Terms of Use & Conditions

These Terms of Use govern the use of the mobile and internet-based services and business tools offered by Tanto (or “we,” “our,” or “us”) at and through the website tanto.app (the “Site”), mobile app (the “App”) and related services we provide (the Site, App and related services are collectively referred to as the “Services”). Tanto’s Privacy Policy further described below, as well as any subscription agreements related to the Services (each, a “Subscription”) executed by you (“you” or “Professional”) or accepted by you via email, online or in App, and any community guidelines that Tanto may provide, are all considered part of these Terms of Use. These Terms of Use apply to any use of the Services, whether in connection with a Subscription or Free Trial. Please read these Terms of Use carefully before using the Services. 

These General Terms, and any applicable Additional Terms or Policies, are a complete statement of the agreement between you and Square regarding the Services. In the event of a conflict between these General Terms and any other Tanto agreement or Policy, these General Terms will prevail and control the subject matter of such conflict. If any provision of these General Terms or any Additional Term is invalid or unenforceable under applicable law, then it will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. These General Terms do not limit any rights that we may have under trade secret, copyright, patent, or other laws. No waiver of any term of these General Terms will be deemed a further or continuing waiver of such term or any other term.

THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE TANTO SERVICES. BY ACCESSING OR USING THE SERVICES, YOU ARE ACCEPTING THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS OF USE, DO NOT ACCESS AND/OR USE THE TANTO SERVICES. BY ACCESSING, BROWSING, CRAWLING, SCRAPING, OR IN ANY WAY USING THE SITE, APP OR ANY TANTO SERVICES YOU AGREE TO THE TERMS SET FORTH IN THIS TERMS OF USE, THE TANTO PRIVACY POLICY AND ALL OTHER GUIDELINES OR POLICIES REFERENCED BY TANTO.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

IN PARTICULAR, SERVICE PROVIDERS AND THEIR CLIENTS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE MUNICIPALITIES, CITIES, COUNTIES, STATES AND COUNTRIES. SOME STATES HAVE LAWS THAT REGULATE ANY RELATED SERVICES PROVIDED, IN ADDITION TO PAYMENT AND PAYMENT PROCESSING COLLECTIONS PRACTICES. IN MANY STATES, SERVICE PROVIDERS MUST BE LICENSED BEFORE THEY ARE ABLE TO COMMERCIALLY PROVIDE SUCH SERVICES. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. PROVIDERS AND THEIR CLIENTS SHOULD REVIEW LOCAL LAWS BEFORE PROVIDING SERVICES OR BUYING SERVICES ON TANTO.

WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THE TERMS OF USE AND PRIVACY POLICY AT ANY TIME. 

Tanto is a platform intended to power services and businesses by facilitating interactions between salons, merchants, stylists, professionals (collectively or individually “Professionals” being any initial user and subscribers to the Tanto services) providing beauty and other health and wellness services with clients seeking such services (“Clients” being customers entered and maintained by Professionals, whether individual clients or business contacts). Such Professionals and Clients are both users of the Tanto Services and will be collectively or individually referred to as “Users”. 

This Agreement does not, and will not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Tanto.

ELIGIBILITY

If You are a minor (under the age of 18), You can use this service only with the consent and under the supervision of Your parents or legal guardians. If You are a minor, please do not submit any personal information to this website. IF YOU ARE 13 YEARS OR YOUNGER, PLEASE DO NOT USE THIS SITE OR ANY OF ITS SERVICES FOR ANY PURPOSE. YOU MUST BE AT LEAST 18 YEARS OF AGE TO CREATE OR USE A BUSINESS ACCOUNT.

You must have the requisite power and authority to enter into this User Agreement in order to use this Site. If You are between the ages of 14 to 18 years old, You must have consent and be under the supervision of Your parents before creating or using a Personal Account. You may not access or use the Services if: (1) You believe You are a competitor of Ours, (2) We deem You as a competitor of Ours, or (3) We have previously banned You from the Services. If You use the Services on behalf of a company, entity or organization, You represent that You are an authorized representative of such company, entity or organization with the authority to bind it to this User Agreement (which authority You hereby exercise). To the extent that You do not meet the eligibility requirements as set forth herein, Tanto may, at its sole discretion, elect to terminate Your account.

