Terms of Service

These Terms of Service (the "Terms") are a binding agreement between you and Royal Notes LLC, a Wyoming limited liability company ("Royal Notes," "we," "us" or "our"). They govern your use of the Royal Notes mobile application (the "App"), our website at royalnotes.io (the "Site"), and the products and services we offer through them (together, the "Platform").

PLEASE READ SECTION 24 CAREFULLY. IT REQUIRES YOU AND ROYAL NOTES TO RESOLVE MOST DISPUTES THROUGH INDIVIDUAL BINDING ARBITRATION, NOT IN COURT, AND IT WAIVES YOUR RIGHT TO A JURY TRIAL AND TO TAKE PART IN A CLASS ACTION. YOU MAY OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 24.10.

YOU MUST BE AT LEAST 18 YEARS OLD AND LOCATED IN THE UNITED STATES TO USE THE PLATFORM. If you do not agree to these Terms, do not use the Platform.

01Key terms

"Account" means your Royal Notes user account.
"Box" means a mystery box offered in the App. Opening a Box selects one Item at random from that Box's disclosed Items, using its disclosed Odds.
"Odds" means the published chance of receiving each tier, rarity group and Item in a Box. "Odds Version" means the numbered, dated set of Odds and Items in effect for a Box when you open it.
"Item" means a physical fragrance product, or another physical product we offer, that can be revealed from a Box.
"Item Value" means the U.S. dollar retail value we assign to an Item when you win it, as shown in the App (see Section 5.6).
"Collection" means the part of your Account that lists the Items you have won and not yet sold back or had shipped.
"Credit" or "Royal Notes Credit" means store credit that can be used only on the Platform (see Section 11). Your "Balance" is the amount of Credit in your Account.
"Add Funds" means buying Credit with a supported payment method.
"Sell-Back" means giving up your right to receive an Item in exchange for Credit (see Section 7). "Auto-Sell" means a Sell-Back that happens automatically when the Auto-Sell Window ends. "Auto-Sell Window" means the period shown on an Item during which you can ship it or sell it back.
"Ship Request" means your request to have an Item delivered. "Shipping Charges" means the shipping fee, sales tax and any other charges shown to you before you confirm a Ship Request.
"Retailer" means a third-party store or supplier we buy Items from.
"Payment Processor" means Coinflow or any other third-party payment provider we use to process purchases of Credit, refunds and chargebacks.
"Including" means "including without limitation."

02Agreeing to these Terms; changes

2.1 Acceptance. You accept these Terms when you tap "Agree" (or a similar button) in the App, or when you use the Platform, whichever happens first. The following are part of these Terms: our Privacy Policy at royalnotes.io/privacy, the Odds shown in the App for each Box, and any rules we show you for a particular promotion or feature (together, "Additional Terms"). If an Additional Term conflicts with these Terms, the Additional Term controls for that promotion or feature only.

2.2 Changes. We may update these Terms from time to time. We will post the updated Terms with a new effective date and terms version. For material changes, we will notify you in the App or by email at least 14 days before the change takes effect, unless the change is required by law or addresses new features or fraud, in which case it may take effect sooner. We may ask you to accept the updated Terms before you can continue to buy Credit, open Boxes, sell back Items or ship Items. If you do not agree, stop using the Platform and you may delete your Account (Section 20.3). Changes to Section 24 (arbitration) are governed by Section 24.11. Changes do not apply to disputes that arose before the change took effect.

03Eligibility

3.1 Requirements. To use the Platform, you must:

(a) be at least 18 years old and the age of majority where you live;
(b) live in, and use the Platform from, the United States, in a place where your use is lawful;
(c) be able to form a binding contract;
(d) use the Platform only for yourself, not on behalf of anyone else or any business;
(e) not have been suspended or banned from the Platform before; and
(f) own, or be authorized to use, every payment method and phone number you connect to your Account.

3.2 Sanctions. You represent that you are not:

(a) the subject of economic or trade sanctions administered or enforced by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC), the U.S. Department of State, the United Nations Security Council or HM Treasury;
(b) on OFAC's Specially Designated Nationals and Blocked Persons List, or on the U.S. Commerce Department's Denied Persons List, Unverified List or Entity List;
(c) owned or controlled by anyone in (a) or (b); or
(d) located in, or ordinarily resident in, Cuba, Iran, North Korea, Syria, the Crimea, so-called Donetsk People's Republic or Luhansk People's Republic regions of Ukraine, or any other comprehensively embargoed jurisdiction.

