Terms of Service

IMPORTANT NOTICE: THESE TERMS INCLUDE A BINDING ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER IN SECTION 21. UNLESS YOU OPT OUT WITHIN 30 DAYS AS DESCRIBED IN SECTION 21.12, MOST DISPUTES BETWEEN YOU AND DROPTILE MUST BE RESOLVED THROUGH INDIVIDUAL ARBITRATION, NOT IN COURT. SECTIONS 18 AND 19 DISCLAIM WARRANTIES AND LIMIT OUR LIABILITY TO YOU. PLEASE READ THEM CAREFULLY.

1. Accepting These Terms

These Terms of Service ("Terms") are a binding agreement between you and Superpose, LLC, doing business as DropTile ("DropTile," "we," "us," or "our"). They govern your access to and use of the DropTile apps, droptile.com, and related puzzle, profile, creation, event, and sharing services (together, the "Service").

You accept these Terms when you check the box or tap the button indicating that you agree, either when you create an account or when we ask you to accept updated Terms. Where permitted by law, you also accept these Terms by accessing or using the Service. If you do not agree, do not use the Service.

If you are under 18, you may use the Service only as described in Section 2.2, and your parent or legal guardian must also agree to these Terms. If you use or manage a guardian-managed creator account, Section 3 also applies.

Our Privacy Policy explains how we handle personal information. The Privacy Policy, any event rules, and any additional guidelines or feature terms we present to you are part of these Terms.

"DropTile Parties" means Superpose, LLC, its affiliates, and each of their members, managers, officers, employees, contractors, agents, licensors, successors, and assigns.

2. Eligibility and Accounts

2.1 Minimum age. You must be at least 13 years old to use the Service. If your location or platform sets a higher minimum age or requires a parent's or guardian's permission, you must meet that requirement.

2.2 Teens and parental agreement. If you are at least 13 but under 18 (or under the age of majority where you live, if higher), you may use the Service only if your parent or legal guardian has reviewed these Terms and agrees to them. A parent or legal guardian who allows a teen to use the Service:

• (a) agrees to these Terms, including Section 21 (Dispute Resolution), on their own behalf and on the teen's behalf;
• (b) is responsible for the teen's use of the Service and the teen's compliance with these Terms; and
• (c) is responsible for any purchases made on the teen's account.

If you are a parent or guardian and do not agree to these Terms, do not allow your teen to use the Service. Contact support@droptile.com to close the teen's account.

2.3 Creator eligibility. Creating, uploading, and publishing Drops is available only to:

• (a) users who are at least 18 years old, or the age of majority where they live if higher; and
• (b) guardian-managed creator accounts that meet the requirements of Section 3.

Creator features may require additional verification, approval, or feature access. We may grant, limit, or withdraw creator access in our sole discretion.

2.4 Accurate information and verification. You represent that all information you give us is accurate and complete, including your age, age range, identity, and, if applicable, guardian status.

• We may rely on age and eligibility signals from app stores, platform providers, and sign-in providers.
• We may ask for information to verify your age, identity, eligibility, or guardianship at any time.
• We may restrict, suspend, or terminate your account if we believe information you provided is inaccurate or if we cannot verify it.

2.5 Account security and responsibility. Keep your sign-in credentials secure and do not share them. You are responsible for all activity that occurs under your account. Notify support@droptile.com immediately if you suspect unauthorized access. To the fullest extent permitted by law, we are not liable for any loss arising from unauthorized use of your account.

2.6 Your account is personal to you. You may not:

• impersonate anyone;
• create an account for someone else, except a guardian-managed account under Section 3;
• share an account to get around restrictions;
• use another person's account without authorization; or
• sell, rent, or transfer your account.

2.7 Organizations. If you use the Service for an organization, you represent that you have authority to bind that organization to these Terms. In that case, "you" includes the organization.

2.8 Availability. Sign-in options and feature availability may vary by release, device, region, and account status. An account is required to play in the app. Optional profile details and feature permissions are not required to create an account. Public website pages and shared previews may be available without an account. If you access them without an account, these Terms apply to that use to the extent permitted by law.

3. Guardian-Managed Creator Accounts

3.1 What they are. A parent or legal guardian who is at least 18 years old (the "Guardian") may open and own a creator account on behalf of their child or ward who is at least 13 and under 18 (the "Supervised Creator"). Children under 13 may not use, operate, or access a guardian-managed account or any creator feature.

3.2 The Guardian is the account holder. The Guardian is the account holder for all purposes. The Guardian agrees to these Terms on the Guardian's own behalf and on behalf of the Supervised Creator. When these Terms apply to a guardian-managed account, "you" includes both the Guardian and the Supervised Creator. The Supervised Creator must also follow these Terms.

3.3 Guardian promises. The Guardian represents and warrants that:

• (a) the Guardian is the Supervised Creator's parent or legal guardian and has legal authority to act and consent on the Supervised Creator's behalf;
• (b) the Supervised Creator is at least 13 years old;
• (c) all information about the Guardian and the Supervised Creator is accurate;
• (d) the Guardian consents to the Supervised Creator's participation in the Service, to the Supervised Creator's appearance in content, and to the licenses in Sections 6 and 8 covering the Supervised Creator's content, name, image, likeness, and voice;
• (e) the Guardian will supervise the Supervised Creator's use of the Service, including creating and publishing content; and
• (f) the Guardian will keep the account credentials under the Guardian's control.

3.4 Guardian responsibility. The Guardian is responsible for all activity on the account and all content uploaded, published, or shared through it. This includes content the Supervised Creator creates or appears in. The Guardian is also responsible for the obligations in Section 7 (Creator Promises) and Section 20 (Indemnification).

3.5 Verification. We may request documentation or other information to confirm:

• the Guardian's identity, age, and guardianship; and
• the Supervised Creator's age.

We may decline, restrict, suspend, or terminate a guardian-managed account if we cannot verify this information, or if we believe the account is not being properly supervised.

3.6 No compensation. Guardian-managed accounts are not eligible to receive compensation from DropTile for content, creator activity, or creator performance. This includes any payment, revenue share, creator fund, bonus, or sponsorship payment. If we later offer creator compensation, it will be subject to separate written terms and to any laws that apply to minors' earnings. It will not apply to a guardian-managed account unless those separate terms expressly say so.

3.7 Feature limits. At any time and in our sole discretion, for safety or legal reasons, we may limit, modify, or disable features for guardian-managed accounts or for any content that features a minor. This includes comments, Discovery eligibility, public profile visibility, leaderboards, sharing, and messaging.

