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Terms of service

CROSS CONNECT™

Terms of Use Agreement

Last Updated Date: December 11, 2025

Welcome to Cross Connect™! This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms and conditions between you and WWCC Holdings, Inc. (“Cross Connect,” “we,” “us,” or “our”), governing your access to, interactions with, and other use of our artificial intelligence powered voice companion named “Pete”, together with our mobile application (the “App”) and the services offered or otherwise made available by Cross Connect, as well as the platform available at https://crossconnectapp.com (“Platform”) (collectively, the Platform, Pete, and the services made available through each of the foregoing, including the Pendant (as defined below), the “Services”). 

BY AFFIRMATIVELY AGREEING TO THIS AGREEMENT, OR OTHERWISE ACCESSING AND/OR USING PETE OR ANY OF THE OTHER SERVICES, OR ANY PORTION THEREOF, YOU REPRESENT THAT (1) YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD; (2) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT; AND (3) YOU ARE NOT BARRED FROM USING THE SERVICE UNDER THE LAWS OF THE UNITED STATES, YOUR PLACE OF RESIDENCE OR ANY OTHER APPLICABLE JURISDICTION. IF YOU ARE REGISTERING AN ACCOUNT ON BEHALF OF A USER, YOU FURTHER MAKE THE COVENANTS SET FORTH IN SECTION 1.7(a). IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICES.

SECTION 11 (ARBITRATION AGREEMENT) CONTAINS PROVISIONS THAT GOVERN HOW TO RESOLVE DISPUTES BETWEEN YOU AND CROSS CONNECT. AMONG OTHER THINGS, SECTION 11 (ARBITRATION AGREEMENT) INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND CROSS CONNECT SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 11 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 11 (ARBITRATION AGREEMENT) CAREFULLY.

UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT (AS DEFINED IN SECTION 11) WITHIN THIRTY (30) DAYS IN ACCORDANCE WITH SECTION 11.10 (30-DAY RIGHT TO OPT OUT): (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST CROSS CONNECT ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL. 

PLEASE NOTE THAT IF YOU OPT-IN TO OBTAIN TEXT MESSAGES FROM CROSS CONNECT, SECTION 1.6 (TEXT MESSAGE SERVICES) OF THIS AGREEMENT BELOW CONTAINS TERMS RELATED TO OUR TEXT MESSAGE SERVICES.

PLEASE NOTE THIS AGREEMENT IS SUBJECT TO CHANGE BY CROSS CONNECT IN ITS SOLE DISCRETION AT ANY TIME IN ACCORDANCE WITH SECTION 13.1 BELOW. PLEASE REGULARLY CHECK THE SERVICES TO VIEW THE THEN-CURRENT TERMS.

  1. SERVICES.  

    1. Overview. Cross Connect™ is an artificial intelligence (“AI”)-enabled, faith-based journaling and spiritual guidance offering. The Services are designed for faith-based reflection and personal growth.  You have the right to access the Services solely for your personal, non-business, informational purposes, subject to the terms of this Agreement. Cross Connect, and the services made available through Cross Connect, are designed to provide you with access to an AI companion, Pete, who is designed to allow you to journal and have human-like conversations and dialogue about various subjects, particularly with respect to spiritual guidance, scripture, prayer, and general advice. WHILE WE GENERALLY ALLOW YOU TO TALK TO PETE ABOUT ANYTHING YOU WANT (SUBJECT TO ANY RESTRICTIONS IN THIS AGREEMENT), NEITHER CROSS CONNECT, PETE NOR ANY OF THE OTHER SERVICES ARE INTENDED TO PROVIDE MEDICAL, PSYCHOLOGICAL, THERAPEUTIC, OR OTHER CLINICAL ADVICE TO USERS AND ARE PROVIDED FOR INFORMATIONAL OR ENTERTAINMENT PURPOSES ONLY. YOU ACKNOWLEDGE AND AGREE THAT CROSS CONNECT DOES NOT PROVIDE ANY MEDICAL, PSYCHOLOGICAL, THERAPEUTIC OR OTHER CLINICAL ADVICE OF ANY KIND OR MAKE ANY MEDICAL, PSYCHOLOGICAL, THERAPEUTIC OR OTHER CLINICAL DECISIONS. THE SERVICES ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL, THERAPEUTIC, MEDICAL, OR CLINICAL ADVICE. 

