Terms & Conditions

Effective Date: September 10, 2026

Last updated: September 10, 2026

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A BINDING ARBITRATION AGREEMENT, A CLASS-ACTION WAIVER, A JURY-TRIAL WAIVER, A LIMITATION OF LIABILITY, AND A SHORTENED LIMITATIONS PERIOD, EACH OF WHICH AFFECTS YOUR LEGAL RIGHTS. SECTION 19 EXPLAINS HOW TO OPT OUT OF ARBITRATION WITHIN 30 DAYS.

OVERVIEW

This website and the UAVA mobile application are operated by UAVA Labs (“UAVA,” “we,” “us,” or “our”). UAVA offers this website, the App, and our hardware products, including the UAVA Bluetooth-enabled vaporizer battery and any successor or related device (each, a “Device”), together with all information, tools, features, content, and services available from them (collectively, the “Service”), conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site, downloading or using the App, purchasing or pairing a Device, creating an account, clicking “I Agree” or a similar acknowledgment, or otherwise using the Service, you agree to be bound by these terms and conditions (“Terms”), including the additional terms and policies referenced here and available by hyperlink, including our Privacy Policy. These Terms apply to all users of the Service.

If you do not agree to these Terms, you may not access the website, use the App, purchase or pair a Device, or use any Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms. Any new features or tools added to the Service are also subject to these Terms.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least 21 years of age and have the legal capacity to enter into a binding contract in your jurisdiction. We may verify your age and identity at any time and may suspend or terminate accounts we believe are held by ineligible persons.

You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction in your use of the Service. You must not transmit any worms, viruses, or code of a destructive nature. A breach of these Terms will result in immediate termination of your access to the Service.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time.

You understand that your content, not including credit card information, may be transferred unencrypted and may involve transmissions over various networks and changes to conform to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission. Headings are for convenience only.

By using a Device with the App, you acknowledge that the Device and App collect and transmit usage, technical, and diagnostic information to UAVA, as described in our Privacy Policy, and that UAVA produces and licenses datasets derived from that information. You may stop collection at any time using the data sharing setting in the App, and you may request deletion as described in our Privacy Policy.

SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on the website or in the App is not accurate, complete, or current. The material is provided for general information only and should not be relied upon as the sole basis for making decisions. Any reliance on it is at your own risk. The Service may contain historical information, which is provided for reference only. We may modify the contents of the Service at any time but have no obligation to update any information.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices are subject to change without notice. We may modify or discontinue the Service, or any part of it, without notice at any time. We are not liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 – PRODUCTS, SERVICES, AND DEVICES

Certain products or Services may be available exclusively online and may have limited quantities, subject to return or exchange only under our Return Policy. We have made every effort to display product colors and images accurately but cannot guarantee your display will be accurate.

We may limit sales of our products or Services to any person, geographic region, or jurisdiction, and may limit quantities, on a case-by-case basis. Descriptions and pricing are subject to change without notice and we may discontinue any product at any time. Any offer made on the Service is void where prohibited. We do not warrant that the quality of any product or Service will meet your expectations, except as required by applicable law.

Health, Safety, and Use Disclaimers

THE DEVICE IS A VAPORIZER ACCESSORY DESIGNED FOR USE BY ADULTS 21 AND OVER. IT IS NOT INTENDED FOR USE BY MINORS, PREGNANT OR NURSING WOMEN, PERSONS WITH HEART DISEASE, HIGH BLOOD PRESSURE, DIABETES, ASTHMA, OR ANY OTHER MEDICAL CONDITION FOR WHICH USE OF SUCH A PRODUCT IS CONTRAINDICATED, OR PERSONS TAKING MEDICATION FOR DEPRESSION, ASTHMA, OR OTHER CONDITIONS, WITHOUT FIRST CONSULTING A HEALTHCARE PROVIDER.

UAVA does not manufacture, sell, distribute, or otherwise provide any cannabis, cannabis derivative, nicotine, or other consumable substance. The Device is sold as standalone hardware. You are solely responsible for the lawful selection, acquisition, possession, transport, and use of any substance with which you use the Device, and for ensuring that such use complies with the laws of your jurisdiction. We make no representations as to the legality of cannabis, hemp, or other substances in your jurisdiction.

