or attempts to interfere with the proper functioning of the Service or use the Service in any way not expressly permitted by this Agreement, including but not limited to violating or attempting to violate any security features of the Service, introducing viruses, worms, or similar harmful code into the Service, or interfering or attempting to interfere with use of the Service by any other user, host, or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Service; or (viii) take any action or make available any Content on or through the Service that: (a) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, offensive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (b) constitutes unauthorized or unsolicited advertising, junk or bulk email; or (c) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes without Wonder’s prior written consent.  Furthermore, Your Content may not contain nudity, violence, sexually explicit, or offensive subject matter as determined by Wonder in its sole discretion.  You may not post or make available a photograph of another person without that person’s permission.

12. Investigations.  Wonder may, but is not obligated to, (a) investigate, monitor, pre-screen, remove, refuse, or review the Internet Content at any time or your use of the Service and (b) monitor or review your communications with Wonder through the Service and your communications between other Account holders in the Family Account.  You hereby provide your irrevocable consent to such monitoring.  You acknowledge and agree that, you have no expectation of privacy concerning the transmission of Your Content to any other person within the Family Account, including without limitation chat, text, or voice communications, and that Wonder may remove or refuse to post any of Your Content for any or no reason in our sole discretion.

13. Interactions with Other Users.  You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service; provided, however, that Wonder reserves the right, but has no obligation, to intercede in any disputes between you and any other users.  Wonder is not responsible for the individual decisions made by any Guardian or Child.  In the event that there is a dispute between Guardians regarding a Child’s use of the Service, including the parameters set for the display of Internet Content, or a dispute between Account holders regarding the termination of a Guardian Account or Child Account or deletion of Your Content, Wonder is not required to intervene and resolve such dispute.  You agree that Wonder will not be responsible for any liability incurred as the result of your interactions with other users, including the decisions made by other Guardians or Child.  Wonder is not responsible for and does not control Your Content.  Wonder does not approve or endorse, or make any representations or warranties with respect to, Your Content.  You use all Your Content and interact with other users at your own risk.

5. OWNERSHIP.

1. The Service.  Except with respect to Your Content, you agree that Wonder and its suppliers or licensors own all rights, title and interest in the Service (including but not limited to, any computer code, themes, objects, characters, character names, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation, and Wonder software that is contained upon or comprises the Service, excluding Internet Content).  You shall not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service.

2. Trademarks.  Wonder and all related stylizations, graphics, logos, service marks and trade names used on or with the Service are the trademarks of Wonder and may not be used without permission in connection with your, or any third-party’s, products or services.  Other trademarks, service marks and trade names that may appear on or in the Service are the property of their respective owners.

3. License to Your Content.  Subject to any applicable Account settings that you select, you grant Wonder a non-exclusive, transferable, perpetual, irrevocable, worldwide, fully-paid, royalty-free, sublicensable (through multiple tiers of sublicensees) right (including any moral rights) and license to use, copy, reproduce, modify, adapt, prepare derivative works from, translate, distribute, publicly perform, publicly display and derive revenue or other remuneration from Your Content (in whole or in part) for the purposes of operating and providing the Service to you and to our other users.  Please remember that other users may be able to search for, see, use, modify and/or reproduce any of Your Content that you submit to any area of the Service that is accessible by other users, including Guardians under the Family Account.  

4. Training our Service. Our Service is designed to suggest Internet Content based on the parameters set by Guardians, and the interests proposed by the Child, to provide a more personalized and enriching experience for the Child.  In order to achieve this, you acknowledge that we may use Your Content and other information provided by you (both Guardians and the Child), to train our Service, including our underlying and third party artificial intelligence models used to provide the Service, in order to provide a better personalized experience.  Wonder utilizes third party large language models to deliver the Service and may share Your Content with such third party models to provide and improve the Service.  In addition, Wonder may aggregate and/or de-identify Your Content and other information provided by you as well as including information and data on how the Service is used by you and other users of the Service (“Aggregated Data”).  Wonder reserves the right to use such Aggregated Data to improve its products and services, including for machine learning training and development of artificial intelligence modules, and other legitimate business purposes.  

5. Feedback.  You agree that submission of any ideas, suggestions, documents, and/or proposals to Wonder through its suggestion, feedback, forum, or similar pages (“Feedback”) is at your own risk and that Wonder has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback.  You represent and warrant that you have all rights necessary to submit the Feedback.  You hereby grant to Wonder a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Service and/or Wonder’s business.

