Terms of Service

VOW TERMS OF SERVICE
VOW is a guest management platform, available through our mobile application (the “App”) and our website at
https://www.vow.app/ and its subdomains (“Website”) that helps employers and event organizers (“Hosts”) ensure
that individuals, like you, attending an event or employment, entertainment, dining or other venue have taken
necessary precautions, and enabling such individuals to be eligible to attend such event or enter such venue.
These Terms of Use apply to the App, Website, and all services made available through the App and our Website
(collectively, including the App and Website, “Services”). These Terms of Use are a legal agreement between you
(“You” or “Your”) and VOW (“we,” “us,” or “our”), establishing terms and conditions under which You shall
access and use the Services. The date You first agree to these Terms of Use is referred to herein as the “Effective
Date.” Your use of the Services is also subject to our Privacy Policy available on our Website at vow.app, as such
Privacy Policy may be updated from time to time. You acknowledge and agree that features and functionality of the
Services are expected to change frequently.
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BEFORE YOU CLICK ON THE “I ACCEPT” BUTTON OR OTHERWISE ACCESS THE APP, THE WEBSITE,
OR USE THE SERVICES, CAREFULLY READ THESE TERMS OF USE. BY CLICKING ON THE “I
ACCEPT” BUTTON, DOWNLOADING THE APP OR USING THE SERVICES, YOU ARE AGREEING TO BE
BOUND BY AND ARE BECOMING A PARTY TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO
ALL OF THE TERMS OF THESE TERMS OF USE, THEN DO NOT CLICK “I ACCEPT,” DO NOT ACCESS
OR USE OUR WEBSITE OR SERVICES, AND DO NOT DOWNLOAD THE APP.
FURTHER, THESE TERMS OF USE CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES
THAT YOU AND VOW ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION
INSTEAD OF GOING TO COURT AND LIMITS CLASS ACTION CLAIMS UNLESS YOU OPT OUT AS
PROVIDED IN SUCH AGREEMENT TO ARBITRATE (SEE SECTION 9 “AGREEMENT TO ARBITRATE”).OUR APP AND OTHER SERVICES
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1.1 Access and Use. Subject to the terms and conditions of these Terms of Use, VOW hereby grants to You, for a
one (1) year period from the Effective Date or such other period set forth on our App or Website in connection with
Your registration (the “Subscription Term”), a limited, non-exclusive, non-transferable right to access and use the
Services, solely for Your personal use in connection with Your eligibility to attend certain events or venues of thirdparty Hosts and not for the benefit of any other person or entity.
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1.2 Restrictions. You shall not, directly or indirectly, and You shall not permit any third party to, (i) reverse
engineer, decompile, disassemble or otherwise attempt to discover the object code, source code, or underlying ideas
or algorithms of the Services; (ii) modify, translate, or create derivative works based on any element of the Services
or any related documentation; (iii) rent, lease, distribute, sell, resell, assign, or otherwise transfer its rights to use the
Services, including the App; (iv) use the Services for any purpose other than its intended purpose; (v) interfere with
or disrupt the integrity or performance of the Services; or (vi) attempt to gain unauthorized access to the Services.
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1.3 VOW Is Not Responsible for Hosts, Events, or Venues. You acknowledge and agree that VOW is not
responsible for any acts or omissions of any Host or for any events or venues. Your attendance at any event or venue
is solely a matter between You and the applicable Host. Hosts may impose additional restrictions and fees as
conditions of Your attendance at any event or venue.

