https://welcome-to-muse.web.app/assets/LegalPage-CadJTLKt.js

1import{r as s,L as a,j as e,a as n,b as c}from"./index-ChFoGBd5.js";const l=`BIOMETRIC DATA RETENTION AND DESTRUCTION POLICY
21.  Purpose and Scope.
3Muse AI, Inc. (“Muse”) provides virtual try-on, fitting, and frame-recommendation features for eyewear (the “Try-On Features”), including on behalf of eyewear retailers. This policy describes how long Muse retains, and how Muse permanently destroys, biometric identifiers and biometric information (collectively, “Biometric Data”) as those terms are defined under the Illinois Biometric Information Privacy Act, 740 ILCS 14/1 et seq. (“BIPA”), the Texas Capture or Use of Biometric Identifier Act, Tex. Bus. & Com. Code § 503.001 (“CUBI”), Washington’s biometric privacy statute, RCW 19.375, and similar laws. This policy is publicly available and applies to all Biometric Data in Muse’s possession, wherever collected.
42.  What Muse Collects and Why.
5When you use the Try-On Features with your consent, Muse captures images of your face via your device’s camera (or a photograph you upload) and derives facial measurements from those images, such as face shape, facial landmarks, and pupillary distance. Some of this data may constitute a scan of face geometry. Muse collects and uses Biometric Data solely to (i) show you how eyewear looks on your face, (ii) size and fit frames to your facial measurements, (iii) recommend frames based on fit, and (iv) derive coarse, non-identifying attributes as described in Muse’s Privacy Policy. Muse does not use Biometric Data to identify you, does not use it to train artificial-intelligence models, does not sell it, and does not use it for any commercial purpose beyond providing the Try-On Features you requested.
63.  Retention Schedule.
7•Facial images and derived facial measurements: retained only for the duration of your active try-on session and permanently destroyed no later than fifteen (15) minutes after your session ends, unless you request earlier deletion. Facial images are never stored persistently and are never compiled into an image database.
8•Service-provider transient logs: a service provider that processes images on Muse’s behalf to render the try-on experience is configured for zero data retention, except that it may retain transient operational logs for up to thirty (30) days solely for fraud detection, abuse prevention, or legal compliance. Such logs are never used for model training or any other purpose.
9•Statutory outer limits: in all events, Biometric Data is destroyed no later than the earliest deadline imposed by applicable law, including within one (1) year after the purpose for collection ends (CUBI) and upon the earlier of the fulfillment of the purpose of collection or three (3) years after your last interaction with Muse (BIPA). Muse’s operational practice (destruction within 15 minutes of session end) is substantially shorter than these outer limits.
10•Consent records: records of your consent (the user or session identifier, timestamp, and the exact consent text presented) are not Biometric Data and are retained for as long as necessary to demonstrate compliance with applicable law.
11•Legal holds: if destruction of specific Biometric Data is temporarily suspended by a valid warrant, subpoena, or litigation-hold obligation, Muse destroys that data promptly once the obligation lapses.
124.  Destruction Procedures.
13Upon expiration of the applicable retention period, Muse permanently destroys Biometric Data using secure deletion methods designed to render it unreadable and unrecoverable, including deleti

13on of primary copies from production systems, cryptographic erasure or secure overwriting where applicable, and expiration of any residual copies from short-lived caches and backups in the ordinary course. After destruction, Biometric Data is no longer retrievable or readable by Muse’s systems or personnel. Muse applies technical controls that bind Biometric Data to the try-on session that produced it, so that it cannot be repurposed for any subsequent use.
145.  Storage and Security.
15While retained, Biometric Data is stored and transmitted using the reasonable standard of care within Muse’s industry, and in a manner that is the same as or more protective than the manner in which Muse stores, transmits, and protects other confidential and sensitive information, including encryption in transit and at rest, role-based access controls, and logical isolation of each retail partner’s data.
166.  No Sale; Limited Disclosure.
17Muse does not sell, lease, trade, or otherwise profit from Biometric Data. Muse discloses Biometric Data only to service providers that host the platform or process images on Muse’s behalf to deliver the Try-On Features (each contractually bound to protect it and not to retain or repurpose it), as required by applicable law, or pursuant to a valid warrant or subpoena.
187.  Withdrawing Consent; Questions.
19You may decline to use the Try-On Features at any time; the rest of the experience remains available without face capture. To withdraw consent, request early deletion, or ask questions about this policy, contact Muse at [email protected] with the subject line “Biometric Data.” Upon a withdrawal or deletion request, Muse will cease further processing and destroy your Biometric Data in accordance with Section 4 (in most cases this will already have occurred automatically within 15 minutes of your session ending). Because Muse retains no information that can identify you after your session ends, Muse may be unable to locate data associated with any particular person, and Muse will not attempt to re-identify de-identified data in order to respond to a request.
208.  Changes to This Policy.
21Muse may update this policy from time to time. The current version will always be posted publicly, and material changes to retention periods or purposes will be reflected in the consent notice presented before capture. This policy was last modified on August 12, 2026.`,h=`PRIVACY POLICY
22Muse AI, Inc. (“Muse”) respects the privacy of others. This Privacy Policy explains Muse’s privacy practices for the Muse website located at www.hellomuse.io (together with its pages and features, “Site”) and any related mobile software application (together with its pages and features, “App” and, together with the Site, the “Platform”) by providing you and any person helping you visit, access, register with or use the Platform (collectively, “you” or “your”) with an overview of the following:
23•The type of information about you that Muse collects through the Platform;
24•How that information is collected;
25•How that information is used;
26•Who will have access to that information; and
27•Muse’s security measures for protecting that information.
28THIS PRIVACY POLICY APPLIES TO INFORMATION COLLECTED THROUGH THE PLATFORM. PLEASE CAREFULLY READ THIS PRIVACY POLICY IN ITS ENTIRETY.
29WHEN YOU CREATE, REGISTER OR LOG INTO AN ACCOUNT THROUGH THE PLATFORM, YOU ARE AUTOMATICALLY ACCEPTING AND AGREEING TO THE MOST RECENT VERSION OF THIS PRIVACY POLICY, AS WELL AS THE PLATFORM’S TERMS AND CONDITIONS.
30SIMILARLY, BY VISITING, ACCESSING OR USING THE PLATFORM, YOU ARE AUTOMATICALLY ACCEPTING AND AGREEING TO THE MOST RECENT VERSION OF THIS PRIVACY POLICY, AS WELL AS THE PLATFORM’S TERMS AND CONDITIONS, AND YOUR CONTINUING VISIT, ACCESS, OR USE OF THE PLATFORM REAFFIRMS YOUR ACCEPTANCE AND AGREEMENT IN EACH INSTANCE. NOTWITHSTANDING THE FOREGOING, MUSE COLLECTS BIOMETRIC DATA (AS DEFINED IN SECTION 5) ONLY AFTER YOU HAVE BEEN INFORMED OF THE COLLECTION AND HAVE PROVIDED SEPARATE, AFFIRMATIVE CONSENT AT THE POINT OF CAPTURE, AS DESCRIBED IN SECTION 5.
31As used herein, the term “personal information” means information that would allow someone to specifically identify you or contact you physically or online (e.g., your name, physical address, telephone number, email address, social security number); and the term “non-personal information” means any information other than personal information that Muse may collect from you, including anonymized or de-identified data.
321.  CATEGORIES OF INFORMATION COLLECTED.

33Muse may collect personal and non-personal information about you through the Platform and/or any electronic medical record platforms lawfully accessed and used by Muse. The following is a list of the various categories of such information that may be collected about you:
34a.  Categories of Information Collected Through the Platform. The categories of personal and non-personal information collected from you through the Platform might include your:
35i.Name (first, last and/or middle) and unique identifiers (e.g., username);
36ii.Login information for the Platform (e.g., username, password, security questions and answers);
37iii.Home contact information (e.g., mailing address, email address, telephone number, fax number);
38iv.Gender;
39v.Date of birth;
40vi.Electronic signature;
41vii.Photographic or video images, including face images that you provide to Muse or that are captured through the Platform’s virtual try-on features, and the facial measurements derived from them (see Section 5 (Biometric Information We Collect));
42viii.Certain medical information, including the results of any questionnaires, surveys, information requests, interviews, or other documentary, text, video, or audio interactions related to the provision of health services;
43ix.Information concerning your health insurance eligibility, coverage, billing, pre-authorizations, and related information;
44x.Billing, payment or shipping information (e.g., payor or payee name, checking account number, credit card number, expiration date, verification code, accountholder name, cardholder name, billing address, mailing address, tax ID number, billing history);
45xi.Business contact information (e.g., company, title, mailing address, email address, telephone number, facsimile number, tax ID number);
46xii.Computer, mobile device, and/or browser information (e.g., IP address, mobile device ID information, operating system, connection speed, bandwidth, browser type, referring/existing web pages, web page requests, cookie information, hardware attributes, software attributes);
47xiii.Third-party website, network, platform, server and/or application information;
48xiv.Usage activity concerning your interactions with the Platform and/or third-party websites, networks, platforms, servers or applications accessed through the Platform (e.g., number of clicks on a page or feature, amount of time spent on a page or feature, identity of third-party websites, networks, platforms, servers and applications being accessed through the Platform);
49xv.Usage activity concerning products and services provided to or accessed by you on or through the Platform (e.g., viewing habits, viewing preferences, viewing history, title selections, favorites, streams, downloads, demographics and closed captioning selections);
50xvi.Transactional information (e.g., offers, orders, pricing, payments, purchaser, seller, item information, shipping terms, comments, ratings, feedback and instant messages and/or other communications made within or through the Platform);
51xvii.Information about third parties that you refer or provide to Muse (e.g., name, email and/or other contact information, relationship);
52xviii.Information set forth in the Platform’s online account registration, subscriber profile, and/or subscriber directory forms completed by you; and/or
53xix.Statements or content (e.g., comments, videos, photographs, images), and information about such statements or content, which you submit or publish on or through the Platform, or which are accessed via your public or linked social media pages (e.g., Facebook, Twitter, Instagram).
54b.  Categories of Other Information Collected From Your Mobile Device. If you use your mobile device to visit, access or use the Platform, then additional categories of personal and non-personal information collected from you through the Platform might include:
55i.Your name associated with your mobile device;
56ii.Your telephone number associated with your mobile device;
57iii.Your geolocation;
58iv.Your mobile device ID information;
59v.With your express consent, your contacts and/or contact information (e.g., names, telephone numbers, physical addresses, email addresses, photos) stored on your mobile device; and/or
60vi.With your express consent, information about third-party software applications on your mobile device (including, without limitation, general softw

