Zenibee Second Child Promise — Founder Family Edition

1. Overview

Zenibee Second Child Promise — Founder Family Edition is a limited promotional program made available by Zenibee exclusively to eligible customers who purchase the applicable Zenibee Founder Family Package during the designated pre-sale period through Zenibee or another sales channel expressly authorized by Zenibee.

The Program is intended to support future family growth by providing, subject at all times to these Terms & Conditions (the "Terms"), a limited future product redemption benefit for one eligible next child welcomed into the Eligible Household after the required timing conditions are satisfied.

The Program applies only to the original qualifying Zenibee purchase associated with the eligible Founder Family Package (the "Original Product") and only to the original eligible purchaser who satisfies all Program requirements.

For the avoidance of doubt, the Program is:

• not insurance;
• not a service contract;
• not a warranty extension;
• not a guarantee of future product availability;
• not a guarantee of identical future product specifications;
• not a cash-back program;
• not a store-credit program; and
• not a contractual entitlement beyond the scope expressly stated in these Terms.

Any benefit under the Program is subject to eligibility, registration, timing, verification, redemption limits, product availability, anti-fraud review, shipping limitations, legal compliance, and all other conditions stated in these Terms.

2. Relationship to the Zenibee Limited Warranty, Zenibee Care, and Other Terms

2.1 Separate Promotional Benefit

The Program is separate from, and does not replace, the Zenibee Limited Warranty, Zenibee Care, any purchase terms, any pre-sale terms, or any other Zenibee policy, promotion, or consumer terms.

2.2 Not a Warranty Extension

Nothing in the Program extends the duration, remedies, scope, or legal effect of the Zenibee Limited Warranty. Warranty matters remain governed exclusively by the applicable Zenibee Limited Warranty.

2.3 Not Zenibee Care

The Program is also separate from Zenibee Care. Zenibee Care governs its own limited accidental-damage and crash-replacement benefits, subject to its own terms. The Program does not duplicate, expand, amend, waive, or override Zenibee Care.

2.4 No Duplication of Benefits

A customer may not combine, stack, duplicate, or multiply Program benefits beyond what is expressly permitted under these Terms. The Program provides a single limited future redemption benefit only, and not repeated, rolling, or open-ended redemption rights.

2.5 Other Terms May Still Apply

The customer's purchase may also remain subject to applicable purchase terms, pre-sale terms, website terms, privacy policy, product instructions, warnings, and related Zenibee policies. Where a conflict exists, these Terms govern only the specific scope of the Program.

3. Eligibility

The Program is available only to customers who satisfy all Program requirements.

3.1 Eligible Purchasers

The Program is available only to:

• the original retail purchaser of the applicable Founder Family Package;
• who purchased during the designated pre-sale period;
• through Zenibee or another sales channel expressly authorized by Zenibee; and
• whose qualifying purchase was delivered and remains in good standing under these Terms.

3.2 Original Purchaser / Original Account Requirement

The Program is valid only for the original purchaser and the original purchasing account associated with the qualifying purchase.

3.3 Product-Specific Program Linkage

The Program is tied to the Original Product associated with the qualifying purchase, identified by its serial number or other product identifier designated by Zenibee.

3.4 Non-Transferability

The Program is non-transferable, non-assignable, non-resellable, and may not be sold, gifted, auctioned, bartered, pledged, or otherwise transferred to any other person, household, account, or entity.

3.5 Authorized Channels Only

The Program does not apply to any product or package obtained:

• second-hand;
• through resale;
• through unauthorized sellers or retailers;
• through liquidation or gray-market channels;
• through rental fleets;
• through institutional or commercial channels; or
• through any channel Zenibee determines is not authorized.

3.6 Proof of Eligibility

Zenibee may require proof of purchase, order number, delivery records, account records, registration records, shipping records, serial number or product identifier information, and other documentation or data reasonably necessary to verify eligibility.

