Last Updated: July 5, 2026

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

Via App, Inc., a Delaware corporation doing business as "via" ("via," "us," or "we") owns and operates the via mobile application for iOS and Android (the "App"), the website located at wemetvia.com, and any other web services or products offered by us now or in the future (collectively, with all content and services made available through them, the "Services"). By downloading, accessing, or using any part of the Services, you consent and agree to these terms and conditions ("Terms of Use"). The Terms of Use and our Privacy Policy (collectively, the "Terms") constitute a legally binding agreement between via and you.

via is a geo-social platform designed to help you explore your world and find your people.

BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS, WHICH CONTAIN TERMS OF SALE, AN ARBITRATION AGREEMENT, A WAIVER OF CLASS-ACTION RIGHTS, AND LIABILITY LIMITATIONS.

We may provide notice of updates to these Terms via email or by posting a notice in the App or on the Site. Changes are effective once posted. Continued use after the effective date constitutes acceptance of the revised Terms.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register for or use the Services.

1. License, Content, and Beta Services

License to Use the App.

Subject to your compliance with these Terms, via grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and install the App on a mobile device that you own or control and to access and use the Services solely for your personal, non-commercial use. If you downloaded the App from the Apple App Store, this license is limited to use on Apple-branded devices that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. If you downloaded the App from Google Play, your use is also subject to the Google Play Terms of Service.

Beta Services.

Portions of the Services may be offered on an early-access, beta, or pre-release basis ("Beta Services"). Beta Services are provided for evaluation purposes, may contain errors, may be modified, suspended, or discontinued at any time without notice, and may not perform as intended. Data associated with Beta Services (including profiles, drops, check-ins, and messages) may be changed, reset, or deleted during or at the end of any beta period. You should not rely on Beta Services or any data within them. Beta Services are provided "AS IS," and via will have no liability arising from or related to Beta Services to the fullest extent permitted by law.

Intellectual Property Rights.

The Services, and all content, photographs, sound or videos, media, images, graphics, software, and other information and materials made available through them, and the selection and arrangement thereof (collectively, the "Content"), are the property of or licensed by via and are protected under United States and other copyright laws. All trademarks, service marks, and trade names (the "Marks") are proprietary to via or to other respective owners that have granted via the right to use such Marks. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any Content in whole or in part, other than as necessary for your own personal, non-commercial use, without our written consent. via reserves the right to monitor the Services and Content to determine that your usage complies with these Terms.

Third-Party Content and Services.

The Services may include content provided by third parties. We do not monitor, do not endorse, and are not liable for any third-party content, and we do not guarantee the accuracy, integrity, completeness, or quality of content on the Services or at third-party URLs. Third parties may offer their services directly to you through the Services, in which case your use may be subject to the third party's terms of service and privacy policy. via will not be liable for the acts or omissions of any such third party.

2. Your Account, Your Content, and Conduct

Eligibility.

To use the Services you must be, and represent and warrant that you are, 18 years of age or older and competent to enter into these Terms. If you have previously been prohibited from accessing the Services, you are not permitted to access them.

Account Information.

Any information you provide us must be true, accurate, current, and complete. You are responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. Your account is non-transferable and may not be sold, combined, or shared with any other person. Violation of these Terms may result in cancellation of your account in our sole discretion.

Account Deletion.

You may delete your account at any time directly within the App (Settings > Account > Delete Account) or by submitting a deletion request through the account deletion page on our website. Deletion of your account removes your profile and associated personal information as described in our Privacy Policy.

Your Content.

You retain ownership of the photos, profile information, descriptions, messages, drops, and other content you submit to the Services ("User Content"). By submitting User Content, you grant via a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, use, reproduce, modify (for formatting and display purposes), adapt, publish, display, and distribute your User Content in connection with operating, providing, promoting, and improving the Services, for as long as your User Content remains on the Services. This license ends when you delete your User Content or your account, except (a) to the extent you have shared it with others who have not deleted it, (b) for the reasonable time needed to remove it from backup and caching systems, and (c) for aggregated or de-identified data that does not identify you.

You represent and warrant that you own or have all necessary rights to your User Content, that it is accurate as it relates to you, and that it does not violate these Terms, the rights of any third party (including intellectual property, privacy, and publicity rights), or any applicable law. You may not submit photos of any person other than yourself without that person's consent, and you may not submit any content depicting any person under 18.

via does not endorse User Content and has no obligation to monitor it, but we reserve the right (not the obligation) to review, screen, edit, refuse, or remove any User Content at any time, for any reason, without notice, including content we believe violates these Terms or poses a risk to any person. We may report content and users to law enforcement where we believe it appropriate.

