Terms of Service

These Terms of Service (the "Terms") form a legally binding agreement between you and RangeX Inc., a corporation organised under the laws of the State of Delaware, with its registered office at 262 Chapman Rd, Ste 240, Newark, Delaware 19702 ("RangeX", "we", "us" or "our").

These Terms govern your access to and use of the Services. The RangeX Privacy Policy, available at getrangex.com/privacy-policy (the "Privacy Policy"), and any Additional Terms (defined below) are incorporated into these Terms by reference.

Certain features of the Services may be subject to additional terms, guidelines, rules or policies presented to you in connection with those features, including the official rules of any Sponsored Challenge ("Additional Terms"). In the event of a conflict between these Terms and any Additional Terms, the Additional Terms will govern with respect to the relevant feature, except that Section 24 (Dispute Resolution) will govern unless the Additional Terms expressly state otherwise.

Age. You must be at least 18 years of age to create an Account or use the Services. The Services relate to the use of Firearms, and the laws governing the possession and use of Firearms by minors vary by jurisdiction. We therefore offer the Services only to adults.

Representations. By creating an Account or using the Services, you represent and warrant that:

Verification. We may, but are not obligated to, verify your age or eligibility. We may refuse registration, suspend or terminate any Account, or decline to award any prize, if we reasonably believe that you do not meet these requirements.

Registration. You may register using an email address or a supported third-party sign-in service, such as Sign in with Apple or Sign in with Google. You agree to provide accurate, current and complete information and to keep it updated.

One person, one Account. Your Account is personal to you. You may not create more than one Account, create an Account on behalf of another person, or share, sell, transfer or permit anyone else to use your Account.

Security. You are responsible for maintaining the confidentiality of your sign-in credentials and the security of the devices you use to access the Services, and for all activity that occurs under your Account, whether or not authorised by you. You agree to notify us immediately at contact@getrangex.com of any actual or suspected unauthorised access to or use of your Account. We are not liable for any loss or damage arising from your failure to comply with this Section.

Display names. We may reclaim, change or remove any display name that we consider to be offensive, misleading, infringing or otherwise in breach of these Terms.

Licence grant. Subject to your compliance with these Terms, RangeX grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to download, install and use one copy of the App on each mobile device that you own or control, and to access and use the Services, in each case solely for your personal, non-commercial purposes and, for the App, in accordance with the usage rules of the App Store from which you obtained it.

Restrictions. Except as expressly permitted by these Terms or by applicable law that cannot be excluded by contract, you shall not, and shall not permit any other person to:

Reservation of rights. The Services are licensed, not sold. All rights not expressly granted to you in these Terms are reserved by RangeX and its licensors.

Updates. We may provide updates, patches and new versions of the App, which may be installed automatically. Some features may not function unless you install the latest version. These Terms apply to all updates unless accompanied by separate terms.

Ownership. As between you and RangeX, you retain all ownership rights you hold in your User Content.

Licence to RangeX. You grant RangeX and its Service Providers a worldwide, non-exclusive, royalty-free, fully paid-up, transferable and sublicensable (through multiple tiers) licence to host, store, reproduce, process, analyse, adapt, modify (including by cropping, flattening, scoring, annotating and generating illustrations), create derivative works of, publicly display, publicly perform and distribute your User Content, in any media now known or later developed, for the purposes of:

Duration. The licence in Section 6.2 continues for as long as your User Content is stored in the Services and terminates when you delete the relevant User Content or your Account, except that it shall survive: (a) to the extent your User Content has been shared with others or incorporated into Competition, Challenge or Leaderboard results; (b) with respect to De-identified and Aggregated data; (c) with respect to copies retained in backups for a commercially reasonable period or as required by law; and (d) with respect to any model already trained, tested or evaluated using your User Content, which we are not required to retrain or modify.

