Terms of Service

Last updated: February 2026

Reflective Technologies, Inc. is the creator of the “Kiki” app (the “App”) and provides cloud-based messaging and assistant services. Our App is owned and offered by Reflective Technologies, Inc. In these Terms of Use, we refer to the company as “Reflective,” “we,” “us,” or “our.” Please read these Terms of Use (“Terms”) and our Privacy Policy carefully because they—along with other posted policies, rules, and guidelines—govern your use of the App. To make these Terms easier to read, we use the word “Services” here to collectively describe and encompass the App, the Kiki website, the other features, software, and technologies related to Kiki that we provide, and our communications with you. These Terms govern your access to and use of our Services, including account holders and non-account holders (each a “User,” collectively “Users”). By using the Services, you acknowledge that you have read and understood these Terms and that you accept and agree to be bound and abide by these Terms. You must not use the Services if you do not agree with any part of the Terms.

Important Notice Regarding Arbitration

PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION (WITH LIMITED EXCEPTION), AND FURTHER THAT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST REFLECTIVE ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

Changes to Terms and Services

Our Services are evolving, so we may update the Terms from time to time. If we modify the Terms, we'll let you know either by posting the updated Terms here and changing the “Last Updated” date above. If we make a material change to the Terms, we will also provide a notice that a change was made. It's important that you check the Terms often for updates. If you continue to use the Services after we post updated Terms, you are agreeing to be bound by the updated Terms. If you don't agree to be bound by the updated Terms, then you may not use the Services anymore and you are prohibited from doing so. We may, at our sole discretion, change or discontinue all or any part of the offerings we provide via our Services, at any time and without notice. Notwithstanding the foregoing, any modifications to the provisions herein regarding arbitration and class action waiver will only be modified upon legally sufficient mutual consent.

You acknowledge that Reflective may establish general practices and limits concerning use of the Services. You agree that Reflective has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that Reflective reserves the right to terminate Accounts (as defined below) in our sole discretion for any reason. You further acknowledge that Reflective reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Accessing the Services

The Services are provided primarily through SMS and iMessage. You are responsible for obtaining and maintaining (i) a compatible mobile device and (ii) wireless or cellular service that supports SMS and/or iMessage, as applicable. Your carrier's standard messaging, data, and other rates and fees may apply when you use the Services. Reflective does not operate the SMS or iMessage networks and does not guarantee that the Services will function on any particular device or with any particular carrier. The Services may be subject to malfunctions and delays inherent in wireless and electronic communications. Reflective will not be liable for any outages, delivery failures, or unavailability of the Services, for whatever reason. Reflective reserves the right to modify, revise, or remove the Services we provide, including the App, at Reflective's sole discretion without notice. Reflective may restrict access to some parts of the Services.

Who May Use the Services?

You may use the Services only if (1) you are at least 18 years old (or the legal age of majority in your jurisdiction), (2) capable of forming a binding contract with Reflective, and are not barred from using the Services under applicable law, and (3) not located in the European Economic Area, the United Kingdom, or Switzerland. The Services are not directed to or intended for individuals in those jurisdictions, and by using the Services you represent and warrant that you are not located therein. If you want to use the Services, you'll use them by starting a conversation with the Services via iMessage or SMS (or as otherwise provided). You are responsible for securing your device and the phone number or identifier you use to access the Services. You agree that you won't share access to that device or identifier in a way that allows others to use your Account, and you'll notify us immediately of any unauthorized use. You are responsible for all activities that occur in connection with your use of the Services, whether or not you know about them. Reflective reserves the right to suspend or discontinue your access to the Services at any time, in our sole discretion for any or no reason, including if, in our opinion, there has been a violation of any provision of these Terms or other posted policies, guidelines, or rules.

Feedback

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at info@kiosk.app. You hereby grant us a non-exclusive, worldwide, transferable and assignable, perpetual, irrevocable, sub-licensable (through multiple tiers), fully-paid, royalty-free license to use, copy, modify, create derivative works based upon, and otherwise use for any purpose the Feedback you provide us.

