TERMS AND CONDITIONS 

Effective Date: September 23, 2026 

These Terms and Conditions (this “Agreement”) apply to your access to or use of  https://triplemoon.com (together with its or their pages, components, content, texts, graphics,  videos, images, communication features, and other materials and services, the “Website”) operated  by Vivi Ventures, Inc d/b/a Triplemoon, a Delaware corporation (together with its affiliates,  successors, and assigns, “Company”). 

You acknowledge and agree that (a) Company provides certain clinical healthcare services under  the behavioral health collaborative care model in collaboration with your healthcare provider(s) in  an environment outside of the Website (collectively, the “Healthcare Services”) and (b) this  Agreement does not apply to the Healthcare Services. If you are a subscriber to the Healthcare  Services, please refer to your “Consent to Behavioral Health Collaborative Care Model” and 

supplemental documentation to learn more about applicable terms for your use of or access to the  Healthcare Services. 

This Agreement is made and entered into by and between you and any person helping you access  or use the Website (collectively, “you” or “your”), on the one side, and Company on the other  side. You and Company are sometimes referred to in this Agreement, individually, as a “Party”  and, collectively, as the “Parties”. Please read this Agreement carefully before accessing or using  the Website because it is a legally binding contract between you and Company. This includes the  “Dispute Resolution” clause in this Agreement, which provides for binding arbitration and  waivers of jury trials, mass arbitration, and class actions. 

You are automatically accepting and agreeing to the most recent version of this Agreement  whenever you access or use the Website, and your continuing access or use of the Website  reaffirms your acceptance and agreement in each instance. If you do not accept and agree to this  Agreement in its entirety, then you must not access or use the Website. 

Company may supplement, amend, or otherwise modify this Agreement at any time. Those  modifications will be posted on this or another page of the Website, as Company deems  appropriate in its sole discretion, and they shall be deemed effective as of the then-current  “Effective Date” above. It is your responsibility to carefully review this Agreement each time you  access or use the Website. 

The Website is solely for personal, non-commercial use. You may not reproduce (except as  expressly provided under this Agreement), publish, transmit, distribute, display, modify, create  derivative works from, sell, or exploit any part of the Website in any way. 

1. Eligibility. The Website is offered only to users who (a) are residents of the United States, (b)  are eighteen (18) years of age or older, and (c) have accepted this Agreement. By accessing or  using the Website, you represent and warrant to Company that you meet these eligibility  requirements. You agree to comply with all applicable laws for accessing and using the  Website.  

2. No Medical or Healthcare Advice. While the Website provides information about  Company’s products and services, it does not provide medical or healthcare services. You  acknowledge and agree that (a) the Website by itself in no way constitutes medical or 

healthcare advice, treatment, or care, and (b) the Website by itself is not intended to replace  your healthcare provider for the prevention, detection, diagnosis, monitoring, prediction,  treatment, or alleviation of any condition or disease. Please see a qualified healthcare provider  for all of your medical-related issues, and you are strongly advised to communicate with your  primary care provider or another qualified healthcare provider about any information you may  obtain through the Website. You should never disregard or delay seeking medical advice solely  based on the Website or the information provided through it. 

If you are in a moment of crisis or emergency, call 911 for emergency support, 988 for  mental health support, and/or the National Maternal Mental Health Hotline at 833-852- 6262. You can also go to your nearest emergency room. 

Company is not responsible for monitoring any communication on the Website. In the event  Company becomes aware of an emergency or other crisis situation involving any user  (including, without limitation, circumstances that could involve self-harm or harm to another  individual), then Company may, but is not obligated to, notify the appropriate authorities of  that situation in compliance with applicable laws, rules, or regulations. 

3. Privacy. Company respects the privacy of others. Company’s policies about the collection and  use of your personal information in connection with the Website are explained in Company’s  Privacy Policy, which you should carefully review each time you access or use the Website. 

4. Your Devices. Certain portions of the Website may be configured for certain computers,  tablets, smart phones or other electronic devices (“Device(s)”), and Company may offer the  Website through them. This Agreement shall apply with equal force and measure to your  access and use of the Website through those Devices. You are responsible for obtaining and  updating the Device, software, operating system, carrier, and network access necessary to  properly access and use the Website. Company does not guarantee that the Website or any of  its portions will function on or in connection with any particular Device, software, operating  system, carrier, or network. If you access or use the Website through a particular Device, then  you hereby acknowledge and agree that information about your use of the Website through  that Device or its carrier or network (such as the identity of your Device or your Device’s  carrier or network) may be communicated to Company and/or certain third parties (such as  your Device’s carrier or network) in accordance with the Privacy Policy. All or any part of the  voice, message, and data fees, rates, charges, and taxes of your Device’s carrier or network or  another third party may apply to your access or use of the Website. Company is not responsible  for, and you further accept full responsibility for, all Device carrier and network fees, rates,  charges, and taxes which may apply, if any. 

5. Ownership. The Website, all elements and derivatives of the Website (including, without  limitation, all content, information, source codes, object codes, data, instructions,  documentation, and expressions), and the selection, assembly, and arrangement of the  foregoing, as well as all copyrights, trademarks, trade secrets, and other intellectual property  or other proprietary rights in and to the foregoing, are owned, licensed, or permissibly used by  Company. In no event shall you have or retain any rights, title, or interests in or to the foregoing  other than those limited rights expressly granted to you under this Agreement; this Agreement  strictly prohibits you from using any of the foregoing except as expressly granted under this  Agreement. No rights or permissions granted to you under this Agreement are coupled with an  interest. Nothing contained in this Agreement shall be construed as a waiver or limitation of 

Company’s or its licensors’ respective rights and remedies under applicable law. Company  reserves all rights except as expressly granted in this Agreement and will enforce Company’s  intellectual property or other proprietary rights to the fullest extent of the law. 