60are apps, downloadable software apps, social media apps).
612.  HOW INFORMATION IS COLLECTED.
62Muse might collect personal and non-personal information from you when you visit, access or use the Platform; when you register with or subscribe to the Platform; when you register for or subscribe to the products and/or services of Muse online through the Platform; when you “sign in,” “log in,” or the like to the Platform; when you allow the Platform to access, upload, download, import or export content found on or through, or to otherwise interact with, your computer or mobile device (or any other device you may use to visit, access or use the Platform) or online accounts with third-party websites, networks, platforms, servers or applications (e.g., your online social media accounts, your cloud drives and servers, your mobile device service provider); or whenever Muse asks you for such information, such as, for example, when you allow Muse to use the camera on your device to capture images of your face for the Platform’s virtual try-on features (which is subject to the separate consent and protections described in Section 5) or otherwise to obtain a photograph of you, when you provide information or answer questions on the Platform, or when you process a payment through the Platform.
63In addition, if you or a third party sends Muse a comment, message or other communication (such as, by way of example only, email, letter, fax, phone call, or voice message) about you or your activities on or through the Platform, then Muse may collect any personal or non-personal information provided therein or therewith.
64Finally, Muse might use various tracking, data aggregation and/or data analysis technologies, including, for example, the following:
65•Cookies, which are small data files (e.g., text files) stored on the browser or device you use to view a website or message. They may help store user preferences and activity, and may allow a website to recognize a particular browser or device. There are several types of cookies, including, for example, browser cookies, session cookies, and persistent cookies. Cookies may record information you access on one page of a website to simplify subsequent interaction with that website, or to help streamline your transactions on related pages of that website. Most major browsers are set up so that they will initially accept cookies, but you might be able to adjust your browser’s or device’s preferences to issue you an alert when a cookie is downloaded, or to block, reject, disable, delete or manage the use of some or all cookies on your browser or device.
66•Flash cookies, which are cookies written using Adobe Flash, and which may be permanently stored on your device. Like regular cookies, Flash cookies may help store user preferences and activity, and may allow a website to recognize a particular browser or device. Flash cookies are not managed by the same browser settings that are used for regular cookies.
67•Web beacons, which are pieces of code embedded in a website or email to monitor your activity on the website or your opening of the email, and which can pass along information such as the IP address of the computer or device you use to view the website or open the email, the URL page on which the web beacon is located, the type of browser that was used to access the website, and previously set cookie values. Web beacons are sometimes used to collect advertising data, such as counting page views, promotion views or advertising responses. Disabling your computer’s, device’s or browser’s cookies may prevent some web beacons from tracking or recording certain information about your activities.
68•Scripts, which are pieces of code embedded in a website to define how the website behaves in response to certain key or click requests sent by the user. Scripts are sometimes used to collect information about the user’s interactions with the website, such as the links the user clicks on. Scripts are often times temporarily downloaded to the user’s computer or device from the website server, active only while the user is connected to the Platform, and deactivated or deleted when the user disconnects from the website.
69•Analytic tools and services, which are sometimes offered by third parties, and which track, measure and/or generate information about a website’s or program’s traffic, sales, audience and similar information, and which may be used for various reasons, such as, for example, statistical research, marketing research, content ratings research, and conversion tracking. Examples of the analytic tools and services which Muse might use include Google Analytics and Taplytics. Muse may also use other third-party analytic tools and services.
70Please be advised that if you choose to block, reject, disable, delete or change the management settings for any or all of the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies, then certain areas of the Platform might not function properly.
71By visiting, accessing or using the Platform, you acknowledge and agree in each instance that you are giving Muse permission to monitor or otherwise track your activities on the Platform, and that Muse may use the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies.
72Sensitive Personal Information
73Other than the Biometric Data that Muse collects with your affirmative consent through the Platform’s virtual try-on features (see Section 5), and unless we request it, we ask that you not send us, and you not disclose, any sensitive personal information (e.g., information related to race or ethnic origin, political opinions, religion or other beliefs, other biometric data, criminal background or union affiliation) on or through the Platform or otherwise to us.
743.  USE OF INFORMATION COLLECTED.
75Muse may use the personal and/or non-personal information it collects from you through the Platform in a variety of ways, such as, for example, to: (For clarity, this Section 3 does not apply to Biometric Data, which Muse collects, uses, retains, and disclose

75s solely as described in Section 5.)
76•Fulfill your requests;
77•Process your payments;
78•Facilitate your movement through the Platform;
79•Facilitate your use of the Platform and/or its products and/or services;
80•Send you communications like, for example, administrative emails, answers to your questions and updates about the Platform;
81•Provide you with information about Muse, and/or its businesses, products and services by letter, email, text, telephone or other forms of communication;
82•Provide you with information about third-party businesses, products and services by letter, email, text, telephone or other forms of communication;
83•Transmit or communicate your information with third-party businesses in order to facilitate the provision of the content, features, and/or services to you through the Platform;
84•Improve the Platform and/or its content, features and/or services;
85•Improve the products, services, marketing and/or promotional efforts of Muse;
86•Create new products, services, marketing and/or promotions for Muse;
87•Market the businesses, products and/or services of Muse;
88•Help personalize user experiences with the Platform and/or its products and/or services;
89•Analyze traffic to and through the Platform;
90•Analyze user behavior and activity on or through the Platform;
91•Conduct research and measurement activities for purposes of product and service research and development, advertising claim substantiation, market research, and other activities related to Muse, the Platform, and/its products and/or services;
92•Monitor the activities of you and others on or through the Platform;
93•Protect or enforce Muse’s rights and properties; and/or
94•Protect or enforce the rights and properties of others (which may include you).
95Muse also reserves the right to use your personal and non-personal information when:
96•Required by applicable law, court order or other governmental authority (including, without limitation and by way of example only, in response to a subpoena or other legal process); or
97•Muse believes in good faith that such use is otherwise necessary or advisable (including, without limitation and by way of example only, to investigate, prevent, or take legal action against someone who may be causing injury to, interfering with, or threatening the rights, obligations or properties of Muse, a user of the Platform (which may include you), or anyone else who may be harmed by such activities or to further Muse’s legitimate business interests).
984.  DISCLAIMER OF DIRECT HIPAA APPLICABILITY.
99Muse is not a “covered entity” as defined in the federal medical record privacy statute known as the Health Insurance Portability and Accountability Act of 1996, as amended, and the regulations issued under that law (“HIPAA”). Thus, Muse has no direct HIPAA obligations to you.
100Certain of Muse’s clients are “covered entities” under HIPAA, and with respect to those clients, Muse will be considered a “business associate” under HIPAA; however, with respect to other clients who are not subject to HIPAA, Muse will not be a “business associate.” Therefore, even though your personal information contains medical information that is the type of information commonly protected under HIPAA, it may not be subject to any of the protections available to you under HIPAA. Where Muse is a “business associate” under HIPAA, Muse will provide the level of data privacy and security with respect to your medical information consistent with what is required of business associates under HIPAA, and consistent with any “business associate agreement” Muse enters into with its HIPAA-covered-entity clients. In any case, HIPAA is not directly applicable to our relationship with you.
1015.  BIOMETRIC INFORMATION WE COLLECT.
102Biometric Data We Collect. When you use the Platform’s virtual try-on, fitting, or frame-recommendation features, Muse uses your device’s camera (or a photograph you upload) to capture images of your face and to derive facial measurements from those images, such as face shape, facial landmarks, and pupillary distance. Some of this data may constitute a “biometric identifier” (a scan of face geometry) or “biometric information” as defined under the Illinois Biometric Information Privacy Act, 740 ILCS 14/1 et seq. (“BIPA”), the Texas Capture or Use of Biometric Identifier Act, Tex. Bus. & Com. Code § 503.001 (“CUBI”), and similar laws (collectively, “Biometric Data”).
103Purpose Limitation. Muse collects and uses Biometric Data for the sole purposes of (i) showing you how eyewear looks on your face, (ii) sizing and fitting frames to your facial measurements, (iii) recommending frames based on fit, and (iv) deriving the non-identifying attributes described below under “Derived, Non-Identifying Attributes.” Muse does not use Biometric Data to i

103dentify you, to authenticate you, for identity verification, facial recognition, surveillance, or marketing or advertising; does not use your images or Biometric Data to train Muse’s or any third party’s AI models; and does not combine Biometric Data with other information to identify you.
104Consent. Muse collects Biometric Data only after you have been informed of this collection and have provided your affirmative consent — such as by clicking “Accept” on the notice presented before the camera or photo-upload feature activates. Muse maintains a record of each consent, including a session identifier, the date and time, and the exact consent text presented. For most users, no name or email address is required to provide consent. If you indicate that you are a resident of Illinois, Washington, or Texas, Muse will ask for your name and email address solely to document your consent as a written release and to administer any later withdrawal or deletion request; that information is stored separately from your try-on data and any derived attributes, is never combined with them, and is never used for marketing. If you do not consent, the try-on feature will not capture Biometric Data, and other portions of the Platform remain available to you. You may withdraw your consent at any time as described below under “Questions, Requests, and Withdrawal of Consent.”
105No Sale; Limited Disclosure. Muse will not sell, lease, trade, or otherwise profit from your Biometric Data. Muse will not disclose Biometric Data to anyone except: (a) service providers that host the Platform or process images on Muse’s behalf to deliver the try-on experience (such as our cloud infrastructure provider and our AI image-processing provider, which is configured for zero data retention), each contractually bound to use it solely to provide those services, to protect it, and not to retain or repurpose it beyond service delivery; (b) as required by applicable federal, state, or local law; or (c) as required pursuant to a valid warrant or subpoena issued by a court of competent jurisdiction. Where Muse provides the try-on experience on behalf of your eyewear retailer, Muse processes Biometric Data as the retailer’s service provider under the retailer’s instructions.
106Retention and Destruction. Muse retains Biometric Data only for the duration of your active try-on session and permanently destroys it, using secure deletion methods designed to render it unreadable and unrecoverable, within fifteen (15) minutes after your session ends, unless earlier deletion is requested or a shorter period is required by law. Facial images are not persistently stored, are not compiled into any image database, and upon destruction are no longer retrievable or readable by Muse’s systems. Muse applies technical controls that bind Biometric Data to the try-on session that produced it, so that it cannot be repurposed for any subsequent use or for any commercial purpose beyond the try-on experience you requested. A service provider that processes images on Muse’s behalf may retain transient operational logs for up to thirty (30) days solely for fraud detection, abuse prevention, or legal compliance; such logs are never used for model training. In all events, Biometric Data is destroyed within the earlier of the deadlines imposed by applicable law (including within one year after the purpose for collection ends under CUBI, and the earlier of purpose-fulfillment or three years after your last interaction under BIPA). Muse’s complete retention schedule and destruction procedures are set forth in its Biometric Data Retention and Destruction Policy, publicly available at [hellomuse.io/biometric-policy] and incorporated herein by reference.
107Derived, Non-Identifying Attributes. With the consent you provide before capture, Muse may derive and retain attributes that cannot reasonably be used to identify you — such as an approximate age range, hair characteristics, eye and facial coloring, a general face-shape category, and frame-style preferences, together with the approximate city- or metro-level location of your session — for aggregate analytics and to improve the Platform’s fit and style recommendations. These attributes are coarse categories shared by many people; they are not Biometric Data, are not facial images, facial measurements, or scans of face geometry, and are not linked to your name, contact information, account, device, or any persistent identifier. These attributes are used solely for style recommendations and aggregate merchandising trends, and are never used to make any decision with legal or similarly significant effects about you. Muse commits that it will not attempt to re-identify de-identified data, uses reasonable measures to prevent re-identification (including aggregation thresholds and coarse time periods), and contractually requires the same of any recipient of de-identified data.
108Security. Muse stores, transmits, and protects Biometric Data from disclosure using the reasonable standard of care within our industry, and in a manner that is the same as or more protective than the manner in which Muse stores, transmits, and protects other confidential and sensitive information, including encryption in transit and at rest and logical isolation of each retail partner’s data.
109Questions, Requests, and Withdrawal of Consent. To ask about Biometric Data, request early deletion, or withdraw your consent, contact [email protected] with the subject line “Biometric Data.” Upon withdrawal, Muse will cease further collection and destroy your Biometric Data in accordance with the schedule above (in most cases destruction will already have occurred automatically within fifteen (15) minutes of your session ending). Because Muse retains no information that can identify you after your session ends, Muse may be unable to locate data associated with any particular person, and Muse will not attempt to re-identify de-identified data in order to respond to a request.
1106.  SHARING OF INFORMATION COLLECTED.
111Muse reserves the right to share your personal information with Muse’s employees, agents, administrators, accountants, financial advisors and legal advisors;