3.8 When the Supervised Creator turns 18. The Guardian remains the account holder until ownership is transferred. After the Supervised Creator turns 18, they may request transfer of the account to themselves. Transfer requires:

• the Guardian's confirmation, unless we decide otherwise for good reason;
• verification; and
• the new owner's acceptance of the then-current Terms.

We may approve or deny transfer requests in our discretion.

3.9 Withdrawing consent and removing content. The Guardian may withdraw consent and delete the account at any time, as described in Section 16. A Guardian or Supervised Creator may also ask us to remove content featuring the Supervised Creator by contacting support@droptile.com.

4. The DropTile Service

DropTile lets people solve video puzzles, follow activity, and use available creation, sharing, commenting, leaderboard, and event features. We may add, change, suspend, or discontinue any feature, or all or part of the Service, at any time, with or without notice, and without liability to you.

We may apply technical limits, such as upload size, length, format, or storage limits. We may restrict access for safety, integrity, legal, or business reasons. We are not obligated to provide support, updates, or any particular feature. Features labeled beta, preview, or experimental may be unstable and may change or be removed.

A feature's availability does not guarantee that content will be recommended, that a creator will be approved for Discovery, or that a particular result will appear on a leaderboard.

5. DropTile's Intellectual Property and Your License to Use DropTile

5.1 Our ownership. DropTile and its software, puzzle format, puzzle mechanics, design, look and feel, logos, and other materials we provide (excluding user content) are owned by Superpose, LLC or its licensors. They are protected by copyright, trademark, and other laws. The DropTile name, logos, and related marks are our trademarks. You may truthfully refer to DropTile and use links and share assets supplied through our features to promote your profile or content, without implying that DropTile sponsors or endorses you. Other use of our marks requires our prior written permission, except as permitted by law.

5.2 Your license to use the Service. Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to download and use the DropTile apps and access the Service for personal use and for the creator and business activities permitted by Section 10. All rights not expressly granted to you are reserved by Superpose, LLC and its licensors.

5.3 Accounts, usernames, scores, and virtual items. This covers your account, username, scores, rankings, progress, badges, and any virtual items or in-app currency.

• You have a limited license to use them, but you do not own them. They are not your property.
• They have no monetary value.
• They cannot be sold, traded, or transferred.
• They cannot be redeemed for money or anything of value, from us or anyone else, except where law requires.

We may change, reset, correct, remove, or reclaim any of them at any time without liability to you. This includes reclaiming usernames that are inactive, misleading, or impersonating someone, or that conflict with another person's rights.

5.4 Feedback. "Feedback" means any ideas, suggestions, or feedback you send us. You grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable, and transferable license to use, copy, modify, create derivative works from, commercialize, and otherwise exploit Feedback for any purpose. We owe you no compensation or attribution for it. We are not required to use Feedback or to keep it confidential.

6. Your Content and Our License to Use It

6.1 You own your content. "Your content" means the videos, audio, images, captions, profile material, comments, and other content you submit. You keep ownership of your content. We do not take ownership of it.

6.2 License to DropTile. You grant Superpose, LLC and its affiliates a worldwide, non-exclusive, royalty-free, fully paid license, with the right to sublicense as described below and to transfer as described in Section 23.2. The license lets us do the following with your content, in any media or format now known or later developed:

• host, store, and cache it;
• reproduce, modify, adapt, edit, format, and translate it;
• create derivative works from it, such as puzzles, puzzle pieces, thumbnails, clips, previews, and share assets; and
• publicly display, publicly perform, transmit, and distribute it.

These rights allow us to run, protect, promote, and improve DropTile and to develop technologies and services for us, our service providers, and our business partners. This includes the AI and machine-learning uses in Section 8. We may grant sublicenses to those providers and partners, and to platforms and distributors, for these purposes. These uses remain subject to Section 6.3, your applicable settings, our Privacy Policy, and applicable law.

6.3 Our commitments to you. To give you confidence in how your content is used:

• (a) Private and Link-only content. These visibility settings govern distribution to other users. They do not, by themselves, exclude content from processing or model development under Sections 6.2 and 8. We will not use content set to Private or Link only in advertising or promotion.
• (b) Promotion. We may feature content published to Discovery in promotion of DropTile. We may attribute it using your username, display name, and profile image. Promotion includes the app, our website, social media, app-store listings, advertising, and press materials.
• (c) Providers and partners. We may share and sublicense your content to service providers and business partners for the purposes in Section 6.2, including model development under Section 8. Our Privacy Policy explains the information involved, permitted disclosures, and your rights.
• (d) After removal. If you delete content or your account, we will stop using that content in new promotional materials. We will remove it from promotional materials we control within a reasonable time. Materials already distributed, such as posts published on third-party platforms, may remain.
• (e) AI. Section 8 describes how your content may be used for AI and machine learning.

6.4 License to other users. You grant other users a limited, non-exclusive, royalty-free license to access, view, and play your content through the Service, as your visibility settings allow. Users may also share links and share assets supplied through the Service's sharing features, including on external websites and social platforms. This license does not otherwise authorize users to download, repost, or commercially exploit your content without your permission, except as permitted by law.

6.5 Name and likeness; moral rights. You authorize us to use your username, display name, and profile image in connection with your content as described in this Section. To the extent permitted by law, you waive any moral rights or similar rights in your content, and agree not to assert them, against us, our sublicensees, or other users for uses permitted by these Terms.

6.6 No payment. Unless we agree otherwise in a separate written agreement:

• you will not receive any payment for your content or our use of it; and
• we will not owe any royalties, fees, or other amounts to you, or to any third party, because of our use of your content. Third parties include music publishers, record labels, performing rights and collecting societies, performers, unions, and guilds.

You are solely responsible for any such payments.

6.7 How long the license lasts. The licenses in this Section end when your content is deleted from our systems, with these exceptions:

• (a) as needed for backups, legal retention, and resolving disputes, investigations, or enforcement;
• (b) for copies already shared outside our control;
• (c) as described in Section 6.3(d); and
• (d) for machine-learning models, and aggregated or de-identified data, developed under Section 8 before deletion. We are not required to delete or retrain these.

Deletion and retention are described in the Privacy Policy.

6.8 Keep your own copies. DropTile is not a storage or backup service. You are solely responsible for keeping your own copies of all content you upload. We may delete content, and content may be lost or become unavailable. We have no obligation to store, preserve, return, or restore any content.

