Throne Terms of Service: App, Device & Membership Use

Last updated: January 22, 2026

IMPORTANT – READ CAREFULLY: These Throne Terms of Service (“Agreement”) form a binding agreement between you and Throne, Inc., a Delaware corporation (“Throne” or “we” or “us”). Your use of (including any access to) the Throne device (the “Device”), the companion mobile application for use with the Device (the “App”) (collectively with any other web-based access interface or services as well as all software and other products or services in the Device or App, the “Services”) or other indication of consent, constitutes your acceptance of this Agreement. This Agreement hereby incorporates by this reference any additional terms and conditions posted by us through the Services or otherwise made available to you by Throne.

BY USING THE SERVICES, YOU AFFIRM THAT YOU ARE EITHER OF LEGAL AGE OR, IF YOU ARE NOT, THAT YOU HAVE RECEIVED PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO ENTER INTO THIS AGREEMENT.

IF YOU ARE AN INDIVIDUAL ACCESSING OR USING THE SERVICES ON BEHALF OF, OR FOR THE BENEFIT OF, ANY CORPORATION, PARTNERSHIP, OR OTHER ENTITY WITH WHICH YOU ARE ASSOCIATED (AN “ORGANIZATION”), THEN YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT. REFERENCES TO “YOU” AND “YOUR” IN THIS AGREEMENT WILL REFER TO BOTH THE INDIVIDUAL USING THE SERVICES AND TO ANY SUCH ORGANIZATION.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 13.2 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.

Please note that you are solely responsible for ensuring that each Unregistered User is informed of the presence and nature of the Device, and of the potential collection and use of Your Content (as defined in Section 6) as further described in this Agreement. “Unregistered User” means any of your household members or guests, or other users or potential users of any facilities where your Device is located who are not otherwise bound by this Agreement or another agreement with Throne governing their use of the Services.

SCOPE
We may update this Agreement from time to time, upon reasonable notice (which may include posting an updated version of this Agreement on the Services). Your use of the Services following any changes to this Agreement will constitute your acceptance of such changes. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes or otherwise notified you of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify, or discontinue all or part of the Services (including access to the App or the Device via any third-party links); charge, modify, or waive any Fees (as defined in Section 8) required to use the Services; or offer opportunities to some or all Services users.
INFORMATION SUBMITTED THROUGH THE SERVICES. Your submission of information through the Services is governed by Throne’s Privacy Policy, located at thronescience.com/pages/privacy-policy (the “Privacy Policy”). You represent and warrant that any information you provide in connection with the Services is and will remain accurate and complete, and that you will maintain and update such information as needed.
JURISDICTIONAL ISSUES. The Services are controlled or operated (or both) from the United States and are not intended to subject Company to any non-U.S. jurisdiction or law. We may limit the availability of the Services at any time, in whole or in part, to any person, geographic area, or jurisdiction that we choose. Without limitation of the foregoing, the Device is not designed and tested for use in all countries. If you choose to access the Services and/or use the Device, you choose to do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. You understand and accept that the Services and the Device are not designed for use in all countries and some or all of the features of the Services and Device may not work or be appropriate for use in all countries.
LICENSE
1. Limited Licenses.
  1. Subject to your compliance with the terms of this Agreement, Throne hereby grants to you, during the Term, a non-exclusive, limited, revocable, non-transferable, non-sublicensable license to (i) access and use the software on the Device for the purpose of using the Services, (ii) otherwise access and use the Services (excluding the App), and (iii) access and use any graphical or numerical display of results or usage of the Device by you through the Services (“Reports”) in the form made available by Throne, in each case solely for your personal, non-commercial use.
  2. The App is licensed (not sold) to end users. Subject to your compliance with this Agreement, and solely for so long as you are permitted by Company to use the App, we hereby permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the App on a mobile device that you own or control, solely for your personal, non-commercial use. If you fail to comply with any of the terms or conditions of this Agreement, you must immediately cease using the App and remove (that is, uninstall and delete) the App from your mobile device.
