ROYAL FLUSH: BATHROOM REVIEWS

Terms of Service and End User License Agreement

Effective Date: June 15, 2026

Operated by Artisan Apps | Salt Lake City, Utah

PLEASE READ THESE TERMS OF SERVICE AND END USER LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE DOWNLOADING, INSTALLING, OR USING THE ROYAL FLUSH: BATHROOM REVIEWS APPLICATION. BY ACCESSING OR USING ROYAL FLUSH: BATHROOM REVIEWS IN ANY MANNER, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT IN ITS ENTIRETY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION.

1. Acceptance of Terms

This Agreement is a legally binding contract between you (“User,” “you,” or “your”) and Artisan Apps, a Utah company (“Artisan Apps,” “Company,” “we,” “us,” or “our”), governing your access to and use of the Royal Flush: Bathroom Reviews mobile application, including all content, features, functionality, and services made available through or in connection with the application (collectively, the “App” or “Service”).

By downloading, installing, registering for, accessing, or using the App in any way—including browsing content without creating an account—you represent that you have read, understood, and agree to be bound by this Agreement, our Privacy Policy (incorporated herein by reference), and any additional guidelines, rules, or policies we may publish from time to time (collectively, the “Policies”).

Your continued use of the App following notice of any modification to this Agreement constitutes your acceptance of the modified terms. If you are using the App on behalf of an organization, you represent that you have the authority to bind that organization to this Agreement, and references to “you” include both you individually and that organization.

2. Eligibility

The App is intended for individuals who are at least thirteen (13) years of age. By using the App, you represent and warrant that:

You are at least 13 years of age, or, if you are under 18, you have obtained verifiable parental or legal guardian consent to use the App;

You have the legal capacity to enter into a binding agreement under applicable law;

You are not located in a country subject to a U.S. government embargo or designated as a “terrorist-supporting” country;

You are not listed on any U.S. government list of prohibited or restricted parties; and

You have not previously been suspended or permanently banned from using the App by Artisan Apps.

Artisan Apps reserves the right to require age verification at any time and to restrict or terminate access for any User who does not satisfy these eligibility requirements.

3. License Grant

3.1 Limited License to You

Subject to your full and ongoing compliance with this Agreement, Artisan Apps grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on a mobile device that you own or control, solely for your personal, non-commercial use and solely as permitted by this Agreement and any applicable app store rules.

3.2 License Restrictions

Except as expressly permitted by this Agreement or applicable law, you agree not to:

Copy, modify, adapt, translate, reverse engineer, disassemble, decompile, or create derivative works based on the App or any part thereof;

Rent, lease, loan, sell, sublicense, assign, or otherwise transfer your rights in the App to any third party;

Remove, alter, or obscure any proprietary notices, labels, or marks on the App;

Use the App for any commercial purpose or for any public display, performance, or broadcast;

Circumvent or disable any content protection systems, digital rights management tools, or security features of the App; or

Use the App in any manner that could damage, disable, overburden, or impair the App or servers or networks connected to the App.

3.3 App Store Terms

Your use of the App is also subject to the terms and conditions of the applicable app store through which you obtained the App (e.g., Google Play Store or Apple App Store). In the event of any conflict between this Agreement and those store terms, the more restrictive terms shall apply to the extent permissible.

3.4 Updates and Changes

Artisan Apps may, in its sole discretion and at any time, update, modify, enhance, restrict, suspend, discontinue, or otherwise alter any aspect of the App, any feature, function, scoring system, achievement or badge system, ranking or reputation system, point or reward system, or the Service as a whole, without notice and without liability to you. Artisan Apps may deploy automatic updates that modify or replace the version of the App you have installed.

4. User Accounts

To access certain features of the App, you may be required to create an account. When creating an account, you agree to:

Provide accurate, current, and complete information;

Maintain and promptly update your account information to keep it accurate, current, and complete;

Maintain the security and confidentiality of your login credentials;

Notify Artisan Apps immediately of any unauthorized use of your account; and

Accept responsibility for all activities that occur under your account.

