Terms of Service

IMPORTANT NOTICE: PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS OF LIABILITY, AN INDEMNITY, AND A DISPUTE RESOLUTION CLAUSE THAT MAY REQUIRE DISPUTES TO BE RESOLVED ON AN INDIVIDUAL BASIS AND WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION (SEE SECTION 16).

These Terms of Service, together with all documents incorporated by reference (collectively, the "Agreement" or "Terms"), constitute a legally binding agreement between you and Tube, Inc., a Delaware corporation having its registered office at 6 Omni Way, #202, Chelmsford, MA 01824, US ("Company", "we", "us" or "our"). They govern your access to and use of the Service (as defined below).

BETA AND PILOT SERVICES DISCLAIMER

The Company may, at its sole discretion, make the Service, or any feature of it, available as a beta, pilot, preview, trial or similar pre-release version (a "Pilot Service"). This may include making it available free of charge, for testing and evaluation purposes. A Pilot Service is experimental. It may contain errors, defects or incomplete features, may not operate as intended, and may differ materially from any version the Company later releases commercially. The Company does not represent or warrant that a Pilot Service will be made generally available, that it will continue to be offered for any period, or that any feature of it will be included in a future release.

The Company may modify, suspend or discontinue a Pilot Service at any time, with or without notice, including at the end of the pilot or testing period. Upon discontinuation, your access to the Pilot Service may end, and any User Content, data or MyLiine Number associated with it may be deleted or reclaimed. At its sole discretion, the Company may offer users of a Pilot Service the option to migrate their account, User Content and MyLiine Number to a generally available release of the Service. Any such migration may be subject to the then-current Fees, these Terms and any applicable Supplemental Terms. The Company is under no obligation to offer such migration, and any offer may be limited to certain users, features or data.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY PILOT SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. THE COMPANY SHALL HAVE NO LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY PILOT SERVICE, OR ITS MODIFICATION, SUSPENSION OR DISCONTINUATION, INCLUDING ANY LOSS OF USER CONTENT OR DATA. YOU ARE RESPONSIBLE FOR MAINTAINING INDEPENDENT COPIES OF ANY USER CONTENT YOU WISH TO KEEP.

The Company welcomes you to submit testimonials and to take part in the MyLiine Testimonial Contest, the details in respect of which are as set out in Exhibit A.

1. The Service and Acceptance of Terms

1.1 The Service. "The MyLiine" is offered by the Company together with its related websites, applications, messaging services, software and features (collectively, the "Service"). The Service enables an adult individual (the "Organizer") to:

(a) reserve a wireless telephone number (the "MyLiine Number") for an individual, typically a minor (the "Beneficiary");

(b) approve individuals (each, a "Contributor") to send text messages, photographs, videos, audio, files and other material ("User Content") to the MyLiine Number;

(c) store that User Content (collectively, the "Archive"), including User Content designated to be withheld until a future date or event ("Sealed Items"); and

(d) transfer control of the Archive, including the Sealed Items and, where applicable, the MyLiine Number to the Beneficiary at a time designated by the Organizer and give reasonable opportunity of atleast sixty (60) days to export the Archive (excluding unreleased Sealed Items) ("Handover").

The Service as described above is referred to as a "MyLiine". Any person who accesses or uses the Service, including an Organizer, Contributor or Beneficiary, is a "User".

The features of the Service, including Sealed Items and Handover, are described in the product documentation available at https://www.myliine.com (the "Product Documentation"). The Product Documentation is provided for information only and does not form part of these Terms.

1.2 Binding agreement. You acknowledge that you have read, understood and agree to be bound by these Terms by doing any of the following: (a) creating an account or a phone-number-based access profile and reserving the MyLiine Number (an "Account"); (b) contributing to the MyLiine, including by sending any message to a MyLiine Number; (c) clicking "I agree" or a similar button and accepting these terms; or (d) otherwise accessing or using the Service. If you do not agree, you must not access or use the Service.

1.3 Documents incorporated by reference. The following form part of these Terms and are incorporated by reference: (a) the Company's privacy policy, available at https://myliine.com/privacy (the "Privacy Policy"); (b) the Mobile Services Terms, of the applicable mobile services provider and, as may be amended from time to time (the "Mobile Services Terms"), insofar as they relate to the MyLiine Number (see Section 5); and (c) any additional terms (including any third party terms) as applicable to the specific feature, plan or promotion, including as set out herein as Exhibits to these terms ("Supplemental Terms").

