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PARENT WITH PURPOSE

Terms & Conditions

Last Updated: December 10, 2023

Welcome to the Era App, developed by Parent Lab Inc. The following terms and conditions, together with any document they incorporate by reference, including without limitation the Privacy Policy (collectively, these “Terms of Use” or “Terms”) apply to your access to and use of the Era App (the  “App”) provided by Parent Lab Inc. and its affiliates (“Parent Lab”, “we”, “us”) and constitute an agreement between the user (“you”) and Parent Lab. Please read these terms and any other terms referenced herein carefully. We may, in our sole discretion, revise these Terms of Use from time to time taking effect on the date of posting. 

IMPORTANT: BY CLICKING TO INDICATE YOUR ACCEPTANCE OR OTHERWISE USING OR ENGAGING WITH OUR APP IN ANY WAY, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND ARE BOUND BY THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO RESOLVING ANY DISPUTE IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS OF USE AND YOU AGREE TO WAIVE YOUR RIGHTS TO PARTICIPATE IN A  CLASS ACTION LAWSUIT AND TO A JURY TRIAL.

PLEASE BE AWARE THAT THESE TERMS INCLUDE LIMITATIONS ON THE LIABILITY OF PARENT LAB AND OUR OBLIGATIONS RELATING TO THE SERVICES, CERTAIN CONDITIONS WITH RESPECT TO JURISDICTION, AND CERTAIN EXCLUSIONS OF PARENT LAB’S RESPONSIBILITY WE DO NOT PROVIDE MEDICAL OR PSYCHIATRIC ADVICE VIA THE APP.

If your use of the App is terminated, these Terms of Use will continue to apply and be binding on you in respect of your prior use of the App and any unauthorized future use thereof.  If you do not agree with the Terms of Use, then do not access or use the App.

In addition to these Terms, we may ask you to accept additional terms that apply to specific features, promotions, products or services (including, but not limited to, posted fees, billing procedures, promotion rules and subscription services). To the extent any additional terms conflict with these Terms, the additional terms govern with respect to your access to or use of the applicable feature, promotions, product or service.

  1. PRIVACY

How we collect, use and disclose information, including personal information, that you provide to us via the App is described in our Privacy Policy found at: https://getera.app/privacy-policy

  1. ACCESS TO THE APP

Subject to your compliance with these Terms, we grant you a right to use the App. Your right to use the App will terminate immediately in the event that you are in breach of any of the Terms. We may terminate this right at any time for any reason or no reason. Except for the rights expressly granted herein, we reserve all other rights, and no other rights, licenses or permissions are granted by implication or otherwise. In addition to the other restrictions described in these Terms, the following restrictions apply to your access to the App:

  1. You must be at least 13 years of age to access or use our App. If you are under 18 years of age (or the age of legal majority where you live), you may only access or use our App under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority where you live), you agree to be bound by these Terms and any applicable additional terms, and are fully responsible for the acts or omissions of such user in connection with our App.
  1. The App is provided for personal use only. Organizations, companies, or businesses may not use the App for any purpose. You may not use the App if you have previously been suspended or removed from the App. Certain App features may not be available in all jurisdictions, and we reserve the right to impose additional eligibility requirements.
  1. The App is intended for access and use from within the continental United States, Alaska, Hawaii, Puerto Rico or other U.S. territories (the “United States”). If you choose to access the App from outside of the United States, you do so at your own risk and are responsible for compliance with all local laws, rules, and regulations that may apply.

Parent Lab may, at its option and in its sole discretion, suspend, restrict or terminate your access to the App if: (i) we are so required by a facially valid subpoena, court order or binding order of any government authority; (ii) we reasonably suspect you of using the App in connection with any prohibited uses stated [in section XX]; (iii) your use of the App is subject to any pending litigation, investigation or government proceeding and/or we, in our sole discretion, perceive a heightened risk of legal or regulatory non-compliance associated with your activity; (iv) any of our service partners are unable to support your use thereof; (v) you take any action that Parent Lab deems in its sole discretion as circumventing Parent Lab’s controls or safety mechanisms, or abusing promotions which Client may offer from time to time; or (vi) you breach these Terms of Use.

