Human Touch® EULA

HUMAN TOUCH SUPER NOVO 3.0 SMART MASSAGE CHAIR

SOFTWARE, SMART FEATURES AND CONNECTED SERVICES AGREEMENT

Effective Date: September 22, 2026

Version 1.0

This Software, Smart Features and Connected Services Agreement ("Agreement") is a legal agreement between you and Human Touch, LLC, a Delaware limited liability company with offices at 4600 E Conant Street, Long Beach, California 90808 ("Human Touch," "we," "us," or "our"). It governs your access to and use of the Software, Voice Features, and Connected Services (collectively, and each individually, the "Services") provided for the Human Touch SUPER NOVO 3.0 smart massage chair (the "Chair"), together with certain responsibilities relating to your use of the Chair and your provision of access to the Chair to other persons.

IMPORTANT NOTICE: BY SELECTING "I AGREE," YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY IT. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES. SECTION 14 CONTAINS A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER AND EXPLAINS YOUR RIGHT TO OPT OUT OF ARBITRATION WITHIN 30 DAYS. SECTIONS 5.6, 11, AND 12 CONTAIN AN ASSUMPTION OF RISK, WARRANTY DISCLAIMERS, AND LIMITS ON HUMAN TOUCH'S LIABILITY. THIS AGREEMENT DOES NOT REPLACE ANY SEPARATE TERMS OF SALE OR LIMITED WARRANTY APPLICABLE TO THE CHAIR HARDWARE.

1. Acceptance and Eligibility

1.1  Electronic Acceptance. You accept this Agreement by selecting "I Agree" through the acceptance process presented with the Chair or Software. Your electronic acceptance has the same legal effect as a handwritten signature, and you consent to receive this Agreement and notices under it electronically. A copy of this Agreement is available at https://www.humantouch.com/pages/end-user-license-agreement; you should retain a copy for your records. If you do not agree, do not use the Services; any right to return the Chair is governed by the terms of sale applicable to your purchase.

1.2  Age, Capacity, and Authority. You may accept this Agreement only if you are at least eighteen (18) years of age and have the legal capacity to enter into a binding agreement, and by accepting it you represent and warrant that you satisfy these requirements. If you accept this Agreement on behalf of a company, organization, or other legal entity, you represent and warrant that you have authority to bind that entity, and references to "you" include that entity.

1.3  Minor Users. The Chair is intended primarily for adult use. Children under thirteen (13) years of age must not use or operate the Chair or Services, and the Services are not directed to them. Individuals between thirteen (13) and seventeen (17) years of age may use the Chair and Services only with the permission and direct supervision of a parent or legal guardian who has accepted this Agreement. That parent or legal guardian agrees to this Agreement on the minor's behalf to the extent permitted by applicable law and is responsible for the minor's use. "Direct supervision" means that the parent or legal guardian remains present, observes the minor's use, and is able to immediately stop operation of the Chair.

1.4  Household Users and Guests. You may permit members of your household and invited guests to use the Chair, subject to this Agreement and the Product Instructions. You are responsible for informing persons whom you permit to use the Chair of material safety warnings and use restrictions, providing any supervision required by this Agreement, and taking reasonable steps to prevent unauthorized, unsafe, or prohibited use. Any adult who is required to separately accept terms in order to activate or use a feature must do so in that person's own capacity.

1.5  Commercial, Workplace, Hospitality, and Shared Use. This Agreement does not authorize commercial or shared use of the Services unless Human Touch expressly authorizes that use in writing or under a separate commercial agreement. If you make the Chair available for use by employees, customers, guests, patients, clients, members, or other third parties in a commercial, workplace, hospitality, healthcare, wellness, fitness, retail, rental, demonstration, or other shared-use environment, whether or not such use is authorized, you are solely responsible for administering access to and use of the Chair in that environment, including providing users with conspicuous notice of applicable eligibility restrictions and safety warnings before use, making the Product Instructions available, preventing use by persons who are ineligible or lack required supervision, keeping the Chair in a safe operating condition, preserving all safety warnings and protective features, and complying with all applicable laws and obtaining any consents, insurance, waivers, or safeguards required for your use environment.