6. THIRD-PARTY SERVICES.

1. Third-Party Websites and Applications.  The Service contains links to third-party websites (“Third-Party Websites”) or applications (“Third-Party Applications”) on the Internet (collectively, the “Third-Party Services”).  When you click on a link to a Third-Party Services, you become subject to the terms and conditions (including privacy policies) of another website or destination.  Wonder merely suggests these Third-Party Services as responsive to the input of the Child and the parameters set by the Guardians, and we do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services, or any product or service provided in connection therewith.  You acknowledge that Wonder cannot guarantee that any products or services provided by such Third-Party Services will be within the parameters set by the Guardians. You use all links in Third-Party Services at your own risk.  When you leave the Service, this Agreement and our policies no longer govern.  You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Services, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

2. Third-Party Application Access.  With respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you shall only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple Media Terms of Services, except that such App Store Sourced Application may be accessed, acquired, and used by other accounts associated with the purchaser via Apple’s Family Sharing function, volume purchasing, or Legacy Contacts function.  Notwithstanding the first sentence in this section, with respect to any Application accessed through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of the Application on a shared basis within your designated family group.

3. Accessing and Downloading the Application from the Apple App Store.  The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:

1. You acknowledge and agree that (i) this Agreement is concluded between you and Wonder only, and not Apple, and (ii) Wonder, not Apple, is solely responsible for the App Store Sourced Application and content thereof.  Your use of the App Store Sourced Application must comply with the App Store Terms of Services.

2. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

3. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application.  As between Wonder and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Wonder.

4. You and Wonder acknowledge that, as between Wonder and Apple, Apple is not responsible for addressing any claims you have or of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

5. You and Wonder acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Wonder and Apple, Wonder, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.

6. You and Wonder acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.

7. Without limiting any other terms of this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

7. FEES AND ADVERTISING REVENUE.  Wonder does not currently charge for access to the Service.  However, Wonder reserves the right to charge fees for access to certain features of the Service and may require you to accept Supplemental Terms before permitting you access to such features.  Wonder reserves the right to display Third-Party Ads before, after, or in conjunction with Content posted on the Service, and you acknowledge and agree that Wonder has no obligation to you in connection therewith (including, without limitation, any obligation to share revenue received by Wonder as a result of such advertising).  You acknowledge that Wonder may partner with providers of Third-Party Services in delivering Third-Party Ads on the Service.

8. INDEMNIFICATION.  You shall indemnify and hold Wonder, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “Wonder Party” and collectively, the “Wonder Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (i) Your Content; (ii) your use of, or inability to use, the Service; (iii) your violation of this Agreement; (iv) your violation of any rights of another party, including any user; (v) your violation of any applicable laws, rules or regulations; or (vi) any dispute between you and any other user (such as a Guardian or Child) under a given Family Account.  Wonder reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Wonder in asserting any available defenses.  This provision does not require you to indemnify any of the Wonder Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Service provided hereunder.  You agree that the provisions in this section will survive any termination of your Account, this Agreement and/or your access to the Service.

9. DISCLAIMER OF WARRANTIES.

1. As Is.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS.  THE WONDER PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICE.  THE WONDER PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL SUCCESSFULLY CONTRIBUTE TO SUCCESSFUL DEVELOPMENT OUTCOMES FOR CHILDREN; (2) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE INTERNET CONTENT SUGGESTED THROUGH THE USE OF THE SERVICE WILL BE ACCURATE, APPROPRIATE OR RELIABLE.  THE SERVICE MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS.  WONDER MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO THE SERVICE, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF THE SERVICE.  

2. Internet Content. GUARDIANS ARE SOLELY RESPONSIBLE FOR SETTING, MONITORING AND UPDATING THE PARAMETERS OF THE INTERNET CONTENT THAT MAY BE SHOWN TO CHILDEN. ANY INTERNET CONTENT ACCESSED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY HARM OR LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT. WONDER DOES NOT GUARANTEE THAT THE INTERNET CONTENT WILL MATCH OR FIT WITHIN THE PARAMETERS SET BY THE GUARDIANS.

