Ad Hoc Labs Terms of Service

Last Updated: 01/09/2025

Effective Date:

  • For individuals new to Ad Hoc Labs on or after 01/09/2025: Immediately

  • All other individuals: 02/08/2025

IMPORTANT: BY USING THE SERVICE, YOU AGREE TO RESOLVE DISPUTES WITH AD HOC LABS, INC. THROUGH BINDING ARBITRATION (AND WITH VERY LIMITED EXCEPTIONS, NOT IN COURT), AND YOU WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTIONS, AS DETAILED IN SECTIONS 9 AND 10 BELOW.

Ad Hoc Labs, Inc. (“Ad Hoc Labs,” “we,” “us,” “our”) provides this application, including any new features and related services, (collectively, the “Service” or “Services”) to you subject to the following Terms of Service (as amended from time to time, the “Terms of Service”).  To access and enjoy the Service, you, your heirs, and assigns (collectively, “you”) must agree to the Terms of Service and acknowledge that you are entering into a legally binding contract with us. If you do not agree to the Terms of Service, you should not use the Service.  

Your use of the Services is also subject to the Privacy Policy located at  http://www.burnerapp.com/privacy-policy/, which is hereby incorporated by reference into these Terms of Service. In addition, when using certain related services and features provided by third parties in connection with the Service, you will also be subject to those third parties’ terms.

1. Changes to the Terms of Service

We reserve the right, in our sole discretion, to change or modify portions of these Terms of Service at any time without further notice. You should periodically visit the Terms of Service so you are aware of any revision to which you are bound. If we do this, we will post the changes to these Terms of Service and will indicate the date they were last revised by the posted Effective Date. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Service. It is your responsibility to regularly check the Terms of Service to determine if there have been changes to these Terms of Service and to review such changes. 

2. Access and Use of the Service

A. Service Description: The Services are designed to allow users to obtain temporary telephone numbers for voice, SMS, and MMS use, as well as to make and receive voice calls, SMS, and MMS messages via these numbers. Additionally, the Services also provide users with the ability to subscribe to and enable a virtual private network (“VPN”) for transitory digital network communications.

B. Phone Service Required: An underlying wireless phone service is required to use the Service. You are solely responsible for procuring, maintaining, and paying for the underlying phone service that will connect calls made with the Service to your phone.  Using the Service requires using your own voice minutes and data plan. Fees, service charges, per message and per-minute usage and other charges may be assessed by your underlying phone service provider for any calls received through the Service. Ad Hoc Labs is not responsible for your underlying phone service, for any calls made or messages sent across telecommunications networks which are not owned by Ad Hoc Labs, or for problems with your underlying phone service including but not limited to no service, poor reception, and dropped calls. When you use Burner to send messages, these messages will not be itemized on your wireless telephone invoice. Additionally, as explained in detail below, THE SERVICE CANNOT BE USED FOR 911 OR EMERGENCY CALLING.   YOU MUST USE YOUR UNDERLYING PHONE SERVICE FOR 911 OR EMERGENCY CALLING. 

C. Your Registration Obligations: You may be required to register with Ad Hoc Labs in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form, and to update your information as necessary to keep it accurate, current, and complete. Registration data and certain other information about you are also governed by our Privacy Policy. In addition, when using the Service, you must either be the owner of the voice and/or data plan for the applicable mobile device or have that person’s authorization and consent to use the Service on the mobile device.

D. Age Restrictions: If you are under 13 years of age, you are not authorized to use the Service, with or without registering. By using the Service, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) or that you have reviewed the Terms of Service with your parent or guardian and he or she assents to the Terms of Service on your behalf and takes full responsibility for your compliance with them.  You agree that you and/or your parent or guardian are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms of Service, and to abide and comply with these Terms of Service. 

E. Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Ad Hoc Labs using the contact information in Section 18 below of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session when accessing the Service. Ad Hoc Labs will not be liable for any loss or damage arising from your failure to comply with this Section.