1.6  Changes to this Agreement. We may update this Agreement from time to time. If a change materially affects your rights or obligations, we will provide notice in a manner permitted by applicable law and may require you to accept the updated Agreement before continuing to use affected Services. Changes apply prospectively from their stated effective date. To the extent permitted by applicable law, your continued use of the Services after that date constitutes acceptance of the updated Agreement; if you do not agree, you must stop using the Services. Changes to Section 14 are also subject to Section 14.10.

2. Definitions

"Software" means the software, firmware, applications, interfaces, and related updates or modifications made available by or for Human Touch for use with the Chair, including software made available through the Chair's control tablet.

"Voice Features" means features that permit supported spoken instructions to control or customize available Chair functions, including Command Mode and Customization Mode as described in Section 4.

"Connected Services" means services made available by or for Human Touch that support or enable connected functionality associated with the Chair, Software, or Voice Features.

"Program" means a set of Chair settings or operations. A "Custom Program" is a Program proposed through Customization Mode. A "Saved Program" is a Custom Program that you choose to save for later use.

"Product Instructions" means the user manual, instructions for use, safety warnings, contraindications, directions, and other product documentation provided with or for the Chair, whether in print, through the Chair or Software, or online.

"Privacy Notices" means the Human Touch Privacy Policy and any Human Touch Consumer Health Data Privacy Policy applicable to the Services, each as updated from time to time and available at https://www.humantouch.com/pages/privacy-policy.

"User Content" means information or content that you voluntarily provide through the Services, excluding Human Touch materials, Software, and automatically generated Programs or outputs.

3. License, Ownership, and Restrictions

3.1  License Grant. Subject to your compliance with this Agreement, Human Touch grants you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use the Services with the Chair for personal, non-commercial use, for their intended purposes, and in accordance with the Product Instructions.

3.2  Ownership; Reservation of Rights. The Services are licensed, not sold. Human Touch and its licensors retain all right, title, and interest in and to the Services, associated content and interfaces, Custom Programs, Saved Programs, and other outputs, and all related intellectual property rights, and reserve all rights not expressly granted to you under this Agreement. You may use Saved Programs only in connection with your authorized use of the Chair and Services.

3.3  Restrictions. You may not, and may not permit any other person to:

(a)  copy, modify, adapt, translate, distribute, publicly display, or create derivative works of the Services;

(b)  reverse engineer, decompile, disassemble, decode, or otherwise attempt to derive or discover source code, models, algorithms, prompts, protocols, or non-public technical information, except to the limited extent applicable law expressly permits notwithstanding this restriction;

(c)  circumvent, disable, defeat, interfere with, or bypass any security, safety, access-control, range-limiting, usage-control, or other protective feature;

(d)  access or use the Services through unauthorized devices, interfaces, methods, credentials, or automated means, probe, scan, or test the Services, Chair systems, or related networks, or introduce malicious code or other harmful material;

(e)  use the Services to develop, train, test, benchmark, or improve a competing product, service, model, or technology, except to the extent such restriction is prohibited by applicable law;

(f)  remove, alter, obscure, or circumvent any proprietary notice or attribution; or

(g)  use the Services for commercial or shared use not expressly authorized by Human Touch, in violation of applicable law or this Agreement, or in a manner that infringes, misappropriates, or violates the rights of Human Touch or any third party.

3.4  Third-Party and Open-Source Components. Certain components of the Software may be subject to separate third-party or open-source license terms, which will govern your use of the relevant component to the extent required by those terms.

4. Voice Features and Custom Programs

4.1  Command Mode and Customization Mode. In Command Mode, the Voice Features allow you to use supported spoken commands to control certain available Chair functions. In Customization Mode, the Voice Features allow you to describe certain massage preferences using spoken instructions, which the Software may use to generate a proposed Custom Program using functions and settings available through the Chair. Available commands and functions may vary.

