Terms of Service

These Terms of Service ("Terms") apply to your access to and use of (i) the website located at mediabite.com and all associated web pages (the "Site"), (ii) the Media Bite mobile application (the "App"), and (iii) all related online services, including the “Bite Account” prepaid wallet and content access platform (collectively with the Site and App, the "Services"), each provided by Media Bite, Inc. ("Media Bite," "we," "our," or "us"), a Delaware corporation with principal offices in Santa Clara, California. As used in these Terms, “Publisher Content” means any article, video, audio, research data, course, game, or other digital content made available for purchase on a per-item basis by a third-party publisher through the Services; and “Bite” means a single per-item purchase of Publisher Content made through the Services, whether by a Tier 0 one-time tap-to-pay transaction or by using your Bite Account balance.

We may indicate that different or additional terms, conditions, guidelines, policies, or rules apply in relation to some of our Services (“Supplemental Terms”). Any Supplemental Terms become part of your agreement with us if you use the applicable Services, and if there is a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will control for that conflict.

We may make changes to these Terms. The “Last Updated” date above indicates when these Terms were last changed. If we make future changes, we may provide you with notice of such changes, such as by sending an email, providing a notice through our Services, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must immediately stop using our Services. Any material change to the payment terms governing your Bite Account, including changes to transaction fees or wallet funding terms, will be communicated to you by email at least thirty (30) days prior to taking effect.

Eligibility and Use Restrictions

Age. The Services are not directed to anyone under 18 years of age, and users under 18 years of age (or the age of legal majority where you live) may not use our Services. Media Bite does not knowingly collect personal information from anyone under 18 and will delete such information if discovered. If you are a parent or guardian and you believe that your child under the age of 18 is using our Services without your consent, please contact us at support@mediabite.com.

Jurisdiction. You may only use our Services in jurisdictions authorized by Media Bite. Use of our Services is currently authorized only in the United States.

Personal Use. You may only use our Services for personal, family or household purposes and expressly excluding any commercial use. Your Bite Account is personal to you.

Access Tiers. The Services are available through three access tiers: (i) Tier 0, a one-time tap-to-pay purchase of a single Bite without an account; (ii) Tier 1, a pre-funded Bite Account wallet; and (iii) Tier 2, a verified account for higher limits or additional features.

Your Information

You may provide certain information to Media Bite in connection with your access or use of our Services, or we may otherwise collect certain information about you when you access or use our Services. You agree to receive emails, SMS or text messages, and other types of communication from Media Bite via the Services using the email address or other contact information you provide in connection with the Services. You represent and warrant that any information that you provide to Media Bite in connection with the Services is accurate. Media Bite does not sell or share personal information for cross-context behavioral advertising, does not use user data for targeted advertising, and does not operate an advertising business. For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.

Accounts

Account Creation. You do not need to create an account to complete a single Tier 0 one-time tap-to-pay purchase of a Bite. You must create a Bite Account to use Tier 1 pre-funded wallet features, and you must have a verified account to use Tier 2 features, including higher limits or additional features. You may not share your account credentials or permit any other person to access or use your Bite Account. Each individual must maintain their own separate Bite Account. You will promptly update any information contained in your account if it changes. You must use a strong password for your account that is unique to our Services and not used by you in any other website or online service. You must maintain the security of your account, as applicable, and promptly notify us if you discover or suspect that someone has accessed your account without your permission. We reserve the right to reject, require that you change, or reclaim usernames, including on behalf of businesses or individuals that hold legal title, including trademark rights, in those usernames.

Bite Account. A Tier 1 Bite Account allows you to pre-fund a closed-loop balance and apply that balance only toward the purchase of individual Bites. Tier 2 provides a verified account for higher limits or additional features. Your Bite Account balance is not a bank deposit, does not earn interest, and is not insured by the FDIC or any governmental agency. Pre-funded balances are held by Stripe’s regulated banking partner as custodian. Media Bite does not hold or take custody of funds and maintains only the record of the balance. Media Bite is not a bank, money transmitter, or money services business. Stripe provides payment processing for the Bite Account, and your use of the Bite Account and related payment features is also subject to Stripe’s terms of service, which will be made available to you at the time of account creation. The balance is non-transferable, may be used only to purchase Bites, and is not redeemable for cash except for the unused-balance refund available upon closure of your Bite Account under Section 7.

Fee Disclosures. Information about fees associated with your Bite Account, including any transaction fees, is available within the Services prior to account creation and at any time thereafter.

Identity Verification. Tier 2 requires identity verification for access to higher limits or additional features. Media Bite may require identity verification for other activities only where required by applicable law, including applicable financial recordkeeping or anti-money-laundering requirements. Media Bite will not require an account or identity verification for a Tier 0 one-time tap-to-pay purchase except to the extent required by applicable law. We may use third-party identity verification services to verify your identity. You agree to provide accurate and complete information in connection with any verification request. Media Bite may limit or suspend your ability to use Tier 2 features or complete a transaction for which verification is required pending completion of any required verification. Failure to complete required verification may result in suspension or termination of your Bite Account.

User Content

General. Our Services may allow you to submit certain content, including account profile information, feedback, and any other materials you voluntarily submit through the Services (collectively, "User Content"). When you submit User Content through our Services, you understand that your User Content may be visible to Media Bite and, where applicable, to other users.

License. Except for the license you grant below, as between you and Media Bite, you retain all rights in and to your User Content. You grant Media Bite a limited, non-exclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, and publicly perform and display your User Content. Media Bite reserves the right to remove any User Content at any time and for any reason, including for violations of these Terms or applicable law, without notice to you.