6. Rights, Permissions, and Consents. 

a. License of the Website. Subject to the terms and conditions of this Agreement, Company  grants you a limited, non-exclusive, personal, freely-revocable, non-transferable, and non sub-licensable license to access and view the various publicly displayed pages of the  Website. You must not access or use for any commercial purposes any part of the Website. 

b. License of User Materials. “User Materials” means all names, information, statements,  communications, and any other content or materials that you submit to or publish on,  through, or in relation to the Website, including those which you submit to or publish on  any online social media account (e.g., Facebook, Twitter, Instagram, LinkedIn) that you  own and link or otherwise associate with the Website. You hereby grant Company an  irrevocable, non-exclusive, royalty-free, fully-paid, transferable, sub-licensable, perpetual,  and universe-wide license for Company to host, store, reproduce, transmit, distribute, sell,  resell, license, sublicense, market, modify, adapt, create derivative works from,  communicate, publish, syndicate, publicly perform, publicly display, archive, and  otherwise use and exploit all or any part of the User Materials and any elements and  derivatives of them in any language, manner, medium, or form, whether now known or  hereinafter devised, as Company sees fit in its sole discretion. For the avoidance of doubt,  the foregoing is not intended to conflict with any provision of Company’s Privacy Policy. 

c. Reservation of Rights. Nothing in this Agreement restricts or limits Company’s rights, title,  or interests in or to the Website, the User Materials, or any elements or derivatives of the  foregoing. 

d. Warnings; Disclaimers. Please note that the User Materials might become the subject  of public disclosure. Thus, Company is not responsible for, and expressly disclaims  any liability arising from or in connection with, its use of any User Materials in  accordance with the terms and conditions of this Agreement. The foregoing is not  intended to conflict with any provision of Company’s Privacy Policy. Company expressly  disclaims any responsibility or liability for, and you acknowledge and agree that Company  does not, in any way, expressly or impliedly endorse, support, or guarantee the  completeness, truthfulness, accuracy, or reliability of the User Materials. 

7. Update, Suspension, or Termination of Service; Disclaimer. Company has the right, but not  the obligation, to update, suspend, or terminate the function or existence of all or any part of  the Website. Company shall not be liable to you or any third party for any loss or damage that  is caused by, arises from, or in connection with any such update, suspension, or termination  (including, without limitation and by way of example only, refunds, lost profits, lost  opportunities, monetary damages, disruption in or loss of service, or loss of content). 

8. Products and Services. Company or its licensees might offer, sell, license, or otherwise make  available various products or services (which may include Company’s own products and  services or the products and services of third parties) on, through, or in relation to the Website,  some of which might only be made available to you upon completion and submission of an 

online form or other instructions provided to you by Company or which may be available  exclusively online or in limited quantities on or through the Website. Prices for, and  descriptions of, any products or services offered on or through the Website are subject to  change without notice and in the sole discretion of Company. Company reserves the right to  discontinue any product or service at any time. You understand and agree that certain sales of  such products or services may be subject to additional terms and conditions. 

9. Electronic Communications. 

a. Express Consent. When you visit the Website or send e-mails to Company, you are  communicating with Company electronically. You hereby expressly consent (i) to  receiving communications from Company electronically, (ii) to Company, Company  Parties (defined in Section 16(d)), and anyone communicating on their behalf sending  or otherwise communicating with you for any purpose (including, without limitation,  for advertising, telemarketing, or other marketing or promotional purposes, or for  sending or notifying you about special offers, updates, newsletters or other  informational purposes) via any electronic means or forms as Company deems  appropriate in its sole discretion, whether through the Website, by personal  communication, by email, by automatic telephone dialing system, by telephone, by  artificial or prerecorded voice, by online social media, by text message (e.g., short  message service (SMS) and multimedia messaging service (MMS)) or by other  electronic media means or forms, in each case in accordance with applicable law, (iii)  that all agreements, notices, disclosures, and other communications that Company  provides to you electronically satisfy any legal requirement that such communications  be in writing; and (iv) that any notices provided by Company electronically are  deemed to be given and received on the date Company transmits any such electronic  communication as described in this Agreement. Voice, message, and data fees, rates,  charges, and taxes may apply to you, and you are responsible for payment of the same.  By giving this consent, you further acknowledge and agree that the above methods of  communication may not be encrypted, but you agree to accept any such unencrypted  communication as a more convenient form of communication. 

b. Email Opt-Out. You may opt out of receiving any electronic messages from Company as  described in Section 9(a) above at any time by selecting the “unsubscribe” link at the  bottom of the email. You acknowledge that opting out of receiving any such  communications may impact your receipt, the success, and/or the performance of all or any  part of the Website and/or your ability to receive certain messages or notifications from  Company. 

c. Text Messaging. When you opt in to any of Company’s text message programs, you  understand that such text message programs are separately governed by the Text  Messaging Program Terms & Conditions. You understand and consent that you will  receive text messages from an automated system. You further understand that your consent  is not required to make any purchase. If you wish to withdraw your consent and  unsubscribe, please text STOP to the appropriate short code or contact Company. For more  information, please review the Text Messaging Program Terms & Conditions. 

10. Text Messaging Program Terms & Conditions. 

a. Program Generally. These Text Messaging Program Terms & Conditions apply only if  you have opted in to a text messaging program of Company and may include both  short message service (SMS) and multimedia message service (MMS) functionality.  When you opt in to a Company text message program, you understand and agree that  the remainder of this Agreement is incorporated into, and become part of, these Text  Messaging Program Terms & Conditions, which collectively contain an arbitration  agreement, jury and class action waivers, limitations on Company’s liability and  other provisions that affect your legal rights regarding Company’s text messaging  program. 

b. About the Program. This is a standard rate text message program. By subscribing to  Company’s text messaging program, you consent to receiving marketing text messages at  the mobile number you provide using automated technology from or on behalf of Company  (and its agencies and services providers), via the short code or otherwise, provided within  the campaign and understand that consent is not a condition of purchasing any property,  goods, or services. Company’s Privacy Policy describes how Company collects, uses, and  discloses your information. 

c. Charges and Fees. Company does not charge for its text message program; however, your  mobile carrier’s message and data rates may apply. Message frequency varies. To  participate in Company’s text messaging program, you must have a text messaging enabled  mobile device with a current text messaging plan. Please contact your mobile carrier for  information about your text messaging plan. All related charges and fees are billed by and  payable to your mobile service provider. Your mobile carrier may impose message or  charge limitations on your account that are outside Company’s control. 