7. Creator Promises

Each time you upload or publish content, you represent and warrant that:

• (a) Rights. You own your content, or you have obtained all rights, licenses, consents, and permissions needed to upload it and to grant the licenses in these Terms. This includes all music, sound recordings, footage, images, artwork, fonts, text, trademarks, logos, and other third-party material in it. Content being available on another platform does not mean you have permission to reuse it.
• (b) People in your content. You have permission to use every identifiable person who appears in your content, or whose name, image, likeness, or voice is used in it, as permitted by these Terms. For any person under 18, you also have the permission of that person's parent or legal guardian.
• (c) No violations. Your content, and our use of it as permitted by these Terms, will not infringe, misappropriate, or violate any person's rights. This includes copyright, trademark, patent, trade secret, privacy, publicity, moral rights, and contract rights. Your content will not violate any law or these Terms.
• (d) AI disclosure. Any AI disclosure you make, or are required to make, under Section 8.5 is accurate and complete.
• (e) No payments owed. No royalties, fees, or other payments are or will be owed to any third party because of our use of your content as permitted by these Terms.
• (f) No private or harmful material. Your content does not contain private or confidential information you lack permission to share. It does not contain malware or other harmful code.
• (g) Proof on request. You will keep records of your licenses, releases, and permissions, and give us copies within 10 business days after we ask. If you do not, we may remove content or restrict your account.

You will be asked to confirm these promises when you upload content. We rely on these promises and do not independently review content for rights clearance. If any promise is untrue, we may remove your content and suspend or terminate your account, in addition to our other rights.

8. AI and Machine Learning

8.1 Automated processing. We and our service providers use automated tools to process content and operate the Service, including turning videos into puzzles and creating previews. We may introduce AI and machine-learning tools for tasks such as selecting thumbnails, estimating difficulty, generating captions, and detecting spam, fraud, cheating, and content that may violate these Terms. We may use content to develop and improve these automated tools. Our Privacy Policy distinguishes current AI practices from potential future uses.

8.2 Gameplay data. We may use gameplay and usage data to develop, train, test, and improve machine-learning models and features for DropTile. Gameplay and usage data includes puzzle attempts, moves, completion times, scores, progress, and how people interact with features. The models and features include puzzle generation and difficulty, recommendations, personalization, fair-play and cheat detection, accessibility, and performance. Where practical, we use de-identified or aggregated data for this purpose. The Privacy Policy describes this use.

8.3 Safety and integrity. We may use content, reports, and moderation decisions to develop, train, and improve tools that detect, prevent, and respond to content and conduct that violates these Terms or the law.

8.4 Content and model development. Under the license in Section 6, we may use your uploaded videos, audio, images, captions, and associated metadata to build, train, evaluate, and improve AI systems, machine-learning models, and algorithms. This includes generative models that produce video, images, audio, or text, and technologies and services developed for DropTile, our service providers, or our business partners. We may authorize those providers and partners to use your content for these purposes.

This permission may cover existing uploads as well as new uploads, subject to applicable law and any required notices or consents. Processing remains subject to your applicable settings, the restrictions in Section 6.3, and our Privacy Policy. Changes to these Terms remain governed by Section 22.

8.5 AI-generated and altered content.

• (a) When disclosure is required. You must turn on the AI disclosure setting when you publish content with realistic material that was generated or meaningfully altered using AI or other synthetic tools. This includes content that:
  • makes a real person appear to say or do something they did not;
  • alters footage of a real event or place; or
  • depicts a realistic scene or event that did not happen.
• (b) When disclosure is not required. You do not need to disclose:
  • edits that do not change what the content depicts, such as color correction, filters, cropping, captions, or noise reduction, including when AI-assisted tools make those edits; or
  • content that is clearly animated, fantastical, or unrealistic.
• (c) Prohibited whether or not disclosed:
  • realistic synthetic depictions of a real, identifiable private individual without their permission (or, for a minor, their parent's or guardian's permission);
  • synthetic depictions of any real person that are deceptive, defamatory, harassing, or sexual;
  • any synthetic sexual content; and
  • any synthetic depiction of a minor in a sexualized, harmful, or exploitative context.
• (d) Our rights. Whether or not you have made a disclosure, we may add labels to content, apply a disclosure ourselves, limit distribution, or remove content.

9. Visibility, Links, and Discovery

Private, Link only, and Discovery are different distribution choices.

• A Link only Drop stays out of Discovery and your public profile. However, its link can be forwarded, and its preview may be visible on the web.
• Access to the playable Drop remains subject to applicable account and eligibility requirements.
• Do not treat a share link as a confidential channel. Visibility settings are not security controls. We are not responsible if content you share by link reaches people you did not intend.

Discovery submissions may be available by link while awaiting review. Approved creators may be permitted to publish eligible future submissions directly to Discovery. In our sole discretion, we may approve a Drop, keep it Link only, request changes, hold or remove content, restrict publishing privileges, or revoke approved-creator status, at any time and for any reason. An approval does not waive these Terms or guarantee that future content is acceptable.

Public profiles and eligible public content may be accessible through shared links and search engines. Sharing outside DropTile creates copies we may not be able to retrieve or remove.

10. Content Standards and Acceptable Use

Permitted creator and business activity. You may create and share content, promote yourself and your DropTile profile, build an audience, and promote your lawful business, products, or services through the Service's available features without separate written permission from DropTile. This includes sharing your profile and Drop links on other platforms, linking to your websites or other profiles, and publishing sponsored content, paid endorsements, and affiliate promotions. You must have the necessary rights, comply with these Terms and applicable law, and clearly disclose sponsorships, payments, free products, affiliate relationships, and other material connections where required. You must not imply that DropTile endorses you or your sponsors. Guardian-managed accounts remain subject to Section 3, including its restrictions on compensation from DropTile.

DropTile uses a teen-suitable content standard. The following are prohibited throughout the Service, including in videos, reveals, audio, captions, comments, profiles, thumbnails, and shared previews:

• Sexual exploitation or abuse of children, grooming, sexual content involving minors, or content that endangers children.
• Pornography, explicit sexual content, non-consensual intimate material, graphic violence, or gore.
• Hate, harassment, bullying, credible threats, doxxing, or other abusive conduct.
• Promotion of self-harm, dangerous challenges, or illegal activity.
• Content that violates copyright, privacy, publicity, or other rights.
• Scams, impersonation, spam, malware, or attempts to steal credentials or personal information.
• Realistic AI-generated or altered content without the disclosure required by Section 8.5, or any synthetic content prohibited by Section 8.5(c).

