Terms of Service

These Terms of Service (this “Agreement”) are a binding contract between you and The Red Building Group LLC (“The Red Building Group,” “TRBG”, “we,” or “us”). Daimond AI is an iOS application that enables users to interact with an artificial intelligence assistant through text and voice interfaces, using your own API keys for various AI services. The application and its features are collectively referred to in these Terms as the "app". Using the app, users can create and manage conversations, customize an AI personality, and utilize voice capabilities. This Agreement governs your access to and use of the app. The Red Building Group LLC ("TRBG", "we", or "us") is making the app available to you. Before you use the app or any of its features, however, you will need to agree to these Terms of Service and any terms and conditions incorporated herein by reference (collectively, these "Terms").

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND A CLASS ACTION/JURY TRIAL WAIVER THAT REQUIRE, UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS IN SECTION 15(B), THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTION OR PROCEEDING.

THIS AGREEMENT TAKES EFFECT WHEN YOU DOWNLOAD AND USE THE APP, OR BY ACCESSING OR USING THE SERVICES (THE “EFFECTIVE DATE”). BY ACCESSING OR USING THE APP YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND, IF ENTERING INTO THIS AGREEMENT FOR AN ORGANIZATION, THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT ORGANIZATION; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.

IF YOU DO NOT AGREE TO AND ACCEPT THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

1. DEFINITIONS

“Feedback” means any communications or materials sent directly to TRBG by any means, suggesting or recommending changes to the app, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, ideas, or the like, about the app.

"User Content" means content in the app that you generate through third-party AI services using your own API keys provided to you through your own AI service accounts.

2. THE APP

A. To use the app, you must: Have a compatible iOS device; Have an Apple ID account; maintain valid subscription status if you subscribe to Daimond Pro; Provide your own API keys for third-party services; Grant necessary device permissions for app functionality. You acknowledge that this Agreement is concluded between you and TRBG only, not with Apple. This Agreement does not conflict with the Apple Media Services Terms and Conditions.

B. The app provides various features including: Text and voice conversations with an AI assistant; Local storage of conversations; Voice capabilities through various providers; Smart features for task automation; Customization options for an AI personality; Backup and restore functionality.

C. TRBG neither owns nor controls the third-party AI services, voice providers, or other external services that you might access or use in connection with the app. AI-generated responses may be inaccurate, incomplete, or inappropriate and should not be relied upon as professional advice. TRBG will NOT be liable for the acts or omissions of any such third parties, nor will TRBG be liable for any damage that you may suffer because of your use of third-party services.

D. You are responsible for: Maintaining the security of your account; Managing and securing your API keys; Ensuring you have necessary rights to use third-party services; Ensuring no harm results from the use or non-use of User Content; Backing up your data; Maintaining valid subscription status if you subscribe to Daimond Pro.

3. OWNERSHIP; LICENSE; RESTRICTIONS

A. License Grant. Subject to your compliance with these Terms, TRBG grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: Download and install the app on Apple-branded devices that you own or control; Access and use the app through other accounts associated with your Apple ID via Family Sharing or volume purchasing; Use the app in accordance with these terms and the Usage Rules set forth in the Apple Media Services Terms and Conditions; Create and store conversations and customizations within the app.

B. Restrictions. You agree NOT to, and you will not permit others to: License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the app; Copy or use the app for any purpose other than as permitted under the limited license; Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the app; Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of TRBG or its affiliates.

4. INTELLECTUAL PROPERTY AND THIRD-PARTY CONTENT

A. Content Generation and Responsibility. User Content in the app is generated through third-party AI services using your API keys provided to you through your own AI service provider accounts. You are solely responsible for content you generate through the app and the consequences of generating it through the app. TRBG does not create, store, host, or maintain any User Content. Content ownership and rights are governed by your agreements with the respective AI service providers.