Prohibited Conduct

You will not use our Services if you are not eligible to use our Services in accordance with Section 1 and will not use our Services other than for their intended purpose. Further, you will not, in connection with our Services:

• Violate any applicable law, contract, intellectual property right, or other third-party right or commit a tort;

• Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;

• Use or attempt to use another user's account or information without authorization from that user and Media Bite;

• Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;

• Copy, reproduce, distribute, publicly perform, or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;

• Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;

• Use our Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services or that could damage, disable, overburden, or impair the functioning of our Services in any manner;

• Reverse engineer any aspect of our Services or do anything that might discover or reveal source code, or bypass or circumvent measures employed to prevent or limit access to any part of our Services;

• Send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;

• Use any automated tool, bot, script, or non-human process to create a Bite Account, fund a wallet, or complete a Bite transaction, as further described in Section 6;

• Attempt to manipulate, reverse, or circumvent any transaction, chargeback, or payment dispute process in a fraudulent or abusive manner;

• Use the Services to launder money, finance terrorism, or engage in any transaction that violates applicable anti-money laundering or counter-terrorism financing laws;

• Create multiple Bite Accounts for the purpose of circumventing any restriction, limitation, or suspension imposed on your account;

• Sell, transfer, or attempt to transfer your Bite Account balance for cash or any other consideration, or transfer a Bite except as expressly permitted under the gifting provision in Section 7;

• Use a payment method that you are not authorized to use, including stolen or fraudulently obtained payment credentials;

• Use any data mining, scraping, or automated data-gathering tools in connection with the Services without our prior written consent;

• Develop or use any application, plugin, or software that interacts with the Services without our prior written consent; or

• Use our Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.

Enforcement of this Section 5 is solely at Media Bite's discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.

Sanctions Compliance. You represent and warrant that you are not a person or entity that is the subject of any sanctions administered by the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC"), the U.S. Department of State, or any other applicable governmental authority. You further represent that you will not use the Services to conduct transactions with any sanctioned person, entity, or jurisdiction. Media Bite reserves the right to immediately terminate your Bite Account if we determine or have reason to believe that you are a sanctioned person or that your account is being used for transactions involving sanctioned persons or jurisdictions.

Publisher Content and the Media Bite Platform

About Media Bite. Media Bite is a technology platform that connects you with Publisher Content. Media Bite is not a content provider, publisher, or media company, and is not a bank, money transmitter, or money services business. All content accessible through the Services is owned, controlled, and hosted exclusively by the applicable third-party publisher ("Publisher"). Media Bite does not create, edit, curate, endorse, or warrant the accuracy, completeness, legality, or quality of any Publisher Content. Your decision to purchase access to any Publisher Content is made solely at your own discretion and risk.

Content Access. When you complete a Bite transaction for yourself, or receive a gifted Bite under Section 7, you receive a limited, personal, non-exclusive, non-transferable, non-sublicensable license to access the specific piece of Publisher Content associated with that Bite, subject to any access terms established by the applicable Publisher. You may not post, reproduce, redistribute, or share any Publisher Content accessed through the Services on or through any other platform or medium. Any unauthorized reproduction or distribution of Publisher Content may subject you to civil and criminal liability under applicable copyright law. Media Bite does not guarantee the availability of any specific Publisher Content at any time. Publishers may remove or modify their content at any time without notice to Media Bite or you. For information on remedies for unavailable Publisher Content, see Section 7.

Publisher-Blind Access. In every access tier, your identity is not provided to the Publisher. Publishers do not receive your identity, contact information, or payment information from Media Bite; they receive only confirmation that the applicable access was paid for.

Content Delivery. Publisher Content is delivered exclusively on the Publisher's own platform. Media Bite does not store, cache, host, or serve Publisher Content at any time. When you click to access Publisher Content, you will be directed to the Publisher's website or platform, which is governed by the Publisher's own terms of service and privacy policy. Media Bite is not responsible for the Publisher's platform, terms, or practices.

No Agentic AI Transactions. Every Bite transaction requires your affirmative human authorization. No artificial intelligence system, automated agent, bot, or non-human process may create a Bite Account, fund a wallet, or authorize any purchase on your behalf. Any attempt to do so is a material violation of these Terms and will result in immediate account termination.

Publisher Relationship. Your purchase of a Bite creates a direct content access relationship between you and the applicable Publisher. Media Bite is not a party to that relationship and is not responsible for any dispute between you and a Publisher regarding the Publisher Content you accessed.

Bite Account Funding, Transactions, and Payments

Funding Your Bite Account. Tier 1 and Tier 2 users may fund their Bite Account by credit card, debit card, or ACH bank transfer through Stripe, Media Bite’s third-party payment provider. Card and debit funding transactions are processed by Stripe. ACH bank transfer funding transactions require bank account verification through Stripe and typically settle within three to five business days; your Bite Account will be credited upon settlement. By funding your Bite Account, you authorize Media Bite and Stripe to charge your selected payment method or initiate ACH debits in the amount you specify. Pre-funded balances are held by Stripe’s regulated banking partner as custodian. Media Bite does not hold or take custody of funds and maintains only the record of the balance. Media Bite never receives, stores, or processes your raw payment card numbers, bank login credentials, or other sensitive financial data. Your use of the payment features of the Services is also subject to Stripe’s terms of service and privacy policy, which will be made available to you at the time of funding. In the event of any conflict between these Terms and Stripe’s terms with respect to payment processing, Stripe’s terms will control solely with respect to the payment processing relationship.