2. License Restrictions. Except as expressly permitted under this Agreement, you must not (and will not authorize, encourage or cooperate with any third party to):
  1. access or use the Services (i) in violation of this Agreement or any applicable laws, rules or regulations or (ii) in a manner that would cause a material risk to the security or operations of Throne;
  2. reproduce, modify, adapt, translate, port or create derivative works of all or any portion of the Services;
  3. sublicense, distribute, transmit, sell, lease, rent, loan or otherwise make available all or any portion of the Services (including any functionality of the Services) to a third party, or provide any functionality of the Services to a third party (whether on a service bureau basis or otherwise);
  4. engage in any decompiling, disassembling or other reverse engineering, or otherwise attempt to discover, learn or study the structure or organization, underlying algorithms or other internals, protocols, data structures or other externals, or the source code of the Services;
  5. remove any copyright, trademark, confidentiality or other proprietary rights notice from the Services or related documentation and materials;
  6. remove, disable or otherwise limit the effectiveness of any technical protections, including those used by Throne to (i) manage, monitor, control or analyze the installation of, access to, or use of the Services, or (ii) protect Throne’s intellectual property rights; or
  7. use the Services for competitive analysis (including benchmark testing), or to create, train or improve (directly or indirectly) a product or service that substantially replicates any feature or functionality of Device.
3. Ownership; Reservation of Rights. We and our suppliers own the Services, which are protected by proprietary rights and laws. You may not use our trade names, trademarks, service marks, or logos, or any other trade names, trademarks, service marks, or logos made available on or through the Services, in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting any right to use any trade names, trademarks, service marks, or logos without the express prior written consent of the owner. Throne hereby reserves all other rights not expressly granted in this Agreement. Except as expressly set out in this Agreement, you will not have any licenses or other rights with respect to the Services or any improvements, modifications or derivative works of the foregoing, or other materials or intellectual property rights of Throne, whether by implication, estoppel, statute, or otherwise. You will not sell, transfer or distribute the Services without Throne’s prior written consent.
REGISTRATION; USERNAMES AND PASSWORDS. You may need to register to use all or part of the Services. We may reject, or require that you change, any username, password, or other information that you provide to us in registering. Your username and password are for your personal use only and should be kept confidential; you, and not Throne, are responsible for any use or misuse of your username or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your Throne account.
YOUR CONTENT
1. Definition; Responsibility. “Your Content” means any photos, videos, audio, audiovisual materials, data or other information or materials generated by use (including by you or any Unregistered User) of the Device. You will be solely responsible for all matters relating to Your Content.
2. Ownership and Use. You retain all ownership rights in Your Content. You hereby grant to Throne and its affiliates a non-exclusive, worldwide, fully paid-up, royalty-free, sublicensable (through multiple tiers), perpetual, irrevocable license to (i) use, copy, transmit, index, store, modify, model, analyze, display and otherwise exploit (“Use”) Your Content in order to provide you the functionality of the Services; (ii) to Use Your Content in order to improve our products and services (including the Services), including to train, re-train, fine-tune, validate, update, improve, and otherwise innovate our artificial intelligence and machine learning models and algorithms; and (iii) to generate or develop deidentified data from Your Content and any derivatives that do not directly or indirectly identify you or any individual (the “Deidentified Data”). As between the parties, we solely own all right, title and interest in and to any Deidentified Data and any data, information and material created by us with such Deidentified Data. Deidentified Data may be made publicly available and may be used for any legal purpose, so long as the Deidentified Data does not directly or indirectly identify you or any individual.