F. Modifications to Service: Ad Hoc Labs reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Ad Hoc Labs will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

G. General Practices Regarding Use and Storage: You acknowledge that Ad Hoc Labs may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that a particular phone number or other content will be retained by the Service and the maximum storage space that will be allotted on Ad Hoc Labs’sservers on your behalf. You agree that Ad Hoc Labs has no responsibility or liability for the deletion or failure to store any data, conversations, texts or other content maintained or uploaded by the Service. You acknowledge that Ad Hoc Labs reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Ad Hoc Labs reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

H. Subscriptions: By signing up for one of our subscription-based services (“Subscriptions”)—including Burner Premium and providing Ad Hoc Labs with your payment account information, you hereby agree to these payment terms and conditions. If you choose to subscribe to one of our Subscriptions, you agree to sign up for an auto-renewing subscription requiring recurring payments and agree to pay the then current applicable Subscription fee listed in the agreement. You will be billed for the subscription either through your credit card or through your intermediary provider such as iTunes, Google Play, or a similar app store (the “App Store”). The fee will be billed on a monthly, weekly, or yearly basis from the date you first subscribe to the Subscription, and automatically on each renewal date thereafter, unless and until you cancel your Subscription. All fees and charges are nonrefundable, and there are no refunds or credits for partially used periods.

Credit Card Billing. Credit card payments are processed by Stripe, our third-party payment processor. In-app payments and processed by Apple or Google.

If your Subscription is based on credit card billing, we will automatically charge your credit card monthly, weekly, or yearly, based on your selection, for the cost of the Subscription and any applicable taxes. If any fee is not paid in a timely manner, or we are unable to process your transaction using the credit card information provided, we reserve the right to revoke access to your Subscription and any applicable Services. If you do not bring your Subscription balance current within thirty (30) days after we provide you with notification that your account is in arrears, we reserve the right to suspend or terminate your access to your Subscription or convert your Burner Premium subscription to a non-subscription account, if available. You will be responsible for paying all past due amounts. If your payment details change, your card provider may provide us with updated card details. We may use these new details in order to help prevent any interruption to the service. If you would prefer to opt out from this service, please contact us at support@burnerapp.com.

Intermediary Provider Billing. If your subscription is based on intermediary provider billing, your provider will automatically charge your App Store account monthly for the cost of the Subscription and any applicable taxes. If you are not current with your Subscription payments, we reserve the right to suspend your access to your Subscription or convert your Burner Premium subscription to a non-subscription account, if available. You will be responsible for paying all past due amounts.

Cancellation. Your Subscription will continue unless and until you cancel your Subscription or we terminate it. You may cancel your Subscription any time before each monthly, weekly, or yearly renewal date in order to avoid billing of the next period’s Subscription fee to your chosen payment method. If you purchase a subscription through our website, you may cancel your subscription by logging into https://app.burnerapp.com. If you have purchased a subscription from an App Store (e.g. Google Play Store or Apple App Store), follow the cancelation procedure for that platform. If you choose to cancel your Subscription, you may use the Subscription until the end of the current period but will not be issued a refund for the most recently (or any previously) charged monthly fees.

Burner reserves the right to discontinue or modify any subscription fee payment option. We may change the pricing for the Service by updating the website or platform app store and providing notice in accordance with applicable requirements, provided that any changes will not take effect until your subscription renews. Also, if you are signing up under any promotional subscription fee, some additional restrictions may apply. These restrictions, if any, will be provided to you before you sign up for the applicable Subscription that is subject to the promotion.

I. 911 Calling Not Available: THE SERVICE CANNOT BE USED FOR 911 OR EMERGENCY CALLING. You must make alternative arrangements to place 911 calls using your landline, mobile or cell phone and cannot rely on the Service for 911 calling capability.

AD HOC LABS DOES NOT OFFER 911 OR EMERGENCY CALLING FOR THE SERVICE. DO NOT USE THE SERVICE TO CALL 911 OR OTHER EMERGENCY SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS NOT A SUBSTITUTE FOR A TRADITIONAL TELEPHONE AND THAT YOU WILL AT ALL TIMES HAVE AVAILABLE A MOBILE OR TRADITIONAL LANDLINE PHONE THAT CAN BE USED TO MAKE OUTBOUND CALLS, INCLUDING CALLING 911 OR ANY OTHER APPLICABLE EMERGENCY SERVICES.

You agree that Ad Hoc Labs, its directors, officers, employees, subsidiaries and assigns may not be held liable for any claim, damage, or loss (including, without limitation, any attorneys’ fees) by, or on behalf of, you or any third-party user arising from any attempt to dial 911 or make an emergency call using the Service. You hereby waive all claims and causes of action against Ad Hoc Labs, its directors, officers, employees, subsidiaries and assigns, arising from or relating to any attempt to dial 911 or make an emergency call using Ad Hoc Labs Services.