CHANGES TO THE USER AGREEMENT

We may modify this User Agreement from time to time, for example, to reflect changes to the law or changes to the Service. When changes are made, We will notify You by making the revised version available on the Site and will indicate on the Site the date on which revisions were last made. Changes addressing new functions for the Site or changes made for legal reasons will be effective immediately. If certain changes will not take into effect immediately, You will be notified of the effective date. If You do not agree to the modified terms for this User Agreement, You should discontinue Your use of the Site. You should revisit this User Agreement on a regular basis as revised versions will be binding on You. Your continued use of the Site after any posted modification to this User Agreement indicates Your assent to the modified and/or restated User Agreement.

You agree to Tanto’s E-Sign Consent. We may provide disclosures and notices required by law and other information about your Account to you electronically, by posting it on our website, pushing notifications through the Services, or by emailing it to the email address listed on your Account. Electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. Such disclosures and notices are considered received by you within twenty-four (24) hours of the time posted to our website, or within twenty-four (24) hours of the time emailed to you unless we receive notice that the email was not delivered. If you wish to withdraw your consent to receiving electronic communications, contact Support. If we are not able to support your request, you may need to terminate your Account.

ACCOUNT RESTRICTIONS

You may not, nor may you permit any third party, directly or indirectly, to:

export the Services, which may be subject to export restrictions imposed by US law, including US Export Administration Regulations (15 C.F.R. Chapter VII);

engage in any activity that may be in violation of regulations administered by the United States Department of the Treasury’s Office of Foreign Asset Control (31 C.F.R. Parts 500-599). Prohibited activity includes but is not limited to the provision of Services to or for the benefit of a jurisdiction, entity, or individual blocked or prohibited by relevant sanctions authorities, including but not limited to activities in Iran, Cuba, North Korea, Syria, or the Crimean Region of the Ukraine. If found to be in apparent violation of these restrictions, your account could be terminated and your funds could be held for an indefinite period of time;

access or monitor any material or information on any Tanto service system using any manual process or robot, spider, scraper, or other automated means;

except to the extent that any restriction is expressly prohibited by law, violate the restrictions in any robot exclusion headers on any Service, work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services;

perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by our other customers, or impose an unreasonable or disproportionately large load on our infrastructure;

copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material, information or Services from Square;

use and benefit from the Services via a rental, lease, timesharing, service bureau or other arrangement;

transfer any rights granted to you under these General Terms;

use the Services in a way that distracts or prevents you from obeying traffic or safety laws;

use the Services for the sale of firearms, firearm parts, ammunition, weapons or other devices designed to cause physical harm;

use the Services for any illegal activity or goods or in any way that exposes you, other users, our partners, or Tanto to harm; or

otherwise use the Services except as expressly allowed under these Terms.

If we reasonably suspect that your Account has been used for unauthorized, illegal, or criminal purposes, we have express authorization to share information about you, your Account, and any of your transactions with law enforcement.

USE RESTRICTIONS

We are under no obligation to enforce the User Agreement on Your behalf against another User. While We encourage You to let Us know if You believe another User has violated the User Agreement, We reserve the right to investigate and take appropriate action at Our sole discretion.YOU AGREE NOT TO, AND WILL NOT ASSIST OR ENABLE OTHERS TO: (a) use the Services to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another User’s use of the Services; (b) use the Services to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not; (c) use the Services for promotional or commercial purposes, except in connection with a Business Account and as expressly allowed in writing by Tanto; (d) use the Services in a manner that may create a conflict of interest, such as trading reviews with other business owners, compensating someone or being compensated to write or remove a review, or by writing a fake or defamatory review; (e) use the Services for keyword spamming or to otherwise attempt to manipulate natural search results; (f) use the Services to promote bigotry or discrimination against any persons or other Users for any reason; (g) use the Services to violate any third-party rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right of any person or entity; (h) use the Services to submit or transmit any nude images of any kind, pornography or illegal content; (i) use the Services to solicit personal information from minors or to harm or threaten to cause harm to minors; (j) use the Services in violation of this User Agreement or any applicable law; (k) modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site, Site Content, App, or App Content (other than Your Content) or other User Content, except as expressly authorized by Tanto; (l) reverse engineer any portion of the Site or App, except as may be permitted under the law; (m) remove or modify any copyright, trademark or other proprietary rights notice on the Site or App or on any materials printed or copied off of the Site or App; (n) record, process or mine information about other Users; (o) use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, scrape or index the Site or any Site Content; (p) access, retrieve or index the Site for purposes of constructing or populating a search-able database of business reviews; (q) reformat or frame any portion of the Site; (r) take any action that imposes, or may impose in Our sole discretion, an unreasonable or disproportionately large load on Tanto’s computer systems; (s) attempt to gain unauthorized access to the Site or App, User accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”); use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; make excessive traffic demands; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site; and make any untruthful or defamatory statements.