1.4 Order of precedence. If there is a conflict between these Terms and any document listed in Section 1.3, the following order of precedence applies, to the extent of the conflict: (a) the Mobile Services Terms, for matters relating to the MyLiine Number; (b) any Supplemental Terms, for the relevant feature, plan or promotion; and (c) these Terms, for all other matters.

1.5 Acting for another person. If you accept these Terms on behalf of a Beneficiary or another person, you represent and warrant that you have the legal authority to do so. In that case, "you" includes that person where the context requires.

2. Eligibility, Authority and Representations

2.1 Minimum age. You must be at least eighteen (18) years of age, and of the age of legal majority in your jurisdiction, to register as an Organizer or a Contributor. The Service is not directed to children under thirteen (13), or such higher age as applicable law prescribes, and such persons shall not use the Service except as a Beneficiary under Section 9.

2.2 Organizer authority. By establishing a MyLiine for a Beneficiary who may be a minor, the Organizer represents and warrants that they are the parent or legal guardian of the Beneficiary, or have obtained the express consent of such parent or legal guardian.

2.3 General representations. You represent and warrant that: (a) you have full legal capacity and authority to enter into these Terms; (b) all information you provide is true, accurate, current and complete, and you will keep it so; (c) you are not barred from using the Service under any applicable law, and you are not on any government sanctions or restricted-party list; and (d) your use of the Service will comply with these Terms and all applicable laws; and (e) all User Content that you submit, send, upload, store or seal through the Service: (i) is not, and will not be, harmful, abusive, harassing, threatening, defamatory, obscene, indecent, pornographic, sexually explicit, violent, hateful, discriminatory or otherwise objectionable; (ii) does not depict, describe or involve any minor in a sexual, indecent, abusive or exploitative manner; (iii) does not contain any intimate image of any person shared without that person's consent; and (iv) does not otherwise breach Section 8 or any applicable law. The Company may determine, at its sole discretion, whether User Content breaches this Section 2.3(e).

2.4 Refusal of service. The Company may refuse registration, or decline to assign a MyLiine Number, at its sole discretion and to the extent permitted by law.

3. Licence; Modifications

3.1 Licence to use. Subject to your compliance with these Terms, the Company grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Service (including any website or any app as may be deployed as part of the Service) strictly for personal use in accordance with and for the purposes contemplated in the Product Documentation. Use of Services for unintended purposes and for non-commercial purposes will be restricted.

3.2 Role of the Company. The Company acts as a provider and facilitator, and it is not a party to any communication between Users.

3.3 Modifications. The Company reserves the right, at any time and from time to time, to modify, suspend or discontinue the Service or any feature, with or without notice. This is subject to Section 11.8 (Discontinuation). The Service itself and including any further features designated as "beta", "pilot" or similar are and will be provided for testing and evaluation purposes only and may be changed or withdrawn without liability and without affording any opportunity for any Content or data backup.

3.4 Restrictions. Except as expressly permitted in these Terms, you shall not: (a) copy, modify, translate or create derivative works of the Service; (b) reverse engineer, decompile or disassemble the Service, or attempt to derive its source code, except to the extent applicable law expressly permits; (c) sell, resell, rent, lease, sublicense or otherwise commercially exploit the Service; (d) remove or alter any proprietary notices; (e) use the Service or any MyLiine for any business, professional or commercial purpose. This includes storing, backing up, archiving, distributing or delivering photographs, videos or other content created for or on behalf of clients or customers (for example, by a professional photographer, videographer or events business); (f) use the Service as a general-purpose file storage, backup, hosting or content-delivery service; or (g) otherwise misuse or abuse the Service, including by uploading content in volumes or at frequencies inconsistent with ordinary personal use, or by using the Service in any manner not intended by the Company.

4. Accounts, Verification and Security

4.1 Verification. Access to the Service and to any MyLiine is subject to verification of your identity, mobile number or other credentials using the methods the Company makes available from time to time, as described in the Product Documentation. The Company may change its verification methods at any time, and may refuse or revoke access where verification cannot be completed to its satisfaction. Your verified credentials determine the MyLiines and User Content you may access.

4.2 Responsibility for access. You are solely responsible for: (a) maintaining the security of your mobile device, MyLiine Number, mobile number, email account and any credentials; and (b) all activity that occurs through your Account or verified mobile number (including that of the Contributor), whether or not you authorised it.