Reporting and Blocking.

The App includes tools that allow you to report objectionable content or conduct and to block other users. Reports are reviewed by via, and we may take any action we deem appropriate in response, including removing content, suspending or terminating accounts, and cooperating with law enforcement. Blocking a user prevents further contact between you and that user through the Services. We encourage you to use these tools and to report any behavior that makes you uncomfortable.

Feedback.

If you send comments or suggestions about the Services to via, such submissions become the sole property of via. via shall exclusively own all rights thereto (including intellectual property rights) and shall be entitled to unrestricted use, publication, and dissemination of such submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Prohibited Conduct.

You agree that you will not use the Services or Content to:

• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of via or any other person or entity;

• Use the Services commercially;

• Falsify your location, use GPS-spoofing tools, or check in to a venue where you are not physically present;

• Track, monitor, or attempt to determine the location or identity of another user, or use the Services to follow or surveil any person;

• Reverse engineer, decompile, tamper with, or disassemble the technology used to provide the Services (except to the extent such restriction is prohibited by non-waivable applicable law);

• Interfere with or damage the Services or any underlying technology;

• Impersonate or misrepresent your identity or affiliation;

• Attempt to obtain unauthorized access to the Services;

• Violate, misappropriate, or infringe a third party's intellectual property or other rights, or any social media platform terms;

• Transmit executable programming or corrupted files of any kind, including viruses, spyware, or trojan horses;

• Falsify or delete author attributions, legal notices, or proprietary designations; or

• Violate any law, rule, or regulation or engage in any illegal activities.

Nothing in these Terms will limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Services.

3. Location-Based Services and Safety

Location Services Are Optional.

Certain features of the App use your device's location, including precise geolocation, to show you nearby via verified locations, verify check-ins, and — if you separately enable background location — detect your arrival at via verified locations. These features operate only with your consent, granted through your device's operating system permissions (iOS Location Services or Android location permissions), and you may withdraw that consent at any time in your device settings. The App does not require you to enable location access: if you decline location permission, you may still use the Services and check in to venues manually. Our collection, use, sharing, and retention of location data are described in Section 4 of our Privacy Policy.

Location Accuracy.

Location data is provided by your device and third-party mapping services and may be inaccurate, incomplete, or delayed. The Services are provided for social discovery only, and you should not rely on the Services for navigation, emergency, or safety purposes.

Meeting Other Users; Safety.

VIA DOES NOT CONDUCT CRIMINAL BACKGROUND SCREENING OF ITS USERS and makes no representations about the conduct, identity, or intentions of any user. You are solely responsible for your interactions with other users. Use good judgment when connecting with people you meet through the Services, meet in public places, tell someone you trust where you are going, and never share financial information or information you are not comfortable sharing. Safety awareness tips are available in the App under Settings > Safety, and we encourage you to review them before meeting anyone in person. In an emergency, contact local authorities. You can report or block any user at any time using the in-App tools described in Section 2.

4. Purchases and Payment

In-App Purchases.

via may offer optional paid features available as one-time in-app purchases ("Purchases"). Purchases made through the App are processed by the platform from which you downloaded the App — Apple, through your App Store account, or Google, through your Google Play account — and the payment terms of that platform (the Apple Media Services Terms and Conditions or the Google Play Terms of Service, as applicable) apply to the transaction. via does not receive or store your full payment card information for these transactions.

Pricing.

Prices for Purchases are displayed in the App before you buy and may change at any time; price changes will not affect Purchases you have already completed. Applicable taxes may be added at checkout. Purchases are for your personal use only and may not be transferred, resold, or exchanged for cash. Purchases are tied to the platform account through which they were made and may not be available across platforms.

Refunds.

Except as required by applicable law or by the refund policies of the platform through which you made the Purchase, all Purchases are final and non-refundable. Refund requests are handled by the platform: for Apple App Store Purchases, at reportaproblem.apple.com; for Google Play Purchases, through the Google Play refund process. Paid features are not dependent on, and do not require, your granting access to location or any other device data.

Effect of Account Termination.

If you delete your account or your account is terminated for violation of these Terms, unused Purchases are forfeited without refund, except as required by applicable law.