NEVER DISREGARD PROFESSIONAL, THERAPEUTIC, MEDICAL OR CLINICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING PETE HAS SAID OR BECAUSE OF AN INTERACTION WITH THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT REGARDLESS OF ANY INFORMATION OR STATEMENT MADE BY PETE, CROSS CONNECT DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY, EFFICACY, VERACITY, COMPLETENESS, APPROPRIATENESS, OR SAFETY OF ANY INFORMATION OR RESOURCES RECEIVED OR PROVIDED OR MADE AVAILABLE BY PETE OR OTHERWISE THROUGH THE SERVICES. THE SERVICES ARE NOT INTENDED FOR EMERGENCY USE. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911, CONTACT A CARE TEAM MEMBER OR SEEK IMMEDIATE OR OTHER APPROPRIATE EMERGENCY ATTENTION. IF YOU ARE SUICIDAL OR ARE EXPERIENCING SUICIDAL THOUGHTS, IMMEDIATELY CALL THE NATIONAL SUICIDE PREVENTION LIFELINE AT 988. IF YOU ARE OUTSIDE OF THE UNITED STATES, PLEASE CONTACT YOUR LOCAL CRISIS LINE: www.iasp.info/crisis-centres-helplines/.

  1. App License. Subject to your compliance with this Agreement, Cross Connect grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the App on a single Device (as defined below) that you own or control and to run such copy of the App solely for your own personal purposes. 

  2. Supplemental Terms. Your use of, and participation in, certain features and functionality of the Service may be subject to additional terms (“Supplemental Terms”). Such Supplemental Terms will either be set forth in the applicable supplemental Service or will be presented to you for your acceptance when you sign up to use the supplemental Service. If these Terms of Use are inconsistent with the Supplemental Terms, then the Supplemental Terms control with respect to such supplemental Service. 

  3. Updates. You understand that the Service is evolving. As a result, Cross Connect may require you to install updates to the Apps that you have installed on the devices through which you access or use the Service (“Device”). You acknowledge and agree that Cross Connect may update the Service with or without notifying you. You may need to update third-party software from time to time in order to continue to use the Service. Any future release, update or other addition to the Service shall be subject to this Agreement.  

  4. Cross Connect Communications.  

You may have the opportunity to provide us with your e-mail address when you register an Account, visit the Platform, or otherwise interact with the Services. By providing your email address to us, you consent to receiving email communications from Cross Connect. Communications from us and our affiliated companies may include but are not limited to: communications related to one of our offerings, communications related to product or industry developments in our newsletter, or communications to respond to your inquiries. If you opt-in to receiving our marketing or promotional communications by email, you will have the ability to opt out of receiving such communications by following the instructions in this section. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL EMAILS AS A CONDITION OF USING THE SITE OR OUR SERVICES. IF YOU WISH TO OPT OUT OF RECEIVING PROMOTIONAL EMAIL COMMUNICATIONS FROM US, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF.

  1. Text Message Services.  Cross Connect may offer one or more mobile message programs (collectively, the “Message Service”) that allows users to receive SMS/MMS mobile messages by opting-in affirmatively. You agree that your use of the Message Service is governed by this Agreement.  We do not charge for the Message Service, but you are responsible for all charges and fees associated with mobile messaging imposed by your wireless carrier and you acknowledge that your carrier may charge you or deduct usage credit from your account when you text us or we send messages to you.  Message and data rates may apply.  By enrolling a telephone number in the Message Service, you authorize us to send recurring SMS and MMS mobile messages to the number you specify, and you represent that you are authorized to receive mobile messages at such number.  The messages sent through the Message Service may include operational and transactional messages, such as account verification and order status, as well as general marketing messages about Cross Connect products, services, and promotions related thereto.  You agree that these messages may be transmitted using an automatic telephone dialing system (“ATDS”), other automated systems for the selection or dialing of telephone numbers, or different technology.  Your consent to receive mobile messages via an ATDS or other automated system for the selection or dialing of numbers is not required (directly or indirectly) as a condition of purchasing any property, goods or services.  While you consent to receive messages sent using an ATDS, the foregoing shall not be interpreted to suggest or imply that any or all of our messages are sent using such a system.  Message frequency varies.  If you do not wish to continue participating in a Message Service program we offer, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message you receive from that program to opt out.  You may receive an additional mobile message confirming your decision to opt out.  You understand and agree that the foregoing options are the only reasonable methods of opting out.  You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that that we and our service providers will have no liability for failing to honor such requests.  You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those keyword commands set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.  To the extent you subscribe to more than one Message Service program that we operate, you must unsubscribe from each program separately.  For Message Service support or assistance, text the HELP keyword in response to any message you receive through the Message Service or email us at support@crossconnectapp.com.  Please note that the use of this email address is not an acceptable method of opting out of Message Service.  Opt outs must be submitted in accordance with the procedures set forth above.  We may change any short code or telephone number we use to operate the Message Service at any time with notice to you.  You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we are not responsible for honoring requests made in such messages.  The Message Service may not be available in all areas or supported by all carriers or all devices.  Check with your carrier for details.  Delivery of mobile messages is subject to effective transmission from your wireless carrier/network operator and is outside of our control.  We and the wireless carriers supported by the Message Service are not liable for any failed, delayed or undelivered messages.  If you decide to change your mobile phone number, you agree to first opt out of each Message Service program in which your number is enrolled.  For clarity, you acknowledge and agree that any disputes between you and us related to the Message Service will be governed by Section 11  (Arbitration Agreement).

