Terms of Service

Effective Date: July 30, 2026

These Terms of Service, together with our Terms of Use available at https://mytivamo.com/terms-of-use/, and Privacy Policy available at https://privacy.mytivamo.com/, each incorporated by reference (collectively, the “Terms”), govern your access to and use of services and products made available by or through TiVaMo, Inc. (“TiVaMo,” “we,” “us,” or “our”), including our website(s), web application(s), mobile application(s), and related online services (collectively, the “Services”).

By accessing, using, creating an account for, subscribing to, or interacting with the Services, you confirm that you have read, understood, and agree to be bound by and comply with these Terms. If you do not agree to these Terms, you may not access or use the Services.

Modification of Terms. We may update these Terms from time to time, except that changes to the arbitration agreement are governed by the Dispute Resolution, Arbitration, and Class Action Waiver section below. We will provide notice when required by applicable law. Your continued use of the Services after an update becomes effective constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Services before the update takes effect.

1. Eligibility

You may use the Services only if you are at least 18 years old, are located in the United States, and are not barred from using the Services under applicable law, including applicable sanctions, export control, and restricted-party laws. You agree that your use of the Services will comply with laws, rules, and regulations applicable to you and your activities. You may use the Services only for your own personal, household, and non-commercial purposes unless we expressly authorize another use in writing.

2. Your Account

2.1. Setting Up an Account.

You may need to create a TiVaMo account to use certain features of the Services. To create and maintain your account, you may need to provide information requested through the Services, such as your email address or mobile phone number. You agree to provide information that is true, accurate, current, and complete to the best of your knowledge, and you agree to keep your account information current. If you provide personal information about another person, you represent that you have permission to do so.

2.2. Login Credentials.

You are responsible for keeping your login credentials confidential and for all activity under your account. You must promptly notify us at support@mytivamo.com if you believe your account, device, credentials, authentication factors, payment information, financial information, or other account information have been lost, stolen, compromised, or used without authorization.

2.3. Account Security.

We may close, suspend, restrict, or limit access to your account or the Services if we cannot verify your identity or eligibility, if your account security may have been compromised, if required by law, if continued access could create risk to TiVaMo or others, or if we reasonably believe your account or the Services have been used illegally, fraudulently, abusively, or in violation of these Terms or the Terms of Use.

3. Financial Data, Connected Accounts, and Authorizations

3.1. Connected Accounts.

“Connected Account” means a financial or other account that you maintain with a third party and connect to the Services or otherwise authorize TiVaMo to access. The Services may allow you to connect Connected Accounts, including accounts maintained with financial institutions, data aggregators, payment processors, and account verification providers.

3.2. Connected Account Information.

By connecting a Connected Account or authorizing TiVaMo to obtain information from a third party, you authorize TiVaMo and its service providers to collect, access, receive, use, retain, process, display, transmit, and share information made available through that Connected Account or other third party as needed to provide the Services you request and as otherwise described in our Privacy Policy available at https://privacy.mytivamo.com/. You represent that you have all rights and permissions necessary to grant this authorization. You are responsible for the accuracy of information you provide to TiVaMo.

3.2.1. Revocation.

You may revoke an authorization by contacting us at support@mytivamo.com or through available account-linking or third party provider controls. Revocation may limit, degrade, or disable features that depend on Connected Account data. Revocation does not affect information that TiVaMo or its service providers collected, processed, or retained before revocation as permitted by the Terms, applicable law, our Privacy Policy, backup systems, security requirements, compliance obligations, or legitimate business purposes.

3.2.2. TiVaMo is Not Responsible for Connected Account Information.

Information from Connected Accounts may be delayed, inaccurate, incomplete, unavailable, or outdated. TiVaMo does not control and is not responsible for third party account terms, fees, availability, accuracy, delays, restrictions, outages, errors, data refresh failures, or other third-party acts or omissions, except as required by applicable law.

4. User Content

4.1. Definition.

“User Content” means information, data, files, text, profile information, financial information, account information, settings, or other content you make available to the Services. You own your User Content. “Permitted Retention Purposes” means legal, security, backup, audit, accounting, compliance, fraud-prevention, dispute-resolution, service integrity, and other legitimate business purposes.

4.2. Privacy Rights.

For information about privacy rights that may apply to you, please review our Privacy Policy.

4.3. Rights and Permissions.

You are responsible for your User Content. You represent that you have all rights and permissions needed to provide User Content to us and to authorize our use of User Content as described in these Terms and our Privacy Policy. You also represent that your User Content does not violate these Terms, the Terms of Use, applicable law, or the rights of any third party.

