Terms of Service

Trove Technologies Inc. · Last updated: 2026-07-23

Welcome to Trove!

These Terms of Service (these "Terms") govern your access and use of any website, software, app, service, technology, API, widget, platform, channel or any other products, services, or features owned, operated, branded or offered by Trove Technologies, Inc. (collectively, the "Services").

IMPORTANT -- PLEASE READ THESE TERMS CAREFULLY. These Terms are a legally binding contract between you and Trove Technologies, Inc., a Delaware corporation (hereinafter, "we," "us," and "our"), which govern your access and use of the Services. You may not use the Services to do or share anything that is contrary to these Terms. Please note that we may update these Terms as described in Section 12.

For clarity, these Terms include, and incorporate by reference, the following policies:

Please feel free to contact us at support@trove.life if you have any questions about these Terms.

By accessing or using our Services in any manner, you: (1) acknowledge and agree that you have read and understand these Terms, and (2) agree to be bound by and comply with these Terms and our policies.

If you do not agree with these Terms, or you are not otherwise eligible to use the Services, you must not access or use any of our Services.

1. Overview of Our Services

(a) Overview of our Services

The Services include our online platform accessible through our website located at https://trove.life/, or any other website we designate (the "Trove Website") and through our mobile application available for download in certain app stores (the "Trove App"), that provides users a personal organizational space (a "Trove") to save, store, organize, and share links, ideas, products, and recommendations.

Any links, ideas, products, videos, images, audio, text, data, information, message, content, and/or materials, including, but not limited to, any personal information or data, that you submit, transmit, upload, post, or otherwise provide to us, in connection with your use of the Services (collectively, "User Content"), must comply with these Terms and our policies. We will use, share, and process your User Content as provided in these Terms and our Privacy Policy, or as may be required by law.

(b) Eligibility – Who Can Use the Services

To use the Services, you (i) must be at least 18 years old or the applicable age of majority in your jurisdiction to use the Services, and (ii) must not be a citizen or resident of a geographic area in which access to or use of the Services (or any part thereof) is prohibited or otherwise barred by applicable law, rule, decree, regulation, treaty, or administrative act.

If we have previously terminated, suspended, or disabled your account for violating these Terms, or any of our policies, or for legal reasons, you are not permitted to use the Services and you must not create a new account without our express written permission, which is provided at our sole discretion.

(c) Use of Artificial Intelligence

We utilize and/or integrate certain artificial intelligence, large language models, and other machine learning functionality (collectively, "AI") in our Services, and we may train and improve our AI models and algorithms in connection with your use of the Services, including, training on User Content. For example, we may use AI or similar technologies to automatically tag and categorize (or suggest tags and/or categories for) the User Content you save to your Trove, provide you with recommendations, or show you content based on the User Content you save, share or use in connection with the Services.

For the avoidance of doubt, we do not (i) permit any third party providers of the AI we use to train on your User Content, or (ii) collect, use or sell User Content or personal data for purposes of training any large language models (LLMS) or generative AI systems.

By using the Services, you consent and agree to our use of AI in connection with the provision of our Services, including, use of User Content to train and improve our own AI models and algorithms and Services.

PLEASE NOTE THAT ANY RECOMMENDATIONS, TAGS, OR CATEGORIES FOR USER CONTENT, GENERATED BY AI ARE NOT VERIFIED, ENDORSED OR GUARANTEED TO BE ACCURATE, COMPLETE OR CURRENT BY US, AND YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THAT ANY TAGS AND/OR CATEGORIES ARE ACCURATE AND APPROPRIATE FOR YOUR USER CONTENT AND USE CASES.

(d) Privacy

If you provide us any personal information in connection with your access and/or use of the Services, we will process such personal information as described in these Terms and our Privacy Policy. By using the Services, you acknowledge and agree that we can process your information in accordance with these Terms and as set forth in the Privacy Policy.

(e) Fees; Changes

We do not currently charge any fees for the access and/or use of the Services; provided that, we reserve the right however, upon prior notice to you, to charge a fee for the Services (including, without limitation, charging subscription fees or fees to download the Trove App).

We reserve the right to either temporarily or permanently modify, suspend or discontinue the Services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services (or any part thereof).

(f) Availability of our Services

While information regarding us and our Services may be available worldwide, we and our Services are based in and operated from the United States. You acknowledge that you may not be able to access all or some of the Services outside of the United States and that access thereto or use thereof may not be legal by certain persons or in certain countries. If you access or use the Services from outside the United States, you are responsible for compliance with local laws and ensuring your use of the Services is legal in your country of residence. We may restrict access to the Services, or portions thereof, in certain countries in its sole discretion. The Services may not be available or accessible in all languages.