4.3 Notification. If any mobile number associated with your Account, or with any Contributor to a MyLiine you administer, is lost, stolen, deactivated, ported, changed or reassigned to another person, or is subject to unauthorised use: (a) you shall promptly disable or remove that number using the feature provided for that purpose in the Service, as described in the Product Documentation; and (b) where that feature is unavailable, or you suspect unauthorised use of your Account, you shall notify the Company immediately at legal@myliine.com. The Organizer is responsible for keeping the list of Contributor numbers for each MyLiine accurate and up to date. The Company may, without liability, disable any number that it reasonably believes has been subject to misuse of the Service or that is deactivated or reassigned. The Company shall not be liable for any User Content sent to, received from or accessed through a number before it is disabled.

4.4 No liability for unauthorised access. The Company shall not be liable for any loss arising from unauthorised access to your Account resulting from your failure to comply with this Section 4.

5. MyLiine Number; Mobile Services Terms

5.1 Mobile Services Terms apply. The assignment, use, retention, porting and transfer of the MyLiine Number are subject to the Mobile Services Terms, which are incorporated into these Terms by reference. By reserving or using a MyLiine Number, you agree to be bound by the Mobile Services Terms.

5.2 No ownership. Telephone numbers are regulated resources. Neither the Organizer nor the Beneficiary acquires any ownership, property or proprietary right in the MyLiine Number. The Company does not warrant that any particular number, area code or vanity sequence will be available or will remain assigned.

5.3 Change or reclamation. The Company may change, suspend or reclaim a MyLiine Number: (a) where required by any carrier, regulator or telecommunications partner; (b) to prevent fraud, abuse or a security threat; (c) on termination of the Account, or non-payment of fees after notice; or (d) on a change of the Company's telecommunications provider.

Where reasonably practicable, the Company shall give the Organizer and the relevant Contributors prior notice and a replacement MyLiine Number. Such a change may possibly affect User Content already stored in the Archive, including any Sealed Items. The Company will make reasonable efforts to limit any impact in case of such replacement of the MyLiine Number.

5.4 Porting and transfer. Any porting of the MyLiine Number to the Beneficiary's mobile service, or its migration to any mobile plan, is subject to (a) the Mobile Services Terms; (b) carrier rules and regulatory requirements; (c) eligibility and identity verification; and (d) the acceptance of the applicable terms by the Organizer or Beneficiary or their legal guardians as applicable. THE COMPANY DOES NOT WARRANT AND MAKES NO ASSURANCES THAT PORTING OR TRANSFER WILL BE AVAILABLE.

5.5 Permitted use. The MyLiine Number shall be used solely for the purposes of the Service. It shall not be used for commercial, promotional, bulk or automated messaging.

6. Messaging Consent, Opt-Out and Carrier Charges

6.1 Organizer representation. By adding a mobile number as a Contributor, the Organizer represents and warrants that: (a) they personally know the holder of that number; and (b) they have a reasonable basis to believe the holder consents to receive text messages from the MyLiine. The Organizer shall add as Contributors only the mobile numbers of individuals whom the Organizer knows personally and directly, and who have a close, genuine personal relationship with the Beneficiary, such as family members and close friends. The Organizer shall not add numbers obtained from purchased lists, directories or other third-party sources.

6.2 Contributor consent. By sending a message to a MyLiine Number, or responding affirmatively to an invitation, you expressly consent to receive transactional and service-related text messages from that MyLiine Number. These include group messages, prompts, reminders, confirmations, notices about Sealed Items, links and OTPs. Message frequency varies. Consent is not a condition of any purchase.

6.3 Opt-out. You may revoke consent at any time by replying STOP to any message, or by any other reasonable means made available by us. The Company may send one confirmation of your opt-out. Revocation does not remove User Content previously submitted, which is governed by Section 7.

6.4 Non-approved senders. Messages received from numbers not approved for a MyLiine may be held, notified to the Organizer for approval, or discarded, at the Company's discretion.

6.5 Carrier charges. Message and data rates charged by your mobile carrier may apply, including international rates. You are solely responsible for these charges.

6.6 No assurance of delivery. Message delivery depends on carriers and networks outside the Company's control. The Company does not guarantee or assure that any message will be delivered, delivered on time, or delivered in its original format.

7. User Content and Licences

7.1 Ownership. As between you and the Company, you retain all right, title and interest in your User Content.

7.2 Licence to the Company. You hereby grant the Company a worldwide, non-exclusive, royalty-free, sublicensable (to service providers only) licence to host, store, reproduce, process, transmit, adapt (including by format conversion, resizing or compilation) and display your User Content, solely for the purposes of: (a) operating, providing, securing and improving the Service; and (b) complying with law. This licence terminates when the User Content is deleted from the Service, except for backup copies retained for a limited period and copies the Company must retain by law.