d. Using the Program.  

i. To opt into Company’s text messaging program, you can text the number and  keyword(s) provided to begin your subscription. From time to time, Company may  also provide other numbers and/or keyword(s) to opt in to additional campaigns. 

ii. If you need assistance, send HELP to Company’s number you opted in to at any time  to receive program contact information. 

iii. To stop receiving text messages from Company, text STOP to the Company’s  number you opted in to opt out of Company’s text messaging program. You can also  opt out by contacting Company at the phone number or email address below. Opting  out of one form of communication does not mean you’ve opted out of other forms as  well. For example, if you opt out of receiving text messages, you may still receive  marketing email messages if you’ve opted in to receiving them. 

iv. At any time during the campaign, you can text the following to Company: HELP or  STOP. From time to time, Company may also provide other keyword(s). 

e. Contact Us. If you have additional questions or comments, please call Company at  hello@triplemoon.com.  

11. Prohibited Activities. You shall not engage in any of the following activities at any time with  respect to the Website: (a) impersonating any person or entity, (b) any act that infringes or 

otherwise violates the intellectual property, privacy, publicity, or any other rights of any person  or entity (including, without limitation, the copyrights, trademarks, patents, and trade secrets  held by Company or its licensors), (c) downloading, using, or reproducing the Website or any  communications, information, or content found thereon or therein, in whole or in part, or the  creation of any derivative works of the foregoing (unless expressly authorized by Company),  (d) the publication of any content that is objectionable or illegal (including, without limitation,  content that is indecent, obscene, infringing, an invasion of privacy, defamatory, disparaging,  false, deceptive, misleading, untruthful, fraudulent, threatening, or abusive), including any  content that is direct at employee and contractors of Company or other members of the  Website, (e) publishing a person’s or entity’s personal information or private facts without  his/her/its prior written consent, (f) publishing any machine, computer, or randomly generated  content, (g) supplying or publishing any information or statement on, through, or in relation to  the Website that is false, misleading, deceptive, or incorrect, (h) any act intended or designed  to drive traffic to or boost the search rankings of third-party websites, networks, platforms,  servers, or applications, (i) the systematic retrieval or copying of any information or content  found on, through, or in relation to the Website or its servers to directly or indirectly create or  compile, in whole or in part, a collection, compilation, database, or directory, (j) the use of any  software, program, process, device, application, or routine (including, by way of example only,  robots, scrapers, spiders, viruses, spyware, and malware) to monitor, copy, disrupt, damage,  injure, interfere with or impermissibly access, in whole or in part, the Website or its servers,  (k) any act that involves or concerns decrypting, security bypassing or circumventing, hacking,  data mining, data scraping, data harvesting, reverse engineering, decompiling, disassembling,  attempting to derive source code, modifying, copying or the like on, through, or in relation to  the Website or its servers, (l) any act that overloads, disrupts, or interferes with the  infrastructure of the Website or its servers, (m) any act that gains or attempts to gain  unauthorized access to computer systems, networks, information, or materials on, through, or  in relation to the Website or its servers, (n) any use of the Website for the maintenance,  improvement, or development of any software program, including, without limitations,  training machine learning or artificial intelligence models and systems, or (o) any other act that  Company becomes aware of and believes in its sole discretion is improper, illegal, or harmful  to the Website or its servers, or any person, entity, or property (including, without limitation,  any disparaging, harassing, or derogatory written or oral remarks or statements directed at  employees and contractors of Company or other members of the Website). 

12. Links to Other Websites, Apps, Networks, Platforms and Servers. 

a. Linked Technologies. The Website or any communications sent on, through, or as a  function of the Website may contain links to third-party websites, networks, platforms,  servers, or applications, and, similarly, third-party websites, networks, platforms, servers,  applications, or communications may contain links to the Website (collectively, “Linked  Technologies”). The Linked Technologies are not under the control of Company or the  Website, and any such communications contain the outgoing links as a convenience to you,  if for any purpose. 

b. Disclaimer About Linked Technologies. Company is not responsible for any information,  content, goods, services, promotions, advertisements, programs, codes, or other items  which may be found on or excluded from the Linked Technologies. Company does not  make, nor has Company made, any representations or warranties (whether express,  implied, or otherwise) concerning the terms of use or service, privacy policies, agreements, 

information, content, goods, services, promotions, advertisements, programs, codes, or  other items which may be found on or excluded from the Linked Technologies. The fact  that the Website may link to or from any Linked Technologies does not constitute an  affiliation with, association with, or endorsement of those Linked Technologies or any  information, content, goods, services, promotions, advertisements, programs, codes, or  other items which may be found on or excluded from those Linked Technologies. If you  decide to access any Linked Technologies, then you do so at your own risk. 

13. Take Down. Company reserves the right, but not the obligation, to take down or otherwise  exclude from the Website, without notice or recourse, any communications, statements, names,  photographs, information, content, and/or any other User Materials made or submitted by you  or others on or through the Website that Company believes, at any time and in its sole  discretion, to be infringing or otherwise in violation of the proprietary rights, the right of  privacy, or the right of publicity of any person or entity; defamatory, disparaging, or  embarrassing of or towards any person or entity; profane, indecent or obscene; derogatory in  terms of race, nationality, religion, gender, gender identification, sexual orientation or  otherwise; threatening; abusive; false, misleading or deceptive; or otherwise illegal or  something that Company considers unsuitable for the Website or its users. 