If Parent Lab suspends or terminates your use of the App for any reason, we will provide you with notice of our actions, unless a court order or other legal process prevents or prohibits us from providing you with such notice. You acknowledge that Parent Lab’s decision to take certain actions, including limiting access to or suspending your access to the App, may be based on confidential criteria that are essential to Parent Lab’s risk management and/or security protocols. You agree that Parent Lab is under no obligation to disclose the details of its risk management and/or security procedures to you.  

  1. USER ACCOUNTS

You may need to register for an account to access some or all of our App, including any subscription services. If you register for an account, you are responsible for providing accurate account information and promptly updating this information if it changes. If you create a user account you are responsible for the security and confidentiality of your account and account credentials. You are entirely responsible for any and all activities that occur on your account. You agree to immediately notify us if you discover or suspect a breach of your account, including if you become aware that someone has accessed your account without authorization. If you permit others to use your account credentials, you are responsible for the activities of those users. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the App.

By creating a user account, you agree to receive service related electronic communications from us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You may opt-out of receiving promotional emails that you have previously opted-in to at any time by following the instructions to unsubscribe, as provided therein. 

SMS REGISTRATION & LOGGING IN

  1. When you register or log in to your Parent Lab account, you may be asked to provide a phone number to receive an account verification code. This campaign sends one-time passcodes to your phone number when you register for an account and log in on Parent Lab’s mobile app. 
  1. You can cancel the SMS service at any time. Just text “STOP” to the phone number. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just log out and log in again and we will start sending SMS messages to you again.
  1. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at hello@getera.app.
  1. Carriers are not liable for delayed or undelivered messages
  1. As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency may vary. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
  1. If you have any questions regarding privacy, please read our privacy policy.
  1. OPERATION OF THE APP

We cannot guarantee the continuous, uninterrupted, or error-free operability of the App.  There may be times when all of (or certain features, parts, or content of) the App become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended, or withdrawn. Such modifications, suspensions, and withdrawals are in our sole discretion and may be without notice to you. You agree that we will not be liable to you or to any third-party for any unavailability, modification, suspension, or withdrawal of the App, or any features, parts, or content of the App.

  1. APP CONTENTS

The contents of our App, such as text, graphics, images, information obtained from Parent Lab’s licensors, and other material contained in the App (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical or psychiatric advice, diagnosis, or treatment. Always seek the advice of a qualified mental health provider with any question you may have.

Parent Lab does not recommend or endorse any specific tests, psychologist, social worker, mental health care provider, products, procedures, opinions, or other information that may be mentioned or provided on the App. Reliance on any information provided by Parent Lab, Parent Lab employees, your interactions with the App, others contributing Content appearing on the App at the invitation of Parent Lab, or other visitors to the App is solely at your own risk.

Unless otherwise noted, all Contents on the App, whether publicly posted or privately transmitted, as well as all derivative works are property owned, controlled, licensed, or used with permission by Parent Lab, and/or its parents, subsidiaries and affiliates or other parties that have licensed to or otherwise permitted their material to be used by Parent Lab. The sApp as a whole and theContents provided on the App are protected by copyright, trademark, trade dress and other laws and all worldwide right, title and interest in and to the App and its Contents are owned by Parent Lab or used with permission. Era, Parent Lab, the Parent Lab and Era logos, and all other trademarks appearing on the App are trademarks of Parent Lab or are licensed or used with permission of the owner by Parent Lab. You agree not to display or use such trademarks without Parent Labs prior written permission. Except as expressly set forth herein, nothing in the Terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading or using the App. Parent Lab disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than its own.