You also may not:

• Cheat, manipulate scores or engagement, bypass access or safety controls, or disrupt the Service.
• Use bots, scripts, macros, emulators, or other automated means to access the Service, create accounts, play puzzles, or interact with content, except as we expressly permit in writing.
• Scrape, crawl, data-mine, or harvest content or data from the Service, including to build datasets or to train, fine-tune, or evaluate any AI or machine-learning model, except as we expressly permit in writing. Public search engines may index public pages as permitted by our robots.txt file.
• Reverse engineer, decompile, or disassemble the Service, except where law expressly permits it despite this restriction.
• Circumvent or disable age, eligibility, guardian, or verification requirements, or give false information to get around them. This includes creating or using an account for someone who is not eligible.
• Sell, resell, rent, or sublicense access to the Service, or commercially exploit another user's content without the necessary rights. The creator and business activities expressly permitted above do not require separate written permission from DropTile. Spam, deceptive promotions, and other prohibited conduct remain prohibited.
• Create multiple accounts, or new accounts, to evade a suspension, ban, or restriction.
• Buy, sell, rent, or transfer accounts, usernames, scores, or virtual items.
• Frame, mirror, or embed the Service, except through features we provide.
• Probe, scan, or test the vulnerability of the Service, or breach security or authentication measures, without our written authorization.
• Submit false, misleading, or bad-faith reports, copyright notices, counter-notices, or appeals.

No obligation to monitor. We may, but are not obligated to, monitor, review, screen, or moderate content or conduct. Moderation may include manual review and automated tools. We do not guarantee that content will be reviewed before others can access it, that violations will be detected, or that we will take any particular action. Our enforcement rights are described in Section 11.

Child safety. We report apparent child sexual exploitation to the National Center for Missing & Exploited Children (NCMEC), and we cooperate with law enforcement as required or permitted by law.

11. Moderation, Suspension, and Termination

11.1 Our discretion. At any time, in our sole discretion, with or without notice, and for any reason or no reason, we may:

• (a) remove, disable, restrict, label, age-gate, or demote any content, or decline to publish, recommend, or distribute it;
• (b) limit or disable features for any account or content;
• (c) revoke Discovery or approved-creator status;
• (d) suspend or terminate your account or your access to all or part of the Service; and
• (e) block access from devices, networks, or accounts associated with you.

Reasons may include:

• a suspected violation of these Terms;
• risk or potential legal exposure to DropTile, our users, or others;
• a request from law enforcement or a court;
• extended inactivity; or
• discontinuation of a feature.

11.2 Suspension during review. We may suspend an account or restrict content while we investigate a report, suspected violation, or security issue.

11.3 Effect of suspension or termination. If your account is terminated:

• (a) your license to use the Service ends immediately;
• (b) you may not create a new account without our prior written permission;
• (c) we have no obligation to keep, return, or provide copies of your content; and
• (d) you are not entitled to any refund, except where required by law or by the policy of the store you purchased through.

11.4 Preservation and disclosure. We may preserve content and account information, and disclose them as described in the Privacy Policy. This includes preserving and disclosing to comply with law, respond to legal process, protect safety, and enforce these Terms.

11.5 No liability for enforcement. To the fullest extent permitted by law, the DropTile Parties are not liable to you or anyone else for any action we take, or decline to take, regarding content, accounts, or access under these Terms.

11.6 Where law requires more. Applicable law may require us to give notice, a statement of reasons, or an opportunity to respond before or after we take action. Where it does, we will do so to the extent required.

12. Reports, Blocking, and Appeals

Use the app's report controls for a Drop, profile, or comment. Use the available blocking controls to manage unwanted interactions. You can also report safety or content concerns to report@droptile.com. Include the relevant Drop link, the username, and a description. Do not forward illegal material. If someone is in immediate danger, contact local emergency services.

Copyright complaints must follow Section 13. Trademark, privacy, and publicity-rights complaints may be sent to report@droptile.com.

To appeal a moderation or account decision, email appeals@droptile.com within 30 days of the decision, with enough information to identify it.

• Appeals are reviewed in our discretion.
• We are not required to respond to every appeal, to explain our decision, or to reverse any action.
• We may decline repeated or abusive appeals.
• We may request additional information to assess a report or appeal.

Our decision on an appeal is final, except where applicable law gives you additional rights.

13. Copyright Policy and DMCA Notices

13.1 Our policy. We respect intellectual property rights. We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512. In appropriate circumstances, we terminate the accounts of users who are repeat infringers.

13.2 Designated Copyright Agent. Send copyright notices and counter-notices to our designated agent (our "Copyright Agent"):

Copyright Compliance
Superpose, LLC (d/b/a DropTile)
9375 E Shea Blvd., Suite 100
Scottsdale, AZ 85260
Phone: (480) 788-7119
Email: copyright@droptile.com

This contact is only for copyright notices and counter-notices. Other messages sent to it may not receive a response.

13.3 What a copyright notice must contain. To be effective, your notice must be in writing, sent to our Copyright Agent, and include substantially the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notice, a representative list of those works.
3. Identification of the material claimed to be infringing that is to be removed or disabled, and information reasonably sufficient to let us locate it. Examples are the Drop link or URL and the username that posted it.
4. Information reasonably sufficient for us to contact you, such as your address, telephone number, and email address.
5. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notice is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Before sending a notice, please consider whether the use may be a fair use or otherwise authorized. We may not act on a notice that does not substantially comply with these requirements. If a notice substantially complies with items 2, 3, and 4, we will attempt to contact you to complete it.

13.4 What happens after a valid notice. When we receive a valid notice, we will:

• remove or disable access to the material; and
• notify the user who posted it.

We may give that user a copy of the notice, including the complaining party's name and contact information. We may also remove or restrict content we believe infringes without receiving a notice.

13.5 Counter-notices. If your content was removed because of a copyright notice, and you believe it was removed by mistake or misidentification, you may send a counter-notice to our Copyright Agent. It must include substantially the following:

1. Your physical or electronic signature.
2. Identification of the material that was removed or disabled, and where it appeared before removal (for example, the Drop link).
3. A statement, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification.
4. Your name, address, and telephone number.
5. A statement that you consent to the jurisdiction of the federal district court for the judicial district where your address is located. If your address is outside the United States, the statement must instead consent to any judicial district in which DropTile may be found.
6. A statement that you will accept service of process from the person who provided the original notice, or that person's agent.

For guardian-managed accounts, the Guardian must submit the counter-notice.

When we receive a valid counter-notice, we will:

• forward it, including your contact information, to the person who submitted the original notice;
• tell that person that we will restore the material in 10 business days; and
• restore the material no less than 10 and no more than 14 business days after we receive the counter-notice.

We will not restore the material if our Copyright Agent first receives notice that the complaining party has filed an action seeking a court order to restrain you from infringing activity relating to the material.

13.6 False notices and counter-notices. Under 17 U.S.C. § 512(f), anyone who knowingly and materially misrepresents that material is infringing, or that it was removed by mistake, may be liable for damages, including costs and attorneys' fees. Submitting false notices or counter-notices also violates these Terms.