2. Your Access and Use of the Services

(a) Our License to You

Subject to your compliance with these Terms, we hereby grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to access and use the Services provided through the Trove Website and/or through the Trove App, solely for your personal, non-commercial use, and otherwise in accordance with these Terms.

(b) User Accounts

To access and use certain features of the Services you may need to create and register a user account ("Account"). In registering an Account, you agree to provide and maintain information that is true, accurate, current, up to date, and complete. You agree that you will not (i) create an Account using a false identity or information, or (ii) create an Account or use the Services if you have been previously removed, suspended or banned by us from use of the Services, or any part thereof. We reserve the right to limit the number of Accounts that can be created from any one computer or mobile device and the number of computer or mobile devices that can access an individual Account.

You understand and agree that you are solely responsible for maintaining the confidentiality and security of your passwords and/or login credentials, and protecting access to your Account. You are solely responsible for any activity originating from your Account, regardless of whether such activity is authorized by you. You agree to notify us immediately of any unauthorized use of your Account.

(c) Prohibited Uses

By using the Services (or any part thereof), you agree that you will not, and will not permit any other person to:

  • Modify, adapt, translate or create derivative works based on the Services (or any part thereof), or any related documentation;
  • Reverse engineer, decompile, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or the underlying ideas, algorithms, structure or organization) of the Services (or any part thereof), except as expressly permitted by applicable law;
  • Distribute, license, sublicense, assign, transfer or otherwise make available to any third party the Services, or any related documentation;
  • Remove, alter, or obscure in any way, any proprietary rights notices (including copyright notices) of ours or our suppliers on or within the Services, or related documentation;
  • Use the Services to store or transmit malicious code or infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights;
  • Interfere with or disrupt the integrity or performance of the Services (or any part thereof) or any system, network or data;
  • Attempt to gain unauthorized access to the Services (or any part thereof), or its related systems or networks, including, without limitation, bypassing any "captcha" requirements or similar precautions;
  • Frame or utilize framing techniques to enclose the Services or any portion thereof;
  • Use any meta tags, "hidden text", queries, robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the Services, or any content, or the personal information of others without our prior written permission or authorization;
  • Create an Account using a false identity or information, or impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
  • Operate to defraud us, other users, our partners, or any other person, or provide false, inaccurate or misleading information;
  • Access and/or use the Services (or any part thereof) for the purpose of developing competitive products or services;
  • Use the Services (or any part thereof) other than in accordance with these Terms; and/or
  • Use the Services in violation of any applicable local, state, national or international law, including, without limitation, any and all applicable export and trade control laws.

(d) Electronic Communications

By using the Services, you consent to receiving electronic communications from us, including, but not limited to, communications sent via email or notifications posted on the Trove Website, through the user-interface of the Trove App, and/or push notifications via the Trove App. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to your use of the Services. These electronic communications are part of your relationship with us and you receive them as part of your purchase. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

3. User Content & Submissions

(a) Your User Content

If you provide, submit, transmit, upload, or otherwise provide any User Content through or in connection with your use of the Services, you hereby grant us a worldwide, non-exclusive, royalty-free, fully paid, transferable and sublicensable right and license to use, download, save, copy, reproduce, host, store, transfer, publicly display, publicly perform or display, translate, create derivative works, transmit, modify, and distribute your User Content, in whole or in part, as reasonably necessary to provide the Services to you and other Users and as otherwise stated in these Terms. If you have any intellectual property rights in your User Content (for example, copyright or trademark rights), you will retain those rights.

(b) Sharing your Content

By default, the User Content you save to your personal Trove will be set as private, unless you change your visibility settings. For more information regarding visibility settings please see our FAQs. If you have set up a shared board in your Trove with another user or users, your public profile information (e.g., your picture, name and/or username) and the User Content you save to the shared board will be accessible and visible to the other users you have invited, regardless of the visibility settings. In addition, if you post User Content to a shared board managed by another user, your User Content and public profile information will be visible to other members of the board, and may be visible to other users of the Services based on the visibility settings set by the user managing the board. Please note that User Content posted to public forums, message boards, or other collaboration tools through the Services will be visible and shared with other users that are part of or have access to such public forums, message boards, and/or collaboration tools.