3. Conditions of Use 

A. User Conduct: You are solely responsible for all communications of whatever type you hold or any content of any kind that you transmit via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Ad Hoc Labs (“Prohibited Uses”). This list provides examples of Prohibited Uses and is provided by way of example and shall not be considered exhaustive.  Ad Hoc Labs reserves the right to investigate and take appropriate legal action against anyone who, in Ad Hoc Labs’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to law enforcement authorities. You agree to not use the Service or any other services that are made available through the Service to:

  •  transmit any content that (i) publicly infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to hold or transmit under law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Ad Hoc Labs, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Ad Hoc Labs or its users to any harm or liability of any type;

  • interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

  • violate any applicable local, state, national or international law, or any regulations having the force of law;

  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

  • solicit personal information from anyone under the age of 18;

  • harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

  • create a false Caller ID identity (“ID spoofing”) header, or otherwise attempt to mislead others as to the identity of the sender or the origin of any communication made using the Services;

  • use the Service to violate any third party rights or any third party’s terms and conditions of service;

  • use the Service for call centers, conference calling, trunking (to a PBX or otherwise) or other high volume or multi-person calling purposes;

  • further or promote any criminal activity or enterprise or provide instructional information about illegal activities;  or

  • attempt to do any of the foregoing.

You further understand and agree that:

  • ·You shall be solely liable for any calls and/or content sent or received through the Service (including but not limited to misdirected calls, wrong number calls) and that Ad Hoc Labs has no control over calls received or the content of any transmission.

  • ·You are solely responsible for all acts or omissions that occur under your account or password, including the content of your calls or that you transmit through the Service.

B. Notification of Prohibited Use: You shall notify us immediately upon becoming aware of the commission by any person of any Prohibited Uses of the Service by using the contact information listed in Section 18 below and shall provide us with reasonable assistance in any investigations we conduct in light of the information you provide.

C. Monitoring use of Service: You acknowledge that we have no obligation to monitor your access to or use of the Service, or to review or edit any content, but we have the right to do so: (a) for the purpose of operating and improving the Service (including without limitation for fraud prevention, risk assessment, enforcing our Reasonable Use Policy below, investigation and customer support purposes): (b) to ensure your compliance with the Terms of Service; (c) to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body; (d) to respond to content that we determine is otherwise objectionable or as set forth in the Terms of Service. We reserve the right, at any time and without prior notice, to remove or disable access to any content that we, in our sole discretion, consider to be objectionable for any reason, in violation of the Terms of Service or otherwise harmful to the Service.  In order to protect the integrity of the Service, we also reserve the right at any time in our sole discretion to block users using any technologically available measures available in our sole discretion from accessing and using the Service.

D. Disclosure to Law Enforcement: You acknowledge and agree that Ad Hoc Labs may preserve content and may also disclose conversations, texts or other content (including but not limited to call logs and phone number records) if required to do so by law or in the good faith belief that such preservation or disclosure is necessary to comply with legal process, applicable laws or government requests, provided, however that Ad Hoc Labs will make an effort to notify affected users of any such disclosure unless prohibited from doing so by applicable law or valid legal process as determined in our sole good faith. Furthermore Ad Hoc Labs may preserve content to: (a) enforce these Terms of Service; (b) respond to claims that content violates the rights of third parties; or (c) protect the rights, property, or personal safety of Ad Hoc Labs, its users and the public. You understand that the technical processing and transmission of the Service, including your conversations, texts, or other content, may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

E. Lawful Use: You represent and warrant that your use of the Service is lawful, does not violate any local, municipal, state, international or other laws and does not violate the rights of any third party. You further represent and warrant that you will only install and use the Service to record, monitor and publish communications where such recording and monitoring is authorized by law, except that the recording of voicemail messages is permissible.

F. Fees: You acknowledge that Ad Hoc Labs reserves the right to charge for any portion of the Service and to change its fees (if any) from time to time in its discretion. You agree to pay all fees when due in accordance with the terms set forth in the Service or on the Ad Hoc Labs website. You are responsible for paying all charges related to your account, including but not limited to, toll-free, local, long distance, data, roaming and directory assistance charges for your underlying phone service, and for all taxes and surcharges imposed on you or us as a result of your use of the Service.