5. Privacy Policy

All information we collect from you is subject to our Privacy Policy, which describes what we collect, how we collect it, all of the ways we use it, who we share it with, how long we retain it, and how you can withdraw consent or request deletion of your data. The Privacy Policy is incorporated into and is a part of these Terms.

6. DMCA Copyright Infringement Takedown Policy

Infringement Notification.

via respects the rights of others and expects users of the Services to do the same. These Terms prohibit the infringement of the copyrights of others, and we may remove, suspend, terminate access, or take other appropriate action against repeat offenders. We may also remove content that in our sole discretion appears to infringe the intellectual property rights of others.

How to File an Infringement Notification.

If you have a good faith belief that content residing on or accessible through the Services infringes a copyright you own or for which you are a designated agent, please send a notice of infringement by email to hello@wemetvia.com that includes:

• Identification of the copyrighted work claimed to have been infringed (or a representative list if multiple works are covered);

• Identification of the material claimed to be infringing, with information reasonably sufficient to permit via to locate it (please provide a URL and screenshots for each item);

• Details of your claim to the material or your relationship to the copyright holder;

• Your full name, address, telephone number, and a working email address;

• If true, the statement: "I have a good faith belief that use of the copyrighted materials described above as the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.";

• If true, the statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint."; and

• Your physical or electronic signature.

ANY NOTICE THAT DOES NOT COMPLY WITH THE REQUIREMENTS OF TITLE 17, UNITED STATES CODE, SECTION 512(c)(3) WILL NOT RECEIVE A RESPONSE. You may be liable for damages, including costs and attorneys' fees, if you knowingly materially misrepresent that material is infringing or was removed by mistake.

7. Mobile Messaging

By providing your phone number to via and opting in to receive SMS messages, you agree to the following Mobile Messaging Terms & Conditions ("SMS Terms"), which are incorporated into these Terms.

Program description. via may send you SMS or MMS messages related to account notifications, event reminders, check-in confirmations, feature announcements, promotional offers, and other messages intended to support your use of the via platform. Message frequency varies based on your activity.

Opt-in consent. By submitting your phone number or otherwise opting in (e.g., at sign-up, by scanning a QR code, joining a waitlist, or participating in a via event), you consent to receiving automated and/or manual text messages from via. Consent is not a condition of using the Services and may be revoked at any time.

Opt-out. Reply STOP to any via message to cancel SMS messaging at any time. You will receive a confirmation message, and no further SMS messages will be sent unless you opt in again.

Help. Reply HELP to any via message or contact hello@wemetvia.com.

Message and data rates may apply. If you have questions about your text or data plan, contact your wireless provider. You must be the account holder or have permission from the account holder to receive SMS messages at the provided phone number. Please review our Privacy Policy for information on how via collects, uses, and shares information about you, including through SMS.

8. Apple App Store Terms

If you download or use the App from the Apple App Store, the following additional terms apply:

• These Terms are concluded between you and via only, and not with Apple Inc. ("Apple"). via, not Apple, is solely responsible for the App and its content.

• Apple has no obligation to furnish any maintenance and support services with respect to the App.

• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are via's responsibility.

• via, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and use of the App, including (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

• In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, via, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of such 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.

• You must comply with applicable third-party terms of agreement when using the App (for example, your wireless data service agreement).

• Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

9. Google Play Terms

If you download or use the App from Google Play, the following additional terms apply:

• These Terms are concluded between you and via only, and not with Google LLC or its affiliates ("Google"). via, not Google, is solely responsible for the App and its content.

• Your use of the App must comply with the Google Play Terms of Service.

• Google is only a provider of Google Play, where you obtained the App. Google has no obligation to furnish any maintenance and support services with respect to the App, and Google makes no warranty with respect to the App.

• via, not Google, is responsible for addressing any claims by you or any third party relating to the App or your possession and use of the App, including product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.

• Google is a third-party beneficiary of these Terms as they relate to your use of the App obtained from Google Play, and Google will have the right to enforce these Terms against you as such.

10. Disputes

Subject to applicable law, you and via agree that any dispute that has arisen or may arise between us relating in any way to your use of or access to the Services, any breach, enforcement, or termination of these Terms, or otherwise relating to via in any way will be resolved in accordance with this Section.

Informal Resolution.

Before taking any formal action, you agree to contact us at hello@wemetvia.com with a brief written description of the dispute and your contact information (including your username, if your dispute relates to an account) and to allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution. Completion of this informal resolution process is a condition precedent to initiating arbitration or any other proceeding.

