Snowpilot End User License Agreement

PLEASE READ THE FOLLOWING CAREFULLY BEFORE INSTALLING AND/OR USING THE APP.

Notably, these terms constitute a binding agreement and include a mandatory arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and limits the remedies available to you in the event of certain disputes.

By accepting this Snowpilot End User License Agreement (“Agreement”), or installing and/or using the Snowpilot mobile software application (“App”) you expressly acknowledge and agree that you are entering into a legal agreement with Snowpilot Ltd. (“Snowpilot”, “we”, “us” or “our”), and have understood and agree to comply with, and be legally bound by, the terms and conditions of this Agreement. You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by this Agreement please do not accept it, download, install or use the App.

Note: The App is provided for informational and convenience purposes only. The App is not a safety, rescue, emergency response, or emergency notification service, and is not a substitute for your own judgment, official trail signage, resort information, weather or avalanche reports, or professional emergency assistance. Certain functionality may depend on your device’s location permissions, connectivity, and third-party services. Certain information, content, and functionality made available through the App, including location-based functionality, may be inaccurate, incomplete, unavailable, or delayed. If you disable location permissions, certain functionality may be limited or unavailable. In an emergency, contact local emergency services, ski patrol, or other appropriate authorities directly. Use of the App and any information, content, or functionality made available through it is entirely at your own risk.

1. Ability to Accept. By installing the App you affirm that you are over sixteen (16) years of age. If we become aware that you are under 16, we may suspend or delete your account.

2. App License. Subject to the terms and conditions of this Agreement, we hereby grant you a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license (“License”) to download, install, access and use the App on a mobile telephone or device that you own or control, in accordance with this Agreement and any applicable Usage Rules (defined below).

3. License Restrictions. You agree not to, and shall not permit any third party to: (i) sublicense, redistribute, sell, lease, lend or rent the App; (ii) make the App available over a network where it could be used by multiple devices owned or operated by different people at the same time; (iii) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of, the App; (iv) copy (except for back-up purposes), modify, improve, or create derivative works of the App or any part thereof; (v) circumvent, disable or otherwise interfere with security-related features of the App or features that prevent or restrict use or copying of any content or that enforce limitations on use of the App; (vi) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the App; (vii) use the Snowpilot name, logo or trademarks without our prior written consent; (viii) use the App to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, or that is inconsistent with applicable instructions, warnings, or rules; (ix) use the App to monitor, track, harass, threaten, intimidate, surveil, or otherwise harm any person, or to facilitate any of the foregoing; (x) collect, determine, infer, disclose, or misuse information about another person’s location, movements, activities, or whereabouts without such person’s authorization and any permissions required by applicable law; and/or (xi) provide false, misleading, or inaccurate information in connection with your use of the App, or interfere with the integrity or proper operation of the App.

4. Account. In order to use some of the App features you may have to create or use an account (“Account”). You agree not to create an Account for anyone else or use the account of another without their permission. If you create an Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify us immediately of any unauthorized use of your Account. We can terminate or disable your Account immediately to protect our App or services, or if you create risk or legal exposure for us, violate this Agreement, if you infringe other people’s rights, if we suspect misuse by you of the App, our content or our services. If we take action to disable or terminate your Account, we will notify you where appropriate. If you believe your Account has been terminated in error, or you want to disable or permanently delete your Account, please contact us at support@snowpilot.app.

5. App Usage Rules. If you are downloading the App from a third party mobile device platform or service provider (“Distributor”), please be aware that the Distributor may have established usage rules which also govern your use of the App (“Usage Rules”). We specifically refer to the Usage Rules of certain Distributors below in the section below entitled ‘Distributor Requirements and Usage Rules’, but other Usage Rules may be applicable depending on where the App has been downloaded from. You acknowledge that, prior to downloading the App from a Distributor, you have had the opportunity to review and understand, and will comply with, its Usage Rules. The Usage Rules that are applicable to your use of the App are incorporated into this Agreement by this reference. You represent that you are not prohibited by any applicable Usage Rules and/or applicable law from using the App; if you are unable to make such a representation you are prohibited from installing and/or using the App.

6. Safe and Appropriate Use. You agree that your use of the App is at your own risk and that you will not use the App to violate any applicable law, regulation, policy, or instruction as outlined in this Agreement and you will not encourage or enable any other individual to do so.  In any event, if we become aware of unlawful or prohibited use of our App or behavior, we reserve the right to report it to the relevant authorities.