The Contents of the Services, and the Services as a whole, are intended solely for personal, non-commercial use by the users of the App and may not be used except as permitted in these Terms of Use. You may share Content from the site with the use of the social media links (i.e. “share:” “pin it” and “tweet”) provided on our App. You may also share content from the App via email through the use of our “share” link. Except as noted above, you may not reproduce, republish, publish, upload, post, transmit, distribute (including by email or other electronic means), reverse engineer, publicly display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the App, or any related software without the prior written consent of Parent Lab or the owner of such material. Nothing contained on the App grants or should be construed as granting, any license or right to use, implied or otherwise, any trademarks, trade names, service marks, trade dress, copyrighted or other proprietary material displayed on the App without the prior written consent of Parent Lab or the owner of such material. All rights not expressly granted herein by Parent Lab to you are reserved by Parent Lab and/or its licensors. Third-party trade names, product names, and logos, contained in this website may be the trademarks or registered trademarks of their respective owners. You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use our App for your own personal use and to install our mobile applications on a device that you own or control; however, such license is subject to these Terms and does not include any right to:

Modify the App or make any copies of the Content from the App; 

Delete, alter, or remove any copyright, trademark, or other proprietary rights notices or markings from any Content available on the App, or otherwise make any derivative uses of any Content available on the App; 

Use any illustrations, photographs, video or audio sequences or any graphics available through the App separately from the accompanying text;

Reverse engineer any aspect of our App or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our App; or

Use our Services other than for their intended purposes.

Any use of our App other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.

The information presented on or through the App, including Content, is made available solely for general information purposes. We may update the Content on the App from time to time, but we cannot guarantee that the Content is complete or up-to-date. Any of the material on the App may be out of date at any given time, and we will try to update such material from time to time.

Our App, including the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein, are owned by or licensed to Parent Lab and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, Parent Lab and our licensors reserve all rights in and to our App.

  1. USER CONTENT

When you interact with the App you are strictly prohibited from submitting any Content that: (i) you know or should have known was infringing or likely to infringe on a third-party’s intellectual property rights, (ii) disabling, ignoring, or not using any relevant citation, filtering or safety features or restrictions provided by the App, (iii) modifying, transforming, or using Content provided via your interaction with the App in combination with products or services not provided by or on behalf of the App, or (iv) submitting Content that you do not have the right to use or fine-tuning files to generate Content you do not have the right to use.

Our App may allow you and other users to create, post, store and share content, including messages, text, photos, videos, software, artwork, audio, music, animations and other materials (collectively, “User Content”).  Any User Content you send to or provide to Parent Lab, including through your interaction with the App, by email or other means may be used by Parent Lab for any purpose.  By submitting User Content to us through the App, email or other means, you irrevocably transfer and assign to Parent Lab, and forever waive, and agree never to assert, any copyrights or other rights that you may have in such material. We are free to use, without obligation of any kind, any ideas, concepts, techniques, or know-how contained in any communication you send to us or to the App for any purpose whatsoever. This paragraph shall not apply to your personal information, which is defined in and governed by the Privacy Policy.

All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Parent Lab on or by the App or otherwise disclosed, submitted or offered in connection with your use of the App (collectively, “Comments”) shall be and remain Parent Lab’s property. By submitting Comments to us through the App, email or other means, you irrevocably transfer and assign to Parent Lab, and forever waive, and agree never to assert, any copyrights or other rights that you may have in such material. We are free to use, without obligation of any kind, any ideas, concepts, techniques, or know-how contained in any Comments you send to us or to the App for any purpose whatsoever. Parent Lab is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that none of the Comments submitted by you to the Services will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that none of the Comments submitted by you through the App or otherwise will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make. This paragraph shall not apply to your personal information, which is defined in and governed by the Privacy Policy.

