SORTED TERMS OF SERVICE

Sorted Household, Inc.

Date of Last Revision: September 28, 2026

Welcome to Sorted!

Acceptance of These Terms of Service

Sorted Household, Inc. (“Sorted,” “we,” “us,” or “our”) provides our services (described below) and related content to you through our website(s) located at https://asksorted.com (the “Site”), through our mobile applications and related technologies (“Mobile Apps”), and through our text messaging service, including SMS and MMS messages (the “Text Messaging Service”), and collectively, such Site, Mobile Apps, and Text Messaging Service, including any updated or new features, functionality and technology, the “Service”). All access and use of the Service is subject to the terms and conditions contained in these Terms of Service (as amended from time to time, these “Terms of Service”). By accessing, browsing, or otherwise using the Site, Mobile Apps, or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you are entering into these Terms of Service on behalf of an organization, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms of Service, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Service.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service (including without limitation any additional terms) at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. You may read a current, effective copy of these Terms of Service by visiting the “Terms of Service” link on the Site and under the “Legal — Terms of Service” section of our Mobile App. We will also notify you of any material changes, either through the Service user interface, a pop-up notice, email, or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Service.

IF YOU ARE ENTERING INTO THESE TERMS OF SERVICE AS AN INDIVIDUAL: PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SORTED ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

YOUR USE OF THE SERVICES MAY REQUIRE YOU TO AGREE TO AUTOMATICALLY RENEWED SUBSCRIPTION TERMS. PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR FINANCIAL RESPONSIBILITY FOR SUCH SUBSCRIPTIONS AND HOW YOU CAN CANCEL THE SUBSCRIPTIONS.

Your Privacy: At Sorted, we respect the privacy of our users. For more information, please see our Privacy Policy, located at https://asksorted.com/privacy-policy and, if and when our Mobile Apps become available, under the “Legal — Privacy Policy” section of our Mobile App (the “Privacy Policy”). By using the Service, you consent to our collection, use and disclosure of personal data and other data as outlined therein.

Additional Terms: In addition, when using certain features through the Service, you will be subject to any additional terms applicable to such features that may be posted on or within the Service from time to time. All such terms are hereby incorporated by reference into these Terms of Service. Such additional terms include Sorted’s SMS/text messaging terms (including the Twilio toll-free messaging program terms set forth below) and, if and when Sorted makes its Mobile Apps available, the applicable Apple App Store and Google Play terms.

Access and Use of the Service

Service Description: The Service is designed to help busy families stay on top of their schedules, activities and to-dos. Families communicate with Sorted primarily by text message (and also by email and other channels), and Sorted, using AI supported by a human team, helps them track what is coming up, plan what needs to happen, and follow through.

Your Registration Obligations: You may be required to register with Sorted or provide information about yourself (e.g., name and email address) in order to access and use certain features of the Service. Today, your mobile phone number serves as your account, and you access the Service using that number; in the future, registration and login may also use a one-time code sent by text message or email and, at your option, sign-in through Google or Apple. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. The Service is offered only to individuals located in the United States, and sign-up accepts U.S. mobile numbers only. If you are under 18 years of age, you are not authorized to use the Service, with or without registering. The Service is intended for adults; children do not use the Service, and parents or guardians provide any information about their children. If we learn that a child has contacted Sorted directly, we will delete that information and discontinue that communication.

Legal Compliance: To access or use the Service, you must be able to form a legally binding contract with us. Accordingly, you represent that you are at least the age of majority in your jurisdiction (e.g., eighteen years old) and have the full right, power, and authority to enter into and comply with these Terms of Service on behalf of yourself and any organization, business or legal entity for which you may access or use the Service. You further represent that you are not a citizen, resident, or member of any jurisdiction or group that is subject to economic sanctions by the United States, or where your use of the Service would be illegal or otherwise violate any applicable Law.

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account details, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Sorted of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Sorted and its current and future affiliates (collectively “Sorted Affiliates”) will not be liable for any loss or damage arising from your failure to comply with this paragraph.

