TERMS OF USE

Last Updated: October 27, 2016

1. Contractual Relationship.

These Terms of Use ("Terms") govern your use within the United States and its territories of applications, websites, content, products, and services (collectively, "Services") made available in the United States and its territories and possessions by Tigsy, LLC ("Tigsy").

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

THE SECTION BELOW ENTITLED "DISPUTE RESOLUTION" HAS A MANDATORY ARBITRATION PROVISION. IT AFFECTS YOUR LEGAL RIGHTS. IT IS IMPORTANT FOR YOU TO READ IT.

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establish a contractual relationship between you and Tigsy. If you do not agree to these Terms, you may not access, use, or provide Services. These Terms expressly supersede prior agreements or arrangements with you. Tigsy may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Tigsy may amend the Terms related to the Services from time to time. Amendments will be effective upon Tigsy's posting of such updated Terms at this location. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

Our collection and use of your personal information in connection with the Services is as provided in Tigsy's Privacy Policy located at www.tigsy.io/legal/privacy.

2. The Services.

The Services constitute a technology platform that enables users (hereinafter, "Users") of Tigsy's mobile applications or websites provided as part of the Services (each, an "Application") to arrange for the purchase and sale of goods and to schedule certain services with third party providers of such services ("Third-Party Provider"), including, but not limited to, the following services: (a) transportation; (b) food delivery; (c) repairs and maintenance; (d) tutoring; and (e) such other services as Tigsy may from time to time decide to add or include as part of the Services. YOU ACKNOWLEDGE THAT TIGSY DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER OR COMMERCIAL DELIVERY SERVICE.

3. License.

Subject to your compliance with these Terms, Tigsy grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Application. Any rights not expressly granted herein are reserved by Tigsy.

4. Services.

You acknowledge that Tigsy merely acts as a passive conduit through which Users and Third-Party Providers may become aware of a desire and/or willingness to purchase or sell goods or services. You acknowledge that all services are provided by and through Third-Party Providers, and that Tigsy does not endorse or control the services or Third-Party Providers or any representations or promises made by Third Party Provided. You agree that, in no event shall Tigsy be responsible or liable in relation to goods or services or any act or omissions of a User or Third-Party Provider. You acknowledge that Tigsy does not require Users or Third-Party Providers to register with Tigsy, except to provide an email address with a .edu domain. You acknowledge that Tigsy does not validate the email addresses of Users or Third-Party Providers, and that Tigsy offers no guarantee or assurance that a User or Third-Party Provider is using an email address with a .edu domain that actually belongs to such User or Third-Party Provider as opposed to using a .edu email address that belongs to another person. You acknowledge that Tigsy does not conduct background checks of Users or Third-Party Providers and does not verify a User or Third-Party Provider's compliance with applicable laws. In addition, in relation to food delivery, Tigsy is not liable or responsible for a restaurant, grocery store, or other retailer's food preparation or food safety and Tigsy does not verify any such retailer's compliance with applicable laws. You waive the right to bring or assert any claim against Tigsy relating to any interactions or dealings with a User or Third-Party Provider, and you release Tigsy from any and all liability for or relating to any such interactions or dealings. Without limiting the foregoing, your dealings with, purchase of goods or services of, or participation in promotions of, Third-Party Providers, including payment for and delivery or fulfillment of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such Third-Party Provider. You agree that Tigsy shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Users or Third-Party Providers on the Application.

IF YOU ARE A CALIFORNIA RESIDENT, IT IS EXPRESSLY UNDERSTOOD that Section 1542 of the Civil Code of California provides as follows:

5. Use of the Application and/or Services.

In order to use the Services, you must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account.

You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. You may only possess one Account.

You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third-Party Providers unless they are accompanied by you.

You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes.