111 with Muse’s employed or contracted optometrists and other providers, along with non-Muse providers who might also provide you with health or healthcare-related services; with eyewear providers or other vendors that may fill your product orders; and with those third parties who help manage, administer, distribute and/or operate the Platform, and/or their respective products, services and/or features (e.g., web hosting companies, website administrators, mobile app distribution platforms, support services companies, credit card or other payment processing companies), as needed in order for them to perform such services. Notwithstanding anything in this Section 6, Muse does not sell Biometric Data and discloses it only as described in Section 5.
112In certain cases, Muse may be required to disclose personal information to investigate, prevent, or take action concerning: (a) legal requests; (b) the enforcement of the Terms and Conditions of the Platform; (c) the protection of our rights, property, or personal safety or the rights, property, or personal safety of our users and the public; (d) our exercise of legal rights; and (e) any other disclosure required by law.
113Muse does not limit the ways in which it may use or share non-personal information because non-personal information does not identify you. For example, Muse may freely share non-personal information with its affiliates, suppliers and representatives, as well as with other individuals, businesses, and government entities.
114You may choose to share certain information and/or follow other users on the Platform. You may choose to share your contact information with other users or provide it publicly.
1157.  DATA RETENTION.
116Muse may retain your personal information and non-personal information for as long as it believes necessary; as long as necessary to comply with its legal obligations, resolve disputes and/or enforce its agreements; and/or as long as needed to provide you with the products and/or services of the Platform and/or Muse. Muse may dispose of or delete any such personal information or non-personal information at any time, except as set forth in any other agreement or document executed by Muse or as required by law. Notwithstanding the foregoing and for the avoidance of doubt, Muse may not retain your personal information and non-personal information to any extent longer than permitted by applicable law (including, without limitation, any requirements to destroy personal information and/or non-personal information after a reasonable period following the time that any such information is no longer needed for a business purpose under the SHIELD Act or any other applicable federal or state law). Notwithstanding anything in this Section 7, Biometric Data is retained and destroyed exclusively in accordance with the schedule set forth in Section 5.
1178.  TRANSACTIONS.
118In connection with any transaction that you conduct through the Platform (e.g., the payment of any subscription fees, the purchase or sale of any products on or through the Platform), you may be asked to supply certain information relevant to the transaction, including, without limitation, your credit card number and expiration date, your billing address, your shipping address, your phone number and/or your email address. By submitting such information, you grant Muse, without charge, the irrevocable, unencumbered, universe-wide and perpetual right to provide such information to third parties (e.g., payment processing companies, buyers and sellers on the Platform) for the purpose of facilitating the transaction.
119All credit card, debit card and other monetary transactions on or through the Platform occur through an online payment processing application(s) accessible through the Platform. This online payment processing application(s) is provided by Muse’s third-party online payment processing vendor (the “PSP”). Additional information about the PSP, its privacy policy, and its information security measures (collectively, the “PSP Policies”) should be available on the PSP website or by contacting the PSP directly. Reference is made to the PSP Policies for informational purposes only and they are in no way incorporated into or made a part of this Privacy Policy. Muse’s relationship with the PSP, if any, is merely contractual in nature, as PSP is nothing more than a third-party vendor to Muse, and is in no way subject to Muse’s direction or control;

119 thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers or the like.
1209.  THIRD PARTY APPLICATIONS AND NETWORKS.
121The Platform and/or any communications sent through or as a function of the Platform may contain links to third-party websites, networks, platforms, servers and/or applications. TO THE FULLEST EXTENT PERMITTED BY LAW, MUSE IS NOT RESPONSIBLE FOR, AND YOU HEREBY RELEASE MUSE FROM ANY AND ALL LIABILITY WHICH MAY ARISE FROM, SUCH THIRD PARTY WEBSITES, NETWORKS, PLATFORMS, SERVERS AND APPLICATIONS (INCLUDING, WITHOUT LIMITATION, THE PRIVACY POLICIES AND PRACTICES OF SUCH THIRD-PARTY WEBSITES, NETWORKS, PLATFORMS, SERVERS, AND APPLICATIONS).
122You may have the opportunity to access the Platform using your online user accounts with certain third-party websites, networks, platforms, servers or applications, which may be subject to separate privacy policies pertaining to those third-party websites, networks, platforms, servers or applications. Muse may also collect information from those third-party websites, networks, platforms, servers or applications (such as, for example, your name, gender, date of birth and personal interests, when you “like” or click links provided by or through those third-party websites, networks, platforms, servers, or applications and other information available through your online account or page with those third-party websites, networks, platforms, servers or applications). IT IS YOUR RESPONSIBILITY TO CAREFULLY READ, ACCEPT AND COMPLY WITH THE RELEVANT TERMS OF USE, WAIVERS, AND PRIVACY POLICIES ASSOCIATED WITH THOSE THIRD-PARTY WEBSITES, NETWORKS, PLATFORMS, SERVERS AND APPLICATIONS.
12310.  SECURITY.
124Muse implements security measures to help protect the personal information it collects through the Platform. To the extent applicable, Muse may also encrypt the transmission of information through the Platform by using secure socket layer (SSL) technology.
125REGARDLESS OF THE FOREGOING, PLEASE OBSERVE THAT “PERFECT” OR “100%” SECURITY DOES NOT EXIST ON THE INTERNET. THEREFORE, YOUR ACCESS AND USE OF THE PLATFORM, AND YOUR OPENING OF ANY COMMUNICATIONS SENT THROUGH OR AS A FUNCTION OF THE PLATFORM, ARE DONE AT YOUR OWN RISK.
126To help maintain the security of your personal information, Muse asks that you please notify it immediately of any unauthorized visit, access or use of the Platform, or the loss or unauthorized use of your user access information for the Platform (e.g., username or password).
12711.  RETENTION, REVIEW, AND CHANGE OF INFORMATION COLLECTED.
128You may request at any time that Muse provide you with an opportunity to review and change your personal information collected through the Platform or to no longer use your personal information to provide you with any products or services, including email or other written marketing by Muse. Please submit any such request (a “Request Concerning Personal Information”) to Muse via email to [email protected], with a subject line of “Your Personal Information.” For each Request Concerning Personal Information, please clearly state the following:
129•The nature of your request;
130•That the request is related to “Your Personal Information;”
131•Your name, street address, city, state, zip code and email address; and
132•Whether you prefer to receive a response to your request by mail or email.
133Muse will not accept a Request Concerning Personal Information via telephone or facsimile. Muse is not responsible for any Request Concerning Personal Information that is incomplete, incorrectly labeled, or incorrectly sent.
134Notwithstanding the above, please note that we may still need to retain personal information necessary to provide you with products or services that you have purchased. If we decline to act on your request under this section, you may appeal that decision by sending an email explaining the basis for your disagreement with that decision to [email protected] with a subject line of “Appeal of Denial of Privacy Request.”
135You are solely responsible for the accuracy and content of your personal information, and for keeping your personal information current and correct.
13612.  YOUR STATE PRIVACY RIGHTS.
137Depending on the state in which you reside, applicable law may provide you with rights regarding your personal information, which may include: the right to confirm whether we are processing your personal information and to access it; the right to correct inaccuracies; the right to delete personal information we collected from or about you; the right to obtain a copy of your personal information in a portable format; the right to opt out of targeted advertising, the “sale” of personal information (as defined by applicable law), or profiling in furtherance of decisions that produce legal or similarly significant effects; and, where consent is required to process sensitive personal information (including Biometric Data), the right to withdraw that consent. To exercise any right that applies to you, please email [email protected] with the subject line “Your Privacy Rights,” stating your state of residence and the right(s) you wish to exercise. We will honor rights requests as required by the law applicable to you, will verify your identity before acting, and will not discriminate against you for exercising your rights. If we decline your request, you may appeal by replying with the subject line “Appeal of Denial of Privacy Request.”
138California Residents. If you are a resident of the State of California and Muse has an established business relationship with you, then, pursuant to Section 1798.83 of the California Civil Code, you have the right to request the following at any time: (a) information from Muse, free of charge, regarding the manner in which Muse shares certain personal information collected through the Platform with third parties who use such information for direct marketing purposes; and (b) the discontinuation (or opt-out) of Muse’s sharing of such information with such third parties. Please submit any such request (a “California Privacy Rights Request”) to Muse via email to [email protected] with a subject line of “Your California Privacy Rights”. Please clearly state the following in your email:
139•The nature of your request;
140•That the request is related to “Your California Privacy Rights;”
141•Your name, street address, city, state, zip code and email address; and
142•Whether you prefer to receive a response to your request by mail or email.
143Muse will not accept a California Privacy Rights Request via telephone or fax. Muse is not responsible for a California Privacy Rights Request that is incomplete, incorrectly labeled or incorrectly sent.
144You are solely responsible for the accuracy and content of your personal information, and for keeping your personal information current and correct.
145Further, Muse does not respond to “do not track” (DNT) signals.
146Finally, as explained further above, Muse does not authorize third parties to collect your personal information when you use the Platform, except as expressly stated in this Privacy Policy. TO THE FULLEST EXTENT PERMITTED BY LAW, MUSE IS NOT RESPONSIBLE FOR, AND YOU HEREBY RELEASE MUSE FROM ANY AND ALL LIABILITY WHICH MAY ARISE FROM, SUCH THIRD PARTIES’ UNAUTHORIZED COLLECTION OF YOUR PERSONAL INFORMATION.
14713.  IMPORTANT NOTICE TO NON-US RESIDENTS.
148Muse and the Platform are operated in the United States. Please be aware that your personal information may be transferred to, processed, maintained and used on computers, servers and systems located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your country of origin. If you are located outside of the United States and choose to use the Platform, you do so at your own risk.
14914.  MODIFICATIONS OF THIS PRIVACY POLICY.
150MUSE MAY SUPPLEMENT, AMEND, OR OTHERWISE MODIFY THIS PRIVACY POLICY AT ANY TIME WITHOUT NOTICE TO YOU WHERE ALLOWED BY LAW. SUCH SUPPLEMENTS, AMENDMENTS, AND OTHER MODIFICATIONS WILL BE POSTED ON THIS OR A SIMILAR PAGE OF THE PLATFORM AND SHALL BE DEEMED EFFECTIVE AS OF THEIR STATED EFFECTIVE OR MODIFICATION DATES. IT IS YOUR RESPONSIBILITY TO CAREFULLY REVIEW THIS PRIVACY POLICY EACH TIME YOU VISIT, ACCESS, OR USE THE PLATFORM.
151BY VISITING, ACCESSING OR USING THE PLATFORM, YOU ARE AUTOMATICALLY ACCEPTING AND AGREEING TO THE MOST RECENT VERSION OF THIS PRIVACY POLICY, AS WELL AS THE MOST RECENT VERSION OF THE PLATFORM’S TERMS AND CONDITIONS, AND YOUR CONTINUING VISIT, ACCESS OR USE OF THE PLATFORM REAFFIRMS YOUR ACCEPTANCE AND AGREEMENT IN EACH INSTANCE TO THE FULLEST EXTENT ALLOWED BY LAW.
15215.  A SPECIAL NOTE ABOUT MINORS.
153The Platform is a general audience digital platform intended for use by adults. The Platform is not designed or intended to attract, and is not directed to, children under eighteen (18) years of age, let alone children under thirteen (13) years of age. Muse does not collect personal information through the Platform from any person it actually knows to be under thirteen (13) years of age. If Muse obtains actual knowledge that it has collected personal information through the Platform from a person under thirteen (13) years of age, then it will use reasonable efforts to refrain from further using such personal information or maintaining it in retrievable form.
154Furthermore, if you are under eighteen (18) years of age, then you (or your parent or legal guardian) may at any time request that Muse remove content or information about you that is posted on the Platform by contacting us through the methods set forth in the “Contact Us” provision in Section 18, below.
155PLEASE NOTE THAT THE AFOREMENTIONED REMOVAL DOES NOT ENSURE COMPLETE OR COMPREHENSIVE REMOVAL OF SUCH CONTENT OR INFORMATION POSTED ON THE PLATFORM. ADDITIONALLY, THE FOREGOING SHALL NOT APPLY TO INFORMATION ONCE IT HAS BEEN PROVIDED TO OR ACCESSED BY ANY THIRD PARTY.
156Also, please note that Muse is not required to erase or otherwise eliminate, or to enable erasure or elimination of, such content or information in certain circumstances, such as, for example, when an international, federal, state, or local law, rule or regulation requires Muse to maintain the content or information; when the content or information is stored on or posted to the Platform by a third party other than you (including any content or information posted by you that was stored, republished or reposted by the third party); when Muse anonymizes the content or information, so that you cannot be individually identified; when you do not follow the aforementioned instructions for requesting the removal of the content or information; and when you have received compensation or other consideration for providing the content or information.
157The foregoing is a description of Muse’s voluntary practices concerning the collection of personal information through the Platform from certain minors, and is not intended to be an admission that Muse is subject to the Children’s Online Privacy Protection Act, the Federal Trade Commission’s Children’s Online Privacy Protection Rule(s), or any similar international, federal, state, or local laws, rules, or regulations.
15816.  MERGERS, ACQUISITIONS, AND OTHER BUSINESS TRANSACTIONS.
159Muse may decide to sell, buy, merge, or otherwise reorganize its business. If that occurs, you will be notified via email or a prominent notice on the Platform of any ownership change and any changes in the use of your personal information. These types of transactions may involve the disclosure of personal information to prospective or actual purchasers, or receiving it from sellers. We will seek commercially appropriate protection for personal information in these types of transactions.
16017.  SEVERABILITY.
161If any term or condition of this Privacy Policy is deemed invali