7. User Submissions; Objectionable Content and Abusive Users. 

1. To the extent the App permits you to upload or submit any photos, text, information, or other content (“User Submissions”), you represent and warrant that you own such User Submissions or have all rights, consents, and permissions necessary to provide them to Snowpilot, and that such provision to Snowpilot and Snowpilot’s use thereof as contemplated by this Agreement will not violate any applicable laws or infringe, misappropriate, or otherwise violate any third party rights. As between the parties, you retain ownership of your User Submissions. You hereby grant Snowpilot and its affiliates a worldwide, non-exclusive, royalty-free, paid-up, sublicensable (including to Snowpilot’s third party service providers engaged in providing the App and related services), right and license to use, host, copy, process, modify, adapt and otherwise use your User Submissions as necessary to provide the App and related services to you, and, on a perpetual basis, if anonymized and/or de-identified in accordance with industry standards, to improve the App and our services.

2. Snowpilot has a no tolerance policy for objectionable content or abusive users. You agree not to upload, post, or transmit any User Submissions that are defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise objectionable, as determined by Snowpilot in its sole discretion. You further agree not to engage in any abusive, harassing, threatening, or intimidating conduct toward any other user or any third party. Snowpilot may, in its sole discretion and without prior notice, suspend or terminate the Account of any user who violates this policy or engages in abusive behavior.

8. Intellectual Property Rights. 

1. Ownership. The App is licensed and not sold to you under this Agreement, and you acknowledge that Snowpilot and its licensors retain all title, ownership rights and Intellectual Property Rights (defined below) in and to the App (and its related software) and all derivatives, improvements and modifications thereof. We reserve all rights not expressly granted herein to the App. “Intellectual Property Rights” means any and all rights in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.

2. Content. The content on the App, including without limitation, the text, information, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (“Materials”) and the trademarks, service marks and logos contained therein (“Marks”, and together with the Materials, the “Content”), is the property of Snowpilot and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “Snowpilot” and the Snowpilot logo are Marks of Snowpilot and its affiliates. All other Marks used on the App are the trademarks, service marks, or logos of their respective owners.

3. Use of Content. The Content on the App is provided to you “as is” for your personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the content you must retain all copyright and other proprietary notices contained therein.

4. Feedback. If you provide Snowpilot with any suggestions, comments, or feedback regarding the App (“Feedback”), Snowpilot may use such Feedback for any purpose without restriction or obligation to you, and you hereby assign to Snowpilot all rights, title, and interest in and to such Feedback.

9. Payments.

1. We may offer access to and use of the App for a limited free trial period, as presented to you at sign-up, in the App, or through the applicable app store. During any such free trial period, you may access and use the App without payment of Subscription Fees (as defined below).

2. Following the expiration of any such free trial period, continued access to and use of the App requires payment of the applicable Subscription Fees as set forth in the subscription plan chosen by you on the App or in the applicable app store (“Subscription Fees”), unless otherwise expressly made available by us. Subscription Fees are non-refundable for the applicable Subscription Period (as defined below), except as required by applicable law or the policies of the applicable app store.

3. We may offer daily, weekly, and yearly subscription plans, each for the applicable period specified at the time of purchase (each, a “Subscription Period”). Daily and weekly subscriptions expire at the end of the applicable Subscription Period and will not automatically renew.

4. AUTO RENEWAL TERMS. Yearly subscriptions automatically renew for successive one-year Subscription Periods at the then-current rate unless you cancel before the end of the then-current Subscription Period. By purchasing a yearly subscription, you authorize the applicable app store to charge you for each renewal. The applicable subscription price, Subscription Period, renewal date, and deadline for cancelling to avoid the next renewal charge will be disclosed to you at the time of purchase and, where required by applicable law, in a renewal reminder. If the applicable Subscription Fees change, we will provide advance notice where required by applicable law and you may cancel your yearly subscription before the new Subscription Fees take effect. You may manage or cancel your yearly subscription through your app store account settings. 

5. Please be aware that your use of the App may require and utilize internet connection or data access. To the extent that third party service provider or carrier charges for your internet or data usage are applicable, you agree to be solely responsible for those charges.

10. Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the content available on the App is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the content, or any part thereof without the requirement of giving you any notice prior to or after making such changes to the content.

11. Third Party and Open Source Software. Portions of the App may include third party and open source software that are subject to third party terms and conditions (“Third Party Terms”). If there is a conflict between any Third Party Terms and the terms of this Agreement, then the Third Party Terms shall prevail but solely in connection with the related third party open source software.