3. The Service.  YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE PROVIDED BY WONDER IS AN ARTIFICIAL INTELLIGENCE-POWERED OUTPUT GENERATION TOOL ONLY AND DO NOT CONSTITUTE ANY WARRANTY OR GUARANTY THAT THE SERVICE OR THE INTERNET CONTENT WILL PROVIDE ACCURATE, TAILORED OR INFORMATIVE OUTPUT OR RESULTS.  YOU ACKNOWLEDGE THAT THE SERVICE LEVERAGES THIRD PARTY PROVIDERS, INCLUDING PROVIDERS OF LARGE LANGUAGE MODELS, AND THAT WONDER IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD WONDER LIABLE, FOR SUCH THIRD PARTY PROVIDERS, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTY PROVIDERS RESTS ENTIRELY WITH YOU.  YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICE AND ANY OUTPUT RESULTING THEREFROM.  YOU SHOULD EVALUATE THE FITNESS OF ANY OUTPUT AS APPROPRIATE FOR YOUR SPECIFIC USE CASE.  WONDER MAKES NO REPRESENTATION OR WARRANTY ABOUT THE PERFORMANCE OF ANY THIRD PARTY PROVIDERS, AND SUCH THIRD PARTY PROVIDERS ARE NOT UNDER THE CONTROL OF WONDER.

4. No Liability for Conduct of Other Users or Third Parties.  YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS, INCLUDING OTHER USERS UNDER YOUR FAMILY ACCOUNT, AND THIRD PARTIES ON THE SERVICE.  YOU ACKNOWLEDGE AND AGREE THAT THE WONDER PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE WONDER PARTIES LIABLE, FOR THE CONDUCT OF OTHER USERS AND THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, THIRD PARTY SERVICES AND THAT THE RISK OF INJURY FROM SUCH OTHER USERS AND THIRD PARTIES RESTS ENTIRELY WITH YOU.  YOU UNDERSTAND THAT WONDER DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS.  WONDER MAKES NO WARRANTY THAT THE GOODS, PRODUCTS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.  WONDER MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH THE SERVICE.

10. LIMITATION OF LIABILITY.  YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL THE WONDER PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT ANY WONDER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICE, OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE OR THIRD PARTIES, ON ANY THEORY OF LIABILITY, INCLUDING TO THE EXTENT RESULTING FROM: (i) THE USE OR INABILITY TO USE THE SERVICE; (ii) ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED; OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY OTHER USER OR THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATED TO THE SERVICE, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.  THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY TO LIABILITY OF A WONDER PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A WONDER PARTY’S NEGLIGENCE; OR FOR (A) ANY INJURY CAUSED BY A WONDER PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.  TO THE FULLEST EXTENT PERMITTED BY LAW, THE WONDER PARTIES SHALL NOT BE LIABLE TO YOU FOR MORE THAN ONE HUNDRED DOLLARS ($100); OR, IF APPLICABLE, THE STATUTORY REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES.  THE FOREGOING CAP ON LIABILITY DOES NOT APPLY TO LIABILITY OF A WONDER PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A WONDER PARTY’S NEGLIGENCE; OR (B) ANY INJURY CAUSED BY A WONDER PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.  WONDER ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.  CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.  THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASES OF THE BARGIN BETWEEN WONDER AND YOU.

11. PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY RIGHT INFRINGEMENT.  It is Wonder’s policy to terminate membership privileges of any user who repeatedly infringes copyright, trademark, or other intellectual property rights upon prompt notification to Wonder by the respective intellectual property owner or their legal agent.  Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes intellectual property rights infringement, please provide our designated intellectual property agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright, trademark, or other intellectual property right; (ii) a description of the copyrighted work, trademark, or other intellectual property right that you claim has been infringed; (iii) a description of the location on the Service of the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright, trademark, or other intellectual property right owner, its agent or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright, trademark, or other intellectual property right owner or authorized to act on the copyright, trademark, or other intellectual property right owner’s behalf.  Contact information for Wonder’s designated agent for notice of claims of infringement is as follows: Brian Backus (DMCA-1056850) 1360 Montgomery St, Apt 3 San Francisco, CA 94133.