14. Copyright Infringement. Company respects the copyrights of others and prohibits users from  uploading, posting, distributing, or otherwise transmitting any materials on or through the  Website, or from engaging in any activities on or through the Website, which violate the  copyrights of others. The Digital Millennium Copyright Act of 1998 provides recourse for  copyright owners who believe that material appearing on the Internet infringes their rights  under U.S. copyright law. The following procedures apply in the event that you or another  person or entity alleges that the reproduction, public performance, public display, digital  transmission, or other use of a work found on the Website infringes your copyright, the  copyright of said person or entity, or any other intellectual property right owned by you or said  person or entity.  

a. Takedown Notice. To report any materials accessible on, from, or through the Website (including through links provided on the Website) that violate the copyrights of others, you  must send Company a written communication that includes substantially the following: 

i. A physical or electronic signature of a person authorized to act on behalf of the owner  of an exclusive right that is allegedly infringed; 

ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple  copyrighted works on the Website are covered by a single notification, a  representative list of such works on the Website; 

iii. Identification of the material that is claimed to be infringing or to be the subject of  infringing activity or the reference or link to material or activity claimed to be  infringing and that is to be removed or access to which is to be disabled, and  information reasonably sufficient to permit Company to locate the material,  reference, or link; 

iv. Information reasonably sufficient to permit Company to contact the complaining  party, such as an address, telephone number, and, if available, an electronic mail  address at which the complaining party may be contacted;

v. A statement that the complaining party has a good faith belief that use of the material  in the manner complained of is not authorized by the copyright owner, its agent, or  the law; and 

vi. A statement that the information in the notification is accurate and, under penalty of  perjury, that the complaining party is authorized to act on behalf of the owner of an  exclusive right that is allegedly infringed. 

b. Counter-Notice. If you believe that any material you have uploaded, posted, distributed, or  otherwise transmitted on the Website has been removed by mistake or misidentification,  and if you have the right to upload, post, distribute or otherwise transmit the material at  issue, then you may send Company a written communication that includes substantially  the following: 

i. Your physical or electronic signature; 

ii. Identification of the material that has been removed or to which access has been  disabled and the location at which the material appeared before it was removed or  access to it was disabled; 

iii. A statement under penalty of perjury that you have a good faith belief that the  material was removed or disabled as a result of mistake or misidentification of the  material to be removed or disabled; and 

iv. Your name, address, and telephone number, and a statement that you consent to the  jurisdiction of the Federal District Court for the judicial district in which the address  is located, or if your address is outside of the United States, for any judicial district  in which Company may be found, and that you will accept service of process from  the person who provided notification under 17 U.S.C. § 512(c)(1)(C) or an agent of  such person. 

c. Copyright Administrator. The foregoing written communications (i.e., the above-described  takedown notice, and the above-described counter-notice) must be sent to the following  designated agent of Company: 

Vivi Ventures, Inc d/b/a Triplemoon, Attn: Copyright Agent, 5660 West Lovers Lane,  Suite 116 #103, Dallas, TX 75209; Email: hello@triplemoon.com;  

15. User Representations, Warranties, and Covenants. You represent, warrant, and covenant  to Company that: (a) you are a natural person, a resident of the United States, and of eighteen  (18) years of age or older, (b) you have read and understand this Agreement in its entirety, (c)  you have the full right and authority to enter into and abide by the terms and conditions of this  Agreement, (d) you understand and acknowledge that, by accepting this Agreement, you are  giving up certain legal rights and remedies, (e) you voluntarily accept and agree to, and will  fully comply with, the terms and conditions of this Agreement, (f) you will not violate any  applicable international, federal, state, or local laws which may concern the Website, its  respective servers, or any information, communications, or content found on or through them,  (g) you are the exclusive owner of all rights, title, and interests in and to the User Materials  (including, without limitation, all copyrights, trademarks, patents, trade secrets, rights of  publicity, and rights of privacy) and/or, if applicable, have secured all necessary rights and 

permissions relating to the User Materials to allow for your performance and grant of rights  under this Agreement, (h) the User Materials are wholly original to you, (i) the User Materials  do not and will not infringe upon or otherwise violate the proprietary, publicity, privacy, or  any other rights of any person or entity, (j) the User Materials do not and will not defame,  disparage, embarrass, or disclose confidential, private, or personal information about or  belonging to any person or entity, (k) nothing contained in the User Materials is or will be, or  contains or will contain, links to material that is profane, indecent, obscene, threatening,  abusive, illegal, false, misleading or any form of spam, malware, virus, bug, bot, spyware, or  other malicious or tracking technology, (l) Company is not required to seek the permission of  or compensate any third party to exercise any of the rights granted by you under this  Agreement, (m) no obligation, disability, agreement, or adverse claim exists that may restrict  your performance or grant of rights hereunder, (n) all information you provide to Company in  connection with your access or use of the Website is truthful and accurate, (o) you are not listed  on any United States government list of prohibited or restricted parties, and (p) you are not  located in a country that is subject to a United States government embargo or that has been  designated by the United States government as a “terrorist supporting” country. 

16. Disclaimers and Limitations. 

a. General Disclaimer. Your access or use of the Website in any way is done at your own risk.  The Website, the success or performance of the Website and all information,  communications, content, and features offered, marketed, sold, provided, licensed or made  available on, through, or in relation to the Website are provided to you on an “as is”, “where  is”, “as available”, and “with all faults” basis and without any warranty. Company does not  make, nor has Company made, any representations or warranties of any kind or nature  (whether direct or indirect, oral or written, or express or implied) to you with respect to the  Website, any such information, communications, content, and features or their success,  performance, functionality, quality, completeness, accuracy, reliability, marketability, or  safety. Company expressly disclaims any and all express warranties, implied warranties  (including, without limitation, implied warranties of merchantability, fitness for a  particular purpose, good faith and fair dealing, title, non-infringement, performance,  functionality, quality, completeness, accuracy, reliability, and safety), and warranties  arising from conduct, course of dealing, custom and usage in trade with respect to the  Website, any such information, communications, content, or features and their success,  performance, functionality, quality, completeness, accuracy, reliability, marketability, and  safety. Company does not make, nor has Company made, any affirmation of fact, promise  or warranty (whether express, implied, or otherwise) relating to the Website, or any such  information, communications, content, or features or their success, performance,  functionality, quality, completeness, accuracy, reliability, marketability, or safety that  extends beyond the face of this Agreement or that has become any basis of any bargain. 

b. Disclaimer About System Delays. You understand and acknowledge that the Website may  be subject to limitations, delays, and other problems inherent in the use of third-party  communication networks and facilities that are outside of Company’s control.  Accordingly, Company shall not be responsible for, and expressly disclaims, any delays,  failures, losses, injuries, liabilities, or damages associated with the Website that result from  any system delays, downtimes, interruptions, or other failures of, or problems with, the  Website that are outside of Company’s control (including, without limitation, scheduled  maintenance or network failure).