Battery and Hardware Safety

THE DEVICE CONTAINS A LITHIUM-ION BATTERY. LITHIUM-ION BATTERIES MAY OVERHEAT, CATCH FIRE, OR EXPLODE IF DAMAGED, MISUSED, IMPROPERLY CHARGED, EXPOSED TO HIGH TEMPERATURES OR LIQUID, USED WITH INCOMPATIBLE CHARGERS, OR USED IN A MANNER INCONSISTENT WITH THE DEVICE’S INSTRUCTIONS. YOU AGREE TO READ AND FOLLOW ALL INSTRUCTIONS, WARNINGS, AND SAFETY INFORMATION PROVIDED WITH THE DEVICE AND THROUGH THE APP. YOU ASSUME ALL RISKS ASSOCIATED WITH USE OF THE DEVICE.

Do not disassemble, modify, puncture, crush, or tamper with the Device. Do not expose it to extreme heat, fire, or liquid. Do not use it with any charger or accessory not provided or approved by UAVA. Discontinue use immediately if the Device shows signs of damage, swelling, leakage, overheating, or unusual odor. Dispose of the Device and battery in accordance with applicable law.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We may refuse any order and may limit or cancel quantities purchased per person, per household, or per order, including orders under the same account, credit card, or billing or shipping address. If we change or cancel an order we may attempt to notify you using the contact details provided at the time of the order. We may limit or prohibit orders that appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information and to update it promptly so that we can complete your transactions and contact you as needed. For more details, review our Return Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide access to third-party tools over which we neither monitor nor have control. We provide access to such tools “as is” and “as available” without warranties, representations, or conditions of any kind and without endorsement, and we have no liability arising from your use of them. Your use of optional tools is entirely at your own risk, and you should ensure you are familiar with and approve of the terms on which they are provided by the relevant third party.

SECTION 7A – DEVICE AND APP SERVICES

(a) License to the App

Subject to your compliance with these Terms, UAVA grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on a mobile device you own or control, solely for your personal, non-commercial use in connection with a Device. The App is licensed, not sold. UAVA and its licensors retain all right, title, and interest in the App.

(b) Information Collected from the Device and App

Your Device and the App collect and transmit usage, technical, diagnostic, and approximate location information to UAVA, as described in our Privacy Policy. This information is stored under randomly generated identifiers rather than under your name or account. Our Privacy Policy describes what is collected, how it is used, how it is protected, and the controls available to you, and it governs in the event of any inconsistency with this Section.

(c) Datasets and Ownership

You acknowledge and agree that UAVA produces datasets from information collected through the Service and licenses or otherwise discloses them to third parties, and that UAVA owns all right, title, and interest in the datasets it produces. Datasets licensed outside UAVA are de-identified or aggregated before disclosure, and recipients are bound by contract not to attempt to identify any individual. De-identified and aggregated data is not subject to access or deletion requests because it can no longer be associated with any individual. Information that has not been de-identified or aggregated remains personal information governed by our Privacy Policy.

(d) Research and Development Programs

UAVA may establish, conduct, expand, modify, or discontinue internal research and development programs, including device telemetry, performance, and longitudinal usage programs, using information collected through the Service. The scope, methodology, duration, and outputs of such programs are determined by us and may change over time.

(e) Your Controls

You may stop collection at any time using the data sharing setting in the App or by disconnecting your Device, and you may withdraw location permission at any time in your phone’s settings. You may request deletion of information collected from your Device as described in our Privacy Policy. Stopping collection may limit or disable features that depend on data synchronization.

(f) Firmware and Software Updates

Your Device may receive over-the-air firmware updates and the App may receive automatic software updates. Updates may modify, add, or remove functionality, including information collection parameters and supported features. By using the Device and App you consent to receiving and installing such updates. Where an update materially changes how personal information is collected, used, or disclosed, we will present the updated Privacy Policy in the App and request fresh acceptance as described in Section 28.

(g) No Warranty on the App or Connectivity

The App and Device connectivity are provided “as is.” We do not guarantee uninterrupted Bluetooth connectivity, and loss of connection may result in gaps in synchronization, missed notifications, or limited functionality. We are not responsible for data loss, missed notifications, missed updates, or other consequences arising from connectivity interruptions, device malfunctions, operating-system or carrier behavior, or other factors outside our reasonable control.