7.3 Licence to other Users. Subject to any restriction applicable to Sealed Items, you grant the Organizer, permitted Contributors and the Beneficiary of the relevant MyLiine a non-exclusive, perpetual, royalty-free licence to view, download, store and reproduce your User Content, including the Sealed Items for personal, non-commercial purposes. You acknowledge that User Content cannot be recalled, including once it is released or downloaded.

7.4 Your warranties. You represent and warrant that: (a) you own or have all necessary rights to your User Content and to grant the licences in this Section 7; (b) you have obtained all necessary consents from identifiable individuals depicted in or referenced by it, including from the parent or legal guardian of any minor; and (c) your User Content does not violate Section 8 or any applicable law.

7.5 Automated monitoring and moderation. The Company may and you hereby authorize the Company to use artificial intelligence and other automated tools to monitor and analyse User Content, including Sealed Items, in order to detect fraud, misuse, malicious content, and content that is sexually explicit or otherwise harmful or in breach of these Terms. If the Company or its automated tools determine that any User Content falls within these categories, the Company may, without notice or liability, block, quarantine, remove or permanently delete that User Content, and take any other action permitted under Section 8.4. You acknowledge that automated tools may sometimes flag content that is genuine or lawful. You agree that, to the maximum extent permitted by applicable law, the Company's determination shall be final and binding, and the Company shall have no liability for any action taken in good faith on the basis of such a determination. Notwithstanding anything contained herein, the Company has no obligation to monitor User Content, and assumes no responsibility or liability for it.

7.6 Feedback and Testimonials. Any suggestions or feedback you provide may be used by the Company without restriction or compensation to you. Any feedback, review, testimonial or other content you submit about the Service, including any entry in the MyLiine Testimonial Contest, shall be owned by or licensed to Company, and may be used by the Company, including, as set out in Exhibit A. If this Section 7 conflicts with Exhibit A in respect of such content, Exhibit A controls.

8. Acceptable Use; Moderation; Reporting

8.1 Prohibited content. You shall not submit, send, store or seal any User Content that: (a) depicts, promotes or facilitates the sexual exploitation or abuse of a minor; (b) consists of intimate images of any person shared without that person's consent; (c) is unlawful, defamatory, harassing, threatening, hateful or obscene, or incites violence or self-harm; (d) infringes any intellectual property, privacy or publicity right; or (e) contains viruses, malware or other harmful code.

8.2 Prohibited conduct. You shall not: (a) use the Service for spam, marketing or bulk or automated messaging; (b) impersonate any person, or misrepresent your affiliation with any person; (c) access, or attempt to access, any MyLiine, Account or data without authorisation; (d) scrape, overload, interfere with, or circumvent the security or usage limits of the Service; or (e) use the Service in violation of any applicable law.

8.3 Reporting and removal. Reports of violations may be submitted to legal@myliine.com. The Company shall process valid requests to remove non-consensual intimate imagery within the time required by applicable law, including within forty-eight (48) hours where required under United States federal law.

8.4 Enforcement. The Company may, at its sole discretion and without liability: (a) review, by automated or other means, any User Content, including Sealed Items, to detect violations of this Section 8; (b) remove or disable access to any User Content; (c) suspend or terminate any User; and (d) preserve and disclose User Content, including Sealed Items, to law enforcement, or other authorities, where required or permitted by law.

9. Minors; Privacy

9.1 Minors. The Service is intended for use by adults only. A Beneficiary who is a minor may access the Archive only through, or with the verifiable consent of, their parent or legal guardian, in accordance with applicable law, including, where applicable, the U.S. Children's Online Privacy Protection Act (“COPPA”).

9.2 Parental rights. A parent or legal guardian may request to review or delete personal information relating to their child by contacting support@myliine.com.

9.3 Privacy Policy. The collection, use, and disclosure of personal information in connection with the Service are governed by the Privacy Policy. You consent to such processing, including the Content as it may belong to the minors, as described in the Privacy Policy.

10. Fees, Billing and Renewal

10.1 Fees. The Service is offered on a subscription basis. Each subscription plan is subject to limits, including with respect to the number of memories and the amount of storage, as described on our website or in the Product Documentation, and additional memories or storage beyond those limits are subject to additional charges. All fees and charges for the Service are as published by the Company from time to time, and may be modified by the Company at any time ("Fees"). Fees are exclusive of applicable taxes unless stated otherwise. Unless otherwise agreed, the Organizer is responsible for paying all Fees for each MyLiine they establish. Any designee, agent or trustee of the Organizer, including any person designated through the Service to manage the Service and pay, including for a MyLiine Number (each, a "Payer"), shall also be responsible for paying the applicable Fees from the time of their designation. The appointment of a Payer does not release the Organizer from liability for any Fees that remain unpaid.