4.4. License to User Content.

By making User Content available to TiVaMo, you grant TiVaMo and its service providers a limited, non-exclusive, royalty-free, fully paid-up, worldwide license to host, store, reproduce, process, display, transmit, back up, and use your User Content as needed to provide the Services you request and as described in our Privacy Policy. After you close your account, we may retain copies for Permitted Retention Purposes, and as otherwise described in our Privacy Policy.

5. Data Security

5.1. TiVaMo Security.

We maintain an information security program designed to protect personal information and financial information we collect, process, or store through the Services. Our program includes administrative, technical, and physical safeguards designed to comply with applicable law. You acknowledge that no method of data transmission or storage is completely secure. We do not guarantee that the Services, accounts, systems, data, or communications will be completely secure, uninterrupted, or free from unauthorized access.

5.2. User Security Measures.

You are responsible for protecting your account credentials, devices, passwords, authentication factors, recovery methods, and account access. You should use strong passwords, keep your contact information current, protect your devices, and promptly report suspected unauthorized access. If we determine that a security incident involving your personal information or financial information requires notice under applicable law, we will provide notice in the manner and timeframe required by that law. We may provide notices through the Services, by email, or by other legally permitted methods.

6. Ownership, License, Restrictions, and Feedback

6.1. TiVaMo Content.

TiVaMo and its licensors own all right, title, and interest, including without limitation, all intellectual property rights in and to the Services and all content included therein (excluding User Content and third party data) including without limitation (a) all source code, object code, software, designs, interfaces, documentation, databases, functionality, workflows, models, templates, and other technology and materials related thereto, (b) all copyrights, trademarks, service marks, trade secrets, patents, and other rights used in connection therewith, and (c) all copies, reproductions, modifications, enhancements, improvements, and updates to, and all derivatives of any of, the foregoing (collectively, “TiVaMo Content”).

6.2. Limited License to Use the Services.

Subject to your compliance with these Terms, the Terms of Use, and any applicable additional terms, TiVaMo grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services in the United States while your account remains active solely for your personal, household, and non-commercial use and in accordance with the Terms and applicable law. All rights not expressly granted to you in these Terms are reserved by TiVaMo or its licensors.

6.3. Restrictions.

You may not, and may not help anyone else, do or attempt to do any of the following:

• Copy, reproduce, display, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, decompile, disassemble, or create derivative works from the Services without our prior written consent.
• Use the Services for any unlawful, fraudulent, misleading, harmful, or abusive purpose.
• Access, use, copy, scrape, crawl, index, mine, or extract any part of the Services through spiders, scrapers, bots, crawlers, indexing agents, automated tools, or similar technologies, except as expressly permitted by us in writing.
• Upload, transmit, introduce, or distribute viruses, malware, adware, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted files, or other harmful code.
• Alter, interfere with, disrupt, impair, overload, or tamper with materials, systems, networks, data, accounts, security features, authentication measures, or access controls on or associated with the Services.
• Attempt to bypass, disable, avoid, or defeat any technology used to protect or restrict access to the Services.
• Probe, scan, test, or exploit the vulnerability of the Services or any related system or network without our prior written authorization.
• Use the Services to submit, transmit, store, or make available content that is fraudulent, knowingly inaccurate, misleading, infringing, defamatory, abusive, harassing, obscene, harmful, unlawful, or otherwise violates the rights of TiVaMo, our users, or any third party.
• Misrepresent your identity, affiliation, account information, financial information, or authority to act for another person.
• Use another person’s account, credentials, financial account, payment method, or personal information without authorization.
• Use the Services in a way that could cause TiVaMo or others to violate applicable law.
• Use the Services in violation of these Terms, the Terms of Use, the Privacy Policy, or any applicable additional terms.

6.4. Feedback.

If you send us suggestions, comments, ideas, improvements, requests, or other feedback about the Services (“Feedback”), you acknowledge and agree that we may use, copy, modify, commercialize, and otherwise exploit that Feedback without restriction, compensation, acknowledgment, or notice to you. You agree that Feedback is provided voluntarily and does not create any confidentiality, fiduciary, or compensation obligation.

7. Accuracy of Information and Third-Party Content

7.1. Services Information.

We try to keep information on the Services complete, accurate, and current, however, we do not guarantee that this will always be the case. Information may be inaccurate, incomplete, delayed, unavailable, outdated, or subject to later correction. Except as prohibited by law, we do not represent that information on the Services is complete, accurate, current, available, or refreshed at any particular time.

7.2. User Verification.

You are responsible for reviewing information in the Services and verifying it directly with the relevant source before relying on it or making financial or other decisions based on it.