(h) Apple App Store Terms

If you obtained the App through the Apple App Store, you acknowledge that (i) these Terms are between you and UAVA only, and not with Apple Inc.; (ii) UAVA, not Apple, is solely responsible for the App and its content; (iii) Apple has no obligation to provide maintenance or support for the App; (iv) Apple is not responsible for any product warranties for the App; (v) Apple is not responsible for addressing any claims relating to the App; (vi) Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party intellectual-property infringement claim; (vii) you must comply with all applicable third-party agreements when using the App; and (viii) Apple and its subsidiaries are third-party beneficiaries of these Terms with respect to the App and may enforce them against you.

(i) Google Play Terms

If you obtained the App through Google Play, you acknowledge that these Terms are between you and UAVA only, and not with Google LLC, and that Google has no responsibility for the App or its content.

SECTION 8 – THIRD-PARTY LINKS

Content, products, and Services available via our Service may include materials from third parties, and third-party links may direct you to websites not affiliated with us. We are not responsible for examining or evaluating their content or accuracy and have no liability for any third-party materials, websites, products, or services. We are not liable for harm or damages related to any transaction with a third party. Review the third party’s policies before engaging in any transaction, and direct any complaints to them.

SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If you send us submissions, creative ideas, suggestions, proposals, plans, or other materials (collectively, “User Content”), you agree that we may at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use them in any medium. We are under no obligation to maintain User Content in confidence, to pay compensation for it, or to respond to it.

You retain ownership of your User Content. By submitting it you grant UAVA a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display it in any medium and through any channel, for any purpose including advertising and marketing, without compensation or attribution except as required by law.

We may, but have no obligation to, monitor, edit, or remove content we determine to be unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms.

You agree that your User Content will not violate any right of any third party, will not contain unlawful, abusive, or obscene material or any malware, and that you will not use a false email address or misrepresent the origin of any User Content. You are solely responsible for your User Content and its accuracy.

DMCA / Copyright Infringement Notices

If you believe your copyrighted work has been copied and posted on the Service in a way that constitutes infringement, provide our designated copyright agent with the following, as required by the Digital Millennium Copyright Act: an electronic or physical signature of the person authorized to act on behalf of the copyright owner; a description of the work claimed to be infringed; a description of the location on the Service of the material claimed to be infringing; your address, telephone number, and email address; a statement that you have a good-faith belief the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.

Designated Copyright Agent

UAVA Labs
Attn: Copyright Agent
7770 Regents Rd, Suite 113-540
San Diego, CA 92122
Email: help@uavalabs.com

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the Service is governed by our Privacy Policy, as is your use of a Device and the App. By using the Service, you consent to the practices described there.

SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS

Information on our Service may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We may correct any such errors and change or update information, or cancel orders, at any time without prior notice, including after you have submitted your order. We undertake no obligation to update or clarify information except as required by law.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions in these Terms, you may not use the Service or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any federal, state, provincial, international, or local law or regulation, including the Prevent All Cigarette Trafficking Act and other laws applicable to vaporizer hardware; (d) to infringe our intellectual property rights or those of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; (f) to submit false or misleading information, including in connection with age verification; (g) to upload or transmit viruses or other malicious code;

(h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or

scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent security features; (l) to develop or train any artificial intelligence or machine learning system except as expressly authorized by us; (m) to resell, redistribute, or commercially exploit the Service or Devices without our prior written consent; or (n) to circumvent age, identity, or jurisdictional verification. We may terminate your use of the Service for violating any prohibited use.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND DEVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. UAVA AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT RESULTS OBTAINED FROM IT WILL BE ACCURATE OR RELIABLE. WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OR CANCEL IT AT ANY TIME WITHOUT NOTICE TO YOU.

To the fullest extent permitted by applicable law, UAVA and our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, savings, data, use, goodwill, business opportunity, or other intangible losses, including replacement costs, arising out of or in connection with your use of or inability to use the Service or any products obtained through it, regardless of the legal theory and even if we have been advised of the possibility of such damages.

AGGREGATE CAP. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UAVA’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, OR THE DEVICES, REGARDLESS OF THE LEGAL THEORY, WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO UAVA FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM IN THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

Carve-Outs from Limitation. Nothing in these Terms limits liability for (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; (iii) gross negligence or willful misconduct; (iv) any other liability that cannot be limited or excluded under California Civil Code Section 1668 or other applicable mandatory law; or (v) your indemnification obligations. The aggregate cap does not apply to liability of the type in clauses (i) through (iv).