Your representations. You represent and warrant that: (a) you own or have all rights, licences and permissions necessary to submit your User Content and to grant the licence in Section 6.2; (b) you own, or have the owner's permission to photograph and record, every Firearm you add to the Services; and (c) your User Content, and our use of it as permitted by these Terms, does not and will not infringe, misappropriate or violate any third party's intellectual property, privacy, publicity or other rights, or violate any law.

Personal information in User Content. Do not include in User Content any person's face or image, any person's personal information, firearm serial numbers, licence or permit numbers, or any other information that identifies a person, except as the Services expressly request.

No obligation to retain. We are not obligated to store, maintain or provide you with copies of your User Content, except as required by law. You are responsible for retaining your own copies of anything you wish to keep.

Moderation. We have the right, but not the obligation, to monitor, review, screen, edit, refuse or remove any User Content, at our sole discretion and without notice, including User Content we believe violates these Terms or may expose us or others to harm or liability.

You shall not use the Services to submit any User Content, or engage in any conduct, that:

Reporting. You may report User Content or users that you believe violate these Terms using the reporting tools in the App. We will review reports in accordance with our policies but do not undertake to take any particular action.

Enforcement. We may, at our sole discretion and without liability, investigate any suspected violation; remove or disable access to any User Content; adjust, invalidate or remove any score, Handicap, ranking or entry; disqualify you from any Competition or Challenge; forfeit any prize; suspend or terminate your Account; and cooperate with law enforcement authorities.

Sole discretion. Leaderboards, rankings, Handicaps, Competitions and Challenges are administered by RangeX at its sole discretion. We determine and may change at any time, including retroactively to correct errors or address abuse, the methods by which scores, Handicaps and rankings are calculated, the eligibility criteria, the Ranges, distances, Firearm categories and target types that qualify, and the presentation of results.

Adjustment and removal. We may review, adjust, invalidate, hide or remove any score, Handicap, ranking or entry, and may disqualify any user, if we suspect error, manipulation, cheating, a breach of these Terms or any other irregularity. Our decisions on these matters are final and binding.

No guarantee of accuracy. Scores, Handicaps and rankings are generated in part by AI Output and are estimates. We do not guarantee their accuracy, completeness or fairness, and they are not official classifications, ratings or qualifications of any governing body or shooting organisation.

No entitlement. Your participation in any Leaderboard, Competition or Challenge confers no right to any position, prize, recognition or other benefit, except a prize expressly awarded to you in accordance with the official rules of a Sponsored Challenge.

Private Competitions. Competitions are arranged among the users who join them. RangeX does not hold, collect or disburse any entry fee, stake or prize in connection with a Competition. You shall not use the Services to facilitate gambling, wagering or betting of any kind, and any arrangements between users are solely their responsibility.

Sponsored Challenges. Each Sponsored Challenge is governed by official rules that will be made available in the Services and that form part of the Additional Terms. Unless the official rules expressly provide otherwise:

Nature of the Services. The Services are a scoring, record-keeping and training aid only. They analyse photographs of targets after shooting and provide scores, measurements, trends, Handicaps, rankings and suggested Sight Corrections.

Not a substitute. The Services are not a substitute for, and must not be used in place of:

Inherent risks. You acknowledge that the possession, handling and discharge of Firearms and ammunition are inherently dangerous activities that can result in serious bodily injury, permanent disability, death and damage to property, including from accidental discharge, equipment malfunction, ammunition defects, ricochet, noise, lead and other toxic exposure, the conduct of other persons, and the condition of Ranges and facilities.

Your sole responsibility. You are solely responsible for:

Fundamental safety rules. You agree always to follow the fundamental rules of firearms safety, including: (a) treat every firearm as if it is loaded; (b) never point the muzzle at anything you are not willing to destroy; (c) keep your finger off the trigger until your sights are on the target and you have decided to shoot; and (d) be sure of your target and what is beyond it.

Mobile device use. You shall not use the Services, or your mobile device, in any manner that distracts you or others while a Firearm is being handled. You shall not photograph a target, operate the App or approach the target line unless all Firearms have been unloaded and made safe and the Range has been declared safe for that purpose in accordance with its rules. You shall never photograph a Firearm that is loaded, that is pointed at any person, or in a manner that is unsafe or unlawful.