3. Disclaimer. You acknowledge and agree that due to the nature of the Device, Your Content may contain explicit or anatomical images or other materials. The Services are not intended or designed to collect explicit or anatomical images or other materials. We have implemented controls to limit such collection, but there is always a possibility that they could be inadvertently collected. If you do not wish such materials to be collected and used as provided in this Agreement, you must not use the Device. In addition, you represent and warrant that (a) before each Unregistered User’s use of the Device, you will inform the Unregistered User of the potential for the collection of such sensitive, graphic, anatomical or explicit materials, and of Throne’s rights to use such materials, and obtain their consent to such collection and use; and (b) you will not permit any Unregistered User to use the Device if he or she does not consent to such collection and use.
USAGE ANALYTICS; AUTOMATIC UPDATES. Throne may develop, modify, improve, support, customize and operate its products and services (including the Services and Device) based on use of the Services, including by freely using any data and information regarding, gathered through or otherwise generated from Your Content or your access to and use of the Services. By using the Services, you agree that Throne may automatically download and install updates to its software on the Device from time to time.
PAYMENT; SUBSCRIPTIONS
1. Payment Processing. You acknowledge and agree that our Services rely on third-party payment processors to facilitate transactions. You authorize us to supply your payment card details to third party payment processors for purposes of processing payments on our Services. Your payment card provider may charge you currency conversion fees. We do not have control over currency exchange rates or charges imposed by your payment card provider or bank, and we will not be responsible for paying any charges or fees imposed by your payment card provider or bank. If our payment processors experience technical issues or delays in processing payments, we may suspend your access to the Services. We disclaim any liability for issues arising from the performance or failure of our payment provider(s). You may be subject to terms and conditions governing use of our third-party payment processor’s service and their privacy policy.
2. Refunds. The Fees associated with your account are final and nonrefundable to you. However, we reserve the right to address any refund request and issue refunds in appropriate cases, within our sole discretion. If we determine that a refund request was made by you in bad faith, we have the right to suspend or delete your account. “Fees” means the amounts payable by you to Throne under this Agreement, as displayed to you at the time you signed up for the Services and as may be revised by Throne from time to time
3. Subscriptions; Free Trials. If you purchase a subscription for use of the Services, it will automatically renew at the end of each subscription term for successive renewal terms of the same length until you cancel, unless otherwise stated at checkout. If there is a free trial period, this will be stated at the time you sign up for the Services. You may cancel through the Services, or by emailing us at support@thronescience.com. If you cancel, you will be able to continue using the Services through the end of the then-current subscription period and will be responsible for Fees for this period, if any. If you cancel during the free trial period, you will not be responsible for any Fees. The renewal price will be the price stated at checkout or in subsequent notice we send you, plus applicable taxes, subject to any price changes in accordance with this Agreement and applicable law. We may modify our Fees at any time on at least thirty (30) days’ notice to you. By completing your purchase after these disclosures and affirmative consent, you agree to the automatic renewal terms.
4. Taxes. You will be responsible for, and will pay promptly, all taxes, levies, imports, duties, charges and fees of any kind (including but not limited to sales, use and withholding taxes) associated with any purchase, receipt or use of the Services, except for taxes based on Throne’s net income.
5. Billing. If you provide billing information to Throne or its third-party payment processor, you (a) represent and warrant that you are authorized to provide and use the billing information, and (b) authorize our third-party payment processor to charge your payment card or otherwise process your payment for any fees incurred by you.
FEEDBACK. You acknowledge that it is up to you whether you provide any information, comments, feedback, suggestions or requests regarding the Services (“Feedback”). If you do, Throne may use Feedback for any purpose, and you hereby grant to Throne and its affiliates a non-exclusive, worldwide, fully paid-up, royalty-free, sublicensable (through multiple tiers), perpetual, irrevocable license to use, copy, publicly display, modify, publicly perform, publish, reproduce and otherwise exploit such Feedback.