Special Note for International Use; Export Control

Reflective is headquartered in the United States. The Services are not available to individuals located in the European Economic Area, the United Kingdom, or Switzerland. If you access or use the Services from any other jurisdiction outside of the United States, you do so at your own risk. You are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Software available in connection with the Services and the transmission of applicable data, if any, is subject to United States export controls. You may not download any software from the Services or otherwise export or re-export any software in violation of U.S. export laws. Downloading or using the software underlying the Services is at your sole risk.

Content Ownership, Responsibility, and Removal

For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, or otherwise made available through the Services; and (ii) “User Content” means Content that Users, including you, make available through the Services—including without limitation, any reviews, ratings, and comments you provide. Content includes User Content.

Our Ownership of Content

Reflective does not claim ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to exploit your User Content. Subject to the foregoing, as between you and Reflective, Reflective is the sole owner of and will retain ownership of all right, title, and interest in the Services and Content, including any underlying software, algorithms, interfaces, technology, databases, tools, know-how, processes and methods used to provide or deliver the Services, documentation, aggregate data related to the Services, all improvements, modifications or enhancements to (or derivative works of) the foregoing (regardless of inventorship or authorship), and all Intellectual Property Rights in and to any of the foregoing. You understand and agree that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

Rights in User Content Granted by You

By making any User Content available through the Services, you hereby grant to Reflective a perpetual, irrevocable, non-exclusive, transferable, worldwide, royalty-free, and fully paid license, with the right to sublicense (through multiple tiers), to use, copy, modify, create derivative works based on, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services.

Your Obligations as to User Content

You are solely responsible for your User Content. You represent and warrant that: (i) you own all your User Content and have all rights necessary to grant us the license rights in your User Content under these Terms, and (ii) neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Reflective on or through the Services, will infringe, misappropriate, or violate any applicable laws, a third party's intellectual property rights, or any rights of publicity or privacy.

Rights in Content Granted by Reflective

Subject to your compliance with these Terms, Reflective grants you a limited, non-exclusive, non-transferable license, with no right to sublicense, download, view, copy, display, and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

No Liability for User and Third-Party Content

Under no circumstances will Reflective be liable in any way for any User Content or content by any third parties (“Third-Party Content”), including for any errors or omissions in such Content, or for any harm, loss, or damage of any kind incurred as a result of any such Content. You acknowledge that Reflective does not pre-screen User Content or Third-Party Content. Other people's Content does not necessarily reflect Reflective's own views, and Reflective cannot prevent you from encountering materials that you may find objectionable or offensive. Reflective and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Services. Without limiting the foregoing, Reflective and its designees will have the right to remove any Content that violates these Terms or is deemed by Reflective to be otherwise objectionable, in its sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

Your Representations and Warranties

By using the Services, you expressly represent and warrant that your use of the Services is solely for your personal use. You also agree to comply with all applicable laws when using the Services. By using the Services, you agree, represent, and warrant that:

  • You are eligible to use the Services, based on the requirements in the Terms.
  • You will use the Services for only lawful purposes, using only authorized means.
  • You will not use the Services for sending or storing any unlawful material or communications or for deceptive or fraudulent purposes.
  • You will not create, directly or indirectly, any collection, compilation, or other directory based on the Content displayed through the Services except for your personal, noncommercial use.
  • You will keep your account password and other credentials secure and confidential and not share them with any third party.
  • You will only use the Services for your own use and will not resell or re-license the Services to any other entity.
  • You will not “scrape” or extract any Content from the Services, and you will not copy any Content displayed through the Services for republication in any format or media, whether for commercial or other use, whether in a manual or automated manner.

General Prohibitions and Enforcement Rights

You agree not to do any of the following:

  • use, display, mirror or frame the Services or any individual element within the Services, Reflective's name, any Reflective trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Reflective's express written consent;
  • use the Services in any manner that violates federal, state, local, or international law or regulation, including without limitation any laws regarding the export of data or software to and from the US or other countries;
  • attempt to bypass, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Reflective, any of Reflective's providers, or any other third party (including another User) to protect the Services;
  • attack other Users through repeated unwanted interactions;
  • use the Services to post hate speech or content that encourages violence toward other people;
  • use the Services to repeatedly post content in a spam-like manner, or repeatedly tag other Users in an unwanted or spam-like manner;
  • access, tamper with, or use non-public areas of the Services, Reflective's computer systems, or the technical delivery systems of Reflective's providers;
  • attempt to probe, scan, or test the vulnerability of any Reflective system or network or breach any security or authentication measures;
  • impersonate or attempt to impersonate Reflective, any Reflective employee, contractor or agent, another User, or any other person or entity;
  • use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any material on the Services;
  • attempt to gain unauthorized access to, damage, disrupt, or interfere with any parts of the Services, or any server, computer or database connected to the Services;
  • attempt to decipher, decompile, disassemble, or reverse engineer the Services (including the App) or any of the software used to operate the Services;
  • collect or store any personally identifiable information from the Services; and/or
  • encourage or enable any other individual to do any of the foregoing.