You may not create an account using a false identity or the identity of another person, or maintain more than one active account at a time without express written permission from Artisan Apps. Artisan Apps reserves the right to refuse registration, cancel accounts, remove or reclaim usernames, or revoke access, in its sole discretion and at any time, with or without notice, for any reason or no reason. Artisan Apps may also modify, remove, reject, reserve, restrict, or reassign any username that is misleading, offensive, inappropriate, confusing, impersonating another person or entity, or otherwise inconsistent with platform policies, as determined in Artisan Apps’ sole discretion.

5. User Content

5.1 Definition

The App allows Users to submit, post, upload, share, store, and otherwise make available various types of content and information, including without limitation restroom ratings, cleanliness and quality scores, accessibility information, amenity details, graffiti ratings, reviews, comments, written descriptions, location data, and other information relating to restroom facilities (collectively, “User Content”). Royal Flush: Bathroom Reviews does not currently permit users to upload photographs, videos, or other image files. Users may not submit image files unless the App expressly enables that feature.

5.2 License Grant to Artisan Apps

By submitting, posting, or otherwise making available any User Content through the App, you hereby grant to Artisan Apps a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive, transferable, and sublicensable license to use, reproduce, copy, modify, adapt, translate, create derivative works from, distribute, transmit, publicly display, publicly perform, publish, broadcast, store, archive, analyze, aggregate, index, and otherwise exploit such User Content, in whole or in part, in any format or medium now known or hereafter developed, for any purpose whatsoever, including without limitation for:

Operating, providing, maintaining, and improving the App and the Service;

Developing and training algorithms, machine learning models, and artificial intelligence systems;

Analytics, data science, research, and quality assurance purposes;

Business operations and internal reporting;

Marketing, advertising, and promotional materials, including display of your User Content in promotional contexts;

Developing future products, services, features, or technologies; and

Any other commercial or non-commercial purpose at Artisan Apps’ sole discretion.

This license survives the termination of your account or this Agreement with respect to User Content you submitted prior to termination. You waive any and all moral rights you may have in User Content to the maximum extent permitted by applicable law.

5.3 Your Representations Regarding User Content

Royal Flush: Bathroom Reviews depends on good-faith participation to function as intended. By submitting content, you agree to provide honest and fair assessments based on your genuine, first-hand experiences and observations. The integrity of the platform depends on Users who submit accurate, truthful information and who do not attempt to manipulate, inflate, suppress, or otherwise distort ratings or data.

By submitting User Content, you represent and warrant that:

You own all rights in the User Content, or have obtained all necessary rights, licenses, consents, and permissions to grant the license set forth in Section 5.2;

The User Content does not infringe, misappropriate, or violate any third-party intellectual property right, right of publicity, right of privacy, or any other right;

The User Content is accurate, truthful, and based on your genuine, first-hand experience at the location you are reviewing or rating;

Any restroom rating, review, or evaluation you submit reflects your honest, fair, and accurate assessment of that facility as you actually experienced it, and is not submitted for any improper purpose;

All factual information you submit—including amenity data, accessibility information, location data, and other facility details—is accurate to the best of your knowledge and belief at the time of submission;

The User Content does not violate any applicable law, regulation, or court order; and

The User Content does not contain any viruses, malware, or other harmful or disruptive code.

5.4 Artisan Apps’ Rights Over User Content

Artisan Apps reserves the absolute and unconditional right, in its sole discretion, to review, monitor, screen, edit, modify, suppress, remove, refuse to display, refuse to publish, take down, or permanently delete any User Content, at any time and for any reason or no reason, without notice to you and without liability to you. Artisan Apps has no obligation to store, maintain, display, or return any User Content, and you should retain your own copies of any content you submit.

Artisan Apps alone determines, in its sole and absolute discretion, whether any User Content is profane, vulgar, obscene, offensive, inappropriate, disruptive, misleading, inaccurate, fraudulent, spam, or otherwise unacceptable for any reason. Artisan Apps’ determination on such matters is final and not subject to appeal.