COMPATIBLE DEVICES AND THIRD PARTY PRODUCTS

We do not warrant that the Services will be compatible with your mobile device or carrier. Your use of the Services may be subject to the terms of your agreements with your mobile device manufacturer or your carrier. You may not use a modified device to use the Services if the modification is contrary to the manufacturer’s software or hardware guidelines, including disabling hardware or software controls.

All third party hardware and other products included or sold with the Services are provided solely according to the warranty and other terms specified by the manufacturer, who is solely responsible for service and support for its product. For service, support, or warranty assistance, you should contact the manufacturer directly. TANTO MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

REGISTRATION

You must open an account with Tanto to use the Services. Your Account gives you access to the Services that we may establish and maintain from time to time and in our sole discretion. During registration we will ask you for information, which may include but is not limited to, your name and other personal information as well as business information for business accounts. You must provide accurate and complete information in response to our questions, and you must keep that information current. You may not provide an email address that in not Your own or create multiple business accounts for the same business. Your Business Account accepts these terms. It will hold harmless and indemnify Us from any claim, suit or action arising from or related to the use of the Site or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees. You consent that Tanto has the right to verify any such information submitted by you. You are fully responsible for all activity that occurs under your Account, including for any actions taken by persons to whom you have granted access to the Account. We reserve the right to change the account type, suspend or terminate the Account of anyone who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements. You may never use another User’s account without permission. 

CLIENT SPECIFIC TERMS

Tanto solely provides a platform for Professionals and Clients to connect and serves only as a medium to facilitate the provision of Services. Tanto does not provide or contract for Services, and Professionals and Clients contract independently for the provision of Services. Each Client is solely responsible for selecting the Professional, the Services to be provided and the location at which Services will be performed, whether on the premises of a Professional or at a site designated by the Client. Any decision by a Client to receive Services or by a Professional to provide Services is a decision made in such person’s sole discretion and at their own risk. All Users understand and acknowledge that (i) Tanto does not conduct background checks on Clients and (ii) any provision of Services in a private location inherently increases the risks involved for both Clients and Professionals.  

Tanto does not have control over the quality, suitability, reliability, timing, durability, legality, failure to provide, or any other aspect whatsoever of any Services provided by Professionals nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Professionals or Clients. Tanto makes no representations or warranties whatsoever with respect to the Services offered or provided by Professionals or requested by Clients through the use of the Services, whether in public, private, or offline interactions, or about the accreditation, registration or licensing of any Professional. You understand that We do not routinely screen Our Users, inquire into the background of its Users or attempt to verify information provided by any User. Tanto does not verify or confirm that any User is who they claim to be or is accurately representing themselves and does not verify or confirm any representations with respect to Styling Services on the Services. Tanto does not assume any responsibility for the accuracy or reliability of this information or any information provided through the Services. Notwithstanding the foregoing, Tanto may, but is not obligated to, check the background and experience of Professionals via third-party background check services and first party interviews, including but not limited to a verification of identity and a comprehensive criminal background check, and may terminate a Professional based on any information discovered during such background checks and first party interviews. Whether or not We conduct a background check or first party interview on a Professional, each Client must decide whether a Professional is suited to such Client’s needs and should exercise caution and common sense to protect their personal safety and property, just as they would when interacting with anyone you don’t know. NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES AND YOU HEREBY RELEASE THE COMPANY AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. COMPANY AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES.

In connection with certain services, including Styling Services, for which reservations may be made on the Services, Tanto may charge a fee; any applicable fees will be disclosed to you and identified at checkout. Some Professionals may require you to enter credit card or other payment information, and such Professionals may charge fees for reservations, including cancelled and missed appointments. The Professionals are only allowed to do so in accordance with any policy posted on such Professional’s Tanto page at the time of your booking. By entering your payment information when requested, you authorize Tanto and its payment processors to charge and process the fees and charges assessed in connection with your reservations in accordance with the policy described on the Professional’s Tanto page at the time of your booking. While Tanto takes what it believes to be reasonable efforts to ensure secure transmission of your information to third parties who assess and process payments, Tanto is not responsible for any fees or charges assessed by third parties or any errors in the processing of payments by third parties, including any errors that result from third-party negligence, improper transmission of payment information, your mistaken submission of payment information, or your submission of erroneous payment information.