Household Accounts: The Service is provided to a household, which is limited to your family. One adult creates and controls the household account, and one or more additional adults (for example, two co-parents and one or more grandparents) may join the same household. Each additional adult who joins a household opts in to receive text messages on their own. Adults in a household may be able to see the household’s information, including schedules, activities, to-dos, and User Content associated with the household. The adult who controls the household account is responsible for managing who has access to the household and for all activity that occurs under the household account, and you are responsible for your interactions and arrangements with the other members of your household. If the adults in a household separate or no longer agree on the use of the household account, Sorted may, in its sole discretion and to the extent reasonably practicable, take steps such as maintaining, dividing, limiting, or closing access to the household account, but Sorted is not responsible for resolving disputes among members of a household. There is no contact between unrelated families through the Service.

Modifications to Service: Sorted reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Sorted and Sorted Affiliates will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

General Practices Regarding Use and Storage: You acknowledge that Sorted may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on the Sorted’s or its third-party service providers’ servers on your behalf. You agree that Sorted has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Sorted reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Sorted reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Conditions of Access and Use

User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials (“content”) that you make available to Sorted, including by uploading, posting, publishing, or displaying (hereinafter, “upload(ing)”) via the Service or by emailing or otherwise making available to other users of the Service, or granting the Service certain permissions and/or authorizations to upload, access, generate, or produce content on your behalf (collectively, “User Content”). The following are examples of the kinds of content and/or uses that are illegal or prohibited by Sorted. Sorted reserves the right to investigate and take appropriate legal action against anyone who, in Sorted’s sole discretion, violates this provision, including removing the offending content from the Service, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities. You agree to not use the Service to:

• email or otherwise communicate or upload or generate any content that (i) infringes any intellectual property or other proprietary rights of any party (including, without limitation, any rights of privacy); (ii) you do not have a right to upload under any Law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files, scripts, agents or programs designed or intended to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise do harm, including for example worms, time bombs and Trojan horses; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable; (vii) intended to misinform, misrepresent, or mislead; or (viii) in the sole judgment of Sorted, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Sorted or its users to any harm or liability of any type;
• interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
• violate any applicable local, state, national, or international law, or any rule, guidance, or regulations having the force of law (“Laws”);
• impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• solicit personal information from anyone under the age of 18;
• harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
• advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
• further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
• obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service;
• circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Service Content (as defined below)) available on or through the Service, including through the use of virtual private networks; or
• engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by Sorted from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network);
• develop, improve, fine-tune, or refine any of its own or third-party products, algorithms, features, or tools;
• train, retrain, develop, improve, fine-tune, refine, customize, or modify any artificial intelligence system, tool, software or model; or
• operate a service bureau to support or process any content, data, or information of any party other than yourself;
• publicly post User Content, or make User Content available to anyone outside your own household, or use the Service to contact or communicate with any family or household other than your own;
• send us any password or account credentials; you should not send us passwords, and if a password or credential is sent to us, you authorize us to delete it; or
• upload, send, or share any content that you do not have the right to share, including information about other people or photographs that include other people’s children.

Fees; Subscriptions; Auto-Renewal: To the extent the Service or any portion thereof is made available for any fee, the fees for the Services are due at the time of purchase. You may be required to select a payment plan and provide information regarding your credit card or other payment instrument. You represent and warrant to Sorted that such information is true and that you are authorized to use the payment instrument and, if applicable, to charge your method of payment on a periodic basis until you terminate your subscription. You will promptly update your account information with Sorted or Stripe (as defined below), as applicable, of any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Sorted the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Service. If your payment plan includes an ongoing subscription that is automatically renewed periodically, you hereby authorize Sorted (through Stripe) to charge your payment instrument in advance on such periodic basis in accordance with the terms of the applicable payment plan until you terminate your subscription, and you further agree to pay any charges so incurred. You must cancel at least one day before the next subscription renewal date to avoid being charged for the renewal period.