B. Copyright and Intellectual Property Claims. i. Third-Party Services. Claims regarding AI-generated content should be directed to the respective AI service providers. Each AI service provider maintains its own procedures for handling intellectual property claims. You agree to comply with the intellectual property policies of all third-party services you access through the app. ii. User Responsibility. You are responsible for ensuring your use of the app and AI services complies with applicable intellectual property laws. You agree not to use the app to knowingly infringe upon any third-party intellectual property rights. You acknowledge that TRBG is not responsible for reviewing, monitoring, or validating the intellectual property status of any content generated through the app.

C. Reporting Concerns. If you have intellectual property concerns: For content generated by AI services, contact the respective service provider directly. TRBG reserves the right to suspend access to the app for users who repeatedly violate intellectual property rights or misuse the services.

D. Intellectual Property Rights. These Terms do not grant you any rights to use TRBG's trademarks, logos, domain names, or other brand features. Your submissions of any feedback, comments, or suggestions about the app are voluntary and TRBG will be free to use such feedback at our discretion without any obligation to you. Third-party services are owned by their respective companies and are not affiliated with TRBG.

5. ACCEPTABLE USE POLICY

A. Prohibited Uses. You agree NOT to use the app to: violate any applicable laws or regulations; create competing products or services; damage, disable, overburden, or impair our services; extract data from the app through automated systems or software; engage in any harmful, harassing, or abusive purposes; engage in any unlawful, fraudulent, or deceptive practices; harass, abuse, threaten, or defame any person or entity; promote discrimination, bigotry, racism, hatred, or harm against any individual or group; generate or distribute spam, malware, or other harmful content; infringe or violate intellectual property rights of others; generate content that is pornographic, obscene, or explicitly sexual; create or distribute false or misleading information; impersonate others or provide false information; attempt to gain unauthorized access to any service, account, or system; interfere with or disrupt the app's operation; automate interactions; use the app for military or weapons end uses.

B. Content Guidelines. All content submitted to the app must: Comply with all applicable laws and regulations; Respect intellectual property rights; Not contain malicious code or harmful components; Not violate any third-party rights or agreements; Not be used for unauthorized commercial purposes.

6. EXPORT CONTROLS AND INTERNATIONAL USE

A. Export Laws. The app and its underlying technology may be subject to U.S. export control laws. You agree to: Not export or re-export the app in violation of these laws; Not use the app in any embargoed countries; Comply with all applicable international laws and regulations; Obtain any necessary export licenses or permissions; Not use the app for prohibited end uses.

C. International Use. You are responsible for compliance with local laws. TRBG makes no representation regarding international availability. TRBG may limit access from certain countries or regions.

7. AGE RESTRICTIONS

A. Adult Use Only. The app is intended for use by individuals 18 years or older. Minors are expressly prohibited from using the app. Parents/guardians are responsible for minor's access. We do not knowingly collect data from minors.

B. Age Verification. You represent and warrant that you are at least 18 years old. Misrepresentation of age is grounds for termination.

8. SUBSCRIPTION AND PAYMENTS

A. Subscription Terms. The app is free to use. Daimond Pro is an optional paid subscription that unlocks additional features; a subscription is not required to use the app. Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period. Subscription prices and terms may change, with notice provided prior to changes taking effect. Continued use after changes constitutes acceptance. No refunds will be provided for unused subscription periods.

B. Payment Processing. All payments are processed through Apple's App Store. TRBG is not responsible for any payment processing issues or disputes. You agree to pay all fees and applicable taxes associated with your subscription. In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the app. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the app.

9. THIRD-PARTY SERVICES AND API KEYS

A. Third-Party Services. The app integrates with various third-party services. You are responsible for your accounts with third-party service providers, including but not limited to API usage and costs. You must comply with all third-party terms of service. TRBG is not responsible for any third-party services or their availability. TRBG may modify or discontinue support for any third-party service at any time.

B. API Keys. You are responsible for obtaining and maintaining valid API keys. You must comply with all usage terms and conditions for API services. TRBG is not responsible for any costs associated with your API usage. You must keep your API keys secure and confidential.