7.3. Third Party Materials.

The Services may contain links to or integrate with Connected Accounts and other third-party websites, services, products, materials, content, advertisements, offers, tools, or information (collectively, “Third Party Materials”). TiVaMo does not own or control Third Party Materials, and your access to or use of Third-Party Materials is at your own risk. These Terms, the Terms of Use, and our Privacy Policy do not apply to third party services.

8. AI Features

8.1. AI is used throughout the Services.

TiVaMo uses artificial intelligence, including machine learning and large language models (collectively, “AI Features”), to help generate content, answers, suggestions, categorizations, budgets, forecasts, insights, and other results. We refer to any content or results that are generated or assisted by AI, in whole or in part, as “AI Results.” AI Results are created automatically by computer systems, not by a person.

8.2. You may not always know which content is AI-generated.

AI is built into many parts of the Services and may be used to produce or shape a wide range of what you see, including how your transactions are categorized, how your spending is summarized, and any budgets, projections, or recommendations. We may not separately label or identify which content is AI-generated, and you may not be able to tell whether any particular result was produced by AI, by other automated methods, or from other sources. Because of this, you should treat all outputs of the Services with the same care described in this section, whether or not they are identified as AI Results.

8.3. AI Results may be wrong.

AI Results are generated automatically and may be inaccurate, incomplete, outdated, or unsuitable. In particular:

• (a) they may be inaccurate, incomplete, out of date, or otherwise unsuitable for what you need, including mis-categorizing transactions or producing inaccurate budgets, totals, or forecasts;
• (b) you may get different results even when using the same or similar information;
• (c) they are not our advice, opinion, or recommendation; and
• (d) they are a starting point, not a final answer, and you should not rely on them on their own.

8.4. Please check before you rely on any output.

You are responsible for how you use the Services and outputs you obtain from using them. Before you rely on or act on any output of the Services, including any AI Results, you should review and confirm they are accurate and appropriate for your situation, using your own judgment and records and, where appropriate, a qualified professional. You also agree to use the Services only as allowed by law and by these Terms and other posted guidelines.

9. No Deposit Relationship or Credit Reporting

9.1. No Deposits.

TiVaMo does not hold deposits or other amounts on your behalf, maintain bank accounts, or provide money movement services such as moving money or initiating transfers on your behalf. Amounts shown in the Services are not deposits with TiVaMo, are not insured by the FDIC or any other government agency through TiVaMo, and do not create a debtor-creditor, fiduciary, trustee, custodial, advisory, or deposit relationship with TiVaMo.

9.2. No Credit Reporting.

TiVaMo does not provide consumer reports and is not a consumer reporting agency under the Fair Credit Reporting Act. You may not use the Services or information made available through the Services as a consumer report, credit report, background check, tenant screening report, employment screening report, insurance eligibility report, or other regulated eligibility report.

10. Mobile Services, Text Messages, and Notifications

10.1. Mobile Services.

The Services may include mobile applications and/or features available through a mobile device. Your wireless carrier’s standard charges, data rates, message rates, roaming charges, and other fees may apply. Some mobile features may be unavailable or restricted by your carrier, device, operating system, settings, location, or applicable law.

10.2. Text and Other Messaging.

By using mobile features, you agree that TiVaMo may communicate with you by SMS, MMS, text message, push notification, in-app message, email, or other electronic means to your mobile device or account, where permitted by law. Message and data rates may apply. Message frequency may vary. You may opt out of marketing text messages as described in the message or applicable consent flow. Opting out of marketing text messages does not prevent us from sending transactional, security, account, legal, or service-related messages where permitted by law. If you change or deactivate your mobile telephone number, you agree to update your account promptly, so messages are not sent to the person who receives your old number.

11. Subscriptions, Payments, Taxes, Error Reporting

11.1. Subscription Services.

Some Services may be offered on a recurring subscription basis (“Subscription Services”). Before you enroll in a paid subscription, we will disclose the price, billing frequency, renewal terms, cancellation method, and any material limitations. By enrolling in a subscription, you authorize us to automatically create recurring orders and charge your designated payment method for the applicable Subscription Services, taxes, and other applicable fees at the frequency you select until you cancel.

11.2. Pricing.

Subscription Services will be billed at the price in effect when each recurring order is processed. We may change subscription pricing, available frequencies, eligible Services, subscription features, or the subscription program, with changes applying prospectively to future orders. We will provide notice when required by applicable law.