Please be aware that other users with whom you choose to share your information may use your personal information differently than we do, and we do not control their use of your information. We will not be able to contain or retrieve personal information once it has been shared or disclosed with other users, and we will have no responsibility or liability for any consequences that may result because you have released or shared personal information with others. We encourage you to review your visibility settings, and those of any shared boards managed by other users before posting or sharing your User Content. You should take the proper precautions to ensure you do not inadvertently disclose sensitive or private information to other users.

(c) Your Responsibilities

By providing User Content, you represent and warrant that: (i) you own or control all rights in and to User Content, and have the necessary rights to grant the licenses and rights granted to us under these Terms; (ii) you have obtained all permissions and/or approvals as may be necessary or required to transmit User Content, or any personally identifiable information therein, in connection with the use of the Services; and (iii) all User Content does and will at all times comply with these Terms, including, but not limited to, our Content and Community Guidelines.

(d) Monitoring & Reporting

We do not endorse any User Content or any opinion, recommendation, or advice expressed therein and we take no responsibility for User Content. We have the right to refuse, remove, edit or delete any User Content for any or no reason in our sole and absolute discretion, and we will not be liable to you or to any third party for any such refusal, rejection, removal, modification or deletion. We reserve the right, but we have no obligation, to monitor User Content or other content sent to or through the Services.

If you see any content that you think violates these Terms, our Content and Community Guidelines, or our other policies, you can report that content to us via email at support@trove.life. We will review your report and take any appropriate action (to be determined in our sole discretion) in a timely fashion. You agree to submit reports in good faith and not misuse any reporting or appeals channel, such as by making baseless reports or appeals.

(e) Deletion

You can delete your individual User Content that you share, post, and upload at any time. In addition, your Account information and the User Content saved to your personal Trove will be deleted when you delete your Account.

However, Account deletion does not automatically delete User Content that has been shared with others through the Services (for example, User Content that you post to a shared board, share or send to a connection, or in any public forums or spaces within the Services). Such User Content may remain accessible to those users or on the Services after your Account is deleted, consistent with how it was shared, unless you remove it prior to deletion of your Account.

Additionally, we may keep your User Content for a reasonable period of time for backup, archival, audit purposes, or where we are required or permitted to retain certain data to comply with legal obligations, resolve disputes, prevent fraud, or enforce our agreements or legal rights.

(f) Feedback

You acknowledge that any ideas, inventions, suggestions for improvement or discussions submitted by you regarding any aspect of the Services, including, without limitation, the functioning, features, and other characteristics of the Trove Website, Trove App or other Services ("Feedback") may be used and exploited by us for any purpose and in any manner, including, but not limited to improving our Services or developing new products or services, without compensation or attribution to you.

By submitting any Feedback, you agree that your submissions are non-confidential, voluntary, gratuitous, unsolicited, and without restriction, and will not place us under any fiduciary or other obligation. You also agree that we do not waive any rights to use similar or related ideas previously known to us, developed by our employees or contractors, or obtained from other sources other than you.

4. Additional Terms and Conditions for the Trove App

(a) Authorized Downloads

If you use the Trove App, you are permitted to download the Trove App (in object code only) solely on devices owned or controlled by you.

(b) Compatible Devices

You acknowledge and agree that in order to use the Trove App you must have a compatible mobile and/or tablet device. You are solely responsible for determining whether or not your mobile and/or tablet device is or is not compatible with the Trove App. We make no representations or warranties whatsoever regarding the Trove App's compatibility with any computer, mobile and/or tablet device. You further acknowledge and agree that you are solely responsible for any fees or charges incurred from your use of the Trove App through your mobile and/or tablet devices, including, without limitation, any mobile phone provider charges for SMS, text, or data usage or services. You may not use the Trove App or our Services in any manner that violates any contract, rules or policies that govern the use of your mobile and/or tablet devices, as directed by the applicable wireless carrier and/or manufacturer of your mobile and/or tablet device.

(c) Software Updates

From time to time, in our sole discretion, we may provide updates to the Trove App, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

Based on your mobile and/or tablet device settings, you acknowledge and agree that when connected to the internet: (i) the Trove App will automatically download and install all available Updates; and/or (ii) you may receive notice of or be prompted to download and install available Updates.

You agree to, and shall, promptly download and install all Updates and acknowledge and agree that the Trove App may not properly operate should you fail to do so.

(d) Open Source Software

The Trove App may contain third party software, including, without limitation, open source software components (collectively, "Open Source Components"). Open Source Components are not licensed under these Terms, but are instead licensed under the terms of the applicable license agreement for such Open Source Components. Your use of Open Source Components is subject to the terms of each applicable license which are available to you on request from us.