3.7 Right to Deny, Suspend, or Void

Zenibee may deny, suspend, terminate, or void Program participation or a redemption request if:

• ownership cannot be verified;
• the qualifying purchase cannot be verified;
• the Original Product or account identity cannot be verified;
• the purchase was obtained through an unauthorized source;
• required registration was not completed;
• the qualifying purchase was returned, refunded, canceled, charged back, reversed, or otherwise rescinded;
• the claimant materially fails to comply with documentation or verification requirements;
• fraud, abuse, misrepresentation, concealment, account manipulation, or tampering is reasonably suspected; or
• any other material Program condition is not satisfied.

4. Program Attachment; Registration; Effective Conditions

4.1 When Eligibility Attaches

Eligibility under the Program attaches only after all of the following have occurred:

• the qualifying Founder Family Package purchase has been completed;
• the Original Product has been delivered;
• the purchase has not been returned, refunded, canceled, charged back, reversed, or otherwise rescinded; and
• the customer otherwise satisfies these Terms.

4.2 Registration Requirement

To remain eligible for the Program, the customer must register the Original Product to the customer's Zenibee account within thirty (30) days after delivery, unless Zenibee expressly permits a later registration in writing.

4.3 Registration Information

As part of registration, Zenibee may require the customer to provide or confirm:

• the order number;
• the purchaser's account information;
• the Product serial number or other product identifier;
• the delivery address;
• photographs of the Original Product or serial-number label, if reasonably requested; and
• any other information reasonably necessary to link the Original Product to the original purchaser and original account.

4.4 No Auto-Renewal

The Program is a one-time promotional benefit. It does not renew automatically, does not roll over, and does not create any recurring entitlement.

5. Geographic Scope

Unless Zenibee expressly states otherwise in writing, the Program applies only to eligible purchases made, delivered, and redeemed in the United States.

Zenibee may deny, restrict, or modify Program benefits for claims involving:

• international shipping addresses;
• unsupported territories;
• cross-border relocation issues;
• import / export restrictions;
• sanctions or legal restrictions;
• customs-related limitations; or
• legal or operational conditions that prevent Program administration in a particular location.

6. Definitions

6.1 "Pre-Sale Period"

The official Zenibee pre-sale period designated by Zenibee for the applicable Founder Family Package.

6.2 "Founder Family Package"

The specific Zenibee pre-sale purchase package designated by Zenibee as eligible for the Program.

6.3 "Qualifying Purchase"

A purchase of the applicable Founder Family Package during the Pre-Sale Period through Zenibee or another sales channel expressly authorized by Zenibee that has been delivered and not returned, refunded, canceled, charged back, reversed, or otherwise rescinded.

6.4 "Original Product"

The Zenibee product delivered pursuant to the Qualifying Purchase and associated with the eligible Founder Family Package.

6.5 "Eligible Household"

The original purchaser's household, as reasonably determined by Zenibee in good faith, with primary weight given to the original purchaser, the original purchasing account, and the registered Original Product.

6.6 "Redemption Event"

"Redemption Event" means the welcoming of an additional child into the Eligible Household through birth, adoption, or legal guardianship, subject to these Terms; provided, however, that for adoption or legal guardianship, the child must, at the time of redemption and fulfillment, be within the age, size, weight, fit, and other applicable eligibility requirements for the intended use of the Redemption Product under Zenibee's then-current product instructions, warnings, labels, and safety requirements.

6.7 "Redemption Request"

A request submitted by the customer to redeem the Program after a claimed Redemption Event.

6.8 "Redemption Product"

A Zenibee product designated by Zenibee for fulfillment under the Program, which may be the same product, a newer version, an updated version, or a comparable substitute as determined by Zenibee under these Terms.

6.9 "Redemption Value Cap"

A maximum product value of $599 USD MSRP, excluding taxes, shipping upgrades, duties, import charges, and similar fees unless Zenibee expressly states otherwise in writing.