G. Reasonable Use Policy: Unusually high usage of the Service attributable to individual accounts may impair Ad Hoc Labs’s ability to provide the Service to other customers and/or indicate misuse of the Service. Accordingly, reasonable use means that your use of the Service (i) does not materially impair Ad Hoc Labs’s ability to provide the Service to other users and (ii) is not used for any Prohibited Uses set forth in this Terms of Service. . Except where prohibited by law, if you violate the Reasonable Use Policy, you hereby acknowledge and agree that Ad Hoc Labs may modify, suspend, terminate, disconnect or take any other action regarding your Service to prevent continued violation of this Reasonable Use Policy.

H. Number Ownership: You understand and agree that the Service issues temporary phone numbers for limited time use. As such, you understand and agree that you are not the owner of any toll-free, local telephone number or any other number assigned to you by the Service, and further, you understand and agree that you may not port any such assigned number from the Service to another service provider. Certain telephone numbers may not be available for assignment but get issued to you in error. All assigned numbers are provided “as is” and Ad Hoc Labs makes no warranty, representation or guarantee that any assigned number will be usable or “clean” when assigned or anytime thereafter, and you understand and agree that Ad Hoc Labs may from time to time at its sole discretion change the telephone number assigned to you. Ad Hoc Labs will not be liable for any damages (including without limitation consequential or special damages) arising out of any such reassignment or change of a telephone number.

I. Number Availability: Ad Hoc Labs cannot guarantee that any specifically requested telephone numbers or area codes will be available or remain available. Ad Hoc Labs will not be liable for reimbursement for any expenses or any other damages you incur related to the assignment of a specific telephone number, including but not limited to business cards, stationery, event bookings, press releases or any other post or advertisement under any conditions, or for any other alleged damages, including without limitation consequential or special damages arising from any alleged failure to provide you with a specific telephone number or if your assigned number becomes unavailable or must be reassigned for any reason at any time. 

J. Storage: Except where required by law, Ad Hoc Labs is not obligated to store your voicemails, sent/received calls, text messages, pictures, and/or other information maintained or transmitted by the Services. You agree that Ad Hoc Labs has no responsibility or liability whatsoever for the deletion or failure to store any voicemail and/or other information maintained or transmitted by the Service.

K. Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content. You represent and warrant that you are not (a) located in or a national or resident of any country that is subject to U.S. trade sanctions, or (b) a person or entity on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or acting on behalf of any person or entity on such list.

L. Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use. 

 4. Intellectual Property Rights

 A. Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content (“Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Ad Hoc Labs, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally transmit via the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of Ad Hoc Labs, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Ad Hoc Labs.

The Ad Hoc Labs and Burner name and logos are trademarks and service marks of Ad Hoc Labs (collectively the “Ad Hoc Labs Trademarks”). Other Ad Hoc Labs, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Ad Hoc Labs. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Ad Hoc Labs Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Ad Hoc Labs Trademarks will inure to our exclusive benefit.

B. Third Party Material: Under no circumstances will Ad Hoc Labs be liable in any way for any content transmitted by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any recordings or content, or for any loss or damage of any kind incurred as a result of the use of any conversations or content held or transmitted via the Service. You acknowledge that Ad Hoc Labs does not pre-screen any numbers, conversations, texts or content, but that Ad Hoc Labs and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any recordings or content that are available via the Service. Without limiting the foregoing, Ad Hoc Labs and its designees will have the right to remove any numbers or content that violate these Terms of Service or are deemed by Ad Hoc Labs, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any conversations, texts or other content, including any reliance on the accuracy, completeness, or usefulness of such conversations, texts or content.

Using Third-Party Apps and Services. Our Services may allow you to access or acquire products, services, websites, links, content, material, games or applications from third parties (companies or people who aren’t Ad Hoc Labs) ("Third-Party Apps and Services"). Many of our Services also help you find Third-Party Apps and Services, and you understand that you are directing our Services to provide Third-Party Apps and Services to you. The Third-Party Apps and Services may also allow you to store Your Content or Data with the publisher, provider, or operator of the Third-Party Apps and Services. The Third-Party Apps and Services may present you with a privacy policy or require you to accept additional terms of use before you can install or use the Third-Party App or Service. You should review any additional terms and privacy policies before acquiring or using any Third-Party Apps and Services. Any additional terms do not modify any of these Terms. You are responsible for your dealings with third parties. Ad Hoc Labs does not license any intellectual property to you as part of any Third-Party Apps and Services and is not responsible for information provided by third parties.