10.2 Payment authorisation. You authorise the Company, and its payment processor, to charge your designated payment method for all Fees when due, including recurring Fees.

10.3 Automatic renewal. UNLESS YOU CANCEL BEFORE THE END OF THE THEN-CURRENT TERM, SUBSCRIPTIONS RENEW AUTOMATICALLY FOR SUCCESSIVE TERMS OF EQUAL LENGTH AT THE COMPANY'S THEN-CURRENT APPLICABLE RATES. You may disable automatic renewal at any time through your Account settings. The Company shall provide notice of price changes as required by applicable law.

10.4 Refunds. Except as required by applicable law or as expressly stated otherwise, all Fees are non-refundable, including for any partial terms.

10.5 Non-payment. If any Fees remain unpaid after notice, the Company may suspend or limit the Service in accordance with Section 11.

11. Term, Suspension and Termination

11.1 Term. These Terms remain in effect for as long as you access or use the Service, or for so long as you (or any Payer on your behalf) continue to pay Fees for the Service, whichever is later; provided the Service is not discontinued or suspended by the Company.

11.2 Termination by you. An Organizer may close a MyLiine at any time through the Service. A Contributor may cease participation at any time in accordance with Section 6.3.

11.3 Suspension or termination by the Company. The Company may suspend or terminate your Account or access to the Service or any MyLiine Number, in whole or in part, where: (a) you breach these Terms or the Mobile Services Terms; (b) Fees remain unpaid after notice; (c) required by law, regulators or carriers; (d) the Company reasonably believes this is necessary to protect Users, third parties or the Service; or (e) in case of any material breach of these Terms by you, whether such breach is curable or not.

Except where prohibited by law or where the Company reasonably considers immediate action necessary, the Company shall give prior notice of suspension or termination.

11.4 Effect of suspension. During any suspension: (a) access to the MyLiine and the Archive may be restricted; (b) the release of Sealed Items and any Handover may be postponed until the suspension is lifted; and (c) the MyLiine Number may be suspended in accordance with the Mobile Services Terms.

11.5 Effect of termination. On termination of an Account or closure of a MyLiine: (a) your right to access and use the Service and the relevant MyLiine ends; (b) any Sealed Items not yet released will not be released, unless the Company elects otherwise under Section 11.8; (c) any scheduled Handover will not occur; and (d) the MyLiine Number may be discontinued or reclaimed in accordance with Section 5.3 and the Mobile Services Terms.

Except where termination results from a breach of Section 8 or is required by law, the Company shall give the Organizer not less than sixty (60) days' notice, and an opportunity to export the Archive (excluding unreleased Sealed Items), before deleting User Content. This does not apply where termination results from a breach of Section 8 or is required by law. Where termination occurs at any time on or after the Handover Date, the Company shall have no obligation to provide any notice period or opportunity to export the Archive, and may delete User Content upon termination.

11.6 Handover. Upon Handover, the Organizer's rights to administer the relevant MyLiine shall terminate, and the Beneficiary shall become the account holder, subject to the Beneficiary accepting these Terms. If the Organizer or Beneficiary dies or becomes incapacitated, the Company may grant access to the Archive to a person who provides evidence of legal authority satisfactory to the Company. The Company may also, at any time and at its discretion, enable any designee, agent or trustee of the Organizer, including any person the Organizer designates through the Service, to access and operate the Organizer's Account on the Organizer's behalf. The Organizer shall be responsible for all acts and omissions of any such person.

11.7 Storage and backups. The Company shall use commercially reasonable measures to store and back up User Content, but does not assure or guarantee against any loss.

11.8 Discontinuation of the Service. If the Company discontinues the Service, it shall: (a) give Organizers not less than sixty (60) days' prior notice; (b) provide a means to export the Archive for a period of at least sixty (60) days following the date of notice specified in sub-section (a) of this Section; and (c) use reasonable efforts to release Sealed Items early, or return them to their senders, as the Organizer elects and applicable law permits.

11.9 Survival. Sections 3, 5, 7, 10, 11 and 12 through 17 survive any termination or expiry of these Terms.

12. Third-Party Services; AI Features; Intellectual Property

12.1 Third-party services. The Service relies on third-party providers, including telecommunications carriers, messaging platforms, hosting providers and payment processors. The Company is not responsible for any act, omission, outage or change of policy by such third parties, or for any third-party website linked from the Service.

12.2 AI features. Certain features may use automated or artificial-intelligence tools to generate summaries, suggestions, compilations or search results ("AI Output"). AI Output may be inaccurate or incomplete, and is provided without warranty.