c. Disclaimer About Certain Information, Communications, and Content. Any opinions,  advice, reviews, statements, offers, or other information, communications or content found  on, through or in relation to Company or the Website (including, without limitation, online  forums, other websites, advertisements, and social media pages) are those of their  respective authors, and not necessarily those of Company and, therefore, they should not  necessarily be relied upon. Such authors are solely responsible for the accuracy of such  information, communications, or content. Company does not guarantee, adopt or endorse  the accuracy, completeness, reliability, or usefulness of any such information,  communications, or content, even if Company is the author. Company is not responsible  for the accuracy, completeness, reliability or usefulness of any such information,  communications, or content. Under no circumstances shall Company be liable to you or  any third parties for any loss or damage caused by or arising from or in connection with  your reliance on any such information, communications, or content. 

d. Limitation of Liability. In no event shall Company, any of Company’s parents,  subsidiaries, or other affiliates, or any of their respective officers, directors,  managers, owners, partners, agents, employees, representatives, trustees, assigns,  transferees, contractors, vendors, or licensees (collectively, “Company Parties”) be  held liable to (or be obligated to indemnify) you or any third party for any direct,  indirect, punitive, or special damages (including, without limitation, legal costs,  attorney fees, lost profits, replacement costs, or repair costs) caused by or arising  from or in connection with your access to or use of the Website, or your inability to  access or use the Website. If you are dissatisfied with any portion of the Website, then  your sole and exclusive remedy is to discontinue your access and use of the Website. 

e. Limitation of Remedies. In no event shall you be entitled to recover any special, incidental,  consequential, speculative, exemplary, or punitive damages arising out of or in relation to  the Website, even if Company has been notified of the possibility of such damages. 

f. No Injunctive Relief. In no event shall you be entitled to seek or obtain, and you do hereby  waive, any type of injunctive relief against Company Parties in relation to the Website.  

g. Consumer Protections. The disclaimers and limitations in this Section 16 are not intended  to limit liability or alter your rights as a consumer that cannot be limited or altered under  applicable law. 

17. General Release of Claims. You hereby release and hold harmless Company Parties from and  against all claims that you have or may have against them for any legal theory arising from or  in connection with the Website, and/or the rights and privileges granted or conveyed by you  under this Agreement (including, without limitation, those rights and privileges relating to the  User Materials and/or any elements, derivatives, or marketing of the foregoing). Further, you  waive your right to, and in no event shall you seek to, (a) enjoin Company Parties or (b)  exercise any of the rights or privileges granted or conveyed by you under this Agreement  (including, without limitation, the User Materials). 

You also hereby waive any rights you may have under Section 1542 of the California Civil  Code and any other statute or common law principle of similar effect, which provides: 

“A general release does not extend to claims that the creditor or releasing party does not 

know or suspect to exist in his or her favor at the time of executing the release and that, if  known by him or her, would have materially affected his or her settlement with the debtor or  released party”. 

18. Indemnification. You hereby agree to indemnify, release, and hold harmless Company  Parties from and against any and all liabilities, claims, suits, demands, actions,  judgments, losses, damages, fines, penalties, and expenses (including costs and reasonable  outside attorney fees) incurred by or asserted against any such Company Party arising  out of or in connection with (a) your acts, errors, or omissions, (b) your access to use of  the Website, (c) your violation of the rights of or other injury to any third party, and/or  (d) your breach of all or any part of this Agreement, including any breach of your  representation or warranty. 

19. Force Majeure. Company shall not be liable for delays in performance caused by any act of  God, fire or other casualty, accident, strike, shortage of labor or materials, governmental action,  industrial disturbance, pandemic, epidemic, or any other cause beyond Company’s reasonable  control, and the time for Company’s performance shall be extended by the period of any such  delay. Company reserves the right to apportion its production among its customers as it may  determine. 

20. Termination; Survival. You agree that Company may, in its sole discretion and without prior  notice, block, suspend, and/or terminate your access to the Website or terminate this  Agreement in its entirety, for any reason (including your violation of this Agreement or any  copyright infringement caused by or due to you) or for no reason. If this Agreement is  terminated for any or no reason, then all rights granted to you under this Agreement shall  automatically revert back to Company, and the following shall survive in perpetuity: (a) all  defined terms under this Agreement, (b) all rights and privileges under this Agreement which  were granted to or accrued in favor of the Company Parties as of the date of this Agreement’s  termination; (c) all disclaimers, limitations of liability and limitations of remedies, and (d) all  representations, warranties, covenants, certifications, releases, indemnifications, and promises  made by you under this Agreement. 

21. Governing Law. This Agreement, the additional terms, conditions, and policies referenced in  this Agreement, your access or use of the Website, the Parties’ relationship, and all disputes,  controversies, and claims arising from or in connection with any of the foregoing (whether  grounded in contract, tort, statute, law, or equity) is governed by the laws of the State of Texas  in the United States of America and the applicable federal laws of the United States of America,  regardless of its place of execution, its place of performance, and any conflicts of law analysis. 

22. Dispute Resolution. 

a. Binding Arbitration. Subject to Section 22(b), each Party hereby irrevocably submits all  disputes, controversies and claims arising from or concerning this Agreement, any  additional terms, conditions or policies referenced in this Agreement, your access or use of  the Website, and/or the Parties’ relationship (whether grounded in contract, tort, statute,  law, or equity) (collectively, the “Dispute(s)”) to binding arbitration administered by  Judicial Arbitration and Mediation Services, Inc. or its successor (“JAMS”) for the  resolution thereof, and such arbitration shall be the sole and exclusive method for resolving  the Disputes. The arbitration shall be binding, final, and confidential.