If you believe your account is charged incorrectly, reach out to Sorted immediately, and Sorted will refund you if the charge was processed in error. If you dispute any charges you must let Sorted know within sixty (60) days after the date that Sorted charges you, or within such longer period of time as may be required under applicable Law. We reserve the right to change Sorted’s prices. If Sorted does change prices, Sorted will provide notice of the change through the Service user interface, a pop-up notice, email, or through other reasonable means, at Sorted’s option, at least thirty (30) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You will be responsible for all taxes associated with the Service, other than taxes based on Sorted’s net income.

Payment Processing: Notwithstanding any amounts owed to Sorted hereunder, SORTED DOES NOT PROCESS PAYMENT FOR ANY SERVICES. To facilitate payment for the Service via bank account, credit card, or debit card, we use Stripe, Inc. and its affiliates (“Stripe”), a third-party payment processor. These payment processing services are provided by Stripe and are subject to the Stripe terms and conditions and other policies available at https://stripe.com/legal and Stripe’s Global Privacy Policy available at: https://stripe.com/privacy (collectively, the “Stripe Agreements”). By agreeing to these Terms of Service, users that use the payment functions of the Service also agree to be bound by the Stripe Agreements, as the same may be modified by Stripe from time to time. You hereby authorize Stripe to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact Stripe for more information. Sorted assumes no liability or responsibility for any payments you make through the Service.

Discounts: All discounts, including initial term discounts, applied to a subscription to the Services will not apply to any future subscription renewals unless Sorted otherwise agrees in writing, and Sorted may charge the then-current undiscounted rate for the Services for such subsequent subscription renewals. You acknowledge that discounts are not intended to be repeated or replicated for your affiliates.

No-Charge Products: FROM TIME TO TIME, YOU MAY HAVE THE OPTION TO PARTICIPATE IN A PROGRAM WITH SORTED WHERE YOU GET TO USE TRIAL AND/OR NO-CHARGE PRODUCTS, FEATURES OR DOCUMENTATION (COLLECTIVELY, “NO-CHARGE PRODUCTS”) OFFERED BY SORTED. THE NO-CHARGE PRODUCTS ARE NOT GENERALLY AVAILABLE AND ARE PROVIDED “AS IS”. SORTED DOES NOT PROVIDE ANY INDEMNITIES, SERVICE LEVEL COMMITMENTS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE NO-CHARGE PRODUCTS. EITHER YOU OR SORTED MAY TERMINATE YOUR ACCESS TO THE NO-CHARGE PRODUCTS AT ANY TIME.

Refunds and Cancellations: Sorted is currently free to use during its pilot. If and when Sorted offers paid subscriptions, the following applies: you may cancel your subscription at any time by texting us, by emailing us at support@asksorted.com, or through your account settings. Cancellation takes effect at the end of your then-current billing period, and you will continue to have access to the paid features until the end of that period. Except where otherwise required by applicable Law, payments are non-refundable, and Sorted does not provide refunds or credits for partial billing periods. If you believe you have been billed in error, please contact us at support@asksorted.com within sixty (60) days after the date of the charge. Any refunds or credits are provided at Sorted’s discretion, unless otherwise required by applicable Law.

Limited Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, download, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works of or from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is only for your personal use.

Mobile Services and Software

Mobile Services: The Service includes certain services that are available via a mobile device, including (a) the ability to upload content to the Service via a mobile device, (b) the ability to browse the Service and the Site from a mobile device, and (c) the ability to access certain features and content through Mobile Apps (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. The Mobile Apps are not currently available. Sorted anticipates offering iOS and Android Mobile Apps in the future, and the Mobile App, Mobile Services, and app-store terms set forth in these Terms of Service will apply to those Mobile Apps if and when Sorted makes them available.

