TERMS OF USE

Last updated: July 19, 2023

These Terms of Use govern the use of the electronic platform offered by TAMMIRA® Inc.(“TAMMIRA® ”, “we”, “our”, or “us”), a California corporation, through TAMMIRA’s mobile application (the “Application”). TAMMIRA provides the Application, and various services, features, or functionalities jointly offered through our Application (collectively, the “TAMMIRA Platform”) to our Users (“you”, “User” or “Users”), subject to your compliance with all the terms, conditions, and notices contained or referenced herein (collectively, the "Terms of Use"), as well as our Privacy Policy (the “Privacy Policy”) available here, and any other written agreement between us and you. Please read these Terms of Use. By downloading, accessing, or using the TAMMIRA Platform, you accept and agree to be bound by these Terms of Use, our Privacy Policy, and any future amendments and additions to these Terms of Use as we may publish from time to time. The TAMMIRA Privacy Policy is incorporated into these Terms of Use. By accepting these Terms of Use, you agree to the collection, use, and sharing of your information through the TAMMIRA Platform in accordance with the Privacy Policy. Please read these Terms of Use carefully before accessing, viewing or using, either directly or indirectly, the TAMMIRA Platform. These Terms of Use affect your legal rights and obligations, so if you do not agree to these Terms of Use, do not use the TAMMIRA Platform. In the event you use a service, feature, or functionality that is operated by a third party and made available through the TAMMIRA Platform, each of such party’s terms will govern as to the respective party’s relationship with you.

You must be thirteen (13) years of age or older and, if you are not an adult in the jurisdiction in which you reside (typically eighteen (18) years of age in United States), you have the consent and approval of your parent or legal guardian to use the TAMMIRA Platform and that your parent or legal guardian has accepted these Terms of Use on your behalf. In addition, you represent and warrant that you have the right, authority and capacity to enter into and abide by these Terms of Use, and that you will so abide. Where you enter into these Terms of Use on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to these Terms of Use. You are required to agree to and accept these Terms of Use, including the Privacy Policy, in order to access and use the TAMMIRA Platform.

These Terms of Use include, but are not limited to:

Your agreement that the TAMMIRA Platform is provided “as is” and without warranty (Section 16).
Your agreement that TAMMIRA has significant limitations on liability regarding the TAMMIRA Platform (Section 17).
Your acknowledgment and agreement that TAMMIRA does not supervise, direct, or control an Advisor’s work or Service Requests in any manner (Section 1) and TAMMIRA has no liability regarding the performance of Service Requests.
Your consent to release TAMMIRA from liability based on claims between Users (Section 2) and generally (Section 18).
Your agreement to indemnify TAMMIRA from claims due to your use or inability to use the TAMMIRA Platform or content submitted from your account to the TAMMIRA Platform (Section 18)
Your consent that no claims can be adjudicated on a class basis (Section 19).

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND TAMMIRA WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, UNLESS YOU CHOOSE TO OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN THE ARBITRATION PROVISION BELOW (SECTION 20). BY VIRTUE OF YOUR ACCEPTANCE OF THESE TERMS OF USE, YOU WILL BE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE PROVISIONS OF THESE TERMS OF USE.

1. TAMMIRA® Platform Connects Advisors and Consumers

The TAMMIRA Platform is a web-based communications platform that enables connection between individuals seeking to obtain personalized wellness and beauty consulting services in conjunction with yoga, meditation, nutrition, fitness, therapy, makeup, skincare, hair, nails, coloring, fragrance and other wellness and beauty products (“Consumers” (who are sometimes in other contexts on the TAMMIRA Platform called “Customers”, “Learners”, “Users”), and individuals providing personalized wellness and beauty consulting services (“Advisors” (who are sometimes in other contexts on the TAMMIRA Platform referred to as “Personalizers™”, “Experts”, “Advisors”, “Creators”, “Coaches”, “Providers”, “Educators”, “Specialists”, “Subject Matter Experts”).