(e) App Store Distributor Rights

You acknowledge and agree that certain distributors such as Apple, Inc. ("Apple") and Google, Inc. ("Google") of the Trove App ("App Distributors") through the app stores provided by such App Distributors ("App Stores") are intended beneficiaries of these Terms and have the right to enforce these Terms directly against you with respect to your use of the Trove App downloaded by you through the App Store. You acknowledge that these Terms are between you and us only, and not with any App Distributor. Your use of the Trove App must comply with the then-current terms and conditions of the App Store through which you download the Trove App. You acknowledge and agree that we, and not the App Distributor: (i) are solely responsible for the Trove App and related content available thereon, (ii) are responsible for addressing any claims by you relating to the Trove App or your possession and/or use of the Trove App, including, but not limited to: (1) product liability claims; (2) any claim that the Trove App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the Trove App; and (iii) shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to the Trove App or your possession and use of the Trove App. You acknowledge that the App Distributor has no obligation to provide maintenance and support services with respect to the Trove App. To the maximum extent permitted by applicable law, the App Distributor will have no warranty obligation whatsoever with respect to the Trove App. You represent and warrant that you: (x) 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 (y) are not listed on any U.S. Government list of prohibited or restricted parties. You agree to comply with all applicable third-party terms of agreement when using the Trove App (e.g., you must not be in violation of its wireless data service terms of agreement when using the Trove App). You agree that the App Distributor and its subsidiaries are third-party beneficiaries to these Terms as it relates to the license granted herein to you to use the Trove App. Upon your acceptance of these Terms, the App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to the license granted herein to you to use the Trove App as a third-party beneficiary thereof.

5. Proprietary Rights

(a) Our Proprietary Rights

We and our licensors retain all right, title and interest in and to the Services, including, but not limited to the Trove Website and Trove App, and any and all content, messages, data, text, graphics, images, photos, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services, and any and all modifications, enhancements and updates to any of the foregoing. All of our trademarks, including, but not limited to "Trove," "Trove Life," and "Trove Technologies," are strictly owned by us, and nothing in these Terms will be construed to transfer ownership rights or grant any permission, license or other rights to any of our trademarks without written authorization from us. The trademarks, service marks, logos, and/or names of third party individuals, companies and/or products mentioned through the Services may be the trademarks of their respective owners. We reserve all rights and licenses not expressly granted to you in these Terms and no implied license is granted by us. The Services (and its underlying technology) are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries.

(b) IP Policy

If you believe that any content made on or through the Services violates your copyright and/or trademark rights, please see our IP Policy for instructions on sending us a notice of copyright and/or trademark infringement. It is our policy to terminate access to the Services for repeat infringers.

6. Third Party Websites and Links

The Services may contain, display or include links to third party websites, advertisers, services, software components, special offers or other events or activities that are not owned or controlled by us (collectively, "Third Party Content and Services"). We don't endorse or assume any responsibility for any such Third Party Content and Services. If you access any Third Party Content and Services from the Services, you do so at your own risk and you agree that we have no liability arising from your use of, purchase from or access to any Third Party Content and Services.

7. Term; Termination

(a) Account Termination

You may terminate your Account at any time by emailing us with your request to terminate at: support@trove.life; subject line: "Notice of Termination," or, if you have downloaded the Trove App, through the account deletion option within the account Settings section. These Terms, and your right to access and use the Services shall immediately terminate, upon your termination of your Account.

(b) Termination

You may terminate at any time by terminating your Account as described above, permanently uninstalling and deleting the Trove App from your mobile and/or tablet devices, and ceasing all use of the Services. If we believe that you have used the Services (or any part thereof) in violation of these Terms or our policies, guidelines, terms or rules for the Services, we may, at any time suspend or terminate your Account and right to access or use the Services (or any part thereof).

(c) Effect of Termination

Upon termination of these Terms, for any reason, your Account and your right to use the Services will automatically terminate, and you agree to cease all use of the Services and permanently uninstall and delete the Trove App from your mobile and/or tablet devices. The rights and obligations applicable to you and/or us under the following Sections shall survive any termination of these Terms: 1, 2(c), 3, 4, 5, 7(c), 8, 9, 10 and 13.