3.3 Restricted locations. We may restrict or turn off any feature, or the whole Platform, in any state or territory at any time. Any offer on the Platform is void where prohibited. We do not give legal advice about whether your use is lawful where you are.

04Your Account

4.1 Sign-in and phone verification. You sign in with Apple. Before your first purchase of Credit, or at any other time we reasonably require, you must verify a U.S. mobile phone number by entering a code we send by text message. We do not accept internet-based (VoIP), temporary or shared numbers. Each phone number can be linked to only one Account.

4.2 One Account per person. You may have only one Account, and only you may use it. If we reasonably believe that one person controls more than one Account, or that someone else is using your Account, we may suspend or close any of the Accounts involved and take the other steps described in Section 16.

4.3 Accurate information. Keep your Account information, phone number and shipping addresses accurate and current.

4.4 Username. We give you a randomly generated username, which you may change. Your username must not impersonate anyone, infringe anyone's rights, or be offensive or misleading. We may change or remove a username that breaks this rule.

4.5 Security. You are responsible for activity in your Account and for keeping your Apple ID, device and phone secure. Tell us right away at [email protected] if you believe your Account has been compromised. You remain responsible for transactions made by anyone you allow to use your device or Account, to the extent permitted by law.

4.6 Nature of your Account. Your Account, your Balance and the Items in your Collection are a limited, revocable license to use the Platform under these Terms. They are not property, a deposit or an investment, except that you own an Item once title passes to you under Section 8.3.

05Boxes and Odds

5.1 What you get when you open a Box. When you open a Box, we take the Box price from your Balance and the App reveals one Item. The Item is selected from the Items in that Box's current Odds Version, according to its published Odds. You get the contractual right to receive that Item, or a substitute or Credit under Section 9, as described in Sections 6 to 9.

5.2 Odds are disclosed before you buy. Before you open a Box, the App shows you every Item in it and the Odds for each tier or rarity group. We may group several tiers under one display name, such as "Grail"; the Odds shown for a group are the combined Odds of its tiers. The price and Odds Version in effect when you confirm an open are the ones that apply to that open.

5.3 How draws work. We commit to the following:

(a) Every draw happens on our servers, using a cryptographically secure random number generator. Each draw picks a tier according to its Odds, then an Item within that tier according to its published weighting.
(b) Every user receives the same published Odds. We do not adjust Odds for individual users, accounts, spending levels or history.
(c) Our production systems have no tool that forces or selects a particular outcome for any user.
(d) We record each open, including its random values, the tier and Item selected, and the Odds Version used, so that any result can be audited. If you ask, we will confirm the Odds Version and tier that applied to one of your opens.

5.4 Odds changes. We may change a Box's Items, Odds or price at any time by publishing a new Odds Version. A change applies only to opens made after it is published. It never changes the result of an open you have already made.

5.5 No guaranteed result. Except as stated in a Box's published Odds, we do not guarantee that a Box will contain any particular Item, brand, size, scent, tier or value. We also do not guarantee that the Item Value of the Item you receive will equal or exceed the price of the Box. Many opens produce an Item whose Item Value is less than the Box price.

5.6 Item Value. Item Value is the retail value we assign to an Item for the size shown, based on Retailer list prices and other market information we consider relevant, including third-party pricing data. It is used to group Items into tiers and to calculate Sell-Back amounts. It is an estimate, not an appraisal, and not a promise of what an Item is worth or could be resold for. Prices at Retailers and on other sites change, and may be higher or lower than Item Value.

5.7 Opens are final. Once an Item is revealed, the open is final and cannot be cancelled or reversed, except under Section 10 (errors) or Section 12 (refunds), or where required by law.

5.8 Box availability. We may add, change, pause or retire any Box at any time, including before every Item listed in it has been won.

06Your Collection

6.1 After you win. A revealed Item appears in your Collection. While an Item is in your Collection, you can:

(a) request shipment under Section 8; or
(b) sell it back for Credit under Section 7.

6.2 Rights, not title. An Item in your Collection represents your contractual right to have that Item delivered to you, subject to these Terms. It does not mean we are holding that physical product for you. We generally buy Items from Retailers only after you submit a Ship Request (Section 8.2). Title passes to you only as described in Section 8.3.