161d or unenforceable by a court of law with binding authority, then the remaining terms and conditions shall not be affected, and the court shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of this Privacy Policy.
16218.  CONTACT US.
163Please direct any questions you may have about this Privacy Policy or the Platform to Muse via email to [email protected], with a subject line of “Privacy Policy.”
164The foregoing contact information may change from time-to-time by supplementation, amendment, or modification of this Privacy Policy.
16519.  MODIFICATION DATE.
166This Privacy Policy was last modified on August 12, 2026.`,d=`TERMS AND CONDITIONS
167These Terms and Conditions (this “Agreement”) concern any websites (together with their respective pages and features, the “Site”) and, to the extent developed and deployed, any mobile software applications (together with their respective pages and features, the “App”) owned, hosted, and/or operated by Muse AI, Inc. (collectively, the “Platform”), as well as those certain products and services provided on, through, or in relation to the Platform. This Agreement is made and entered into by and between you and any person helping you visit, access, register with and/or use the Platform (collectively, “you” or “your”), on the one side, and Muse AI, Inc. (“Company” or “Muse”), on the other side. You and Company are sometimes referred to herein each as a “Party” and together as the “Parties.”
168Please read this Agreement carefully before accessing or using the Platform because it constitutes a legally binding agreement between you and Company. When you create, register with or log into an account through the Platform you are automatically accepting and agreeing to the most-recent version of this Agreement.
169Similarly, by visiting, accessing, registering with or using the Platform you are automatically accepting and agreeing to the most-recent version of this Agreement, and your continuing visit, access, registration with or use of the Platform reaffirms your acceptance and agreement in each instance. If you do not accept and agree to this Agreement in its entirety, then you are strictly prohibited from visiting, accessing, registering with and/or using the Platform.
170Company may supplement, amend or otherwise modify this Agreement at any time. Such modifications will be posted on this or a similar page of the Platform, as applicable, and may be e-mailed to the e-mail address associated with your User Account (as defined below) or posted to your User Account (if any), and shall be deemed effective as of their stated effective or modification dates. It is your responsibility to carefully review this Agreement and your User Account each time you visit, access, register with or use the Platform.
1711.  Eligibility.  The Platform is offered only to users eighteen (18) years of age or older, or otherwise the age of majority in their respective jurisdictions, and who are located in the United States and have accepted this Agreement. By visiting, accessing, registering with or using the Platform, or by purchasing or using any products or services through the Platform, you represent and warrant to Company that you meet these eligibility requirements. You agree to comply with all applicable laws for visiting, accessing, registering with and using the Platform and for purchasing any products or services through the Platform, and you may only use them for lawful purposes.
1722.  Privacy.  Company respects your privacy and the use and protection of your personal information. Company’s policies concerning the collection and use of your personal information in connection with the Platform are set forth in Company’s Privacy Policy, which you should carefully review each time you visit, access or use the Platform. Certain features of the Platform, including virtual try-on, involve the collection of Biometric Data (as defined in the Privacy Policy). Company collects Biometric Data only after you have been informed of the collection and have provided separate, affirmative consent at the point of capture, as described 

172in the Privacy Policy’s Biometric Information section and in Company’s Biometric Data Retention and Destruction Policy. Your acceptance of this Agreement does not by itself constitute consent to the collection of Biometric Data.
1733.  Your Devices.  Certain portions of the Platform may be configured for, and Company may offer the Platform through, computers, tablets, smart phones, and/or other electronic devices (“Device(s)”), and this Agreement shall apply with equal force and measure to your visit, access, registration with, and use of the Platform through such Devices. You are responsible for obtaining and updating the Device, software, operating system, carrier and network access necessary to properly access and use the Platform. Company does not guarantee that the Platform or any portions thereof will function on or in connection with any particular Device, software, operating system, carrier, or network. If you visit, access or use the Platform through a particular Device, then you hereby acknowledge and agree that information about your use of the Platform through that Device or its carrier or network (such as, by way of example only, the identity of your Device or its carrier or network) may be communicated to Company and/or certain third parties. 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 visit, access, registration with and/or use of the Platform. 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.
1744.  Ownership.  The Platform and all elements and derivatives thereof (including, without limitation, all content, information, source codes, object codes, data, instructions, documentation and expressions), as well as all copyrights, trademarks, trade secrets and other intellectual properties of the foregoing, are owned, licensed or permissibly used by Company. In no event shall you have or retain any rights, titles or interests in or to the foregoing other than those limited rights expressly granted to you 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.
1755.  Rights, Permissions, and Consents.  
176a.  License of the Site.  Subject to the terms and conditions of this Agreement, and any associated payment and registration obligations as imposed by or with the prior consent of Company, 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 Site, and to view the information and content found thereon. If you have a User Account in good standing, then said license shall extend to any subscription-only and/or registration-only pages of the Site. Your unauthorized use of the Site or the App, or any breach by you of this Agreement, automatically terminates this license.
177b.  License of the App.  Subject to the terms and conditions of this Agreement, and any associated payment and registration obligations as imposed by or with the prior consent of Company, if you download a genuine copy of the App to your Device, and if you further acknowledge your acceptance of and agreement to this Agreement, as well as those additional terms, conditions and policies referenced herein, as Company may require from time-to-time, then Company grants you a limited, non-exclusive, personal, freely-revocable, non-transferable and non-sub-licensable license to access and use the App on said Device for the purpose of using the App as Company intends for end users of the App. You may not rent, lease, lend, sell, transfer, redistribute or sublicense the App; and if you sell or otherwise transfer to a third party a Device on which the App is installed, then you must remove the App from such Device before doing so. If you have a User Account in good standing, then said license shall extend to any subscription-only and/or registration-only sections of the App. Your unauthorized use of the Platform, or any breach by you of this Agreement, automatically terminates this license.
178c.  License of User Materials.  All names, photographs, information, communications and any other content that you submit to or publish on or through the Platform, or that you submit to or publish on an online social media account (e.g., Facebook, Twitter, Instagram) that you own and link or otherwise associate with the Platform or your User Account, including any medical information you provide via the Platform, if any and as applicable, is hereinafter defined as the “User Materials.” 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, communicate, publish, syndicate, publicly perform, publicly display, archive and otherwise use and exploit all or any part of such User Materials and any elements and derivatives thereof in any manner, medium or form, whether now known or hereinafter devised, as Company sees fit in its sole discretion. As further described 