C. User Content Transmitted Through the Service: You are solely responsible for the content, conversations and other materials you hold or transmit through the Service or otherwise share with other users or recipients (collectively, “User Content”). You will not record, upload or transmit any content that you did not create or that you do not own all right, title and interest in and to, or that you do not have permission to record, upload or otherwise share including, without limitation, all copyright and rights of publicity contained therein. By using the Service or holding any conversation via the Service or otherwise providing, transmitting or recording any User Content you hereby grant and will grant Ad Hoc Labs and its Affiliates a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content, such rights to be used solely in connection with and for the purposes of operating the Service. The above shall not limit your right to use the service to leave or allow others to leave voicemail messages.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Ad Hoc Labs are non-confidential and Ad Hoc Labs will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

D. Copyright Complaints: Materials may be made available via the Service by third parties not within our control. We are under no obligation to, and do not, review content transmitted, sent or received using the Service for purposes of determining copyright infringement. However, Ad Hoc Labs reserves the right to terminate access to its Services if a user infringes on others’ copyrights, and will, in appropriate circumstances, terminate access to the Services if Ad Hoc Labs determines in its sole discretion that a user is a repeat infringer.  To notify us of a copyright claim, please see Section 12 below.

5. Third Party Websites

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Ad Hoc Labs has no control over such sites and resources and Ad Hoc Labs is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Ad Hoc Labs will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Ad Hoc Labs is not liable for any loss or claim that you may have against any such third party.

In addition, Ad Hoc Labs is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with social networking services. As such, Ad Hoc Labs is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such social networking services. Ad Hoc Labs enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

6. Indemnity and Release

You agree to release, indemnify, defend and hold Ad Hoc Labs and its affiliates and licensors, and each of our and their business partners, officers, employees, directors, representatives and agents harmless from and against any and all losses, liabilities, judgments, penalties, fines, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service or User Content, your connection to the Service, your violation of these Terms of Service, your violation of any law, or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

7. Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AD HOC LABS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

AD HOC LABS MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY CALLS, TEXTS, CONVERSATIONS PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

8. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT AD HOC LABS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AD HOC LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONVERSATIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL AD HOC LABS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID AD HOC LABS IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

9. Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY.  IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT

As detailed herein, the Terms of Service mandate that any dispute, claim or controversy (whether in contract, tort, or otherwise) between you and Ad Hoc Labs that arises out of or relates to the Services or these Terms of Service, including but not limited to any claim that all or any part of these Terms of Service are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment, non-payment, or the timing of any administrative or arbitrator fees (collectively, "Disputes") be resolved first through an informal dispute resolution process.  In the event informal resolution fails, the Terms of Service further mandate that all Disputes be formally resolved through binding arbitration. Binding arbitration means that an arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve such disputes. Consequently, you should read the entirety of Section 9 carefully as it may significantly affect your legal rights.

A. Federal Arbitration Act.  The parties agree that this Terms of Service affects interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

B. Initial Dispute Resolution: The parties shall use their best efforts to settle any Dispute through the informal dispute process set forth below.  Good faith negotiations through this process shall be a condition to either party initiating a lawsuit or arbitration. Failure to engage in this process could result in the award of fees against you in arbitration.

To initiate informal dispute resolution, the initiating party must first send a written description of the Dispute to the other party.  For any Dispute against Ad Hoc Labs that you initiate, you agree to send to our Customer Service Department, at support@burnerapp.com: (a) a written description of the dispute and (b) the email address(es) associated with your account.  Our Customer Service Department is able to resolve most concerns quickly to our customer’s satisfaction.  The written description must be on an individual basis and provide, at minimum, the following information: your name; a description of the nature or basis of the claim or dispute; and the specific relief sought.  For any dispute that Ad Hoc Labs initiates, we will send our written description of the dispute to the email address associated with your use of the Services.

If the parties’ Dispute is not resolved within sixty (60) days after receipt of the written description of the dispute by a party, you and Ad Hoc Labs agree to resolve any remaining dispute through the additional dispute resolution provisions set forth below.

Notwithstanding the foregoing 60-day notice requirement, you and Ad Hoc Labs agree that if the dispute involves either party’s intellectual property rights (as described in Subsection C below) or defamation, this informal dispute resolution shall not apply and either party may immediately pursue relief in the manner set forth below.