Making Purchases. The price of each Bite is set by the applicable Publisher within a Media Bite price range of $0.49 to $9.99. The applicable price is displayed to you before you complete your purchase. Prices may vary by Publisher and by content type. Media Bite does not control Publisher pricing and is not responsible for any price changes made by Publishers. All prices are displayed in U.S. dollars. You may complete a single Tier 0 Bite by one-time tap to pay without an account, or you may authorize a Bite using available funds in your Tier 1 or Tier 2 Bite Account balance. For a Bite Account purchase, the applicable price is deducted instantly from the available balance through the balance record maintained by Media Bite; for a Tier 0 purchase, Stripe processes the one-time payment. Each Bite transaction is final at the moment of authorization. You will receive a receipt or transaction confirmation through the Services or to the contact information, if any, provided for the transaction. All Bite Account balances and transactions are denominated in U.S. dollars.

Gifting. You may gift a Bite, which is a right to access specific Publisher Content, to another user. The recipient must be eligible to use the Services under Section 1. Gifting transfers an access right, not a cash balance. Gifted access rights have no cash value and are not redeemable for cash.

Transaction Records. Notwithstanding any other provision of these Terms or our Privacy Policy, Media Bite retains transaction records and financial data associated with your Bite Account for a minimum of seven years following the date of each transaction, as required by applicable financial recordkeeping laws including the Bank Secrecy Act. This retention obligation survives termination of your Bite Account and these Terms.

Taxes. You are responsible for all taxes applicable to your Bite Account transactions under applicable law. Media Bite will collect and remit taxes where required by law. Where Media Bite is not required to collect taxes, you remain solely responsible for remitting any applicable taxes to the appropriate taxing authority.

Refunds and Unused Balances. All Bite transactions are final and non-refundable at the moment of authorization, except as provided below. Refund requests are handled on a case-by-case basis. To request a refund for a specific access problem, contact Media Bite at support@mediabite.com. Approved refunds are issued to the original payment method, typically within 24 hours, subject to applicable law and payment-provider processing times. Refunds address specific access problems and are not a means of cashing out a Bite Account balance.

• Unavailable Content. If Publisher Content becomes unavailable immediately after you complete a Bite transaction and before you are able to access it, you may request a refund for that transaction by contacting Media Bite at support@mediabite.com within seven (7) days of the transaction. Media Bite will manually review the request and, if approved, issue the refund to your original payment method, typically within 24 hours. A refund under this subsection will not be credited to your Bite Account.

• Account Closure. Upon closure of your Bite Account for any reason, you may request a refund of any remaining unused Bite Account balance by contacting us at support@mediabite.com. Media Bite will manually process approved refunds to your original payment method, typically within 24 hours of your request, except where prohibited by applicable law. Media Bite reserves the right to deduct any amounts owed by you to Media Bite prior to issuing any refund.

Inactive Accounts. If your Bite Account has no transaction activity for a period of twenty-four (24) consecutive months, Media Bite may designate your account as inactive. Media Bite will provide you with at least sixty (60) days’ advance notice before designating your account as inactive. During this notice period, you may request a manual refund of any unused balance by contacting Media Bite at support@mediabite.com; approved refunds will be issued to your original payment method, typically within 24 hours, subject to applicable law and payment-provider processing times. After the notice period, unused balances in inactive accounts may be subject to applicable state unclaimed property or escheatment laws, which may require Media Bite to remit your unused balance to the applicable state authority. Media Bite will comply with all applicable unclaimed property laws.

Bite Account Integrity. Media Bite maintains complete and accurate records of all Bite Account balances and transaction histories. In the event of any discrepancy between your records and Media Bite's records, Media Bite's records will be deemed correct absent manifest error. If you believe there is an error in your Bite Account balance or transaction history, you must notify Media Bite in accordance with the Error Resolution and Unauthorized Transactions below.

Chargebacks and Payment Disputes. If you initiate a chargeback or payment dispute with your financial institution with respect to any Bite Account funding transaction, Media Bite reserves the right to immediately suspend your Bite Account pending resolution of the dispute and to recover from your Bite Account balance any amounts subject to the dispute. Repeated or fraudulent chargebacks may result in permanent termination of your Bite Account and referral to applicable law enforcement authorities. You agree to contact Media Bite at support@mediabite.com before initiating any chargeback or payment dispute to allow Media Bite the opportunity to resolve your concern directly. For additional information on disputing transactions, see Section 8.

Error Resolution and Unauthorized Transactions. If you believe an error has occurred in connection with your Bite Account, or if you believe an unauthorized transaction has been made from your Bite Account, you must notify us at support@mediabite.com as soon as possible. For further details regarding error resolution policies and procedures, please review our [FAQ].

Transaction Monitoring. Media Bite reserves the right to delay, block, or reverse any transaction that it determines, in its sole discretion, may involve fraudulent activity, unauthorized use, or a violation of these Terms or applicable law. Media Bite may also report suspicious activity to applicable law enforcement or regulatory authorities as required by law, including under the Bank Secrecy Act and applicable anti-money laundering regulations. You acknowledge and agree that Media Bite has no liability to you for any delay, block, or reversal of a transaction taken in good faith pursuant to this provision.

Dispute Resolution for Transactions

Contacting Media Bite First. If you have a dispute regarding any Bite transaction, Bite Account balance, or charge to your payment method, you must contact Media Bite at support@mediabite.com before initiating any chargeback, payment dispute, or legal proceeding. Media Bite will use commercially reasonable efforts to resolve your dispute within thirty (30) days of receiving written notice.

Transaction Dispute Process. To submit a transaction dispute, you must provide Media Bite with the following information: (i) your name and the email address associated with your Bite Account, if any, or any contact information provided for a Tier 0 transaction; (ii) the date and amount of the disputed transaction; (iii) the Publisher Content associated with the disputed transaction, if applicable; and (iv) a written description of the basis for your dispute. Media Bite will acknowledge receipt of your dispute within five (5) business days and provide a resolution within thirty (30) days.