12. Privacy. Our Privacy Policy is available at: https://snowpilot.app/privacy (“Privacy Policy”).

13. Location Data. If you enable location-based features, the App may collect or use information related to your geographic location (“Location Data”). You can control whether Location Data is collected through your device and app permissions. If you do not enable Location Data, certain features may be limited or may not operate. Any use of Location Data (if collected) will be as described in the Privacy Policy.

14. Anonymous Information. We may use Anonymous Information for our business purposes, including for improvement of the App and our products and services, as well as share Anonymous Information with third parties. “Anonymous Information” means information which does not enable identification of an individual user, such as aggregated, de-identified and/or statistical information about the use of our App and services. Notwithstanding, you are aware that you are not legally obligated to provide us with personal information, and you hereby confirm that using the App and providing us personal information in relation thereto is at your own free will.

15. Warranty Disclaimers.

1. THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND SNOWPILOT DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE APP WILL OPERATE ERROR-FREE, THAT IT IS FREE OF VIRUSES OR OTHER HARMFUL CODE, OR THAT WE WILL CORRECT ANY ERRORS. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS), GPS OR OTHER LOCATION-BASED SERVICES, OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.

2. SNOWPILOT DOES NOT PROVIDE SAFETY, RESCUE, EMERGENCY RESPONSE, OR EMERGENCY NOTIFICATION SERVICES. THE APP IS NOT A SUBSTITUTE FOR YOUR OWN JUDGMENT, OFFICIAL TRAIL SIGNAGE, RESORT INFORMATION, WEATHER OR AVALANCHE REPORTS, OR PROFESSIONAL EMERGENCY ASSISTANCE. CERTAIN INFORMATION, CONTENT, AND FUNCTIONALITY MADE AVAILABLE THROUGH THE APP, INCLUDING LOCATION-BASED FUNCTIONALITY, MAY BE INACCURATE, INCOMPLETE, UNAVAILABLE, OR DELAYED. YOU ARE SOLELY RESPONSIBLE FOR EXERCISING INDEPENDENT JUDGMENT AND FOR VERIFYING ANY INFORMATION BEFORE RELYING ON OR USING IT, PARTICULARLY IN CONNECTION WITH SAFETY-RELATED OR TIME-SENSITIVE DECISIONS. YOU ACKNOWLEDGE THAT YOUR USE OF THE APP IS VOLUNTARY AND AT YOUR OWN RISK, AND YOU AGREE THAT SNOWPILOT WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE APP OR YOUR RELIANCE ON ANY INFORMATION, CONTENT, OR FUNCTIONALITY MADE AVAILABLE THROUGH THE APP.

3. THE APP MAY RELY ON THIRD PARTY SERVICES AND SUPPLIERS, INCLUDING LOCATION, MAPPING, ANALYTICS, INFRASTRUCTURE, CONNECTIVITY, AND PLATFORM PROVIDERS. SNOWPILOT DOES NOT CONTROL, AND IS NOT RESPONSIBLE FOR, THE ACTS, OMISSIONS, OR PERFORMANCE OF ANY SUCH THIRD PARTY SERVICES OR SUPPLIERS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SNOWPILOT MAKES NO WARRANTY OR REPRESENTATION REGARDING ANY THIRD PARTY SERVICES, CONTENT, OR DATA MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE APP.

4. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.

16. Limitation of Liability. 

1. NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, SNOWPILOT SHALL NOT BE LIABLE FOR ANY SPECIAL,  INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE APP EVEN IF SNOWPILOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

2. NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, SNOWPILOT’S TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE APP, SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE FEES, IF ANY, ACTUALLY PAID BY YOU TO SNOWPILOT FOR USING THE APP WITHIN THE THREE (3) MONTHS PRECEDING THE DATE OF BRINGING A CLAIM OR THE SUM OF ONE HUNDRED USD ($100), WHICHEVER IS HIGHER.

17. Indemnity. You agree to defend, indemnify and hold harmless Snowpilot and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the App; (ii) your violation of this Agreement; and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. Without derogating from or excusing your obligations under this section, we reserve the right (at your own expense), but are not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you if you choose not to defend or settle it. You agree not to settle any matter subject to an indemnification by you without first obtaining our express approval.

18. Export Laws. You agree to comply fully with all applicable export laws and regulations to ensure that neither the App nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.