4.2  Automated Technology; Limitations. The Voice Features rely on automated technologies, which may include artificial intelligence; you are interacting with an automated system and not a person. Voice recognition, interpretation, and automated customization may be inaccurate, incomplete, delayed, or unavailable, and the Voice Features may misunderstand an instruction or produce a response or proposed Program that differs from what you intended.

4.3  Confirmation Required; User Responsibility. A Custom Program will not begin until you affirmatively confirm the proposed Program using an available confirmation method. By confirming a Custom Program or starting a Saved Program, you acknowledge that you have reviewed its settings and determined that they are appropriate for your use in light of your circumstances, the Product Instructions, and any advice provided by your healthcare professional. You are responsible for each Program you confirm and for monitoring your use of the Chair. Saved Programs may be modified, removed, or become unavailable, and their continued availability is not guaranteed.

4.4  No Emergency Reliance. The Voice Features are convenience features and are not intended for emergency or safety-critical use. Do not rely on the Voice Features as the sole means of stopping the Chair or responding to an unsafe condition. Before use, familiarize yourself with the available controls and stopping methods described in the Product Instructions.

5. Intended Use, Health, and Safety

5.1  Intended Use; Product Instructions Control. The Chair is intended for massage, relaxation, and temporary relief of minor muscle aches and fatigue, as described in the Product Instructions. Before using the Chair, you must review, and at all times you must comply with, the Product Instructions, including all age, supervision, height, weight, health, physical-condition, duration, and other eligibility, safety, and use requirements, warnings, and contraindications. If this Agreement and the Product Instructions differ concerning safe or proper use of the Chair, the more restrictive requirement applies.

5.2  Not Medical Advice; No Representation of Health Outcomes. The Chair and Services do not provide medical advice, diagnosis, or treatment and are not a substitute for advice from a qualified healthcare professional. The Voice Features are intended solely to facilitate control and customization of available Chair functions and are not intended to diagnose, assess, monitor, prevent, or treat any disease, condition, injury, symptom, pain, or other health concern. Programs, prompts, descriptions, responses, and other information provided through the Chair or Services are provided solely to facilitate use of the Chair; they are not medical, health, therapeutic, or wellness advice or recommendations, and they are not a representation, warranty, or guarantee that a Program or use of the Chair is suitable, safe, or effective for a particular person or will produce any particular health, therapeutic, or wellness result.

5.3  Health and Safety Restrictions. Do not use the Chair if use may be unsafe for you based on your health, physical condition, medical treatment, medication, or other circumstances. If you have a medical condition, are receiving medical treatment, are taking medication that may affect your ability to safely use the Chair, or otherwise have a question or concern about whether use of the Chair is appropriate for you, consult an appropriately qualified healthcare professional before use.

5.4  Stop Use if Necessary. Stop using the Chair immediately if you experience pain, dizziness, numbness, shortness of breath, unusual discomfort, an unexpected operation, or any other adverse effect. You must take reasonable precautions to prevent children, pets, and other persons from interfering with the Chair while it is operating.

5.5  Safety Notices and Corrective Actions. If Human Touch provides a safety notice, corrective-action instruction, recall notice, or direction to stop, limit, or modify use of the Chair or Services, you must promptly follow the applicable instructions. Do not continue use in a manner that Human Touch has identified as unsafe.

5.6  ASSUMPTION OF RISK. YOU ACKNOWLEDGE THAT MECHANICAL MASSAGE APPLIES PHYSICAL FORCE TO THE BODY AND INVOLVES INHERENT RISKS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS ARISING FROM (A) ANY PROGRAM YOU SELECT, CONFIRM, OR SAVE; (B) USE OF THE CHAIR OR SERVICES CONTRARY TO THIS AGREEMENT OR THE PRODUCT INSTRUCTIONS; AND (C) USE OF THE CHAIR BY ANY PERSON YOU PERMIT TO USE IT.

6. Privacy, Voice Data, and Consumer Health Data

6.1  Privacy Notices. Our collection, use, disclosure, retention, and protection of information in connection with the Services are described in the Privacy Notices. The Privacy Notices govern our privacy practices and are not intended to create contractual rights beyond those provided by this Agreement or applicable law unless expressly stated otherwise.