C. Voice and Audio Features. Voice and Audio Features If you choose to use voice input, the app may access your device microphone to capture audio for speech recognition. Audio input may be processed using Apple's speech recognition services or other voice providers that you configure with your own API keys. When third-party voice services are used, audio data is transmitted directly from your device to the selected provider and is subject to that provider's privacy policy.

D. On-Device AI Model. The app includes the option to download and use Google's Gemma language model for on-device AI processing. Use of the Gemma model is subject to the Gemma Terms of Use at ai.google.dev/gemma/terms and the Gemma Prohibited Use Policy at ai.google.dev/gemma/prohibited_use_policy. By downloading and using the on-device AI model, you agree to be bound by those terms. The on-device model is provided "as is" without warranty. TRBG is not responsible for the accuracy, completeness, or suitability of on-device AI outputs.

10. WARRANTY DISCLAIMER

THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE APP IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE RED BUILDING GROUP OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, THE RED BUILDING GROUP, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT RESULTING FROM, OR DOWNLOADED OR OTHERWISE OBTAINED THROUGH, THE USE OF THE SERVICES IS DOWNLOADED AND USED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LIABILITY ARISING THEREFROM TO THE EXTENT NOT EXPRESSLY SET FORTH OTHERWISE HEREIN, INCLUDING ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.

FURTHER, THE RED BUILDING GROUP DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND THE RED BUILDING GROUP WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

11. INDEMNIFICATION

You shall defend, indemnify and hold harmless TRBG and its officers, directors, employees, subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your use of third-party services or API keys; (iii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iv) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (v) your violation of any applicable law, rule or regulation; (vi) User Content or any content that is submitted by you including without limitation misleading, false, or inaccurate information; (vii) your willful misconduct; or (viii) any other party’s access and use of the app.

12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE RED BUILDING GROUP BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY: (i) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (ii) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (iii) LOSS OF GOODWILL OR REPUTATION; (iv) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; (v) DAMAGES RELATING TO API USAGE OR COST; (vi) DAMAGES RELATING TO THIRD-PARTY SERVICES; OR (vii) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER THE RED BUILDING GROUP WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. UNDER NO CIRCUMSTANCES WILL THE RED BUILDING GROUP BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RED BUILDING GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (vii) CUSTOMER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

IN NO EVENT WILL THE RED BUILDING GROUP, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO THE RED BUILDING GROUP UNDER THIS AGREEMENT IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $4.99 USD, WHICHEVER IS GREATER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE RED BUILDING GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

13. SERVICE AVAILABILITY AND MODIFICATIONS

A. Service Availability. The app may be unavailable during maintenance periods. We do not guarantee uninterrupted or error-free service. Third-party service interruptions may affect functionality. We may modify or discontinue features without notice.

B. Modifications. We may change, suspend, or discontinue any aspect of the app. We may impose limits on features or restrict access. We will provide reasonable notice of material changes. No liability for modifications or discontinuation.

C. Maintenance and Support. TRBG is solely responsible for providing maintenance and support services for the app. Apple has no obligation to furnish any maintenance or support services with respect to the app. For technical issues related to the app itself, complete the support form linked from https://daimondai.com.

14. TERMINATION

A. TRBG may terminate or suspend your access to the app: For any violation of these Terms; To comply with legal requirements; For app modification or discontinuation; For any reason with reasonable notice.

B. Upon termination: Your license to use the app will end; You must cease all use of the app; No refunds will be provided; Sections on ownership, liability, indemnification, and dispute resolution survive termination.

15. GOVERNING LAW, ARBITRATION, CLASS ACTION/JURY TRIAL WAIVER

A. Governing Law. You agree that: (i) the Services shall be deemed solely based in Duval County, Florida, The United States of America; and (ii) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Florida. This Agreement shall be governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) governs the interpretation and enforcement of the Arbitration Agreement in Section 15(B) and preempts all state laws to the fullest extent permitted by law. If the FAA is found to not apply to any issue that arises from or relates to the Arbitration Agreement, then that issue shall be resolved under and governed by the law of Duval County, Florida. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in Florida for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Florida is the proper and exclusive forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

B. Arbitration. Read this Section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from TRBG. This Arbitration Agreement applies to and governs any dispute, controversy, or claim between you and TRBG that arises out of or relates to, directly or indirectly: (i) this Agreement, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (ii) access to or use of the Services, including receipt of any advertising or marketing communications; (iii) any transactions through, by, or using the Services; or (iv) any other aspect of your relationship or transactions with TRBG, directly or indirectly, as a consumer (“Claim” or collectively, “Claims”). The Arbitration Agreement shall apply, without limitation, to all Claims that arose or were asserted before or after your agreement to this Agreement.