6.3 No transfers between users. You may not sell, trade, gift or transfer Items in your Collection, or your rights to them, to anyone else through the Platform or otherwise. Once an Item has been delivered to you, you own it and may use, give away or resell it as you like.

07Sell-Back and Auto-Sell

7.1 Selling back an Item. While an Item is in your Collection, the App shows the Sell-Back amount we currently offer for it. That amount is a percentage of its Item Value (the "Sell-Back Rate"). If you tap "Sell" (or a similar button) and confirm, we add that amount to your Balance as Credit, and the Item is removed from your Collection.

7.2 What a Sell-Back is. A Sell-Back is a separate transaction. In it, you give up your contractual right to receive the Item in exchange for Credit. It is not a refund of the Box price, a cash payment or a prize. Credit you receive from a Sell-Back is the same Royal Notes Credit described in Section 11, and it cannot be withdrawn as cash. Sell-Backs are final once confirmed.

7.3 Auto-Sell. Each Item in your Collection shows a countdown to the end of its Auto-Sell Window. If you have not requested shipment or sold back the Item before the window ends, we will automatically sell it back for you. You will receive the Sell-Back amount that applies at that time, as Credit. We may, but do not have to, remind you before an Auto-Sell. We may extend an Auto-Sell Window, for example while a Ship Request is being reviewed.

7.4 Royal Notes is the only buyer. Sell-Backs are offered only by Royal Notes. The Platform does not support sales between users.

08Shipping

8.1 Ship Requests. To ship an Item, choose a saved U.S. address. The App then shows a quote with the Shipping Charges, including the shipping fee and any sales tax. If you confirm, we deduct the Shipping Charges from your Balance. If the Shipping Charges change before you confirm, we will ask you to confirm the new amount. Sales tax is calculated and charged as shown in the quote.

8.2 How fulfillment works. After you submit a Ship Request, we buy the Item, or a substitute under Section 9, from a Retailer, and the Retailer ships it directly to your address. The Item may arrive in the Retailer's packaging, with its invoice or branding. We will show the status of your shipment in the App (requested, purchased, shipped with tracking when available, and delivered). Delivery times are estimates. They depend on Retailers, carriers and stock, and are not guaranteed.

8.3 Title and risk of loss. Title to, and risk of loss of, a physical Item passes to you when the packaged Item is handed to the carrier for delivery to the address you provided. Before that, you hold only the contractual right described in Section 6.2. Paying for a Box, revealing an Item, placing it in your Collection, submitting a Ship Request or creating a shipping label does not itself transfer title.

8.4 Addresses we can ship to. We ship only to addresses in the United States. Fragrances are flammable liquids, so carrier rules limit how they can be shipped. We may decline or delay shipment to P.O. boxes, APO/FPO/DPO addresses, U.S. territories, or any address our Retailers or carriers will not serve. If we cannot ship to an address, we will ask you for another one, or cancel the Ship Request and refund the Shipping Charges as Credit. You are responsible for giving a correct and complete address. We are not responsible for a delivery that goes wrong because of an address error you made.

8.5 Shipping problems. If an Item arrives damaged or leaking, is the wrong product or size, or is missing from a package marked delivered, contact us at [email protected] within 10 days of delivery, with photos where possible. If a shipment has not arrived within 30 days after its status changes to shipped, contact us promptly. We will investigate with the Retailer and carrier. Where we confirm the problem, we will choose one of the following: reship the Item, send a substitute under Section 9, or give you Credit equal to the Item Value plus the Shipping Charges you paid. If you do not contact us within these periods, you agree that the shipment you received fulfilled your Ship Request, except where the law gives you more time.

8.6 Cancellations. You cannot cancel a Ship Request after you confirm it, but you may contact us and we will try to help if the Item has not been purchased yet. We may cancel a Ship Request for any reason before the Item ships. If we do, we will refund the Shipping Charges as Credit, and the Item will return to your Collection with a new Auto-Sell Window.

8.7 Returns. Because fragrances are personal-care products, we do not accept returns of delivered Items for change of mind. Section 8.5 covers damaged, wrong and missing Items.