12.3 Company intellectual property. The Service, including all software, designs, text, graphics and trademarks (including "The MyLiine" and the Company’s name and logos, including “Liine”, “MyLiine”, “Tube”, “Reach”, “Reach Mobile”, “That’s My Mobile”, and “Slate-Mobile”), is owned by the Company or its licensors and is protected by intellectual property laws. All rights not expressly granted in these Terms are reserved.

13. Disclaimer of Warranties

13.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, THE MYLIINE NUMBER AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. THIS INCLUDES ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

13.2 WITHOUT LIMITING SECTION 13.1, THE COMPANY DOES NOT WARRANT THAT: (a) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE; (b) ANY USER CONTENT OR SEALED ITEM WILL BE PRESERVED, DELIVERED OR RELEASED ON ANY PARTICULAR DATE OR AT ALL; OR (c) ANY MYLIINE NUMBER WILL REMAIN AVAILABLE OR BE PORTABLE OR TRANSFERABLE.

14. Limitation of Liability

14.1 Excluded damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES. THIS INCLUDES LOSS OF DATA, USER CONTENT, SEALED ITEMS, PROFITS, GOODWILL OR EMOTIONAL DISTRESS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.2 Liability cap. THE COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (a) THE FEES YOU PAID TO THE COMPANY IN THE THREE (03) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; AND (b) ONE HUNDRED U.S. DOLLARS (US$100).

14.3 Exceptions. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law. Where applicable law does not permit certain exclusions or limitations, they shall apply to the maximum extent permitted.

15. Indemnification

15.1 You shall defend, indemnify and hold harmless the Company, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, liabilities, damages, losses, costs and expenses, including reasonable attorneys' fees, arising out of or relating to: (a) your User Content; (b) your breach of these Terms or the Mobile Services Terms; (c) your violation of any law or third-party right; or (d) your addition of any mobile number as a Contributor in breach of Section 6.1.

15.2 The Company reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, at your expense.

16. Governing Law and Dispute Resolution

16.1 Governing law. These Terms, and any dispute arising out of or relating to them or the Service, shall be governed by the laws of the state of Massachusetts, USA, without regard to its conflict-of-laws principles.

16.2 Informal resolution. Before commencing any proceeding, the parties shall attempt in good faith to resolve the dispute informally for not less than thirty (30) days following written notice to the other Party of any dispute.

16.3 Jurisdiction. Any dispute not resolved under this Section 16.2 shall be subject to the exclusive jurisdiction of the state and federal courts located in Boston, Massachusetts, and each party irrevocably submits to the personal jurisdiction and venue of those courts. This does not deprive consumers of any mandatory right to bring proceedings in their place of residence.

16.4 Class action waiver. TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS SHALL BE BROUGHT IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING.

16.5 Waiver of jury trial. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY EACH KNOWINGLY, VOLUNTARILY AND IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE. ALL SUCH MATTERS SHALL BE TRIED BEFORE A JUDGE SITTING WITHOUT A JURY.

16.6 Limitation period. To the extent permitted by law, any claim must be commenced within one (1) year after the cause of action arises.

17. Amendments; General Provisions; Contact

17.1 The Company may amend these Terms from time to time. For material amendments, the Company shall endeavour to give thirty (30) days' notice by email or text message. Your continued use of the Service after the effective date of an amendment constitutes acceptance of it.

17.2 You may not assign or transfer these Terms without the Company's prior written consent. These Terms, together with the documents incorporated by reference, constitute the entire agreement between you and the Company regarding the Service. They supersede all prior agreements and understandings. If any provision is held invalid or unenforceable, it shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect. No failure or delay in exercising any right shall operate as a waiver of that right. The Company shall not be liable for any failure or delay caused by events beyond its reasonable control. These include carrier or network failures, acts of government, natural disasters, cyber-attacks and termination of any of the contracts by the suppliers of the Company. Capitalised terms have the meanings given to them where they are first defined in these Terms. The words "including" and "includes" mean "including without limitation". Headings are for convenience only and do not affect interpretation.

17.3 Notices. The Company may give notices by email, text message to your verified mobile number, or within the Service.

You may give notices to the Company at the address below:

Tube, Inc

6 Omni Way, #202,

Chelmsford, MA 01824, US

legal@myliine.com

Support Contact No: 3512080121

Exhibit A

MyLiine Testimonial Contest Terms

This Exhibit A has two parts.

Part 1 sets out the Official Rules of the MyLiine Testimonial Contest.