  1. THIRD-PARTY CONTENT

In addition to User Content, Parent Lab may provide third-party content on our App and may provide links to web pages and content of third parties (collectively, the “Third-Party Content”). Parent Lab does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. Parent Lab does not create, update, or monitor Third-Party Content and is not responsible for any Third-Party Content. You are responsible for deciding if you want to access or use Third-Party Content or applications that link from our App. Your correspondence or business dealings with, or participation in promotions of, or advertisers found on or through our App are solely between you and such advertiser. Access and use of such Third-Party Content, including the information, materials, products, and services on or available through any third party sites is solely at your own risk.

  1. PARENT LAB PAYMENT TERMS

Parent Lab may offer different types of digital content for which you may (a) purchase a limited license to use via the Services (“Purchased Content”) or (b) earn or otherwise receive a limited license to use via the Services ((“Earned Content” together with the Purchased Content, collectively, “Accessible Content”). You understand that while you may “earn” “buy” or “purchase” Accessible Contents in our Services, you do not legally “own” the Accessible Contents.

Payment and Billing. Your purchase of Accessible Contents through platforms such as the Apple App Store, Google Play, Amazon or Facebook is subject to those platforms’ payment terms and conditions and Parent Lab is not a party to the transaction. Parent Lab does not control how you can pay or how any refunds may be issued on those platforms. Please review those platforms’ terms of service for additional information. You represent and warrant that you are authorized to use the payment method you use to purchase Accessible Contents. You authorize the applicable platform to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or canceled. You must resolve any problem encountered in order to proceed with your order. When you acquire a limited license to use Accessible Contents from our Services, we and/or the platform may send you an acknowledgment email that will have details of the items you have ordered. Please check that the details in the acknowledgment message are correct as soon as possible and keep a copy of it for your records.

Pricing and Taxes. All prices for Accessible Contents are shown in U.S. dollars and do not include applicable taxes and other charges, unless we state otherwise. Prices for Contents are subject to change at any time, but changes will not affect any order you have already placed. You are responsible for any sales, use, value-added or other governmental taxes, fees or duties due with respect to your order. We may collect applicable taxes if we determine we have a duty to collect taxes.

Subscriptions. We may offer different subscription plans for purchasing Contents (each, a “Subscription”). WHEN YOU PURCHASE A SUBSCRIPTION,

YOU AUTHORIZE THE PLATFORM YOU USE TO ACQUIRE THE CONTENTS, SUCH AS APPLE APP STORE, GOOGLE PLAY, AMAZON OR FACEBOOK, TO CHARGE YOUR DESIGNATED PAYMENT METHOD FOR THE PERIOD (E.G., MONTHLY OR ANNUALLY) SPECIFIED IN YOUR SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND

YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO OUR SERVICES OR PRODUCTS IN ACCORDANCE WITH THESE TERMS. YOU MAY CANCEL YOUR SUBSCRIPTION BY CALLING +1 (503) 878-7473‬ OR CONTACTING US AT THE FOLLOWING EMAIL HELLO@GETERA.APP. ADDITIONAL INFORMATION ON CANCELING YOUR SUBSCRIPTION MAYBE FOUND BELOW.

Please view the FAQ section for subscription for additional details. As part of your Subscription to the Services, you will receive 2 Credits every month. The Credits, as detailed below, can be used to access Accessible Content and or unlock additional features.

Trial Period. From time to time, Parent Lab offers some customers trial or other promotional subscriptions to Services. Such trial or promotional subscriptions are subject to these Terms except as otherwise stated in the promotional offer. Only one trial or promotional Subscription is available per valid account. Parent Lab will bill you the applicable fee after your free trial period has expired. If you cancel Services before the trial period has expired, Parent Lab will not charge you.