  2. Account Registration. 

    1. Registering Your Account.  In order to access Cross Connect, you may be required to register an account on the Service (“Account”). If you are registering an Account on behalf of a user, you acknowledge and agree that you will secure and maintain all authorizations necessary for purposes of registering an Account on behalf of such user, and will only elect such preferences as are expressly agreed and authorized by any such user.

    2. Registration Data.  In registering an Account on the Services, you shall (i) provide true, accurate, current, and complete information about yourself as prompted by the registration form (the “Registration Data”), and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.

    3. Your Account.  Notwithstanding anything to the contrary herein, you acknowledge and agree that you have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and will forever be owned by and inure to the benefit of Cross Connect.  Furthermore, you are responsible for all activities that occur under your Account.  You shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Services by minors.  You may not share your Account or password with anyone, and you agree to notify Cross Connect immediately of any unauthorized use of your password or any other breach of security.  If you provide any information that is untrue, inaccurate, incomplete or not current, or Cross Connect has reasonable grounds to suspect that any information you provide is untrue, inaccurate, incomplete or not current, Cross Connect has the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof).  You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself.  You shall not have more than one Account at any given time.  Cross Connect reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights.  You agree not to create an Account or use the Services if you have been previously removed by Cross Connect, or if you have been previously banned from any of the Service.

  3. Usage Restrictions.  You agree not to: 

(a) license, sell, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Platform or any portion thereof; 

(b) frame or utilize framing techniques to enclose any trademark or logo of Cross Connect, or any other portion of the Platform (including images, text, page layout or form); 

(c) use any metatags or other “hidden text” using Cross Connect’s name or trademarks; 

(d) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Platform except to the extent the foregoing restrictions are expressly prohibited by applicable law; 

(e) except as expressly stated herein, copy, reproduce, distribute, republish, download, display, post or transmit any part of the Platform in any form or by any means; 

(f) remove or destroy any copyright notices or other proprietary markings contained on or in the Platform; 

(g) send through the Services unsolicited or unauthorized advertising, promotional materials, contests, sweepstakes, barter, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; 

(h) impersonate any person or entity in connection with your use of the Services; 

(i) interfere with or attempt to interfere with the proper functioning of the Services or use the Services in any way not expressly permitted by this Agreement; 

(j) provide false, misleading, or inaccurate information to Pete or Cross Connect; 

(k) attempt to probe, scan, or test the vulnerability of the Platform or any associated system or network; 

(l) intentionally or unintentionally violate any applicable law; 

(m) attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services), whether through password mining or any other means; 

(n) use or attempt to use Cross Connect for the purpose of obtaining healthcare advice, including emergency medical, psychological, or therapeutic care;

(o) request or offer to perform a request that is illegal or violates any of the terms set forth herein; or 

(p) attempt to engage in or engage in, any potentially harmful acts that are directed against the Services, including but not limited to violating or attempting to violate any security features of the Platform, using manual or automated software or other means to access, “scrape,” “crawl,” or “spider” any pages that are part of the Platform, introducing viruses, worms, or similar harmful code into the Platform, or interfering or attempting to interfere with use of the Platform by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Platform.  

Any future release, update or other addition to the Services shall be subject to this Agreement. Cross Connect, its suppliers and service providers reserve all rights not granted in this Agreement. Any unauthorized use of the Services terminates the licenses granted by Cross Connect pursuant to this Agreement.

  1. CONTENT.

  1. User Responsibility for Content. You acknowledge that all content on the Services is the sole responsibility of the party from whom such content originated. This means that you, and not Cross Connect, are entirely responsible for all statements you make or say or information you otherwise submit or make available (“Make Available”) to Cross Connect or otherwise to or through the Services, including Your Contributions (as defined below) (collectively, “Your Content”).

  2. Use of AI.  Our Services utilize certain publicly available artificial intelligence and deep learning platforms, algorithms and models (“Models”) to generate certain questions, and certain responses, comments, and statements (collectively, “Cross Connect Contributions”) based on the questions, comments, and responses made by you to Pete or otherwise to Cross Connect (“Your Contributions”).  You acknowledge that certain of the Cross Connect Contributions are based on Your Contributions, as well as Models and information, and, that Cross Connect has no control over any such Your Contributions, Models or information.  Accordingly, all Cross Connect Contributions are provided “as is” and with “all faults”, and Cross Connect makes no representations or warranties of any kind or nature with respect to any Cross Connect Contributions, including any warranties of accuracy, completeness, truthfulness, timeliness or suitability.  You are solely responsible for your use of or reliance on any such Cross Connect Contributions accessed through the Cross Connect, and you assume all risks associated with your use of or reliance on your Cross Connect Contributions, including any potential copyright infringement claims from third parties or any disclosure of your Cross Connect Contributions that personally identifies you or any third party. Furthermore, Cross Connect will have no liability for the unavailability of any Models, or any third party’s decision to discontinue, suspend or terminate any third-party provided Models. You understand that additional license requirements may apply to certain Models, and will be included in information for such Models as part of your use of the Services and that you must review and comply with such requirements for the Models used. BECAUSE PETE UTILIZES ARTIFICIAL INTELLIGENCE TO COMMUNICATE WITH YOU, PETE MAY PROVIDE INFORMATION THAT IS AN INACCURATE OR INAPPROPRIATE RESPONSE TO YOUR REQUESTS OR OTHER PROMPTS IN PETE’S INTERACTIONS WITH YOU.  YOU AGREE THAT CROSS CONNECT WILL NOT BE HELD LIABLE TO YOU OR ANY THIRD PARTY FOR PETE PROVIDING SUCH INACCURATE OR INAPPROPRIATE INFORMATION TO YOU.