13.7 Repeat infringer policy.

• (a) Strikes. An account receives a copyright strike when we remove or disable content posted by that account in response to a valid copyright notice. A strike is removed if the content is restored after a valid counter-notice, or if the notice is withdrawn.
• (b) Termination. In appropriate circumstances, we terminate the accounts of users who are repeat infringers. An account that receives three strikes within any 12-month period will be terminated, unless we determine in our discretion that the strikes resulted from error or abuse of the notice process.
• (c) Earlier termination. In our discretion, we may terminate an account after fewer strikes, including after a single notice. For example, we may do so when the infringement is blatant, the account appears dedicated to infringement, or the user has tried to evade this policy.
• (d) Multiple items. When one notice identifies multiple items posted by the same account, we may treat it as one strike or as several.
• (e) After termination. Users whose accounts are terminated under this policy may not create new accounts, and we may terminate related accounts.
• (f) Expiration. For purposes of Section 13.7(b), strikes expire 12 months after they are issued. We keep records of all notices and strikes.

13.8 Other intellectual property. Report trademark and other non-copyright intellectual property concerns to report@droptile.com.

14. Purchases and Subscriptions, Where Offered

Prices, billing periods, renewal terms, and any trial terms are shown before purchase. Store-managed purchases are subject to the store's payment and refund rules. Recurring subscriptions renew according to the terms displayed when you subscribe, unless canceled through the relevant store. Deleting the app or a DropTile account does not cancel a subscription. No paid purchase is required merely to use a supported sign-in method.

All purchases are final and non-refundable, except where a refund is required by applicable law or by the policy of the store you purchased through.

• Refund requests for store-managed purchases must be made to that store.
• We may change prices, features, and paid offerings at any time. Price changes for subscriptions take effect as described by the store.
• You are responsible for all applicable taxes.
• If we suspend or terminate your account under these Terms, you will not receive a refund for any purchase, subscription period, or virtual item, except where a refund is required by applicable law or by the policy of the store you purchased through.
• If we discontinue a paid feature, our only obligation is any refund that law or the store's policy requires.

15. Events, Scores, and Fair Play

Event-specific rules and eligibility, when shown, apply in addition to these Terms. We may modify, suspend, or cancel any event, leaderboard, or reward at any time. We may verify, correct, or exclude results affected by cheating, errors, technical problems, or ineligible participation. Our decisions about results are final.

A displayed score or ranking is not a promise of a prize or payment. Any separately offered reward must have its own stated rules. A reward may be void where prohibited, and may require a parent's or guardian's consent for participants under 18.

16. Leaving DropTile

You can stop using DropTile and request account deletion at Profile > menu > Delete account. If you cannot access the app, use the data-removal instructions or email support@droptile.com. Recent authentication or other ownership verification may be required.

Before deleting your account, download or keep copies of any content you want to keep (see Section 6.8). Deleted content may not be recoverable.

Deletion is processed in the background, subject to the limited retention described in the Privacy Policy. Deleting your account does not cancel store-managed subscriptions (see Section 14). The provisions listed in Section 23.8 continue to apply after your account is deleted or terminated.

17. Third-Party Services

Sign-in providers, app stores, linked sites, and services you choose for external sharing have their own terms and policies. These Terms govern the Service; any applicable store license terms also apply to your use of the app. We are not responsible for third-party services, websites, or content, and your use of them is at your own risk.

18. Disclaimers

18.1 AS-IS SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND ALL CONTENT AND FEATURES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. THE DROPTILE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THIS INCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

18.2 NO GUARANTEES. THE DROPTILE PARTIES DO NOT WARRANT THAT:

• THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• DEFECTS WILL BE CORRECTED;
• THE SERVICE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• ANY CONTENT WILL BE STORED, PRESERVED, OR RECOVERABLE; OR
• ANY SCORE, RANKING, RESULT, OR CONTENT WILL BE ACCURATE OR RELIABLE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

18.3 KEEP YOUR OWN COPIES. THE SERVICE IS NOT A STORAGE OR BACKUP SERVICE. YOU ARE SOLELY RESPONSIBLE FOR KEEPING COPIES OF YOUR CONTENT. THE DROPTILE PARTIES ARE NOT RESPONSIBLE FOR ANY DELETION, LOSS, OR CORRUPTION OF ANY CONTENT, OR ANY FAILURE TO STORE IT.

18.4 USER CONTENT AND OTHER USERS. THE DROPTILE PARTIES ARE NOT RESPONSIBLE FOR, AND DO NOT ENDORSE, ANY CONTENT POSTED BY USERS OR OTHER THIRD PARTIES. THE DROPTILE PARTIES ARE NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OR THIRD PARTY, WHETHER ONLINE OR OFFLINE, INCLUDING ANY COMMUNICATION, MEETING, OR OTHER INTERACTION WITH ANOTHER USER. WE HAVE NO OBLIGATION TO MONITOR, REVIEW, OR REMOVE CONTENT OR TO SCREEN USERS, AND WE DO NOT CONDUCT BACKGROUND CHECKS. YOU USE THE SERVICE AND INTERACT WITH OTHERS AT YOUR OWN RISK.

18.5 RELEASE. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE THE DROPTILE PARTIES FROM ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND, KNOWN AND UNKNOWN, ARISING OUT OF OR RELATED TO ANY DISPUTE WITH ANY OTHER USER OR THIRD PARTY, OR TO THE CONTENT OR CONDUCT OF ANY OTHER USER OR THIRD PARTY. 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 RELEASED PARTY." YOU ALSO WAIVE ANY SIMILAR LAW OF ANY OTHER JURISDICTION.

18.6 Where law does not allow these disclaimers. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you. Nothing in these Terms excludes or limits any warranty, liability, or consumer right that cannot lawfully be excluded or limited.

19. Limitation of Liability

19.1 EXCLUDED DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE DROPTILE PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, CONTENT, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE. THIS INCLUDES DAMAGES ARISING OUT OF OR RELATING TO:

• (A) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE;
• (B) ANY CONTENT OR CONDUCT OF ANY USER OR THIRD PARTY;
• (C) ANY CONTENT OBTAINED THROUGH THE SERVICE;
• (D) UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF YOUR ACCOUNT, CONTENT, OR TRANSMISSIONS;
• (E) THE DELETION OR LOSS OF, OR FAILURE TO STORE, ANY CONTENT; OR
• (F) ANY MODERATION, SUSPENSION, OR TERMINATION DECISION.

19.2 LIABILITY CAP. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE DROPTILE PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF:

• (A) ONE HUNDRED U.S. DOLLARS (US $100); OR
• (B) THE TOTAL AMOUNT YOU PAID FOR DROPTILE PURCHASES, WHETHER DIRECTLY OR THROUGH AN APP STORE, IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY.