Escalation. If Media Bite is unable to resolve your dispute within thirty (30) days, or if you are not satisfied with Media Bite's resolution, you may escalate your dispute in accordance with the dispute resolution procedures set forth in Section 19 of these Terms.

Media Bite does not offer promotions, promotional credits, sweepstakes, contests, or referral programs through the Services. Gifting a Bite transfers an access right and is not a promotion.

(Intentionally Omitted)

Ownership; Limited License

Media Bite Intellectual Property. The Services, including all text, graphics, user interface elements, software, algorithms, technology architecture, trademarks, service marks, logos, and all other content contained therein, and all intellectual property rights therein and thereto, are owned by Media Bite or our licensors and are protected under United States and international intellectual property laws, including copyright, trademark, and patent laws. Media Bite has filed provisional patent applications covering its microtransaction ledger architecture, cryptographic attribution token system, bot detection and classification methods, pay-per-citation attribution system, and CMS-agnostic integration framework. Unauthorized use of Media Bite's proprietary technology may infringe these patent rights.

License Grant. Subject to your compliance with these Terms, Media Bite grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (i) access and use the Services for your own personal, noncommercial use; and (ii) download and install the App on a mobile device that you own or control solely for your personal use in connection with the Services. Any use of the Services beyond what is expressly authorized herein, without our prior written permission, is strictly prohibited and will immediately terminate the license granted herein.

App License. The App is licensed to you, not sold. If you fail to comply with any of the terms or conditions of these Terms, you must immediately cease using the App and uninstall it from your device.

Publisher Content. Nothing in these Terms grants you any ownership interest in any Publisher Content. All Publisher Content remains the exclusive property of the applicable Publisher. Your purchase of a Bite or receipt of a gifted Bite grants you only the limited personal access license described in Section 6 of these Terms.

Reservation of Rights. All rights not expressly granted to you in these Terms are reserved by Media Bite and its licensors. No license or right is granted by implication, estoppel, or otherwise with respect to any intellectual property rights owned or controlled by Media Bite or its licensors.

Trademarks

"Media Bite," "Bite Account," the Media Bite logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Media Bite, Inc. and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos appearing on or in connection with the Services, including the names and logos of Publishers and AI Partners whose content or services are accessible through the Services, are the property of their respective owners. Reference to any Publisher, AI Partner, product, service, or other information by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Media Bite, nor any affiliation between Media Bite and the owner of such trademark. Media Bite's use of any third-party trademark is solely to identify the source of content or services accessible through the Services.

Feedback

You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about Media Bite or our Services (collectively, "Feedback"). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Services, or to develop new products or services, in Media Bite's sole discretion. Media Bite will exclusively own all improvements to, or new, Media Bite products or services based on any Feedback. You understand that Media Bite may treat Feedback as nonconfidential and non-proprietary. By submitting Feedback, you represent and warrant that you have the right to submit such Feedback and that it does not violate any third-party intellectual property rights or any applicable law.

Repeat Infringer Policy; Copyright Complaints

Our Policy. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others (our "DMCA Policy").

Reporting Claims of Copyright Infringement. If you believe that any content on our Services infringe any copyright that you own or control, you may notify Media Bite’s designated agent (your notification, a “DMCA Notice”) as follows:

Please see Section 512(c)(3) of the DMCA for the requirements of a proper notification. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your notice may not be effective. If you knowingly materially misrepresent that any activity or material on our Services is infringing, you may be liable to Media Bite for certain costs and damages.

Counter-Notice. If you believe that your content was removed or disabled as a result of a mistake or misidentification, you may submit a counter-notice to our designated agent at the address listed above. Your counter-notice must comply with the requirements of 17 U.S.C. § 512(g)(3). Upon receipt of a valid counter-notice, Media Bite will process it in accordance with the DMCA. Please note that submitting a false counter-notice may subject you to liability under the DMCA.

Repeat Infringers. Media Bite will terminate the Bite Accounts of users who are determined by Media Bite, in its sole discretion, to be repeat infringers of the intellectual property rights of others.

Third-Party Content

Third-Party Materials. Our Services rely on or interoperate with third-party products and services from third-party services providers, including our Third-Party Payment Processors (collectively, "Third-Party Materials"). These Third-Party Materials are beyond our control, but their operation may impact, or be impacted by, the use and reliability of our Services. You acknowledge that: (i) the use and availability of the Services is dependent on third-party product vendors and service providers; and (ii) these Third-Party Materials may not operate reliably 100% of the time, which may impact the way that our Services operate. Media Bite is not responsible for any failure, interruption, or error caused by any Third-Party Material.

Open-Source Software. Certain independent, third-party code may be utilized in connection with the Services that is subject to open-source licenses ("Open-Source Software"). The Open-Source Software is licensed to us under the terms of the license that accompanies such Open-Source Software and may be licensed to you under the terms of the same license or through other terms. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Open-Source Software.

Third-Party Content. We may provide information about or links to third-party products, services, or events, or we may allow third parties to make their content and information available on or through the Services, including Publisher Content (collectively, "Third-Party Content"). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the applicable third party. Media Bite has no obligation to monitor Third-Party Content and may block or disable access to any Third-Party Content at any time. Your access to and use of Third-Party Content may be subject to additional terms, conditions, and policies applicable to such Third-Party Content, including the terms of service and privacy policies of the applicable Publisher.

Your Responsibility. You are responsible for obtaining and maintaining any computer hardware, equipment, network services, connectivity, telecommunications services, and other products and services necessary to access and use the Services. Media Bite is not responsible for any fees or charges associated with your access to or use of the Services through any third-party network or service provider.