  3. No Obligation to Pre-Screen Content. Cross Connect may, but is not obligated to, investigate, monitor, pre-screen, remove, refuse, or review the Services and/or content available thereon, including Your Content, at any time. You hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation your discussions with Cross Connect. 

Without limiting the foregoing, Cross Connect reserves the right to: (a) take any action with respect to any of Your Content that we deem necessary or appropriate in our sole discretion, including if we believe that such content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for Cross Connect; (b) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (c) take appropriate legal action, including without limitation, referral to and cooperation with law enforcement and/or other applicable legal authorities, for any illegal or unauthorized use of the Services or if Cross Connect otherwise believes that criminal activity has occurred; and/or (d) terminate or suspend your access to Cross Connect or any other part of the Services for any or no reason, including without limitation, any violation of this Agreement. Upon determination of any possible violations by you of any provision of this Agreement, Cross Connect, may, at its sole discretion immediately terminate your license to use the Services, or change, alter or remove Your Content, in whole or in part, without prior notice to you.

If Cross Connect believes that criminal activity has occurred, Cross Connect reserves the right to, except to the extent prohibited by applicable law, disclose any information or materials on or in the Services, including Your Content, in Cross Connect’s possession in connection with your use of the Services, to (i) comply with applicable laws, legal process or governmental request, (ii) enforce this Agreement, (iii) respond to any claims that Your Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Cross Connect, its users or the public, and all enforcement or other government officials, as Cross Connect in its sole discretion believes to be necessary or appropriate.

  1. Necessary Equipment and Software.  You must provide all equipment and software necessary to connect to the Services, including but not limited to, a mobile device or landline telephone that is suitable to connect with Cross Connect.  You are solely responsible for any fees, including Internet connection or mobile or landline fees, that you incur when accessing the Services.  

  2. Storage. Cross Connect has no obligation to store any of Your Content that you Make Available on the Services. 

  1. OWNERSHIP.

    1. Services.  Except with respect to Your Content, you agree that Cross Connect and its suppliers own all rights, title and interest in the Services, and all intellectual property underlying or used in connection with the Services, including without limitation any Models, as well as the intellectual property rights thereto. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any of the Services. Except as expressly stated in this Agreement, you are not granted any intellectual property rights in or to the Services by implication, estoppel, or other legal theory, and all rights in and to the Services not expressly granted in this Agreement are hereby reserved and retained by Cross Connect.

    2. Trademarks.  Cross Connect and all related graphics, logos, service marks and trade names used on or in connection with the Services are the trademarks of Cross Connect and may not be used without permission in connection with your, or any third-party, products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners.

    3. License to Your Content.  You grant Cross Connect a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive, transferable and non-sublicensable license to record, store, and use Your Content (in whole or in part, including as audio recordings), for the purposes of operating, providing, and improving the Services, and on an identifiable and/or de-identified or aggregated basis, to improve the Services, including to train the Models. 

    4. Feedback. If you elect to provide suggestions or feedback, you hereby grant to Cross Connect a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Services any suggestions, enhancement requests, recommendations or other feedback provided by you that relates to the Services. Cross Connect will not identify you as the source of any such feedback.

  2. COMMUNITY GUIDELINES. 

THE SERVICES ARE STRICTLY DESIGNED FOR YOU TO HAVE CONVERSATIONS WITH PETE AS YOUR AI COMPANION AND TO FACILITATE DYNAMIC JOURNALING AND DIALOGUE. As a condition of use, you agree not to Make Available any content or information or take any action using the Services that: (a) may constitute, contribute to, depict, or encourage a crime, illegal or terrorist activity, or a violation or infringement of any third party’s rights; (b) is unlawful, harmful, threatening, abusive, harassing, inflammatory, defamatory, libelous, discriminatory, deceptive, fraudulent, invasive of another’s privacy, tortious, offensive, vulgar, hateful, or is racially, ethnically, or otherwise objectionable (in our sole discretion); (c) contains adult content, including obscene, pornographic, and/or sexual terms, or profanity; (d) may create a risk of, glorify, encourage, or threaten violence, harm, physical or mental injury, emotional distress, death, disability, disfigurement, self-harm, or any other loss or damage to you or any other person or to any animal or to any property; (e) exploits political agendas or “hot button” issues for commercial use, or that contains hate speech based upon the race, sex, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language of an individual or group; (f) you do not have the right to Make Available or to take under any law under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or (g) harms minors in any way, or solicits or otherwise attempts to gain any information from a minor. 