Electronic Signatures

For some activities related to the Services, Reflective may permit you to use an internet-connected device to access your Accounts and policies, and to perform certain transactions as available. To facilitate this, you may be given the option to sign, consent to, or agree to certain documents requiring your signature (“Communications”) electronically by either checking the appropriate box or engaging in a similar online process. You agree that, by checking the appropriate box or engaging in a similar online electronic consent process, you are providing your electronic signature and agree to be bound by the terms and provisions in such Communication just as if you had signed your name to a paper document.

Copyright Policy

Under the Digital Millennium Copyright Act of 1998 (“DMCA”), if you believe in good faith that any content on the Services infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on our Services that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Services; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. You may read more information about the DMCA at copyright.gov/dmca.

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent (identified below): (a) your physical or electronic signature; (b) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (c) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (d) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal courts located within the state of New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Reflective will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion. Notices and counter-notices should be sent to our Copyright Agent at trust@kiosk.app. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice. In accordance with the DMCA and other applicable law, Reflective has adopted a policy of terminating, in appropriate circumstances and at Reflective's sole discretion, Users who are deemed to be repeat infringers. Reflective may also at its sole discretion limit access to the Services and/or terminate the registrations of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Disclaimers

The following disclaimers are made on behalf of Reflective, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE DO NOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU IF THOSE STATE LAWS APPLY. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, OR ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY OF THE SERVICES. WE ARE NOT RESPONSIBLE FOR ANY RESULTS OR ADVICE PROVIDED VIA THE SERVICES, AND WE EXPRESSLY DISCLAIM ALL LIABILITY WITH RESPECT THERETO.

Indemnity

To the extent permitted by law, you agree to indemnify, protect, and hold harmless Reflective and its parents, subsidiaries, affiliates, and assigns, and their respective officers, directors, employees, agents, representatives and service providers from any and all claims, demands, damages, suits, losses, liabilities and causes of action (including without limitation, the cost of defense, attorneys' fees, as well as the payment of any final judgment rendered against or settlement agreed upon by Reflective or its parent, subsidiary and/or affiliated companies) arising directly or indirectly from, as a result of, or in connection with: (i) your User Content; (ii) your violation of these Terms (or any such violation arising through use of your Account); (iii) your violation of any applicable laws, rules, or regulations related to your use of the Services; and (iv) your use of the Services. Reflective reserves the right, at its own cost, to assume the exclusive defense and control of any matter subject to indemnification by you. Should this occur, you agree to cooperate with Reflective in investigating and asserting any available defenses. Reflective will provide notice to you of any such claim, suit, or proceeding. You may not settle or compromise any claim against the indemnified parties without Reflective's written consent. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or releasing party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Limitation of Liability

NEITHER REFLECTIVE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF USER CONTENT, DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT REFLECTIVE OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL REFLECTIVE'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ONE HUNDRED US DOLLARS ($100). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN REFLECTIVE AND YOU. IF YOU ARE A RESIDENT OF NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMERS”, “INDEMNITY” AND “LIMITATION OF LIABILITY” ARE CONSTRUED ONLY AS BROADLY AS PERMITTED UNDER NEW JERSEY LAW. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER NEW JERSEY LAW THE INVALIDITY OF THAT PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

Jurisdictional Issues

Reflective makes no representation that the Services are appropriate or available to be used in your jurisdiction. If you choose to access the Services from your jurisdiction, you do so on your own initiative and are responsible for compliance with any applicable local, state, and federal laws, rules, and regulations.

Reliance on Information Posted

The information presented throughout the Services is made available for general information purposes only. Reflective does not warrant the accuracy, completeness, or usefulness of the information. We disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to or User of the Services, or by anyone who may be informed of any of its contents. Any reliance you place on such information is at your own risk.