Consumers submit requests for personalized wellness and beauty consulting services (“Service Requests”) directly to Advisors and are therefore, clients of Advisors. Both Consumers and Advisors together are hereinafter referred to as “Users.” If you agree on the terms of a Service Request with another User, you and such other User form a Service Agreement directly between the two of you as set forth in more detail in Section 3 below.

TAMMIRA DOES NOT PERFORM SERVICE REQUESTS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM SERVICE REQUESTS. TAMMIRA DOES NOT SUPERVISE, DIRECT OR CONTROL AN ADVISOR’S WORK OR THE SERVICE REQUESTS IN ANY MANNER, WHICH ADVISOR AND CONSUMER HEREBY ACKNOWLEDGE.

The TAMMIRA Platform only enables connections between Users for the fulfillment of Service Requests. TAMMIRA is not responsible for the performance of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Service Requests, Advisors, Consumers, nor of the integrity, responsibility, qualifications or any of the actions or omissions whatsoever of any Users. TAMMIRA makes no representations about the suitability, reliability, timeliness, quality, or accuracy of the Service Requests requested or of services provided by Advisors identified through the TAMMIRA Platform whether in public, private, or offline interactions.

2. User Vetting

Users may be subject to a vetting process before they can register for and during their use of the TAMMIRA Platform, including but not limited to a verification of identity and may be asked to submit to, as a condition of using the TAMMIRA Platform, a comprehensive criminal background check, at the Country, State and local level, using third-party services as appropriate. Users may be asked, as a condition of using the TAMMIRA Platform, to give consent to TAMMIRA to conduct background checks as often as required in compliance with federal and state laws, including, without limitation, the Fair Credit Reporting Act.

Although TAMMIRA may perform background checks of Users, as outlined above, TAMMIRA has no obligation to perform such checks and cannot confirm that each User is who they claim to be and therefore, TAMMIRA cannot and does not assume any responsibility for the accuracy or reliability of identity or background of any User or of any information provided through the TAMMIRA Platform. If any background checks are performed, such checks will be for very limited purposes and solely for specific issues related to and for the sole benefit of, TAMMIRA. No User may rely on this process. All Users are hereby expressly urged to make an independent determination and verification of the background, identity, qualifications, character and other traits of any other User with whom they might interact through the TAMMIRA Platform.

When interacting with other Users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you do not know.

NEITHER TAMMIRA NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE TAMMIRA PLATFORM, AND YOU HEREBY RELEASE TAMMIRA AND ITS AFFILIATES AND LICENSORS FROM ANY LIABILITY RELATED THERETO. TAMMIRA AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE TAMMIRA PLATFORM.

3. Arrangement between Consumers and Advisors

You acknowledge and agree that an arrangement (the “Service Agreement”) is formed when you agree on the terms of a Service Request with another User. The terms of the Service Agreement include the terms set forth in this Section 3 and any other contractual terms accepted by both the Consumer and the Advisor to the extent such terms do not conflict with the terms in this Section 3 and do not expand TAMMIRA’s obligations or restrict TAMMIRA’s rights under these Terms of Use. You agree that TAMMIRA is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstance, create an employment or other service relationship between TAMMIRA and the Advisor.

The Consumer shall pay for completed Service Request services through the PSP (as defined below in Section 4) as indicated on the TAMMIRA Platform at the rates agreed to before the Service Request is completed. Such rates shall be negotiated between the Consumer and Advisor and shall be agreed upon before the Advisor begins work on the Service Request. Both parties agree to notify TAMMIRA of any disputes prior to negotiation of or filing of any claims.

4. Billing and Payment

Users of the TAMMIRA Platform arrange for Service Requests directly with other Users. TAMMIRA will not be a party to any arrangements, agreements or contracts for Service Requests or services. Consumers may interact with other Consumers free of charge, but Service Agreements made between Consumers and Advisors shall be subject to fees on any transaction arising out of such Service Agreements. Payment for services arising out of a Service Agreement made on or through the TAMMIRA Platform is made from the Consumer to the Advisor and not by TAMMIRA.