  1. FEES AND PURCHASE TERMS.

    1. Third-Party Service Provider.  Cross Connect uses Stripe, Inc. and its affiliates as its third-party service provider for payment services (e.g., card acceptance, merchant settlement, and related services), and may use other providers for payment services from time-to-time (each, a “Third-Party Service Provider”).  If you make a purchase on the Service, you will be required to provide your payment details and any additional information required to complete your order directly to our Third-Party Service Provider.  You agree to be bound by Stripe’s Privacy Policy (currently accessible at https://stripe.com/us/privacy) and its Terms of Service (currently accessible at https://stripe.com/ssa) and hereby consent and authorize the Cross Connect and Stripe to share any information and payment instructions you provide with one or more Third-Party Service Provider(s) to the minimum extent required to complete your transactions.  Please note that online payment transactions may be subject to validation checks by our Third-Party Service Provider and your card issuer, and we are not responsible if your card issuer declines to authorize payment for any reason.  For your protection, our Third-Party Service Provider uses various fraud prevention protocols and industry standard verification systems to reduce fraud and you authorize it to verify and authenticate your payment information.  Your card issuer may charge you an online handling fee or processing fee.  We are not responsible for this.  In some jurisdictions, our Third-Party Service Provider may use third parties under strict confidentiality and data protection requirements for the purposes of payment processing services.

    2. Payment.  You shall pay all fees or charges (“Fees”) in accordance with the fees, charges and billing terms in effect at the time a Fee is due and payable, as listed on the Platform and/or accessible through your Account.  By providing Cross Connect and/or our Third-Party Service Provider with your payment information, you agree that Cross Connect and/or our Third-Party Service Provider are authorized to immediately invoice you within your Account for all Fees due and payable to Cross Connect hereunder and that no additional notice or consent is required.  You shall immediately notify Cross Connect of any change in your payment information to maintain its completeness and accuracy.  Cross Connect reserves the right at any time to change its prices and billing methods in its sole discretion.  You agree to have sufficient funds or credit available upon placement of any order to ensure that the purchase price is collectible by us.  Your failure to provide accurate payment information to Cross Connect and/or our Third-Party Service Provider or our inability to collect payment constitutes your material breach of this Agreement.  Except as set forth in this Agreement, all Fees for the Service are non-refundable.

    3. Subscriptions.  If you purchase access to certain features and functionality of the Services on a time-limited basis (a “Subscription”), the Fee for such Subscription (“Service Subscription Fee”) will be billed at the start of the Subscription (“Subscription Service Commencement Date”) and at regular intervals (“Subscription Term”) in accordance with your elections at the time of purchase.  Cross Connect reserves the right to change the timing of our billing. Cross Connect reserves the right to change the Subscription pricing at any time.  If changes to the Subscription price occur that impact your Subscription, Cross Connect will use commercially reasonable efforts to notify you, such as by sending an email to the email address associated with your Account.  If you do not agree with such changes, you may cancel your Subscription . 

      1. Automatic Renewal.  If you elect to purchase a Subscription, your Subscription will continue and automatically renew at Cross Connect’s then-current price for such Subscription until terminated in accordance with this Agreement.  The frequency at which your Subscription renews (e.g., monthly) will be designated at the time at you sign up for the Subscription and may be modified by you via your Account settings.  By subscribing, you authorize Cross Connect to charge the payment method designated in your Account now, and again at the beginning of any subsequent Subscription Term.  Upon renewal of your Subscription, if Cross Connect does not receive payment, (i) you shall pay all amounts due on your Account upon demand and/or (ii) you agree that Cross Connect may either terminate or suspend your Subscription and continue to attempt to charge your designated payment method until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new Subscription Term will begin as of the day payment was received).

        1. Cancelling Subscriptions.  Please refer to the party or method through which you purchased your Subscription (e.g., via an App Store) for instructions on how to cancel your Subscription.  Your cancellation generally will take effect at the end of the billing cycle in which you cancel, and you will maintain access to your Account until then.

        2. Effect of Cancellation.  If you cancel your Subscription, you may use your Subscription until the end of your then-current Subscription term; your Subscription will not be renewed after your then-current term expires.  However, you will not be eligible for a prorated refund of any portion of the Service Subscription Fee paid for the then-current Subscription Term. 