In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

You will not use the Services to purchase alcohol unless the User and Third-Party Provider are age 21 or older and present a valid photo identification(s) verifying your age at the time of alcohol delivery and all other applicable laws, ordinances, and legal requirements are met. Notwithstanding the foregoing, you acknowledge that Tigsy makes no representations regarding whether it is lawful for a Third-Party Provider to purchase alcohol, sell alcohol, or deliver alcohol to a User. To the extent that a User and Third-Party Provider conduct a transaction involving alcohol, the User and Third-Party Provider are solely responsible for complying with applicable law.

You will not use the services for any illegal purpose or cause nuisance, annoyance, inconvenience, or property damage to the User, Third-Party Provider, or any other party.

You will not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Tigsy; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

6. User and Third-Party Provider Content.

Tigsy may, in Tigsy's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Tigsy through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("Content"). Any Content provided by you remains your property. However, by providing Content to Tigsy, you grant Tigsy a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Tigsy's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. Further, if you provide any suggestions, input or other feedback relating to the Services, Tigsy shall have the right to freely and fully exercise and exploit such content in connection with its business, without notice to, approval by or compensation to you. You grant to Tigsy all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of Content by any other party. You represent and warrant that: (i) you either are the sole and exclusive owner of all Content or you have all rights, licenses, consents and releases necessary to grant Tigsy the license to the Content as set forth above; and (ii) neither the Content nor your submission, uploading, publishing or otherwise making available of such Content nor Tigsy's use of the Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You acknowledge that Tigsy merely acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content. You understand that all Content posted on, transmitted through or linked through the Services, are the sole responsibility of the person from whom such Content originated. You understand that Tigsy does not control, and is not responsible for Content made available through the Application and Services, and that by using the Application and Services, you may be exposed to Content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any Content.

You further acknowledge that Tigsy has no obligation to screen, preview, monitor or approve any Content on the Application and Services. However, Tigsy reserves the right to review, modify and/or delete any Content that, in its sole judgment, violates these Terms of Use. By using the Application and Services, you agree that it is solely your responsibility to evaluate your risks associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that you submit, receive, access, transmit or otherwise convey through the Application and Services. Under no circumstances will Tigsy be liable in any way for any Content, including, but not limited to, any Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Content submitted, accessed, transmitted or otherwise conveyed via the Sites and Services. You waive the right to bring or assert any claim against Tigsy relating to Content, and release Tigsy from any and all liability for or relating to any Content.

Tigsy and its members, managers, officers, directors, employees, parents, subsidiaries, affiliates, successors, assigns, licensors, licensees, designees, business partners, contractors, agents and representatives ("Released Parties") will not be responsible for, and you hereby expressly release the Released Parties from, any and all liability for the action of any and all third parties with respect to User Content.

You agree that you will not post Content that:

The Application may allow you to rate and post ratings or reviews of Users and Third-Party Providers ("Ratings and Reviews"). Such Ratings and Reviews are considered Content and are governed by the terms and conditions of this Agreement. Ratings and Reviews are not endorsed by Tigsy, and do not represent the views of Tigsy. Tigsy is not liable for Ratings and Reviews or for any claims, liabilities or losses resulting from any Ratings and Reviews. All Ratings and Reviews must further comply with the following criteria: (1) before posting a Rating or Review, you must have had first-hand experience with the User or Third-Party Provider; (2) you may not have a proprietary interest in or other affiliation with the User or Third-Party Provider; (3) you have not received any form of compensation to post Ratings and Reviews; (4) you will submit thorough and thoughtful Ratings; (5) you will not submit Ratings and Reviews that comment on other users or the reviews of other users; (6) you will not submit reviews with hyperlinks; (7) you may not state any legal conclusions regarding the Services; and (8) your review must otherwise comply with the terms of this Agreement. Any Ratings and/or Reviews that Tigsy determines, in its sole discretion, could diminish the integrity of the Ratings and Reviews or the Services may be removed or excluded by Tigsy without notice. You acknowledge that the Ratings and Reviews that you provide do not reflect the views of Tigsy.