6.2  Voice Data. When the Voice Features are enabled, the Chair's microphone captures spoken audio, which Human Touch and its service providers may record, transcribe, and otherwise process as described in the Privacy Notices. You consent to that capture, recording, and processing. If you do not consent, do not enable or use the Voice Features.

6.3  Consumer Health Data. Use of certain Voice Features may involve information that is considered consumer health data under applicable law. Where required, you may be asked to provide a separate consent before using a feature involving such information, which is governed by its own terms and the Privacy Notices.

6.4  Other Users. If you permit another person to use the Chair or its Voice Features, you are responsible for informing that person, and any other person whose voice may be captured, that use of connected or voice-enabled features may involve the collection, recording, and processing of information as described in the Privacy Notices. You must not permit another person to use such features in violation of applicable law or applicable eligibility, notice, or consent requirements.

7. User Content and Feedback

7.1  User Content. You retain any rights you may have in User Content. You grant Human Touch and its service providers a non-exclusive, worldwide, royalty-free license to host, store, reproduce, modify, process, transmit, display, and otherwise use User Content as reasonably necessary to provide, operate, maintain, secure, troubleshoot, support, and improve the Chair and Services, in each case consistent with applicable law, the Privacy Notices, and any applicable consents.

7.2  Feedback. If you voluntarily provide Human Touch with suggestions, ideas, comments, or other feedback concerning the Chair or Services, you grant Human Touch a perpetual, irrevocable, worldwide, royalty-free, transferable, and sublicensable right to use and exploit that feedback for any lawful purpose without restriction or compensation to you.

8. Updates, Changes to Features, and Third-Party Dependencies

8.1  Updates. The Software may download and install updates automatically from time to time. Updates may add, modify, remove, or improve features or functionality or address performance, safety, compatibility, or security matters, and certain updates may be required for continued use of the Services. You agree to permit the installation of such updates and not to intentionally interfere with required updates.

8.2  Changes to Features and Services. To the maximum extent permitted by applicable law, Human Touch may modify, add, limit, suspend, or discontinue any feature or functionality of the Services at any time. Human Touch does not guarantee that any particular feature, functionality, or Connected Service will remain available for any particular period or that any minimum service level or uptime will apply. Human Touch may offer certain features for a fee, subject to additional terms presented at the time of purchase.

8.3  Internet Connection and Third-Party Dependencies. Certain Services may require an internet connection, which you are responsible for obtaining and maintaining at your own cost. The availability and performance of connected functionality may depend on networks, platforms, systems, or services that are not controlled by Human Touch and may be subject to their providers' separate terms. To the maximum extent permitted by applicable law, Human Touch is not responsible for outages, delays, incompatibilities, or failures caused by such third-party dependencies or by other circumstances beyond its reasonable control.

9. Reporting Problems

9.1  Contact Us. For questions, technical support, or to report a problem with the Chair or Services, contact Human Touch using the contact information in Section 17.10.

9.2  Injuries and Safety Issues. If you experience an injury or become aware of a malfunction or other condition that may present a safety risk, stop using the Chair and contact Human Touch promptly. You agree to preserve the Chair in its then-current condition, give Human Touch a reasonable opportunity to inspect it, and provide information reasonably requested to evaluate the issue, including a description of what occurred and the circumstances surrounding the incident.

10. Term, Suspension, and Termination

10.1  Term; Termination by You. This Agreement begins when you accept it and continues until terminated in accordance with this Section. You may terminate this Agreement at any time by discontinuing your use of the Services.

10.2  Suspension or Termination by Human Touch. To the maximum extent permitted by applicable law, Human Touch may suspend, restrict, or terminate your access to the Services if you violate this Agreement; if action is reasonably necessary for legal, security, safety, operational, or compliance reasons; to investigate suspected misuse; or if an applicable feature or service is modified, suspended, or discontinued.