11.3. Payment.

By providing a payment method, you represent that your payment information is accurate and that you are authorized to use the payment method. You authorize us or our third-party payment processor to charge your payment method for the total amount of your order, including applicable taxes and other charges. If we cannot verify or process your payment method, if your payment method is declined, if your payment information is invalid, or if payment is not received when due, we may suspend, cancel, or terminate the applicable order, subscription, account feature, or access to the Services. Payment of fees for the Services may be processed by third party payment processor(s) and may be subject to that processor’s terms and policies.

11.4. Cancellation of Subscription Services.

You may cancel a subscription through your account or by contacting customer support at support@mytivamo.com. Changes or cancellations must be submitted before the next subscription order is processed. Once an order has been processed, the applicable Subscription Period cannot be cancelled is non-refundable and remains subject to these Terms unless required by law or expressly stated at checkout.

11.5. Taxes.

Prices displayed on the Services may not include applicable sales, use, value-added, goods and services, withholding, or similar taxes, duties, levies, or governmental charges (“Taxes”). Applicable Taxes will be calculated at checkout and displayed before you complete your purchase. You are responsible for Taxes associated with your purchase, excluding taxes based on our net income.

11.6. Error Reporting.

If you believe there has been an error, unauthorized charge, incorrect charge, billing issue, payment issue, connected-account issue, or other problem involving the Services, contact us promptly at support@mytivamo.com. When you contact us, please include your name, account email, a description of the issue, the amount involved, the date of the transaction or issue, and any relevant transaction, account, or support reference. We may request additional information to investigate. We will review and respond to notices in accordance with applicable law and any applicable terms. Some issues may need to be handled by your financial institution, payment provider, card issuer, merchant, data provider, or other third party, including account-level transaction disputes that TiVaMo does not control.

11.7. No Waiver of Right to Error Resolution.

Nothing in these Terms requires you to waive any error resolution, unauthorized transaction, billing dispute, chargeback, cancellation, reversal, or other payment-related right you may have under applicable law, card network rules, financial institution terms, or third-party provider terms.

12. Discontinuation of or Changes to the Services

12.1. Changes to Services.

We may add, change, suspend, restrict, replace, or discontinue any part of the Services. We may also change eligibility requirements, features, pricing, supported accounts, supported integrations, or technical requirements. To the extent permitted by law, TiVaMo will not be liable for any change, suspension, restriction, replacement, or discontinuation of the Services. If we discontinue a paid Service for which you prepaid, our sole obligation is to refund prepaid amounts for Services not provided after the effective date of discontinuation, except as otherwise required by law.

12.2. Changes to Third Party Services.

The Services may depend on third party systems, application programming interfaces, networks, devices, operating systems, browsers, app stores, payment processors, and other service providers. We do not guarantee that Third Party Materials, integrations, or related features will be available, current, complete, accurate, compatible, refreshed, or continued at any time.

13. Disclaimer of Warranties

To the fullest extent permitted by law, the Services and all TiVaMo Content and Outputs, including AI Features and AI Results, Third Party Materials, and all other products, services, materials, information, data, features, and functionality provided through or in connection with the Services are provided “As Is” and “As Available,” without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by law, TiVaMo disclaims all warranties, express and implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, security, reliability, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Services, AI Features, or AI Results will be accurate, complete, reliable, uninterrupted, secure, error-free, current, available, or compatible with your device or systems. We do not warrant that errors or defects will be corrected or that any outputs will be suitable for your needs, or appropriate for making financial decisions. Some jurisdictions do not allow the exclusion of certain warranties or guarantees or the limitation of certain consumer rights. To the extent those laws apply, some or all of the above exclusions may not apply to you, any implied warranties that cannot be disclaimed are limited to the shortest period and narrowest scope permitted by applicable law. Nothing in these Terms limits liability or a consumer right that cannot be limited or waived under applicable law.

14. Limitation of Liability

To the fullest extent permitted by law, in no event will TiVaMo, its affiliates, or its and their respective directors, officers, employees, contractors, representatives, agents, service providers, licensors, successors, and assigns (collectively, “TiVaMo Parties”) be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenues, lost data, loss of goodwill, business interruption, or similar losses, arising from or in connection with the Terms or the Services, even if previously advised of the possibility of such damages and however caused, whether in contract, tort, or under any other theory of liability. The TiVaMo Parties’ aggregate liability for all claims arising from or related to the Terms or Services (whether in contract, tort, negligence, or under any other theory of liability), will not exceed the greater of: the amount you paid to TiVaMo for the Services giving rise to the claim in the twelve (12) month period before the event giving rise to liability; or one hundred U.S. dollars ($100). Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so some of the above limitations may not apply to you.

15. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold TiVaMo and the TiVaMo Parties (defined in the Limitation of Liability section) harmless from and against third party claims, demands, actions, proceedings, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising from or related to your: (i) access to or use of the Services; (ii) User Content; (iii) violation of the Terms; (iv) violation of applicable law; (v) violation, misappropriation, or infringement of any intellectual property, publicity, or other rights of any person or entity; or (vi) fraud, misconduct, or unauthorized use of another person’s account, credentials, payment method, financial account, or personal information. TiVaMo may assume the exclusive defense and control of any matter subject to indemnification. You agree to cooperate with our defense. You may not settle any indemnified claim without TiVaMo’s prior written consent if the settlement imposes any obligation on TiVaMo or any TiVaMo Party, admits fault by TiVaMo or any TiVaMo Party, or affects TiVaMo’s or any TiVaMo Party’s rights. This Section does not limit any non-waivable consumer right.

16. Suspension, Termination, and Account Deletion

16.1. Termination and Suspension.

These Terms are effective until you cancel your account or we terminate your account, except that provisions that by their nature should survive will survive as provided below. TiVaMo may terminate, suspend, limit, or restrict your access to all or part of the Services at any time, for any or no reason, with or without notice, to the extent permitted by law. Some examples of reasons we may do this include violation of the Terms, identity or eligibility verification issues, suspected account compromise, payment failure, legal or regulatory requirements, risk to TiVaMo or others, misuse of the Services, or discontinuation of all or part of the Services. These examples do not limit our broader suspension or termination rights.

16.2. Mobile Application.

Please note that removing our mobile app from your device may not cancel your subscription or delete your data. If you want to cancel your subscription, please follow the instructions available in the Services or contact us at support@mytivamo.com. If you wish to delete your data from the Services, please follow the instructions stated in our Privacy Policy.

16.3. Effect of Termination.

Upon expiration of your subscription or cancellation or termination of your account for any reason, you must immediately stop using the Services and pay all fees for Services used. No expiration or termination will affect your obligation to pay all fees due or that may have accrued through the effective date of expiration or termination or entitle you to any refund. We may retain account information and User Content for Permitted Retention Purposes and as described in our Privacy Policy.

16.4. Discontinuation of Services.

We may also discontinue, modify, suspend, restrict, or replace all or part of the Services as described in the Discontinuation or Changes to the Services section.

17. Important Financial Services Disclosures

The Services are for informational and budgeting purposes only and are not financial advice. TiVaMo is not a bank, financial institution, investment adviser, tax adviser, or other financial professional and does not provide financial, investment, tax, legal, or accounting advice. The Services and their outputs, including any AI Results, may be incomplete, delayed, unavailable, inaccurate, or subject to later correction. Do not rely on the Services or their outputs alone to make decisions where a mistake could seriously affect your finances, legal rights, health, or safety. You are responsible for decisions you make based on the Services or their outputs and should consult a qualified professional where appropriate.

18. Governing Law and Jurisdiction

To the extent permitted by law, these Terms are governed by the laws of the State of Texas without regard to conflict-of-law rules. Subject to the Dispute Resolution, Arbitration, and Class Action Waiver section, any court proceeding arising from or related to these Terms or the Services must be brought in the federal or state courts located in Dallas County, TX, and you consent to the jurisdiction of those courts to the extent permitted by law. For Consumers, nothing in this Section limits any non-waivable right you may have under the laws of your state of residence.

19. Dispute Resolution, Arbitration, and Class Action Waiver

“Consumer” means an individual who uses the Services primarily for personal, family, or household purposes.

Please Read This Section Carefully. It Affects Your Legal Rights.

19.1. Informal Dispute Resolution.

Before either party files an arbitration demand or small claims action, the party asserting a claim must first send the other party a written notice of dispute. A notice of dispute must include:

• The claimant’s name;
• account email;
• mailing address;
• phone number;
• A description of the dispute;
• The specific relief requested;
• The facts supporting the claim; and
• Any relevant transaction, account, support, or communication reference.

Notices to TiVaMo must be sent to legal_department@mytivamo.com. Notices to you may be sent to the email address or mailing address associated with your account. For sixty (60) days after a notice of dispute is received, the parties will attempt in good faith to resolve the dispute informally. The parties may do this through email, phone, video conference, or another mutually agreed method. Neither party may initiate arbitration or a small claims action until the 60-day period ends, except as provided under the Exceptions to Arbitration section below. Any applicable limitations period will be tolled during the 60-day informal dispute resolution period.