Arbitration.

These Terms evidence a transaction involving interstate commerce, and the Federal Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and proceedings. Any covered matters must be asserted individually in binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect (including, without limitation, utilizing desk, phone, or video conference proceedings where appropriate and permitted to mitigate costs of travel). The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals, except as provided in the Batch Arbitration provision below. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Batch Arbitration.

To increase the efficiency of administration and resolution of arbitrations, in the event twenty-five (25) or more similar demands for arbitration are filed against via, presented by or with the assistance of the same law firm, group of law firms, or organizations, or coordinated counsel, within a ninety (90) day period (or as soon as possible thereafter), the AAA shall (a) administer the demands in batches of up to one hundred (100) demands per batch (or, if fewer than one hundred remain, a single batch of the remainder); (b) appoint one arbitrator for each batch; and (c) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award ("Batch Arbitration"). Arbitrators are encouraged to resolve a set of bellwether proceedings first, and the parties shall then engage in a global mediation of the remaining demands before further batches proceed. You agree to cooperate in good faith with via and the AAA to implement this Batch Arbitration process, and this provision shall in no way be interpreted as authorizing a class, collective, or mass arbitration or action of any kind other than as expressly set forth herein. If this Batch Arbitration provision is found to be unenforceable as to a particular demand, that demand shall proceed in individual arbitration as otherwise provided in this Section.

Award.

For matters where the relief sought is over $5,000, the arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law and will honor all claims of privilege recognized by law. The arbitrator's award shall be final and binding. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS, EXCEPT AS PROVIDED IN THE BATCH ARBITRATION PROVISION.

Exceptions.

There are only two exceptions to this arbitration agreement: (1) if a party reasonably believes the other party has infringed or threatened to infringe its intellectual property rights, it may seek injunctive or other appropriate interim relief in any court of competent jurisdiction; and (2) any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court within the United States, if the claim and the parties are within the jurisdiction of the small claims court and the matter advances only on an individual (non-class, non-representative) basis.

Costs of Arbitration.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this agreement to arbitrate. If the value of the relief sought is $5,000 or less, at your request via will reimburse you for all filing, administration, and arbitrator fees associated with the arbitration following the earlier of the arbitrator's decision or settlement, unless the arbitrator determines your claim(s) to be frivolous.

Future Amendments to the Agreement to Arbitrate.

If we amend this agreement to arbitrate in the future, that amendment shall not apply to any claim filed in a legal proceeding against via prior to the effective date of the amendment. If you do not agree to amended terms, you may close your account within thirty (30) days of the posting or notification and you will not be bound by the amended terms.

Judicial Forum for Legal Disputes.

In the event the agreement to arbitrate above is found not to apply to you or to a particular claim, whether by your opt-out, decision of the arbitrator, or court order, you agree that any claim or dispute between you and via must be resolved exclusively by a state or federal court located in Delaware, and you and via agree to submit to the personal jurisdiction of the courts located within Delaware.

Opt-Out.

IF YOU ARE A NEW VIA USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE ("OPT-OUT") BY EMAILING US AN OPT-OUT NOTICE AT hello@wemetvia.com. THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME. IF YOU ARE NOT A NEW VIA USER, YOU HAVE UNTIL THIRTY (30) DAYS AFTER THE POSTING OF THE NEW TERMS TO SUBMIT AN OPT-OUT NOTICE. To opt out, you must email your name, address (including street address, city, state, and zip code), and the email address(es) associated with your account(s) to hello@wemetvia.com. This procedure is the only way to opt out of the agreement to arbitrate. If you opt out, all other parts of these Terms, including this Disputes section, will continue to apply to you.

Waiver.

BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.

11. Indemnification

You agree to indemnify, defend, and hold via and all of our officers, directors, managers, members, employees, agents, information providers, affiliates, partners, and licensors (each a "via Party," and collectively, the "via Parties") harmless from and against any and all liability, claims, damages, losses, costs, and expenses, including attorneys' fees, incurred by any via Party arising from, related to, or in connection with (a) a violation of any provision of these Terms by you; (b) your User Content; (c) your interactions with other users; or (d) your violation of the rights of via or any other person or entity. We may, in our sole and absolute discretion, control the disposition of any such claim at your sole cost and expense, and you may not settle any such claim without our express written consent. This obligation survives these Terms and your use of the Services.