12. TERM AND TERMINATION.  The term of this Agreement commences on the date when you accept this Agreement (as described in the preamble above), and continues in full force and effect while you use the Service, unless terminated earlier in accordance with this Agreement.  If you have materially breached any provision of this Agreement, or if Wonder is required to do so by law (e.g., where the provision of the Service is, or becomes, unlawful), Wonder has the right to, immediately and without notice, suspend or terminate the Service provided to you.  Wonder reserves the right to terminate this Agreement or your access to the Service at any time without cause upon notice to you.  You agree that all terminations for cause are made in Wonder’s sole discretion and that Wonder shall not be liable to you or any third party for any termination of your Account.  If you want to terminate this Agreement, you may do so by (i) notifying Wonder at any time and (ii) closing your Family Account for the Service.  Your notice should be sent, in writing, to Wonder’s address set forth below.  Any such termination will be effective immediately upon Wonder’s receipt of your notice of termination. A Guardian with primary administrator credentials is able to terminate any Child Account or Guardian Account that is not associated with a primary administrator. Upon termination of the Service or the applicable feature or functionality thereof, your right to use the Service or the applicable feature or functionality thereof will automatically terminate, and we may delete Your Content associated therewith from our live databases.  If we terminate your Account for cause, we may also bar your further use or access to the Service.  Wonder will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content.  All provisions of this Agreement which by their nature should survive, will survive termination of the Service, including without limitation, ownership provisions, warranty disclaimers, and limitations of liability.  If this Agreement is terminated for cause by Wonder or if your Account or ability to access the Service is discontinued by Wonder due to your violation of any portion of this Agreement or for conduct otherwise deemed inappropriate, then you agree that you shall not attempt to re-register with or access the Service through use of a different member name or otherwise.

13. INTERNATIONAL USERS.  The Service may be accessed from countries around the world and may contain references to services and Content that are not available in your country.  These references do not imply that Wonder intends to announce such service or Content in your country.  The Service is controlled and offered by Wonder from its facilities in the United States of America.  Wonder makes no representations that the Service is appropriate or available for use in other locations.  Those who access or use the Service from other countries do so at their own volition and are responsible for compliance with local law.

14. ARBITRATION AGREEMENT.  Please read this section (the “Arbitration Agreement”) carefully.  It is part of your contract with Wonder and affects your rights.  It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

5. Applicability of Arbitration Agreement.  Subject to the terms of this Arbitration Agreement, you and Wonder agree that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of the Service, any communications you receive, any products sold or distributed through the Service or this Agreement and prior versions of this Agreement, including claims and disputes that arose between you and us before the effective date of this Agreement (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (i) you and Wonder may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (ii) you or Wonder 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 this Agreement as well as claims that may arise after the termination of this Agreement.

6. Informal Dispute Resolution.  There might be instances when a Dispute arises between you and Wonder.  If that occurs, Wonder is committed to working with you to reach a reasonable resolution.  You and Wonder agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome (“Informal Dispute Resolution”).  You and Wonder 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 will also 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 forty-five (45) days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties.  Notice to Wonder that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to legal@hellowonder.ai or regular mail to our offices located at 1827 SE 57th Ave, Portland, OR 97215.  The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your Account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) 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.

7. Waiver of Jury Trial.  YOU AND WONDER 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 Wonder are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 14.1 (Applicability of Arbitration Agreement).  There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

8. Waiver of Class and Other Non-Individualized Relief.  YOU AND WONDER AGREE THAT, EXCEPT AS SPECIFIED IN SECTION 14.9 (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 Section 14.9 (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 section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Wonder 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 the State of New York.  All other Disputes shall be arbitrated or litigated in small claims court.  This section does not prevent you or Wonder from participating in a class-wide settlement of claims.

9. Rules and Forum.  This Agreement evidences 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 your Notice, you and Wonder agree that either party shall have the right to finally resolve the Dispute through binding arbitration.  The arbitration will be administered by the American Arbitration Association (“AAA”), in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this section of this Arbitration Agreement.  The AAA Rules are currently available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf.

A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”).  The Request must include: (1) 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; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) 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: (1) 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; (2) 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 (3) 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 Wonder otherwise agree, or the Batch Arbitration process discussed in Section 14.9 (Batch Arbitration) is triggered, the arbitration will be conducted in the county where you reside.  Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration.  If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum.  Your responsibility to pay any AAA fees and costs will be solely set forth in the applicable AAA Rules.

You and Wonder 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 shall be subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.

10. 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 AAA’s 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 the AAA will appoint the arbitrator in accordance with the AAA Rules, provided that if the Batch Arbitration process under Section 14.9 (Batch Arbitration) is triggered, the AAA will appoint the arbitrator for each batch.