Statutory Carve-Outs. Nothing in these Terms waives, limits, or modifies any right or remedy you may have under (a) the California Consumers Legal Remedies Act, California Civil Code Sections 1750 et seq.; (b) the California Song-Beverly Consumer Warranty Act, California Civil Code Sections 1790 et seq.; (c) the federal Magnuson-Moss Warranty Act, 15 U.S.C. Sections 2301 et seq.; (d) any state consumer privacy or consumer health data statute providing a private right of action; or (e) any other statute prohibiting the waiver of consumer rights, in each case to the extent applicable and to the extent such waiver is prohibited by law. Any provision found to conflict with such mandatory protections is deemed modified to the minimum extent necessary to comply, and the remainder of these Terms remains in full force.

THE LIMITATIONS IN THIS SECTION ARE A FUNDAMENTAL ELEMENT OF THE BARGAIN BETWEEN YOU AND UAVA AND APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS; ACCORDINGLY, SOME OF THE ABOVE MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

SECTION 14 – INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless UAVA and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claims, demands, actions, liabilities, losses, damages, judgments, settlements, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to (a) your use or misuse of the Service or Devices; (b) your User Content; (c) your breach of these Terms or the documents incorporated by reference; (d) your violation of any law or the rights of any third party; or (e) any dispute between you and a third party. We may assume the exclusive defense and control of any such matter at our own expense, in which case you agree to cooperate with our defense.

SECTION 15 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, it will nonetheless be enforceable to the fullest extent permitted by applicable law, the unenforceable portion will be severed, and the remaining provisions remain valid and enforceable.

SECTION 16 – TERMINATION

Obligations and liabilities incurred before termination survive termination for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate by notifying us that you no longer wish to use the Service or by ceasing to use it.

If we judge that you have failed, or we suspect you have failed, to comply with any provision of these Terms, we may terminate this agreement at any time without notice, you will remain liable for amounts due through the date of termination, and we may deny you access to the Service. Provisions that by their nature should survive termination will survive, including intellectual property provisions, disclaimers, limitations of liability, indemnification, dispute resolution, and miscellaneous provisions. Termination does not by itself delete information already collected; to request deletion, follow the process in our Privacy Policy.

SECTION 17 – ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver. These Terms and any policies or operating rules we post constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements, communications, and proposals, whether oral or written, including any prior versions of these Terms. Ambiguities will not be construed against the drafting party.

SECTION 18 – FORCE MAJEURE

We are not liable for any failure or delay in performance arising from causes beyond our reasonable control, including acts of God; natural disasters; pandemic or public-health emergencies; war, terrorism, or civil unrest; riots, strikes, lockouts, or labor shortages; supply-chain disruptions; component, semiconductor, or battery shortages; tariff or trade-policy changes; governmental, legislative, regulatory, or judicial action, including changes to controlled-substance scheduling, vapor-product regulation, or import or export controls; banking or payment-processing disruptions; internet, telecommunications, or cloud-service failures; power outages; cyberattacks or ransomware; or similar events. If a force majeure event continues for more than 90 days, either party may terminate the affected Service or order on notice.

SECTION 19 – DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS-ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND UAVA TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE WAY YOU CAN SEEK RELIEF. IT ALSO INCLUDES A CLASS-ACTION WAIVER AND A JURY-TRIAL WAIVER.

19.1 Informal Resolution

Before initiating arbitration, you and UAVA agree to attempt to resolve any dispute informally for at least sixty days. To begin, send written notice describing the dispute to help@uavalabs.com with the subject line “Dispute Notice,” or by certified mail to UAVA Labs, Attn: Legal, 7770 Regents Rd, Suite 113-540, San Diego, CA 92122. The notice must include your name, address, the email address associated with your account if any, a description of the dispute, and the relief sought. This period is a precondition to filing arbitration, and applicable limitations periods and filing deadlines are tolled during it.

19.2 Agreement to Arbitrate

Except as provided below, you and UAVA agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, the Service, the Devices, or the relationship between you and UAVA (each, a “Dispute”) will be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, as modified by these Terms. The Federal Arbitration Act, 9 U.S.C. Sections 1 et seq., governs the interpretation and enforcement of this arbitration agreement. If the AAA is unwilling or unable to administer the arbitration in accordance with these Terms, it will instead be administered by JAMS under its applicable rules, as modified by these Terms.