5.5 No Compensation

You acknowledge and agree that you will not receive any compensation, payment, attribution, credit, or consideration of any kind for User Content you submit, or for the license granted under Section 5.2, except as Artisan Apps may expressly agree to in a separate written agreement signed by an authorized representative of Artisan Apps.

5.6 Feedback

If you submit any ideas, suggestions, recommendations, or feedback regarding the App or the Service (“Feedback”), Artisan Apps may use such Feedback for any purpose without obligation to you. You hereby assign to Artisan Apps all right, title, and interest in any such Feedback.

6. Accuracy of Crowdsourced Information

THE APP IS A CROWDSOURCED INFORMATION PLATFORM. ALL RESTROOM INFORMATION, RATINGS, REVIEWS, LOCATIONS, AMENITY DATA, ACCESSIBILITY INFORMATION, AND OTHER CONTENT DISPLAYED IN THE APP IS SUBMITTED BY USERS AND HAS NOT BEEN INDEPENDENTLY VERIFIED BY ARTISAN APPS.

You expressly acknowledge and agree that:

Restroom information displayed in the App may be inaccurate, incomplete, outdated, misleading, or entirely incorrect;

Artisan Apps makes no guarantee, representation, or warranty that any restroom is open, available, unlocked, accessible, safe, clean, operational, adequately stocked, suitable for your needs, or in the condition described;

Conditions at any restroom facility may change at any time and without notice;

The App is an informational service only and should not be relied upon in emergency situations, medical or health-related situations, urgent accessibility-related situations, or any other situation where accurate information is critically necessary; and

You should independently verify restroom availability and suitability before relying on information in the App, particularly in situations where access to restroom facilities is time-sensitive or medically necessary.

ARTISAN APPS EXPRESSLY DISCLAIMS ALL RESPONSIBILITY FOR ANY HARM, INJURY, DAMAGE, EMBARRASSMENT, LOSS, OR OTHER CONSEQUENCE ARISING FROM YOUR RELIANCE ON INFORMATION PROVIDED THROUGH THE APP.

To protect the integrity of the platform, Artisan Apps may collect location information, verify your proximity to a restroom facility before permitting submission of a rating or review, detect GPS spoofing or location falsification, identify patterns indicative of fraudulent or manipulated submissions, and take any technical, automated, or manual measures reasonably necessary to maintain the accuracy and trustworthiness of platform data. By using the App, you consent to Artisan Apps’ use of location verification and fraud-detection systems for these purposes.

A restroom facility’s appearance within the App does not imply that the facility is publicly accessible or available for use without restriction. Facilities listed in the App may require a purchase, a key, a code, membership, or may be restricted to customers, employees, residents, or other authorized individuals. Some listed facilities may be located on private property. It is your responsibility to determine whether you have the right to access and use any facility before doing so.

Certain restroom locations and related geographic information displayed in the App may originate from or be supplemented by third-party mapping and geographic data sources, including OpenStreetMap and other open-source or commercial providers. Artisan Apps does not guarantee the accuracy, completeness, currency, or availability of such third-party data and is not responsible for errors or omissions in information derived from those sources.

7. Prohibited Conduct

You agree that you will not, and will not permit any third party to, use the App to:

7.1 Content Violations

Submit, post, upload, or transmit any content that is profane, vulgar, obscene, sexually explicit, pornographic, or otherwise offensive, as determined by Artisan Apps in its sole discretion;

Submit any content that constitutes hate speech, harassment, bullying, intimidation, threats, or incitement of violence against any person or group;

Submit spam, unsolicited commercial messages, or repetitive or irrelevant content;

Submit false, misleading, deceptive, or defamatory information; or

Submit any content that violates any applicable law or regulation.