Sight Corrections and AI Output are estimates. Sight Corrections, scores, impact detections, group measurements, Handicaps, trends, Firearm identifications, illustrations and all other AI Output are generated by software from photographs and the information you provide. They are estimates only and may be inaccurate or incomplete for many reasons, including photograph angle, lighting, resolution, overlapping or torn impacts, target type, incorrect distance, Firearm or optic information, and the actual adjustment values of your optic. Before adjusting any sight or optic, you must consult the manufacturer's instructions and confirm the adjustment by safe, controlled live fire. You must not rely on the Services for any decision affecting safety.

Range information. Information about Ranges, including their location, opening hours, contact details, facilities, permitted activities and status, is obtained from users and third parties and may be inaccurate, incomplete or out of date. RangeX does not own, operate, inspect, certify, endorse or supervise any Range. You must confirm all information directly with the Range before visiting.

Assumption of risk. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU KNOWINGLY, VOLUNTARILY AND EXPRESSLY ASSUME ALL RISKS, KNOWN AND UNKNOWN, OF BODILY INJURY, DEATH, PROPERTY DAMAGE AND OTHER LOSS ARISING FROM OR RELATED TO YOUR POSSESSION, HANDLING OR USE OF FIREARMS AND AMMUNITION, YOUR ATTENDANCE AT ANY RANGE, YOUR PARTICIPATION IN ANY COMPETITION OR CHALLENGE, AND YOUR RELIANCE ON ANY SIGHT CORRECTION, AI OUTPUT, RANGE INFORMATION OR OTHER CONTENT IN THE SERVICES.

Release. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE THE RANGEX PARTIES FROM AND FOR ANY AND ALL CLAIMS, DEMANDS, LIABILITIES AND CAUSES OF ACTION OF ANY KIND ARISING OUT OF OR RELATED TO THE ACTIVITIES AND RISKS DESCRIBED IN SECTION 9.9, INCLUDING CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF THE RANGEX PARTIES. This release does not apply to claims arising from our gross negligence, wilful misconduct or fraud, or to any claim that cannot be released under applicable law.

California Civil Code § 1542. If you are a California resident, you expressly waive California Civil Code § 1542, which provides: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." You waive any comparable provision of the law of any other jurisdiction to the extent permitted.

All content and AI Output provided through the Services is for general informational, recreational and training purposes only. Nothing in the Services constitutes, or is intended to constitute, firearms safety instruction, gunsmithing, armoury or ballistic advice, legal advice, medical advice or any other professional advice.

No relationship of instructor and student, attorney and client, or any other professional or fiduciary relationship is created by your use of the Services. You should consult appropriately qualified professionals before acting on any information obtained through the Services.

Free and paid features. Certain features of the Services are available without charge. Other features require a Membership. We may determine, and change from time to time, which features are available without charge and which require a Membership, and the features ("Entitlements") included in each Membership plan. We will endeavour to provide reasonable notice of any material reduction in the Entitlements of a Membership plan during a paid period.

Purchases through App Stores. Memberships purchased in the App are sold and billed by the App Store through which you purchase them, using the payment method associated with your App Store account. Your purchase is also governed by the App Store's terms and policies. The App Store, and not RangeX, processes payments and is responsible for billing and refunds. Prices are displayed in the App before purchase and may vary by plan, billing period, country and promotion.

Automatic renewal. YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING PERIOD (MONTHLY OR ANNUAL, AS SELECTED) FOR A PERIOD OF THE SAME LENGTH, AT THE THEN-CURRENT PRICE, AND YOUR APP STORE ACCOUNT WILL BE CHARGED, UNLESS YOU CANCEL AT LEAST 24 HOURS BEFORE THE END OF THE CURRENT PERIOD. Your account will be charged for renewal within the 24 hours before the end of the current period.

