TERMS OF SERVICE

Last Updated: November 2, 2026

These Terms of Service (“Terms”) apply to your access to and use of the websites, mobile applications, and other online products and services (collectively, “Services”) provided by Clapper Media Group Inc. (“Clapper” or “we”). By downloading, installing, accessing, posting to, interacting with, or using our Services, you agree to these Terms, including the express consent to communications monitoring and tracking technologies in Section 1, and the mandatory arbitration provision, class action waiver, individualized pre-arbitration notice requirement, and one-year limitations period in Section 21, and to each of the following, which are incorporated into these Terms by reference: our Privacy Policy, our Community Guidelines, Copyright Policy, Cookie Policy, Biometric Data Consent and Policy, and any additional terms applicable to the monetization features described in Section 12. If you do not agree to these Terms, do not download, install, access, post to, interact with, or use our Services.

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes by updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.

If you have any questions about these Terms or our Services, please contact us at contact@clapperapp.com.

1. Privacy

For information about how we collect, use, share, and otherwise process information about you, please see our Privacy Policy.

You expressly consent, as a condition of your access to and use of the Services, to the interception, access, recording, monitoring, storage, transmission, disclosure, and analysis of your communications and interactions with and within the Services, by Clapper and by the analytics, advertising, measurement, attribution, infrastructure, fraud-prevention, and payment providers described in our Privacy Policy, including through cookies, pixels, tags, and software development kits operating on your device, at the time those communications occur and on an ongoing basis. You agree that Clapper and each of those providers are parties to those communications for all purposes, and that this consent is given by all parties to those communications. This consent is given before, and is effective from, your first access to or use of the Services, and continues until you withdraw it. You may withdraw or limit it prospectively at any time using the privacy controls in the Services, by adjusting your device or browser settings, or as described in the “Your Choices” section of our Privacy Policy. If you are in the European Economic Area, the United Kingdom, Switzerland, Brazil, or Quebec, this paragraph does not apply to you. We do not rely on your acceptance of these Terms as consent for advertising, for analytics, or for any access to or storage of information on your device. We rely only on the separate consent you give through the consent prompt in the Services, which you may refuse or withdraw at any time without any effect on your access to the Services.

2. Eligibility

You must be the older of 18 years of age or the age of legal majority in your jurisdiction to use our Services. We may use commercially reasonable methods to confirm that you meet this age requirement, including at account registration and account review, and we may suspend or terminate your account if we are unable to confirm it or if we have reason to believe you are under 18 (or the age of legal majority in your jurisdiction). If you are under 18 years of age (or the age of legal majority where in your jurisdiction), you may not use our Services. If you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or that person or entity violates these Terms, that person or entity agrees to be responsible to us.

3. User Accounts and Account Security

You may need to register an account to access some of our Services. If you register an account, you must provide accurate account information and promptly update that information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. As part of our security procedures, you must treat your account credentials as confidential, and you must not disclose your account credentials to any other person or entity. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claims, including trademark rights, in those usernames.

You shall not buy, sell, or transfer any aspect of your account (including your username). You agree that your account is not transferable, by operation of law or otherwise, and that in the event of your death, incapacity, or unavailability, we may terminate any rights to your account or User Content.

You can deactivate your account by notifying and asking us to take measures to suspend the login and use of your account. In connection with such a request, we may ask you to provide information that allows us to confirm that the request is made by you or by a person authorized to act for you, and we may decline to act on a request that we are unable to attribute to you. Nothing in this Section limits your rights under applicable privacy law or the manner in which we handle requests made under those laws, which is described in our Privacy Policy.

We reserve the right to suspend, block, or terminate your account at any time, immediately and without notice, if we believe activities associated with your account violate these Terms or otherwise pose a danger to Clapper, the Services, other users, or any third party. Further, if your account has not been used for more than six months, we reserve the right to suspend, close, retrieve, or replace your account, or delete or de-identify all records associated with your account.

If you choose to deactivate or delete your account, or your account is terminated by us, you may not be able to retrieve any content or information associated with your account. We recommend that you separately save copies of any User Content or other information associated with your account that you wish to retain.

4. User Content

Our Services may allow you and other users to create, transmit, post, store, and share content, including messages, text, photos, videos, audio (including musical works and non-musical works), and other materials (collectively, “User Content”). Except for the license and authority you grant below, you retain all rights in and to your User Content, as between you and Clapper.