09Unavailable Items, substitutes and Credit instead

9.1 When this applies. We buy Items only after you ask us to ship them. A Retailer may be out of stock, may have discontinued the Item, may be unable to ship it, or may charge materially more than its Item Value. In any of these cases, we may do one of the following:

(a) send the same Item from another Retailer;
(b) send a substitute product whose Item Value is equal to or greater than the original Item's, and which is as similar as reasonably possible in brand, scent family and size; or
(c) give you Credit equal to the full Item Value plus the Shipping Charges you paid, and close the Ship Request ("Credit Instead").

9.2 Images and product details. Item images are representative. Packaging, bottle design, batch codes and formulation can differ from the images, because fragrance houses update packaging and reformulate products from time to time. An Item matches its listing if it is the same product (brand, name and concentration) in the same size, even if it differs from the image in those ways.

10Errors

If we determine that any Platform information or configuration was wrong because of a human, technical, data, pricing or supplier error, we may correct the error and take reasonable steps to put you and us back where we should have been. This includes an Item, Item Value, Box price, Odds, Odds Version, Sell-Back amount, Shipping Charges or Balance. Those steps may include voiding or reversing an affected open, Sell-Back or Ship Request; removing an Item from your Collection; and adjusting your Balance. If we void an open, we will return the Box price to your Balance. If a confirmed error caused you to pay more than you should have, we will refund the difference to your original payment method or as Credit (Section 12). You may not knowingly take advantage of an error.

11Royal Notes Credit

11.1 Adding funds. You can buy Credit through the App in the amounts shown, within the minimum and maximum limits shown. Payments are processed by our Payment Processor, which may handle payment by card or Apple Pay. By adding funds, you authorize us and our Payment Processor to charge your payment method for the amount you confirm. Your use of the Payment Processor is also subject to its own terms and privacy policy. Prices and Credit are in U.S. dollars.

11.2 What Credit is. Credit is store credit that can be used only on the Platform, to open Boxes, pay Shipping Charges and buy other products we offer there. Credit:

(a) has no cash value and cannot be withdrawn, cashed out or redeemed for money, except where the law requires it;
(b) cannot be transferred, sold, gifted or pledged to anyone, or moved to another Account;
(c) is not a bank account, a deposit, a payment account, a general-purpose prepaid card or a security, and it does not earn interest or carry FDIC or other government insurance; and
(d) cannot be used outside the Platform or with any other merchant.

11.3 Expiration and fees. Credit does not expire, and we do not charge inactivity or maintenance fees. If unused Credit becomes reportable as unclaimed property under applicable law, we will handle it as that law requires.

11.4 Balance records. We keep a record of every addition to and deduction from your Balance, and you can see your transaction history in the App. If we find an error in your Balance, we may correct it under Section 10.

11.5 Chargebacks and reversals. If a payment for Credit is refunded, reversed or charged back, we will deduct the matching amount from your Balance. This can make your Balance negative. If your Balance becomes negative, we may block your Account until the amount is resolved. We may also reverse or void opens, Sell-Backs and Ship Requests that were funded by the reversed payment. If a chargeback is later resolved in our favor, we will restore the amount deducted. Filing a chargeback for a transaction you authorized is a breach of these Terms.

11.6 Limits and reviews. We may set or change limits on how much Credit you can buy, decline any payment, and delay or review transactions to prevent fraud and protect users.

11.7 Taxes. We charge sales tax where required, as shown before you confirm a purchase or Ship Request. Apart from taxes we collect, you are responsible for any taxes that apply to your use of the Platform.

12Refund policy

12.1 Purchases are final. Except as stated in this Section, in Section 8.5, Section 9 or Section 10, or where required by law, all purchases of Credit, Box opens, Sell-Backs and Shipping Charges are final and non-refundable.

12.2 When we will issue a refund. We will refund or credit you, in whole or in part, if:

(a) you were charged twice, or charged the wrong amount, because of a confirmed technical, processing or pricing error;
(b) a charge was unauthorized or fraudulent, as confirmed after review by us or our Payment Processor;
(c) we accepted your payment but did not add the Credit to your Account;
(d) we cancel a Ship Request, or cannot fulfill it, under Section 8 or Section 9; or
(e) a refund is required by law.

Refunds under (a) to (c) go to your original payment method where possible. Other refunds are issued as Credit, unless the law requires otherwise.