SERVICES AND YOUR DATA
2.1 Generally. Our services are designed to allow Hosts to set up events and screen individual attendees to confirm
that such individuals meet certain criteria. You acknowledge and agree that VOW may receive fees from Hosts in
connection with the provision of these Services. You hereby authorize VOW to receive Your Data (as defined
herein) as necessary to provide these Services to the Hosts you authorize in the App. You acknowledge that You
may need to obtain other services from third parties to fully address any requirements. You acknowledge and agree
that the event or venue you attend may have specific requirements, and that in attending such event or venue, you
assume all risks related thereto.
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2.2 Submission of Your Data; Use by Hosts. You will be required to provide certain information and/or upload
certain data or documentation in connection with Your use of the App and registration for Host events, as requested
from time to time (“Your Data”). You have sole discretion over whether to authorize a Host to access Your Data in
connection with any Services. You are responsible for the accuracy, quality, integrity, legality, reliability, and
appropriateness of all Your Data. By providing any of Your Data, You represent, warrant, and covenant that You
have the right to provide Your Data for the purposes set forth in these Terms of Use and that all Your Data is
accurate, complete, and up-to-date. You must not submit, upload, post, display, or share any of Your Data that you
do not have the right to copy, use, or share for the purpose of Your use of the Services. Your Data is subject to the
license rights set forth in these Terms of Use. You agree to respond to all such requests accurately and completely.

USE OF THE APP AND WEBSITE
3.1 Login Credentials. VOW will enable You to establish a username and password for access and use of the App
and certain other Services during the Subscription Term. You are responsible for maintaining the confidentiality and
security of all such login credentials. You are solely responsible for any and all access and use of the Services that
occurs under Your login credentials. You agree to immediately notify VOW of any unauthorized use of, or access
to, Your login credentials.
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3.2 Host’s Access to Your Data. From time to time, through functionality made available through the App or
Website from time to time, You may authorize certain Hosts to access Your Data for the purposes of Your
attendance at a Host event. You agree that an authorized Host may copy and download Your Data from time to time,
to the extent such Host has access to Your Data and such functionality is enabled by the App or Website from time
to time. You agree and acknowledge that VOW is not responsible for any acts or omissions of any Host in
connection with Your Data. VOW may enter into separate terms and conditions with Hosts in connection with their
access to and use of the App and Website in connection with their access to Your Data or similar data for certain of
their other event attendees.

DISCLAIMERS
4.1 Warranty Disclaimer. THE APP, WEBSITE, AND OTHER SERVICES ARE PROVIDED TO YOU ON AN
AS-IS BASIS. YOUR USE OF THE APP, WEBSITE, AND OTHER SERVICES IS AT ITS OWN RISK. VOW
DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED
WARRANTIES. VOW DISCLAIMS ALL LIABILITY FOR THE LOSS OF DATA ENTERED INTO OR SAVED
IN THE APP OR WEBSITE. YOU FURTHER AGREE AND ACKNOWLEDGE THAT VOW IS NOT
RESPONSIBLE FOR HOW THE HOST USES YOUR CONTENT OR YOUR DATA.
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4.2 Third Party Product Descriptions and Links. (a) Third Party Products. We do not currently sell third-party
products or Services through our Website or App, but may do so in the future. We may, however, provide certain
information or descriptions about products (collectively “Product Descriptions”) that we prepare or that we obtain
from independent third parties, such as from Hosts or other third party vendors. We do not warrant that Product
Descriptions or any prices that are referenced are accurate, complete, reliable, current, or error-free. You agree that
VOW is not liable in any way for the accuracy, completeness, timeliness, or correct sequencing of the Product
Descriptions, or for any decision made or action taken by you relying upon the Product Descriptions.
(b) Links to Third Party Sites. External links on our Services may lead to other websites, including advertised
products sold by outside vendors and companies. We are not liable for the content, goods, services, advertising, or
other materials found on these external websites.
(c) No Third Party Endorsements. In no event shall any reference to any third party or third party product or service
be construed as an approval or endorsement by VOW of that third party or of any product or service provided by a
third party. Likewise, a link (including without limitation external websites that are framed by the Services as well
as any advertisements displayed in connection therewith) to any third party website does not imply that we endorse
or accept any responsibility for the content or use of such a website. VOW does not warrant the performance of any
third party.