12. Warranties and Disclaimers

Service Outages and Force Majeure.

Unless you have greater rights in a separate signed agreement with us, we disclaim to the fullest extent permitted by law any service outages caused by maintenance, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters, or any other cause beyond our reasonable control. Under no circumstances shall via or its licensors or service providers be liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control. This provision is not intended to disclaim liability that via may not disclaim under law.

USE OF THE SERVICES AND CONTENT IS AT YOUR OWN RISK. THE SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS TO THE FULLEST EXTENT PERMITTED BY LAW. NEITHER WE NOR ANY OF OUR AFFILIATES OR BUSINESS PARTNERS MAKES ANY WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS OBTAINED FROM USE OF THE SERVICES, INCLUDING THE ACCURACY OF ANY LOCATION DATA, WILL BE ACCURATE OR RELIABLE, OR (iv) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR AFFILIATES OR BUSINESS PARTNERS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. VIA ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW FOR ANY INACCURACIES, ERRORS, OR OMISSIONS. THIS PROVISION IS NOT INTENDED TO DISCLAIM LIABILITY THAT VIA MAY NOT DISCLAIM UNDER APPLICABLE LAW.

NO RESPONSIBILITY FOR THIRD-PARTY SERVICES AND MATERIALS. VIA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SERVICES. VIA WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, INCLUDING OTHER USERS. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

NEW JERSEY RESIDENTS: THE PROVISIONS ABOVE ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY THE LAW OF THE STATE OF NEW JERSEY ONLY.

13. Limitation of Liability

NO CONSEQUENTIAL DAMAGES. IN NO EVENT, AS PERMITTED BY THE FULLEST EXTENT OF APPLICABLE LAW, WILL VIA AND THE VIA PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF, OR INABILITY TO USE THE SERVICES, CONTENT, OR PRODUCTS, EVEN IF VIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT VIA MAY NOT EXCLUDE UNDER APPLICABLE LAW.

OUR LIABILITY IS LIMITED. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCTS TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT, $100. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT VIA MAY NOT EXCLUDE UNDER APPLICABLE LAW.

NEW JERSEY RESIDENTS: THE PROVISIONS OF THIS SECTION ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY THE LAW OF THE STATE OF NEW JERSEY ONLY.

14. Termination; Survival

Term.

These Terms are effective unless and until terminated by you or us. We may, in our sole and absolute discretion and without liability, modify, suspend, or discontinue any aspect of the Services, temporarily or permanently, at any time and without prior notice.

Suspension and Termination.

We may deny you access to all or part of the Services at any time for any reason (including violation of these Terms, as determined in our sole and absolute discretion) or no reason at all. You may terminate these Terms at any time by deleting your account in the App and discontinuing use of the Services.

Survival.

The following provisions will survive termination: Intellectual Property, Your Content (to the extent set forth therein), Payment Obligations, Indemnification, Warranties and Disclaimers, Limitation of Liability, Disputes, and any others that by their sense and context are intended to survive termination or expiration of these Terms.

15. General Terms

No Waiver; Severability.

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver of any term of these Terms will be binding unless in writing. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.

Statute of Limitations.

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 Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Applicable Law.

These Terms will be construed in accordance with the laws of the United States of America and (to the extent not inconsistent with or preempted by federal law) the State of Delaware, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in Delaware if seeking interim or preliminary relief or enforcement of an arbitration award.

Headings.

The provision titles in these Terms are for convenience only and have no legal or contractual effect. These Terms will not be construed against the drafter.

Notice.

You consent to receiving and transacting with us by electronic means. We may deliver notice to you by email, posting a notice on the Services, or any other method we choose, and such notice will be effective on dispatch. If you give notice to us, it will be effective when received at hello@wemetvia.com.

Entire Agreement.

These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and via, govern your use of the Services, and supersede any prior agreements between you and via on the subject matter. These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you and may be assigned or delegated by via without restriction. No agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form.

Notice to California Users.

Under California Civil Code Section 1789.3, California users 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 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

Notice to Users Outside the United States of America.

The Services are controlled and offered by via from the United States of America. via makes no representations that the Services are appropriate for use in other locations. Those who access or use the Services from other locations do so at their own risk and are responsible for compliance with local law. You consent to the processing in the United States of America of information you provide to us.

Contact

Via App, Inc.

Email: hello@wemetvia.com