You grant Clapper and its subsidiaries, affiliates, and service providers a non-exclusive, royalty-free, worldwide, fully paid, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display your User Content and any name, username, or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others. Other users’ access to User Content is limited to the features made available within Clapper. For any music or other audio you upload, you grant Clapper a worldwide, sublicensable license to make that audio available for in-app reuse by other users in creating their own content. You represent and warrant that you have all rights necessary to grant this license.

You appoint Clapper as your authorized agent and attorney-in-fact for the limited purpose of protecting your User Content against unauthorized use by third parties outside the Services. That authority includes the authority, on your behalf and as a person authorized to act on behalf of the owner of an exclusive right, to: submit notices of claimed infringement under the Digital Millennium Copyright Act or any equivalent law; send demand, cease-and-desist, or takedown communications to any person, and to their hosting providers, content delivery networks, domain registrars, search engines, application stores, advertising networks, and payment processors; make complaints to any platform, marketplace, or regulator; and take any other step reasonably incidental to those actions. You may withdraw this authority prospectively and in respect of your User Content not then the subject of enforcement action, by contacting us at legal@clapperapp.com. Withdrawal does not affect anything already done.

You represent and warrant that you hold all rights necessary to grant the license above, and that your User Content and our authorized use will not violate any rights or cause injury. We have no duty to monitor User Content, and we cannot ensure the prompt removal of objectionable material, but we may remove, disable, or mute any content or audio track at any time, for any reason, and without notice, including for suspected or actual infringement or as required by law. We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, even if you access them through the Services.

5. Prohibited Conduct and Content

You may not violate these Terms, the Community Guidelines, any applicable law, contract, intellectual property right, or other third-party right, nor commit any tortious acts, and you are solely responsible for your conduct while using our Services. In particular, you will not:

You also may not post or otherwise share User Content that is confidential and/or that you do not have all necessary rights to disclose. You may not create, post, store, or share any User Content that:

6. Ownership; Limited License

The Services, including the text, graphics, images, photographs, videos, illustrations, software, functionality, and other content contained therein, are owned by Clapper or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Services for your own personal and where Clapper makes monetization features available to you, for the commercial purposes expressly permitted by Clapper. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein, and will violate our intellectual property rights.

7. Trademarks

Clapper and our logos, our product or service names, our slogans, and the look and feel of the Services are trademarks and intellectual property rights of Clapper, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All third-party trademarks, registered trademarks, product names, company names, or logos mentioned on the Services are the property of their respective owners.

8. Feedback

You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about Clapper or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in Clapper’s sole discretion. You understand that Clapper may treat Feedback as non-confidential. This Section does not apply to User Content or to any submission made through a process established under Section 9 or Section 10.

9. Repeat Infringer Policy; Copyright Complaints

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted and strictly impose our Repeat Infringer Policy (outlined in our Community Guidelines and Copyright Policy) against the accounts of users who repeatedly post, repost, or share content that violates, infringes, or misappropriates any patent, trademark, trade secret, copyright, or other intellectual property right of another person, entity, or brand. We permanently ban users who we determine to be repeat infringers in applicable circumstances of these Terms and our other policies, including our Community Guidelines and Copyright Policy. Clapper also may take actions in accordance with Enforcement A or B, outlined in our Community Guidelines.

If you believe that anything on our Services infringes any copyright that you own or control, you may notify Clapper’s DMCA Notice Department as follows:

Edison
Clapper Media Group Inc.

2601 State Hwy 121 Building 1 Suite 102

Lewisville,  TX  75056

United States

Phone: +1 (302) 538-9028

Email: legal@clapperapp.com

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification.

If your User Content was removed or disabled in response to a notice of claimed infringement and you believe the removal was the result of a mistake or misidentification, you may submit a counter-notification to the address above. Your counter-notification must comply with 17 U.S.C. § 512(g)(3) and must include: your physical or electronic signature; identification of the material that has been removed or disabled and the location at which it appeared before removal; a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and your name, address, and telephone number, together with a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located, or, if your address is outside the United States, for any judicial district in which Clapper may be found, and that you will accept service of process from the person who provided the notice of claimed infringement or an agent of that person.

Please note that if you knowingly materially misrepresent that any activity or material on our Services is infringing, or that any material was removed or disabled by mistake or misidentification, you may be liable for damages.