19.3 Location and Procedure

Arbitration will take place in San Diego County, California, unless we agree otherwise or the applicable rules require it to take place in your county of residence. A single neutral arbitrator will conduct the arbitration, which may proceed in person, by document submission, by telephone, or by videoconference as the arbitrator determines. The arbitrator’s decision is final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

19.4 Class-Action and Representative-Action Waiver

YOU AND UAVA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON AND MAY NOT PRESIDE OVER ANY REPRESENTATIVE OR CLASS PROCEEDING. IF A COURT OR ARBITRATOR DECIDES THAT ANY PART OF THIS SECTION 19.4 IS UNENFORCEABLE AS TO A PARTICULAR CLAIM, THAT CLAIM, AND ONLY THAT CLAIM, WILL BE SEVERED FROM THE ARBITRATION AND MAY BE BROUGHT IN COURT, WHILE ALL OTHER CLAIMS PROCEED IN ARBITRATION.

19.5 Jury-Trial Waiver

YOU AND UAVA EACH WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE, TO THE FULLEST EXTENT PERMITTED BY LAW.

19.6 Small Claims, Injunctive Relief, and Public Injunctions

Either party may (a) bring an individual action in small-claims court for qualifying claims, so long as it remains in that court; (b) seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual-property rights or trade secrets; and (c) bring claims for public injunctive relief in court if and to the extent required by California law, including under McGill v. Citibank, N.A.

19.7 Mass-Arbitration Procedure

If 25 or more similar arbitration demands are filed against UAVA by or with the assistance of the same law firm or coordinated group within a 90-day period (a “Mass Filing”), the parties agree to a bellwether procedure. Up to 25 cases will proceed first, with each side selecting up to 12 and one selected at random by the administrator. All other demands are stayed and applicable limitations periods and filing deadlines tolled until those cases conclude. The parties will then participate in a single mediation of at least one full day including all stayed cases. Any cases not resolved proceed in arbitration in further batches of 25 selected the same way. Filing, administrative, and arbitrator fees for a Mass Filing are allocated and, where required by law, paid by UAVA in accordance with the applicable AAA or JAMS mass arbitration procedures. Where any law, including California Code of Civil Procedure Sections 1281.97 and 1281.98, requires payment of fees by a particular date, the parties will make commercially reasonable efforts to comply and may agree in writing to extend any such deadline.

19.8 Arbitration Fees

Each party is responsible for its own attorneys’ fees, except as required by law or awarded by the arbitrator. Filing, administration, and arbitrator fees are governed by the applicable AAA or JAMS rules. If applicable law requires UAVA to pay any portion of fees that would otherwise be yours, UAVA will do so.

19.9 30-Day Right to Opt Out

YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT BY SENDING WRITTEN NOTICE TO HELP@UAVALABS.COM WITH THE SUBJECT LINE “ARBITRATION OPT-OUT,” OR BY CERTIFIED MAIL TO UAVA LABS, ATTN: LEGAL, 7770 REGENTS RD, SUITE 113-540, SAN DIEGO, CA 92122, WITHIN THIRTY DAYS AFTER THE DATE YOU FIRST ACCEPT THESE TERMS. YOUR NOTICE MUST INCLUDE YOUR FULL NAME, THE EMAIL ADDRESS ASSOCIATED WITH YOUR ACCOUNT IF ANY, AND A CLEAR STATEMENT THAT YOU WISH TO OPT OUT. OPTING OUT WILL NOT AFFECT ANY OTHER PORTION OF THESE TERMS.

19.10 Severability of Arbitration Provisions

If any portion of this Section 19, other than the Class-Action Waiver in Section 19.4, is found unenforceable, that portion will be severed and the remainder continues in full force. If the Class-Action Waiver is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and adjudicated in court while any remaining claims proceed in arbitration.

19.11 Future Changes

If we make a future material change to this Section 19, you may reject it by written notice within thirty days of the change, in which case your account will be terminated and the version in effect immediately before the change will continue to govern.

SECTION 20 – SHORTENED LIMITATIONS PERIOD

To the fullest extent permitted by applicable law, any claim arising out of or relating to these Terms, the Service, or the Devices must be filed within one year after the cause of action accrues, and any claim not filed within that period is permanently barred. Nothing in this Section limits any claim that, under applicable law, cannot be subject to a contractually shortened limitations period.