Indemnification

Your Indemnification Obligations. To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Media Bite, Inc. and its subsidiaries, affiliates, officers, directors, employees, agents, partners, licensors, and service providers (individually and collectively, the "Media Bite Parties") from and against any losses, liabilities, claims, demands, damages, expenses, or costs (“Third-Party Claims”) arising out of or related to:

• your access to or use of the Services;

• your Bite Account, including any funding transactions, Bite transactions, or account activity initiated through your Bite Account;

• your User Content or Feedback;

• your violation of these Terms;

• your violation, misappropriation, or infringement of any rights of another, including intellectual property rights, privacy rights, or publicity rights;

• your unauthorized use of any payment method, including stolen or fraudulently obtained payment credentials;

• any chargeback, payment dispute, or reversal initiated by you or your financial institution in connection with your Bite Account;

• your violation of any applicable law or regulation, including any anti-money laundering, counter-terrorism financing, or consumer protection law; or

• your conduct in connection with the Services.

You will promptly notify the Media Bite Parties of any Third-Party Claims, cooperate with the Media Bite Parties in defending such Third-Party Claims, and pay all fees, costs, and expenses associated with defending such Third-Party Claims, including reasonable attorneys' fees. The Media Bite Parties will have control of the defense or settlement of any Third-Party Claims at Media Bite's sole option. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Media Bite or the other Media Bite Parties.

Disclaimers

YOUR USE OF OUR SERVICES AND ANY CONTENT OR MATERIALS PROVIDED THEREIN OR THEREWITH, INCLUDING THIRD-PARTY CONTENT AND THIRD-PARTY MATERIALS, IS AT YOUR SOLE RISK. EXCEPT AS OTHERWISE PROVIDED IN A WRITING BY US AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, OUR SERVICES AND ANY CONTENT OR MATERIALS PROVIDED THEREIN OR THEREWITH, INCLUDING THIRD-PARTY CONTENT AND THIRD-PARTY MATERIALS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MEDIA BITE DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE FOREGOING, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

IN ADDITION, MEDIA BITE DOES NOT REPRESENT OR WARRANT THAT:

• OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE;

• ANY DEFECTS IN THE SERVICES WILL BE CORRECTED;

• THE SERVICES OR ANY SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;

• PUBLISHER CONTENT ACCESSIBLE THROUGH THE SERVICES IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR NON-INFRINGING;

• AVAILABILITY OF ANY PUBLISHER CONTENT;

• THE SERVICES OF ANY THIRD-PARTY PAYMENT PROCESSOR WILL BE UNINTERRUPTED OR ERROR-FREE; OR

• ANY AI SEARCH RESULTS OR SUMMARIES OF PUBLISHER CONTENT ARE ACCURATE, COMPLETE, OR APPROPRIATE FOR YOUR NEEDS.

MEDIA BITE IS NOT RESPONSIBLE FOR ANY DELAYS, FAILURES, OR ERRORS IN THE PROCESSING OF BITE ACCOUNT FUNDING TRANSACTIONS OR BITE TRANSACTIONS CAUSED BY YOUR FINANCIAL INSTITUTION OR ANY THIRD-PARTY SERVICE PROVIDER.

MEDIA BITE DOES NOT ENDORSE, RECOMMEND, OR TAKE RESPONSIBILITY FOR ANY THIRD-PARTY MATERIALS OR THIRD-PARTY CONTENT, INCLUDING THE PUBLISHERS OR PUBLISHER CONTENT. THE INCLUSION OF ANY PUBLISHER IN THE SERVICES DOES NOT IMPLY MEDIA BITE'S ENDORSEMENT OR APPROVAL OF SUCH PUBLISHER OR THEIR CONTENT, PRODUCTS, OR SERVICES.

ALL DISCLAIMERS OF ANY KIND IN THESE TERMS ARE MADE FOR THE BENEFIT OF MEDIA BITE AND THE MEDIA BITE PARTIES AND THEIR RESPECTIVE SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

Limitation of Liability

To the fullest extent permitted by applicable law, Media Bite and the other Media Bite Parties will not be liable to you under any theory of liability, whether based in contract, tort, negligence, strict liability, warranty, or otherwise, for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, even if Media Bite or the other Media Bite Parties have been advised of the possibility of such damages. This exclusion includes without limitation any damages arising from: (i) your inability to access Publisher Content after completing a Bite transaction; (ii) any failure, interruption, or error in the Services caused by any third-party service provider; (iii) any unauthorized access to or use of your Bite Account; or (iv) any AI Partner's search results, recommendations, or summaries of Publisher Content.

To the fullest extent permitted by applicable law, the total aggregate liability of Media Bite and the other Media Bite Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of: (i) one hundred dollars ($100.00); or (ii) the total amount paid by you to Media Bite in the twelve (12) months immediately preceding the event giving rise to the claim. For the avoidance of doubt, amounts loaded into your Bite Account but not yet spent on Bite transactions are not considered amounts "paid to Media Bite" for purposes of this cap, as such amounts remain your funds held by our third-party payment processor pending your use.

The limitations set forth in this Section 17 will not limit or exclude liability for: (i) Media Bite's gross negligence, fraud, or intentional misconduct; (ii) Media Bite's misappropriation of your intellectual property; (iii) any liability that cannot be excluded or limited under applicable law; or (iv) Media Bite's obligations to refund unused Bite Account balances as set forth in Section 7 of these Terms. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you to the extent prohibited by applicable law.

Release

To the fullest extent permitted by applicable law, you release Media Bite and the other Media Bite Parties from responsibility, liability, claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, arising out of or related to:

• disputes between you and any Publisher regarding Publisher Content you accessed through the Services, including disputes regarding the quality, accuracy, availability, or substance of such content;

• disputes between you and any third-party payment processor or service provider in connection with your Bite Account or any funding transaction; and

• the acts or omissions of any provider of Third-Party Content or Third-Party Materials in connection with the Services.