Users of the TAMMIRA Platform will be required to provide their credit card or bank account details to TAMMIRA and the Payment Service Provider retained by TAMMIRA (the “PSP”). Consumers will be responsible for paying the invoice for each Service Agreement (the “Invoice”), which will include (i) the pricing terms of the Service Agreement agreed with and provided by an Advisor (“Payment Request”), (ii) any out-of-pocket expenses agreed with and submitted by an Advisor in connection with the Service Agreement, and (iii) any tip or gratuity, if applicable. For any completed Service Agreement, the Consumer shall have the option of filling out a review of the Advisor(s) with which that Service Agreement was completed if, and only if, the Payment Request of that Service Agreement was of an amount greater than $5. Advisors will pay a service charge for use of the TAMMIRA Platform (“Advisor Fee”), which TAMMIRA will assess on each Payment Request. The Advisor Fee is 30% of the Payment Request amount, although TAMMIRA reserves the right, in its sole and absolute discretion, to discount the Advisor Fee paid by any particular Advisor on any Payment Request under circumstances that TAMMIRA determines are appropriate. The Advisor Fee will not be raised above 30% for any reason, including, but not limited to, a Consumer’s use of a promotional code.

All Users may be required to register with the PSP (currently, Stripe), agree to Terms of Use of the PSP (“PSP Terms”) and go through a vetting process, if any, at the request of the PSP to set up their account with the PSP. Terms of Use between Users and the PSP retained by TAMMIRA are available here. By accepting the PSP Terms, each User agrees that they have carefully and thoroughly reviewed and agreed to the PSP Agreement. Please note that TAMMIRA is not a party to the PSP Agreement and that the Advisor, the PSP and any other parties listed in the PSP Agreement are the parties to the PSP Agreement and that TAMMIRA has no obligations or liability to any Advisor under the PSP Agreement.

When Consumer receives confirmation through the TAMMIRA Platform or via email that a Service Request has been completed, Consumer automatically authorizes TAMMIRA to provide Consumer's payment details to the PSP for processing of Payment Request and out-of-pocket expenses owed to the Advisor, after a reasonable period of time following the completion of the Service Request as determined by TAMMIRA in its sole and absolute discretion. Except on the first cancellation, and except during the first two (2) minutes of a Service Request, Consumer may be charged a cancellation fee through the PSP if Consumer books a Service Request but cancels it before it is completed, as set forth in the Service Request pricing terms.

Any payments owed to and paid to TAMMIRA, including but not limited to the Advisor Fee, are final and non-refundable, unless otherwise determined by TAMMIRA in its sole and absolute discretion. Although TAMMIRA may on occasion, in its sole and absolute discretion, decide to alter this this policy on a case by case basis due to unusual or unanticipated circumstances, any such action shall not alter or limit TAMMIRA’s ability to enforce this policy in all other circumstances.

TAMMIRA reserves the right, in its sole discretion (but not the obligation), upon request from Consumer or Advisor or upon notice of any potential fraud, unauthorized charges or other misuse of the TAMMIRA Platform, to (i) place on hold any Payment Request and out-of-pocket expenses, or (ii) refund, provide credits or arrange for the PSP to do so.

Payment Request and fees must be paid through the PSP as indicated on the TAMMIRA Platform.

Users of the TAMMIRA Platform will be liable for any taxes (including VAT, if applicable) required to be paid on the Service Request services provided under these Terms of Use (other than taxes on TAMMIRA’s income).