10.3  Effect of Termination. Upon termination, your rights under this Agreement to use the Services end. Termination does not affect rights or obligations that accrued before termination or any separate rights or obligations concerning the Chair hardware. Provisions that by their nature should survive termination will survive, including provisions concerning ownership, restrictions, assumption of risk, User Content and feedback licenses, disclaimers, limitations of liability, time limits on claims, indemnification, dispute resolution, and governing law.

11. Disclaimer of Warranties

11.1  DISCLAIMER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS. HUMAN TOUCH, ON BEHALF OF ITSELF AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND SUPPLIERS, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, QUIET ENJOYMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. HUMAN TOUCH DOES NOT WARRANT THAT THE SERVICES WILL BE ACCURATE, AVAILABLE, SECURE, COMPATIBLE, OR FREE FROM ERRORS OR VULNERABILITIES, OR THAT ANY FEATURE, PROGRAM, OUTPUT, OR RESULT WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.

11.2  Chair Hardware. Any warranty applicable to the Chair hardware, and any rights or remedies under it, are governed exclusively by the separate limited warranty or other written warranty terms provided with the Chair, if any, and applicable law. Nothing in this Agreement expands any hardware warranty.

11.3  Non-Waivable Rights. Nothing in this Agreement excludes or limits any warranty, right, or remedy that cannot be excluded or limited under applicable law. To the extent an implied warranty cannot be disclaimed, it is limited in duration to the shortest period permitted by applicable law, subject to any greater rights provided by a separate written warranty or non-waivable law.

12. Limitation of Liability

12.1  EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HUMAN TOUCH OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR USE, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF SUCH DAMAGES WERE FORESEEABLE OR HUMAN TOUCH WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2  LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF HUMAN TOUCH AND THE OTHER PARTIES IDENTIFIED IN SECTION 12.1 FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US$100) OR (B) THE AMOUNT, IF ANY, YOU PAID SPECIFICALLY FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS LIMIT APPLIES IN THE AGGREGATE TO ALL CLAIMS, EVENTS, AND THEORIES OF LIABILITY AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE CLAIM.

12.3  TIME LIMIT ON CLAIMS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES, SUBJECT TO TOLLING UNDER SECTION 14.1; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED.

12.4  Non-Excludable Liability. Nothing in this Agreement excludes or limits liability to the extent such liability cannot lawfully be excluded or limited under applicable law. Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you; in those jurisdictions, Human Touch's liability is limited to the maximum extent permitted by applicable law. This Section does not create or expand any duty or liability that would not otherwise exist, waive any defense available to Human Touch, or affect any limitation or exclusion that is otherwise enforceable under applicable law.

12.5  Allocation of Risk. The exclusions and limitations in Sections 11 and 12 are material provisions of this Agreement and reflect the allocation of risk between you and Human Touch. To the maximum extent permitted by applicable law, each exclusion and limitation applies independently of any other provision and will apply even if any limited remedy fails of its essential purpose.

13. Indemnification

13.1  Indemnification. To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Human Touch and its affiliates, and their respective officers, directors, employees, agents, service providers, licensors, successors, and assigns, from and against any third-party claims, actions, proceedings, damages, losses, liabilities, judgments, settlements, costs, and reasonable attorneys' fees arising out of or relating to:

(a)  your breach of this Agreement or failure to comply with applicable Product Instructions, safety requirements, warnings, or use restrictions;

(b)  your misuse of, or unauthorized use of, the Chair or Services, including your use or provision of the Chair in a commercial or shared-use setting;

(c)  your violation of applicable law or infringement or violation of any third party's rights in connection with your use of the Chair or Services; or

(d)  use of the Chair or Services by any person whom you authorize or permit to use them.

13.2  Exclusions. Your obligations under this Section do not apply to the extent a claim results from Human Touch's negligence, willful misconduct, or a defect in the Chair or Services for which Human Touch is legally responsible, or to the extent indemnification is otherwise prohibited by applicable law.