If you cancel or don’t show up for an appointment, your credit card may still be charged in accordance with the cancellation policy of the Professional posted on such Professional’s Tanto page at the time of your booking, at the Professional’s discretion. Tanto facilitates the payment transaction per these Terms between you and each Professional, but is not responsible for mediating any resulting disputes. Tanto has no obligation to provide refunds or credits, but may grant them in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by Tanto, in each case in Tanto’s sole discretion.

Although the Services are intended to provide a Professional’s availability in real-time, it is possible that a scheduling conflict may occur that requires the Professional to reschedule your reservation. Creation of a reservation using the Services is not a guarantee that the Professional will honor the reservation as scheduled. Professionals have sole discretion on whether to accept/confirm any appointments booked with them through the Site by Clients. 

Tanto does not independently confirm that Professionals are licensed to perform the Styling Services offered by them on our Website. However, when Professionals create accounts with Tanto, Professionals certify to Tanto that they are a licensed professional, or if the Professional is a salon, merchant or other business entity, all of such Professional’s employees, independent contractors or agents who are providing Styling Services each are a licensed professional, that they are legally able to provide the Styling Services they offer to Clients on our Website, and that their business information is correctly represented on Tanto. We reserve the right to remove or hide any incorrect, out of date, or illegal information from profiles, as well as remove or hide the entire profile itself at any time.

YOUR CONTENT

The Services may include functionality for uploading or providing: suggestions, recommendations, feedback, stories, photos, videos, documents, logos, products, loyalty programs, promotions, advertisements and other materials or information (“Content”).

You grant us and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media for any reason, including to provide, promote, and/or incorporate into the Services. You retain all rights in your Content, subject to the rights you have granted to us in these General Terms. You also irrevocably grant the Site’s Users and the Users of any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, You irrevocably waive, and cause to be waived, against us and Our Users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” We mean use, copy , publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.  You may modify or remove your Content via your Account or by terminating your Account, but your Content may persist in historical, archived or cached copies and versions thereof available on or through the Services and may still be used by Tanto.

You will not upload or provide Content or otherwise post, transmit, distribute, or disseminate through the Services any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or intellectual property; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with Tanto’s or its partners’ products and services, as determined by us in our sole discretion; (f) is meant to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messagings; or (g) in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services, or which may expose Tanto, its affiliates or its customers to harm or liability of any nature.

You authorize Tanto to aggregate or anonymize Your Data or other data in connection with the Agreement, and Tanto owns all Aggregated Data. You agree that nothing in this Agreement will prohibit Tanto or its affiliates from utilizing Aggregated Data for any purpose, provided such Aggregated Data does not reveal any personally identifying information about you or any End Users.

Although we have no obligation to monitor any Content, we reserve the right to remove, screen, edit, or reinstate User Content from time to time at Our sole discretion for any reason or no reason, and without notice to You. We have no obligation to retain or provide You with copies of Your Content, nor do We make any guarantees or representations concerning any confidentiality with respect to Your Content. Tanto and its licensees may display advertisements and other information adjacent to or included with Your Content on the Site and Other Media. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to You. User Content (including any that may have been created by Users employed or contracted by Tanto) does not necessarily reflect the opinion of Tanto. We may also monitor such Content to detect and prevent fraudulent activity or violations of these General Terms or our Privacy Policy. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any Content, including any loss or damage to any of your Content.

INTELLECTUAL PROPERTY INFRINGEMENT

We respect the intellectual property rights of others and ask you to do the same. We have adopted an Intellectual Property Policy regarding third-party claims that your material infringes the rights of others. We respond to all valid notices of such infringement, and our policy is to suspend or terminate the accounts of repeat infringers.

SECURITY

We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You provide your personal information at your own risk.

You are responsible for safeguarding your password and for restricting access to the Services from your compatible mobile devices and computer(s). You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You understand and agree that you are solely responsible for compliance with any and all applicable laws, rules, regulations and tax obligations that may apply to your use of the Services and your Account, including any and all products and services you may provide or make available through our Site and App. You will immediately notify us of any unauthorized use of your password or Tanto Account or any other breach of security. In the event of any dispute between two or more parties as to account ownership, we will be the sole arbiter of such dispute in our sole discretion. Our decision (which may include termination or suspension of any Account subject to dispute) will be final and binding on all parties.

COMMUNICATIONS

You consent to accept and receive communications from us, including email, text messages, calls, and push notifications to the cellular telephone number you provide to us when you sign-up for an account or update the contact information associated with your account. Such communications may include, but are not limited to requests for secondary authentication, receipts, reminders, notifications regarding updates to your account or account support, and marketing or promotional communications. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Services. Call and text message communications may be generated by automatic telephone dialing systems. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you.