5. Modifications to the TAMMIRA Platform or Terms of Use

TAMMIRA reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of these Terms of Use (including the Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the TAMMIRA Platform or any content or information through the TAMMIRA Platform at any time, effective with or without prior notice and without any liability to TAMMIRA. TAMMIRA will endeavor to notify you of these changes by email, but will not be liable for any failure to do so. If any future changes to these Terms of Use are unacceptable to you or cause you to no longer be in compliance with these Terms of Use, you must terminate, and immediately stop using, the TAMMIRA Platform. Your continued use of the TAMMIRA Platform following any revision to these Terms of Use constitutes your complete and irrevocable acceptance of any and all such changes. TAMMIRA may change, modify, suspend, or discontinue any aspect of the TAMMIRA Platform at any time without notice or liability. TAMMIRA may also impose limits on certain features or restrict your access to parts or all of the TAMMIRA Platform without notice or liability. Notwithstanding the foregoing, any change or modification to these Terms of Use that materially alters your rights or remedies will be applied prospectively and will not alter your legal rights or remedies with respect to actions taken or incidents occurring prior to any such change.

6. Release

The TAMMIRA Platform is only a venue for connecting Users. Because TAMMIRA is not involved in the actual contact between Users or in the completion of the Service Request, in the event that you have a dispute with one or more Users, you release TAMMIRA and its affiliates (and their respective members, officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

TAMMIRA EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS TAMMIRA PLATFORM.

TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

7. Public Areas; Acceptable Use

The TAMMIRA Platform may contain profiles, email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, videos, communities and/or other message or communication facilities (“Public Areas”) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and material that are relevant and proper to the applicable forum. For the safety and integrity of the TAMMIRA Platform, you may not share your personal contact information with other Users.

Without limitation, while using the TAMMIRA Platform, you may not:

Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including TAMMIRA staff, or use information learned from the TAMMIRA Platform or during the performance of Service Requests to otherwise defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of any other User or TAMMIRA staff outside of the TAMMIRA Platform.
Publish, post, upload, distribute, or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material, or information
Use the TAMMIRA Platform for any purpose, including, but not limited to posting or completing a Service Request, in violation of local, state, national, or international law
Post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
Impersonate another person or a User or allow any other person or entity to use your identification to post or view comments.
Post the same Service Request repeatedly (“Spamming”). Spamming is strictly prohibited.
Imply or state that any statements you make are endorsed by TAMMIRA, without the prior written consent of TAMMIRA
Use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape, or index the TAMMIRA Platform in any manner.
Hack or interfere with the TAMMIRA Platform, its servers, or any connected networks.
Adapt, alter, license, sublicense, or translate the TAMMIRA Platform for your own personal or commercial use
Remove or alter, visually or otherwise, any copyrights, trademarks, or proprietary marks and rights owned by TAMMIRA.
Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones, or promotes racism, bigotry, sexism, ageism, hatred, discrimination based on sexual orientation, or physical harm of any kind against any individual or group of individuals.
Upload content that provides materials or access to materials that exploit people under the age of eighteen (18), or any other individual, in an abusive, violent, or sexual manner.
Use the TAMMIRA Platform to solicit for any other business, website, or service, or otherwise contact Users for employment, contracting, or any purpose not related to use of the TAMMIRA Platform as set forth herein.
Use the TAMMIRA Platform to collect usernames and or/email addresses of Users by electronic or other means.
Attempt to circumvent the payments system or service fees in anyway including, but not limited to, processing payments outside of the platform, including inaccurate information on invoices, or otherwise invoicing in a fraudulent manner.
Register under different usernames or identities after your account has been suspended or terminated, or register under multiple usernames or identities.
Cause any third party to engage in the restricted activities above.

You understand that all submissions made to Public Areas will be public and that you may be publicly identified by your name or login identification when communicating in Public Areas, and TAMMIRA will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.

8. Termination and Suspension

TAMMIRA may terminate or suspend your right to use the TAMMIRA Platform in the event that we believe that you have breached these Terms of Use (a “User Breach”) by providing you with written or email notice of such User Breach and such termination or suspension, and termination or suspension will be effective immediately upon delivery of such notice.

If TAMMIRA terminates or suspends your right to use the TAMMIRA Platform as a Consumer for a User Breach, you will be entitled to a refund of any unused balance in your account, less all outstanding payments, including, but not limited to, Payment Requests and Advisor Fees, if any. You are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, TAMMIRA reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Even after your right to use the TAMMIRA Platform is terminated or suspended, these Terms of Use will remain enforceable against you.