b. Pre-Arbitration Notice and Informal Resolution. Before initiating arbitration, the Party  seeking relief must first provide written notice of the Dispute to the other Party and engage  in a good-faith effort to resolve the Dispute informally. The notice must provide (a) a  detailed description of the Dispute; (b) your or Company’s name and contact information  (address, telephone number, email address, and account number if applicable); (c)  sufficient information to enable you or Company to identify any Dispute at issue; and (d)  a detailed description of: (i) the nature and basis of the Dispute and any claims; and (ii) the  nature and basis of the relief sought (including a detailed calculation of any damages). Your  notice to Company must be personally signed by you (and your attorney if you are  represented by legal counsel). Company’s notice to you must be personally signed by  Company’s representative (and Company’s attorney if Company is represented by legal  counsel). If requested by Company in connection with a notice initiated by you, you agree  to personally participate in an individualized telephone settlement conference (and if you  are represented by an attorney, your attorney may also participate) to discuss a potential  early resolution of the matter. If requested by you in connection with a notice initiated by  Company, Company agrees to have Company’s representative personally participate in an  individualized, telephone settlement conference (and if Company is represented by an  attorney, Company’s attorney may also participate). If the Dispute is not resolved within  sixty (60) days of receipt of the notice (which can be extended by the agreement of the  Parties), either Party may initiate arbitration. Compliance with this informal dispute  resolution process is mandatory and a condition precedent to initiating arbitration.  Any applicable limitations period (including statutes of limitations) shall be tolled  while the Parties engage in this informal dispute resolution process. If the sufficiency  of a notice or compliance with this informal dispute resolution process is at issue, such  issue may be raised with and decided by a court of competent jurisdiction at either  Party’s election, and the Parties agree that any arbitration shall be stayed pending  resolution of the issue. The court shall have the authority to enforce this condition  precedent to arbitration, which includes the power to enjoin the filing or prosecution  of a demand for arbitration. You or Company may also elect to raise non-compliance  with this informal dispute resolution process and seek relief in arbitration. 

c. Arbitration Rules. The arbitration shall be conducted before a single arbitrator under the  then-current JAMS Comprehensive Arbitration Rules & Procedures (the “JAMS Rules”),  as supplemented by the Federal Rules of Civil Procedure and the Federal Rules of Evidence  if and where applicable as a gap-filler. If there is any conflict between a provision of the  JAMS Rules, the Federal Rules of Civil Procedure, the Federal Rules of Evidence, or this  Agreement, then the conflicting provision of this Agreement shall control and govern over  the JAMS Rules, the Federal Rules of Civil Procedure and the Federal Rules of Evidence,  and the JAMS Rules shall control and govern over the Federal Rules of Civil Procedure  and the Federal Rules of Evidence. The construction, interpretation, and enforcement of  this Section 22 is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. 

d. Arbitration Process, Location, and Procedures. The Party initiating the arbitration  proceeding shall serve a written notice of arbitration on the other Party in accordance with  the JAMS Rules. All arbitration Dispute must be filed in Dallas County, Texas, and must  include a sworn declaration that the claimant is proceeding in their individual capacity and  not as part of a coordinated or mass filing. The arbitration shall be held in Dallas County,  Texas, United States of America. The arbitration shall be conducted in the English  language. The arbitrator shall be selected in accordance with the JAMS Rules, unless 

otherwise agreed to by the Parties to the arbitration. All issues or questions concerning  either the scope of this arbitration clause or the arbitrability of any of the Disputes shall be  referred to and finally decided by the arbitrator. The arbitrator may construe or interpret,  but shall not vary or ignore, the terms and conditions of this Agreement and shall be bound  by applicable law. 

e. Arbitration Decisions and Awards. The arbitrator shall render a written final decision on  the subject Dispute as soon as practicable and, in any event, not more than forty-five (45)  calendar days after the close of evidence and briefing. The arbitrator’s decision shall be  written, shall be in accordance with applicable law, and shall be supported by written  findings of fact and conclusions of law setting forth the basis for the arbitrator’s decision.  The arbitrator shall have no authority to award punitive, exemplary, or consequential  damages, unless such an award is authorized by applicable law. The arbitrator shall have  the authority to award attorney fees and expenses if such an award is permitted under this  Agreement or applicable law. Subject to any applicable rights of appeal, the final decision  of the arbitrator shall be binding and conclusive upon all of the Parties who have been  served with proper written notice of the arbitration proceeding as required by this Section 

22. Judgment on any award rendered by the arbitrator may be confirmed in any state or  federal court having jurisdiction thereof that is located in the State of Texas, United States  of America, and may be entered in and enforced by any domestic, foreign, or international  court having appropriate subject matter jurisdiction. Any decision, judgment, ruling,  finding, award, or other determination of the arbitrator and any information disclosed in  the course of any arbitration hereunder shall be kept confidential by the Parties, and any  court order to enforce the decision, judgment, ruling, finding, award, or other determination  of the arbitrator shall be filed under seal. 

f. Arbitration Fees and Expenses. JAMS’s administrative and filing fees, the arbitrator’s fees  and expenses and all other fees and expenses charged by JAMS and/or the arbitrator to  administer or conduct the arbitration shall be shared equally among all parties to the  arbitration; provided, that the prevailing party of the arbitration may recover an award of  its share of such fees and expenses if such an award is permitted under this Agreement or  applicable law. 

g. Litigation; Waiver. In the event a particular Dispute is not subject to arbitration (whether  by decision of an arbitrator with binding authority, or otherwise according to this  Agreement or applicable law), each Party hereby irrevocably submits to the exclusive  personal jurisdiction and venue of the state courts of Dallas County, Texas, United States  of America and the United States federal courts in the Northern District of Texas, Dallas  Division, for the litigation of said Dispute, and covenants and agrees that neither of the  foregoing is an inconvenient venue or forum. 

h. Waiver of Jury Trial and Class Action. UNLESS BOTH YOU AND COMPANY AGREE  OTHERWISE, ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS  SECTION 22 MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS  AND NOT ON A CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE  ATTORNEY GENERAL BASIS. CLAIMS OF MORE THAN ONE PERSON CANNOT  BE ARBITRATED JOINTLY OR BE CONSOLIDATED WITH THOSE OF ANY  OTHER PERSON. ADDITIONALLY, YOU AND COMPANY AGREE THAT THE  ARBITRATOR MAY AWARD INDIVIDUAL RELIEF AVAILABLE IN COURT 