If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

Dispute Resolution; Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND MEDIA BITE TO ARBITRATE CERTAIN DISPUTES AND LIMITS THE MANNER IN WHICH YOU AND MEDIA BITE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND MEDIA BITE FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND MEDIA BITE AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. MEDIA BITE AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.

YOU AND MEDIA BITE EACH ACKNOWLEDGE THAT THE TERMS OF THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF EITHER PARTY'S CLAIMS.

FOLLOW THE INSTRUCTIONS BELOW, IN SECTION 19, IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS.

Claims This Section Applies To. This Section 19 applies to all Claims between you and Media Bite. A "Claim" is any dispute, claim, or controversy (excluding those exceptions listed in the “Claims Subject to Binding Arbitration; Exceptions” subsection of Section 19, below) between you and Media Bite, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, for which either party wishes to seek legal recourse and that arises from or relates to these Terms, or the Services, including any claims related to the use or operation of the Services, the funding of your Bite Account, any Bite transaction, any Publisher Content access, any chargeback or payment dispute, all privacy or data security claims, and all claims related to the validity, enforceability, or scope of this Section or any portion of it.

Informal Dispute Resolution Before Arbitration. If you believe you have a Claim against Media Bite or if Media Bite believes it has a Claim against you, you and Media Bite will first attempt to resolve the Claim informally to try to resolve the Claim more quickly and reduce costs for both parties. You and Media Bite will make a good-faith effort to negotiate the resolution of any Claim for 60 days ("Informal Resolution Period"), from the day either party receives a written notice of a dispute from the other party that satisfies the requirements of this Section 19 (a "Claimant Notice"). The Informal Resolution Period is designed to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so. The Informal Resolution Period may be extended by the parties' mutual written agreement.

You must send any Claimant Notice to Media Bite by email to legal@mediabite.com. Media Bite will send any Claimant Notice to you by certified mail or email using the contact information you have provided to Media Bite. The party sending a Claimant Notice (the "Claimant") will ensure it includes (i) the Claimant's name, address, email address, and telephone number; (ii) a description of the nature of and basis for the Claim, including the date(s) on which the Claim arose and the facts on which the Claim is based; (iii) the specific relief sought; and (iv) a personally signed statement from the Claimant themselves (and not their counsel) verifying the accuracy of the contents of the Claimant Notice.

No arbitration demand ("Arbitration Demand") may be filed or proceed before a Claimant Notice is sent and the Informal Resolution Period has concluded. If you or Media Bite files an Arbitration Demand without complying with the requirements in this Section 19, including the requirement to wait for the Informal Resolution Period to conclude, the other party may seek relief from a court to enjoin such filing and for such other relief as the court deems proper. The prevailing party in any such action shall be entitled to recover its costs and reasonable attorneys' fees incurred in seeking such relief.

To facilitate the parties' efforts to reach an efficient resolution of any Claim, the applicable statutes of limitation will be tolled, and all deadlines associated with arbitration fees deferred, from the commencement of the Informal Dispute Resolution Process through the date when suit or arbitration may be filed under these Terms.

Claims Subject to Binding Arbitration; Exceptions. Except for individual disputes that qualify for small claims court (provided that the small claims court does not permit class or similar representative actions or relief) and any disputes exclusively related to the intellectual property rights of you or Media Bite, including any disputes in which you or Media Bite seek injunctive or other equitable relief for the alleged unlawful use of your or Media Bite's intellectual property ("IP Claims"), all Claims, including Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with the “Informal Dispute Resolution Before Arbitration” subsection of Section 19 must be resolved by a neutral arbitrator through final and binding arbitration rather than in court. Claims subject to binding arbitration include, without limitation, disputes arising out of or relating to the interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of this arbitration provision or any portion of it.

Binding Individual Arbitration. Except as otherwise expressly permitted by this Section 19, any Claim may be resolved only through binding individual arbitration conducted by the American Arbitration Association (the "AAA"), https://adr.org/, according to the Federal Arbitration Act, 9 U.S.C. § 1, et seq., ("FAA"). Because you use the Services only for personal, family, or household purposes, the then-current version of the AAA's Consumer Arbitration Rules, as modified by these Terms (the "Rules"), will apply to all Claims between you and Media Bite.

These Terms affect interstate commerce, and the enforceability of this Section 19 will be substantively and procedurally governed by the FAA to the maximum extent permitted by law. As limited by the FAA, these Terms, and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. As allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or Media Bite to satisfy one of our individual Claims (that the arbitrator determines are supported by credible relevant evidence).

Arbitration Procedure and Location. You or Media Bite may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing an Arbitration Demand with AAA in accordance with the Rules. Instructions for filing a demand with AAA are available on the AAA website or by calling AAA at 800-778-7879. You will send a copy of any demand for arbitration to Media Bite by email to legal@mediabite.com. Media Bite will send any demand for arbitration to you by certified mail or, if no physical address has been provided, by email using the contact information you have provided to Media Bite. The arbitration will be conducted by a single arbitrator in the English language. You and Media Bite both agree that the arbitrator will be bound by these Terms. For Claims in which the Claimant seeks less than USD $10,000, the arbitrator will decide the matter based solely on written submissions, unless the arbitrator decides that a formal hearing is necessary. For Claims in which the Claimant seeks USD $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings will be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is determined to be necessary, the site of any in-person hearing will be determined by the applicable Rules. The arbitrator (not a judge or jury) will resolve all Claims in arbitration. Unless you and Media Bite agree otherwise, any decision or award will include a written statement stating the decision of each Claim and the basis for the award, including the arbitrator's essential factual and legal findings and conclusions. Any arbitration decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.