WARRANTY DISCLAIMER; NO HEALTH ADVICE; LIABILITY RELEASE
1. Disclaimer; Limited Warranty. EXCEPT AS PROVIDED TO YOU IN THE BOX WITH THE DEVICE OR IN OUR TERMS AND CONDITIONS OF SALE, THE SERVICES ARE PROVIDED TO YOU “AS IS WITH ALL FAULTS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, AND THRONE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARTNERS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES WHETHER EXPRESS OR IMPLIED AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. THRONE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THE AVAILABILITY OF CONTENT, THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL FUNCTION WITH OTHER MOBILE APPS OR HARDWARE, OR WITHIN A SYSTEM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THRONE OR A THRONE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION MAY NOT APPLY TO SUCH EXTENT.
2. No Medical Advice. The Services and all of the material provided through the Services, including Reports, such as text, graphics, photographs, images, messages, and any other materials, are for informational purposes only and are not a substitute for professional medical advice or treatment or the services of properly trained and licensed individuals, including without limitation physicians or other clinicians. Throne is not responsible or liable for any advice, course of treatment, diagnosis, or any other information or services that any patient or other individual may obtain or receive in connection with the Services; or for the accuracy, completeness, or suitability of any data, information, or other content used or received in connection with the Services. Please seek the advice of your physician or other qualified health care provider for any questions you may have regarding your health. Throne does not promise any particular results with regards to your health in connection with use of the Services. If you think you have a medical emergency, call your doctor or your local emergency phone number immediately. The Services are not intended for emergency or life-threatening situations. If you believe you are experiencing a medical emergency, contact your local emergency services immediately.
  You should always consult a qualified and licensed health care professional prior to beginning or modifying any diet, exercise, consultations, or training program. You agree that your exercise and athletic activities carry certain inherent and significant risks of bodily injury, death or property damage, and that you voluntarily assume all known and unknown risks associated with these activities.
  Use of the Services, or communication with us via the internet, e-mail or any other means, does not create any doctor-patient relationship. The Services and any Reports, whether provided by Throne or third parties, do not provide medical advice and are not intended to be a substitute for (i) advice from your doctor or other medical professionals, or (ii) a visit, call, or consultation with your doctor or other medical professionals.
  THE SERVICES HAVE NOT BEEN REVIEWED BY OR RECEIVED MARKETING AUTHORIZATION FROM THE U.S. FOOD AND DRUG ADMINISTRATION. THE SERVICES DO NOT AND ARE NOT INTENDED TO DIAGNOSE, PREVENT, MONITOR, TREAT OR ALLEVIATE DISEASE, DIAGNOSE, MONITOR, TREAT, ALLEVIATE OR COMPENSATE FOR AN INJURY OR HANDICAP, INVESTIGATE, REPLACE OR MODIFY THE ANATOMY OF A PHYSIOLOGICAL PROCESS, CONTROL CONCEPTION, OR ACHIEVE ITS PRIMARY INTENDED PURPOSE IN OR ON THE HUMAN BODY BY CHEMICAL, PHARMACOLOGICAL, IMMUNOLOGICAL OR METABOLIC MEANS, EVEN IF IT IS ASSISTED IN ITS FUNCTION BY SUCH MEANS. YOU SHOULD NOT USE THE SERVICES OR ANY CONTENT ON THE SERVICES FOR DIAGNOSING OR TREATING A HEALTH CONDITION, AND ANY MEDICAL DECISIONS SHOULD ONLY BE MADE IN CONSULTATION WITH YOUR DOCTOR.
  THE SERVICES ARE DESIGNED FOR GENERAL WELLNESS AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT DISEASES OR CONDITIONS. ANY CHANGES TO MEDICATION, NUTRITION, OR WORKOUTS SHOULD NOT BE MADE WITHOUT FIRST CONSULTING WITH A DOCTOR OR ANOTHER HEALTH CARE PROFESSIONAL.
  If you have any medical questions, please call or see your doctor or other health care provider. You should never disregard medical advice or delay in seeking medical advice because of any Reports presented on the Services.