Part 2 sets out the terms that apply to all Submissions, including contest entries.

Part 1: Liine Testimonial Contest Official Rules

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.

Contest details

THE CONTEST DETAILS MAY BE SEPARATELY PUBLISHED BY US ELSEWHERE, INCLUDING ON OUR WEBSITE.

1. Sponsor. The contest is sponsored by Tube, Inc, a Delaware corporation, 6 Omni Way, #202, Chelmsford, MA 01824, US "Sponsor").

2. Eligibility. The contest is open to legal residents of the 50 United States and the District of Columbia who are 18 or older at the time of entry. Employees of Sponsor, their immediate family members (spouse, domestic partner, parent, child, sibling, and each of their spouses), and members of their households may enter, but are not eligible to win a prize. A Paid Testimonial (as defined in Part 2, Section 4 of this Exhibit A), or any video substantially the same as one, is not an eligible entry and will be disqualified. Further, any person who has been paid or otherwise compensated by Sponsor for a Paid Testimonial is not eligible to enter the contest, and any entry submitted by that person will be disqualified.

3. Entry period. The contest runs during the contest period shown in the Contest Details table.

4. How to enter. Submit one or more original videos about MyLiine, no longer than the maximum video length shown in the Contest Details table, in any format (live action, animation, audio with visuals, or slides), at the Entry Page, specified above, and accept the terms in Part 2 of this Exhibit A. Limit one entry per person.

5. Judging. A panel chosen by Sponsor will score eligible entries on:

   • Originality and genuineness (40%);

   • how well the entry shows what MyLiine is and why it matters (30%); and

   • production quality (30%).

Likes, views, and the positive or negative tone of an entry do not affect scores. Ties are broken by the genuineness score. The judges' decisions are final.

6. Prizes. The first, second, and third place winners may each receive promotional credits, gift cards, and/or prizes, in the amounts and approximate retail value ("ARV") shown in the Contest Details table. Credits to the extent provided are promotional, have no cash value, are not transferable, and expire on the credit expiry date shown in the Contest Details table. Sponsor may substitute a prize of equal or greater value. Winners are responsible for any applicable taxes, if any.

7. Winners. Potential winners will be notified by email or text by the date shown in the Contest Details table. A potential winner must reply within seven (7) days and sign an eligibility declaration and release, failing which an alternate winner may be selected.

8. Use of entries and publicity. Entries are Submissions under Part 2 of this Exhibit A. Except where prohibited by law, each winner agrees that Sponsor may use their name, likeness, city and state, and entry to announce and promote the contest, without additional compensation.

9. Disclosure. If you post your entry publicly, you must include "#MyLiineContest entry" at the start of the caption.

10. General. Sponsor may cancel, suspend, or modify the contest if fraud, technical problems, or other causes beyond its control affect the fairness or integrity of the contest. Sponsor is not responsible for lost, late, incomplete, or misdirected entries. These Official Rules are governed by the laws of the State of Massachusetts and disputes relating to the contest shall be heard in courts located in Boston, Massachusetts. The contest is not sponsored, endorsed, or administered by, or associated with, Instagram, TikTok, YouTube, or any other platform.

11. Winners list. To request the names of the winners, email the contact shown in the Contest Details table by the date shown there.

Part 2: MyLiine Testimonials, Creator Content and Submissions

1. What this covers. These terms apply if and when you send Tube, Inc., with its principal place of business at 6 Omni Way, #202, Chelmsford, MA 01824, US ("we" or "us"), feedback, reviews, ratings, comments, testimonials or creative content about the MyLiine in any format, including live-action video, animation, audio, slides, photos or text ("Submissions"). These terms apply whether you submit through our website (URL provided above), app, email, social media, surveys or interviews, or as part of the MyLiine Testimonial Contest. By making a Submission, you agree to these terms.

2. Who can submit. You must be 18 or older, or 13 to 17 with a parent or legal guardian who agrees to these terms on your behalf. We do not accept Submissions from children under 13 and will delete any we receive.

3. Testimonials and Creative Works. When you submit, you must tell us which type of Submission it is:
   (a) Testimonial: your own real experience with MyLiine. Describe what you actually experienced. You may say anything you honestly think, positive or negative.
   (b) Creative Work: a story, ad concept, animation, dramatization, or other creative piece. A Creative Work must be based on your own real experience with MyLiine, and we may present it as both your real experience and creative content. By submitting, you confirm that any experience you show or describe as your own actually happened. Parts that are scripted, acted, or animated may be presented as creative content. We do not present an actor or an invented scenario as a real customer's experience.
   We never require a favorable opinion. Nothing we give you (including free access, prizes, credits or payment) depends on what you say about MyLiine.