13.3  Defense of Claims. Human Touch may, at its option, assume control of the defense of any matter subject to indemnification under this Section, and you agree to reasonably cooperate in the defense. You may not settle any such claim in a manner that imposes liability, obligations, admissions, or restrictions on Human Touch without Human Touch's prior written consent.

14. Dispute Resolution; Binding Individual Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. EXCEPT AS PROVIDED BELOW, IT REQUIRES YOU AND HUMAN TOUCH TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT. ARBITRATION MEANS THAT YOU AND HUMAN TOUCH WAIVE THE RIGHT TO A JURY TRIAL AND, EXCEPT AS EXPRESSLY PROVIDED BELOW, THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. YOU MAY OPT OUT OF ARBITRATION AS PROVIDED IN SECTION 14.9.

14.1  Informal Resolution. Before initiating arbitration or a lawsuit, the party asserting a dispute must provide the other party with an individualized written notice describing the nature and factual basis of the dispute and the relief requested. A notice from you must include your name and contact information, the Chair serial number if reasonably available, and sufficient information for Human Touch to identify and evaluate the dispute. The notice must be personally signed by you, and if you are represented, may also be signed by your counsel. Notices to Human Touch must be sent to Human Touch, LLC, Attn: Legal Department, 4600 E Conant Street, Long Beach, CA 90808, or to any email address designated by Human Touch for legal notices. Human Touch may send its notice to contact information reasonably associated with you or the Chair. The parties will attempt in good faith to resolve the dispute for sixty (60) days after receipt of a compliant notice, and any applicable limitations period will be tolled during that period. Compliance with this Section 14.1 is a condition precedent to commencing arbitration or a lawsuit.

14.2  Agreement to Arbitrate. Except as expressly provided in this Section, you and Human Touch agree that any dispute, claim, or controversy arising out of or relating to this Agreement, the Chair, the Services, or any related transaction, communication, representation, warranty, privacy practice, or relationship between you and Human Touch will be resolved exclusively through final and binding individual arbitration. This includes claims for personal injury or product liability, claims against Human Touch's affiliates, licensors, service providers, suppliers, or authorized retailers, and claims that arose before you accepted this Agreement. The arbitration will be administered by JAMS under its Streamlined Arbitration Rules and Procedures or Comprehensive Arbitration Rules and Procedures, as applicable, together with the JAMS Consumer Arbitration Minimum Standards in effect when the arbitration is filed. The Federal Arbitration Act governs the interpretation and enforcement of this Section. If JAMS is unavailable or unwilling to administer an arbitration in accordance with this Section, the parties will attempt in good faith to select another nationally recognized arbitration provider, failing which either party may request appointment of an arbitrator or arbitration provider by a court of competent jurisdiction.

14.3  Small Claims and Government Agencies. Either party may bring an individual action in a small claims court of competent jurisdiction if the action qualifies for that court and remains solely an individual action. Nothing in this Section prevents you from reporting a matter to or communicating with a federal, state, or local governmental or regulatory agency.

14.4  Available Relief. Subject to the Class Action Waiver below, the arbitrator may award any individual remedy or relief that would otherwise be available in a court of competent jurisdiction under applicable law. Nothing in this Agreement waives your right to seek public injunctive relief to the extent that right cannot lawfully be waived. A requirement that claims be brought on an individual basis does not prohibit an arbitrator from awarding public injunctive relief where such relief is available under applicable law. If applicable law requires a particular claim or request for relief to be decided by a court rather than an arbitrator, only that claim or request for relief will proceed in court and, to the extent permitted by law, the court proceeding will be stayed pending completion of arbitration of all arbitrable claims.

14.5  Arbitration Procedures and Costs. The arbitration will be conducted by a single neutral arbitrator. Any hearing may be conducted remotely or at a location that does not unreasonably impair your ability to participate, consistent with applicable JAMS requirements. Arbitration fees and costs will be allocated in accordance with the JAMS Consumer Arbitration Minimum Standards and applicable law. Each party will otherwise bear its own attorneys' fees and costs except to the extent an award of attorneys' fees or costs is authorized or required by applicable law. To the extent permitted by the JAMS rules and applicable law, the arbitrator may award fees and costs against a party that asserts a claim or defense that is frivolous or brought for an improper purpose under the standards of Federal Rule of Civil Procedure 11(b). The arbitrator will issue a written award stating the disposition of each claim and the essential findings and conclusions supporting the award. The award will be final and binding, subject only to the limited review permitted by the Federal Arbitration Act or other applicable law, and may be entered as a judgment in any court of competent jurisdiction.