11. 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: (1) all Disputes arising out of or relating to Section 14.4 (Waiver of Class and Other Non-Individualized Relief), including any claim that all or part of Section 14.4 (Waiver of Class and Other Non-Individualized Relief) is unenforceable, illegal, void or voidable, or that such Section 14.4 (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; (2) except as expressly contemplated in Section 14.9 (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; (3) 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 (4) 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 Section 14.9 (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.

12. 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 Wonder 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.

13. Batch Arbitration.  To increase the efficiency of administration and resolution of arbitrations, you and Wonder agree that in the event that there are one-hundred (100) or more individual Requests of a substantially similar nature filed against Wonder 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), the AAA shall (1) 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); (2) appoint one arbitrator for each batch; and (3) 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 the AAA, and the AAA 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 Wonder.

You and Wonder agree to cooperate in good faith with the AAA 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: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) 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.

14. 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: 1827 SE 57th Ave, Portland OR, 97215     , within thirty (30) days after first becoming subject to this Arbitration Agreement.  Your notice must include your name and address, the email address associated with your 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 this Agreement 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.

15. Invalidity, Expiration.  Except as provided in Section 14.4 (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 Wonder 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.

16. Modification.  Notwithstanding any provision in this Agreement to the contrary, we agree that if Wonder makes any future material change to this Arbitration Agreement, we will notify you.  Unless you reject the change within thirty (30) days of such change become effective by writing to Wonder at 1827 SE 57th Ave, Portland OR, 97215     , your continued use of the Service, including the acceptance of products and services offered on the Service 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 this Agreement 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 Service, any communications you receive, any products sold or distributed through the Service or this Agreement, the provisions of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement) remain in full force and effect.  Wonder will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of this Agreement.

15. GENERAL PROVISIONS.

17. Electronic Communications.  The communications between you and Wonder may take place via electronic means, whether you visit the Service or send Wonder emails, or whether Wonder posts notices on the Service or communicates with you via email.  For contractual purposes, you (i) consent to receive communications from Wonder in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Wonder electronically provides to you satisfy any legal requirement that such communications would satisfy if it were to be in writing.  The foregoing does not affect your statutory rights.

18. Assignment.  The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Wonder’s prior written consent.  Any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.  Wonder may, without your consent, freely assign and transfer this Agreement, including any of its rights, obligations, or licenses granted under this Agreement.  

19. Questions, Complaints, Claims.  If you have any questions, complaints or claims with respect to the Service, please contact us at: legal@hellowonder.ai.  If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.  In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

20. Agreement Updates.  When changes are made, Wonder will make a new copy of this Terms of Use and/or Supplemental Terms, as applicable, available on the Service, and we will also update the “Last Updated” date at the top of this Agreement.  If we make any material changes and you have registered an Account with us, we will also send an email with an updated copy of this Agreement to you at the email address associated with your Account.  Unless otherwise stated in such update, any changes to this Agreement will be effective immediately for users without an Account and thirty (30) days after posting for users with an Account.  Wonder may require you to provide consent to the updated Agreement in a specified manner before further use of the Service is permitted.  IF YOU DO NOT AGREE TO ANY CHANGE(S) AFTER RECEIVING A NOTICE OF SUCH CHANGE(S), YOU SHALL STOP USING THE SERVICE.

21. Governing Law and Venue.  To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Wonder 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. THIS AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF NEW YORK, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.  THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT.

22. Notice.  Where Wonder requires that you provide an email address, you are responsible for providing Wonder with a valid and current email address.  In the event that the email address you provide to Wonder is not valid, or for any reason is not capable of delivering to you any notices required by this Agreement, Wonder’s dispatch of the email containing such notice will nonetheless constitute effective notice.  You may give notice to Wonder at the following address: 1827 SE 57th Ave, Portland, OR 97215.  Such notice shall be deemed given when received by Wonder by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

23. Waiver and Severability.  Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.  If any portion of this Agreement is held invalid or unenforceable, that portion must be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions must remain in full force and effect.

24. Export Control.  You may not use, export, import, or transfer the Service except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Service, and any other applicable laws.  In particular, but without limitation, the Service may not be exported or re-exported (i) into any United States embargoed countries, or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Service, you represent and warrant that (A) 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 (B) you are not listed on any U.S. Government list of prohibited or restricted parties.  You also will not use the Service for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.  You acknowledge and agree that products, services or technology provided by Wonder are subject to the export control laws and regulations of the United States.  You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Wonder products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

25. Entire Agreement.  The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.