7. Core Program Benefit

7.1 Nature of Benefit

Subject to all Terms, Zenibee may provide one (1) Redemption Product for one eligible future child welcomed into the Eligible Household after the required timing conditions are met and after Zenibee verifies the Redemption Request.

7.2 One Redemption Maximum

The Program provides a maximum of one (1) redemption per Eligible Household. Once one Redemption Product has been approved and fulfilled under the Program, Zenibee's redemption obligation under the Program is exhausted.

7.3 No Cash Value

The Program and any benefit under it have no standalone cash value. They may not be exchanged, refunded, redeemed for cash, converted into store credit, or applied as a general account balance.

7.4 No Product Reservation

The Program does not reserve inventory, guarantee future production, or guarantee that any specific model, colorway, feature set, certification status, configuration, or packaging format will exist at the time of redemption.

8. Timing and Redemption Conditions

8.1 Minimum Timing Requirement

A Redemption Request is eligible only if:

1. at least nine (9) months have elapsed since delivery of the Original Product; and
2. the claimed Redemption Event occurred no earlier than nine (9) months after delivery of the Original Product.

8.2 Future Family Growth Purpose

The Program is intended for future family growth, not for children who were already part of the household before the Qualifying Purchase.

Zenibee may deny a Redemption Request if, based on reasonably available information, Zenibee determines in good faith that:

• the child associated with the request was already part of the household before the Qualifying Purchase;
• the request otherwise falls outside the Program's intended future-family-growth purpose; or
• for adoption or legal guardianship, the child is, at the time of redemption or anticipated fulfillment, outside the intended age, size, weight, fit, or other eligibility requirements for safe and proper use of the Redemption Product under Zenibee's then-current instructions, warnings, labels, and safety requirements.

For clarity, the Program is intended to support future family growth involving a child who is an appropriate user of the Redemption Product.

8.3 Redemption Window

A Redemption Request must be made within five (5) years after the delivery date of the Original Product. Requests submitted after that period may be denied.

8.4 Original Product Retention Requirement

To remain eligible, the customer must retain the Original Product. Zenibee may require proof of continued possession of the Original Product during verification. Failure to demonstrate possession when reasonably requested may result in denial of the Redemption Request.

8.5 Good Standing Requirement

The qualifying purchase and associated customer account must remain in good standing at the time of Redemption Request review.

9. Verification Framework

Zenibee uses a tiered, risk-based verification approach to balance customer experience, fraud prevention, and operational practicality.

9.1 Standard Verification

For most Redemption Requests, verification may be completed using:

• order confirmation;
• account records;
• delivery records;
• registration records;
• serial-number records;
• customer attestations; and
• other reasonably available records.

9.2 Proof of Possession

If Zenibee reasonably requires confirmation that the customer still possesses the Original Product, Zenibee may request one or more of the following:

• the Product serial number or product identifier;
• one or more dated photographs of the Original Product;
• one or more photographs showing a claim-specific code or reference number provided by Zenibee together with the Original Product;
• photographs of the serial-number label; or
• other reasonable, non-invasive proof of possession designated by Zenibee.

9.3 Customer Attestation

Zenibee may require the customer to submit one or more certifications or attestations confirming, under penalty of denial or revocation for misrepresentation, that:

• the claimant is the original eligible purchaser;
• the Original Product remains in the claimant's possession;
• the request relates to a qualifying next child under these Terms; and
• all submitted information is true, accurate, and complete to the best of the claimant's knowledge.

9.4 Additional Supporting Information

If additional verification is reasonably required, Zenibee may request limited supporting information reasonably necessary to evaluate the request.

Customers are not required to submit medical records or other unnecessary sensitive information to participate in the Program. Customers may redact sensitive or irrelevant information where appropriate, unless unredacted information is reasonably necessary for verification.

9.5 Data Minimization

Zenibee will seek to request only information reasonably necessary for verification, fraud prevention, Program administration, legal compliance, and related operational purposes.