12.3 What we do not refund. We do not issue refunds for:

(a) the random result of a Box;
(b) disliking a scent or Item that matches its listing;
(c) changes in Item Values or Retailer prices;
(d) Auto-Sells that happen because you did not ship or sell back an Item in time;
(e) Credit you have already used; or
(f) account restrictions or Balance deductions resulting from chargebacks, fraud or breaches of these Terms.

12.4 How to ask. Email [email protected] within 30 days of the transaction. Include the email address on your Account, the transaction date and amount, and a description of the problem. Shipping problems follow the deadlines in Section 8.5. Where the law gives you longer, the longer period applies.

13Promotions

We may offer promotions, such as discounted Boxes, bonus Credit or referral rewards. Each promotion is subject to these Terms and to any rules we show with it, which may include eligibility, limits, expiration and how promotional value can be used. Promotional value has no cash value. Any estimate of a reward is not a guarantee, and reward rates may change. We may change or end any promotion at any time, to the extent permitted by law, and may cancel promotional value obtained through fraud, multiple Accounts or breaches of these Terms.

14Fragrance products

14.1 Product safety. Items are cosmetic products made by third-party manufacturers. Read the label and ingredients before use. Fragrances can cause allergic reactions or skin sensitivity: test a small amount first, and stop using a product that irritates you. Fragrances are flammable. Keep them away from heat, flame and children. Except for liability that cannot be excluded by law, we are not responsible for reactions to a product, or for misuse of it.

14.2 Product information. Product names, descriptions, scent notes and images come from manufacturers, Retailers and our own research. We work to display them accurately, but we do not guarantee that they are complete, current or error-free. Your screen may also not show colors exactly.

14.3 Authenticity. We buy Items new from Retailers we believe sell authentic products. If you reasonably believe a delivered Item is not authentic, contact us within 30 days of delivery and include photos. If we agree after review, we will replace the Item or give you Credit equal to its Item Value plus the Shipping Charges you paid.

14.4 Brands. Fragrance brand names, product names, logos and images belong to their owners. They appear on the Platform only to identify the products. Royal Notes is not affiliated with, sponsored by or endorsed by any fragrance brand or Retailer unless we say so.

15Acceptable use

You agree not to, and not to try to:

(a) break any law, or use the Platform for fraud, money laundering, terrorist financing, sanctions evasion or other illegal financial activity;
(b) create, control or use more than one Account, or use someone else's Account, identity, phone number or payment method;
(c) use a VPN, proxy, emulator, location-spoofing tool, jailbroken or rooted device, or similar tool to get around eligibility, location, verification or security controls;
(d) use bots, scripts, scrapers or other automated means to access the Platform, open Boxes, collect data or make transactions;
(e) copy, modify, reverse engineer, decompile or try to extract the source code of the App or Platform, or interfere with its servers, payment systems or security;
(f) take advantage of bugs or errors, or manipulate draws, Odds, Item Values, Sell-Back amounts, Shipping Charges or Balances;
(g) file a chargeback for a transaction you authorized, or make a false claim about a shipment, refund, authenticity or identity;
(h) sell, rent or transfer your Account, Credit or Collection, or use the Platform for any commercial purpose other than personal use;
(i) impersonate anyone, or falsely suggest that you are affiliated with or endorsed by Royal Notes;
(j) harass, threaten or abuse other users, or our staff, contractors or service providers;
(k) upload or send malware, spam or unlawful content; or
(l) help anyone else do any of these things.

16Fraud, compliance and enforcement

16.1 What we may do. If we reasonably believe that you have broken these Terms, misused the Platform, or exposed us or other users to fraud, legal or security risk, we may, to the extent permitted by law:

(a) suspend, limit or close your Account;
(b) delay, cancel, void or reverse opens, Sell-Backs, Ship Requests or purchases of Credit;
(c) remove Credit or Items obtained through the misconduct;
(d) offset amounts you owe us against your Balance; and
(e) report activity to law enforcement, regulators, our Payment Processor or card networks.

Our decisions may rely on confidential fraud and risk criteria, which we are not required to disclose.

16.2 Verification. We may ask for information to confirm your eligibility, identity, phone number or payment method, and may restrict your Account until we receive it.

17Intellectual property

17.1 Our rights. The Platform and everything in it are owned by Royal Notes or its licensors and protected by intellectual property laws. This includes software, design, text, graphics, animations, sounds, Box art and the "Royal Notes" name and logo. Except for the license below, these Terms give you no rights in them.