TAMMIRA reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the TAMMIRA Platform at its sole discretion. Except for refundable fees you have advanced to TAMMIRA (if any), TAMMIRA is not liable to you for any modification or discontinuance of all or any portion of the TAMMIRA Platform. Notwithstanding anything to the contrary in this Section 8, TAMMIRA has the right to restrict anyone from completing registration as an Advisor if TAMMIRA believes such person may threaten the safety and integrity of the TAMMIRA Platform, or if, in TAMMIRA’s discretion, such restriction is necessary to address any other reasonable business concern, or for any other reason

You may terminate these Terms of Use at any time by ceasing all use of the TAMMIRA Platform. All sections that by their nature should survive the expiration or termination of these Terms of Use shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms of Use.

9. Account, Password, Security

You must register with TAMMIRA and create an account to use various features of the TAMMIRA Platform. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password and account number provided by you or TAMMIRA for accessing the TAMMIRA Platform. You are solely and fully responsible for all activities that occur under your password or account. TAMMIRA has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you shall contact TAMMIRA immediately.

10. Your Information and Likeness

“Your Information” is defined as any information, images and materials you provide to TAMMIRA or other Users in connection with your registration for and use of the TAMMIRA Platform, including without limitation that posted or transmitted for use in Public Areas. You are solely responsible for Your Information, and we act merely as a passive conduit for your online distribution and publication of Your Information. The information and materials described in this Section, as provided by each User, is collectively referred to herein as “User Generated Content.”

You hereby represent and warrant to TAMMIRA that Your Information (a) will not be false, inaccurate, incomplete, or misleading; (b) will not be fraudulent; (c) will not infringe any third party's copyright, patent, trademark, trade secret, or other proprietary right or rights of publicity or privacy; (d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising); (e) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain child pornography or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; and (h) will not create liability for TAMMIRA or cause TAMMIRA to lose (in whole or in part) the services of its ISPs or other partners or suppliers.

The TAMMIRA Platform hosts User Generated Content relating to reviews and ratings of specific Advisors (“Feedback”). Such Feedback is such User’s opinion and not the opinion of TAMMIRA, has not been verified or approved by TAMMIRA and each Consumer should undertake their own research to be satisfied that a specific Advisor is the right person for a Service Request. You agree that TAMMIRA is not liable for any Feedback or other User Generated Content. TAMMIRA encourages each User to give objective, constructive and honest Feedback about the other Users with whom they have transacted. TAMMIRA does not investigate any remarks posted by Users for accuracy or reliability but may do so if a User requests that TAMMIRA do so.

You hereby grant TAMMIRA a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights you have in Your Information, in any media now known or not currently known in order to perform and improve upon the TAMMIRA Platform.

Each User hereby waives all rights and releases TAMMIRA from, and shall neither sue nor bring any proceeding against any such parties for, any claim or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of such Advisor’s identity, likeness or voice in connection with the TAMMIRA Platform.

Each User acknowledges that TAMMIRA shall not owe any financial or other remuneration for using the recordings provided hereunder by such Advisor, either for initial or subsequent transmission or playback, and further acknowledges that TAMMIRA is not responsible for any expense or liability incurred as a result of such Advisor’s recordings or participation in any recordings, including any loss of such recording data.

11. Links to Other Websites

The TAMMIRA Platform may contain links (such as hyperlinks) to third-party websites. Such links do not constitute the endorsement by TAMMIRA of those sites or their content. They are provided as an information service, for reference and convenience only. TAMMIRA does not control any such websites, and is not responsible for their (1) availability or accuracy, or (2) content, advertising, or products or services. The existence of links on the TAMMIRA Platform to such websites (including without limitation external websites that are framed by the TAMMIRA Platform as well as any advertisements displayed in connection therewith) does not mean that TAMMIRA endorses any of the material on such websites, or has any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites.