10. Redemption Request Submission Procedures

To submit a Redemption Request, the customer must follow Zenibee's designated process, which may include an online portal, customer account interface, email workflow, web form, or another channel designated by Zenibee.

The customer must:

1. submit the Redemption Request through the designated method;
2. provide all required information and supporting materials;
3. respond promptly to Zenibee follow-up requests;
4. provide truthful, accurate, and complete information;
5. cooperate with Zenibee's review and verification process; and
6. comply with all instructions issued by Zenibee in connection with the request.

Failure to follow required procedures may result in delay, suspension, or denial of the Redemption Request.

11. Review and Determination

Zenibee may, in its reasonable and good-faith administration of the Program:

• review submitted records, statements, photographs, and documents;
• request additional information;
• request proof of ownership or possession of the Original Product;
• review account, order, registration, and delivery records;
• evaluate fraud or abuse indicators;
• approve the Redemption Request;
• deny the Redemption Request;
• request clarification; or
• suspend processing pending further information.

Zenibee may also consult internal customer support, operations, compliance, legal, finance, quality, and fraud-prevention personnel in evaluating a request.

12. Internal Review

If a customer disputes a denial or eligibility determination under the Program, the customer may request one internal review by contacting Zenibee within fifteen (15) days after notice of the original determination.

13. Fulfillment and Shipping

13.1 Shipping to Verified Address

If a Redemption Request is approved, Zenibee may fulfill the benefit by shipping the Redemption Product to the verified address associated with the Eligible Household or another address Zenibee approves during the verification process.

13.2 Standard U.S. Shipping

Unless Zenibee states otherwise in writing, standard shipping for approved redemptions to U.S. delivery addresses is included.

13.3 Taxes, Duties, and Related Charges

Unless prohibited by law or expressly stated otherwise by Zenibee in writing, the customer is responsible for:

• taxes;
• duties;
• import charges;
• customs fees;
• destination charges; and
• other similar governmental or carrier-imposed amounts.

13.4 Delivery Delays

Zenibee is not responsible for delays caused by carriers, weather, customs processes, regulatory issues, force majeure events, supply interruptions, or other events outside Zenibee's reasonable control.

13.5 Processing Targets

Zenibee aims, but does not guarantee, to process an approved Redemption Request and initiate fulfillment within approximately thirty (30) days after all required verification materials and approvals have been completed. This is a service goal only and not a contractual deadline.

14. Product Availability; Substitution; Updated Compliance Models

14.1 Subject to Availability

Redemption Products are subject to availability at the time of fulfillment.

14.2 Same, Newer, or Comparable Product

If the originally contemplated product is unavailable, discontinued, materially changed, or not operationally suitable for fulfillment, Zenibee may provide:

• the same model;
• a newer version;
• an updated version;
• an equivalent model; or
• a comparable substitute of equal or greater general functionality, as determined by Zenibee.

14.3 Updated Safety / Compliance Requirements

Any Redemption Product may differ from the Original Product in model, features, labeling, instructions, configuration, certifications, compliance details, or related characteristics as reasonably necessary to reflect updated product design, safety, testing, certification, registration, or labeling requirements in effect at the time of fulfillment.

14.4 No Identical-Match Requirement

Zenibee is not obligated to provide an identical model, cosmetic finish, accessory bundle, packaging configuration, or colorway.

15. Promotional Nature of the Program; Offer Disclosures; Applicable-Law Savings

The Program is a complimentary promotional benefit associated with the Founder Family Package and is not a separately purchased product.

Certain material Program conditions, including but not limited to the minimum timing requirement, redemption window, Original Product retention requirement, value cap, availability limitations, and applicable tax / duty responsibility, may also be disclosed in summary form at or before purchase. Any such purchase-flow or checkout disclosures are part of the Program offer and should be read together with these Terms.

Except as required by applicable law:

• the Program has no standalone cash redemption value;
• the Program is non-transferable;
• the Program is non-redeemable for cash;
• the Program is not a separately purchased product; and
• the Program is not separately refundable apart from the underlying purchase.