17.2 Your license. Subject to these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable and non-sublicensable license to download and use the App on Apple devices you own or control, and to use the Platform for your personal, non-commercial use.

17.3 App updates. You are responsible for installing updates to the App. Older versions may not work, or may show outdated information, including outdated disclosures and Terms.

17.4 Content you provide. You keep any rights you have in content you give us, such as your username or support messages. You give us a non-exclusive, royalty-free, worldwide license to use that content to operate, provide, secure and improve the Platform. This license ends when the content is deleted from our systems, except for copies we must keep under our Privacy Policy or the law.

17.5 Sharing. The App may let you share an image of an Item you have won to other apps or social networks. Those services' own terms apply to anything you share there. You are responsible for what you share.

17.6 Feedback. If you send us ideas or suggestions, we may use them without restriction or payment to you, and they will not be treated as confidential.

17.7 Copyright complaints. If you believe content on the Platform infringes your copyright, send a notice to [email protected] that includes:

(a) your physical or electronic signature;
(b) a description of the copyrighted work;
(c) a description of the infringing material and where it appears on the Platform;
(d) your contact information;
(e) a statement that you believe in good faith that the use is not authorized; and
(f) a statement, under penalty of perjury, that your notice is accurate and that you are the owner or are authorized to act for the owner.

18Apple App Store terms

If you downloaded the App from Apple's App Store, the following also applies:

(a) These Terms are between you and Royal Notes only, not Apple Inc. ("Apple"). Royal Notes, not Apple, is solely responsible for the App and its content.
(b) Your license to use the App is limited to use on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. Accounts linked to you through Apple's Family Sharing may also use the App as those rules allow.
(c) Apple has no obligation to provide maintenance or support for the App.
(d) If the App fails to conform to any warranty that applies to it, you may notify Apple, and Apple will refund the App's purchase price to you, if there was one. To the maximum extent permitted by law, Apple has no other warranty obligation for the App. Royal Notes is responsible for any other claims, losses, liabilities, damages, costs or expenses caused by a failure to conform to a warranty, to the extent these Terms do not disclaim them.
(e) Royal Notes, not Apple, is responsible for addressing any claim by you or a third party relating to the App or your possession or use of it. This includes product liability claims, claims that the App fails to meet a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.
(f) If a third party claims that the App, or your possession and use of it, infringes that party's intellectual property rights, Royal Notes, not Apple, is solely responsible for investigating, defending, settling and discharging that claim.
(g) You represent that you are not located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
(h) Questions, complaints and claims about the App go to Royal Notes at the address in Section 28.
(i) You must comply with any applicable third-party terms, such as your wireless data service agreement, when using the App.
(j) Apple and its subsidiaries are third-party beneficiaries of these Terms. Once you accept these Terms, Apple has the right, and is deemed to have accepted the right, to enforce them against you as a third-party beneficiary.

Purchases of Credit and physical Items are processed by our Payment Processor, not through Apple's in-app purchase system. Apple is not responsible for those transactions.

19Third-party services

The Platform works with services we do not control. These include Apple (sign-in and Apple Pay), our Payment Processor, Twilio (phone verification), Retailers, shipping carriers, and our advertising measurement partner. Your use of those services may be subject to their own terms. We are not responsible for their availability, accuracy, acts or omissions. Including a third-party service on the Platform does not mean we endorse it.

20Suspension, termination and account deletion

20.1 Our rights. We may suspend or close your Account, or stop offering any part of the Platform, under Section 16 or for any other reason allowed by law.

20.2 If we close your Account or the Platform without cause. If we close your Account or shut down the Platform for reasons other than your breach of these Terms, fraud, or a legal requirement, we will give you at least 30 days' notice. During that time you can use your Credit and ship or sell back Items in your Collection.

20.3 Deleting your Account. You can delete your Account in the App or by emailing [email protected]. Before you confirm, ship or sell back the Items in your Collection and use your remaining Credit. The App will warn you of the following before you confirm. When you confirm deletion, to the extent permitted by law:

(a) any remaining Credit is cancelled;
(b) any Items still in your Collection are cancelled, and you give up your rights to them; and
(c) Ship Requests that are already in progress will still be fulfilled.

We keep certain records after deletion, as described in our Privacy Policy.