19.2. Agreement to Arbitrate

19.2.1. Except as stated in the Exceptions to Arbitration section, you and TiVaMo agree that any past, present, or future dispute, claim, or cause of action arising from or relating to these Terms of Service, the Terms of Use, the Privacy Policy, our relationship, your account, your access to or use of the Services, any transaction, any subscription, any payment, any communication, any product-specific terms, or any alleged breach, termination, enforcement, interpretation, validity, or enforceability of any of the foregoing will be resolved by final and binding arbitration rather than in court

19.2.2. This arbitration agreement applies to claims brought by you and claims brought by TiVaMo. It applies regardless of the legal theory asserted, including contract, statute, regulation, tort, fraud, misrepresentation, consumer protection, privacy, data security, negligence, strict liability, unjust enrichment, equity, or any other legal theory. The arbitrator may award on an individual basis the same damages and relief that a court could award, including injunctive, declaratory, statutory, and monetary relief. The arbitrator must follow these Terms as a court would. The arbitrator may award public injunctive relief to the extent required by applicable law.

19.2.3. The arbitrator will decide disputes about whether this arbitration agreement applies, is enforceable, or permits the claims asserted, except that a court will decide disputes about the enforceability, validity, or effect of the class action waiver, representative action waiver, and mass filing provisions. This arbitration agreement is governed by the Federal Arbitration Act.

19.3. Exceptions to Arbitration

19.3.1. This arbitration agreement does not prevent either party from bringing a qualifying claim in small claims court. This arbitration agreement does not apply to claims relating to intellectual property rights, including trademarks, trade dress, domain names, trade secrets, copyrights, patents, and User Content. Either party may bring those claims in any court with jurisdiction.

19.3.2. Either party may seek temporary injunctive or equitable relief in court to prevent irreparable harm, preserve the status quo, protect intellectual property, prevent unauthorized access, prevent misuse of the Services, protect confidential or sensitive information, or preserve claims pending arbitration. Nothing in this Section limits any non-waivable right to file a complaint with, communicate with, or seek assistance from a government agency, regulator, law enforcement authority, or public authority.

19.4. Arbitration Location, Hearings, and Procedures.

Arbitration will occur in Dallas, TX unless both parties agree otherwise. For Consumer claims, arbitration will occur in the county where you reside, by video, telephone, or other remote means, or in another location agreed by both parties, to the extent required by applicable law or the AAA Rules. Hearings will be conducted by video, telephone, or other remote means unless the arbitrator determines that an in-person hearing is appropriate. The arbitrator may allow reasonable discovery consistent with the nature of the claim, the amount in controversy, the need for information, and the goals of a fair and efficient proceeding. The arbitrator must take reasonable steps to protect personal information, financial information, confidential information, trade secrets, and other sensitive information. The arbitrator’s award will be final and binding, except for any appeal or review available under the Federal Arbitration Act or other applicable law. Judgment on the award may be entered in any court with jurisdiction.

19.5. Arbitration Rules

Arbitration will be administered by the American Arbitration Association (“AAA”) under the applicable AAA rules. AAA’s rules are available at https://www.adr.org/rules-forms-and-fees/ (“AAA Rules”) and AAA may be reached by the contact information located at https://www.adr.org/contact-us/. For Consumer claims, the AAA Consumer Arbitration Rules will apply. For non-Consumer claims, the AAA Commercial Arbitration Rules will apply. If a claim is eligible for a documents-only procedure under the applicable AAA rules, the arbitrator may resolve the claim based on written submissions unless the arbitrator determines that a hearing is appropriate. If anything in this arbitration agreement conflicts with the applicable AAA Rules, this arbitration agreement controls to the extent permitted by law. The arbitration will be heard by a single neutral arbitrator appointed under the applicable AAA Rules.

19.6. Arbitration Fees and Costs.

Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. You are required to pay AAA’s initial filing fee, but we will reimburse you for this filing fee when due to the extent it exceeds the fee for filing a complaint in a federal or state court in your county of residence or in Dallas, TX. For Consumer claims, we will pay or reimburse arbitration fees to the extent required by applicable law or the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought was frivolous or was brought for an improper purpose, then the payment of all fees will be governed by the AAA Rules, and we will not reimburse your initial filing fee except to the extent required by applicable law or the AAA Rules. The parties agree that the arbitrator has discretion to modify the amount or timing of any administrative or arbitration fees due under the AAA Rules where the arbitrator deems appropriate, provided that such modification does not increase the AAA fees to you or TiVaMo, and you and TiVaMo waive any objection to such fee modification.

19.7. Multiple Case Filings and Mass Arbitration.

19.7.1. If twenty-five (25) or more similar claims are asserted against TiVaMo or against you by the same or coordinated counsel, or are otherwise coordinated, filed, or threatened in close proximity, those claims will be treated as “Mass Filings.” Mass Filings must proceed under the AAA Mass Arbitration Supplementary Rules to the extent applicable.