7.2 Platform Integrity Violations

Submit ratings, reviews, or evaluations for any restroom or other facility that you did not personally and genuinely visit;

Submit ratings or reviews based on factors other than your honest, first-hand experience at the rated facility;

Manipulate, inflate, deflate, or otherwise interfere with ratings, scores, rankings, or reputation systems on the platform;

Create, operate, or use multiple accounts for the purpose of influencing ratings, gaming the platform, circumventing suspensions or bans, or any other improper purpose;

Spoof, falsify, alter, or misrepresent location data, GPS coordinates, or geographic information in connection with any submission;

Coordinate with other Users or third parties to submit coordinated or inauthentic ratings or reviews; or

Use automated scripts, bots, crawlers, or other automated means to submit content, interact with the App, or manipulate platform metrics.

7.3 Technical Violations

Attempt to gain unauthorized access to any portion of the App, other Users’ accounts, or Artisan Apps’ systems or networks;

Probe, scan, or test the vulnerability of the App or any related system or network;

Introduce any virus, malware, ransomware, or other harmful or disruptive code;

Use the App in a manner that interferes with or disrupts the integrity or performance of the App; or

Scrape, harvest, or collect data from the App without Artisan Apps’ express written consent.

7.4 Other Prohibited Uses

Use the App for any illegal purpose or in violation of any applicable law;

Violate or encourage others to violate any right of any third party, including intellectual property rights and privacy rights;

Impersonate any person or entity or misrepresent your affiliation with any person or entity; or

Use the App for any purpose that Artisan Apps determines, in its sole discretion, to be contrary to the spirit or intent of the App or the Service.

Artisan Apps reserves the right—but not the obligation—to investigate and take appropriate action against any User who violates these provisions, including without limitation removing content, suspending or terminating accounts, and reporting conduct to law enforcement.

8. Gamification Features; Badges, Rankings, and Rewards

The App may include gamification features such as badges, titles, achievements, rankings, reputation scores, points, rewards, leaderboards, streaks, and similar elements (collectively, “Gamification Features”). With respect to all Gamification Features, you acknowledge and agree that:

All Gamification Features are provided for entertainment and engagement purposes only and have no monetary value, cash equivalent, or redeemable value of any kind;

Gamification Features do not constitute property of any kind and cannot be transferred, sold, gifted, inherited, or converted to cash or other consideration;

Artisan Apps may, at any time and in its sole discretion and without notice or liability, modify, adjust, reset, remove, add to, suspend, or permanently discontinue any or all Gamification Features, including any badges, rankings, reputation scores, or points you have accumulated;

Artisan Apps may recalculate, adjust, or correct any scores, rankings, reputation points, or other metrics at any time;

Artisan Apps makes no representation that any Gamification Feature will remain available or that any accumulated points, badges, or rankings will be maintained; and

You waive any and all claims arising from any change to, removal of, or decision regarding any Gamification Feature, including without limitation claims related to the loss of badges, changes to rankings, reduction of reputation points, or the discontinuation of any reward or achievement system.

9. Intellectual Property Rights

9.1 Artisan Apps’ Intellectual Property

The App and all content, features, functionality, design elements, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and code contained in or made available through the App (other than User Content) are owned by Artisan Apps or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Nothing in this Agreement transfers any ownership interest in Artisan Apps’ intellectual property to you. The Royal Flush: Bathroom Reviews name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Artisan Apps. You may not use such marks without Artisan Apps’ prior written permission.

9.2 Copyright Complaints

Artisan Apps respects intellectual property rights. If you believe that any content in the App infringes your copyright, please send a notice containing the information required by the Digital Millennium Copyright Act to the contact address provided at the end of this Agreement.

10. Privacy

Your use of the App is subject to Artisan Apps’ Privacy Policy, which is incorporated into this Agreement by reference. By using the App, you consent to the collection, use, and sharing of your information as described in the Privacy Policy. You understand that through your use of the App, you consent to the collection and use of this information, including the transfer of this information to the United States and/or other countries for storage, processing, and use by Artisan Apps and its affiliates and subsidiaries.

11. Third-Party Services and Links

The App may contain links to third-party websites, services, or resources, or may integrate with third-party services including map providers, location services, and analytics providers. Artisan Apps is not responsible for the availability, accuracy, content, products, or services of any third-party website or service. Links to third-party websites do not imply endorsement by Artisan Apps of those websites or the content, products, or services available from them. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites, services, or resources.