Canceling Subscriptions. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME EITHER THROUGH THE TOOLS MADE AVAILABLE BY THE APPLICABLE PLATFORM (SUCH AS APPLE APP STORE, GOOGLE PLAY, AMAZON OR FACEBOOK) OR CONTACTING PARENT LAB AS SET FORTH ABOVE. SUBSCRIPTIONS MUST BE CANCELED BEFORE THE BILLING OR RENEWAL DATE IN ORDER TO AVOID BEING CHARGED FOR THE NEXT SUBSCRIPTION PERIOD. IF YOU CANCEL YOUR SUBSCRIPTION AFTER THE APPLICABLE BILLING OR RENEWAL DATE, IT WILL NOT TAKE EFFECT UNTIL THE FOLLOWING SUBSCRIPTION PERIOD. YOU WILL BE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED WITH RESPECT TO ANY SUBSCRIPTION ORDER PROCESSED PRIOR TO THE EFFECTIVE DATE OF YOUR CANCELLATION. IF AN USER HAS NOT USED ANY OF THE CREDITS DURING HIS OR HER SUBSCRIPTION PERIOD, USER MAY BE ELIGIBLE FOR A REFUND OF SUBSCRIPTION FEES ON A CASE BY CASE BASIS. PLEASE SEE THE FAQS FOR ADDITIONAL DETAILS.

Credits. Users may also access the Accessible Content by using credits. Credits are in-app currencies that can be used to unlock modules or additional features (“Credit(s)”). There is no expiration date with regards to credits and any unused credits will remain in user’s account so long as user has not deleted his or her account. All Accessible Content purchased with Credits will remain accessible to the user even if the user does not have a current Subscription to the Services.

  1. Restrictions. All sales of Content are final, and Contents are non-returnable and non-refundable. Contents cannot be resold, transferred for value, redeemed for cash or applied to any other account. YOU ACKNOWLEDGE THAT PARENT LAB IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED CONTENTS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, WHETHER YOU MADE A PAYMENT THROUGH A PLATFORM, SUCH AS APPLE APP STORE, GOOGLE PLAY, AMAZON OR FACEBOOK, OR ANY OTHER SITES OR PLATFORMS WHERE WE OFFER OUR SERVICES.

Errors. In the event of an error, we reserve the right to correct such error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged.

  1. ACCEPTABLE USE AND COMMUNITY GUIDELINES

By accessing, using, or otherwise interacting with the App you agree that you are responsible for any conduct occurring under your user account and you will not:

Violate any applicable law, contract, intellectual property or other third-party right or commit a tort;

Engage in any abusive, disrespectful, harassing, threatening, intimidating, violent, predatory or stalking conduct;

Use or attempt to use another user’s account without authorization from that user and Parent Lab;

Use our App in any manner that could interfere with, disrupt, spam, negatively affect or inhibit other users from fully enjoying our App or that could damage, disable, overburden or impair the functioning of our App in any manner;

Attempt to circumvent any content-filtering techniques we employ or attempt to access or tamper with any feature or area of our App that you are not authorized to access, which includes any attempt to probe, scan, or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures;

Develop or use any applications that interact with our App without our prior written consent;

Sell, rent or purchase account interactions (such as selling, renting or purchasing followers, re-sharing a post, likes, etc.);

Use any data mining, scraping, robots or similar data gathering or extraction methods;

Bypass or ignore instructions contained in any robots.txt file we provide that controls automated access to portions of our App; or

Use our App for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

You represent and warrant that any User Content you submit:

Is non-confidential and you have all necessary rights to disclose the User Content; 

Is not unlawful, libelous, defamatory, obscene, pornographic, discriminatory, indecent, lewd, suggestive, harassing, bullying, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;

Does not include content that directly attacks, threatens, or incites harm against other people based on their race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, disabilities or diseases.

Does not constitute, encourage or provide instructions for a criminal offense, promote self-injury or suicide, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;

Does not infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

Does not contain or depict any statements, remarks or claims that do not reflect your honest views and experiences or are otherwise false or misleading;

Does not contain duplicative content over multiple accounts or duplicate updates on one account;

Does not impersonates, or misrepresent your affiliation with, any person or entity;

Does not contain any unsolicited promotions, political campaigning, advertising or solicitations;

Does not contain any private or personal information of a third party without such third party’s consent;

Does not contains any viruses, malware, corrupted data or other harmful, disruptive or destructive files or content; or

Is not, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our App, or that may expose Parent Lab or others to any harm or liability of any type.

Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason. We have absolute discretion to determine if any user violates these above rules, and to act as we deem appropriate in the event of any violation. Violations of system or network security may result in civil or criminal liability.

We will investigate occurrences which may involve such violations and may involve, cooperate with, and make disclosures to, law enforcement authorities in identifying and prosecuting users who are involved in such violations. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the App and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, to the fullest extent permitted by applicable law, we assume no liability for any action or inaction regarding transmissions, communications or User Content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

  1. HYPERLINKS

You may create a text hyperlink to our App for noncommercial purposes, provided such link does not portray Parent Lab or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited permission may be revoked at any time. You will not use the Parent Lab logo or other proprietary graphics of Parent Lab to link to our Services without our express written permission.

  1. WARRANTY

BECAUSE SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES, LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE BELOW LIMITATIONS MAY NOT APPLY TO YOU.

THE APP AND ALL CONTENT OBTAINED BY YOU THROUGH THE APP IS OBTAINED AT YOUR OWN DISCRETION AND RISK. AS SUCH YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION YOU TAKE OR FAIL TO TAKE BASED ON ANY INFORMATION OBTAINED VIA THE APP. WHEN USING THE APP, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT MAY BE BEYOND THE CONTROL AND JURISDICTION OF PARENT LAB AND ITS SUPPLIERS. ACCORDINGLY, PARENT LAB ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THE APP.

THE APP AND ALL CONTENT THEREIN ARE PROVIDED ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS OR IMPLIED.  WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, STATUTORY, AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT; (B) OF ADEQUACY, ACCURACY, TIMELINESS, AND COMPLETENESS OF THE SERVICES, INFORMATION, CONTENT, OR RESULTS; (C) ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (D) OF SECURITY, UNINTERRUPTED, OR ERROR-FREE ACCESS OR USE OF THE APP. 

  1. LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PARENT LAB, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE APP BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE ARE, FOR NEGLIGENCE, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, OR OTHER LOSS WHATSOEVER) RESULTING FROM THE USE OF OR INABILITY TO USE THE PARENT LAB APP OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PARENT LAB IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PARENT LAB AND ITS LICENSORS ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE APP OR CONTENT. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE APP OR ANY CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. REMEDIES UNDER THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.

OUR MAXIMUM AGGREGATE LIABILITY TO YOU, AND THE EXCLUSIVE REMEDY HEREUNDER FOR ANY AND ALL DAMAGES, INJURY, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING, OR IN ANY WAY RELATED TO THESE TERMS OF USE OR YOUR USE OF THE APP (INCLUDING ANY INFORMATION OR CONTENT CONTAINED THEREIN), SHALL BE TO RECOVER THE ACTUAL DAMAGES YOU INCUR BASED UPON REASONABLE RELIANCE ON THE SERVICES IS LIMITED TO THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO PARENT LAB VIA THE APP IN THE 6 MONTHS PRIOR TO THE CLAIM. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THESE TERMS OF USE OR THE APP WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES.

THE EXCLUSION OF DAMAGES UNDER THE FIRST PARAGRAPH OF THIS SECTION IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY IN THE SECOND PARAGRAPH AND IT SURVIVES IN THE EVENT SUCH EXCLUSIVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE.  TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW, BOTH OF THESE LIMITATIONS OF LIABILITY APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) FAULT OR TORT (INCLUDING NEGLIGENCE AND MISREPRESENTATION), (D) STRICT LIABILITY OR (E) ANY OTHER CAUSE OF ACTION UNDER LAW OR EQUITY.