19.7.2. For Mass Filings, the parties will first proceed with a bellwether process. Counsel for the claimants and counsel for TiVaMo will each select ten (10) individual claims, and the arbitrator will select 5 additional individual claims, for a total of 25 individual bellwether arbitrations. Those twenty-five (25) bellwether arbitrations will proceed first. All other claims will be stayed, and any applicable limitations periods will be tolled while the bellwether process is pending. After the bellwether arbitrations are completed, the parties will participate in a mediation of the remaining claims. If the remaining claims are not resolved in mediation, the remaining claims will proceed in individual arbitration under the applicable AAA Rules and any process ordered by AAA or the arbitrator. No Mass Filing procedure may be used to conduct class arbitration, collective arbitration, consolidated arbitration, representative arbitration, or any proceeding in which one person seeks relief on behalf of another person, except to the extent required by applicable law and not waivable.

19.8. Class Action, Collective Action, and Representative Action Waiver

19.8.1. To the fullest extent permitted by law, you and TiVaMo agree that disputes will be brought only on an individual basis. You and TiVaMo each waive the right to bring, maintain, participate in, or receive relief from any class action, class arbitration, collective action, consolidated action, private attorney general action, representative action, or coordinated proceeding.

19.8.2. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent needed to resolve that individual party’s claim. The arbitrator may not award relief for or against anyone who is not a party to the arbitration, except to the extent required by applicable law.

19.8.3. If a court determines that the waiver of public injunctive relief is unenforceable as to a particular claim or request for relief, then that claim or request for public injunctive relief must be severed and decided by a court after all arbitrable claims and requests for relief are resolved in arbitration. If a court determines that any part of this class action, collective action, or representative action waiver is unenforceable as to a particular claim or request for relief, only that claim or request for relief may proceed in court, and all remaining claims and requests for relief must be arbitrated on an individual basis.

19.9. One-Year Limit.

To the extent permitted by law, any dispute, claim, or cause of action arising from or related to the Services, these Terms, the Terms of Use, the Privacy Policy, or our relationship must be filed within one year after it arose, or it is permanently barred. This one-year limit does not apply where prohibited by law or to any claim or right that cannot be shortened by contract.

19.10. Consumer Opt-Out.

If you are a Consumer, you may opt out of this arbitration agreement within 30 days after first accepting these Terms. To opt out, you must email TiVaMo at legal_department@mytivamo.com with:

• Your full legal name;
• Your mailing address;
• Your account email address;
• A statement that you are opting out of arbitration; and
• A statement that you are a Consumer.

If you opt out properly and on time, neither you nor TiVaMo will be required to arbitrate disputes under this Section. Opting out of arbitration will not affect any other part of these Terms, the Terms of Use, or the Privacy Policy.

19.11. Future Arbitration Changes.

If TiVaMo materially changes this arbitration agreement, TiVaMo will provide 30 days’ notice where required. If you are a Consumer and you do not agree to a material change to this arbitration agreement, you may opt out of the change by emailing legal_department@mytivamo.com before the 30-day period expires. Your opt-out notice must include your full legal name, mailing address, account email address, and a statement that you are opting out of the arbitration change. If you opt out of a change, the prior arbitration agreement you accepted will continue to apply. If you do not opt out of a change and continue using the Services after the change becomes effective, the updated arbitration agreement will apply to claims not yet filed, to the extent permitted by law.

19.12. Severability of Arbitration Terms.

Except as stated in the Class Action, Collective Action, and Representative Action Waiver section, if any part of this arbitration agreement is found unlawful or unenforceable, that part will be severed, and the remaining parts will remain in effect to the fullest extent permitted by law. If the entire arbitration agreement is found unenforceable, disputes will proceed in court subject to the jury trial waiver and governing law provisions in these Terms, to the fullest extent permitted by law.

20. Jury Trial Waiver

If for any reason a dispute proceeds in court rather than through arbitration, you and TiVaMo agree that there will not be a jury trial. You and TiVaMo unconditionally waive any right to trial by jury in any action, proceeding or counterclaim in any way arising out of or relating to these Terms or use of the Services.

21. Electronic Signatures, Records, and Communications

21.1. Your Consent to Electronic Records.

By accepting these Terms and using the Services, you agree that we may provide you with any disclosures, notices, agreements, statements, receipts, records, or other communications related to your account, the Services, Subscription Services, and payments (collectively, “Records”) electronically, instead of in paper form. This consent applies to all Records related to your use of the Services unless we or applicable law says otherwise for a particular Record. Your electronic acceptance of these Terms, your use of the Services, and your electronic communications with TiVaMo may constitute electronic signatures and electronic records. You agree not to contest the validity or enforceability of these Terms or any Record solely because it is in electronic form.