PROPRIETARY RIGHTS
5.1 Ownership. We acknowledge that, as between You and VOW, You are the sole and exclusive owner of Your
Data and Your Content. You acknowledge that the App, Website, and other content available through our Services
(other than Your Data and Your Content), and all intellectual property rights therein, are the sole and exclusive
property of VOW and its licensors. The service marks and trademarks of VOW, including without limitation
“VOW” and the VOW logo, are service marks owned by VOW. Any other trademarks, service marks, logos, and/or
trade names appearing via the Services are the property of their respective owners. You may not copy or use any of
these marks, logos, or trade names without the express prior written consent of the owner.
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5.2 License to Your Content and Your Data. You grant to VOW a royalty-free, nonexclusive, irrevocable, limited
right and license to use Your Content and Your Data (a) in order to provide the Services; (b) to analyze and improve
the App, Website, and any other portion of the Services; and/or (c) to compile, use, and disclose aggregate or deidentified data, statistics, measurements, or other metrics derived from Your Content and Your Data for its own purposes.
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5.3 Disclosure of Your Content or Your Data. VOW shall not disclose Your Content or Your Data to third parties,
except as permitted under these Terms of Use or under the Privacy Policy.
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5.4 Limited Feedback License. You hereby grant to VOW, at no charge, a non-exclusive, royalty-free, worldwide,
transferable, sublicensable, perpetual, irrevocable license in and to suggestions, comments, and other forms of
feedback (“Feedback”) regarding the App, Website, or other Services, including Feedback regarding features,
usability, use, and bug reports, to reproduce, perform, display, create derivative works of the Feedback and
distribute such Feedback and/or derivative works in the Services or any other products or services. Feedback is
provided by You “as is” without warranty of any kind by You.

INDEMNIFICATION
6.1 You agree to indemnify, hold harmless, and defend VOW and its officers, directors, employees, and suppliers
from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to,
attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with Your use
of the Services and/or Your Data or Your attendance at any event or venue in connection with Your use of the
Services.

LIMITATION OF LIABILITY
7.1 No Consequential Damages. VOW SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY DAMAGES FOR LOST DATA,
REGARDLESS OF WHETHER VOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
INCLUDING WITHOUT LIMITATION, ANY SUCH DAMAGES ARISING OUT OF THE LICENSING,
PROVISION, OR USE OF THE VOW APP, WEBSITE, OR OTHER SERVICES, OR RESULTS THEREOF.
7.2 Limits on Liability. VOW SHALL NOT BE LIABLE FOR CUMULATIVE, AGGREGATE DAMAGES
GREATER THAN (I) THE SUM OF THE AMOUNTS HAVING THEN ACTUALLY BEEN PAID BY YOU TO
VOW FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE THE
CLAIM AROSE, AND (II) $10, MINUS, IN ALL CIRCUMSTANCES, ANY AMOUNTS PREVIOUSLY PAID
(AS OF THE DATE OF SATISFACTION OF SUCH LIABILITY) BY VOW TO YOU IN SATISFACTION OF
ANY LIABILITY FOR DAMAGES UNDER THESE TERMS OF USE.
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7.3 Essential Purpose. You acknowledge that the terms in this Section 7 are an essential basis of the bargain
described in these Terms of Use and that, were VOW to assume any further liability, the fees payable hereunder
would out of necessity be set much higher. THE LIMITATIONS IN THIS SECTION 7 SHALL APPLY TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SHALL APPLY EVEN IF AN EXCLUSIVE
OR LIMITED REMEDY STATED HEREIN FAILS OF ITS ESSENTIAL PURPOSE.