14.6  CLASS ACTION WAIVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND HUMAN TOUCH AGREE THAT EACH MAY ASSERT CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE PROCEEDING. EXCEPT AS PROVIDED IN SECTION 14.7, THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF DIFFERENT PERSONS OR PRESIDE OVER ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THIS PROVISION DOES NOT LIMIT ANY RIGHT TO PUBLIC INJUNCTIVE RELIEF THAT CANNOT LAWFULLY BE WAIVED.

14.7  Mass Arbitrations. If arbitration demands constitute a mass arbitration under the JAMS Mass Arbitration Procedures and Guidelines in effect when the demands are filed, those procedures will apply. JAMS and any appointed Process Administrator may administer, group, batch, or otherwise coordinate the demands as permitted by those procedures. Administrative coordination or grouping does not convert the proceedings into a class action or authorize one claimant to represent another. Except as permitted by applicable law or agreed by the affected parties, a determination of the merits of one claimant's individual claim will not determine the merits of another claimant's individual claim.

14.8  Delegation. Except as provided below, the arbitrator will have exclusive authority to resolve disputes concerning the interpretation, scope, applicability, validity, or enforceability of this Section. A court, and not an arbitrator, will decide disputes concerning whether an agreement to arbitrate was formed, whether a timely opt-out was effective, the enforceability of the Class Action Waiver in Section 14.6, or whether applicable law requires a particular claim or remedy to proceed in court.

14.9  Thirty-Day Opt-Out. You may opt out of this Section by sending Human Touch written notice within thirty (30) days after you first accept this Agreement. Your notice must include your name, contact information, the Chair serial number if reasonably available, and a clear statement that you are opting out of arbitration. The notice must be sent to Human Touch, LLC, Attn: Arbitration Opt-Out, 4600 E Conant Street, Long Beach, CA 90808, or to any email address designated by Human Touch for arbitration opt-outs. A timely opt-out will not affect any other provision of this Agreement.

14.10  Changes to Arbitration Terms. If Human Touch materially changes this Section after you have accepted it, the change will not apply to any dispute for which either party provided written notice before the effective date of the change. You may reject a material change to this Section by providing written notice to Human Touch within thirty (30) days after receiving notice of the change. If you timely reject the change, the version of this Section that you most recently accepted will continue to apply.

14.11  Severability. Except with respect to Section 14.6, if any provision of this Section is determined to be invalid or unenforceable, it will be severed to the minimum extent necessary and the remainder of this Section will remain in effect. If Section 14.6 is determined to be unenforceable with respect to a particular claim or proceeding and the result would otherwise require class, collective, or representative arbitration, the parties agree that they have not consented to such arbitration, and that claim or proceeding will instead be resolved in a court of competent jurisdiction while any remaining arbitrable claims continue in individual arbitration.

15. Governing Law, Venue, and Jury Trial Waiver

15.1  Governing Law. This Agreement and any dispute arising out of or relating to it are governed by the laws of the State of California and applicable federal law, without regard to conflict-of-laws principles. Section 14 is governed by the Federal Arbitration Act. Nothing in this Section limits any non-waivable rights or protections available to you under applicable law.

15.2  Venue. Subject to Section 14 and any non-waivable right to a different forum or venue under applicable law, any judicial proceeding arising out of or relating to this Agreement must be brought exclusively in the state or federal courts located in Los Angeles County, California, and you and Human Touch consent to the personal jurisdiction and venue of those courts. Notwithstanding the foregoing, Human Touch may seek temporary, preliminary, injunctive, or other equitable relief in any court of competent jurisdiction to protect its intellectual property, confidential information, the security of the Services, or other proprietary rights.