C. Binding Arbitration: If the parties do not reach an agreed upon solution within a period of sixty (60) days from the time informal dispute resolution under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below and the National Arbitration and Mediation (“NAM”) rules.  Except as set forth below, you and Ad Hoc Labs agree that any Dispute will be settled by binding arbitration in accordance with this Section 9 (collectively, the “Arbitration Agreement”).

This Arbitration Agreement supersedes any prior Arbitration Agreement entered by You and Ad Hoc Labs and its provisions are applicable to any unfiled claims that arose, were asserted, or involve facts occurring before or after the existence of this Arbitration Agreement or any prior agreement, as well as to claims that may arise after the termination of these Terms of Service, subject to the opt-out and changes provisions set forth in Subsections K and L.

Except as set forth in Subsection D below, if any provision of this Arbitration Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions thereof remain in full force and effect.

The parties understand that an arbitrator and not a judge or jury will decide the Dispute, and that rights to discovery and appeals may be limited in arbitration.  The parties further understand that the costs of arbitration could exceed the costs of litigation in some instances.

You hereby acknowledge and agree that by agreeing to these Terms of Service, which include this Arbitration Agreement, you and Ad Hoc Labs are each waiving the right to a trial by a jury to the maximum extent permitted by law.

 Notwithstanding the parties’ decision to resolve all Disputes through arbitration, Tthe parties, agree that each party retains the right to (i) elect to have any claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction, regardless of what forum the filing party initially chose; (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to bring an action for defamation or to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and (iii) seek injunctive or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court.  Seeking such relief shall not waive a party’s right to arbitration under this Arbitration Agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.

D. Class Action Wavier.  YOU AND AD HOC LABS ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS SET OUT OTHERWISE IN THIS SUBSECTION D AND SUBSECTION H BELOW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER REPRESENTATIVE ACTION AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM; NOTWITHSTANDING THIS ACKNOWLEDGEMENT AND AGREEMENT, ANY ARBITRATION INVOLVING YOU MAY PROCEED ON A CONSOLIDATED BASIS IF AND ONLY IF AD HOC LABS PROVIDES ITS CONSENT TO CONSOLIDATE IN WRITING.

This provision does not prevent you or Ad Hoc Labs from participating in a class-wide settlement of claims.

With the exception of this Subsection D and Subsection H below, if any part of Arbitration Agreement is deemed to be void, unenforceable, or illegal, or otherwise conflicts with the rules of NAM then the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, this Subsection D and Subsection H is found to be invalid, unenforceable, or illegal as applied to your claims, then the entirety of this Arbitration Agreement will be deemed null and void, and neither you nor Ad Hoc Labs shall be required to arbitrate their dispute. Except as provided in this Subsection D, this "Dispute Resolution" section will survive any termination of these Terms of Service.

E. Arbitration Rules. The arbitration will be administered by NAM in accordance with the rules of NAM, including, as applicable, NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer and the Mass Filing Supplemental Dispute Resolution Rules and Procedures then in effect at the time any demand for arbitration is filed with NAM, except as modified by this "Dispute Resolution" section and excluding any rules or procedures governing or permitting class or representative actions. (The applicable NAM rules and procedures are available at www.namadr.com or by emailing National Arbitration and Mediation’s Commercial Dept at commercial@namadr.com.). If NAM is not available to arbitrate, the parties will select an alternative arbitration provider.

F. Arbitration Procedure. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all Disputes. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator has the right to impose sanctions in accordance with the NAM rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party’s failure to comply with the Informal Dispute Resolution Procedure contemplated by this Arbitration Agreement.

Subject to the applicable NAM rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute.

The arbitrator will render an award within the time frame specified in the NAM rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award.  Judgment on the arbitration award may be entered in any court having jurisdiction thereof.  The arbitrator's award of damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable.  No individual arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.  Attorneys’ fees will be available to the prevailing party in the arbitration if authorized under applicable substantive law governing the claims in the arbitration.

Unless otherwise prohibited by law, all arbitration proceedings will be confidential and closed to the public and any parties other than you and Ad Hoc Labs (and each of the parties’ authorized representatives and agents), and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award.

G. Location.  If the amount in controversy between the parties does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Ad Hoc Labs submit to the arbitrator, unless (i) both parties agree otherwise or (ii) the arbitrator determines that a hearing is necessary. .  If the amount in controversy between the parties exceeds $10,000, either party may request an arbitration hearing, and that hearing shall presumptively be held via video- or telephone conference unless (i) the arbitrator determines there is good cause to hold an in-person hearing or (ii) the parties agree otherwise.  In the event there is an in-person hearing, the location of the hearing will be determined by mutual agreement of the parties or, if the parties cannot agree, by the arbitrator in accordance with NAM rules.