19. Updates and Upgrades. We may from time to time provide updates or upgrades to the App (each, a “Revision”), but are not under any obligation to do so. Such Revisions will be supplied according to our then-current policies, which may include automatic updating or upgrading without any additional notice to you. You consent to any such automatic updating or upgrading of the App. All references herein to the App shall include Revisions. This Agreement shall govern any Revisions that replace or supplement the original App, unless the Revision is accompanied by a separate license agreement which will govern the Revision.

20. Term and Termination. 

1. This Agreement is effective until terminated by us or you. We reserve the right, at any time, to: (i) discontinue or modify any aspect of the App; and/or (ii) terminate this Agreement and your use of the App with or without cause, including but not limited to upon termination of your Snowpilot subscription and/or failure to pay the Subscription Fees, and shall not be liable to you or any third party for any of the foregoing. If you object to any term or condition of this Agreement or any subsequent modifications thereto, or become dissatisfied with the App in any way, your only recourse is to immediately discontinue use of the App.

2. Upon termination of this Agreement, you shall cease all use of the App. This Section ‎20.2 and Sections ‎3 (License Restrictions), 7 (User Submissions), ‎8 (Intellectual Property Rights), ‎12 (Privacy), ‎14 (Anonymous Information), ‎15 (Warranty Disclaimers), ‎16 (Limitation of Liability), ‎17 (Indemnity), and ‎21 (Assignment) to ‎25 (General) shall survive termination of this Agreement.

21. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Snowpilot without restriction or notification. Any prohibited assignment shall be null and void.

22. Modification. We reserve the right to modify this Agreement at any time by sending you an in-App notification and/or publishing the revised Agreement on the App. Such change will be effective ten (10) days following the foregoing notification thereof, and your continued use of the App thereafter means that you accept those changes.

23. Mandatory Arbitration.

1. In the event of any claim, controversy, or dispute under, or otherwise in connection with, this Agreement (a “Dispute”), such Dispute shall be resolved exclusively by arbitration in accordance with Schedule A attached hereto. However, if the Dispute is not subject to arbitration (either because you opted-out of arbitration in the manner described in Schedule A, or because a court of competent jurisdiction determines that the agreement to arbitrate does not apply to you or the Dispute), then the Dispute shall be subject to the exclusive jurisdiction and venue of the competent courts located in New York County, New York, and the parties hereby irrevocably and unconditionally submit to the personal jurisdiction of such courts and waive any jurisdictional, improper venue, inconvenient forum, or other objections to such jurisdiction and venue.

2. Regardless of any law to the contrary, you agree that any claim or cause of action arising under, or otherwise in connection with, this Agreement must be filed within ONE (1) YEAR after such claim or cause of action arises, or else you agree that such claim or cause of action will be forever barred. Moreover, if you are a consumer (as defined under the laws of your jurisdiction), this Agreement is not intended to, and shall not, exclude or limit any mandatory rights you may have under the consumer protection laws of your jurisdiction.

24. Governing Law and Disputes. To the maximum extent permitted by law, this Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of laws rules.

25. General. This Agreement, and any other legal notices published by us in connection with the App, shall constitute the entire agreement between you and Snowpilot concerning the App. In the event of a conflict between this Agreement and any such legal notices, the terms of the applicable notice shall prevail with respect to the subject matter of such notice. No amendment to this Agreement will be binding unless in writing and signed by Snowpilot. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, that provision shall be severed from this Agreement, and the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

26. Distributor Requirements and Usage Rules. 

1. Apple. If you download the App from the Apple, Inc. (“Apple”) App Store (or in any event if you download an Apple iOS App) then, without derogating from the warranty disclaimers and limitation of liability as set forth in the Agreement:

1. You acknowledge and agree that:

1. this Agreement is concluded between Snowpilot and you only, and not with Apple, and Snowpilot and its licensors, and not Apple, are solely responsible for the App and the content thereof.

2. your use of the App is also subject to the Usage Rules established by Apple, including those set forth in the Apple App Store Terms of Service, effective as of the date that you enter into this Agreement.

3. the License granted herein is limited to a non-transferable right to use the App on an Apple iPhone, iPod Touch, iPad, or other Apple-branded product that you own or control and that runs the iOS;

4. Snowpilot is solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement, or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;

5. Snowpilot is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will, to the extent applicable, refund any purchase price paid (if any) by you for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Snowpilot’s sole responsibility;

6. Snowpilot, and not Apple, is responsible for addressing any product claims you, or any third party, may have relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation;

7. in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Apple shall not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim;

8. Apple, and its subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. 

(ii) You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

(iii) If you have any questions, complaints, or claims regarding the App, please contact Snowpilot at: support@snowpilot.app.