User Disputes

You agree that you are solely responsible for your interactions with other Users in connection with the Service, and we have no liability or responsibility with respect thereto. Reflective reserves the right, but has no obligation, to become involved in any way with disputes between you and any other User of the Service.

Links to Third Party Websites or Resources

The Services may contain links to third-party websites or resources. We provide these links solely as a convenience and are not responsible for the content, products, or services on or available from those websites, or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

Communications Consent

You also agree that we may contact you by email to provide you with important announcements and other related communications relating to the Services, consistent with our Privacy Policy, using any email address you have provided to us or that you provide to us in the future.

Governing Law and Venue

Except as otherwise provided in the Dispute Resolution provision below, these Terms will be governed by the laws of the State of New York, without regard to its conflict of laws provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Reflective each hereby agree that each irrevocably submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within the Southern District of New York.

Dispute Resolution by Binding Arbitration

Please read this section carefully as it affects your rights.

1. Agreement to Arbitrate. This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Use as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Reflective, whether arising out of or relating to these Terms of Use (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Use, you and Reflective are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

2. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND REFLECTIVE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND REFLECTIVE AGREE OTHERWISE, THE ARBITRATOR MAY NOT PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. ALSO, 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), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION. NOTWITHSTANDING THIS ACKNOWLEDGEMENT AND AGREEMENT, YOU AGREE THAT ANY ARBITRATION INVOLVING YOU MAY PROCEED ON A CONSOLIDATED BASIS, BUT IT MAY DO SO IF AND ONLY IF REFLECTIVE PROVIDES ITS CONSENT TO CONSOLIDATE IN WRITING.

3. Pre-Arbitration Dispute Resolution. Reflective is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the User's satisfaction by emailing customer support at info@kiosk.app. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”) to Reflective Technologies, Inc., 348 4th Avenue #1072, Brooklyn, NY 11215 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Reflective and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Reflective may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Reflective or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Reflective is entitled.

4. Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's (“AAA”) rules and procedures, including the AAA's Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA's consumer arbitration page, adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Use as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Use and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless Reflective and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, Reflective agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

5. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Reflective will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Reflective will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Reflective will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys' fees will be governed by the AAA Rules.

6. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

7. Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Use will continue to apply.

8. Future Changes to Arbitration Agreement. You have the right to opt-out and not be bound by this Arbitration Agreement by sending Reflective written notice within thirty (30) calendar days of (a) October 2024 or (b) your first use of the Services, whichever is later.

Termination

You agree that Reflective may suspend or terminate your Account (or any part thereof) or use of the Service and remove and discard any content within the Service, in its sole discretion, for any reason, including for lack of use or if we believe that you violated or acted inconsistently with the letter or spirit of these Terms of Use. Any suspected fraudulent, abusive, or illegal activity may be grounds for termination of your use of the Service, and may be referred to appropriate law enforcement authorities. Reflective may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You further agree that we may terminate your access to the Service under any provision of these Terms of Use without prior notice, and acknowledge and agree that we may immediately deactivate and/or delete your Account and all related information and files in your Account, and/or bar any further access to such files or the Service. Further, you agree that Reflective will not be liable to you or any third party for any termination of your access to the Service.

Waiver of Rights

Reflective's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Reflective. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Entire Terms

Except as otherwise stated herein or otherwise amended and agreed to by you and Reflective, these Terms comprise the entire and exclusive understanding and agreement between Reflective and you regarding your use of the Services. These Terms supersede and replace any and all prior oral or written understandings or agreements between Reflective and you regarding the use of the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect—except as otherwise described in Dispute Resolution by Binding Arbitration section. You may not assign or transfer these Terms, by operation of law or otherwise, without Reflective's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will have no legal effect. Reflective may freely assign or transfer these Terms without restriction, including without limitation to any successor in interest or acquirer of all or substantially all of our assets. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notice for California Users

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at dca@dca.ca.gov; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us at info@kiosk.app.

U.S. Government Restricted Rights

The Services are made available to the U.S. government with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Access or use of the Services (including the software that enables the Services) by the U.S. government constitutes acknowledgement of our proprietary rights in the Services (including such software).

Contact Us

If you have any questions about these Terms or the Services, please contact us at info@kiosk.app.