If you are a new Daimond AI user, you can reject and opt-out of this Arbitration Agreement within 10 days of accepting this Agreement by emailing TRBG at legal@theredbuildinggroup.com with your first and last name and stating your intent to opt-out of the Arbitration Agreement. Note that opting out of this Arbitration Agreement does not affect any other part of this Agreement, including the provisions regarding controlling law or in which courts any disputes must be brought.

For any Claim, you agree to first contact us at legal@theredbuildinggroup.com and attempt to resolve the dispute with us informally. In the unlikely event that TRBG has not been able to resolve a Claim after sixty (60) days, we each agree to resolve any Claim exclusively through binding arbitration by AAA before a single arbitrator (the “Arbitrator”), under the Expedited Procedures then in effect for AAA (the “Rules”), except as provided herein. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement shall control. AAA may be contacted at www.adr.org, where the Rules are also available. The arbitration will be conducted in Duval County, Florida, unless you and TRBG agree otherwise. If you are using the Services for commercial purposes, each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Services for non-commercial purposes: (i) AAA may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from AAA; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You and TRBG agree that the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Agreement, any provision of the Agreement, is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel.

Nothing in this Section shall be deemed as: preventing TRBG from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights; or preventing you from asserting claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances on only an individual (non-class, non-representative) basis.

If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement shall be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall be stayed pending the outcome of any individual claims in arbitration.

C. Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AND THE RED BUILDING GROUP AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER THE RED BUILDING GROUP USERS. YOU AND THE RED BUILDING GROUP FURTHER AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND THE RED BUILDING GROUP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER.

D. Limitation of Time to File Claim. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM SHALL BE WAIVED AND PERMANENTLY BARRED.

16. MODIFICATIONS TO TERMS

TRBG may modify these Terms at any time by posting updated Terms in the app or on our website. Your continued use of the app after such changes constitutes acceptance of the modified Terms.

17. FORCE MAJEURE

Neither party shall be liable for any failure or delay in performance due to circumstances beyond reasonable control, including: Natural disasters or acts of God; War, terrorism, or civil unrest; Government actions or changes in law; Internet or telecommunications failures; Power outages or system failures; Labor disputes or shortages; Cyber attacks or security breaches; Pandemic or public health emergencies; Third-party service provider failures.

18. MISCELLANEOUS

A. Entire Agreement/Severability. This Agreement shall constitute the entire agreement between you and TRBG concerning the Services. Except as otherwise stated in Section 15(B), if any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. The invalidity, illegality, or unenforceability of any provision herein does not affect any other provision herein or the validity, legality, or enforceability of such provision in any other jurisdiction.

B. No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and TRBG’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Any failure to act by us with respect to a breach of this Agreement by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches.

C. Assignment. This Agreement, and any rights and licenses granted hereunder, is personal to you and may not be assigned or transferred for any reason whatsoever without our prior written consent and any action or conduct in violation of the foregoing will be void and without effect. We expressly reserve the right to assign this Agreement and to delegate any of its obligations hereunder.

19. THIRD-PARTY BENEFICIARY.

You and TRBG acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary. Except as otherwise provided herein, no other person or company shall be a third-party beneficiary to this Agreement.

20. CONTACT INFORMATION

For questions about these Terms, contact us at: The Red Building Group LLC, PO Box 2518, Jacksonville, FL 32203, legal@theredbuildinggroup.com

Last Updated: August 30, 2026