You may opt-out of receiving promotional email communications we send to you by following the unsubscribe options on such emails. You may opt out of any promotional phone calls by informing the caller that you would not like to receive future promotional calls. You may only opt-out of text messages by replying STOP. You acknowledge that opting out of receiving communications may impact your use of the Services. You acknowledge that you may NOT opt out of certain communications important to your account, including but not limited to notifications about your subscription, alerts needing your immediate attention on your account or any communications we deem necessary. 

FEES AND PAYMENTS

Tanto may offer Services to be paid for on a recurring basis (“Subscription Services”). Subscription Services may subject you to recurring fees and/or terms. Unless otherwise stated, fees will be collected and must be paid for in advance of each billing period. By signing up for a Subscription Service, including after any free trial period, you agree to pay us the subscription fee and any applicable taxes as set forth in your Account.

By accepting these Terms of Use, you authorize Tanto to confirm that the credit card account or any other payment method associated with your Account and used for the Tanto Services is in good standing with a financial institution for the term of your use of the Services. Tanto maintains the authority to obtain credit reports or run other background inquiries to assess the Subscriber’s eligibility to continue usage of the Services. All balances, fees, charges and payments collected or paid in connection with the Services are denominated in USD. Users of the Services are liable for any taxes (if applicable, including VAT), required to be paid on the Services provided for in this agreement.

Your Subscription to the Services commences on the date that you sign up for a Subscription. Unless otherwise stated at the time of sign up, each Subscription runs on a one-month cycle (“Subscription Period”) and will automatically renew monthly until you notify Tanto of your decision to terminate or unless we otherwise terminate the Subscription. You will be billed on the monthly anniversary of the date during which your Subscription first began. For example, if your Subscription begins on April 29th, it will renew on May 29th, June 29th, and so on. If your Subscription begins on a date that is not present in every billing cycle (e.g. the 31st), you will be billed on the last day of every month. Tanto may change the timing of our billing and we reserve the right to modify the schedule at which you will be billed. The amount billed to you each month may vary due to promotional offers and/or changing your Subscription plan and you acknowledge these variations and authorize Tanto to bill you as necessary.

Tanto reserves the right to adjust the Subscription pricing at any time and for any reason upon fourteen (14) days prior notice. Unless otherwise stated, any price change to the Subscription and your membership will be in effect on your next billing cycle. To continue to use the Services, you must agree to any change in fees. If you do not agree to any change in fees, you must cancel your account. You acknowledge that Tanto reserves the right to garner feedback as to why you are cancelling your account. Your continued use of Subscription Services after notice of a change to our Subscription Fee will constitute your agreement to such changes.

Tanto may offer trial memberships for varying lengths which may include free or discounted access to the Subscription during such trial period. Tanto reserves the right to end the availability of trial memberships at any time and for any reason. After the trial period, you acknowledge that your membership will automatically convert to a regular monthly Subscription at the provided for price unless cancelled at least 48 hours prior to the end of your trial period. 

You may cancel your Subscription at any time. If you choose to cancel with more than 48 hours notice prior to your next billing cycle, you will not be charged for the ensuing month of the Subscription. For any questions related to your individual billing cycle, please log onto your account to view your billing cycle information or contact us at support@tanto.app.

You acknowledge that you are ineligible for a pro-rated refund or any amount of the Subscription Fees paid for the then-current monthly subscription cycle at which you cancel. After cancelling, you will only have access to the Services through the end of your current billing cycle.

Tanto may offer services for an additional fee that may help Professionals grow their business and facilitate deeper connection and interaction between a Professional and their Clients.

PAYMENT PROCESSING

Tanto offers the ability to process payments through the Services (“Payment Processing Services”). Payment Processing Services are provided by our third party payment processing partners as Third Party Offerings and any procurement by you or your Affiliates will be subject to a separate merchant agreement which will be solely between you (or your Affiliate) and the third party processor. Tanto uses the Stripe platform to process payments. Payments are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”) and subject to certain fees and surcharges communicated to you during the enrollment process and as may be updated by Us from time to time. By enrolling in Payments, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. Tanto is not a bank and we do not offer banking services. As a condition of Tanto, enabling payment processing services through Stripe, you agree to provide Us accurate and complete information about you and your business, and you authorize Us to share it and transaction information related to your use of the payment processing services provided by Stripe pursuant to our Privacy Policy. To the extent permitted by law, we may collect any obligations you owe Us under this Agreement by deducting the corresponding amounts from funds payable to you arising from the settlement of card transactions through Tanto Payments. Fees will be assessed at the time a transaction is processed and will be first deducted from the funds received for such transactions. Tanto may offer special pricing, credits, and/or discounts to you or your Affiliates for the Services contingent upon timely procurement, and continued material usage, of the Payment Processing Services and/or Tanto Payments. In the event you or your Affiliate stop utilizing the Payment Processing Services and/or Tanto Payments, We may, in Our sole discretion, revoke the special pricing, credits, and/or discounts being applied to the Services.