The use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites, and not by TAMMIRA’s Terms of Use or Privacy Policy. You access such third-party websites at your own risk. TAMMIRA expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the TAMMIRA Platform. You hereby agree to hold TAMMIRA harmless from any liability that may result from the use of links that may appear on the TAMMIRA Platform.

12. Worker Classification and Withholdings

AS SET FORTH IN SECTION 1, TAMMIRA DOES NOT PERFORM SERVICE REQUESTS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM SERVICE REQUESTS.

Each User assumes all liability for proper classification of such User’s workers based on applicable legal guidelines.

Users do not have authority to enter into any written or oral—whether implied or express— agreements, arrangements or contracts on behalf of TAMMIRA. Each User acknowledges that TAMMIRA does not, in any way, supervise, direct, or control an Advisor’s work or Service Requests performed in any manner. TAMMIRA does not set an Advisor’s work hours or location of work. TAMMIRA will not provide any equipment, labor or materials needed for a particular Service Request. TAMMIRA does not provide any supervision to Users.

The TAMMIRA Platform is not an employment service and TAMMIRA is not an employer of any User. As such, TAMMIRA is not responsible for and will not be liable for any tax payments or withholding, including but not limited to unemployment insurance, social security, disability insurance or any other applicable federal or state withholdings in connection with your use of Users’ Service Request services.

Consumer agrees to indemnify, hold harmless and defend TAMMIRA from any and all claims that an Advisor who performed a Service Request for that Consumer was misclassified as an independent contractor, any liabilities arising from a determination by a court, arbitrator, government agency or other body that such Advisor was misclassified as an employee (including, but not limited to, taxes, penalties, interest and attorney’s fees), any claim that TAMMIRA was an employer or joint employer of such Advisor, any claims under any applicable employment-related laws, such as, without limitation, those relating to employment termination, employment discrimination, harassment or retaliation, as well as, without limitation, any claims for unpaid wages, withholdings, overtime pay, failure to provide meal and rest breaks, sick leave, holiday or vacation pay, retirement benefits, worker's compensation benefits, unemployment benefits, or any other employee benefits.

13. Consumer and Advisor Exclusivity Agreement

Users shall make all payments relating to, or in any way connected with, a Service Request through the TAMMIRA Platform, specifically TAMMIRA’s designated PSP. Any action that encourages or solicits a circumvention of payment to TAMMIRA or is designed to have any User make any payment outside of the TAMMIRA Platform arising out of a Service Request, a Service Agreement or a connection to another User formed through the TAMMIRA Platform is a violation of these Terms of Use. Should a User be found in violation of this Section 13 of the Terms of Use, it will pay TAMMIRA fees equal to the greater of (a) $2,500, or (b) the applicable fees had the payments been processed through the TAMMIRA Platform plus eighteen percent (18%) per annum. Consumer shall immediately notify TAMMIRA if an Advisor requests that Consumer make a payment directly to the Advisor or through any channels other than those provided or specified by TAMMIRA. Advisor shall not accept any payments relating to a Service Request (including, without limitation, bonuses or tips) from a Consumer directly or through any payment channels other than the TAMMIRA PSP. Advisor shall immediately notify TAMMIRA if a Consumer attempts to make a payment to Advisor directly or through any payment channels other than those provided or specified by TAMMIRA.

14. Intellectual Property Rights

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that Users see or read through the TAMMIRA Platform is owned by TAMMIRA, excluding User Generated Content that TAMMIRA has the right to use. Proprietary Material is protected in all forms, media, and technologies now known or hereinafter developed. TAMMIRA owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the TAMMIRA Platform without TAMMIRA’s express prior written consent and, if applicable, the holder of the rights to the User Generated Content. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of TAMMIRA and, if applicable, the holder of the rights to the User Generated Content.

The service marks and trademarks of TAMMIRA, including without limitation TAMMIRA and TAMMIRA logos are service marks owned by TAMMIRA. Any other trademarks, service marks, logos and/or trade names appearing via the TAMMIRA Platform 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.