Yyou and Ad Hoc Labs agree to submit to the personal jurisdiction of any federal or state court in Los Angeles County in the State of California, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

H. Batch Arbitration.  To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM (“Mass Filing”), the parties agree to administer the Mass Filing in sequential batches of approximately 100 demands per batch (as adjusted to accommodate any arbitrator strikes as described below). To the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands. The parties further agree: (i) to designate one arbitrator for each batch; (ii) to accept one set of filing and administrative fees due per side per batch and any related fee reduction determined by NAM in its discretion; (iii) that 10% of the anticipated total number of batches for the Mass Filing may proceed simultaneously as set forth in this batching provision and Arbitration Agreement, but that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior set of batches are filed, processed, and adjudicated (for example: if 2000 demands were presented as part of a Mass Filing, there would be 20 anticipated batches, 10% of which – i.e., 2 batches – may proceed simultaneously); (iv) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by Ad Hoc Labs and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; (v) that the staged process of batched proceedings, with each batch including 100 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved, and (vi) to make good faith efforts to resolve each batch of claims properly designated for filing, processing, and adjudication within 180 days, failing which any of the claimants whose demands have not yet begun arbitration or Ad Hoc Labs may cease arbitration and file in a court of competent jurisdiction.

Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection, and notwithstanding Subsection G above, the arbitrator will determine whether the proceedings will occur remotely via video- or telephone- conference or the location where any in-person proceedings will be conducted. Each claimant may strike the arbitrator selected by their counsel and Ad Hoc Labs for the batch and where such strike is exercised, the objecting claimant’s demand will be included in any simultaneously proceeding batch, or the next following batch.

You agree to cooperate in good faith with Ad Hoc Labs and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by NAM.  The Procedural Arbitrator’s fees shall be paid by Ad Hoc Labs. 

 This “Batch Arbitration” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind.  Unless Ad Hoc Labs otherwise consents in writing, we do not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this Subsection H and Subsection D.

If your demand for arbitration is included in the Mass Filing, your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled.

I. Mediation Following First Batch in a Mass Filing.  The results of the first completely adjudicated batch of demands will be given to a NAM mediator selected from a group of 5 mediators proposed by NAM, with Ad Hoc Labs and the remaining claimants’ counsel being able to strike one mediator each and then rank the remaining mediators and the highest collectively ranked mediator being selected. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. After the results of the first batch are provided to the mediator, Ad Hoc Labs, the remaining claimants and their counsel, and the mediator will have 90 days (the “Mediation Period”) to agree on a resolution or substantive methodology for resolving the outstanding demands. If the parties are unable to resolve the outstanding demands during the Mediation Period, and cannot agree on a methodology for resolving them through further arbitrations, either Tad Hoc Labs or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in a court of competent jurisdiction. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither Ad Hoc Labs nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process in Subsection H. Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.

J. Fees.  Except as otherwise required by applicable law, your responsibility to pay any arbitration fees will be solely as set forth in the NAM rules, including with respect to any fee waivers. However, if the arbitrator finds that either the substance of your claim or the relief sought was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), you understand and agree that consistent with NAM’s rules permitting sanctions, and as set forth in this Arbitration Agreement, you may be required to reimburse Ad Hoc Labs for arbitration fees (including attorneys’ fees) Ad Hoc Labs incurred to defend your claim(s). You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.

The parties further agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM’s rules where it deems appropriate (including as specified in Subsection H), provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Section 9 while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.

K. Opt-Out. You have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following postal address: 2658 Griffith Park Blvd, #134, Los Angles 90039. The notice must be sent within thirty days of being subject to this Arbitration Agreement.  You become subject to this Arbitration Agreement at the same time you become subject to the rest of these Terms of Service.  Otherwise, you shall be bound to arbitrate any disputes, claims, or controversies in accordance with the terms of these paragraphs.  If you opt out of these arbitration provisions, Ad Hoc Labs also will not be bound by them.  If you opt out of the Arbitration Agreement, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed.  If you do not affirmatively elect to opt out as described above, you shall be bound to arbitrate disputes in accordance with this Arbitration Agreement.. I..