SECTION 21 – GOVERNING LAW

These Terms and any separate agreements under which we provide Services are governed by the laws of the State of California, without regard to conflict-of-laws principles, except that the Federal Arbitration Act governs Section 19. Nothing in this Section deprives you of the protection of any mandatory consumer-protection or privacy law of the state in which you reside. The United Nations Convention on Contracts for the International Sale of Goods does not apply. To the extent any Dispute is not subject to arbitration, you and UAVA agree to the exclusive jurisdiction of the state and federal courts in San Diego County, California, and waive any objection to venue or convenience.

SECTION 22 – ELECTRONIC COMMUNICATIONS AND SIGNATURES

You consent to receive communications and disclosures from us electronically, including by email, in-App notification, push notification, text message, or through the website, and you agree that they satisfy any legal requirement that such communications be in writing. Any click-through, tap-through, checkbox, or other electronic acceptance constitutes your signature for all purposes under the federal Electronic Signatures in Global and National Commerce Act and applicable state law.

If you provide your mobile number and consent to receive text messages, you agree to receive recurring marketing and transactional messages from UAVA at that number. Consent is not a condition of any purchase. Message frequency varies. Message and data rates may apply. Reply STOP to opt out or HELP for assistance. Carriers are not liable for delayed or undelivered messages.

SECTION 23 – SHIPPING AND COMPLIANCE

Sales and shipments of Devices may be subject to federal, state, and local law, including the federal Prevent All Cigarette Trafficking Act, 15 U.S.C. Sections 375 et seq., and state laws applicable to vapor products and electronic nicotine or cannabis delivery hardware. By placing an order you represent and warrant that you are at least 21 years of age, that delivery is lawful in your jurisdiction, and that you will not divert, resell, or transfer the Device to any minor or to any person for any unlawful purpose. We may require adult-signature delivery, refuse shipment to any address or jurisdiction, and take any other action necessary to comply with applicable law.

SECTION 24 – INTELLECTUAL PROPERTY

The Service, including all software, content, designs, text, graphics, logos, trademarks, trade dress, and underlying technology, is owned by UAVA or its licensors and protected by intellectual-property laws. Except for the limited rights expressly granted in these Terms, no rights are granted to you and UAVA reserves all rights not expressly granted. “UAVA” and the UAVA logo are trademarks of UAVA Labs and may not be used without our prior written permission. Certain UAVA technology, including aspects of the Device and App, is protected by issued and pending U.S. and foreign patents. Use of the Service grants you no license under any UAVA patent, copyright, trademark, or other intellectual-property right except as expressly stated.

SECTION 25 – ASSIGNMENT

You may not assign or transfer these Terms or any rights or obligations under them, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms and any of our rights or obligations in our sole discretion, including in connection with a merger, acquisition, financing, reorganization, or sale of assets. Any attempted assignment in violation of this Section is void. Where applicable law requires notice of a transfer of your personal information in connection with such a transaction, we will provide it.

SECTION 26 – EXPORT COMPLIANCE

You agree to comply with all applicable export and re-export control laws and regulations, including those of the United States. You may not access or use the Service from any jurisdiction subject to a U.S. embargo or designated as a “terrorist supporting” country, and you may not use the Service if you are on any U.S. government list of restricted parties.

SECTION 27 – NO THIRD-PARTY BENEFICIARIES

Except as expressly provided in Section 7A(h) with respect to Apple, there are no third-party beneficiaries to these Terms.

SECTION 28 – CHANGES TO THESE TERMS

You can review the most current version of these Terms at any time on our website. We may update, change, or replace any part of these Terms by posting updates to our website, by sending email or in-App notice, or by requiring re-acceptance through the App. Your continued use of the Service following the posting of changes constitutes acceptance of those changes. If you do not agree to the updated Terms, you must stop using the Service.

We record each acceptance of these Terms and of the Privacy Policy together with the version of the text displayed at the time. Where we materially change how personal information is collected, used, or disclosed, we will present the updated documents in the App and request fresh acceptance before you continue using the Service. An acceptance recorded against an earlier version does not constitute acceptance of a later material change.

SECTION 29 – CONTACT

Questions about these Terms may be sent to help@uavalabs.com.

UAVA Labs
7770 Regents Rd, Suite 113-540
San Diego, CA 92122
help@uavalabs.com