20.4 Effect of closure. When your Account closes, your license to use the Platform ends. Sections that by their nature should survive, survive. This includes amounts you owe us, chargeback obligations, Sections 14 and 16 to 27, and anything that accrued before closure.

21Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM, BOXES, ODDS DISPLAYS, ITEM VALUES, CREDIT AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." EXCEPT AS EXPRESSLY STATED IN THESE TERMS (INCLUDING SECTIONS 5.3, 8.5, 9 AND 14.3), ROYAL NOTES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, OR THAT ANY ITEM WILL HAVE OR KEEP ANY PARTICULAR VALUE. PRODUCTS ARE MADE BY THIRD PARTIES. ANY MANUFACTURER WARRANTY IS PROVIDED BY THE MANUFACTURER, NOT BY US.

Royal Notes is not your broker, agent or advisor and has no fiduciary duty to you. Nothing on the Platform is financial, investment, tax or legal advice.

Some jurisdictions do not allow certain warranties to be disclaimed. In those jurisdictions, these disclaimers apply only to the extent the law allows.

22Limitation of liability

22.1 Types of damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ROYAL NOTES AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

22.2 Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US TO BUY CREDIT IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

22.3 Exceptions. Nothing in these Terms limits liability that cannot be limited by law, such as liability for fraud, gross negligence, willful misconduct, or death or personal injury caused by negligence. Some jurisdictions do not allow these limitations, so they may not apply to you.

23Indemnity

To the extent permitted by law, you will indemnify and hold harmless Royal Notes and its members, managers, officers, employees, agents and service providers from third-party claims, and related losses and reasonable attorneys' fees, arising from:

(a) your breach of these Terms;
(b) your violation of any law or third-party right; or
(c) your fraud or willful misconduct.

We may take over the defense of any such claim at our own cost, and you will cooperate with us. You may not settle such a claim without our written consent. This Section does not require you to indemnify us for our own fraud, negligence or willful misconduct.

24Dispute resolution and arbitration

24.1 Try to resolve it first. Most concerns can be resolved by emailing [email protected]. Before starting arbitration or a court case, the party bringing the claim must send a written notice of dispute. Your notice goes to [email protected] (or to our mailing address in Section 28). Our notice goes to the email address on your Account. The notice must include:

(a) your name and the email address and phone number on your Account;
(b) your mailing address;
(c) a description of the claim, with relevant dates and transaction details; and
(d) the relief requested.

For 30 days after the notice is received, both parties will try in good faith to resolve the dispute. If either party asks, this includes an individual phone or video call. Any deadline to file a claim is paused during those 30 days. This process must be completed before arbitration or a court case can begin.

24.2 Agreement to arbitrate. If the dispute is not resolved, you and Royal Notes agree to resolve any dispute, claim or controversy arising out of or relating to these Terms, the Platform, your Account, Boxes, Credit, Items, Sell-Backs, shipments or any transaction between us ("Dispute") by final, binding, individual arbitration. The only exceptions are those in Section 24.6. This includes Disputes about the scope, validity or enforceability of this Section, which the arbitrator will decide, except as stated in Sections 24.7 and 24.8. The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs this Section.

24.3 Rules and administrator. The American Arbitration Association ("AAA") will administer the arbitration under its Consumer Arbitration Rules then in effect, as modified by this Section. The rules are available at www.adr.org. If the AAA is unavailable or declines to administer the arbitration, the parties will agree on another administrator, or a court will appoint one.

24.4 Fees and location. Filing, administrative and arbitrator fees are paid as the AAA Consumer Arbitration Rules and fee schedule provide. Under those rules, the business pays most of the costs. Each party pays its own attorneys' fees unless the arbitrator awards them under applicable law. The arbitration will be held by video or phone, or, if an in-person hearing is required, in the county where you live or another place we both agree to.

24.5 The arbitrator's powers. The arbitrator may award the same individual relief a court could award, but only to you or to us individually, and only to the extent needed to resolve your or our individual claim. The arbitrator's decision is final and may be entered as a judgment in any court with jurisdiction.

24.6 Exceptions. Either party may:

(a) bring an individual claim in small claims court, if it qualifies and stays there; and
(b) seek an injunction or other equitable relief in court to stop infringement or misuse of intellectual property.