21.2. How We'll Deliver Records to You.

We may deliver Records to you by email to the address associated with your account, by making them available within the Services for you to view, download, or print, or by other electronic means. Records will be considered delivered to you, and received by you, as soon as we send or post them, whether or not you actually view them.

21.3. Hardware and Software Requirements.

To access and retain Records electronically, you'll need: a device with internet access; a current, supported web browser or our mobile application; a valid email address that you check regularly; sufficient storage space to save Records or a printer to print them; and, for PDF documents, software capable of viewing PDF files. You should keep your email address and other contact information on your account current so that you continue to receive Records; you can update this information at any time in your account settings or by contacting us.

21.4. Your Right to a Paper Copy.

You have the right to request a paper copy of any Record we've delivered to you electronically. To request one, contact us at legal_department@mytivamo.com. We may charge a reasonable fee to cover the cost of providing a paper copy, which we will tell you before fulfilling your request.

21.5. Withdrawing Your Consent.

You may withdraw your consent to receive Records electronically at any time by contacting us at legal_department@mytivamo.com. Your withdrawal will be effective within a reasonable time after we receive and process it. If you withdraw consent, we may charge you for any paper copies we agree to provide, and we may suspend, limit, or terminate your access to Services that we are only able to provide through electronic delivery (for example, if a Record is a condition of using a particular feature). Withdrawing consent will not affect the validity of any Record delivered to you electronically before your withdrawal took effect.

21.6. Confirming You Can Access Electronic Records.

By accepting these Terms and using the Services, you confirm that you have the hardware and software described in the (Hardware and Software Requirements section, that you are able to access, view, and retain (by printing or saving) Records delivered to you electronically, and that you have a valid, current email address on file with us. If your ability to access electronic Records changes, please contact us so we can arrange another way to deliver Records to you.

22. General Terms

22.1. Entire Agreement.

These Terms, including the Terms of Use and Privacy Policy, and any applicable additional terms incorporated by reference, are the entire agreement between you and TiVaMo regarding your use of the Services and replace prior or contemporaneous agreements on that subject.

22.2. Force Majeure.

TiVaMo will not be liable for delay or failure to perform caused by events beyond its reasonable control, including acts of God, natural disasters, labor disputes, internet or telecommunications failures, power failures, cyberattacks, governmental actions, war, terrorism, civil unrest, epidemics, pandemics, or changes in law.

22.3. No Waiver.

If TiVaMo does not enforce a right or provision under these Terms, that does not mean TiVaMo waived that right or provision. Any waiver must be in writing and signed by an authorized representative of TiVaMo.

22.4. Severability.

Except as otherwise expressly stated in these Terms, each provision of these Terms operates separately. If any provision is unlawful or unenforceable, the remaining provisions will remain in effect. To the extent permitted by law, the unlawful or unenforceable provision will be modified to reflect the original intent as closely as possible while remaining enforceable.

22.5. No Third-Party Beneficiaries.

Except as expressly stated in these Terms, there are no third-party beneficiaries to these Terms.

22.6. No Agency.

These Terms do not create an agency, partnership, joint venture, fiduciary, trustee, custodial, advisory, broker, dealer, investment adviser, financial adviser, or employment relationship between you and TiVaMo.

22.7. Assignment.

You may not transfer or assign these Terms without TiVaMo’s prior written consent. TiVaMo may assign these Terms without restriction, including in connection with a merger, acquisition, financing, corporate transaction, reorganization, sale of assets, or transfer of the Services. Any attempted transfer or assignment in violation of this Section is void.

22.8. Headings.

Headings are for convenience only and do not affect interpretation.

22.9. Survival.

Any provision that by its nature should survive termination will survive, including provisions relating to ownership, User Content, Feedback, Important Financial Services Disclosures, AI Features, disclaimers, limitation of liability, indemnification, arbitration, class action waiver, jury trial waiver, governing law, electronic records, and general terms.

22.10. State-Specific Rights.

Some states provide additional consumer rights or restrict certain terms in consumer agreements. Nothing in these Terms limits rights you may have under the laws of your state of residence. If a provision of these Terms is not enforceable against you under applicable state law, that provision applies only to the extent enforceable.

22.11. Contact Us.

If you have questions about these Terms or the Services, please email us at legal_department@mytivamo.com.