Telephonic Communications Services: Text messaging is the primary way you use the Service. By using the Service and providing us with your telephone number(s), you consent to be contacted by Sorted and its Sorted Affiliates by text message, SMS and/or MMS message, and, where applicable, by telephone or other electronic means, for service, informational, transactional, and account-related purposes relating to your household’s use of the Service, even if your telephone number(s) is registered on the National Do Not Call List, a state Do Not Call List, or the internal Do Not Call List of Sorted or Sorted Affiliates. Sorted sends service (informational) messages only, such as reminders, weekly plans, schedule conflicts, and other updates about your own household. Sorted does not send marketing or promotional text messages; any product announcements or upgrade offers are sent by email or in the app. You may be required to respond to an initial message as instructed to complete your registration and confirm enrollment to receive such messages. In the event you no longer wish to receive such messages, you agree to notify Sorted directly or to reply “STOP” as described below. In the event you change or deactivate your telephone number, you agree to promptly update your Sorted account information to ensure that your messages are not sent to a person that acquires your old telephone number.

There is no additional charge for telephonic communications, but your carrier’s standard message and data rates apply to any calls, text messages, SMS or MMS messages you send or receive. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. We are not liable for any delays in the receipt of, or any failures to receive, any calls, text messages, SMS or MMS messages, as delivery is subject to effective transmission by your mobile carrier and compatibility of your mobile device. Please contact your mobile carrier if you have any questions regarding these issues or your mobile data and messaging plan.

By replying to any text, SMS, or MMS message you receive from us, you may text “STOP” to cancel or “HELP” for customer support information. If you choose to cancel text, SMS, or MMS messages from us, you agree to receive a final message from us confirming your cancellation. Because text messaging is the primary way you use the Service, texting “STOP” will stop Sorted’s text messages to you and may limit or prevent your ability to use the Service. Texting “STOP” does not, by itself, cancel any paid subscription; to cancel a paid subscription, follow the steps described in “Refunds and Cancellations” above.

Telephone Consumer Protection Act (“TCPA”): Sorted’s text messaging program is called “Sorted” and is supported by a Twilio toll-free number. By using the Service, you consent to receive informational and service-related SMS and/or MMS text messages from us (the “Text Service”), even if you have opted in to the National Do Not Call List, any state Do Not Call List, or the internal Do Not Call List of any business or entity. You may be required to respond to an initial message as instructed to complete your registration and confirm enrollment in the Text Service. Message frequency varies depending on your activity using the Service. Text messages are service (informational) messages only and may include notices, alerts, reminders, weekly plans, schedule conflicts, and other updates about your household’s use of the Service. Sorted does not send marketing or promotional text messages through the Text Service. You do not have to participate in the Text Service in order to use the Services, although text messaging is the primary way the Service works. In the event you no longer want to participate in the Text Service, you agree to notify us directly or to text “STOP.” In the event you change or deactivate your mobile telephone number, you agree to promptly update your Sorted account information to ensure that your messages are not sent to the person that acquires your old number. There is no additional charge for the Text Service, but message and data rates may apply, and your mobile carrier’s standard message and data rates apply to any messages you send or receive through the Text Service, including confirmations and subsequent texts. Your carrier may prohibit or restrict certain mobile features, and certain mobile features may be incompatible with your carrier or mobile device. Mobile carriers are not liable for delayed or undelivered messages, and we are not liable for any delays in the receipt of, or any failures to receive, any SMS or MMS messages, as delivery is subject to effective transmission by your mobile carrier and compatibility of your mobile device. Please contact your mobile carrier if you have any questions regarding these issues or your mobile data and messaging plan. As described in the Text Service enrollment and welcome messages, or by reply to any message you receive from us, you may text “STOP” to cancel or “HELP” for help. You may also reach out to support@asksorted.com or +1 812-785-6185 with any questions. If you choose to cancel your Text Service, you agree to receive a final text message from the Text Service confirming your cancellation.