12. Suspension, Restriction, and Termination

12.1 Termination by Artisan Apps

Artisan Apps may, in its sole and absolute discretion and at any time, with or without notice, and for any reason or no reason, suspend, restrict, throttle, limit, or permanently terminate your access to the App or the Service, including without limitation:

Your account and account access;

Your device’s access to the App;

Your username or display name;

Any badges, rankings, achievements, titles, or reputation scores associated with your account;

Any access privileges, special status, or elevated permissions you may have; and

Your ability to submit content, post reviews, or otherwise interact with the App.

Such suspension or termination may occur without prior notice and without liability to you. Artisan Apps has no obligation to provide a reason for any such action and no obligation to restore access once terminated.

12.2 Effect of Termination

Upon termination of your access to the App for any reason: (a) the license granted to you under Section 3 will immediately terminate; (b) you must cease all use of the App and uninstall it from all devices; and (c) all provisions of this Agreement that by their nature should survive termination shall survive, including without limitation Sections 5.2, 5.5, 9, 12.2, 13, 14, 15, 16, 17, and 18.

12.3 Termination by You

You may terminate this Agreement at any time by deleting the App from your device and, if applicable, deleting your account through the App’s account settings. Termination by you does not affect the license granted to Artisan Apps over User Content you previously submitted, which remains perpetual and irrevocable.

12.4 Waiver of Claims

You expressly waive any and all claims, demands, or causes of action arising from or related to: (a) the removal, suppression, or modification of any User Content; (b) the removal, loss, or modification of any badges, rankings, achievements, reputation points, or Gamification Features; (c) the suspension, restriction, or termination of your account or access; (d) any change, restriction, or discontinuation of any feature, function, or service; or (e) any other action taken by Artisan Apps pursuant to the rights reserved under this Agreement.

13. Disclaimers

THE APP AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARTISAN APPS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION:

ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;

ANY WARRANTIES THAT THE APP WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;

ANY WARRANTIES THAT THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS;

ANY WARRANTIES REGARDING THE ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR QUALITY OF ANY CONTENT, INCLUDING USER CONTENT;

ANY WARRANTIES THAT ANY RESTROOM FACILITY LISTED IN THE APP IS OPEN, AVAILABLE, CLEAN, SAFE, ACCESSIBLE, OPERATIONAL, OR FIT FOR ANY PURPOSE; AND

ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ARTISAN APPS OR THROUGH THE APP WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU, BUT THEY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARTISAN APPS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR:

ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;

ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR ANTICIPATED SAVINGS;

ANY PERSONAL INJURY, PROPERTY DAMAGE, OR OTHER HARM ARISING FROM YOUR RELIANCE ON INFORMATION PROVIDED IN THE APP;

ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR OTHER USER OF THE APP;

ANY HARM ARISING FROM THE INABILITY TO ACCESS A RESTROOM FACILITY, INCLUDING IN MEDICAL, ACCESSIBILITY, OR EMERGENCY SITUATIONS;

ANY LOSS OR DAMAGE ARISING FROM THE REMOVAL OF USER CONTENT, BADGES, RANKINGS, REPUTATION SCORES, OR GAMIFICATION FEATURES; OR

ANY OTHER MATTER RELATING TO THE APP OR THE SERVICE,

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND EVEN IF ARTISAN APPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ALL CASES, ARTISAN APPS’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE APP SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO ARTISAN APPS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) TEN DOLLARS (USD $10.00).

THE LIMITATIONS IN THIS SECTION SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

15. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Artisan Apps and its officers, directors, shareholders, employees, agents, licensors, service providers, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to:

Your use of the App or the Service;

Any User Content you submit, post, or make available through the App;

Your violation of any provision of this Agreement;

Your violation of any applicable law, regulation, or court order;

Your violation of any third party’s rights, including without limitation intellectual property rights, privacy rights, and rights of publicity; or

Any false, inaccurate, or misleading information submitted by you through the App.