10. Non-Consensual Intimate Imagery

Clapper prohibits the publication of intimate visual depictions of an identifiable individual, including digital forgeries and other depictions generated or altered by artificial intelligence, where the depicted individual has not consented to publication.

If you are an identifiable individual appearing in such a depiction on the Services, or a person authorized to act on that individual’s behalf, you may request its removal by emailing contact@clapperapp.com. Your request should include: a physical or electronic signature; identification of the depiction and information reasonably sufficient for us to locate it; a brief statement that you have a good faith belief that the depiction was not consensual and any relevant information for us to determine that the depiction was published without your consent; and contact information at which we can reach you.

On receipt of a valid request, we will remove the depiction within 48 hours, and we will make reasonable efforts to identify and remove any known identical copies of such depiction.

Requests submitted under this Section will be handled in accordance with our Privacy Policy. We may retain a record of the request and of the depiction to the extent necessary to prevent re-publication, to comply with law, and to respond to legal process.

11. Third-Party Content

We may provide information about third-party products, services, activities, or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Clapper does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk. The Services are supported by advertising. We may display advertisements provided by third-party advertising networks and their advertisers, including advertisements selected using information about your device and your use of the Services as described in our Privacy Policy, and we may introduce, change, or remove advertising at any time. We do not control, endorse, or verify, and are not responsible for, the content of any third-party advertisement or any transaction between you and an advertiser. Each advertisement is identified as an advertisement and, where required, identifies the advertiser and the person on whose behalf it is displayed, and provides, from the advertisement itself, the main parameters used to determine that it is shown to you and a means of changing them. We do not display advertising targeted on the basis of profiling that uses special categories of personal data.

12. Monetization Features

We may make available features that allow you to purchase virtual items, to send and receive virtual gifts, to subscribe to or charge for access to content or group chats, to sell products through Clapper Shop, and to receive payments in connection with your use of the Services (collectively, “Monetization Features”). Your use of the Monetization Features is subject to these Terms.

“Virtual Content” means the virtual items, virtual currency, digital goods, virtual assets, balances, coins, gifts, or in-app features made available through the Services. Virtual Content is a limited, personal, non-exclusive, revocable, non-transferable, non-sublicensable license to access digital content and functionality within the Services. It is not money, a deposit, stored value, a gift instrument, personal property, or legal tender; it earns no interest; it has no value outside the Services; it creates no property or ownership rights in you; and it is not redeemable for cash except through the payout mechanisms we expressly make available. When you purchase Virtual Content, the purchase price is paid to Clapper, or to the applicable app store, as consideration for the license described above, the purchase is final, and you retain no interest in or claim to those funds. When you send Virtual Content to another user, no funds are transferred between users; your license is extinguished and the recipient earns a contractual right to compensation from Clapper, calculated by reference to that activity and paid from Clapper’s own funds as a share of our revenue. Clapper does not hold, transmit, or act as custodian of funds on behalf of any user. We may modify or adjust Virtual Content, and may suspend or revoke Virtual Content in accordance with Section 17 or where required by law. If we discontinue a Monetization Feature, we will refund or credit the unused Virtual Content you have purchased, except where Section 17 applies.

Where you sell products or content through Clapper Shop, you sell as principal and not as our agent. You are solely responsible for the products and content you offer, for the accuracy of your listings, for fulfilment, returns, warranties, taxes, and for compliance with all laws applicable to your sales, including consumer protection, product safety, and advertising disclosure laws. We may require you to provide, and to keep current, identifying, contact, banking, and tax information, and we may suspend your selling activity if you do not.

We may deduct fees, taxes, refunds, chargebacks, and amounts arising from fraudulent, reversed, or disputed transactions from amounts otherwise payable to you, and we may withhold or delay a payout where we reasonably suspect fraud, unauthorized activity, a breach of these Terms, or where you have not provided the identifying, banking, and tax information we reasonably require. You are responsible for all taxes arising from amounts you receive, and you authorize us to report amounts paid to you to tax authorities and to withhold where required by law.

If you are a consumer in the European Economic Area or the United Kingdom, you have a right to withdraw from a purchase of Virtual Content within 14 days. By purchasing Virtual Content and requesting immediate access to it, you expressly consent to immediate performance and acknowledge that you lose that right of withdrawal once performance has begun.

If you are a consumer in Brazil, you may cancel a purchase within 7 days of the purchase date.

13. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Clapper, our parent companies, subsidiaries, licensors, service providers, and our and their affiliates, and each of our respective officers, directors, agents, partners, and employees (individually and collectively, the “Clapper Parties”) from and against any losses, liabilities, claims, demands, damages, expenses, or costs (“Claims”) arising out of or related to: (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these Terms or the Community Guidelines; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. We will promptly notify you of any third-party Claim for which we seek indemnification under this Section, and you will cooperate with the Clapper Parties in defending such Claims, and pay all reasonable fees, costs, and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Clapper Parties will have control of the defense or settlement, at Clapper’s sole option, of any third-party Claims.

14. Disclaimers

Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Clapper does not represent or warrant that our Services are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

15. Limitation of Liability

To the fullest extent permitted by applicable law, Clapper and the other Clapper Parties will not be liable to you under any theory of liability, whether based in contract, tort, negligence, strict liability, warranty, or otherwise, for any indirect, consequential, exemplary, incidental, punitive, or special damages, or lost profits, even if Clapper or the other Clapper Parties have been advised of the possibility of such damages. Without limiting the foregoing, and to the fullest extent permitted by applicable law, Clapper will not be liable for any loss or damage caused by a distributed denial-of-service attack, virus, or other technologically harmful material arising from your use of the Services, from items obtained through the Services, or from your downloading of any material posted on the Services or any site linked to them.

The total liability of Clapper and the other Clapper Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of (a) $100.00 and (b) the amount paid by you to us to use our Services in the 12 months preceding the event giving rise to the claim. This limitation does not apply to Clapper’s obligation to pay amounts properly due to you under Section 12, or to any liability that cannot be limited or excluded under applicable law.

The limitations set forth in this Section will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of Clapper or the other Clapper Parties, or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

16. Release

To the fullest extent permitted by applicable law, you release Clapper and the other Clapper Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” Nothing in this Section operates as a waiver of any right that cannot be waived under applicable law.

17. Fraudulent or Suspicious Activity

In the event of any suspected or confirmed Payment Abuse or any other potentially fraudulent or suspicious activity and/or transactions, Clapper reserves the right, in its sole discretion and without prior notice or liability to you, to take various actions, including but not limited to the following:

(a) Immediately cancel, revoke, or degrade any traffic boosts, promotional reach, badges, algorithmic distribution, or Virtual Content generated through or associated with the underlying transaction;

(b) Suspend or freeze your Virtual Content or pending cash-outs pending the completion of investigations, limited, where commercially practicable, to an amount reasonably calculated to cover the disputed or improper transactions, potential chargebacks, payment processor fees, and associated damages, provided that Clapper reserves the right to freeze all of your Virtual Content and pending cash-outs where systemic, repeated, or platform-wide fraud is reasonably suspected;

(c) Assess an administrative fee equal to fees such as processing fees and chargeback penalties levied against Clapper by payment gateways or merchant financial institutions resulting from the underlying transaction; and

(d) Deduct, set off, or recoup the full value of any chargeback, transaction reversal, processor chargeback fee, associated damages, and unearned Creator payout against any current or future Virtual Content or pending cash-outs held in your account balance, virtual ledger, or payout account across any account under your common ownership or control.

All Virtual Content represent a limited, non-exclusive, revocable, non-transferable, and non-sublicensable license to access specific software functionality. Clapper reserves the right to modify, adjust, freeze, or revoke such licenses at any time in accordance with these Terms. Clapper shall have no liability to you for any loss of earnings, reach, or virtual assets resulting from actions taken under this Section.

18. Notices; Electronic Communications

You agree that communications and transactions between us may be conducted electronically. You consent to receive from us all communications, agreements, notices, and disclosures relating to these Terms and the Services in electronic form, including by email to the address associated with your account, by notification within the Services, or by posting to our website. You agree that these electronic communications satisfy any legal requirement that a communication be in writing. You may withdraw this consent by closing your account. It is your responsibility to keep the email address associated with your account current.

19. Contact Point and EU Legal Representative

Our single point of contact for recipients of the Services and for authorities of the European Union and its Member States is contact@clapperapp.com, and communications may be in English.

20. Content Moderation, Notices, and Complaints

We moderate User Content using a combination of automated systems and human review, in order to enforce these Terms, our Community Guidelines, and applicable law. Automated systems are used to detect content that may breach these Terms and to prioritise it for review; decisions to remove content or restrict an account are subject to human review on request.