Mobile App License: Subject to these Terms of Service, Sorted hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to (a) install the Mobile App on one mobile device and (b) use the Mobile App for your own personal use solely to access and use the Service. For clarity, the foregoing is not intended to prohibit you from installing the Mobile App on another device on which you also agreed to these Terms of Service. Each instance of these Terms of Service that you agree to in connection with downloading a Mobile App grants you the aforementioned rights in connection with the installation and use of the Mobile App on one device.

Ownership; Restrictions: The technology and software underlying the Service or distributed in connection therewith are the property of Sorted, Sorted Affiliates, and their licensors (including the Mobile Apps, the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, or sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Sorted.

Special Notice for International Use; Export Controls: Sorted is headquartered in the United States. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the Laws of your specific jurisdiction. Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export Laws. Downloading, accessing, or using the Software or Services is at your sole risk. In addition, information that Sorted publishes in connection with the Services may contain references or cross references to products, programs and services that are not announced or available in your country. Such references do not imply that Sorted intends to announce such products, programs or services in your country. Consult Sorted for information regarding the products, programs and services which may be available to you.

Third-Party Distribution Channels: Sorted offers Software that may be made available through the Apple App Store, the Google Play Store, or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of the Service, you agree to comply with all applicable terms of any agreement for such third-party products and services.

Apple-Enabled Software: With respect to Mobile Apps that are made available for your use in connection with an Apple-branded product (the, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:

• Sorted and you acknowledge that these Terms of Service are concluded between Sorted and you only, and not with Apple Inc. (“Apple”), and that as between Sorted and Apple, Sorted, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
• You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the Apple Media Services Terms and Conditions.
• Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the “Usage Rules” set forth in the Apple Media Services Terms and Conditions, except that such Apple-Enabled Software may be accessed and used by other accounts associated with the purchaser via Apple’s Family Sharing or volume purchasing programs.
• Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
• Apple is not responsible for any product warranties, whether express or implied by Law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software, if any, to you; and, to the maximum extent permitted by applicable Law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, which will be Sorted’s sole responsibility, to the extent it cannot be disclaimed under applicable Law.
• Sorted and you acknowledge that Sorted, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including: (a) product liability claims; (b) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
• In the event of any third-party claim that the Apple-Enabled Software or your possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Sorted and Apple, Sorted, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
• You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
• If you have any questions, complaints, or claims with respect to the Apple-Enabled Software, they should be directed to Sorted as follows:
  support@asksorted.com
  +1 812-785-6185
  450 Elanco Circle
  Indianapolis, IN 46221
• You must comply with applicable third-party terms of agreement when using the Apple-Enabled Software, e.g., your wireless data service agreement.
• Sorted and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof.

Google-Sourced Software: The following applies to any Mobile App you download from the Google Play Store (“Google-Sourced Software”): (a) you acknowledge that these Terms of Service are between you and Sorted only, and not with Google, Inc. (“Google”); (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms of Service; (c) Google is only a provider of Google Play where you obtained the Google-Sourced Software; (d) Sorted, and not Google, is solely responsible for Sorted’s Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms of Service; and (f) you acknowledge and agree that Google is a third-party beneficiary to these Terms of Service as it relates to Sorted’s Google-Sourced Software.

Open Source Software: The Software may contain or be provided together with open source software. Each item of open source software is subject to its own license terms, which can be found at: https://asksorted.com/open-source. If required by any license for particular open source software, Sorted makes such open source software, and Sorted’s modifications to that open source software (if any), available by written request to support@asksorted.com. Copyrights to the open source software are held by the respective copyright holders indicated therein.

Intellectual Property Rights

Service Content: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and Laws. Except as expressly authorized by Sorted, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content that you upload to or make available through the Service in accordance with these Terms of Service. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.

Trademarks: The Sorted name and logos are trademarks and service marks of Sorted (collectively the “Sorted Trademarks”). Other business, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Sorted. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Sorted Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Sorted Trademarks will inure to our exclusive benefit.