178in the Platform’s Privacy Policy, Company may dispose of or delete any such personal information or non-personal information at any time, except as set forth in any other agreement or document executed by Company or as required by applicable law. Notwithstanding the foregoing, User Materials shall not include, and no license is granted under this Section 5(c) with respect to, Biometric Data (as defined in the Privacy Policy). Muse collects, uses, retains, discloses, and destroys Biometric Data solely as described in the Privacy Policy’s Biometric Information section and Company’s Biometric Data Retention and Destruction Policy, and will not sell, lease, trade, or otherwise profit from Biometric Data.
179d.  Reservation of Rights.  Nothing in this Agreement shall restrict or limit Company’s rights, titles or interests in or to the Platform, the User Materials, or any elements or derivatives of the foregoing.
180e.  Warnings; Disclaimers.  PLEASE NOTE THAT THE USER MATERIALS MIGHT BECOME THE SUBJECT OF PUBLIC DISCLOSURE. THUS, OTHER THAN AS SET FORTH IN ANY OTHER AGREEMENT EXECUTED BY COMPANY OR AS REQUIRED BY APPLICABLE LAW, NEITHER COMPANY NOR ITS SUCCESSORS, ASSIGNS, TRANSFEREES, OR LICENSEES ARE RESPONSIBLE FOR, AND EXPRESSLY DISCLAIM ANY LIABILITY ARISING FROM OR IN CONNECTION WITH, ITS/THEIR USE OF ANY USER MATERIALS IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1816.  Suspension or Termination of Service.  Company has the right, but not the obligation, to suspend or terminate the function or existence of all or any part of the Platform and/or your User Account at any time, and without notice or recourse, as Company deems advisable in its sole discretion. COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE THAT IS CAUSED BY OR ARISES FROM OR IN CONNECTION WITH ANY SUCH SUSPENSIONS OR TERMINATIONS (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).
1827.  User Account.  
183a.  Registration.  As explained further above, to secure the right to access and use any subscription-only and/or registration-only pages of the Platform, you must (in addition to any subscription requirements of Company as may be developed from time to time) register with and create a personal user account with Company through the Platform (a “User Account”), as well as further acknowledge your acceptance of and agreement to this Agreement and those additional terms, conditions and policies referenced herein, as Company may require from time-to-time. As part of the registration process, you may be required to satisfy certain conditions precedent imposed by Company (including, for example, providing additional information to Company, and entering into additional agreements with Company). Unless otherwise permitted by Company in writing, you may only have one (1) non-transferable User Account.
184b.  User Account Activity and Information.  You are responsible for all activity that occurs under your User Account and are prohibited from authorizing or allowing any third party to access or use your User Account. Accordingly, you should take all steps necessary to protect and keep secret your User Account details and access information (including your login name and password). You should also maintain accurate, complete, and up-to-date information in your User Account (including, without limitation, maintaining a valid and current payment method and e-mail address, if applicable) because your failure to do so may result in your inability to access, use, and/or receive all or any part of the Platform and/or Company’s termination of this Agreement. For security purposes, you shall immediately notify Company if you suspect a third party has gained access to or is using your User Account without authorization. For the avoidance of doubt, Company has the unencumbered right to access and use, and to allow its agents, employees, representatives, contractors, and vendors to access and use, the information in your User Account in order to facilitate the exercise and performance of Company’s rights and obligations under this Agreement, the operation of the Platform and/or any other rights, obligations, and services related to the subject matter of this Agreement (including, without limitation, payments and communications).
185c.  Indemnification.  IF YOU FAIL TO COMPLY WITH ANY TERMS OR CONDITIONS OF SECTION 7(B) ABOVE (WHETHER INTENTIONALLY OR UNINTENTIONALLY), THEN YOU ACCEPT FULL RESPONSIBILITY FOR THE CONSEQUENCES THEREOF (INCLUDING, WITHOUT LIMITATION, ANY UNAUTHORIZED CHARGES AND PAYMENTS, ANY UNAUTHORIZED CHANGES TO YOUR USER ACCOUNT INFORMATION AND SETTINGS AND ANY UNAUTHORIZED ACCESS OR USE OF YOUR USER ACCOUNT), AND AGREE TO INDEMNIFY, RELEASE AND HOLD HARMLESS COMPANY AND COMPANY’S OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PARTNERS, AGENTS, E

185MPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS AND LICENSEES 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 SUCH INDEMNITEES, OR ASSERTED AGAINST SUCH INDEMNITEES BY THIRD PARTIES, ARISING OUT OF OR IN CONNECTION WITH YOUR FAILURE TO COMPLY WITH SUCH TERMS OR CONDITIONS.
1868.  Products and Services.  Company may offer, sell, market or provide various products and services on or through the Platform. In either situation, Company and/or Company’s third-party payment processing vendor may facilitate the transaction as an intermediary through the provision or operation of the online technological platform or online payment processing application.
1879.  Subscriptions.  
188a.  Subscription Plans and Fees.  Currently, Users are granted access to the Platform when the User’s eyewear retailer pays the Company for the right of its customers to access the Platform; the Company does not currently charge Users with any subscription fee. As explained further above, to secure the right to access and use certain subscription-only pages, features, or functions of the Platform, and to maintain your User Account in good standing, the Company may require that you subscribe to Company and pay a subscription fee (the “Subscription Fee”) pursuant to the subscription terms detailed on the Platform, which may be updated from time to time in Company’s sole discretion. Accordingly, you understand and acknowledge that, with the exception of any free trial periods, upon your confirmation of purchase your User Account may be charged (including any indirect charge through your iTunes or Google Play account (“iTunes/Google Play Account”)) the Subscription Fee (which may be a recurring subscription fee) in exchange for your right to access and use the subscription-only pages and features of the Platform. You will have the opportunity to agree to the Subscription Fee or cancel your subscription and access to the Platform prior to being charged a Subscription Fee.
189b.  Cancellations; Automatic Renewal.  YOU MAY MANAGE OR CANCEL YOUR SUBSCRIPTION (INCLUDING THE AUTOMATIC RENEWAL OF YOUR SUBSCRIPTION) AT ANY TIME THROUGH YOUR USER ACCOUNT SETTINGS. MUSE WILL PROVIDE YOU WITH WRITTEN NOTICE OF THE UPCOMING EXPIRATION OF YOUR THEN-EXISTING SUBSCRIPTION AT LEAST THIRTY (30) DAYS PRIOR TO THE EXPIRATION OF YOUR THEN-EXISTING SUBSCRIPTION. IF YOU DO NOT CANCEL YOUR SUBSCRIPTION OR TURN OFF THE AUTOMATIC RENEWAL OF YOUR SUBSCRIPTION BEFORE THE END OF THE THEN-EXISTING SUBSCRIPTION PERIOD, THEN YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR A PERIOD OF ONE (1) YEAR, WHICH YOU WILL BE RESPONSIBLE FOR PAYING. IF YOU CANCEL YOUR SUBSCRIPTION OR TURN OFF THE AUTOMATIC RENEWAL OF YOUR SUBSCRIPTION WITHIN TWENTY-FOUR (24) HOURS PRIOR TO THE END OF THE THEN-EXISTING SUBSCRIPTION PERIOD, THEN YOUR RIGHT TO ACCESS AND USE THE SUBSCRIPTION-ONLY PAGES AND FEATURES OF THE PLATFORM WILL CONTINUE THROUGH THE END OF THE THEN-EXISTING SUBSCRIPTION PERIOD AND WILL THEREAFTER CEASE. ANY TECHNICAL ISSUES RELATING TO THE CANCELLATION OF YOUR SUBSCRIPTION THROUGH YOUR ITUNES/GOOGLE PLAY ACCOUNT SHOULD BE HANDLED BY CONTACTING THE APPROPRIATE CUSTOMER SUPPORT TEAM FOR THE APPLE APP STORE OR GOOGLE PLAY STORE, AS APPLICABLE.
190c.  Subscription Fee Amounts.  To the extent permitted by law, the Subscription Fee amounts are subject to change by Muse as determined in its sole discretion. Additional information about Muse’s current Subscription Fee rate amounts is available at www.hellomuse.io or by communicating your questions to Muse regarding the Subscription Fee or any automatic renewals or cancellations thereof by e-mail to [email protected]. By accepting the terms and conditions of this Agreement, you understand and acknowledge that Muse reserves the right, but not the obligation, to increase its Subscription Fee rate amounts at any time and as Muse sees fit in its sole discretion.
191d.  Free Trials and Discounts.  Muse reserves the right, but not the obligation, to afford you a promotional free trial period or discounted Subscription Fee amount for accessing and using any or certain subscription-only pages and features of the Platform. Muse will not charge you a Subscription Fee for any such promotional free trial period. In the event that you elect to purchase a subscription during your promotional free trial period, then any unused portion of time remaining on your promotional free trial period shall be forfeited.
192Notwithstanding the foregoing, you hereby understand, acknowledge, and agree that in the event you have been offered a discounted Subscription Fee amount, you will be charged the normal one 