Arbitration Fees. Arbitration filing fees will be allocated in accordance with the applicable AAA Rules. For Claims in which you seek less than $10,000, Media Bite will pay all AAA filing fees and arbitrator fees unless the arbitrator determines your Claim was frivolous or filed for an improper purpose. For Claims in which you seek $10,000 or more, AAA filing fees will be allocated in accordance with the AAA Consumer Arbitration Rules.

Frivolous or Improper Claims. To the extent permitted by applicable law, a Claimant must pay all costs incurred by the defending party, including any attorney's fees and arbitration fees, related to a Claim if an arbitrator determines that (i) the Claim was not warranted by existing law or by a nonfrivolous argument, (ii) the factual contentions for the Claim lacked evidentiary support when filed or were unlikely to have evidentiary support after a reasonable opportunity for further investigation; or (iii) the Claim was filed in arbitration for any improper purpose, such as to harass the defending party, cause unnecessary delay, or needlessly increase the cost of dispute resolution.

Confidentiality. If you or Media Bite files a Claim in arbitration, you and Media Bite agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of any discovery in the arbitration. You and Media Bite agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration.

Mass Disputes. If 25 or more Claimant Notices are received by a party that raise similar Claims and have the same or coordinated counsel, these will be considered a "Mass Dispute" and the provisions of this Section 19 will apply to all such Claimant Notices. A Claimant Notice in a Mass Dispute may proceed to arbitration only as set forth below.

Applicable Rules. Any Arbitration Demands based on these Claimant Notices filed in arbitration shall be subject to the AAA's then-current Mass Arbitration Supplementary Rules, as modified by these Terms. Any disputes over whether an Arbitration Demand should be considered part of the Mass Dispute will be decided by the AAA as an administrative matter. The following procedures are intended to supplement the AAA's Mass Arbitration Supplementary Rules, and to the extent the procedures conflict with those Rules, to supersede them.

Initial Arbitrations. The parties shall identify an initial set of 20 Claimant Notices to proceed as Arbitration Demands in order to maximize efficiencies in the management, investigation, and arbitration of the remaining Claimant Notices in the Mass Dispute. The initial set shall be selected as follows. Counsel representing the Claimants in a Mass Dispute must notify the other party in writing (email will suffice) when all or substantially all Claimant Notices for the Mass Dispute have been provided. Counsel for all Claimants and counsel for the responding party each shall then select 10 Claimant Notices to proceed as Arbitration Demands. Claimants shall then file Arbitration Demands for the 20 selected Claimant Notices. No Claimant Notice or Arbitration Demand may be filed or deemed filed, and no related arbitration fees may be assessed, until the Claimant Notice is selected to proceed to arbitration following the process set forth in this Section. A single arbitrator will preside over each Arbitration Demand, and shall preside only over one Arbitration Demand, unless the parties agree otherwise.

Mediation. Upon conclusion of the 20 Initial Arbitrations (or sooner if the parties agree) and before proceeding with any other Arbitration Demands, the parties must engage in a single mediation applicable to all Claimant Notices in the Mass Dispute. The parties shall have 30 days following the conclusion of the last of the initial arbitrations to agree on a mediator. If they are unable to do so, the AAA may appoint one as an administrative matter. No additional Arbitration Demands may be filed until 30 days after such mediation concludes or 90 days after the appointment of a mediator, whichever is sooner.

Remaining Claimant Notices and Arbitrations. If mediation concludes with 100 or more unresolved Claimant Notices, any remaining Claimant or the receiving party to a remaining Claimant Notice may opt out of arbitration of all Claimant Notices that were not resolved in the initial 20 Arbitration Demands or mediation. Such an election may only be for all Claimant Notices remaining in the Mass Dispute, not a portion thereof. To be effective, such election must be communicated in writing (email suffices) to counsel for the other party within 30 days of mediation concluding. Claimant Notices released from the arbitration requirement must be resolved according to Section 20. If complaints based on Claimant Notices that were released from the arbitration requirement are filed in court, the Claimants may seek class treatment, although to the fullest extent allowed by applicable law, the putative classes must be limited to those Claimants in the Mass Dispute whose claims remain unresolved, and for which a Claimant Notice was received by the other party. Any party may contest class certification at any stage of the litigation and on any available basis and may raise any other defenses available under applicable law. If the mediation process concludes with fewer than 100 Claimant Notices remaining or if no timely election to opt out of arbitration is made, the AAA will randomly select 30 Claimant Notices (or the total remaining if less than 30) that comply with the “Informal Dispute Resolution Before Arbitration” subsection of Section 19, above to proceed in arbitration in the same manner as described in the “Initial Arbitrations” subsection of Section 19, above. Once such arbitrations have concluded, the parties will repeat this process until all Claimant Notices in the Mass Dispute have been resolved.

Opting Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted a version of these Terms by emailing legal@mediabite.com. To be effective, the opt-out notice must be on your own behalf and include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration in order to be valid. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 20.

Rejection of Modifications to this Section. You may reject any change we make to this Section 19 (except changes to notice addresses) as to you, by emailing legal@mediabite.com within 30 days of the date of the change. To be effective, you must send the notice or rejection on your own behalf, and you must include your full name, mailing address, and email address. The notice must clearly indicate your intent to reject changes to Section 19. You may reject changes to Section 19 only as a whole. You may not reject only certain changes to Section 19. If you reject changes made to Section 19, the most recent version of Section 19 that you have not rejected will continue to apply.

Two Years to Assert Claims. To the extent permitted by law, any Claim by you or Media Bite against the other must be included in a Claimant Notice within two years after such Claim arises; otherwise, the Claim is permanently barred, which means that you or Media Bite will no longer have the right to assert that Claim.