Artisan Apps reserves the right, at its own expense, to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with Artisan Apps’ defense of that claim. You may not settle any claim subject to this Section without Artisan Apps’ prior written consent.

16. Dispute Resolution and Arbitration

16.1 Informal Resolution

Before filing any formal legal claim, you agree to first contact Artisan Apps at the address provided below and attempt to resolve the dispute informally. Artisan Apps will attempt to resolve the dispute informally by contacting you via email within thirty (30) days. If a dispute is not resolved within thirty (30) days of submission, either party may proceed to formal dispute resolution.

16.2 Binding Arbitration

EXCEPT AS PROVIDED IN SECTION 16.4, YOU AND ARTISAN APPS AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, OR TO THE USE OF THE APP OR THE SERVICE (COLLECTIVELY, “DISPUTES”), WILL BE RESOLVED SOLELY BY BINDING INDIVIDUAL ARBITRATION, AND NOT IN A CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTION OR PROCEEDING. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, with the arbitration taking place in Salt Lake County, Utah. The Federal Arbitration Act governs the interpretation and enforcement of this Section.

16.3 Class Action Waiver

YOU AND ARTISAN APPS WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. If this waiver is found to be unenforceable, then the entirety of Section 16.2 shall be null and void.

16.4 Exceptions

Notwithstanding the foregoing, either party may seek: (a) temporary or preliminary injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm pending arbitration; or (b) relief in small claims court for disputes within that court’s jurisdiction.

17. Governing Law and Jurisdiction

This Agreement and any Dispute shall be governed by and construed in accordance with the laws of the State of Utah, without giving effect to any choice of law or conflict of law rules that would require the application of the laws of any other jurisdiction.

For any Dispute not subject to arbitration under Section 16, or to enforce an arbitration award, each party consents to exclusive personal jurisdiction and venue in the state and federal courts located in Salt Lake County, Utah, and each party waives any objection to such jurisdiction and venue based on inconvenience or any other ground.

18. Changes to This Agreement

Artisan Apps reserves the right to modify this Agreement at any time in its sole discretion. If Artisan Apps makes material changes, it will provide notice through the App, via email, or by updating the “Effective Date” at the top of this Agreement. Your continued use of the App after the effective date of any modification constitutes your acceptance of the modified Agreement.

If you do not agree to any modification of this Agreement, your sole remedy is to discontinue your use of the App and, if applicable, delete your account.

19. General Provisions

19.1 Entire Agreement

This Agreement, together with the Privacy Policy and any other Policies incorporated herein by reference, constitutes the entire agreement between you and Artisan Apps concerning the App and the Service and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings regarding the same.

19.2 Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or, if modification is not possible, shall be severed from this Agreement. The invalidity or unenforceability of any provision shall not affect the validity and enforceability of the remaining provisions.

19.3 Waiver

No waiver of any provision of this Agreement shall be effective unless in writing and signed by an authorized representative of Artisan Apps. No waiver by Artisan Apps of any breach shall constitute a waiver of any subsequent breach of the same or any other provision.

19.4 Assignment

You may not assign or transfer any of your rights or obligations under this Agreement without Artisan Apps’ prior written consent. Artisan Apps may freely assign or transfer this Agreement, in whole or in part, without restriction. Any purported assignment in violation of this Section is void.

19.5 No Third-Party Beneficiaries

This Agreement does not, and is not intended to, confer any rights or remedies upon any person or entity other than you and Artisan Apps.

19.6 Force Majeure

Artisan Apps shall not be liable for any delay or failure to perform its obligations under this Agreement due to causes beyond its reasonable control, including without limitation acts of God, natural disasters, pandemics, government actions, civil unrest, cyberattacks, or telecommunications failures.

19.7 Export Compliance

You agree to comply with all applicable export control laws and regulations in connection with your use of the App.

19.8 Headings

Section headings in this Agreement are for convenience only and have no legal or contractual effect.

Contact Information

If you have any questions, concerns, or notices regarding this Agreement, please contact Artisan Apps at:

Artisan Apps

Attn: Legal Department

Salt Lake City, Utah

Email: support@rateyourbathroom.net