4. Paid Testimonials. A "Paid Testimonial" is any Testimonial or Creative Work for which We pay or compensate you, whether in money, gift cards, mobile service credits, MyLiine credits or anything else of value, under a separate written offer or agreement made to you. Free or discounted MyLiine access given only so that you can try MyLiine, and a contest prize, do not by themselves make a Submission a Paid Testimonial. For a Paid Testimonial:(a) your opinions must be your own, and payment never depends on what you say; (b) you must disclose the payment you received, as described in Section 5; and (c) We will identify it as paid when we publish it.
   A Paid Testimonial cannot be entered in the MyLiine Testimonial Contest. If We have paid or compensated you in any form for a Testimonial or Creative Work, you are not eligible to enter the MyLiine Testimonial Contest.

5. Disclose your connection to us. If you post about MyLiine yourself, in any public media, you must clearly disclose any connection with us, including that you:

   • received MyLiine free or at a discount;

   • were paid or given anything of value;

   • entered our contest or won a prize; or

   • are a friend, family member or employee of someone at Tube, Inc.

Put the disclosure at the start of your caption and, for video or audio, say it and show it on screen. Do not hide it in a group of hashtags or behind a "more" link. Use the relevant platform's paid-partnership label where one exists. We may ask you to correct or remove a post that lacks a proper disclosure. We will also disclose these connections when we publish your Submission.

6. Licence to use your Submission. You keep ownership of your Submission. You grant Us, and our affiliates and those acting on our behalf a worldwide, royalty-free, perpetual, irrevocable (except as stated in Section 11), transferable and sublicensable licence to use, copy, publish, display, perform, distribute and adapt your Submission, in any media now known or later developed, including our website, app, social media, advertisements, emails and presentations. To the extent permitted by law, you waive any "moral rights" in your Submission. You may show a Creative Work you made in your personal portfolio or reel, credited "Made for the MyLiine."

7. Name, image, voice, and likeness. You expressly consent to Us using your name (or your first name and last initial, if you prefer), image, photograph, voice, likeness, city and state, and any biographical details you provide, together with your Submission, for advertising, marketing, promotional and other commercial purposes, without further notice, approval or payment. This consent is given under California Civil Code § 3344 and similar laws of other states. We will not use your likeness to create an AI-generated digital replica of you without your separate written consent.

8. Editing. We may edit your Submission for length, clarity, format, and grammar; translate or caption it; cut it into clips; and combine it with other Submissions, music, graphics, and footage, including in compilation videos and advertisements. We will not edit a Testimonial in a way that changes its meaning or makes you say something you did not express. We will try to credit creators where practical, but are not required to do so.

9. Other people in your Submission. Your Submission may show family members and others of any age, and the senders or recipients of MyLiine messages. For every person who can be seen, heard or named in your Submission, you confirm that:
   (a) they agreed to appear and to the uses described in Sections 6 to 8;
   (b) for anyone under 18, their parent or legal guardian agreed (or you are that parent or guardian); (c) for a deceased person, you have the right to share their image, voice or words, for example as their heir or with the permission of their estate; and
   (d) you share the contents of a MyLiine message only with its sender's permission.
   Do not include a child's full name, school, address or contact details. We will not publish a child's full name or location.

10. Original and lawful content. Your Submission must be your own work. Any music, fonts, footage, images or artwork in it must be owned by you or licensed for our commercial use. If you used AI tools to create people, voices, or footage, you must tell us. Do not use AI to depict a real person without their consent. Do not include unlawful, hateful, sexual, or misleading content, or feature other companies' logos prominently.

11. Changing your mind. You may ask us to stop using your Submission, name, or likeness by emailing legal@myliine.com. We will stop using it in new materials within approximately 30 days. You understand that we cannot recall materials already printed, broadcast, or distributed, or reposts by others.

12. No obligation or payment. We are not required to use or publish any Submission, and may remove it at any time. You will receive no payment for a Submission, except any free access, contest prize or creator fee that we agree to separately in writing.

13. Privacy. We handle personal information in Submissions in accordance with our Privacy Policy available here https://myliine.com/privacy, including your rights under the California Consumer Privacy Act. We handle children's information in accordance with the Children's Online Privacy Protection Act (COPPA).

14. MyLiine Testimonial Contest. If you enter the MyLiine Testimonial Contest, the Official Rules in Part 1 of this Exhibit A also apply and form part of these terms. If Part 1 conflicts with these terms on a contest matter, Part 1 controls.