The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Parent Lab Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

  1. INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Parent Lab, and its respective past, present, and future officers, directors, employees, agents, contractors, consultants, equity holders, parent companies, subsidiaries, affiliates, agents, representatives, licensors, vendors, service providers, suppliers, predecessors, successors and assigns (the “Parent Lab Parties”), from and against all actual or alleged claims, damages, awards, judgments, actions, demands, settlements liabilities of every kind and nature whatsoever, whether known or unknown, including without limitation, reasonable legal and accounting fees, . that are caused by, arise out of or are related to:  (a) your violation of these Terms of Use, (b) your use or misuse of the App, and/or (c) your violation of any right(s) of any third party. You agree to promptly notify Client of any claim(s) and shall cooperate fully with Client Parties in defending such claims. You further agree that Client Parties shall have control of the defense or settlement of any third-party claims.

You agree to promptly notify the indemnified Parent Lab Parties of any claim(s), shall fully cooperate with the indemnified Parent Lab Parties in defending such claims, and pay all fees, costs and expenses associated with defending the claim(s) (including, but not limited to, attorneys’ fees). You further agree the indemnified Parent Lab Parties will have right to retain sole control of the defense or settlement of any claim (at your expense). This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Parent Lab or the other Parent Lab Parties.

  1. RELEASE

To the fullest extent permitted by applicable law, you release Parent Lab Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

  1. TRANSFER AND PROCESSING DATA

By accessing or using our App, you consent to the processing, transfer, and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under the local law.

  1. DISPUTE RESOLUTION; BINDING ARBITRATION

This Section 15 includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully.

  • GENERAL WAIVER. 

These Terms of Use are governed by and all controversies, disputes, demands, counts, claims, or causes of action (“Disputes”) arising under, arising out of, or in connection with these Terms of Use will be resolved exclusively in accordance with the laws of the State of California, excluding its conflict of laws provisions. YOU HEREBY WAIVE ANY RIGHT YOU MIGHT HAVE TO RESOLVE ANY DISPUTE ON ANY BASIS (INCLUDING, BUT NOT LIMITED TO A CLASS ACTION BASIS) INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED.

  • ARBITRATION. 

The following applies to all Disputes between you and Parent Lab arising out of, under, or related to these Terms of Use or Parent Lab’s privacy practices (including any action Parent Lab may take or authorize with respect to information about or provided by you):

  1. All Disputes will be settled exclusively through binding arbitration. Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”) and will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively “Rules and Procedures”). You are GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms of Use EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
  1. You and Parent Lab must abide by the following rules: (i) for any claim that could otherwise be brought in small claims court, the arbitration will be conducted solely based on written submissions and, if the arbitrator deems it appropriate, a telephonic hearing; (ii) if the claim exceeds what can be recovered in a small claims court, the arbitration shall be conducted solely based on written submissions or a telephonic hearing, unless the arbitrator deems a face-to-face hearing is appropriate, in which case one will be held in [San Francisco County, California]; (iii) the arbitrator’s ruling is binding and not merely advisory; (iv) ANY CLAIMS BROUGHT BY YOU OR PARENT LAB MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (v) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING; (vi) if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Parent Lab shall pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (vii) a decision by the arbitrator (including any finding of fact or conclusion of law) against either you or Parent Lab will be confidential unless otherwise required to be disclosed by law or by any administrative body and may not be collaterally used against either of you or Parent Lab in existing or subsequent litigation or arbitration involving any other person (including a user); and (viii) each side pays his, her or its own attorneys’ fees and expenses.
  2. Claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret are not subject to this arbitration provision. Such claims shall be exclusively brought in the state courts located in City, State or the federal courts located in [San Francisco County, California] and each party hereby consents to the jurisdiction of those courts.
  3. As an exception to this arbitration provision, either party may seek emergency equitable relief before such courts in order to maintain the status quo pending the arbitrator’s ruling, and hereby agree to submit to the personal jurisdiction of such courts. A request for interim measures will not be deemed a waiver of the right to arbitrate.
  4. With the exception of subparts (iv) and (v) in subsection (b) of this arbitration provision (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subparts (iv) or (v) in subsection (c) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor Parent Lab shall be entitled to arbitration. If this arbitration provision is held unenforceable by a court, or AAA refuses to arbitrate the Dispute, all controversies, disputes, demands, counts, claims, or causes of action between you and Parent Lab shall be exclusively brought in the state or federal courts specified in subsection (d) above.
  5. For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
  • ENFORCEMENT. 