You are liable if any Cardholder Data is mishandled under your account. You are solely responsible for any liability resulting from your or any Affiliate’s handling of Cardholder Data. You agree that you and Affiliates will comply with PCI DSS anytime the Services are used to process credit cards.

PROPRIETARY RIGHTS

Tanto owns, solely and exclusively, all rights, title and interest in and to the Tanto Services, all the content (including, without limitation, text, photographs, graphics, audio, visual, and audiovisual content), code, data and materials thereon, the look and feel, design and organization of the Services, and the compilation of the content, code, data, and materials on the Services, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. By agreeing to these Terms of Use, you agree and certify that you will not imitate any part of the Tanto Services, including but not limited to the text, photographs, graphics, audio, visual, settings, controls, functionality, code, data, mechanisms, design, interactions or systems in place that we provide. Additionally, you agree that you shall not access Tanto Services in order to build a similar or competitive service. If you have done so or have been found to be complicit in doing so, Tanto is entitled to seek monetary damages, injunctive relief and other remedies. Your use of the Tanto Services does not grant you ownership of any content, code, data, or materials you may access on or through the Services. The provision of the Services does not transfer to you or any third party any rights, title or interest in or to any Tanto or Tanto’s’ licensors intellectual property rights.

LIMITED LICENSE

Subject to these Terms of Use, Tanto grants you a non-transferable, non-exclusive, license to use the Services in accordance with the Terms of Use. The rights granted to you in the Terms of Use are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign or distribute the Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you shall not access the Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services shall be subject to the terms of these Terms of Use. All trademarks, copyright and other proprietary notices on the Services content must be retained on all copies thereof. By agreeing to these Terms of Use, you agree and certify that you will not imitate any part of Tanto, including but not limited to the text, photographs, graphics, audio, visual, settings, controls, functionality, code, data, mechanisms, design, interactions or systems in place that Tanto provides. 

MODIFICATION AND TERMINATION

We may terminate these General Terms or any Additional Terms, or suspend or terminate your Account or your access to any Service, at any time for any reason. We may add or remove, suspend, stop, delete, discontinue or impose conditions on Services or any feature or aspect of a Service. We will take reasonable steps to notify you of termination or these other types of Service changes by email or at the next time you attempt to access your Account. 

If these General Terms or your Account is terminated or suspended for any reason: (a) the license and any other rights granted under these Terms will end, (b) we may (but have no obligation to) delete your information and account data stored on our servers, and (c) we will not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of the Services, or for deletion of your information or account data. All sections of these General Terms survive and remain in effect in accordance with their terms upon termination (whether initiated by Tanto or You) of your account. 

If your account is terminated any pending transactions will be cancelled, any funds that are being held for you in custody at the time of termination, less any Fees, will be paid out according to your payout schedule, assuming all payout-related requirements have been fulfilled. Your funds may be held if there is a pending investigation at the time of your Account termination. If the investigation yields that you are entitled to some or all of the funds in the dispute, we will promptly release those funds to you. Additionally, if your Subscription and/or Account is cancelled, suspended or terminated for any reason or for no reason at all, you agree that you will a) be bound by these Terms of Use, b) immediately stop using the Services, c) any licenses to any of the Services granted to you under these Terms of Use shall end and that d) Tanto will not be liable for any cessation of access to a third party platform or for deletion or hiding of your information or Account data. Termination of the GlossGenius Services does not relieve you of any obligations to pay or debts of any Fees or costs accrued in connection with the use of the Services.

YOUR REPRESENTATIONS AND WARRANTIES

You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, links and other content or materials (collectively, “User Content”) that you display, post or submit on or through the Services. You represent and warrant that: (i) you own the User Content displayed, posted or submitted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the display, posting, submission and use of your User Content on or through the Services does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of User Content you display, post or submit on or through the Services; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction. 