19.3 SCOPE. THESE LIMITATIONS APPLY TO ALL CLAIMS AND THEORIES OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY. THEY APPLY EVEN IF THE DROPTILE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THESE LIMITATIONS ARE AN ESSENTIAL PART OF THE BARGAIN BETWEEN YOU AND DROPTILE, WHICH OFFERS MUCH OF THE SERVICE FREE OF CHARGE.

19.4 EXCEPTIONS. NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. WHERE SUCH LAW APPLIES, THIS INCLUDES LIABILITY FOR FRAUD, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE. APPLICABLE MANDATORY CONSUMER PROTECTIONS CONTINUE TO APPLY.

20. Indemnification

20.1 Your obligation. To the fullest extent permitted by law, you will defend (at our option), indemnify, and hold harmless the DropTile Parties from and against all claims, demands, actions, investigations, liabilities, damages, losses, judgments, settlements, fines, penalties, costs, and expenses, including reasonable attorneys' fees and costs, arising out of or related to:

• (a) your content;
• (b) your use or misuse of the Service;
• (c) your breach of these Terms, including the Creator Promises in Section 7;
• (d) your violation of any law or the rights of any third party;
• (e) your interactions with other users; and
• (f) for guardian-managed accounts, the Supervised Creator's use of the Service and any content the Supervised Creator creates or appears in.

20.2 Control of defense. We may assume the exclusive defense and control of any matter subject to indemnification, at your expense, and you will cooperate with our defense. You may not settle any matter without our prior written consent if the settlement imposes any obligation on, or admits fault by, any DropTile Party.

20.3 Parents and guardians. For guardian-managed accounts, the Guardian has the obligations in this Section. For users under 18, the parent or guardian who agreed to these Terms is responsible for these obligations to the extent permitted by law.

21. Dispute Resolution, Arbitration Agreement, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND DROPTILE TO RESOLVE DISPUTES THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION, WITH LIMITED EXCEPTIONS. IT WAIVES THE RIGHT TO A JURY TRIAL AND THE RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN 30 DAYS AS DESCRIBED IN SECTION 21.12.

21.1 Governing law. These Terms, and any Dispute (defined in Section 21.3), are governed by the laws of the State of Arizona, USA, without regard to its conflict-of-laws rules. The Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the "FAA"), governs the interpretation and enforcement of this Section 21. The United Nations Convention on Contracts for the International Sale of Goods does not apply. This choice of law does not take away any mandatory protection of the laws of the place where you live, to the extent that protection cannot be waived by agreement.

21.2 Venue for court proceedings. Some Disputes will not be arbitrated: for example, if you opt out under Section 21.12, for claims excluded under Section 21.6, or if this arbitration agreement is found not to apply. For those Disputes, you and DropTile agree to the exclusive jurisdiction and venue of:

• the state courts located in Maricopa County, Arizona; and
• the United States District Court for the District of Arizona.

You and DropTile waive any objection to those courts based on personal jurisdiction, venue, or inconvenient forum. This does not limit either party's right to bring an individual action in small claims court under Section 21.6(a).

21.3 What this Section covers. "Dispute" means any dispute, claim, or controversy between you and any DropTile Party arising out of or relating in any way to:

• these Terms or the Privacy Policy;
• the Service, your account, or your content;
• any purchase;
• any communication or advertising; or
• your relationship with DropTile.

A Dispute may be based on contract, tort, statute, fraud, misrepresentation, or any other legal theory. This Section applies only to Disputes that arise on or after you first accept it, including Disputes that arise after your relationship with DropTile ends. A Dispute that arose before you first accepted this Section is not covered by this Section. Later changes to this Section do not apply to a Dispute that arose before those changes took effect; any applicable earlier agreement continues to govern that Dispute, subject to applicable law. See Sections 21.13 and 22. "Dispute" is to be interpreted as broadly as the law allows, subject to these timing limits.

For users under 18, this Section binds the parent or guardian who agreed to these Terms and, to the extent permitted by law, the minor.

21.4 Informal dispute resolution (required first step).

• (a) Notice of Dispute. Before starting an arbitration or small claims action, the party with a Dispute must send the other party a written, individualized Notice of Dispute. A Notice may relate to only one person; notices on behalf of multiple people are not valid.
  • Notices to DropTile must be emailed to legal@droptile.com and mailed to Superpose, LLC, Attn: Legal – Notice of Dispute, 9375 E Shea Blvd., Suite 100, Scottsdale, AZ 85260.
  • Your Notice must include: your name, DropTile username, account email address, and mailing address; a description of the nature and basis of the Dispute; the specific relief you seek and how you calculated any amount; and your personal signature. If you have a lawyer, it must also include your lawyer's signature.
  • Notices to you: we will send any Notice to your account email address.
• (b) Negotiation and settlement conference. For 60 days after the Notice is received (the "Informal Period"), the parties will try in good faith to resolve the Dispute.
  • If either party requests it, the parties will hold an individual settlement conference by phone or video during the Informal Period.
  • You must personally participate, with your lawyer if you have one. For a user under 18, the parent or guardian who agreed to these Terms may participate instead.
  • DropTile will participate through a representative with settlement authority.
  • The parties may extend the Informal Period by written agreement.
• (c) Tolling. All statutes of limitations and filing-fee deadlines are paused from the date the Notice is received until the end of the Informal Period.
• (d) Condition precedent. Completing this process is a condition that must be met before starting an arbitration or small claims action. An arbitrator or court may dismiss or stay any proceeding started without completing it. A court may prohibit the filing or pursuit of any arbitration demand that does not comply.

21.5 Agreement to arbitrate. Except as provided in Section 21.6, you and DropTile agree that all Disputes will be resolved exclusively by final and binding arbitration on an individual basis, and not in court.

21.6 Exceptions.

• (a) Small claims. Either party may bring an individual action in small claims court, in the county where you live or in Maricopa County, Arizona, if the claim qualifies for that court. The claim must remain in small claims court and be pursued on an individual basis only.
• (b) Intellectual property and misuse of the Service. Either party may bring an action in court seeking injunctive or other equitable relief to stop actual or threatened:
  • infringement, misappropriation, or violation of copyrights, trademarks, trade secrets, patents, or other intellectual property rights; or
  • unauthorized access to or interference with the Service, including scraping, hacking, and automated access.
• (c) Public injunctive relief, as described in Section 21.10.

21.7 Who decides arbitrability (delegation). The arbitrator has exclusive authority to resolve all disputes about the interpretation, applicability, scope, enforceability, formation, or validity of this arbitration agreement. This includes whether a Dispute is subject to arbitration and any claim that all or part of this Section is void or voidable. However, a court has exclusive authority to decide:

• (a) the enforceability, scope, and effect of the waivers in Section 21.9;
• (b) the enforceability of, and compliance with, Section 21.11 (Mass Arbitration);
• (c) whether a party has satisfied Section 21.4; and
• (d) requests for relief under Section 21.10.