15.3  JURY TRIAL WAIVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IF A DISPUTE PROCEEDS IN COURT RATHER THAN IN ARBITRATION FOR ANY REASON, YOU AND HUMAN TOUCH EACH WAIVE ANY RIGHT TO A JURY TRIAL.

16. State-Specific Notices

16.1  California. Under California Civil Code Section 1789.3, California users are entitled to the following notice: the Services are provided by Human Touch, LLC, which may be contacted as provided in Section 17.10. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

16.2  New Jersey. For New Jersey residents, Sections 5.6, 11, 12, and 13 do not limit or exclude (a) liability for Human Touch's intentional, reckless, or grossly negligent conduct; (b) claims under the New Jersey Products Liability Act; (c) punitive damages available under the New Jersey Punitive Damages Act; or (d) attorneys' fees, costs, or damages mandated by statute, including the New Jersey Consumer Fraud Act. Those Sections otherwise apply to New Jersey residents to the fullest extent permitted by New Jersey law.

17. General Provisions

17.1  Entire Agreement. This Agreement, together with any terms expressly incorporated into it by reference, constitutes the entire agreement between you and Human Touch concerning the Services and supersedes all prior or contemporaneous agreements, communications, and understandings concerning those subjects. The purchase, hardware warranty, and other terms applicable to the Chair hardware are governed separately by their own terms; unless those terms expressly provide otherwise, Section 14 applies to disputes within its scope to the maximum extent permitted by applicable law.

17.2  Transfer of the Chair. Your rights under this Agreement are personal to you and do not transfer with the Chair. If you sell, give, or otherwise transfer the Chair to another person, the new owner must separately accept the then-applicable terms before using Services that require acceptance. Before transferring the Chair, you are responsible for removing your information and content using available controls and taking any other transfer or reset steps described in the Product Instructions.

17.3  Assignment. You may not assign or transfer this Agreement or any rights under it without Human Touch's prior written consent. Human Touch may assign or transfer this Agreement, in whole or in part, without your consent, including to an affiliate or in connection with a merger, acquisition, reorganization, financing, sale of assets, or other corporate transaction.

17.4  Severability. Except as otherwise expressly provided in Section 14, if any provision of this Agreement is determined to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law or, if necessary, severed to the minimum extent required, and the remaining provisions will remain in full force and effect.

17.5  No Waiver. Human Touch's failure or delay in exercising or enforcing any right or provision of this Agreement will not constitute a waiver of that or any other right or provision. Any waiver by Human Touch must be in writing and will apply only to the specific instance for which it is given.

17.6  Notices. Human Touch may provide notices under this Agreement through the Chair or Software, electronically using contact information you have provided, by posting through an applicable service, or by another reasonable means permitted by applicable law. You are responsible for keeping contact information you provide current. Notices to Human Touch must be sent using the contact information designated by Human Touch for legal notices.

17.7  Export Controls, Sanctions, and Territory. You may not access, use, export, or transfer the Services in violation of applicable U.S. export control, economic sanctions, or other trade laws, or if applicable law prohibits Human Touch from providing them to you. The Services are offered for use in the United States, and Human Touch makes no representation that they are appropriate or available for use elsewhere.

17.8  Third-Party Beneficiaries. Human Touch's affiliates and the other persons expressly protected by the disclaimers, limitations of liability, indemnification, or dispute resolution provisions of this Agreement are intended third-party beneficiaries of those provisions and may enforce them to the extent permitted by applicable law. Except as expressly provided in this Section, this Agreement does not create any third-party beneficiary rights.

17.9  Interpretation; Language. Section headings are for convenience only and do not affect interpretation. The words "including," "includes," and similar terms mean "including without limitation." This Agreement is provided in English, and to the extent permitted by applicable law, the English-language version controls over any translation provided for convenience.

17.10  Contact. Human Touch, LLC, 4600 E Conant Street, Long Beach, CA 90808, (800) 355-2762, csadmin@humantouch.com, https://www.humantouch.com