24.7 Class action and jury waiver. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND ROYAL NOTES MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. YOU AND ROYAL NOTES EACH WAIVE THE RIGHT TO A JURY TRIAL. If a court decides that this Section 24.7 cannot be enforced for a particular claim or request for relief, that claim or request (and only that one) must be decided in court, after any individual arbitration has finished. Disputes about the enforceability of this Section 24.7 are for a court to decide.

24.8 Public injunctive relief. If any part of this Section would prevent you from seeking public injunctive relief that applicable law allows, such as under California's McGill rule, that relief may be sought in court. That court case will be paused until any individual arbitration has finished.

24.9 Mass filings. If 25 or more similar demands for arbitration are filed against Royal Notes by or with help from the same or coordinated counsel, the AAA's Mass Arbitration Supplemental Rules will apply. The demands will be administered in batches of up to 100, with one arbitrator per batch, and bellwether proceedings may be used where the rules allow. Any deadline to file a claim is paused for demands waiting to be heard. This process does not take away anyone's right to an individual arbitration.

24.10 Your right to opt out. You may opt out of this agreement to arbitrate. To do so, email [email protected] with the subject "Arbitration Opt-Out" within 30 days after you first accept these Terms. Include your name and the phone number on your Account. If you opt out, the rest of these Terms still apply, and Disputes will be resolved in the courts named in Section 25.

24.11 Future changes to this Section. If we make a material change to this Section 24, you may reject it by emailing [email protected] within 30 days after it takes effect. If you do, the previous version of this Section will continue to apply to Disputes between us.

24.12 Deadline to bring a claim. To the extent permitted by law, any claim must be brought within one (1) year after it arises. After that, it is permanently barred.

24.13 Confidentiality. The parties will keep arbitration proceedings and awards confidential, except as needed to prepare for or conduct the arbitration, enforce an award, or comply with the law.

24.14 Severability. If any part of this Section 24, other than Section 24.7, is found to be unenforceable, that part will be severed, and the rest of this Section will remain in effect.

25Governing law and venue

These Terms are governed by the laws of the State of Wyoming, without regard to its conflict-of-law rules, except where the law of the state where you live requires otherwise. The Federal Arbitration Act governs Section 24. Disputes that are not arbitrated will be brought only in the state or federal courts located in Wyoming. You and we consent to those courts' jurisdiction, except that small claims may be brought where you live.

26.1 Electronic notices. You consent to receive agreements, notices, disclosures and other communications from us electronically: in the App, by email, by push notification or by text message. Electronic communications satisfy any legal requirement that a communication be in writing.

26.2 Calls and texts. You agree that we and our service providers may contact you at the phone number and email address on your Account for verification, security, transactions, support and legal matters, including by text message. Message and data rates may apply.

26.3 Marketing. If we send marketing messages, you can opt out at any time by following the instructions in the message. Opting out of marketing does not stop non-marketing communications about your Account.

27General terms

27.1 Entire agreement. These Terms and the Additional Terms are the entire agreement between you and Royal Notes about the Platform. They replace any earlier agreements on that subject.

27.2 Assignment. You may not assign or transfer these Terms without our written consent. Any attempt to do so is void. We may assign these Terms to an affiliate, or in connection with a merger, acquisition or sale of assets.

27.3 Severability; no waiver. If any provision is found to be unenforceable, it will be enforced to the maximum extent possible, and the rest of these Terms will remain in effect. If we do not enforce a provision, that is not a waiver of it.

27.4 Force majeure. We are not liable for delay or failure caused by events beyond our reasonable control. These include natural disasters, epidemics, war, terrorism, civil unrest, government action, labor disputes, carrier or Retailer failures, payment network or banking outages, and internet or hosting failures.

27.5 Relationship. No partnership, joint venture, employment, agency or fiduciary relationship is created by these Terms.

27.6 No third-party beneficiaries. Except for Apple under Section 18, these Terms give no rights to anyone else.

27.7 Interpretation. Headings are for convenience only. "Including" means "including without limitation." These Terms are written in English. If they are translated, the English version controls.

27.8 Export. You may not use or export the App in violation of U.S. export laws.

27.9 California users. Under California Civil Code § 1789.3, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (916) 445-1254 or (800) 952-5210.

28Contact

Royal Notes LLC 30 N Gould St Ste R Sheridan, WY 82801

Email: [email protected] (support, legal notices, arbitration opt-outs and privacy requests)