To the extent required by applicable law, a participant may have cancellation rights, refund rights, or both, and Zenibee will honor such rights to the extent legally required.

16. Refunds, Returns, and Cancellation of Underlying Purchase

If the underlying Qualifying Purchase is refunded, returned, canceled, charged back, reversed, or otherwise rescinded, Program eligibility automatically terminates.

If Program eligibility terminates in connection with a refund, return, cancellation, chargeback, reversal, or rescission of the underlying purchase:

• Zenibee will honor any rights required by applicable law; and
• except as required by applicable law, no separate cash payment, redemption, reimbursement, or refund is owed for the Program itself.

If a Redemption Request is submitted after a refund request, chargeback, cancellation, or other rescission-related activity has been initiated, Zenibee may suspend or deny the Redemption Request.

17. Fraud, Abuse, Misrepresentation, and Program Misuse

Zenibee may deny requests, suspend processing, revoke eligibility, terminate participation, block accounts, or pursue other remedies where Zenibee determines, based on reasonably available information, that fraud, abuse, misuse, or material misrepresentation has occurred.

Prohibited conduct includes, without limitation:

• false or misleading statements;
• fabricated eligibility narratives;
• manipulated photographs or documents;
• duplicate or overlapping household claims;
• account manipulation;
• payment manipulation;
• concealment of material facts;
• product-identity tampering;
• serial-number tampering;
• attempts to transfer the Program benefit;
• use of multiple accounts to obtain duplicate benefits; or
• any other conduct Zenibee reasonably determines is inconsistent with the intended purpose of the Program.

18. Customer Responsibilities

The customer is responsible for:

• keeping account and contact information current;
• registering the Original Product in a timely manner;
• preserving reasonable records related to the Qualifying Purchase;
• retaining the Original Product;
• submitting truthful and complete information;
• responding to Zenibee verification requests in a timely manner;
• complying with Program procedures and instructions; and
• using the Program only for its intended purpose.

19. Communications

Zenibee may communicate with the customer regarding the Program, registration, verification, Redemption Requests, determinations, shipping, delays, and related issues through:

• email;
• website or portal messaging;
• account notifications;
• SMS or phone, where permitted and provided; or
• other reasonable communication channels.

The customer is responsible for keeping contact information current and monitoring the communication channels associated with the qualifying purchase.

20. Data and Privacy

In administering the Program, Zenibee may collect, review, store, and process information provided by the customer, including purchase information, account information, registration information, photographs, attestations, shipping records, communication logs, and related Redemption Request materials.

The customer represents that the customer has the right to provide any submitted materials.

Zenibee may use Program-related information for:

• Program administration;
• customer support;
• fraud prevention;
• operational review;
• compliance review;
• legal compliance;
• quality analysis; and
• internal business operations.

Zenibee will process Program-related information in accordance with its applicable privacy practices.

Customers should avoid submitting unnecessary sensitive personal information unless specifically requested by Zenibee.

21. Program Availability; Modifications; Future Changes

Zenibee may modify, suspend, or discontinue the Program prospectively at any time, subject to applicable law.

Any modification will apply prospectively only and will not retroactively eliminate an already-earned eligibility position tied to an existing Qualifying Purchase, except where required by law, necessary for safety, necessary for compliance, necessary to prevent fraud or abuse, or otherwise permitted by applicable law.

Zenibee may also discontinue offering the Program for future purchases at any time.

22. No Guarantee of Future Product Availability or Timing

Zenibee does not guarantee:

• that any specific product will be available at redemption time;
• that a particular model or version will continue to exist;
• that future pricing will remain unchanged;
• that fulfillment will occur by any guaranteed date;
• that future regulatory, design, or operational changes will not affect product configuration; or
• that the Program will remain available for future purchasers.