(INCLUDING, WITHOUT LIMITATION, DAMAGES, DECLARATORY,  INJUNCTIVE, OR OTHER EQUITABLE RELIEF) ONLY IN FAVOR OF THE  INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT  NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S  PARTICULAR CLAIM. THE ARBITRATOR MAY NOT ISSUE A “PUBLIC  INJUNCTION”. THE ARBITRATOR DOES NOT HAVE THE POWER TO VARY  THESE CLASS ACTION WAIVER PROVISIONS. IF, FOR ANY REASON, A COURT  OF COMPETENT JURISDICTION HOLDS THAT THESE RESTRICTIONS ARE  UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR REQUEST  FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND  ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED (OR THE  DECISION IS OTHERWISE FINAL), THE PARTIES AGREE THAT THE  PARTICULAR CLAIM OR REQUEST FOR RELIEF MAY PROCEED IN A COURT  OF COMPETENT JURISDICTION BUT SHALL BE STAYED PENDING  ARBITRATION OF ALL REMAINING CLAIMS AND REQUESTS FOR RELIEF. Regardless of whether a particular Dispute is subject to arbitration or litigation, and to the  fullest extent permitted by law, each Party does hereby waive such Party’s right to a trial  by jury, to participate as the member of a class in any purported class action or other  proceeding, or to name unnamed members in any purported class action or other  proceeding. If a Party initiates arbitration in violation of the class or mass arbitration  waiver, that Party shall be responsible for all fees and costs associated with the arbitration,  including the opposing Party’s reasonable attorneys’ fees. 

i. Additional Procedure for Mass Filing. The Parties agree that these procedures (in addition  to all others provided in this Section 22) shall also apply if you choose to participate in a  “Mass Filing” (defined below). 

If twenty-five (25) or more similar Disputes (including yours) are asserted against  Company by the same or coordinated counsel or are otherwise coordinated (“Mass Filing”),  you understand and agree that by choosing to be part of a Mass Filing, these additional  procedures shall apply, and the resolution of your Dispute might be delayed and ultimately  proceed in court if not resolved through the process set forth below. The Parties agree that  throughout this process, their counsel shall meet and confer in an effort to informally  resolve the Disputes, streamline procedures, address the informal exchange of information,  modify the number of Disputes to be adjudicated, and promote efficiency, conservation of  resources, and the resolution of claims. 

If your claim is part of a Mass Filing, any applicable limitations periods (including statutes  of limitations) shall be tolled for your Dispute from the time that the Mass Filing is first  submitted to JAMS until your Dispute proceeds in arbitration or is settled, withdrawn,  otherwise resolved, or opted out of arbitration pursuant to this Section 22. 

STAGE ONE: Counsel for the claimants and counsel for Company shall each select  twenty-five (25) claims per side (fifty (50) claims total) to proceed as cases in individual  arbitration proceedings as part of an initial staged process. Alternatively, either side’s  counsel may elect to have their twenty-five (25) cases selected randomly. The number of  Disputes to be selected to proceed as part of this initial staged process can be increased by  agreement of counsel for the Parties (and if there are fewer than one hundred (100)  Disputes, all shall proceed individually in Stage One). Each of the fifty (50) (or fewer) 

cases shall be assigned to a different arbitrator and proceed in individual arbitrations. If a  case is withdrawn without the consent of both Parties, then another Dispute shall be  selected consistent with the selection process referenced above to proceed as part of this  Stage One. The remaining Disputes shall not be filed or deemed filed in arbitration nor  shall any administrative fees be assessed or collected in connection with those claims until  they are selected to proceed to individual arbitration proceedings as part of a staged  process. If after this initial set of proceedings the Parties are unable to informally resolve  the remaining Disputes, they shall participate in a global mediation session with a retired  federal or state court judge to be jointly selected by counsel for the Parties in an effort to  resolve the remaining Disputes (as informed by the adjudications of cases in Stage One),  and Company shall pay the mediator’s fee. 

STAGE TWO: If the remaining Disputes have not been resolved at the conclusion of Stage  One, counsel for the claimants and counsel for Company shall each select fifty (50)  Disputes per side (one hundred (100) claims total) to be filed and to proceed as cases in  individual arbitrations as part of a second staged process, subject to any procedural changes  the Parties agree to in writing following mediation or through continuing, good faith  discussions. Alternatively, either side’s counsel may elect to have their fifty (50) Disputes  selected randomly. The number of Disputes to be selected to proceed as part of this second  staged process can be increased by agreement of counsel for the Parties (and if there are  fewer than two hundred (200) Disputes, all shall proceed individually in Stage Two). No  more than three (3) cases may be assigned to a single arbitrator to proceed individually  unless the Parties agree otherwise. If a case is withdrawn without the consent of both  Parties, then another Dispute shall be selected consistent with the selection process  referenced above to proceed as part of this Stage Two. The remaining Disputes shall not  be filed or deemed filed in arbitration nor shall any administrative fees be assessed or  collected in connection with those claims. After this second set of staged proceedings is  completed, the Parties shall engage in a global mediation session of all remaining Disputes  with a retired federal or state court judge to be jointly selected by counsel for the Parties in  an effort to resolve the remaining Disputes (as informed by the adjudications of cases in  Stages One and Two), and Company shall again pay the mediator’s fee. 

Upon the completion of the global mediation session set forth in Stage Two, each  remaining Dispute (if any) that is not settled or not withdrawn shall be opted out of  arbitration and may only proceed in a court of competent jurisdiction consistent with  this Agreement. Notwithstanding the foregoing, counsel for the Parties may mutually  agree in writing to proceed with the adjudication of the remaining Disputes in  individual arbitration proceedings consistent with the process set forth in Stage Two  (except Disputes shall be randomly selected and mediation shall be elective by  agreement of counsel for the Parties) or through another mutually agreeable process. 