15. Confidential Information

You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of TAMMIRA and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify TAMMIRA in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to TAMMIRA upon termination of these Terms of Use for any reason whatsoever.

The term “Confidential Information” shall mean any and all of TAMMIRA’s confidential and proprietary information and all other information and data of TAMMIRA that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical, financial, strategic and other proprietary and confidential information relating to TAMMIRA’s business, operations and properties, including information about TAMMIRA’s Users or partners, or other business information disclosed directly or indirectly in writing, orally, or by drawings or observation.

16. Disclaimer of Warranties

USE OF THE APPLICATION AND TAMMIRA PLATFORM ARE ENTIRELY AT YOUR OWN RISK.

THE TAMMIRA PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TAMMIRA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE TAMMIRA PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE TAMMIRA PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE TAMMIRA PLATFORM, OR (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. TAMMIRA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE OFFERED BY AN ADVISOR THROUGH THE TAMMIRA PLATFORM, ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TAMMIRA PLATFORM, OR ANY HYPERLINKED WEBSITE OR SERVICE FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TAMMIRA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRDPARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

WITHOUT LIMITING THE FOREGOING, NEITHER TAMMIRA NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE TAMMIRA PLATFORM WILL BE UNINTERRUPTED OR THAT THE TAMMIRA PLATFORM WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TAMMIRA PLATFORM, OR AS TO THE TIMELINESS, QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENT OF ANY REQUEST OR SERVICE, INFORMATION, OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE TAMMIRA PLATFORM.

NEITHER TAMMIRA NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER.

NEITHER TAMMIRA NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE TAMMIRA PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.

TAMMIRA AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED, OR USED BY OTHERS.

IN ADDITION, NOTWITHSTANDING ANY FEATURE A CONSUMER MAY USE TO EXPEDITE TAMMIRA SELECTION, EACH CONSUMER IS RESPONSIBLE FOR DETERMINING THE SERVICE REQUEST AND SELECTING THEIR ADVISOR AND TAMMIRA DOES NOT WARRANT ANY SERVICES PURCHASED BY A CLIENT AND DOES NOT RECOMMEND ANY PARTICULAR ADVISOR. TAMMIRA DOES NOT PROVIDE ANY WARRANTIES OR GUARANTEES REGARDING ANY ADVISOR’S PROFESSIONAL ACCREDITATION, REGISTRATION OR LICENSE.

17. No Liability

YOU ACKNOWLEDGE AND AGREE THAT TAMMIRA IS ONLY WILLING TO PROVIDE THE TAMMIRA PLATFORM IF YOU AGREE TO LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD TAMMIRA, ITS MEMBERS, ITS AFFILIATES, ITS LICENSORS, ITS PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE TAMMIRA PLATFORM (OTHER THAN IN THE CASE OF INTENTIONAL MISCONDUCT BY THE PARTY YOU MIGHT SEEK TO HOLD LIABLE), INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT, OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY TAMMIRA OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.

UNDER NO CIRCUMSTANCES WILL TAMMIRA, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE TAMMIRA PLATFORM OR THE SERVICE REQUEST SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

TAMMIRA DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE TAMMIRA PLATFORM. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT TAMMIRA OR ITS PARTNERS IN PROMOTIONS, AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED $1,000.

18. Indemnification

By agreeing to these Terms of Use you agree to indemnify, defend, and hold harmless TAMMIRA, our members, employees, agents, affiliates, licensors, and licensees (the “TAMMIRA Parties”) from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) on account of any claim, suit, action, demand, or proceeding made or brought against TAMMIRA or any such other party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with (a) your access to or use of the TAMMIRA Platform; (b) any User Content you post, upload, use, distribute, store, or otherwise transmit; (c) your violation of these Terms of Use; (d) your violation of the rights of another, including without limitation, any intellectual property right, publicity, confidentiality, privacy, or propriety right; or (e) your violation of any statutes, codes, ordinances, laws, rules, regulations, including without limitation, all regulatory, administrative, and legislative authorities.