Third-Party Material: Under no circumstances will Sorted or any Sorted Affiliate be liable in any way for any content or materials of any third parties (including users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Sorted does not pre-screen content, but that Sorted and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Sorted and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Sorted, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

User Content: You represent and warrant that you own, or otherwise have all necessary rights, licenses, consents, and permissions to provide and share, such User Content, including the right to share any information about other people and any photographs or other materials that include other people or other people’s children that you provide to us. You hereby grant Sorted and Sorted Affiliates a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license to host, store, copy, display, upload, distribute, and modify your User Content (including any name, username, voice, image or likeness incorporated therein or otherwise provided by you) solely as necessary to operate, provide, maintain, secure, and improve the Service for you and your household. Your User Content stays private to your household and the Sorted team, and Sorted does not use your User Content for advertising or marketing purposes. You should not send us passwords or account credentials; if you do, you authorize us to delete them, and we may do so. You assume all risk associated with your User Content and the transmission of your User Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of your User Content. For the avoidance of doubt, to the extent permitted by applicable Law, you agree that we may use and disclose de-identified and/or aggregated information for any lawful purpose in accordance with our Privacy Policy, and that you have no interest in such information. We use machine learning and other artificial intelligence (AI) technologies (“AI Technologies”), together with human review by our team, to interpret your messages, photos, voice notes, and emails and to help track schedules and tasks and to draft replies, reminders, and plans. Our AI providers are contractually prohibited from using your User Content or other user data to train their own models, and Sorted does not license user data for third-party AI training.

You hereby authorize Sorted and Sorted Affiliates and their its third-party service providers to collect and analyze User Content and other data and information relating to the Service and related systems and technologies and derive statistical and usage data relating thereto (collectively, “Usage Data”). Sorted and Sorted Affiliates may use Usage Data for any purpose in accordance with applicable Law and our Privacy Policy.

Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service (“Submissions”), provided by you to Sorted or any Sorted Affiliate are non-confidential and Sorted and Sorted Affiliates will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.

You acknowledge and agree that Sorted may preserve User Content and may also disclose User Content if required to do so by Law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable Laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Sorted, its users, or the public. You understand that the technical processing and transmission of the Service, including your User Content, may involve (x) transmissions over various networks; and (y) changes to conform and adapt to technical requirements of connecting networks or devices.

Copyright Complaints: Sorted respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Sorted of your infringement claim in accordance with the procedure set forth below.

Sorted will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property Laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Sorted’s Copyright Agent at support@asksorted.com (Subject line: “DMCA Takedown Request”). You may also contact the Copyright Agent by mail at:

450 Elanco Circle, Indianapolis, IN 46221

To be effective, the notification must be in writing and contain the following information:

• a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
• identification of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works or other intellectual property are covered by a single notification, a representative list of such works or other intellectual property;
• identification of the content that is claimed to be infringing or to be the subject of infringing activity, and where the content that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the Law; and
• a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or are authorized to act on the behalf of the owner of the copyright or intellectual property that is allegedly infringed.

Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the Law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:

• your physical or electronic signature;
• identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• a statement by you, made under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content to be removed or disabled; and
• your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the Southern District of Indiana and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Sorted will send a copy of the counter-notice to the original complaining party informing them that Sorted may replace the removed content or cease disabling it within ten (10) business days. Unless the owner of the applicable copyrighted work or other intellectual property files an action seeking a court order against Sorted or the user, the removed content may be replaced, or access to it restored, within ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.

Repeat Infringer Policy: In accordance with the DMCA and other applicable Law, Sorted has adopted a policy of terminating, in appropriate circumstances and at Sorted’s sole discretion, the accounts of users who are deemed to be repeat infringers. Sorted may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Third-Party Services and Websites

The Service may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties (the “Third-Party Services”). Additionally, you may enable or log in to the Service via various online Third-Party Services, such as social media and social networking services (including via the Service). Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. Some Third-Party Services will provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating Third-Party Services and our use, storage and disclosure of information related to you and your use of such Third-Party Services within the Service, please see our Privacy Policy. Sorted has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You, and not Sorted or any Sorted Affiliate, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. Sorted enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Service are between you and the third party. Sorted and Sorted Affiliates will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services. Sorted researches and recommends third-party providers such as camps, activities, and similar providers, but Sorted does not sell, book, or provide those third-party providers’ goods or services and is not responsible for them; any dealings you have with such a provider are solely between you and that provider. Sorted works with partners in connection with operating and offering the Service. We may share aggregated or de-identified information with those partners; those partners do not use family data for marketing, and they do not have access to information that identifies your family except with your permission.