Severability. If any portion of this Section 19 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 19 or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 19; and (iii) to the extent that any claims may proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction, in accordance with these Terms, and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 19 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 19 will be enforceable.

Bite Account Financial Claims. Notwithstanding anything in this Section 19 to the contrary, nothing in this Section 19 limits your right to file a complaint with any applicable state or federal financial regulatory authority, including the Consumer Financial Protection Bureau, regarding your Bite Account or any transaction processed through the Services. Media Bite will not seek to arbitrate any claim by a regulatory authority on your behalf.

Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law rules or principles, except to the extent preempted by U.S. federal law. Subject to the arbitration provisions in Section 19, any legal action or proceeding arising out of or relating to these Terms or the Services that is not subject to arbitration will be brought exclusively in the federal or state courts of competent jurisdiction located in the State of Delaware. You and Media Bite each waive any objection to personal jurisdiction or venue in any such courts.

If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this Section 20 may not apply to you to the extent that local law conflicts with it.

Modifying and Terminating Our Services

Media Bite reserves the right to modify our Services or to suspend or terminate providing all or part of our Services at any time; charge, modify, or waive any fees required to use the Services; or offer opportunities to some or all users of the Services. We will endeavor to provide you with advance notice of any material suspension or discontinuation of the Services by sending an email to the address associated with your Bite Account or by providing a notice through the Services. All modifications and additions to the Services will be governed by these Terms, unless otherwise expressly stated by Media Bite in writing.

You may stop using our Services and close your Bite Account at any time by contacting us at support@mediabite.com. Upon closure of your Bite Account at your request, any remaining unused Bite Account balance will be manually processed for a refund to your original payment method, typically within 24 hours, in accordance with these Terms.

Media Bite is not responsible for any loss or harm related to your inability to access or use our Services. In the event Media Bite discontinues the Services entirely, Media Bite will provide users with at least thirty (30) days advance written notice by email, during which time users may spend their remaining Bite Account balance on available Publisher Content or request a refund of their unused balance in accordance with these Terms.

Notwithstanding any other provision of these Terms regarding notice of changes, Media Bite may modify these Terms, including the terms governing your Bite Account, at any time and with immediate effect to the extent necessary to comply with applicable law, regulation, or the requirements of any regulatory authority, payment network, or payment processor. Media Bite will provide you with notice of such modifications as promptly as practicable under the circumstances.

Severability

If any portion of these Terms, other than Section 19, is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (a) the unenforceable or unlawful provision will be severed from these Terms; (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of these Terms; and (c) the unenforceable or unlawful provision may be revised to the extent required to render the Terms enforceable or valid, and the rights and responsibilities of the parties will be interpreted and enforced accordingly, so as to preserve these Terms and the intent of these Terms to the fullest possible extent.

Export Control

You are responsible for compliance with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.

Miscellaneous

Media Bite’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Notwithstanding the foregoing, the subheadings within Section 19 are used for navigational purposes and do not affect the interpretation of Section 19. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. Communications and transactions between us may be conducted electronically.

If you have a question or complaint regarding the Services, please send an email to support@mediabite.com. You may also contact us by writing to Media Bite, 3511 Yuba Ave, San Jose CA 95117 or by calling us at 408 916 6977. Please note that email communications will not necessarily be secure; accordingly, you should not include payment card information or other sensitive information in your email correspondence with us. Further, under California Civil Code Section 1789.3, California consumers 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 in writing at 1625 North Market Boulevard, Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.

Additional Terms Applicable to Mobile Devices

The following terms apply if you install, access, or use the Services on any device that contains the iOS mobile operating system (the "iOS App") developed by Apple Inc. ("Apple"):

Acknowledgement. You acknowledge that these Terms are concluded solely between us and not with Apple. Media Bite, not Apple, is solely responsible for the iOS App and the content thereof. You further acknowledge that the usage rules for the iOS App are subject to any additional restrictions set forth in the Usage Rules for the Apple iOS App Store Terms of Service as of the date you download the App, and in the event of any conflict, the Usage Rules in the Apple iOS App Store will govern if they are more restrictive. You acknowledge that you have had the opportunity to review the Usage Rules.

Scope of License. The license granted to you is limited to a non-transferable license to use the iOS App on any iPhone, iPod touch, iPad, or any other Apple device that you own or control as permitted by the Usage Rules set forth in the Apple iOS App Store Terms of Service.

Maintenance and Support. You and Media Bite acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the iOS App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Media Bite's sole responsibility.

Product Claims. You and Media Bite acknowledge that Media Bite, not Apple, is responsible for addressing any claims relating to the iOS App or your possession and use thereof, including but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

Intellectual Property Rights. You and Media Bite acknowledge that, in the event of any third-party claim that the iOS App or your possession and use of the iOS App infringes that third party's intellectual property rights, Media Bite, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

Legal Compliance. You represent and warrant that (i) 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 (ii) you are not listed on any U.S. government list of prohibited or restricted parties.

Third-Party Terms of Agreement. You will comply with any applicable third-party terms when using the Services.

Third-Party Beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

The following terms apply if you install, access, or use the Services on any device that contains the Android mobile operating system (the "Android App") developed by Google, Inc. ("Google"):

You acknowledge that these Terms are between you and us only, and not with Google. Your use of our Android App must comply with Google's then-current Android Market Terms of Service. Google is only a provider of the Android Market where you obtained the Android App. Media Bite, not Google, is solely responsible for our Android App and the Services and content available thereon. Google has no obligation or liability to you with respect to our Android App or these Terms. Google is a third-party beneficiary to these Terms as they relate to our Android App.