Either party may enforce any provision of these Terms of Use by seeking to obtain equitable relief in addition to all other remedies at law or under these Terms of Use. 

  • HOW TO START ARBITRATING. 

If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to: [INSERT ADDRESS].

  • OPT-OUT OF ARBITRATION. 

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 15 by emailing hello@getera.app. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 13.

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Parent Lab and limits the manner in which you can seek relief from us. This Section 15 only applies to you if you are a resident of the United States or if you commence any action against Parent Lab in the United States.

Except for small claims disputes in which you or Parent Lab seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Parent Lab seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Parent Lab waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in San Francisco County, California in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

You and Parent Lab agree that any dispute arising out of or related to these Terms or our Services is personal to you and Parent Lab and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

You and Parent Lab agree that these Terms affect interstate commerce and that the enforceability of this Section 13 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Parent Lab agree that for any arbitration you initiate, the party filing the claim will pay the filing fee and the parties will split the remaining JAMS fees and costs. You and Parent Lab agree that the state or federal courts of the State of California and the United States sitting in Los Angeles, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND PARENT LAB WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 13 by emailing hello@getera.app. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 13.

  1. GOVERNING LAW AND VENUE

These Terms and your access to and use of our App will be governed by and construed and enforced in accordance with the laws of California, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in Los Angeles, California.

  1. TERMINATION OR SUSPENSION

We reserve the right, without notice and in our sole discretion, to terminate or suspend your right to access or use our App or to discontinue all or a part of the App. We are not responsible for any loss or harm related to your inability to access or use our Services.

  1. GENERAL
  1. Severability. If any provision or part of a provision of these Terms is deemed invalid, unlawful, void or unenforceable, by a court of competent jurisdiction, that provision or part of the provision is deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms, which shall remain in full force and effect. 
  2. Entire Agreement. These Terms, together with any amendments and additional agreements you may enter into with us in connection with the App shall constitute the entire agreement between you and Parent Lab relating to your access to and use of our App. 
  3. No Waiver. The failure of Parent Lab to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. 
  4. Third-Party Beneficiaries. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. All of your transactions and communications with us may, at our option, be conducted electronically.
  5. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but we may assign them without restriction. Any attempted transfer or assignment in violation hereof will be null and void.
  1. CHANGES TO TERMS

We may make changes to these Terms from time to time. If we make material changes, we will provide notice of such changes, such as by sending an email notification, providing notice through our App, or posting the amended Terms and updating the “Last Updated” date above. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our App.

  1. CONTACT

If you have any questions or concerns regarding the App or these Terms, please contact Parent Lab at 2715 SE 8th Ave Suite 116, Portland, OR 97202-2655 or emailing us at hello@getera.app.

  1. ADDITIONAL TERMS FOR APPLE AND GOOGLE USERS

A. Apple. By downloading the App from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that the Terms of Use are entered into by and between Parent Lab and you and not with Apple.  Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third-party beneficiaries of these Terms of Use and that Apple has the right (and is deemed to have accepted the right) to enforce these Terms of Use.  You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.  You acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS).  These Terms of Use incorporates by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/).  For purposes of these Terms of Use, the App is considered the “Licensed Application” as defined in the LAEULA and Parent Lab is considered the “Application Provider” as defined in the LAEULA.  If any of these Terms of Use conflict with the terms of the LAEULA, the terms of these Terms of Use shall control.B. Google. By downloading the App from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that to the extent of any conflict between (a) the Google Play Terms of Service and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the App that you download from Google Play. You hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by Parent Lab or you (or any other user) under these Terms of Use or the Google Play Terms.

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