Indemnification

To the extent permitted under applicable Law, you agree to defend, indemnify, and hold harmless Sorted and Sorted Affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “Sorted Parties”) from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service, or your violation of any rights of another. Sorted will provide notice to you of any such claim, suit, or proceeding. Sorted reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Sorted’s defense of such matter. You may not settle or compromise any claim against the Sorted Parties without Sorted’s written consent.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SORTED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

THE SORTED PARTIES MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ORIGINAL, UNIQUE, ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

AI Outputs: THE SERVICE USES AI TECHNOLOGIES, TOGETHER WITH HUMAN REVIEW, TO HELP INTERPRET YOUR COMMUNICATIONS AND TO GENERATE REMINDERS, SCHEDULES, PLANS, DRAFTS, AND OTHER OUTPUTS. AI CAN MAKE MISTAKES AND MAY PRODUCE INACCURATE, INCOMPLETE, OR OUTDATED INFORMATION. YOU ARE RESPONSIBLE FOR REVIEWING AND CONFIRMING IMPORTANT INFORMATION, INCLUDING DATES, DEADLINES, REGISTRATIONS, AND COSTS, AND YOU SHOULD NOT RELY SOLELY ON THE SERVICE OR ITS AI-GENERATED OUTPUTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SORTED PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY MISSED, DELAYED, INCORRECT, OR INCOMPLETE REMINDERS, NOTIFICATIONS, SCHEDULES, PLANS, OR OTHER OUTPUTS.

No Professional Advice: THE SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE. THE SERVICE DOES NOT PROVIDE MEDICAL, LEGAL, FINANCIAL, OR OTHER PROFESSIONAL ADVICE, AND YOU SHOULD NOT RELY ON THE SERVICE OR ITS OUTPUTS FOR ANY MEDICAL, LEGAL, FINANCIAL, OR OTHER PROFESSIONAL DECISION. YOU SHOULD CONSULT A QUALIFIED PROFESSIONAL BEFORE MAKING ANY SUCH DECISION.

Not a Medical Service: THE SERVICE IS NOT A MEDICAL OR HEALTHCARE SERVICE. SORTED DOES NOT ASK FOR HEALTH INFORMATION; HOWEVER, IF YOU CHOOSE TO SHARE HEALTH-RELATED INFORMATION (FOR EXAMPLE, ALLERGIES, DIETARY NEEDS, MEDICATIONS, OR MEDICAL NOTES ON ACTIVITY OR CAMP FORMS) SO THAT SORTED CAN HELP COORDINATE A TASK, YOU DO SO VOLUNTARILY. SORTED IS NOT A HEALTHCARE PROVIDER, DOES NOT PROVIDE MEDICAL ADVICE, AND YOU SHOULD NOT RELY ON THE SERVICE FOR ANY MEDICAL DECISION.

Beta and Pilot Services: The Service is currently offered on a free, pilot basis. Some features may be provided as beta, pilot, preview, or other pre-release features (“Beta Services”). BETA SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” MAY CONTAIN ERRORS OR INACCURACIES, MAY BE CHANGED OR DISCONTINUED AT ANY TIME, AND ARE PROVIDED WITHOUT ANY WARRANTIES OR SERVICE-LEVEL OR SUPPORT COMMITMENTS OF ANY KIND.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SORTED PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE SORTED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THE SORTED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID SORTED IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SORTED PARTIES WILL NOT BE LIABLE FOR ANY MISSED, DELAYED, INCORRECT, OR INCOMPLETE REMINDERS, NOTIFICATIONS, SCHEDULES, PLANS, OR OTHER AI-GENERATED OR HUMAN-ASSISTED OUTPUTS, OR FOR ANY DECISIONS MADE OR ACTIONS TAKEN OR NOT TAKEN IN RELIANCE ON THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “INDEMNIFICATION,” “DISCLAIMER OF WARRANTIES,” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