You agree that Tigsy may establish further practices, policies and limits, which may or may not be published, concerning the use of the Application and Services, including without limitation, the time that Ratings and Reviews will be retained, the maximum number of Ratings and Reviews that may be sent from an account, the length of Ratings and Reviews sent, and the maximum number of times and the maximum duration for which you may access the Application and Services in a given period of time. You agree that Tigsy has no responsibility or liability for the deletion or failure to store any Content or other materials maintained or transmitted by or through the Application and Services. You agree that Tigsy has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

7. Charges.

You understand that Tigsy will not be responsible for assessing or collecting charles for goods and services. Tigsy reserves the right to establish fees for any or all Services at any time in Tigsy's sole discretion; provider, however, that Tigsy will provide Users and Third-Party Providers notice of the establishment of any fees at least thirty days prior to their effective date.

8. Promotional Codes.

Tigsy may, in its sole discretion, create promotional codes that may be redeemed for account credit, or other features or benefits related to the Services and/or a Third-Party Provider's services, subject to any additional terms that Tigsy establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Tigsy; (iii) may be disabled by Tigsy at any time for any reason without liability to Tigsy; (iv) may only be used pursuant to the specific terms that Tigsy establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Tigsy reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Tigsy determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

9. Network Access and Devices.

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Tigsy does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

10. Disclaimers; Limitation of Liability; Indemnity.

A. DISCLAIMER.

THE SERVICES ARE PROVIDED BY THIRD PARTY PROVIDERS "AS IS" AND "AS AVAILABLE." TIGSY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, TIGSY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TIGSY DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

B. LIMITATION OF LIABILITY.

TIGSY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF TIGSY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TIGSY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF TIGSY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TIGSY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND TIGSY'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS PROVIDING TRANSPORTATION SERVICES MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL TIGSY'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU FOR THE SUBJECT GOOD AND/OR SERVICES.THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER ANY ADDITIONAL RIGHTS YOU MAY HAVE AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

C. Indemnity.

You agree to indemnify and hold Tigsy and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Tigsy's use of your User Content; or (iv) your violation of the rights of any third party, including Third-Party Providers.

11. Dispute Resolution.

A. Arbitration.

You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Application or Services (collectively, "Disputes") will be settled by binding arbitration between you and Tigsy, except that each party retains 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 party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Tigsy are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Tigsy otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of the Terms or Agreement.

B. Arbitration Rules and Governing Law.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

C. Arbitration Process.

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state in which the arbitration is to be conducted and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

D. Arbitration Location and Procedure.

Unless you and Tigsy otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Tigsy submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

E. Arbitrator's Decision.

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses only to the extent provided under an applicable statute, if any. Tigsy will not seek, and hereby waives all rights Tigsy may have under applicable law to recover, attorneys' fees and expenses if Tigsy prevail in arbitration.

F. Fees.

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Tigsy will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

G. Changes.

Notwithstanding the provisions of the modification-related provisions above, if Tigsy changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing Tigsy written notice of such rejection by mail or hand delivery to: Tigsy, LLC, by email from the email address associated with your Account to: arbitrationchanges@tigsy.io, within thirty days of the date such change became effective, as indicated in the "Last update" date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and Tigsy in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

12. Miscellaneous Provisions.

A. Choice of Law.

These Terms are governed by and construed in accordance with the laws of the State of Illinois, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.

B. Claims of Copyright Infringement.

Claims of copyright infringement should be sent to Tigsy by email to copyrightclaims@tigsy.io.

C. Notice.

Tigsy may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Tigsy, with such notice deemed given when received by Tigsy, by email to notice@tigsy.io.

D. Assignment.

You may not assign these Terms without Tigsy's prior written approval. Tigsy may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Tigsy's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.

E. Relationship of Parties.

No joint venture, partnership, employment, or agency relationship exists between you, Tigsy or any Third-Party Provider as a result of this Agreement or use of the Services.

F. Severability.

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

G. Non-Waiver.

Tigsy's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Tigsy in writing.

H. Third-Party Beneficiaries.

Google, Inc., Apple Inc., Microsoft Corporation and BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service.