Ad Hoc Labs will continue to honor any valid opt outs if you opted out of arbitration in a prior version of the Terms of Service pursuant to the requirements set forth in that version.

L. Changes to this Section.  Ad Hoc Labs will provide 30 days’ notice of any material changes to this section.  Changes will become effective on the 30th day, and will apply prospectively only to any claims arising after the 30th day. 

11. Termination

You agree that Ad Hoc Labs, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and permanently remove access to the Service or any assigned numbers, for any reason, including, without limitation, for lack of use or if Ad Hoc Labs believes that you have violated or acted inconsistently with the letter and/or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Ad Hoc Labs may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Ad Hoc Labs may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Ad Hoc Labs will not be liable to you or any third-party for any termination of your access to the Service.  In order to protect the integrity of the Services, Ad Hoc Labs also reserves the right at any time in its sole discretion to block users from accessing and using the Service. 

12. International Transfer of Information

 The Service may be offered outside the United States. If so, the information we collect from you may be transferred to the United States where it will be processed and stored by us, our agents or contractors. Our privacy practices are guided by data privacy laws in the United States. The data protection laws of the United States or other countries may not be as comprehensive or equivalent to those in your country of residence. By using the Service, you consent to the collection, international transfer, storage, and processing of your information as set forth herein and in our Privacy Policy.

13. Digital Millennium Copyright Act Notices

Ad Hoc Labs respects the intellectual property rights of others and require those that use the Service do the same. We may, in appropriate circumstances and at our discretion, remove or disable access to material on the Service that infringes upon the copyright rights of others. We also may, at our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to our websites or users of our Service repeatedly infringe on others' copyrights, we may in our sole discretion terminate those individuals' rights to use the Service.

If you believe that your work has been used on the Service in any manner that constitutes copyright infringement, please notify Ad Hoc Lab’s copyright agent by written notice. The notice should include the following information:

·       An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;

·       A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;

·       Identification of the location on the Services of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed;

·       Your name, address, telephone number and email address;

·       A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and

·       A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner's behalf.

In order to make claims of copyright infringement through the use of the Services, please send your notice as follows: 

By mail: 2658 Griffith Park Blvd # 134, Los Angeles, CA 90039
By email: legal@adhoclabs.co   
By facsimile: 323-372-3594

 

14. User Disputes

You agree that you are solely responsible for your interactions and conversations with any other user in connection with the Service and Ad Hoc Labs will have no liability or responsibility with respect thereto. Ad Hoc Labs reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

 

15. General

These Terms of Service constitute the entire agreement between you and Ad Hoc Labs and govern your use of the Service, superseding any prior agreements between you and Ad Hoc Labs with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above in Section 9, you and Ad Hoc Labs agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Los Angeles County, California. The failure of Ad Hoc Labs to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail.

 

16. Terms Specific to Apple, Inc.

The Service is intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), and as such, the following terms and conditions apply:

Ad Hoc Labs and you acknowledge that these Terms of Service are concluded between Ad Hoc Labs and you only, and not with Apple, and that as between Ad Hoc Labs and Apple, Ad Hoc Labs, not Apple, is solely responsible for the Service and the content thereof.

  • You may not use the Service in any manner that is in violation of or inconsistent with the Usage Rules set forth for Service in, or otherwise be in conflict with, the App Store Terms of Service.

  • Your license to use the Service is limited to a non-transferable license to use the Service on an iPhone or other iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.

  • Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Service.

  • Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Service to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Ad Hoc Labs’s sole responsibility, to the extent it cannot be disclaimed under applicable law.

  • Ad Hoc Labs and you acknowledge that Ad Hoc Labs, not Apple, is responsible for addressing any claims of you or any third party relating to the Service or your possession and/or use of that Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

  • In the event of any third party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights, as between Ad Hoc Labs and Apple, Ad Hoc Labs, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

  • You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

  • Any questions, complaints or claims with respect to the Service should be directed to Ad Hoc Labs as follows:

Ad Hoc Labs, Inc.
Attn: Burner TOS manager
2658 Griffith Park Blvd, #134
Los Angeles, CA 90039

Ad Hoc Labs and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Service, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Service as a third party beneficiary thereof.

17. Your Privacy
At Ad Hoc Labs, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

18. Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific 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 (916) 445-1254 or (800) 952-5210.

19. Questions? Concerns? Suggestions? 
Please contact us at legal@adhoclabs.co to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.