Free trials. We may offer free trials of a Membership. The length of the trial, the price that will apply after the trial and the billing period will be disclosed before you start the trial. UNLESS YOU CANCEL AT LEAST 24 HOURS BEFORE THE END OF THE TRIAL, YOUR MEMBERSHIP WILL BEGIN AND YOU WILL BE CHARGED AUTOMATICALLY AT THE END OF THE TRIAL. Any unused portion of a free trial may be forfeited if you purchase a Membership during the trial, in accordance with App Store policy. Free trials are limited to one per person, Account and device unless we state otherwise, and we may withdraw or modify any trial offer at any time before you accept it.

Cancellation. You may cancel a Membership at any time through your App Store account settings:

Refunds. EXCEPT AS REQUIRED BY APPLICABLE LAW OR APP STORE POLICY, ALL CHARGES ARE NON-REFUNDABLE, AND NO REFUNDS OR CREDITS ARE PROVIDED FOR PARTIAL PERIODS OR UNUSED ENTITLEMENTS. Requests for refunds of App Store purchases must be made to the App Store (for Apple, at reportaproblem.apple.com). RangeX is unable to issue refunds for purchases processed by an App Store.

Withdrawal right (EEA and UK). If you are a consumer in the EEA or UK, you may have a statutory right to withdraw from a purchase within 14 days. By requesting immediate access to a Membership, you expressly consent to the immediate supply of digital content and acknowledge that, to the extent permitted by law, you thereby lose your right of withdrawal once supply has begun.

Price changes. We may change Membership prices from time to time. The App Store will notify you of price increases in accordance with its policies and, where required, request your consent before renewal at the new price. If you do not agree to a price change, you must cancel before it takes effect.

Taxes. Prices may be inclusive or exclusive of applicable taxes, which the App Store collects as required by law.

Promotions. Promotional offers are subject to any terms disclosed with the offer, may be limited to new members, and may not be combined unless stated.

Suspension of Entitlements. If your Account is suspended or terminated for breach of these Terms, you will not be entitled to any refund, except as required by law or App Store policy.

The Services may integrate with, rely on or contain links to third-party websites, applications, services and content, including App Stores, sign-in services, mapping services, Ranges and sponsors ("Third-Party Services"). Third-Party Services are not under our control, and we are not responsible for their content, availability, accuracy, privacy practices or terms. Your use of any Third-Party Service is at your own risk and subject to the terms of its provider.

Mapping features of the Services may be provided by Google Maps. Your use of those features is subject to the Google Maps/Google Earth Additional Terms of Service and the Google Privacy Policy.

Any dealings between you and a Range, sponsor or other third party, including any purchase, booking or participation in an event, are solely between you and that third party.

Ownership. The Services, and all software, models, algorithms, Handicap and ranking methodologies, designs, text, graphics, illustrations, user interfaces, databases, AI Output (excluding your User Content) and other content provided by RangeX, and all intellectual property rights in them, are owned by RangeX or its licensors and are protected by copyright, trademark, patent, trade secret and other laws.

Trademarks. "RangeX", the RangeX logo and all related names, logos, product and service names, designs and slogans are trademarks of RangeX or its affiliates. You may not use them without our prior written permission. All other names, logos, product and service names, designs and slogans in the Services, including the names and marks of Firearm manufacturers, are the trademarks of their respective owners, and their appearance in the Services does not imply any affiliation with or endorsement by those owners.

AI Output. Subject to these Terms, you may use AI Output generated from your User Content for your personal, non-commercial purposes. AI Output may be similar or identical to output generated for other users, and you acquire no exclusive rights in it. You shall not use AI Output to misrepresent the identity, condition, provenance or ownership of any Firearm.

Notices of claimed infringement. We respect the intellectual property rights of others and respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA"). If you believe that material available through the Services infringes your copyright, please send a written notice to our designated agent containing:

Designated agent.
Copyright Agent, RangeX Inc.
RangeX Inc.
c/o Republic Registered Agent LLC, 262 Chapman Rd, Ste 240, Newark, Delaware 19702, USA
Email: contact@getrangex.com

Counter-notices. If material you posted was removed in response to a notice and you believe the removal was the result of mistake or misidentification, you may send a counter-notice to our designated agent containing:

Misrepresentations. Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing, or that it was removed by mistake, may be liable for damages.