23. Disclaimer of Warranties Regarding the Program

To the maximum extent permitted by applicable law, the Program is provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, statutory, or otherwise, except to the extent such warranties cannot lawfully be disclaimed.

Nothing in this Section reduces any non-waivable rights the customer may have under applicable law with respect to the underlying product itself.

24. Limitation of Remedies

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZENIBEE'S OBLIGATIONS UNDER THE PROGRAM ARE LIMITED TO THE SPECIFIC REMEDY EXPRESSLY STATED IN THESE TERMS: FULFILLMENT OF ONE (1) APPROVED REDEMPTION PRODUCT, SUBJECT TO THE REDEMPTION VALUE CAP, PRODUCT AVAILABILITY, VERIFICATION, AND ALL OTHER PROGRAM CONDITIONS.

ZENIBEE IS NOT OBLIGATED UNDER THE PROGRAM TO PROVIDE CASH PAYMENTS, REFUNDS, STORE CREDIT, PRICE PROTECTION, THIRD-PARTY PURCHASE REIMBURSEMENT, EXPEDITED SHIPPING, TRAVEL REIMBURSEMENT, CHILDCARE COSTS, DELAY COMPENSATION, SUBSTITUTE-GOODS COMPENSATION, OR ANY OTHER REMEDY NOT EXPRESSLY STATED IN THESE TERMS.

25. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZENIBEE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, LICENSORS, AND PARTNERS SHALL NOT BE LIABLE UNDER OR IN CONNECTION WITH THE PROGRAM FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, ENHANCED, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF USE, LOSS OF TIME, LOSS OF OPPORTUNITY, LOSS OF EXPECTED SAVINGS, TRAVEL EXPENSES, SUBSTITUTE PRODUCT COSTS, EMOTIONAL DISTRESS, OR OTHER LOSSES BEYOND THE SPECIFIC CONTRACTUAL REMEDY EXPRESSLY PROVIDED IN THESE TERMS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZENIBEE'S TOTAL LIABILITY UNDER THE PROGRAM SHALL NOT EXCEED THE REDEMPTION VALUE CAP.

NOTHING IN THIS SECTION EXCLUDES LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

26. Governing Law; Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

26.1 Informal Resolution First

Before filing a lawsuit or starting arbitration, you and Zenibee agree to first try to resolve any dispute informally.

If you have a dispute, you must send written notice to Zenibee at [email protected] and 100 N Howard St. #7069, Spokane, WA 99201, describing the nature of the dispute and the relief you seek. If Zenibee has a dispute with you, Zenibee will send a similar notice to the contact information associated with your order, account, registration, or Redemption Request.

If your dispute concerns a denial, eligibility determination, verification issue, or other Program decision, you may first use the internal review process described in Section 12. Use of that internal review process does not prevent either party from later invoking this Section 26, except to the extent applicable law requires otherwise.

If the dispute is not resolved within thirty (30) days after notice is received, either party may begin arbitration or, if eligible, bring an individual action in small claims court.

26.2 Agreement to Arbitrate

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, YOU AND ZENIBEE AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THE PROGRAM, ANY REDEMPTION REQUEST, ANY ELIGIBILITY DETERMINATION, VERIFICATION REQUEST, APPROVAL, DENIAL, OR OTHER PROGRAM DECISION, THESE TERMS, ANY ALLEGED BREACH OF THESE TERMS, THE ELIGIBLE FOUNDER FAMILY PACKAGE PURCHASE TO THE EXTENT NECESSARY TO RESOLVE THE PROGRAM DISPUTE, OR ANY RELATED RELATIONSHIP BETWEEN YOU AND ZENIBEE, WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND NOT IN COURT.

This arbitration agreement is governed by the Federal Arbitration Act.

26.3 Arbitration Administrator and Rules

The arbitration shall be administered by the American Arbitration Association ("AAA") under its applicable consumer arbitration rules then in effect, except as modified by these Terms.