19. Dispute Resolution

ARBITRATION AGREEMENT; CLASS WAIVER; WAIVER OF TRIAL BY JURY.PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH TAMMIRA, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

Applicability of Arbitration Agreement.All claims, controversies, and disputes in connection with these Terms of Use or the breach, termination, enforcement, interpretation, or validity thereof or the use of the TAMMIRA Platform provided by TAMMIRA that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms set forth below (the “Arbitration Agreement”), except that you and TAMMIRA are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. This Arbitration Agreement applies to you and TAMMIRA, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized Users or beneficiaries of services or goods provided under these Terms of Use
Arbitration Rules.The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules conflict with these Terms of Use (“Arbitration Rules”). The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than ten thousand U.S. dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is ten thousand U.S. dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Additional Rules for Non-appearance Based Arbitration.If non-appearance arbitration is elected as provided above, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/aaa/ShowPDF?doc=ADRSTG0 04175 and a separate form for California residents at www.adr.org/aaa/ShowPDF?doc= ADRSTG015822). The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location.Unless you and TAMMIRA otherwise agree, the arbitration will be conducted in Los Angeles County, California
Authority of the Arbitrator.The arbitrator will decide the rights and liabilities, if any, of you and TAMMIRA, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Terms of Use. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and TAMMIRA.
Fees.Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Waiver of Jury Trial. YOU AND TAMMIRA HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and TAMMIRA in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND TAMMIRA WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions.ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Notwithstanding any other provision in these Terms of Use, in the event that this subparagraph is deemed invalid or unenforceable, neither you nor we are entitled to arbitration and instead all claims and disputes shall be resolved in a court located in Los Angeles County, California
Confidentiality.No part of the procedures shall be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order or unless required by law. Notwithstanding the foregoing, no party shall be prevented from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Right to Waive.Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Small Claims Court.Notwithstanding the foregoing, either you or TAMMIRA may bring an individual action in small claims court.
Courts.In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in Los Angeles County, California, for such purpose
Survival.This Arbitration Agreement will survive the termination of your relationship with TAMMIRA.
Changes.Notwithstanding the provisions of the modification-related provisions above, if TAMMIRA changes this "Dispute Resolution" section after the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use), you may reject any such change by providing TAMMIRA written notice of such rejection by mail or hand delivery to: TAMMIRA Inc., Attn: Dispute Resolutions, 15446 Brookhurst Street, Westminster, California 92683, or by email from the email address associated with your Account to: hello@tammira.com, within thirty (30) days of the date such change became effective, as indicated in the "Last update" date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and TAMMIRA in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use).

FORUM AND VENUE.

You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed, and that venue properly lies, only in state or federal courts located in Los Angeles County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You and TAMMIRA agree that the jurisdiction and venue of these courts is exclusive.

20. Governing Law

Any dispute between you and TAMMIRA will be governed by these Terms of Use and the laws of the State of California and applicable United States law, without giving effect to any conflict-of laws principles that may provide for the application of the law of another jurisdiction.

TAMMIRA controls and operates the TAMMIRA Platform from its principal place of business in the United States of America, and the TAMMIRA Platform is hosted in the United States. If you are a User visiting the United States from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the TAMMIRA Platform, which is governed by U.S. law, you are transferring your personal information to the United States and you consent to that transfer.

21. No Agency

No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms of Use.

22. General Provisions

Failure by TAMMIRA to enforce any provision(s) of these Terms of Use will not be construed as a waiver of any provision or right. These Terms of Use constitute the entire agreement between you and TAMMIRA with respect to its subject matter. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. These Terms of Use may not be assigned or transferred by you without our prior written approval. We may assign or transfer these Terms of Use without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. These Terms of Use will inure to the benefit of TAMMIRA, its successors and assignees.

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AND AGREE THAT MY USE OF THE APPLICATION AND TAMMIRA PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THESE TERMS OF USE.