Dispute Resolution By Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

FOR USERS ENTERING INTO THESE TERMS OF SERVICE AS INDIVIDUALS:

Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Sorted, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and Sorted are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND SORTED AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SORTED AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

Pre-Arbitration Dispute Resolution

Sorted is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@asksorted.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Sorted should be sent to 450 Elanco Circle, Indianapolis, IN 46221 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Sorted and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Sorted may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Sorted or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Sorted is entitled.

Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Service and applicable Law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless Sorted and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, Sorted agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. To the extent any Arbitration Fees are not specifically allocated to either Sorted or you under the AAA Rules, Sorted and you shall split them equally; provided that if and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Sorted will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sorted will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Service will continue to apply.

Future Changes to Arbitration Agreement

Notwithstanding any provision in these Terms of Service to the contrary, Sorted agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending Sorted written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

FOR USERS ENTERING INTO THESE TERMS OF SERVICE ON BEHALF OF AN ENTITY:

You and Sorted intend that these Terms of Service are to be construed and enforced in accordance with the Laws of the State of Indiana without regard to any conflict-of-law or choice-of-law rules, and that the rule of construction that provides that a document is construed against the maker thereof be inapplicable in the construction of any of the terms of these Terms of Service. Any dispute, claim, or controversy arising out of or relating in any way to these Terms of Service or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined through confidential binding arbitration in Marion County, Indiana before one arbitrator. The confidential binding arbitration shall be administered by AAA pursuant to its commercial arbitration rules, and you and Sorted shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing. Judgment on the award may be entered in any court having jurisdiction.

Termination

You agree that Sorted, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including for lack of use or if Sorted believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service, may be referred to appropriate law enforcement authorities. Sorted may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Sorted may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Sorted and Sorted Affiliates will not be liable to you or any third party for any termination of your access to the Service.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service, and Sorted and Sorted Affiliates will have no liability or responsibility with respect thereto. Sorted reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

General

These Terms of Service (together with the terms incorporated by reference herein) constitute the entire agreement between you and Sorted governing your access and use of the Service, and supersede any prior agreements between you and Sorted with respect to the Service. Without limiting the foregoing, there will be no force or effect to any different terms of any related purchase order or similar form even if signed by the parties after the date hereof. You also may be subject to additional terms and conditions that may apply when you use Third-Party Services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of Indiana without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Sorted submit to the personal and exclusive jurisdiction of the state and federal courts located within Marion County, Indiana. The failure of Sorted to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or Law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Sorted, but Sorted may assign or transfer these Terms of Service, in whole or in part, without restriction. Sorted may also transfer, assign, or novate the Service and your account information and other user data to a successor entity, including an entity into which Sorted or the Sorted business is reorganized, an entity that acquires all or substantially all of the Sorted business or assets, or an entity to which the Sorted business is otherwise transferred, and you consent to any such transfer. Sorted may in the future be reorganized into or operated through a separate legal entity, and these Terms of Service, the Service, and your account information and other user data may be transferred to that entity. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service. Sorted will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond Sorted’s reasonable control.

Notice for California Users

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at dca@dca.ca.gov; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us at Sorted Household, Inc., 450 Elanco Circle, Indianapolis, IN 46221 or +1 812-785-6185.

U.S. Government Restricted Rights

The Service is made available to the U.S. government with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Access or use of the Service (including the Software) by the U.S. government constitutes acknowledgement of our proprietary rights in the Service (including the Software).

Questions? Concerns? Suggestions?

Please contact us at support@asksorted.com or 450 Elanco Circle, Indianapolis, IN 46221 to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.

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