If you consider that content on the Services is illegal, you may notify us at contact@clapperapp.com, giving sufficiently substantiated reasons, the exact electronic location of the content, your name and email address, and a statement that you believe in good faith that the information in the notice is accurate and complete. We will confirm receipt, handle your notice in a timely, diligent, non-arbitrary, and objective manner, and inform you of our decision and of the means of challenging it.

Where we remove or restrict your User Content, suspend your access to a monetization feature, or suspend or terminate your account, we will give you the reason for that decision, unless we are prohibited by law from doing so. You may challenge the decision by contacting us at contact@clapperapp.com within six months, and we will review it without undue delay under human supervision. In reviewing such a decision, we may ask you to provide information or media reasonably necessary for us to verify your identity or your age, and we may use automated technology to assess what you provide. If you prefer not to provide it, we will decide the review on the information otherwise available to us.

21. Dispute Resolution; Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. It requires you to resolve disputes with Clapper by individual arbitration, it waives your right to a jury trial and to participate in any class or representative proceeding, and it requires you to send us an individualized notice and take part in an informal resolution conference before starting an arbitration. You may opt out within 30 days.

Scope. This Section applies to all disputes, claims, and controversies between you and Clapper arising out of or relating in any way to these Terms, the Services, or your relationship with Clapper, including claims under any privacy, wiretapping, eavesdropping, recording, communications, computer access, consumer protection, or unfair competition law, and including claims that arose, or that are based on facts occurring, before you accepted these Terms. Clapper’s affiliates, officers, employees, service providers, and advertising and analytics partners are intended third-party beneficiaries of this Section.

Informal resolution (condition precedent). Before commencing an arbitration, you must send us an individualized written notice (“Notice”) by email to legal@clapperapp.com. A Notice is effective only if it relates to a single claimant, is signed by that claimant personally, and states: the claimant’s full name, residence address, email address, and telephone number; the username and email address of the claimant’s Clapper account; the approximate dates on which the claimant used the Services; the specific conduct, feature, or technology complained of; the specific relief sought and, where a monetary amount is claimed, how it is calculated; and the identity of the claimant’s counsel, if any. Our Notice to you will be in similar form. Within 60 days after an effective Notice, either party may require a telephone or videoconference settlement conference, which the claimant must attend personally; counsel may also attend. Compliance with this paragraph is a condition precedent to arbitration, the 60-day period does not begin until an effective Notice is received, and either party may seek relief from a court to enforce this paragraph. Any applicable limitations period is tolled while this paragraph is being complied with.

Arbitration; individual basis only. If the dispute is not resolved within 60 days after an effective Notice, either party may submit it to binding individual arbitration administered by JAMS under the JAMS Streamlined Arbitration Rules and Procedures and, in a Mass Arbitration, the JAMS Mass Arbitration Procedures and Guidelines and the accompanying Fee Schedule (together, “JAMS Rules”), which are incorporated by reference in the version in effect when the first Demand for Arbitration is filed. Arbitration will be before one arbitrator, conducted remotely or in Dallas County, Texas, except that a consumer may elect a hearing in their county of residence. You and Clapper waive the right to a jury trial and to have disputes resolved in court. Any dispute is personal to you and Clapper and will be resolved solely through individual action, and will not be brought as a class arbitration, class action, private attorney general action, or any other representative proceeding. The arbitrator may not consolidate or preside over more than one person’s claims, except as the JAMS Mass Arbitration Procedures permit for purposes of administration. The enforceability of this Section is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. The arbitrator has exclusive authority to decide all procedural and substantive issues, including arbitrability, except that whether a Notice is effective and whether the class waiver in this paragraph is enforceable are for a court to decide. Nothing in this Section waives any right or remedy that cannot be waived under applicable law, or prevents you from filing a complaint with any government agency or regulator.

Small claims election. Either party may elect to have an individual claim heard in small claims court in the claimant’s county of residence instead of in arbitration, provided the claim remains individual and within that court’s jurisdiction. An election is made by written notice to the other party and is binding.