TERM AND TERMINATION
8.1 Term. The term of these Terms of Use shall commence on the Effective Date and continue until the expiration or
termination of all Subscription Term(s) for Services, unless earlier terminated as provided in these Terms of Use.8.2 Termination. VOW reserves the right to terminate these Terms of Use for no reason in its sole discretion at any
time. Further, either party may terminate these Terms of Use upon written notice to the other party in the event the
other party (a) becomes insolvent or bankrupt or admits its inability to pay its debts as they mature, makes an
assignment for the benefit of its creditors or ceases to function as a going concern or to conduct its operations in the
normal course of business and such termination shall occur immediately upon notice; or (b) commits a material
breach of any provision of these Terms of Use and does not remedy such breach within thirty (30) days after receipt
of notice from the non-defaulting party or such other period as the parties may agree.
8.3 Effects of Termination. Upon expiration or termination of these Terms of Use, Your use of and access to the
App and other Services, and Your right to access and use the Website, shall cease, and VOW shall have no
obligation to maintain or provide any Your Content or Your Data and may in our discretion, unless legally
prohibited, delete all Your Content and Your Data in our systems or otherwise in our possession or under its control.

AGREEMENT TO ARBITRATE
9.1 Arbitration. You agree that all disputes between You and VOW arising out of or relating to these Terms of Use,
the App, Website, other Services, and/or Privacy Policy shall be finally resolved by arbitration before a single
arbitrator conducted in the English language via teleconference or, if requested by You, in New York, New York,
U.S.A., in each case under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and
You and VOW hereby expressly waive trial by jury. You and VOW shall appoint as sole arbitrator a person
mutually agreed by You and VOW or, if You and VOW cannot agree within thirty (30) days of either party’s
request for arbitration, such single arbitrator shall be selected by the AAA upon the request of either party. Each
party shall equally bear the costs of the arbitration and their own counsel. All decisions of the arbitrator shall be final
and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application
may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the
foregoing, either You or VOW shall be entitled to seek injunctive relief, security, or other equitable remedies from
any court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award damages,
remedies, or awards that conflict with these Terms of Use (including without limitation Section 7 above) or to award
punitive damages, including but not limited to pursuant to federal or state statutes permitting multiple or punitive
awards.9.2 Term for Cause of Action; Waiver of Class Actions. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to the Services or these Terms of Use must be filed
within one (1) year after such claim or cause of action arose or shall be forever barred. Any claims brought by You
or VOW must be brought in the party’s individual capacity and not as a plaintiff or class member in any purported
class or representative proceeding. Neither You nor VOW will participate in a class action or class-wide arbitration
for any claims covered by these Terms of Use. You hereby waive any and all rights to bring any claims related to
these Terms of Use and Privacy Policy as a plaintiff or class member in any purported class or representative
proceeding. You may bring claims only on Your own behalf.
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9.3 Opt Out. You may opt out of this agreement to arbitrate in this Section 9. If you do so, neither you nor we can
require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within thirty
(30) days of the date that you first became subject to this arbitration provision. The opt out notice must state that you
do not agree to the Agreement to Arbitrate and must include your name, address, phone number, your login
credentials to which the opt-out applies, and a clear statement that you want to opt out of this agreement to arbitrate.
You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt out of the
Agreement to Arbitrate. You must use this address to opt out: VOW by Jennifer Brisman, Inc., ATTN: Arbitration
Opt-out, Box 221, 126 Hardenburgh Avenue, 07627-9998.
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9.4 Survival. This Arbitration section will survive the termination of Your relationship with VOW.

MISCELLANEOUS
10.1 Entire Agreement. These Terms of Use, together with any supplemental terms expressly agreed by the parties
through the App or Website concurrently herewith or subsequent hereto, constitutes the entire agreement between
the parties relating to this subject matter and supersedes all prior or simultaneous understandings, representations,
discussions, negotiations, and agreements, whether written or oral.10.2 Changes to these Terms of Use; Waiver. These Terms of Use may be amended or supplemented only by a writing that is signed by duly authorized representatives of both parties or through a click-through agreement accepted by You; provided that these Terms of Use as applicable to access to and use of the App or Website, as such may be supplemented, may be amended by VOW from time to time, in its sole discretion, as set forth in Section 1 above. No failure or delay by a party to exercise any right or remedy provided under these Terms of Use or by law
shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of
that or any other right or remedy.
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10.3 Severability. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or
unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of
these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.