(iv) By entering into this Agreement you, to the extent legally permitted, hereby waive any applicable law requiring that this Agreement be localized to meet your language and other local requirements. To the extent that the foregoing is not permitted, you agree to be bound by the standard Apple Licensed Application End User License Agreement which is part of the Apple App Store Terms of Service, at www.apple.com/legal/itunes/us/terms.html#SERVICE (as amended from time to time). 

Last updated: September 6, 2026

SCHEDULE A

Mandatory Arbitration

Snowpilot wants to address your concerns without the need for a formal legal dispute. Before filing a claim against Snowpilot, you agree to try to resolve the Dispute informally by contacting us at support@snowpilot.app. If a Dispute is not resolved within 30 days after the email noting the Dispute is sent, you may initiate proceedings, as set forth in this Schedule A.

You and Snowpilot agree that this agreement affects interstate commerce and that the enforceability of this Schedule A shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.

Unless you and Snowpilot expressly agree otherwise in writing, the arbitration shall take place in-person in New York, New York, except that if telephonic or other remote electronic means are available and permissible, then you may elect to conduct the arbitration via such means. You agree that: (a) any arbitration will occur in New York City, New York; (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section; and (c) that the state or federal courts of the State of New York, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. The arbitrator must honor the terms and conditions of this agreement (including, but not limited to, all liability exclusions and limitations) and shall not make any award or decision that is contrary to, or in excess of, what this agreement provides.

The AAA Rules are available at https://www.adr.org/Rules or by contacting the American Arbitration Association (“AAA”) at 1-800-778-7879. By agreeing to be bound by this agreement, you either: (a) acknowledge and agree that you have read and understand the rules of AAA; or (b) waive your opportunity to read the rules of AAA and any claim that the rules of AAA are unfair or should not apply for any reason.

The arbitrator’s decision must be in writing and will include the essential findings and conclusions upon which the award is based. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. In the event any litigation should arise between you and Snowpilot in any court in a proceeding to vacate or enforce an arbitration award, YOU AND SNOWPILOT HEREBY IRREVOCABLY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the proceeding be resolved by a judge. The arbitrator may award declaratory or injunctive relief only in favor of the plaintiff/claimant and only to the extent necessary to provide relief warranted by the plaintiff’s/claimant’s individual claim.

Regardless of who initiates arbitration for a Dispute, you will always remain responsible for your costs relating to counsel, experts, witnesses, and travel to the arbitration. We will not seek attorneys’ fees and costs in arbitration (unless the arbitrator determines the claims are frivolous).

All aspects of the arbitration proceeding, including but not limited to the decision and award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain its confidentiality, unless (and in such cases, only to the extent) otherwise required by applicable law. This paragraph shall not prevent a party from submitting to a court any information necessary to enforce an arbitration award or to seek equitable relief.

YOU ACKNOWLEDGE AND AGREE THAT, EVEN IF ANYTHING IN THE AAA RULES PERMITS OTHERWISE AND EVEN IF YOU OPT-OUT OF THIS AGREEMENT TO ARBITRATE:

1. YOU AND SNOWPILOT ARE HEREBY EACH IRREVOCABLY WAIVING THE RIGHT TO PARTICIPATE (FOR EXAMPLE, AS A CLASS REPRESENTATIVE OR CLASS MEMBER) IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER CLASS-WIDE OR REPRESENTATIVE ACTION OR PROCEEDING, AND THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY; AND
2. NO ARBITRATION WILL BE JOINED TO ANY OTHER ARBITRATION, AND THE ARBITRATOR MAY NOT CONSOLIDATE ANY INDIVIDUAL PARTY’S DISPUTE WITH ANY OTHER PARTY’S DISPUTE.

OPT-OUT: You can choose to reject this agreement to arbitrate (“Opt-out”) by emailing support@snowpilot.app within thirty (30) days after the date you agree to this agreement for the first time. The Opt-out email you send to us must state that you do not agree to this agreement to arbitrate and must include your name, address, phone number, and email address. Providing an Opt-out notice is the only way you can opt-out of this agreement to arbitrate. If you Opt-out of this agreement to arbitrate, all other provisions of the Agreement will continue to apply, and you will not be permitted to invoke this agreement to arbitrate to resolve any Dispute with Snowpilot.

To the extent any provision of this Schedule A is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, you and Snowpilot agree that the provisions of Section ‎25 regarding severability shall apply.