3. Release of Liability. In consideration of being allowed to use the Services, you hereby release, waive, and forever discharge Throne, its affiliates, and its and their respective officers, directors, employees, agents, successors, and assigns from all liabilities, claims, actions, damages, losses, costs, and expenses (including attorneys' fees) of any kind or nature, whether arising in law or equity, directly or indirectly related to or arising from use (including any Unregistered User’s use), of the Services, including, but not limited to, personal injury and property damage. If you are a California resident, you waive your rights with respect to California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
INDEMNITY; PROPER USE; LIMITATION OF LIABILITY
1. Indemnity. You agree to defend, indemnify and hold harmless Throne and its affiliates and service providers, and their respective successors and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorneys’ fees) arising from: (i) use of and access to the Services (including by you and any Unregistered User), including any data or content transmitted or received; (ii) your violation of any term of this Agreement, including your breach of any of the representations and warranties; (iii) your violation of any third-party right, including any right of privacy or intellectual property; (iv) your violation of any applicable law, rule or regulation; (v) Your Content; (vi) your negligence or willful misconduct; or (vii) any claim by any Unregistered User in connection with the Services or Your Content.
2. Proper Use. You agree to heed all applicable warnings and follow all applicable instructions for proper use of the Device, App, and Services, and to convey such warnings and instructions to Unregistered Users. Failure to do so could result in bodily injury, property damage, or other harm.
3. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THRONE OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THRONE AND ITS AFFILIATES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR INFORMATION; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT IN CONNECTION WITH THE SERVICES; (VII) YOUR CONTENT; AND/OR (VIII) USE OF OR INABILITY TO USE THE SERVICES. IN NO EVENT SHALL THRONE OR ITS AFFILIATES BE LIABLE FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNTS PAID IN THE SIX (6) MONTHS FOR THE SERVICES PRIOR TO THE ACCRUAL OF THE FIRST CLAIM AND PURCHASE PRICE OF THE DEVICE. THE FOREGOING LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, AND EVEN IF THRONE OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BUT DOES NOT APPLY TO THE EXTENT PROHIBITED BY LAW, OR IN CONNECTION WITH THRONE’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD.
  SOME STATES AND JURISDICTIONS, DO NOT ALLOW EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
TERMINATION
1. The term of this Agreement will continue until terminated in accordance with its terms (the “Term”).
2. You or Throne may terminate this Agreement at any time for any reason immediately upon written notice. Throne may also suspend or restrict your access to or use of the Services at any time. Except where a change is required by law or for security reasons that reasonably require immediate action, we will make reasonable efforts to provide you with thirty (30) days advance notice of any material modification or planned discontinuation of Services.
3. In the event of a discontinuation of the Services, we will make reasonable efforts to provide you with the ability to export Your Content prior to shutdown. In connection with such discontinuation, we may delete or disable access to Your Content in accordance with our data retention policies.
4. Upon any such termination, suspension or restriction, you will immediately cease using the Services. No termination of this Agreement will affect the rights and obligations of the parties accrued before termination. Sections 1, 2, 3, 4.2, 4.3, 6, 7, 8 (with respect to any Fees accrued during the Term), 9, 10, 11, 12.4 and 13 will survive any termination of this Agreement.
GENERAL
1. Governing Law. Any dispute arising from this Agreement and your use of our Services will be governed by and construed and enforced in accordance with the laws of the State of Texas, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Texas and the United States, respectively, sitting in Travis County, Texas.
2. Dispute Resolution; Binding Arbitration. Please read the following section carefully because it requires you to arbitrate certain disputes and claims with us and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. Except as expressly contemplated in the subsection entitled “Batch Arbitration,” no class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.