Repeat infringers. We will, in appropriate circumstances, terminate the Accounts of users who are repeat infringers.

Term. These Terms remain in effect for as long as you use the Services.

Termination by you. You may stop using the Services at any time and may delete your Account in the App under Settings > Delete account. You must cancel any Membership separately through the App Store (Section 11.5).

Suspension or termination by us. We may, at our sole discretion, suspend or terminate your access to all or any part of the Services, or your Account, at any time, with or without notice, if: (a) you breach these Terms or any Additional Terms; (b) we are required to do so by law or by an App Store; (c) we reasonably believe your conduct may cause harm or liability to you, other users, RangeX or third parties; (d) your Account has been inactive for an extended period; or (e) we discontinue the Services.

Effect of termination. Upon termination, all licences granted to you under these Terms terminate immediately, and you must cease all use of the Services. We may delete or De-identify your User Content in accordance with the Privacy Policy. Termination does not relieve you of any obligation incurred before termination.

Appeals. If you believe your Account was suspended or terminated in error, you may contact contact@getrangex.com. We will consider your request but are not obliged to reinstate any Account.

THE SERVICES, INCLUDING ALL CONTENT, AI OUTPUT, SIGHT CORRECTIONS, SCORES, HANDICAPS, RANKINGS AND RANGE INFORMATION, ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RANGEX PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT AND SYSTEM INTEGRATION, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, THE RANGEX PARTIES DO NOT WARRANT THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (B) ANY AI OUTPUT, SIGHT CORRECTION, SCORE, HANDICAP, RANKING OR RANGE INFORMATION WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT OR SAFE TO ACT UPON; (C) ANY DEFECTS WILL BE CORRECTED; (D) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) ANY DATA OR USER CONTENT WILL BE PRESERVED OR NOT LOST.

YOU ACKNOWLEDGE THAT YOU USE THE SERVICES AT YOUR SOLE RISK, AND THAT ANY ACTION YOU TAKE IN RELIANCE ON THE SERVICES, INCLUDING ANY ADJUSTMENT TO A FIREARM, SIGHT OR OPTIC, IS AT YOUR SOLE RISK.

Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, the exclusions above apply to the fullest extent permitted, and any implied warranty that cannot be excluded is limited in duration to 30 days from your first use of the Services or the shortest period permitted by law. Nothing in these Terms affects any statutory right that cannot be waived or limited by contract.

EXCLUSION OF CERTAIN DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE RANGEX PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR USE, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE RANGEX PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FIREARMS-RELATED LOSSES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RANGEX PARTIES WILL NOT BE LIABLE FOR ANY BODILY INJURY, DEATH, PROPERTY DAMAGE OR OTHER LOSS ARISING OUT OF OR RELATING TO THE POSSESSION, HANDLING OR USE OF ANY FIREARM OR AMMUNITION, ANY RANGE, OR ANY RELIANCE ON A SIGHT CORRECTION, AI OUTPUT OR RANGE INFORMATION.

AGGREGATE CAP. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE RANGEX PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, AND (B) ONE HUNDRED US DOLLARS (US $100).

Basis of the bargain. The limitations in this Section apply even if any limited remedy fails of its essential purpose. They reflect an allocation of risk between you and RangeX that is an essential element of the basis of the bargain, without which we would not provide the Services, and they apply to the RangeX Parties collectively.

Exceptions. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including, in certain jurisdictions, liability for death or personal injury caused by negligence, for gross negligence, wilful misconduct or fraud. In such jurisdictions, our liability is limited to the fullest extent permitted.