8. Indemnification

You agree to indemnify, defend and hold harmless us, and our affiliates, employees, contractors, service providers, and/or agents, from and against any and all claims, actions, demands, liabilities, losses, damages, expenses, and costs (including reasonable attorney fees) arising from (i) your breach of these Terms; (ii) your use or misuse of the Services (or any part thereof), (iii) your User Content, and/or (iv) your violation of any law or the intellectual property and/or privacy rights of a third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, in which case, you agree to cooperate with us in the defense of the claim. Some jurisdictions limit consumer indemnities, so some portions or all of this indemnity provision may not apply to you.

9. Disclaimers of Warranties & Limitations on Our Liability

(a) Disclaimer of Warranties

THE SERVICES AND ANY OTHER MATERIALS OR SERVICES PROVIDED BY US ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, SATISFACTORY PURPOSE, ACCURACY, OR NONINFRINGEMENT. WE DO NOT CONTROL OR DIRECT WHAT PEOPLE AND OTHERS DO OR SAY, AND WE ARE NOT RESPONSIBLE FOR THEIR ACTIONS OR CONDUCT (WHETHER ONLINE OR OFFLINE) OR ANY CONTENT THEY SHARE (INCLUDING OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL, AND OTHER OBJECTIONABLE CONTENT).

(b) Limitations on Our Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE HAVE ANY LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES

(c) Application of disclaimers and limitations to Consumers

The limitations or exclusions of warranties and liability contained in these Terms do not affect or prejudice the statutory rights of a consumer. The limitations or exclusions of warranties and remedies contained in these Terms shall apply to you as a consumer only to the extent such limitations or exclusions and remedies are permitted under the laws of the jurisdiction where you are located.

10. Governing Law and Dispute Resolution

(a) Governing Law

These Terms shall be governed in all respects by and construed in accordance with the laws of the State of Delaware, without regard to its conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods in its entirety is expressly excluded from these Terms. Furthermore, neither these Terms (including, without limitation, the Trove App) will be governed or interpreted in any way by referring to any law based on the Uniform Computer Information Transactions Act (UCITA) or any other act derived from or related to UCITA.

(b) Disputes

You agree that any dispute between you and us arising out of or relating to these Terms, the Services (or any part thereof), and/or any content, materials, and/or services provided by us hereunder (collectively, "Disputes") shall be governed by the provisions set forth in this Section 10.

(c) Notice of Disputes

A party who intends to seek arbitration or bring other action permitted under this Section 10 with respect to any Dispute, must first send a written notice of the Dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail ("Dispute Notice"). Our address for Dispute Notices is: Trove Technologies, Inc., Attention: Notice of Dispute, 2810 N Church St STE 88536 Wilmington, DE 19802. The Dispute Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought.

(d) Informal Resolution

You and we agree to use good faith efforts to resolve the Dispute directly, but if no agreement or resolution is reached within 30 days after the Dispute Notice is received, you or we may commence an arbitration proceeding or other permitted action, as set forth in this Section 10.

(e) Agreement to Arbitrate

In the interest of resolving Disputes in the most expedient and cost-effective manner, and except as described in Section 10(i), you and we agree that every dispute arising in connection with these Terms will be resolved by binding individual (not class) arbitration (the "Agreement to Arbitrate"). Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This Agreement to Arbitrate includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. THIS AGREEMENT TO ARBITRATE MEANS YOU AND WE WAIVED THE RIGHT TO A JURY TRIAL. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE AGREEMENT TO ARBITRATE AND THE ARBITRATION PROVISIONS SET FORTH IN THIS SECTION 10 ARE GOVERNED BY THE FEDERAL ARBITRATION ACT.

(f) Arbitration

Any arbitration between you and us will be settled under the Federal Arbitration Act and administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in effect at time the claim is submitted (the "Rules") as modified by this Section. You and we agree that the following rules will apply to the proceedings: (i) the arbitration will be heard and determined by a single, neutral arbitrator selected in accordance with the Rules; (ii) the arbitration will take place in the county where you live or at another mutually agreed location; (iii) the arbitration will be conducted by telephone, online, or based solely on written submissions (at the choice of the party seeking relief); (iv) the arbitration must not involve any personal appearance by the parties or witnesses (unless we and you agree otherwise), and provided that, Disputes that involve a claim of more than $10,000 USD must be resolved per the Rules about whether the arbitration hearing has to be in-person; and (v) any judgment on the arbitrator's rendered award may be entered in any court with competent jurisdiction. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. The arbitrator shall have the authority to grant all relief that a court of competent jurisdiction could order, including awards of attorney's fees and costs. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. A party electing arbitration must initiate proceedings by filing an arbitration demand with the AAA. The Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879.