192(1) year Subscription Fee upon the termination of the then-existing, discounted subscription period, and you will automatically be charged such normal one (1) year Subscription Fee amount within twenty-four (24) hours prior to the end of the then-existing subscription period unless you cancel your subscription or turn off the automatic renewal of your subscription through your User Account.
193e.  Affirmative Consent.  By accepting and agreeing to this Agreement, you hereby acknowledge, understand, and agree that you are consenting to all of the terms of this Section 9 with respect to the Subscription Fees (including, without limitation, the terms of any automatic renewals of the Subscription Fees).
19410.  Payments.  
195a.  Third-Party Payment Processing Vendor.  All credit card, debit card and other monetary transactions on or through the Platform occur through an online payment processing application that is provided by a third-party vendor(s) and accessible through the Platform. Company’s relationship with its third-party payment processing vendor(s), if any, is merely contractual in nature, as it is nothing more than a third-party vendor and is in no way subject to Company’s direction or control. Thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers, contractors or the like.
196b.  Refusal of Products and Services.  Company has the right to refuse its products and services (including, without limitation, the Platform, and any products and services offered by Company) if it suspects that you are in any way involved in fraudulent or illegal activity, including, but not limited to, the use of stolen credit cards or prescription medication fraud. Company may contact your payment method issuer, law enforcement, or others and share information relating to your payments if Company believes doing so will prevent a violation of the law or financial loss.
197c.  Payment Authorization.  If you provide Company with your payment information, then you authorize Company to do the following as Company deems necessary, although Company has no obligation to do so: (i) share your payment information with the third-party payment processing vendor(s); and (ii) obtain your updated payment information from your payment issuer, the third-party payment processing vendor(s) and/or applicable third-party providers.
198d.  Payment Obligations.  You agree that you are responsible for all amounts that accrue under your account(s) with Company, the third-party payment processing vendor(s), and/or other third parties on or through the Platform. You also agree to be responsible for all payments, fines, penalties and other liabilities incurred by any such person or entity that arises out of or relates to payments that you authorize or accept on or through the Platform, including, without limitation, all fees, penalties, taxes and duties; and to be responsible for all expenses (including costs and reasonable outside attorney fees) and interest incurred by any such person or entity to collect any overdue amounts.
199e.  Waiver of Claims; Unauthorized Payments.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO WAIVE ALL CLAIMS AGAINST COMPANY RELATED TO ANY UNAUTHORIZED PAYMENTS MADE ON OR THROUGH YOUR ACCOUNT(S) WITH COMPANY, COMPANY’S THIRD-PARTY PAYMENT PROCESSING VENDOR(S), OR ANY OTHER THIRD PARTIES AND/OR ANY OTHER PERSON OR ENTITY, REGARDLESS OF WHETHER THEY ARE AUTHORIZED OR UNAUTHORIZED. However, you may submit a claim of the unauthorized payment to Company, and Company will undertake a reasonable investigation as it sees fit under the circumstances and, if Company deems appropriate, assist in correcting the alleged unauthorized payment, provided that such claim (an “Unauthorized Payment Claim”) is received by Company within fifteen (15) days of the subject charge or payment. Each Unauthorized Payment Claim must be submitted to Company via email to [email protected] with a subject line of “Claim Concerning Unauthorized Payment.” Please clearly state the following in the body of the email:
200i.The date and approximate time of the subject transaction;
201ii.The services tendered or to be tendered under the subject transaction;
202iii.The total monetary amount of the subject transaction;
203iv.Whether the subject transaction was made on or though the Site;
204v.Whether the subject transaction was made on or though the App and, if so, the version of the App;
205vi.The parties to the subject transaction, including the buyer and seller;
206vii.A detailed explanation for why you believe the charge or payment made under the subject transaction is unauthorized;
207viii.The monetary amount of the subject transaction you believe is subject to a refund;
208ix.Your name, street address, city, state, zip code and e-mail address; and
209x.Whether you prefer to receive a response to your request by mail or e-mail.
210Company will not accept an Unauthorized Payment Claim via telephone or facsimile. Company is not responsible for any Unauthorized Payment Claim that is incomplete, incorrectly labeled, incorrectly sent or untimely.
211f.  Accurate Payment Information.  You represent and warrant to Company that any payment information you provide on or through the Platform is current, complete and accurate, and that you will promptly notify Company if your payment information has changed (such as a change in address or expiration date), if your payment method has been cancelled, or if you become aware of a breach of security.
212g.  No Refunds.  All sales and payments made on, through or regarding the Platform and/or your User Account are final, irrevocable and not subject to or eligible for a refund.
21311.  Electronic Communications.  
214a.  Express Consent.  You hereby expressly consent to Company 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 Platform, through your User Account, by personal communication, by e-mail, by automatic telephone dialing system, by telephone, by artificial or prerecorded voice, by online social media, by text message (e.g., short message service a/k/a SMS, and multimedia messaging service a/k/a MMS) or by other electronic means or forms. By giving such consent, you agree that no such communication shall violate the CAN-SPAM Act, the Telephone C

214onsumer Protection Act, or any other applicable laws, rules, or regulations. Voice, message, and data fees, rates, charges and taxes may apply to you, and you are responsible for payment of the same. You are not required to grant the foregoing consent as a condition for purchase or license of any Company products or services.
215b.  E-mail Opt-Out.  You may opt-out of receiving any e-mails as described in Section 11(a) above any time by following the opt-out instructions in any such e-mails you have received and would like to opt-out of. You may also opt-out of receiving certain e-mails by managing your electronic communication preferences through your User Account. 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 Platform, your User Account, Company’s products or services, and/or your ability to receive certain messages and/or notifications from Company.
216c.  Text Message Opt-Out.  You may opt-out of receiving any text messages (e.g., short message service a/k/a SMS, and multimedia messaging service a/k/a MMS) as described in Section 11(a) above at any time by following the opt-out instructions in any such text messages you have received and would like to opt-out of receiving. You may also opt-out of receiving certain text messages by managing your electronic communication preferences through your User Account. 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 Site, the App, your User Account, Company’s products or services, and/or your ability to receive certain messages and/or notifications from Company.
217d.  Other Opt-Outs.  You may opt-out of receiving any communications besides those described in Sections 11(b) and 11(c) above at any time by providing Company with an e-mail to [email protected], with a subject line of “Opt-Out of Communications,” a list in the body of the e-mail that identifies the specific type of communication(s) that is the subject of your opt-out request (e.g., communications by automatic telephone dialing system), and a list in the body of the e-mail that identifies the telephone number(s) or e-mail address(es) (as applicable depending on the specific type of communication(s) that is the subject of your opt-out request) belonging to you that are the subject of your opt-out request. You may also opt-out of receiving certain of those communications by managing your electronic communication preferences through your User Account. You acknowledge that opting out of receiving any of those communications may impact your receipt, the success, and/or the performance of all or any part of the Platform, your User Account, Company’s products or services, and/or your ability to receive certain messages and/or notifications from Company.
21812.  Prohibited Activities.  You shall not engage in any of the following activities at any time with respect to the Platform: (a) the impersonation of any person or entity; (b) any act that infringes or otherwise violates the intellectual property, privacy or publicity rights of any person or entity (including, without limitation, the copyrights, trademarks, patents, and trade secrets held by Company or its licensors with respect to the Platform); (c) the reproduction of the Platform or any data 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 herein); (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); (e) the publication of a person’s or entity’s personal information or private facts without his/her/its prior written consent; (f) the publication of any machine, computer or randomly generated content; (g) supplying or publishing any information or statements to or through the Platform that is false, misleading, deceptive or incorrect; (h) any act that constitutes a commercial activity; (i) any act intended or designed to drive traffic to or boost the search rankings of third-party websites, networks, platforms, servers or applications; (j) the systematic retrieval or copying of any information or content found on or through the Platform or any servers which may host the Platform to directly or indirectly create or compile, in whole or in part, a collection, compilation, database or directory; (k) 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 

218whole or in part, the Platform, any servers which may host the Platform, or any data or content found thereon or therein; (l) 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 in relation to the Platform, or any servers which may host the Platform; (m) any act that overloads, unreasonably disrupts, or unreasonably interferes with the infrastructure of the Platform, or any servers which may host the Platform; (n) any act that gains or attempts to gain unauthorized access to computer systems, networks, information or materials through the Platform or any servers which may host the Platform; or (o) any other act that Company becomes aware of and believes in good faith is improper, illegal or harmful to the Platform, any servers which may host the Platform, any person or entity or the property of any person or entity.
21913.  Links to Other Sites, Apps or Networks.  
220a.  Linked Technologies.  The Platform may contain links to third-party websites, networks, platforms, servers and/or applications (“Linked Technologies”). The Linked Technologies are not under the control of Company. If applicable, the Platform only contains these links as a convenience to you.
221b.  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 (including, without limitation and by way of example only, malicious software, spyware programs, inaccurate information and illegal content). 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; nor shall the fact that the Platform links to any Linked Technologies constitute an affiliation with, association with or endorsement of such Linked Technologies or any information, content, goods, services, promotions, advertisements, programs, codes or other items which may be found on or excluded from such Linked Technologies. If you decide to access any Linked Technologies, then you do so at your own risk.
22214.  Take Down.  Company reserves the right, but not the obligation, to take down or otherwise exclude from the Platform, without notice or recourse, any communications, names, photographs, information and/or content made or submitted by you or others on or through the Plaform which Company believes at any time and in its sole discretion to be infringing or otherwise in violation of the proprietary, privacy or publicity rights of any person or entity; plagiarizing; defamatory; disparaging; embarrassing towards any person or entity; disclosing of confidential, private or personal information about or belonging to any person or entity; profane; indecent; obscene; racist, sexist, or otherwise derogatory in terms of race, nationality, religion, gender, gender identification, sexual orientation or otherwise; threatening; abusive; illegal; false; misleading; deceptive; inciting violence; hate speech; and/or a political attack on a group or individual.
22315.  Copyright Infringement.  Company respects the copyrights of others, and prohibits users from uploading, posting, distributing, or otherwise transmitting any materials on or through the Platform, or from engaging in any activities on or through the Platform, which violate the copyrights of others. It is the policy of Company to terminate, and Company reserves the right to terminate without penalty or recourse, in appropriate circumstances, the right of any subscriber and account holder (which may include, without limitation, you) to access, register with, and use the Platform who is a repeat copyright infringer. If Company becomes aware that a user who is not a subscriber or account holder (which may also include, without limitation, you) is a repeat copyright infringer, then it is the policy of Company to take reasonable steps within its power to terminate, and Company reserves the right to terminate without penalty or recourse, in appropriate circumstances, the right of that user to access and use the Platform. The following procedures shall 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 Platform infringes your copyright, the copyright of said person or entity, or any other intellectual property right owned by you or said person or entity. These procedures are intended to comply with 17 U.S.C. § 512 and any other applicable laws. By visiting, accessing, registering with, or using the Platform, you are automatically agreeing to comply with the following procedures.
224a.  Takedown Notice (Materials).  To report any materials on the Platform that violate the copyrights of others, you must send Company a written communication that includes substantially the following:
225i.A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
226ii.Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
227iii.Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
228iv.Information reasonably sufficient to permit the service provider 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;
229v.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
230vi.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.
231b.  Takedown Notice (Information Location Tools).  To report any information location tools (e.g., hyperlinks) on the Platform that refer or link users to an online location containing infringing material or infringing activity, you must send Company a written communication that includes substantially the following:
232i.A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
233ii.Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
234iii.Identification of the reference or link to material or activity claimed to be infringing that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate that reference or link;
235iv.Information reasonably sufficient to permit the service provider 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;
236v.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
237vi.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.
238c.  Counter-Notice.  If you believe that any material you have uploaded, posted, distributed, or otherwise transmitted on the Platform 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:
239i.A physical or electronic signature of the User and subscriber;
240ii.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;
241iii.A statement under penalty of perjury that the subscriber has 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
242iv.The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber 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.
243d.  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:
244Muse AI, Inc., Attn: Copyright Administrator, 404 Crestover Circle, Richardson, TX 75080, tel.: +1-214-945-3659, e-mail: [email protected].
24516.  User Representations, Warranties, and Covenants.  You represent, warrant and covenant to Company that: (a) you are a natural person and of eighteen (18) years of age or older, or otherwise the age of majority in your jurisdiction; (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 Platform, any servers which may host the Platform or any information, communications or content found on or through them; (g) you are the exclusive owner of all rights, titles and interests in and to the User Materials (including, without limitation, all c