APP STORE PROVIDER TERMS

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

COPYRIGHT DISPUTE POLICY

We have adopted the following policies and procedures with regard and copyright infringement in accordance with Title 17, United States Code, Section 512(c), which is part of the Digital Millennium Copyright Act (“DMCA”). The address of Tanto’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is provided at the bottom of this section. It is Our policy to (i) respond to notices of alleged copyright infringement that comply with the DMCA; and (ii) terminate the accounts of Users determined by Tanto to be a “repeat infringer” as referenced in the DMCA. We reserve the right to remove content alleged to be infringing without prior notice and at Our sole discretion.

(a) Procedure for Reporting Copyright Infringements. If You are the copyright owner or agent thereof, and believe that Your copyright is being infringed in connection with the Site, please send a written notification to the Designated Agent detailing the alleged infringement. Your written notification must include:

(i) Identification of the copyrighted work that You claim has been infringed;

(ii)Identification of the Content on the Site that allegedly infringes upon the copyrighted work at issue, and information reasonably sufficient to permit Us to locate such Content;

(iii) A statement by You that You have a good faith belief that the use of the Content identified in Your notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;

(iv) A statement by You that You attest, under penalty of perjury, that the information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf; and

(v) Your physical or electronic signature, together with Your contact information (address, telephone number and, if available, email address).Please note that We may, at Our sole discretion, send a copy of such notices to third parties for publication. Please note that You may be subject to liability under Section 512(f) of the DMCA if You materially misrepresent that content on the Site infringes Your copyright.

(b)Procedure to Supply a Counter-Notice to the Designated Agent. If You believe that Content has been mistakenly removed from the Site pursuant to this Copyright Dispute Policy, You may send a written counter-notice to the Designated Agent. Your written counter-notice must include:

(i)Identification of the copyrighted Content that was removed, and the location on the Site where it would have been found prior to its removal;

(ii)A statement under penalty of perjury that You have a good faith belief that the Content was removed as a result of a mistake or misidentification;

(iii)A statement that You consent to the jurisdiction of the Federal District Court for the judicial district in which Your address is located, or if Your address is located outside the United States, for any judicial district in which Tanto is located, and that You will accept service of process from the person who sent the original infringement notice to Tanto, or an agent of such person; and

(iv)Your physical or electronic signature, together with Your contact information (address, telephone number and, if available, email address).

(c)Address for Designated Agent. Please contact the Designated Agent at the following address:

Tanto, Inc.

Attn: Customer Support

3941 Park Drive

Suite 20-446

El Dorado Hills, CA 95762

(916) 281-0877

AVAILABILITY

We reserve the right to modify, update, or discontinue the Site and App at Our sole discretion, at any time, for any or no reason, and without notice or liability. We do not guarantee that the site or app will be available to access by Users at all times and may be down for short periods of time in order to make such modifications and updates. 

Neither Party will be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) for causes beyond that Party’s reasonable control and occurring without that Party’s fault or negligence, including, but not limited to, acts of God/force majeure, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems (other than those involving Tanto’s or your employees, respectively), computer attacks (by government/nation entities or otherwise) or malicious acts, such as attacks on or through the Internet, any Internet service provider, telecommunications or hosting facility. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.

UNAUTHORIZED ACCESS

We reserve the right to exercise whatever lawful means We deem necessary in order to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping and contacting Your Internet Service Provider (ISP) regarding such unauthorized use.

INDEMNIFICATION

By using the Tanto Services you acknowledge and agree that, in the event that it becomes necessary or advisable for us to defend ourselves, in a court of law or otherwise, we may rely on your representations and warranties contained herein. You agree to defend, indemnify, and hold Tanto, its affiliates and representatives and each of their respective directors, officers, employees, and agents harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys’ fees and other costs of enforcing these Terms of Use, arising in any way from your use of the Tanto Services or your breach or violation of the law, your representations and warranties, or of these Terms of Use. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim and to reimburse us for the reasonable costs and expenses thereof.

DISCLAIMER OF WARRANTIES

THE TANTO SERVICES, INCLUDING, WITHOUT LIMITATION, ALL FEATURES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE SITE AND APP, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, DISPLAYABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OF THE CONTENT OR INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE SITE OR APP WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE GLOSSGENIUS SERVICES WILL MEET USERS REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. TANTO ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE SITE OR APP OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, INFORMATION, TEXT, IMAGES, OR OTHER CONTENT FROM THE SITE OR APP. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE OR APP AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE WILL NOT BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE OR APP. UNDER NO CIRCUMSTANCES DOES YOUR USE OF THE SERVICES FORM ANY RELATIONSHIP (OTHER THAN THE CONTRACTUAL RELATIONSHIP CREATED BY THESE TERMS OF USE), WHETHER IMPLIED OR EXPRESS, WITH TANTO. TANTO HEREBY DISCLAIMS ANY SUCH RELATIONSHIP AND ANY LIABILITY ARISING AS A RESULT OF ITS USE OF ANY CONTENT CONTAINED ON THE SITE OR APP.