(g) Fees

You are responsible for paying your portion of the fees set forth in the AAA fee schedule and we will be responsible for the remainder of the fees. If you believe you cannot afford the AAA fees, you may apply to AAA for a fee waiver. If the arbitrator finds that either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the Rules. In that case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the Rules.

(h) Opting-Out of Arbitration

If you do not wish to resolve disputes by binding arbitration, you may opt out of the Agreement to Arbitrate within 30 days after the date that you first agree to these Terms by sending a letter to Trove Technologies, Inc., Attention: Arbitration Opt-Out, 2810 N Church St STE 88536 Wilmington, DE 19802, that specifies: your full legal name, the email address used to register an Account (if applicable), and a statement that you wish to opt out of arbitration ("Opt-Out Notice"). Once we receive your Opt-Out Notice, the Agreement to Arbitrate will be void and the parties agree that the exclusive jurisdiction and venue described in Section 10(j) will govern any action arising out of or related to these Terms. The remaining provisions of this Section 10 will not be affected by your Opt-Out Notice.

(i) Exceptions

Notwithstanding anything in these Terms to the contrary to the extent you have in any manner violated or threatened to violate any of our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court with competent jurisdiction in any country, including in the State of Delaware, United States of America, without first engaging in arbitration or the informal dispute process set forth in this Section, and you hereby consent to the personal jurisdiction and exclusive venue in such courts. In addition, despite the Agreement to Arbitrate, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; or (iii) seek injunctive relief in a court of law in aid of arbitration.

(j) Enforceability; Venue

If the Agreement to Arbitrate is found not to apply to your or our claim, you and we agree that any judicial proceeding will be brought in the federal or state courts located in Wilmington, Delaware. Both you and we consent to venue and personal jurisdiction there.

(k) Prevailing Party

Subject to Section 9, in the event that either party institutes any arbitration, legal suit, action or proceeding against the other party arising out of or relating to these Terms and/or the Services (or any part thereof), the prevailing party in the suit, action or proceeding shall be entitled to receive in addition to all other damages to which it may be entitled, the costs incurred by such party in conducting the suit, action or proceeding, including reasonable attorneys' fees and expenses and court costs.

(l) No Class Actions

YOU MAY ONLY RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS AREN'T ALLOWED UNDER THESE TERMS.

11. Notices to Us

Except as otherwise expressly required in these Terms, any notices permitted under these Terms must be sent to us by (1) email: support@trove.life, Subject Line: Legal Notice; or (2) certified U.S. Mail or by Federal Express (signature required) to 2810 N Church St STE 88536 Wilmington, DE 19802.

12. Modifications to These Terms

We may make changes to these Terms from time to time. If we make changes, we will post the revised Terms and update the Effective Date above. If the changes, in our sole discretion, are material, unless otherwise required by law, we will provide you notice of such changes by sending an email to the address associated with your Account (if you have chosen to provide a verified email address) or by otherwise providing you with notice through our Services prior to the date such changes go into effect. By continuing to access or use the Services on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using our Services before the changes become effective.

13. General

(a) Third Party Rights

Except as set forth in Section 4(e) with respect to App Distributors, these Terms are not intended to grant rights to anyone except you and us, and in no event shall these Terms create any third party beneficiary rights.

(b) No Transfer

Neither the rights nor the obligations arising under these Terms are assignable or transferable by you, and any such attempted assignment or transfer shall be void and without effect. We may freely assign these Terms and our rights and obligations hereunder, in whole or in part.

(c) Waiver

Any waiver of any provision of these Terms must be in writing and executed by both parties. The failure of either party to exercise any right provided for by these Terms shall not be deemed a waiver of that right.

(d) Severability

If any term or provision of these Terms is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, that provision shall be stricken from these Terms and shall not affect the legality, enforceability or validity of the remainder of the provisions set forth in these Terms.

(e) Entire Agreement

These Terms, and any other policies or terms and conditions referenced herein, constitute the entire agreement between the parties regarding the subject matter, and supersede all prior oral or written agreements or communications with regard to the subject matter described.

(f) Construction

The headings of Sections of these Terms are for convenience and are not to be used in interpreting these Terms. As used in these Terms, the word "including" means "including but not limited to." You agree that these Terms will not be construed against us by virtue of having drafted them.

(g) Notice to California Residents

If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Services.

Questions.

Please feel free to contact us at support@trove.life if you have any questions about these Terms.

Trove home · trove-support@trove.life