  No Representative Actions. Except as expressly contemplated in the subsection entitled “Batch Arbitration,” you and Throne agree that any dispute arising out of or related to this Agreement or our Services is personal to you and Throne and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
  1. Arbitration of Disputes. Except for small claims disputes in which you or Throne seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Throne seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Throne waive your rights to a jury trial and to have any dispute arising out of or related to this Agreement or our Services resolved in court. Instead, for any dispute or claim that you have against us or relating in any way to our Services, you agree to first contact us and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to us by email at legal@thronescience.com or by certified mail addressed to 1301 South 1st Street, Austin, TX 78704. The Notice must (i) include your name, residence address, email address, and telephone number; (ii) describe the nature and basis of the claim; and (iii) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Throne cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Unless you and Throne otherwise agree or the Batch Arbitration process discussed in Section 13.2(e) is triggered, arbitration proceedings will be held in Travis County, Texas or may be conducted telephonically or via video conference for disputes alleging damages less than $10,000, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
  2. You and Throne agree that this Agreement affects interstate commerce and that the enforceability of this Section ‎13.2 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, this Agreement and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
  3. The arbitrator, Throne, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
  4. You and Throne agree that for any arbitration you initiate, you will pay the filing fee and we will pay the remaining JAMS fees and costs. For any arbitration initiated by Throne, we will pay all JAMS fees and costs. You and Throne agree that the state or federal courts of the State of Texas and the United States sitting in Travis County, Texas have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
  5. Batch Arbitration.
    1. To increase the efficiency of administration and resolution of arbitrations, you and Throne agree that in the event that there are 100 or more individual Notices of a substantially similar nature filed against Throne by or with the assistance of the same law firm, group of law firms, or organizations, within a 30 day period (or as soon as possible thereafter), the JAMS shall (1) administer the arbitration demands in batches of 100 Notices per batch (plus, to the extent there are less than 100 Notices left over after the batching described above, a final batch consisting of the remaining Notices); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).
    2. All parties agree that Notices are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the JAMS, and the JAMS shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Throne.
    3. You and Throne agree to cooperate in good faith with the JAMS to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Notices, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.
    4. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
  6. Any claim arising out of or related to this Agreement or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Throne will not have the right to assert the claim.
  7. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section ‎13.2 by sending an email to legal@thronescience.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 13.1.
  8. If any portion of this Section ‎‎13.2 is found to be unenforceable or unlawful for any reason, (i) the unenforceable or unlawful provision will be severed from this Agreement; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section ‎13.2 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section ‎13.2; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section ‎13.2 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section ‎13.2 will be enforceable.
3. Information or Complaints. If you have a question or complaint regarding the Services, please send an e-mail to support@thronescience.com. You may also contact us by writing to 1301 South 1st Street, Austin, TX 78704 or by calling us at 1-888-887-8513. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents 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 (916) 445-1254 or (800) 952-5210.
4. Export Controls. You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant, and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.
5. Miscellaneous. The parties expressly agree that they do not intend for this Agreement to be interpreted as an employment, agency, joint venture or partnership relationship. You will send any notices to Throne by any of the following: email; prepaid first class recorded delivery by U.S. postal mail; overnight delivery; or service of process to 1301 South 1st Street, Austin, TX 78704. Throne will send any notices to you by any of the following: through the Services; email; prepaid first class recorded delivery by U.S. postal mail; overnight delivery; or service of process to any address on file. Throne will not be liable under this Agreement to the extent caused by any event or occurrence beyond Throne’s control. You will not assign or transfer any rights or obligations under this Agreement without the prior written consent of Throne; any such attempted assignment or transfer will be void. Throne may assign or transfer this Agreement, in whole or in part, without restriction. Neither party’s waiver of any breach of this Agreement constitutes a waiver of that provision in any other instance. No rights under this Agreement may be waived, in whole or in part, except in writing signed by the parties. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement contains the entire understanding of the parties relating to its subject matter, supersedes all earlier agreements, understandings, proposals, discussions, negotiations, representations and warranties, both written and oral, regarding its subject matter. If any term of this Agreement is held invalid or unenforceable for any reason, the remainder of the term and this Agreement will continue in full force and effect.
6. Apple-Specific Terms. In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to Throne in accordance with Section 1.1 above. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service, except that the App may also be accessed and used by other accounts associated with you via Apple’s Family Sharing or volume purchasing programs. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, Throne’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.