IT IS POSSIBLE FOR OTHER USERS OF THE TANTO SERVICES TO OBTAIN PERSONAL INFORMATION ABOUT YOU DUE TO YOUR USE OF THE SERVICES. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHER USERS OF THE SERVICES OF ANY PERSONAL INFORMATION THAT YOU DISCLOSE ON OR THROUGHOUT THE SERVICES.

TANTO MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, SUITABILITY, RELIABILITY, TIMING, DURABILITY, LEGALITY, OR ANY OTHER ASPECT OF THE SERVICES OFFERED OR PROVIDED BY PROFESSIONALS OR REQUESTED BY CLIENTS THROUGH THE USE OF THE SERVICES WHETHER IN PUBLIC, PRIVATE, OR OFFLINE INTERACTIONS OR ABOUT THE ACCREDITATION, REGISTRATION OR LICENSE OF ANY PROFESSIONAL.

LIMITATION OF LIABILITY

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL TANTO, ANY OF ITS AFFILIATES OR REPRESENTATIVES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE OR APP. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF USE OR YOUR USE OF THE SERVICES EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO TANTO FOR YOUR USE OF THE SERVICES. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE TANTO SERVICES.

TANTO EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS RELATED TO OR ARISING FROM THE USE OF THE SERVICES. YOU AGREE THAT YOU WILL COMPLY WITH ALL LOCAL, STATE, AND FEDERAL LAWS AND REGULATIONS AS IT RELATES TO ACCESSING FEATURES OF THE SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OF ONLINE WEB PORTAL, MOBILE APPLICATION, PAYMENT PROCESSING, CLIENT COMMUNICATIONS AND ALL OTHER FEATURES ACCESSIBLE TO YOU THROUGH THE SERVICES. BECAUSE TANTO IS NOT INVOLVED IN THE ACTUAL INTERACTIONS BETWEEN PROFESSIONALS AND CLIENTS OR IN THE PROVISION OF ANY SERVICES, YOU HEREBY RELEASE AND FOREVER DISCHARGE TANTO AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, WHETHER KNOWN OR UNKNOWN, CONTINGENT OR LIQUIDATED, ARISING FROM OR RELATED TO ANY DISPUTE OR INTERACTIONS WITH ANY OTHER USER, WHETHER ONLINE OR IN PERSON, WHETHER RELATED TO THE PROVISION OF SERVICES OR OTHERWISE.

DISPUTE RESOLUTION

Except for either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret, any and all disputes between You and Tanto arising under or related in any way to these Terms of Use, must be resolved through binding arbitration as described in this Section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of Our Services. YOU AGREE THAT BY ENTERING INTO THESE TERMS OF USE, YOU AND TANTO ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND TANTO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this Section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, You and Tanto must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction.  If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration). All Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator (the “Arbitrator”) administered by the American Arbitration Association (https://www.adr.org) according to this Section and the applicable arbitration rules for that forum. The Arbitrator shall be responsible for determining all threshold arbitrability issues, including issues relating to whether the General Terms and/or Additional Terms (or any aspect thereof) are enforceable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. Subject to applicable jurisdictional requirements, you may elect to pursue your claim in your local small-claims court rather than through arbitration so long as your matter remains in small claims court and proceeds only on an individual (non-class or non-representative) basis. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to a transaction intended for a personal, household, or family use, any arbitration hearing will occur within the county where you reside. Otherwise, any arbitration hearing will occur in Placerville, California, or another mutually agreeable location. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. While an arbitrator may award declaratory or injunctive relief, the Arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim. An Arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect. Tanto will reimburse the arbitration fees due to the American Arbitration Association for individual arbitrations brought in accordance with this section for all claims totaling less than $10,000 unless the Arbitrator determines that your claims were frivolous. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may seek to recover those fees from the arbitrator. For any claim where you are seeking relief, we will not seek to have you pay our attorney’s fees, even if fees might otherwise be awarded, unless the Arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and Tanto also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the Services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases as discussed above) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City and County of Placerville, California, or federal court for the Northern District of California.

These General Terms and any Dispute will be governed by California law and/or applicable federal law (including the Federal Arbitration Act), without regard to its choice of law or conflicts of law principles.

Any action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.