# Terms of Service Product & Website

These Terms of Service (the “Terms”) constitute a legally binding agreement (“Agreement”) between you (“you”, “your” or “User”) and Sparkplug Studios LLC (d/b/a “Tekmetric" “our” “we” “us”) and governs the use of the www.tekmetric.com website (“Site”), software, mobile application, and all technology-enabled services (“Services”) (such Services and Site are collectively referred to as the “Platform”).

By accessing or using the Platform, You represent that:

- You have read and understand these Terms;
- You agree to be bound by these Terms;
- You are at least eighteen (18) years old;
- You have the authority to enter into the Terms;
- You have read and understood the information about the collection and use of your personal data as set forth in our Privacy Policy.

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.

PLEASE BE ADVISED: THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND TEKMETRIC MAY HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING AN AGREEMENT TO ARBITRATE, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. YOU WILL BE PERMITTED TO PURSUE CLAIMS AGAINST US (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

## Signing Up For the Platform

## Subscription Service and Fees

## Term and Termination

## Access to Platform and Limited Right of Use

## SMS/Text Messages and Customer Opt In/Opt Out Rules

## Robocall Mitigation and STIR/SHAKEN Compliance

## User Content

## Other User Content and Notifications

## Your Usage Information

## Platform Availability and Modification of Platform

## Intellectual Property

## Idea Submission

## Disclaimer

## Limitation of Liability

## Indemnity

## Copyrights

## Choice of Law

## Dispute Resolution; Arbitration

## Severability

## Non-Waiver

## Assignment and Survival

## Entire Agreement

## Amendments

## Electronic Communications

## Export Controls

## Third Party Websites

## California Users

## Force Majeure

## Notices

## SMS Program Terms & Conditions