245opyrights, trademarks, patents, trade secrets, rights of publicity and rights of privacy) and/or, if applicable, have secured all necessary rights and permissions from all subjects depicted in, and all persons and entities who contributed to, the User Materials to allow for your performance and grant of rights hereunder; (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, or privacy 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(s) 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 Platform is truthful and accurate; and (o) you are not listed on any United States government list of prohibited or restricted parties.
24617.  Disclaimers and Limitations.  
247a.  General Disclaimer.  YOUR VISIT, ACCESS, REGISTRATION WITH OR USE OF THE PLATFORM IN ANY WAY IS DONE AT YOUR OWN RISK. THE PLATFORM, THE SUCCESS OR PERFORMANCE OF THE PLATFORM, AND ALL INFORMATION, COMMUNICATIONS, CONTENT, FEATURES, PRODUCTS AND SERVICES OFFERED, SOLD AND/OR LICENSED ON OR THROUGH THE PLATFORM ARE PROVIDED TO YOU ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. 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 PLATFORM, THE SUCCESS, PERFORMANCE, FUNCTIONALITY, RELIABILITY OR SAFETY OF THE PLATFORM OR ANY SUCH INFORMATION, COMMUNICATIONS, CONTENT, FEATURES, PRODUCTS OR SERVICES. 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, QUALITY, ACCURACY, RELIABILITY AND PERFORMANCE) AND WARRANTIES ARISING FROM CONDUCT, COURSE OF DEALING, CUSTOM AND USAGE IN TRADE WITH RESPECT TO THE PLATFORM, THE SUCCESS, PERFORMANCE, FUNCTIONALITY, RELIABILITY OR SAFETY OF THE PLATFORM AND ANY SUCH INFORMATION, COMMUNICATIONS, CONTENT, FEATURES, PRODUCTS AND SERVICES. COMPANY DOES NOT MAKE, NOR HAS COMPANY MADE, ANY AFFIRMATION OF FACT OR PROMISE RELATING TO THE PLATFORM, THE SUCCESS, PERFORMANCE, FUNCTIONALITY, RELIABILITY OR SAFETY OF THE PLATFORM OR ANY SUCH INFORMATION, COMMUNICATIONS, CONTENT, FEATURES, PRODUCTS OR SERVICES THAT HAS BECOME ANY BASIS OF THIS BARGAIN. THERE ARE NO WARRANTIES (WHETHER EXPRESS, IMPLIED, OR OTHERWISE) CONCERNING THE PLATFORM, THE SUCCESS, PERFORMANCE, FUNCTIONALITY, RELIABILITY OR SAFETY OF THE PLATFORM OR ANY SUCH INFORMATION, COMMUNICATIONS, CONTENT, FEATURES, PRODUCTS OR SERVICES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
248b.  Disclaimer About Company Products and Services.  ALL DESCRIPTIONS, IMAGES, REFERENCES, FEATURES, CONTENT, SPECIFICATIONS, PRODUCTS, AND PRICES OF ANY PRODUCTS OR SERVICES OFFERED BY COMPANY ON OR THROUGH THE PLATFORM ARE SUBJECT TO CHANGE AT ANY TIME AND WITHOUT NOTICE TO YOU. CERTAIN WEIGHTS, MEASURES, AND OTHER DESCRIPTIONS ARE APPROXIMATE AND ARE PROVIDED FOR CONVENIENCE PURPOSES ONLY. THE INCLUSION OF ANY PRODUCTS OR SERVICES THROUGH THE PLATFORM DOES NOT IMPLY OR WARRANT THAT THEY WILL BE AVAILABLE. IT IS YOUR RESPONSIBILITY TO ASCERTAIN AND OBEY ALL APPLICABLE LOCAL, STATE, FEDERAL, AND INTERNATIONAL LAWS (INCLUDING MINIMUM AGE REQUIREMENTS) IN REGARD TO THE RECEIPT, POSSESSION, USE, AND SALE OF ANY PRODUCT OR SERVICE ORDERED OR PURCHASED THROUGH THE PLATFORM. COMPANY RESERVES THE RIGHT, WITH OR WITHOUT PRIOR NOTICE TO YOU, TO DO ANY ONE OR MORE OF THE FOLLOWING: (I) LIMIT THE AVAILABLE QUANTITY OF OR DISCONTINUE ANY SUCH PRODUCT OR SERVICE; (II) IMPOSE CONDITIONS ON THE HONORING OF ANY COUPON, COUPON CODE, PROMOTIONAL CODE, OR OTHER 

248SIMILAR PROMOTION; (III) BAR YOU FROM MAKING OR COMPLETING ANY TRANSACTIONS THROUGH THE PLATFORM; AND (IV) REFUSE TO PROVIDE YOU WITH ANY SUCH PRODUCT OR SERVICE.
249c.  Disclaimer About System Delays.  YOU UNDERSTAND AND ACKNOWLEDGE THAT THE PLATFORM 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 PLATFORM WHICH RESULT FROM ANY SYSTEM DELAYS, DOWNTIMES, INTERRUPTIONS OR OTHER FAILURES OF OR PROBLEMS WITH THE PLATFORM WHICH ARE OUTSIDE OF COMPANY’S CONTROL (INCLUDING, WITHOUT LIMITATION, SCHEDULED MAINTENANCE OR NETWORK FAILURE).
250d.  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 THE PLATFORM, IN ANY MARKETING OR PROMOTIONAL MATERIALS CONCERNING COMPANY, THE PLATFORM, OR ANY THIRD-PARTY PROVIDERS (INCLUDING, WITHOUT LIMITATION, ADVERTISEMENTS AND SOCIAL MEDIA PAGES) OR MADE OR PROVIDED DURING THE COURSE OF YOUR VISIT, ACCESS, REGISTRATION WITH OR USE OF THE PLATFORM ARE THOSE OF THEIR RESPECTIVE AUTHORS, AND NOT NECESSARILY THOSE OF COMPANY, AND, THUS, 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. COMPANY DOES NOT PROVIDE ANY SERVICES FOR WHICH A MEDICAL LICENSE IS REQUIRED.
251e.  Limitation of Liability.  IN NO EVENT SHALL COMPANY OR ANY OF COMPANY’S OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS OR LICENSEES 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: (I) YOUR ACCESS, INABILITY TO ACCESS, REGISTRATION WITH, INABILITY TO REGISTER WITH, USE OR INABILITY TO USE THE PLATFORM; (II) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION; (III) ANY STATEMENTS, CONTENT OR CONDUCT OF ANY THIRD PARTY ON, THROUGH OR IN RELATION TO THE PLATFORM OR MADE OR PROVIDED DURING THE COURSE OF YOUR VISIT, ACCESS, REGISTRATION WITH OR USE OF THE PLATFORM; (IV) ANY HACKING, DENIAL OF SERVICE ATTACKS, DATA SECURITY BREACHES OR OTHER THIRD-PARTY CONDUCT THAT MAY LEAD TO A COMPROMISE OF YOUR PERSONAL INFORMATION OR DAMAGE TO YOUR DEVICE(S), SOFTWARE, OPERATING SYSTEM(S), FILE(S), CARRIER(S), NETWORK(S) OR USER ACCOUNT; (V) ANY TRANSMISSION, DOWNLOAD OR INFECTION OF ANY SOFTWARE, SYSTEM, PROGRAM, FILE, PROCESS, DEVICE, APPLICATION OR ROUTINE (INCLUDING, WITHOUT LIMITATION AND BY WAY OF EXAMPLE ONLY, ROBOTS, SCRAPERS, SPIDERS, VIRUSES, SPYWARE AND MALWARE) THAT MAY LEAD TO A COMPROMISE OF YOUR PERSONAL INFORMATION OR DAMAGE TO YOUR DEVICE(S), SOFTWARE, OPERATING SYSTEM(S), FILE(S), CARRIER(S), NETWORK(S) OR USER ACCOUNT; (VI) THE FACT THAT YOU HAVE RELIED ON ANY INFORMATION OR CONTENT FOUND ON, THROUGH, OR IN RELATION TO THE PLATFORM OR MADE OR PROVIDED DURING THE COURSE OF YOUR VISIT, ACCESS, REGISTRATION WITH OR USE OF THE PLATFORM; (VII) ANY ACTS, ERRORS OR OMISSIONS OF ANY THIRD-PARTY PROVIDERS, IF ANY; OR (VIII) ANY PRODUCTS OR SERVICES OFFERED OR SOLD BY COMPANY ON OR THROUGH THE PLATFORM. IF YOU ARE DISSATISFIED WITH THE PLATFORM OR ANY PRODUCTS OR SERVICES OFFERED OR SOLD BY COMPANY ON OR THROUGH THE SITE OR THE APP, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST COMPANY AND/OR COMPANY’S OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PARTNERS, AGENTS, E

251MPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS OR LICENSEES IS TO DISCONTINUE YOUR ACCESS AND USE OF THE PLATFORM AND THOSE PRODUCTS AND SERVICES. COMPANY’S MAXIMUM LIABILITY TO YOU FOR ANY DAMAGES IS LIMITED TO THE AMOUNT YOU HAVE PAID TO THE COMPANY DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT CAUSING SUCH DAMAGES.
252f.  No Injunctive Relief.  IF COMPANY BREACHES OR OTHERWISE VIOLATES THIS AGREEMENT, THEN YOU SHALL NOT BE ENTITLED TO SEEK OR OBTAIN, AND YOU DO HEREBY WAIVE, ANY TYPE OF INJUNCTIVE RELIEF AGAINST THE PLATFORM AS A RESULT OF SUCH BREACH OR OTHER VIOLATION. FOR THE AVOIDANCE OF DOUBT, THE FOREGOING LIMITATION ON INJUNCTIVE RELIEF DOES NOT LIMIT YOUR ABILITY TO SEEK OR RECOVER ANY MONETARY REMEDIES AUTHORIZED BY LAW IN THE EVENT OF ANY SUCH BREACH OR OTHER VIOLATION (EXCEPT FOR THOSE WHICH ARE OTHERWISE EXPRESSLY PRECLUDED BY THIS AGREEMENT).
253g.  Limitation of Remedies.  IF COMPANY BREACHES OR OTHERWISE VIOLATES THIS AGREEMENT, THEN IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, SPECULATIVE OR PUNITIVE DAMAGES ARISING OUT OF OR IN RELATION TO SUCH BREACH OR OTHER VIOLATION, EVEN IF COMPANY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.
254h.  Consumer Protections.  The disclaimers and limitations set forth in this Section 17 are not intended to limit liability or alter your rights as a consumer that cannot be limited or altered under applicable law.
25518.  General Release of Claims.  YOU HEREBY RELEASE AND HOLD HARMLESS COMPANY AND COMPANY’S OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS AND LICENSEES FROM AND AGAINST ALL CLAIMS THAT YOU HAVE OR MAY HAVE AGAINST THEM FOR INFRINGEMENT, VIOLATION OF THE RIGHTS OF PRIVACY OR PUBLICITY, DEFAMATION, DISPARAGEMENT, PERSONAL INJURY, PROPERTY DAMAGE, NEGLIGENCE AND/OR ANY OTHER LEGAL THEORY ARISING FROM OR IN CONNECTION WITH THE PLATFORM, THE PRODUCTS OR SERVICES OFFERED OR PROVIDED ON OR THROUGH THE SITE AND/OR THE APP 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, ENJOIN COMPANY, ANY OF COMPANY’S OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS OR LICENSEES OR ANY EXERCISE OF THE RIGHTS OR PRIVILEGES GRANTED OR CONVEYED BY YOU UNDER THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, THE USER MATERIALS).
256YOU 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:
257“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR 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.”
25819.  Indemnification.  YOU HEREBY AGREE TO INDEMNIFY, RELEASE AND HOLD HARMLESS COMPANY AND COMPANY’S OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS AND LICENSEES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, SUITS, DEMANDS, ACTIONS, JUDGMENTS, LOSSES, DAMAGES, FINES, PENALTIES AND EXPENSES (INCLUDING COSTS AND REASONABLE OUTSIDE ATTORNEYS’ FEES) INCURRED BY SUCH INDEMNITEES, OR ASSERTED AGAINST SUCH INDEMNITEES BY THIRD PARTIES, ARISING OUT OF OR IN CONNECTION WITH (A) YOUR ACTS, ERRORS OR OMISSIONS, (B) YOUR USE OF THE PLATFORM OR ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED ON OR THROUGH THE PLATFORM IN ANY MANNER CONTRARY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, (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.
25920.  Term; Termination; Survival.  This Agreement shall continue and remain in effect until it is terminated in accordance with the terms and conditions of this Agreement. Company may terminate this Agreement at any time, for any or no reason, and without notice to you (including, without limitation, if Company believes that you have violated or acted inconsistently with any term or condition of this Agreement). You may terminate this Agreement at any time and for any or no reason by cancelling your subscription with Company, with such cancellation being effected by you through your timely use of the cancellation feature of your User Account. If this Agreement is terminated for any 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 and/or accrued in favor of Company and/or any of Company’s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors or licensees as of the date of this Agreement’s termination; (c) all payments which accrued as of the date of termination; (d) all disclaimers, limitations of liability and limitations of remedies; and (e) all representations, warranties, covenants, certifications, releases, indemnifications and promises made by you under this Agreement.
26021.  Governing Law.  This Agreement, the additional terms, conditions, and policies referenced herein (including, without limitation, the Site’s and the App’s Privacy Policy), your access or use of the Platform, your transactions on, through or in relation to the Platform, your purchase or use of any products or services offered, sold, marketed or provided on, through or in relation to the Platform, all information disclosed or received on, through or in relation to the Platform (including, without limitation, personal information and non-personal information), all content found on, through or in relation to the Platform, all information, communications and statements made on, through or in relation to the Platform (including, without limitation, your express consent to Company sending or otherwise communicating with you via any electronic means or forms, e.g., e-mail, telephone, text message), the Parties’ relationship, and/or all disputes, controversies and claims arising from or concerning any or all of the foregoing (whether grounded in contract, tort, statute, law or equity) shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Texas in the United States of America and applicable federal law of the United States of America, regardless of its place of execution, its place of performance and any conflicts of law analysis. For the avoidance of any doubt, the United Nations Convention on Contracts for the International Sale of Goods shall have no application whatsoever.
26122.  Dispute Resolution.  
262a.  Binding Arbitration; Waiver.  Each Party hereby irrevocably submits all disputes, controversies and claims arising from or concerning any or all of the following (whether grounded in contract, tort, statute, law or equity) (collectively, the “Dispute(s)”) to binding arbitration administered by Judicial Arbitration and Mediation Services, Inc. (a/k/a JAMS) or its successor (“JAMS”) for the resolution thereof, and such arbitration shall be the sole and exclusive method for resolving the Disputes: this Agreement; the additional terms, conditions, and policies referenced herein (including, without limitation, the Platform’s Privacy Policy); your access or use of the Platform; your transactions on, through or in relation to the Platform; your purchase or use of any products or services offered, sold, marketed or provided on, through or in relation to the Platform; all information disclosed or received on, through or in relation to the Platform (including, without limitation, personal information and non-personal information); all content found on, through or in relation to the Platform; all information, communications and statements made on, through or in relation to the Platform (including, without limitation, your express consent to Company sending or otherwise communicating with you via any electronic means or forms, e.g., e-mail, telephone, text message); and/or the Parties’ relationship. The arbitration shall be binding, final and confidential. EACH PARTY ACKNOWLEDGES AND AGREES THAT SUCH PARTY IS WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS THE MEMBER OF A CLASS IN ANY PURPORTED CLASS ACTION PROCEEDING.
263b.  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.
264c.  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. The arbitration shall be held in Dallas, 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.
265d.  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) 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, 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.
266e.  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, however, 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.
267f.  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 located in the State of Texas, Harris County, Texas, United States of America and the United States federal courts in the Southern District of Texas, for the litigation of said Dispute, and covenant and agree that neither of the foregoing is an inconvenient venue or forum.
268g.  Waiver of Jury Trial and Class Action.  REGARDLESS OF WHETHER A PARTICULAR DISPUTE IS SUBJECT TO ARBITRATION OR LITIGATION, 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 PROCEEDINGS.
26923.  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 a similar page of the Platform, as applicable, or by e-mail to the e-mail address associated with your User Account or by posting to your User Account (if any), and shall be deemed effective as of their stated effective dates.
27024.  Relationship.  In no event shall this Agreement, the performance of a Party’s rights or obligations under this Agreement, the Platform, or a Party’s visit to, access of, registration with or use of the Platform create any type of fiduciary, franchise, agency, employment, independent contractor, partnership or joint venture relationship between you or Company.
27125.  Additional Terms for Specific Users.  
272a.  Additional Terms for Providers.  IF YOU ARE A CLINICAL PROVIDER WHO IS UTILIZING THE PLATFORM (A “PROVIDER”), THEN YOU ACKNOWLEDGE AND AGREE THAT (I) YOU WILL BE SOLELY RESPONSIBLE FOR PROCURING FROM YOUR PATIENTS ANY AUTHORIZATIONS REQUIRED BY APPLICABLE LAW TO SHARE THEIR PERSONAL INFORMATION OR ANY PROTECTED HEALTH INFORMATION WITH COMPANY ON OR THROUGH THE PLATFORM, (II) COMPANY IS NOT A MEDICAL OR CLINICAL PRACTITIONER AND YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACTS OF CLINICAL CARE FOR YOUR PATIENTS (INCLUDING THE USE OF APPROPRIATE STANDARDS OF CARE AND APPROPRIATELY ESTABLISHING A PROVIDER-PATIENT RELATIONSHIP), USING YOUR INDEPENDENT CLINICAL DISCRETION, (III) YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE RECORDS AND CUSTODIANSHIP OF YOUR PATIENT MEDICAL RECORDS AND WILL NOT UTILIZE THE PLATFORM AS YOUR METHOD OF RECORDKEEPING FOR PATIENT FILES, AND (IV) YOU WILL INDEMNIFY AND HOLD COMPANY HARMLESS FROM ANY AND ALL LOSSES, DAMAGES, AND OTHER LEGAL LIABILITIES THAT ARISE FROM OR RELATE TO THE FOREGOING CLINICAL ACTIVITIES AND MATTERS (COLLECTIVELY, THE “CLINICAL ACTS”

272).
273b.  Additional Terms for Patients.  IF YOU ARE UTILIZING THE PLATFORM IN YOUR CAPACITY AS A PATIENT OF A PROVIDER (A “PATIENT”), THEN YOU ACKNOWLEDGE AND AGREE THAT (I) COMPANY IS NOT ACTING AS A CLINICAL PROVIDER FOR YOU IN ANY MANNER AND WILL NOT BE PERFORMING ANY CLINICAL ACTS, AND (II) YOU HEREBY FULLY AND FOREVER RELEASE AND DISCHARGE COMPANY FROM ANY AND ALL CAUSES OF ACTIONS, CLAIMS, LIABILITIES, OR OTHER DAMAGES YOU MAY HAVE OR THAT YOU HAVE SUFFERED THAT ARISE FROM OR RELATE TO ANY CLINICAL ACTS.
274c.  Additional Terms for Retail Partner Deployments.  Where the Platform is offered through or on behalf of an eyewear retailer, Company is responsible for presenting the biometric notice and capturing the end user’s affirmative consent within the Platform experience prior to any capture of Biometric Data (as defined in the Privacy Policy), and Company processes Biometric Data as a service provider to such retailer as described in the Privacy Policy’s Biometric Information section.
27526.  Miscellaneous.  
276a.  Excused Performance.  Company is hereby excused for any failure to perform under this Agreement to the extent that its performance is prevented by any reason outside of its reasonable control or that may be characterized as a force majeure event.
277b.  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.
278c.  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.
279d.  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.
280e.  Severability.  If any term or condition of this Agreement is deemed invalid or unenforceable by a court of law or arbitrator (as applicable) with binding authority, then the remaining terms and conditions shall not be affected, and said 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.
281f.  Entire Agreement.  This Agreement, together with those additional terms, conditions, and policies referenced herein and/or made available herein by hyperlink (including, without limitation, the Platform’s Privacy Policy and Biometric Data Retention and Destruction Policy), 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.
28227.  Contact Us.  Please direct any questions you may have about the Platform or this Agreement to Company via email to [email protected] with a subject line of “Website Question.”
283The foregoing contact information may change from time-to-time by supplementation, amendment or modification of this Agreement.
28428.  Last Modified.  This Agreement was last modified on August 12, 2026.`,u={privacy:h,terms:d,biometric:l};function f({doc:o}){const i=a[o],t=u[o];return s.useEffect(()=>{document.title=`${i} — Muse`},[i]),e.jsx("main",{className:"min-h-screen bg-white text-neutral-900",children:e.jsxs("div",{className:"mx-auto max-w-3xl px-6 py-16",children:[e.jsx(n,{to:"/",className:"text-sm text-neutral-500 underline underline-offset-4 hover:text-neutral-900",children:"← hellomuse.io"}),e.jsx("h1",{className:"mt-8 text-3xl font-semibold tracking-tight sm:text-4xl",children:i}),e.jsx("article",{className:"mt-10 whitespace-pre-wrap text-[15px] leading-relaxed text-neutral-800",children:t}),e.jsx(m,{current:o})]})})}function m({current:o}){const i=Object.keys(a).filter(t=>t!==o);return e.jsxs("nav",{className:"mt-16 border-t border-neutral-200 pt-8 text-sm text-neutral-500",children:["Also see"," ",i.map((t,r)=>e.jsxs("span",{children:[e.jsx(n,{to:c[t],className:"underline underline-offset-4 hover:text-neutral-900",children:a[t]}),r===0?" and ":"."]},t))]})}

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