      2. Refunds. Except as required by applicable law, all Fees and other amounts paid in connection with the Services (including without limitation any Service Subscription Fees, or other charges) are non-refundable, non-cancellable, and non-creditable, regardless of actual usage, termination, or dissatisfaction. By purchasing any Subscription or other Service from the Cross Connect, you acknowledge and agree that the Cross Connect has no obligation to provide any refunds or credits under any circumstances, including in connection with a cancellation, or termination of your Subscription. Any exception to this policy must be authorized in writing by the Cross Connect and will be granted in the Cross Connect’s sole and absolute discretion. Without limiting the foregoing, this Section does not apply to purchases of the Pendant (defined below), which will be governed by the Limited Product Warranty and Refund Policy linked below.

  2. CROSS-CONNECT PENDANT.

    1. The Pendant. You may purchase the Cross Connect connected audio pendant (the “Pendant”) via the Services. The Pendant is compatible with the Services. Please ensure that you use the Pendant in accordance with all documentation provided to you. For the avoidance of doubt, you should depress the record button on the Pendant when you wish to use it to record a reflection, and release the record button when you want it to stop recording. CROSS CONNECT WILL NOT BE LIABLE FOR ANY CONTENT OR INFORMATION THAT IS CAPTURED VIA THE PENDANT IF YOU DO NOT TURN IT OFF WHEN YOU INTEND TO.

    2. Not a Medical Device. The Pendant is not a medical device. If you experience any discomfort while wearing the Pendant, do not continue wearing the Pendant.

    3. Limited Product Warranty and Refund Policy. The Limited Product Warranty and Refund Policy for the Pendant, available at Limited Product Warranty and Return Policy is hereby incorporated into this Agreement by reference.

  3. INDEMNIFICATION. You agree to indemnify and hold Cross Connect, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “Cross Connect Party” and collectively, the “Cross Connect Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) Your Content (including Your Contributions); (b) your use of, or inability to use, any of the Services; (c) your violation of the Agreement; (d) your violation of any rights of another party, including any other users; (e) your use of the Pendant, or (f) your violation of any applicable laws, rules or regulations. Cross Connect reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Cross Connect in asserting any available defenses. This provision does not require you to indemnify any of the Cross Connect Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Services provided hereunder. You agree that the provisions in this section will survive any termination of the Agreement and/or your access to the Services.

  4. DISCLAIMER OF WARRANTIES AND CONDITIONS.

    1. As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, YOUR ACCESS TO INFORMATION ON THE PLATFORM, YOUR USE OF THE PENDANT, AND YOUR INTERACTIONS WITH PETE, ARE AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. THE CROSS CONNECT PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES. THE CROSS CONNECT PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THAT DEFECTS WILL BE CORRECTED; (D) THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE . ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.  THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. CROSS CONNECT MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF THE SERVICES.  NOTE THAT THE CHATBOT FUNCTION AND SERVICES ARE NOT INTENDED TO REPLACE THE ADVICE OR SERVICES OF A LICENSED OR OTHER TRAINED PROFESSIONAL. YOU ACKNOWLEDGE AND AGREE THAT ANY CONDUCT YOU ENGAGE IN AS A RESULT OF PETE IS AT YOUR OWN RISK. THE CROSS CONNECT  PARTIES DO NOT (1) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR RESOURCES PROVIDED WITHIN, OR IN CONNECTION WITH, THE SERVICES, INCLUDING WITH RESPECT TO ANY OUTPUTS OR CROSS CONNECT CONTRIBUTIONS; OR (2) ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY SUCH OUTPUTS OR CROSS CONNECT CONTRIBUTIONS, INCLUDING ANY INFORMATION OR RESOURCES PROVIDED AS PART OF ANY OUTPUTS OR CROSS CONNECT CONTRIBUTIONS. UNDER NO CIRCUMSTANCES WILL THE CROSS CONNECT PARTIES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION OR RESOURCES.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CROSS CONNECT OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.  

    2. Medical Disclaimer. AS FURTHER DESCRIBED AND DISCLAIMED IN SECTION 1.1, PETE IS NOT A MEDICAL, THERAPEUTIC, OR CLINICAL SERVICE AND CROSS CONNECT DOES NOT OFFER MEDICAL ADVICE OR THERAPEUTIC OR ENGAGE IN THE PRACTICE OF MEDICINE OR THERAPY. THE SERVICES, INCLUDING ANY CROSS CONNECT CONTRIBUTIONS, ARE FOR INFORMATIONAL OR ENTERTAINMENT PURPOSES ONLY, AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL, MEDICAL ADVICE, OR CLINICAL ADVICE.

  5. LIMITATION OF LIABILITY.

    1. Disclaimer of Certain Damages.  YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL THE CROSS CONNECT PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT CROSS CONNECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT ON ANY THEORY OF LIABILITY, RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; (E) THE USE OF ANY CONTENT, INFORMATION, OR OTHER MATERIAL ON THE SERVICES OR LINKED TO THROUGH THE SERVICES; OR (F) ANY OTHER MATTER RELATED TO THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A CROSS CONNECT PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A CROSS CONNECT PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A CROSS CONNECT PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION. 