If AAA is unavailable or unwilling to administer the arbitration, the parties shall confer in good faith to select another nationally recognized arbitration administrator. If the parties cannot agree, a court of competent jurisdiction may appoint the arbitration administrator.

26.4 Arbitration Procedure

Unless otherwise required by applicable law or the administrator's rules:

(a) the arbitration may be conducted remotely, by submission of documents, by telephone, by video conference, or in person, as determined by the arbitrator;

(b) the arbitration shall be conducted by a single neutral arbitrator;

(c) the arbitrator shall have authority to award any individual remedy available under applicable law, subject to these Terms; and

(d) the arbitrator shall issue a written decision sufficient to explain the essential findings and conclusions on which the award is based.

26.5 Small Claims Court Option

Either party may bring an individual claim in small claims court instead of arbitration if the claim qualifies and remains on an individual basis.

26.6 Individual Claims Only; No Class Actions or Mass Actions

YOU AND ZENIBEE AGREE THAT ALL DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF, CLAIMANT, CLASS REPRESENTATIVE, CLASS MEMBER, PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE, CONSOLIDATED, COLLECTIVE, OR MASS PROCEEDING.

YOU AND ZENIBEE WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, MASS ACTION, OR CLASS-WIDE, COLLECTIVE, REPRESENTATIVE, OR MASS ARBITRATION.

The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that individual party's claim. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative, collective, class, or mass proceeding.

26.7 Jury Trial Waiver

TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND ZENIBEE KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL, TO THE FULLEST EXTENT PERMITTED BY LAW.

26.8 Fees

Payment of filing, administration, and arbitrator fees shall be governed by the arbitration administrator's applicable consumer rules and applicable law.

26.9 Injunctive or Equitable Relief

Nothing in these Terms prevents either party from seeking temporary, preliminary, or injunctive relief in a court of competent jurisdiction when necessary to protect rights pending completion of arbitration, including relief relating to intellectual property, confidentiality, fraud prevention, misuse, evidence preservation, or unauthorized transfer, abuse, or misuse of Program rights, Product rights, or account rights.

26.10 Severability of Arbitration Provision

If any part of this Section 26 is found unenforceable as to a particular claim or request for relief, then that claim or request for relief shall be severed and proceed in a court of competent jurisdiction only to the extent necessary, and the remainder of this Section 26 shall remain enforceable.

If the class action waiver in Section 26.6 or the prohibition on class, collective, representative, or mass arbitration in Section 26.6 is found unenforceable as to a particular dispute, then those portions shall be deemed severed, and such dispute shall proceed in a court of competent jurisdiction, not in arbitration, but only to the extent required by that ruling.

26.11 Governing Law

Except to the extent preempted by federal law, including the Federal Arbitration Act, these Terms and any dispute arising out of or relating to them will be governed by the laws of the State of Delaware, without regard to conflict-of-law rules, except that any state-law consumer protection rights that cannot be waived or displaced will remain applicable as required by law.

27. Severability

If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.

If any provision conflicts with non-waivable applicable law, that provision shall be modified and applied only to the minimum extent necessary to comply with such law.

28. Compliance with Laws

The Program is subject to all applicable laws and regulations and is void where prohibited. Zenibee may interpret, administer, restrict, or modify the Program as reasonably necessary to comply with applicable law, regulation, regulatory guidance, or lawful governmental request.

29. Entire Agreement for the Program

These Terms constitute the entire agreement governing the Program, except that the Zenibee Limited Warranty, Zenibee Care, product instructions, pre-sale terms, purchase terms, website terms, and privacy policy may also apply to related issues outside the specific scope of the Program.

Where a conflict exists:

• warranty issues are governed by the Zenibee Limited Warranty;
• Zenibee Care issues are governed by Zenibee Care terms;
• Program issues are governed by these Terms; and
• product safety warnings and instructions must always be followed.

30. Contact Information

Zenibee Inc.
100 N Howard St. #7069
Spokane, WA 99201
[email protected]
Zenibee.com