A court of competent jurisdiction shall have the authority to enforce this Section 22(i),  including by enjoining the Mass Filing, and the prosecution or administration of  arbitrations. This Section 22(i) and each of its requirements are essential parts of this  Section 22. If, after exhaustion of all appeals, a court of competent jurisdiction decides that  this Section 22(i) applies to your Dispute and is not enforceable, then your Dispute shall  not proceed in arbitration and shall only proceed in a court of competent jurisdiction  consistent with the remainder of this Agreement.

j. Opt-Out. You may opt out of this arbitration agreement in this Section 22 by sending  written notice to Company within thirty (30) days of first accepting the then-current version  of this Agreement. Your notice must include your name, address, and a clear statement that  you wish to opt out of arbitration. By opting out of arbitration, all other provisions in this  Agreement, including the class action waiver and jury trial waiver, remain in effect to the  fullest extent permissible by applicable law. 

k. Survival and Severability. This arbitration agreement in this Section 22 shall survive the  termination of this Agreement and any relationship between the Parties. If a court or  arbitrator determines in an action between you and Company that any part of this Section  22 cannot be enforced with respect to any Dispute, the rest of this Section 22 will continue  to apply; provided, however, that if the class action waiver is declared to be unenforceable  or invalid, this entire Section 22 (other than this sentence) will not apply to that Dispute  (but will still apply to any and all other Disputes that you or Company may assert in that  or any other action). In any such case, you and Company agree to arbitrate all Disputes for  relief subject to individual arbitration first, and that any remaining unresolved Disputes for  relief may be pursued in court only after the arbitrator’s award has been issued. In any such  proceeding, the arbitrator’s factual findings will not be entitled to deference by the court. 

l. Future Changes to Arbitration Agreement. If Company makes any future changes to this  Section 22 (other than a change to Company’s contact information), you may reject any  such change by sending your personally signed, written notice to the following address:  Vivi Ventures, Inc d/b/a Triplemoon, 5660 West Lovers Lane, Suite 116 #103, Dallas, TX  75209, postmarked within thirty (30) days of the change. Such written notice does not  constitute an opt-out of arbitration altogether. By rejecting any future change, you are  agreeing that you will arbitrate any Dispute between you and Company in accordance with  this version of this Arbitration Agreement. 

23. Notice. Unless otherwise expressly stated in this Agreement, Company may give or deliver all  other notices to you by means of a general notice posted on this or another page of the Website  or by email to your email address as you may provide to Company on or through the Website,  and such notices shall be deemed effective as of their stated effective dates. 

24. Relationship. In no event shall this Agreement, the performance of a Party’s rights or  obligations under this Agreement, the Website, or a Party’s access or use of the Website create  any type of fiduciary, franchise, agency, employment, independent contractor, partnership, or  joint venture relationship between you and Company. 

25. Miscellaneous. 

a. Electronic Signatures. If your acceptance of this Agreement is further evidenced by your  affirmative assent to the same (e.g., by a “check the box”), then that affirmative assent is  the equivalent of your electronic signature to this Agreement. However, for the avoidance  of doubt, your electronic signature is not required to evidence or facilitate your acceptance  and agreement to this Agreement, as you agree that the conduct described in this  Agreement as relating to your acceptance and agreement to this Agreement alone suffices. 

b. No Waiver. No failure or delay by Company to exercise any right, remedy, power, or  privilege arising from or in connection with this Agreement will operate or be construed as 

a waiver thereof, except as otherwise expressly stated in this Agreement. Any waiver  authorized by Company on one occasion is effective only in that instance and only for the  purpose stated, and does not operate as a waiver on any future occasion. 

c. Assignment and Delegation. You shall not assign, delegate, or otherwise transfer any of  your rights or obligations under this Agreement without Company’s prior written consent  in each instance. 

d. Construction and Interpretation. This Agreement shall be construed to have been drafted  by all of the Parties, so that any rule of construction or interpretation that construes or  interprets ambiguities against the drafter shall have no force or effect. 

e. Headings. Section headings are inserted in this Agreement for reference and convenience  only and shall not interpret, define, limit, or describe the scope, intent, terms, or conditions  of this Agreement. 

f. Severability. If any term or condition of this Agreement is deemed invalid or unenforceable  by the arbitrator or (if applicable) a court of law with binding authority, then the remaining  terms and conditions shall not be affected, and said arbitrator or court of law shall reform  the invalidated or unenforceable term or condition to the maximum extent permitted under  the law and consistent with the intent of this Agreement. 

g. United States Government Rights. The Website is “commercial product” consisting of  “commercial computer software” and “commercial computer software documentation” as  such terms are defined in 48 C.F.R. § 2.101. If you are an agency of the U.S. Government  or its contractor, you receive only those rights with respect to the Website as are granted to  all other users of the Website under this Agreement. 

h. No Provision of the Website Where Prohibited. Company reserves the right to limit, in its  sole discretion, the provision of the Website to any person or geographic area. Any offer  of the Website is void where prohibited. By offering the Website, no distribution or  solicitation is made by Company to any person to use the Website in any jurisdictions  where the provision of the Website is prohibited by law. Company makes no representation  that the Website is appropriate or available for use at locations outside of the United States.  You may not use or export the Website in violation of U.S. export laws and regulations.  You shall not, directly or indirectly, export, re-export, or release the Website to, or make  the Website accessible from, any jurisdiction or country to which export, re-export, or  release is prohibited by law, rule, or regulation. 

i. Entire Agreement. This Agreement, together with those additional terms, conditions, and  policies referenced herein and/or made available herein by hyperlink, constitutes the entire  agreement and understanding between the Parties with respect to the subject matter hereof,  supersedes any prior agreements and understandings, if any, between the Parties with  respect to such subject matter, and shall inure to the benefit of and be binding upon the  Parties and their respective successors and assigns. 

26. Contact Us. Please direct any questions you may have about the Website or this Agreement  to hello@triplemoon.com with a subject line of “Website Question”; or Vivi Ventures, Inc d/b/a Triplemoon, 5660 West Lovers Lane, Suite 116 #103, Dallas, TX 75209. The foregoing 

contact information may change from time to time by supplementation, amendment, or  modification of this Agreement. 

Under California Civil Code Section 1789.3, California users of the Website may reach the  Complaint Assistance Unit of the Division of Consumer Services of the California Department  of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by  telephone at (800) 952-5210.