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Delaware and applicable federal law of the United States, without regard to conflict-of-laws principles. The Federal Arbitration Act governs the interpretation and enforcement of Section 24. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Subject to Section 24, any action not subject to arbitration shall be brought exclusively in the state or federal courts located in New Castle County, Delaware, and you and RangeX irrevocably consent to the personal jurisdiction and venue of those courts and waive any objection based on inconvenient forum.

If you are a consumer residing in the EEA, the UK or another jurisdiction whose mandatory laws entitle you to the protection of the laws of, or to bring proceedings in the courts of, your country of residence, nothing in these Terms deprives you of that protection or right.

Informal resolution. Before commencing arbitration or a small-claims action, you and RangeX each agree to send the other a written notice of dispute ("Notice") that includes the claimant's name and contact information, the email address associated with the Account (if any), a description of the dispute and the specific relief sought. Notices to RangeX must be sent to contact@getrangex.com and c/o Republic Registered Agent LLC, 262 Chapman Rd, Ste 240, Newark, Delaware 19702, USA. Notices to you will be sent to the email address associated with your Account. For 60 days after receipt of the Notice, the parties shall attempt in good faith to resolve the dispute informally, including, at either party's request, through an individual telephone or video conference in which you personally participate (with counsel, if you are represented). Any applicable limitation period and filing-fee deadline is tolled during this period. Compliance with this Section 24.1 is a condition precedent to commencing arbitration.

Agreement to arbitrate. If the dispute is not resolved under Section 24.1, YOU AND RANGEX AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, ANY MEMBERSHIP, OR THE RELATIONSHIP BETWEEN YOU AND RANGEX, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD OR ANY OTHER LEGAL THEORY, AND WHETHER ARISING BEFORE OR AFTER YOUR ACCEPTANCE OF THESE TERMS, WILL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS.

Exceptions. Notwithstanding Section 24.2: (a) either party may bring an individual action in small-claims court if the claim qualifies and remains in that court; and (b) either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of its intellectual property rights or the misuse of the Services in breach of Section 5.2.

Arbitration rules and forum. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (the "Rules"), as modified by this Section, before a single arbitrator. The arbitration will be conducted by video conference or telephone unless the arbitrator determines that an in-person hearing is necessary, in which case it will take place in the county in which you reside or another mutually agreed location. The arbitrator may award any relief available in court on an individual basis, and the arbitrator's award will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Delegation. The arbitrator shall have exclusive authority to resolve all disputes relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate, except that a court shall decide (a) any dispute regarding Section 24.6 (Class Action and Jury Trial Waiver) or Section 24.7 (Mass Arbitration), and (b) whether a claim falls within the exceptions in Section 24.3.

Class action and jury trial waiver. YOU AND RANGEX EACH AGREE THAT ANY PROCEEDING WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY AWARD RELIEF ONLY IN FAVOUR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. YOU AND RANGEX EACH WAIVE THE RIGHT TO A TRIAL BY JURY. If a court finds that this Section 24.6 is unenforceable as to any claim or request for relief, then that claim or request for relief (and only that claim or request) shall be severed and litigated in court after the conclusion of the individual arbitration of all other claims, and the remainder of this Section 24 shall remain in effect.

Mass arbitration. If 25 or more Notices or demands for arbitration raising substantially similar claims are submitted by or with the assistance of the same law firm, group of law firms or organisation within a 90-day period ("Mass Filing"): (a) the Mass Filing shall be administered under the Rules' mass-arbitration procedures, if any; (b) the claims shall be resolved in staged batches of no more than 10 claims each, with each batch assigned to a single arbitrator, and with the remaining claims held in abeyance until each batch is resolved; (c) the parties shall cooperate in good faith to implement this process, including by agreeing to bellwether proceedings and mediation after the first batch; and (d) the limitation periods applicable to claims held in abeyance shall be tolled. A court shall have authority to enforce this Section 24.7, including by enjoining the mass filing or administration of demands.

Fees. Payment of filing, administration and arbitrator fees will be governed by the Rules, except that for claims of US $10,000 or less, RangeX will pay all such fees in excess of the filing fee you would pay in court, unless the arbitrator determines that your claim was frivolous or brought for an improper purpose, in which case the Rules shall govern. Each party shall bear its own attorneys' fees and costs unless the arbitrator awards them under applicable law.