21.8 Arbitration rules and procedures.

• (a) Administrator and rules. The American Arbitration Association ("AAA") will administer the arbitration under the AAA Rules, as modified by this Section. "AAA Rules" means the AAA's Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules, each as in effect when the arbitration is filed. The AAA Rules are available at www.adr.org.
  • If the AAA changes its rules after you accept these Terms, and the change is materially less favorable to you, you may choose to have the version in effect on the date you accepted these Terms apply instead, to the extent the AAA will administer it.
  • If this Section conflicts with the AAA Rules, this Section controls, to the extent the AAA permits.
  • If the AAA is unavailable, or unwilling to administer an arbitration consistent with this Section, the parties will agree on another nationally recognized arbitration provider. If they cannot agree within 30 days, a court will appoint one under 9 U.S.C. § 5.
• (b) Arbitrator. The arbitration will be conducted by a single neutral arbitrator, selected under the AAA Rules. The arbitrator must be a retired judge or an attorney licensed to practice law with at least 10 years of experience.
• (c) Format and location. Unless the arbitrator decides an in-person hearing is necessary, the arbitration will be conducted by video conference or telephone. For claims of US $25,000 or less, the party bringing the claim may choose to have it decided on written submissions only. Any in-person hearing will take place in the county where you live (if you live in the United States), or at another location the parties agree on.
• (d) Fees. The AAA Rules for consumer disputes govern payment of all filing, administration, and arbitrator fees; under those rules, DropTile pays most of these fees. If you show that arbitration costs would be prohibitive compared with litigation, DropTile will pay as much of your filing, administration, and arbitrator fees as the arbitrator finds necessary to prevent that.
• (e) Attorneys' fees and costs. Each party bears its own attorneys' fees and costs, with two exceptions. The arbitrator may award attorneys' fees and costs:
  • to the extent a statute would allow a court to award them; and
  • to a party, if the arbitrator finds that the other party's claim, defense, or demand was frivolous or brought for an improper purpose, as measured by the standards of Federal Rule of Civil Procedure 11(b).
• (f) Authority and award.
  • The arbitrator may award the same damages and relief that a court could award on an individual basis, but only in favor of the individual party seeking relief, and only to the extent necessary to provide the relief warranted by that party's individual claim.
  • The arbitrator may decide dispositive motions.
  • The arbitrator will issue a written decision stating the essential findings and conclusions. Judgment on the award may be entered in any court with jurisdiction.
  • An award, and any ruling in an arbitration, has no preclusive or precedential effect in any other arbitration or proceeding involving different parties.

21.9 Class action and jury trial waiver.

YOU AND DROPTILE EACH AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS. YOU AND DROPTILE EACH WAIVE THE RIGHT TO BRING, JOIN, OR PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION, AND THE RIGHT TO ACT AS A PRIVATE ATTORNEY GENERAL. YOU AND DROPTILE EACH WAIVE THE RIGHT TO A TRIAL BY JURY, WHETHER IN ARBITRATION OR IN COURT.

• Unless both parties agree in writing, the arbitrator may not consolidate or join the claims of more than one person, and may not preside over any form of class, collective, or representative proceeding.
• Coordinated administration of claims under Section 21.11 is not a class, collective, or representative proceeding. Each claim will be decided individually.
• A court may decide, after all appeals are exhausted, that this Section 21.9 is unenforceable as to a particular claim or request for relief. If so, that claim or request, and only that one, will be severed and decided by a court under Section 21.2 after the arbitration of all remaining claims is complete. It will not be arbitrated.

UNDER NO CIRCUMSTANCES WILL CLASS ARBITRATION BE PERMITTED.

21.10 Public injunctive relief. Public injunctive relief is relief whose primary purpose and effect is to prohibit unlawful acts that threaten future injury to the general public. If you request it, a court may determine, after all appeals are exhausted, that applicable law does not allow that relief to be waived. If so, your request will be severed and decided by a court under Section 21.2, after the arbitration of all individual claims is complete.

21.11 Mass arbitration.

• (a) When this applies. This Section applies to a "Mass Filing." A Mass Filing occurs when, within any 180-day period, 25 or more Notices of Dispute or arbitration demands raising substantially similar claims are submitted against DropTile (or by DropTile against users) by, or with the help of, the same or coordinated law firms or organizations.
• (b) Individualized requirements. Each claimant must individually complete Section 21.4. Each arbitration demand must be personally signed by the claimant and include the information required by Section 21.4(a), including the claimant's DropTile username or account email. Counsel for the claimants and DropTile will meet and confer in good faith about resolving the claims efficiently.
• (c) Batching. Claims in a Mass Filing will be filed and administered in batches of up to 100 claims each.
  • The AAA will assign one arbitrator to each batch, unless the parties agree otherwise.
  • Batches will proceed concurrently. No batch will be held pending the outcome of another.
  • Threshold questions for each claim, including arbitrability under Section 21.7, will be decided by the arbitrator assigned to that claim's batch. They will not be delayed while any other batch or claim is pending.
  • Each batch will be treated as a single proceeding for purposes of filing, administration, and arbitrator fees, to the extent the AAA's fee schedule permits.
• (d) Individual decisions. Although claims in a batch are administered together, the arbitrator will decide each claim on its individual merits and issue a separate award for each claimant. No award binds any person who was not a party to that claim.
• (e) Tolling. For each claim in a Mass Filing, statutes of limitations are paused from the time the claimant's Notice of Dispute is received until the claim is filed in arbitration under this Section.
• (f) Optional global mediation. At either party's request, the parties will participate in a single global mediation of the Mass Filing with a mediator they select, and DropTile will pay the mediator's fees. Mediation will not delay any batch unless both sides agree.
• (g) Court enforcement. A court has authority to enforce this Section 21.11. This includes prohibiting the filing or pursuit of arbitration demands that do not comply with it, and the assessment of fees that do not comply with it.
• (h) AAA mass arbitration rules. The AAA's Mass Arbitration Supplementary Rules apply to a Mass Filing, to the extent consistent with this Section.
• (i) Severability of this Section. If any part of this Section 21.11 is found unenforceable, that part will be severed and the Mass Filing will proceed under the AAA Rules. The rest of this arbitration agreement remains in effect.
• (j) Small claims option. Any claimant in a Mass Filing may instead pursue an eligible claim in small claims court under Section 21.6(a).