    2. Cap on Liability. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THE CROSS CONNECT PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) $100; OR (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A CROSS CONNECT PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A CROSS CONNECT PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A CROSS CONNECT PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

    3. Exclusion of Damages. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

    4. Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CROSS CONNECT AND YOU.

  6. TERM AND TERMINATION.  

    1. Term.  The Agreement commences on the date when you accept it (as described in the preamble above) and remains in full force and effect while you use the Services, unless terminated earlier in accordance with the Agreement.

    2. Termination of Services by Cross Connect.  If you have breached any provision of the Agreement, or if Cross Connect is required to do so by law (e.g., where the provision of the Services is, or becomes, unlawful), Cross Connect has the right to, immediately and without notice, suspend or terminate any Services provided to you. You agree that all terminations for cause shall be made in Cross Connect’s sole discretion and that Cross Connect shall not be liable to you or any third party for any termination of your use of the Services. Further, if this Agreement is terminated for any reason, then your access to and use of the Services, including Cross Connect, is automatically terminated.

    3. Termination by You.  If you want to terminate this Agreement, you may do so by deleting your Account.  Upon deletion of your Account, your Subscription will be cancelled as of the date of Account deletion and you will not be entitled to a refund of any Fees paid. If you delete your Account, all of Your Content will be permanently erased and cannot be recovered. For the avoidance of doubt, Cross Connect reserves the right to retain any and all de-identified or aggregated data based upon, or derived from, any of the foregoing, including any of Your Content, and any resulting insights related thereto, which are owned and retained by Cross Connect.   

    4. Effect of Termination.  Upon termination or expiration of this Agreement for any reason all licenses granted hereunder will immediately terminate.  Your right to use the Services will automatically terminate immediately, and you understand that termination of the Services may involve deletion of Your Content associated therewith from our live databases. Cross Connect will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content.  All provisions of the Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, licenses to Your Content, warranty disclaimers, indemnification, governing law, venue, and limitation of liability.

  7. ARBITRATION AGREEMENT. Please read this section (the “Arbitration Agreement”) carefully. It is part of your contract with Cross Connect and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. 

    1. Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and Cross Connect agree that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of the Service, any communications you receive, any products sold or distributed through the Service or this Agreement and prior versions of this Agreement, including claims and disputes that arose between you and us before the effective date of this Agreement (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (i) you and Cross Connect may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (ii) you or Cross Connect may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of this Agreement as well as claims that may arise after the termination of this Agreement. 

    2. Informal Dispute Resolution. There might be instances when a Dispute arises between you and Cross Connect. If that occurs, Cross Connect is committed to working with you to reach a reasonable resolution. You and Cross Connect agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome (“Informal Dispute Resolution”). You and Cross Connect therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.

The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within forty-five (45) days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to Cross Connect that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to legal@crossconnectapp.com. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your Account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute.

The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.

  1. Waiver of Jury Trial. YOU AND CROSS CONNECT HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Cross Connect are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 11.1 (Applicability of Arbitration Agreement). There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. 

  2. Waiver of Class and Other Non-Individualized Relief. YOU AND CROSS CONNECT AGREE THAT, EXCEPT AS SPECIFIED IN SECTION 11.9 (BATCH ARBITRATION), EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under Section 11.9 (Batch Arbitration). Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Cross Connect agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of Delaware. All other Disputes shall be arbitrated or litigated in small claims court. This section does not prevent you or Cross Connect from participating in a class-wide settlement of claims.

  3. Rules and Forum. This Agreement evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution process described above does not resolve satisfactorily within sixty (60) days after receipt of your Notice, you and Cross Connect agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”), in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this section of this Arbitration Agreement. The AAA Rules are currently available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf.

A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable Account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration. 

If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. 

Unless you and Cross Connect otherwise agree, or the Batch Arbitration process discussed in Section 11.9 (Batch Arbitration) is triggered, the arbitration will be conducted in the county where you reside. Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any AAA fees and costs will be solely as set forth in the applicable AAA Rules. 

You and Cross Connect agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential. 

  1. Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Delaware 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 thirty-five (35) days of delivery of the Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules, provided that if the Batch Arbitration process under Section 11.9 (Batch Arbitration) is triggered, the AAA will appoint the arbitrator for each batch.

  2. Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to Section 11.4 (Waiver of Class and Other Non-Individualized Relief), including any claim that all or part of Section 11.4 (Waiver of Class and Other Non-Individualized Relief) is unenforceable, illegal, void or voidable, or that such Section 11.4 (Waiver of Class and Other Non-Individualized Relief) has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in Section 11.9 (Batch Arbitration), all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in Section 11.9 (Batch Arbitration). The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.

  3. Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Cross Connect need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs. 