Public injunctive relief. To the extent that applicable law prohibits the waiver of a claim for public injunctive relief, such claim shall be severed and litigated in court after the conclusion of the individual arbitration, and the court shall stay its proceedings pending the outcome of the arbitration.

Right to opt out. YOU MAY OPT OUT OF THIS AGREEMENT TO ARBITRATE BY SENDING WRITTEN NOTICE TO contact@getrangex.com WITHIN 30 DAYS AFTER YOU FIRST ACCEPT THESE TERMS. The notice must include your name, the email address associated with your Account and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms, and will not affect any prior agreement to arbitrate that you may have with us.

Changes to this Section. If we make any material change to this Section 24, you may reject that change by sending written notice to contact@getrangex.com within 30 days after the change takes effect, in which case the version of this Section 24 in effect immediately before the change will continue to govern disputes between you and RangeX.

Survival and severability. This Section 24 survives the termination of these Terms and of your Account. Except as provided in Sections 24.6 and 24.9, if any portion of this Section 24 is found unenforceable, the remainder shall remain in full force and effect.

Apple. If you obtained the App from the Apple App Store, the following terms apply in addition to these Terms:

Google Play. If you obtain the App from Google Play, you acknowledge that these Terms are between you and RangeX only, and not with Google LLC, and that your use of the App is also subject to the Google Play Terms of Service.

We may modify these Terms from time to time. We will post the modified Terms with a new "Last Updated" date.

If we make material changes, we will provide at least 30 days' advance notice by in-App notice, email or other reasonable means, unless the change is required by law or addresses a new feature, in which case it may take effect immediately.

Your continued use of the Services after modified Terms take effect constitutes your acceptance of them. If you do not agree to the modified Terms, you must stop using the Services and, if applicable, cancel your Membership. Changes to Section 24 are subject to Section 24.11.

Entire agreement. These Terms, together with the Privacy Policy and any Additional Terms, constitute the entire agreement between you and RangeX regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties.

Severability. If any provision of these Terms is held invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permissible and modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect, subject to Sections 24.6 and 24.12.

No waiver. Our failure or delay in exercising any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorised representative of RangeX.

Assignment. You may not assign, transfer or delegate these Terms or any rights or obligations under them, by operation of law or otherwise, without our prior written consent, and any attempt to do so is void. We may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganisation or sale of assets.

Force majeure. We shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, epidemics, war, terrorism, civil unrest, labour disputes, governmental action, failures of internet, telecommunications, hosting or third-party service providers, power outages and cyberattacks.

Notices. We may provide notices to you by email to the address associated with your Account, by in-App notification or by posting within the Services. Notices sent by email are deemed received 24 hours after sending. You must send legal notices to us at contact@getrangex.com and c/o Republic Registered Agent LLC, 262 Chapman Rd, Ste 240, Newark, Delaware 19702, USA, unless these Terms specify otherwise.

Electronic communications. You consent to receive communications from us electronically, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Relationship of the parties. Nothing in these Terms creates any partnership, joint venture, agency, franchise, employment or fiduciary relationship between you and RangeX.

No third-party beneficiaries. Except as provided in Section 25.1(j) and with respect to the RangeX Parties under Sections 9, 19, 20 and 21, these Terms do not confer any rights on any third party.

Survival. Sections 2, 6.2 through 6.7, 7.3, 8.2, 8.3, 9, 10, 13, 14, 15.4, 17.4, 18 through 24, 25.1(j) and 27, and any other provisions that by their nature should survive, shall survive any termination or expiration of these Terms.

Interpretation. Headings are for convenience only and have no legal effect. The words "including" and "include" mean "including without limitation". The English-language version of these Terms controls over any translation.

California consumers. Under California Civil Code § 1789.3, California users are entitled to the following consumer rights notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.