21.12 30-day right to opt out. You may opt out of Sections 21.4 through 21.11 of this arbitration agreement by sending a written opt-out notice.

• Deadline. The notice must be sent within 30 days after you first accept these Terms. If you had a DropTile account before September 24, 2026, it must be sent within 30 days after you first accept this version of the Terms. Opt-out notices sent after the deadline are not valid.
• How to send it. Email legal@droptile.com with the subject line "Arbitration Opt-Out," or mail it to Superpose, LLC, Attn: Legal – Arbitration Opt-Out, 9375 E Shea Blvd., Suite 100, Scottsdale, AZ 85260.
• What to include. Your name, DropTile username, account email address, and a clear statement that you want to opt out of the DropTile arbitration agreement.
• Who sends it. You must send the notice personally. For a user under 18, the parent or guardian who agreed to these Terms sends it. A notice sent by an agent or representative on behalf of multiple people is not valid.
• Effect. If you opt out, all other parts of these Terms still apply, including Sections 21.1 (Governing Law) and 21.2 (Venue). If you validly opted out of an earlier version of this Section, you remain opted out.

21.13 Changes to this Section. This Section 21.13 applies notwithstanding Section 22.

• If we make a material change to this Section 21 (other than a change to a notice address or contact information), you may reject the change by sending written notice to legal@droptile.com within 30 days after the change takes effect.
• If you reject the change, the most recent version of this Section that you accepted will continue to govern Disputes between you and DropTile.
• A change to this Section will not apply to any Dispute that arose before the change took effect, whether or not a party had already sent a Notice of Dispute. Any applicable earlier agreement continues to govern that Dispute, subject to applicable law.

21.14 Severability. Except as provided in Sections 21.9, 21.10, and 21.11(i), if any part of this Section 21 is found unenforceable, that part will be severed and the rest will be enforced.

21.15 Survival. This Section survives the termination of your account and of these Terms.

22. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the date and version at the top of this page.

• Material changes. We will notify you in advance through the app, by email, or by posting on our website, and we will ask you to accept the updated Terms in the app. Material changes take effect on the date stated in the notice, which will be at least 15 days after the notice. Changes required by law, or made for safety, security, or new features, may take effect immediately.
• If you do not accept. If you do not accept updated Terms when asked, you may not continue to use the Service. You may still delete your account.
• Other changes. Other changes take effect when posted. Where permitted by law, continuing to use the Service after a change takes effect means you accept it.

Changes will not apply retroactively to Disputes that arose before the change took effect. Changes to Section 21 are also governed by Section 21.13.

23. General Terms

23.1 Entire agreement. These Terms are the entire agreement between you and DropTile about the Service, together with the Privacy Policy, any event rules, and any additional guidelines or feature terms we present to you. They supersede all prior agreements and understandings. If feature-specific terms conflict with these Terms, the feature-specific terms control for that feature. However, Section 21 controls over any conflicting term unless we expressly state otherwise in writing.

23.2 Assignment.

• You may not assign, delegate, or transfer these Terms or your account, or any rights or obligations under them, without our prior written consent, except as described in Section 3.8. Any attempt to do so is void.
• We may assign or transfer these Terms, in whole or in part, without your consent and without notice. This includes our rights to your content under Section 6 and our other rights and obligations. It includes transfers in connection with a merger, acquisition, corporate reorganization, financing, or sale of all or part of our assets, or by operation of law.
• These Terms bind and benefit the parties and their permitted successors and assigns.

23.3 Severability. If any provision of these Terms is found invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable. The remaining provisions will remain in full force and effect. This is subject to Section 21.14.

23.4 No waiver. Our failure or delay in enforcing any provision is not a waiver of that provision or of our right to enforce it later. A waiver is effective only if it is in writing and signed by us.

23.5 Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control. These include:

• natural disasters, fire, flood, and severe weather;
• epidemics or pandemics;
• war, terrorism, and civil unrest;
• government action and labor disputes;
• power or utility failures, and internet or telecommunications failures;
• failures or outages of hosting, cloud, app-store, sign-in, or other third-party providers; and
• cyberattacks and denial-of-service attacks.

23.6 Electronic communications. You consent to receive communications from us electronically. This includes email to your account email address, in-app messages, push notifications, and postings on our website.

• All agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing.
• Your electronic acceptance of these Terms has the same effect as a handwritten signature.
• You are responsible for keeping your account email address current. Notices we send by email are effective when sent.
• Because the Service is provided electronically, if you withdraw your consent to electronic communications, you must stop using the Service and delete your account.

23.7 Notices to us. Legal notices to DropTile must be sent to legal@droptile.com and to Superpose, LLC, Attn: Legal, 9375 E Shea Blvd., Suite 100, Scottsdale, AZ 85260. The exception is where these Terms specify another address, such as Section 13 for copyright notices.

23.8 Survival. The following provisions survive any expiration or termination of these Terms, and any deletion or termination of your account:

• Section 2.2(b)–(c), for use before termination;
• Section 3.4 (Guardian responsibility);
• Section 5 (DropTile's Intellectual Property);
• Section 6, to the extent described in Section 6.7;
• Section 7 (Creator Promises);
• Sections 8.2 through 8.4, for data and models created before termination;
• Sections 11.3–11.5;
• Section 13.6 (False notices and counter-notices);
• Section 14, as to refunds;
• Section 17 (Third-Party Services);
• Section 18 (Disclaimers);
• Section 19 (Limitation of Liability);
• Section 20 (Indemnification);
• Section 21 (Dispute Resolution);
• Section 23 (General Terms); and
• any other provision that by its nature is intended to survive.

23.9 Relationship of the parties. You and DropTile are independent parties. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.

23.10 No third-party beneficiaries. These Terms do not give any third party any rights. The exception is that the DropTile Parties are intended beneficiaries of Sections 18, 19, 20, and 21.

23.11 Interpretation. Headings are for convenience only. "Including" means "including without limitation." If we provide a translation of these Terms, the English version controls.

23.12 Export controls and sanctions. You represent that you are not located in a country subject to comprehensive U.S. sanctions, and that you are not on any U.S. government list of prohibited or restricted parties. You will comply with applicable export control and sanctions laws.

24. Contact

Contact Superpose, LLC, doing business as DropTile:

• Account help and questions about these Terms: support@droptile.com
• Content reports: report@droptile.com
• Appeals: appeals@droptile.com
• Copyright notices and counter-notices: copyright@droptile.com (see Section 13)
• Legal notices, Notices of Dispute, and arbitration opt-outs: legal@droptile.com, and by mail to Superpose, LLC, Attn: Legal, 9375 E Shea Blvd., Suite 100, Scottsdale, AZ 85260

© 2026 Superpose, LLC.