Mass Arbitration. A “Mass Arbitration” means 10 or more Demands for Arbitration filed against Clapper or its affiliates within any 12-month period by claimants represented by the same law firm or by law firms acting in coordination, whether filed together or in tranches. The parties agree that the JAMS Mass Arbitration Procedures and Guidelines and the JAMS Mass Arbitration Procedures Fee Schedule apply to any Mass Arbitration, that this paragraph is the parties’ written agreement for purposes of Procedure 1(a), and that the threshold for Procedure 1(c) is 10. The parties consent to the designation of a Process Administrator by JAMS, agree to request such a designation and not to oppose it, and agree that the Process Administrator may determine which Demands form part of the Mass Arbitration, how Demands are batched, grouped or staged, which Demands proceed to a merits hearing first and which are held in abeyance, whether an effective Notice was given in respect of each claimant and the consequences of any failure, and whether fees in respect of Demands held in abeyance are deferred. The Process Administrator’s determinations bind the parties and any arbitrator, including in Demands later determined to form part of the same Mass Arbitration, in each case as provided by those Procedures and limited to administrative determinations. No determination on the merits of any Demand binds any other claimant. Batching or coordination under this paragraph does not make any claim or award other than individual.

Fees. For an arbitration you initiate as a consumer, you will pay the JAMS consumer filing fee, up to a maximum of $250, and Clapper will pay the remaining JAMS fees and costs. For an arbitration initiated by Clapper, Clapper will pay all JAMS fees and costs. In a Mass Arbitration, fees and expenses will instead be assessed under the JAMS Mass Arbitration Procedures Fee Schedule and allocated under Procedure 7, subject to the JAMS Consumer Arbitration Minimum Standards where they apply. Clapper has no obligation to pay any fee in respect of a Demand for Arbitration filed without an effective Notice, or in respect of a Demand held in abeyance, unless and until that Demand proceeds, in each case subject to the JAMS Consumer Arbitration Minimum Standards where they apply. The arbitrator may award fees and costs against any party whose claim or defense the arbitrator finds frivolous or brought for an improper purpose, applying the standards of Rule 11 of the Federal Rules of Civil Procedure.

Limitations period. Any claim arising out of or related to these Terms or our Services must be filed within one year after the claim arose, or within such longer period as applicable law requires; otherwise the claim is permanently barred.

Opt-out. You may opt out of this Section within 30 days of the date you first accepted Terms containing an arbitration provision by emailing legal@clapperapp.com. The notice must include your full name and address and clearly state your intent to opt out of binding arbitration. If you opt out, disputes will be resolved under Section 22. An amendment to this Section does not create a new opt-out right.

Severability. If any part of this Section is unenforceable: (a) that part is severed; (b) severance does not affect the remainder of this Section or either party’s ability to compel individual arbitration of remaining claims; and (c) to the extent any claim must proceed on a class, collective, consolidated, or representative basis, it must be litigated in a court of competent jurisdiction and not in arbitration, and litigation of that claim is stayed pending the outcome of any individual arbitration. If any part of this Section is found to prohibit an individual claim for public injunctive relief, that part has no effect to the extent such relief may be sought outside arbitration, and the remainder of this Section remains enforceable.

If you are a consumer habitually resident in the European Economic Area, the United Kingdom, Switzerland, Brazil, or Canada, this Section does not apply to you, and any dispute will be resolved under Section 22.

22. Governing Law and Venue

Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of Texas, except to the extent pre-empted by U.S. federal law, without regard to conflict of law rules or principles (whether of Texas or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Texas and the United States, respectively, sitting in Dallas County, Texas. Nothing in these Terms limits the protection afforded to you by any provision of the law of your state of residence that cannot be waived or varied by agreement, and to the extent any provision of these Terms conflicts with such a provision, that provision of law prevails to the extent of the conflict.

If you are a consumer habitually resident in the European Economic Area, the United Kingdom, Switzerland, Brazil, or Canada, nothing in these Terms deprives you of the protection of the mandatory provisions of the law of your country of residence, you may bring proceedings in the courts of that country, and we will bring proceedings against you only in those courts.

23. Modifying and Terminating our Services

We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.

24. Miscellaneous

Sections 1, 4, 6 to 8, 11 to 17, 21, 22, and 24 survive any termination or expiry of these Terms.

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

The failure of Clapper to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.

The section titles in these Terms are for convenience only and have no legal or contractual effect.

Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.

In the event of conflict, these Terms prevail over the incorporated policies, save that the Privacy Policy prevails on matters of information handling.

If you are a consumer habitually resident in the European Economic Area, the United Kingdom, Switzerland, Brazil, or Canada, any provision of these Terms that is unfair, or not binding on you, under the consumer protection law of your country of residence does not apply to you to that extent.

Multilingual support provided by AI. For the most accurate information, please refer to the English version in case of any discrepancies or ambiguities.