  4. Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Cross Connect agree that in the event that there are one-hundred (100) or more individual Requests of a substantially similar nature filed against Cross Connect by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the AAA shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).

All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Cross Connect.

You and Cross Connect agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.

This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

  1. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: WWCC Holdings, Inc., 50 W Broadway Ste 333, PMB 344092, Salt Lake City, Utah 84101-2027 US (with a copy via e-mail to legal@crossconnectapp.com), within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

  2. Invalidity, Expiration. Except as provided in Section 11.4 (Waiver of Class or Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with Cross Connect as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.

  3. Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Cross Connect makes any future material change to this Arbitration Agreement, we will notify you. Unless you reject the change within thirty (30) days of such change become effective by writing to Cross Connect at legal@crossconnectapp.com, your continued use of the Service, including the acceptance of products and services offered on the Service following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of this Agreement and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Service, any communications you receive, any products sold or distributed through the Service or this Agreement, the provisions of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement) remain in full force and effect. Cross Connect will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of this Agreement.

  1. THIRD-PARTY SERVICE.

  1. Third-Party Websites, Apps and Ads. The Service may contain links to third-party websites (“Third-Party Websites”), applications (“Third-Party Apps”) and advertisements for third parties (“Third-Party Ads”) (collectively, the “Third-Party Services”). When you click on a link to a Third-Party Service, we will not warn you that you have left the Service and you become subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Services are not under the control of Cross Connect. Cross Connect is not responsible for any Third-Party Services. Cross Connect provides these Third-Party Services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services, or any product or service provided in connection therewith. You use all links in Third-Party Services at your own risk. When you leave our Service, this Agreement and our policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Services, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. 

  2. Third-Party App Access. With respect to any App accessed through or downloaded from the Apple App Store (an “App Store Sourced App”), you shall only use the App Store Sourced App (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple Media Terms of Service, except that such App Store Sourced App may be accessed, acquired, and used by other accounts associated with the purchaser via Apple’s Family Sharing function, volume purchasing, or Legacy Contacts function. 

  3. Accessing and Downloading the App from the Apple App Store. The following applies to any App Store Sourced App accessed through or downloaded from the Apple App Store: 

    1. You acknowledge and agree that (i) this Agreement is concluded between you and Cross Connect only, and not Apple, and (ii) Cross Connect, not Apple, is solely responsible for the App Store Sourced App and content thereof. Your use of the App Store Sourced App must comply with the App Store Terms of Service. 

    2. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced App. 

    3. In the event of any failure of the App Store Sourced App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced App. As between Cross Connect and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Cross Connect. 

    4. You and Cross Connect acknowledge that, as between Cross Connect and Apple, Apple is not responsible for addressing any claims you have or of any third party relating to the App Store Sourced App or your possession and use of the App Store Sourced App, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

    5. You and Cross Connect acknowledge that, in the event of any third-party claim that the App Store Sourced App or your possession and use of that App Store Sourced App infringes that third party’s intellectual property rights, as between Cross Connect and Apple, Cross Connect, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. 

    6. You and Cross Connect acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the App Store Sourced App, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App Store Sourced App against you as a third-party beneficiary thereof. 

    7. Without limiting any other terms of this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced App.

  1. GENERAL PROVISIONS.

    1. Modifications to the Agreement.  Cross Connect may modify the terms of this Agreement at any time in its sole discretion. When changes are made, Cross Connect will make a new copy of the Agreement on the Platform. We will also update the “Last Updated” date. Any changes will be effective immediately for new users and will be effective thirty (30) days after posting notice of such changes on the Platform for existing users, provided that any material changes shall be effective for existing users upon thirty (30) days after posting notice of such changes on the Services. Cross Connect may require you to provide consent to the updated Agreement in a specified manner before further use of the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you may stop using the Services and terminate this Agreement in accordance with Section 10.3. Otherwise, your continued use of the Services constitutes your acceptance of such change(s).

    2. Assignment. This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Cross Connect’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Cross Connect may assign, transfer or delegate any of its rights and obligations hereunder without your consent.

    3. Force Majeure. Cross Connect shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. 

    4. Questions, Complaints, Claims.  If you have any questions, complaints or claims with respect to the Services, please contact us at: legal@crossconnectapp.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

    5. Governing Law; Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Cross Connect agree that all claims and disputes arising out of or relating to this Agreement will be litigated exclusively in the state or federal courts located in Delaware. THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT.  

    6. Notice.  Where Cross Connect requires that you provide an e-mail address, you are responsible for providing Cross Connect with your most current e-mail address. In the event that the last e-mail address you provided to Cross Connect is not valid, or for any reason is not capable of delivering to you any notices required/permitted by the Agreement, Cross Connect’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Cross Connect at the following: legal@crossconnectapp.com. Such notice shall be deemed given when received by Cross Connect by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.

    7. Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

    8. Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

    9. Entire Agreement.  The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.