Bashi Platform Terms of Use and Privacy Statement

THESE TERMS, WHICH INCORPORATE THE BASHI PLATFORM DOS AND DON'TS, GOVERN YOUR USE OF THE BASHI PLATFORM AND ANY RELATED SERVICES (COLLECTIVELY "PLATFORM"). BY ACCESSING OR USING THE PLATFORM, YOU ARE CONCLUDING (OR RE-CONFIRMING) A LEGALLY BINDING CONTRACT BASED ON THESE TERMS ("AGREEMENT") WITH US, MIGHTY HURRICANE HOLDINGS INC. D/B/A BASHI PLATFORM, ON BEHALF OF YOURSELF AND THE COMPANY OR ORGANIZATION YOU ARE ACTING FOR (COLLECTIVELY "YOU").

1. Permission to use the Platform.

1.1 Permission. We grant you a limited, freely revocable, personal, non-assignable, non-sublicenseable, non-exclusive permission to use the Platform to access or provide information concerning the sharing, development, and sale and purchase of designs and services for use in the creation of apparel and other consumer goods with other registered users of the Platform. We reserve all other rights and do not permit any other usage of the Platform. You acknowledge that the Platform is a public marketplace and access is for members only.

1.2 Conditions. We grant permission on the condition that you fully comply with these Terms including the Bashi Platform Do’s and Don’ts and all applicable laws. These Terms constitute contractual restrictions, they define and limit your permission to access our service, software and computers, and they define and limit any licenses under intellectual property laws. If you use the Platform in violation of these Terms, then you act without permission and any previously granted permission expires; consequently, you would commit a breach of contract, a violation of any laws prohibiting access of computers without or exceeding permission, and an infringement of our intellectual property rights. We reserve the right to revoke your access to the Platform without notice if we determine, in our sole discretion, that you have breached these Terms.

1.3 Rights Reserved. We reserve all rights not expressly granted herein, including, without limitation, title, ownership and all intellectual property rights to the Platform, any information we upload or display, our technologies and any other tangible and intangible items we own or license from third parties. You agree not to exploit any information, designs or content that are displayed on the Platform unless you have been granted a license to do so from the intellectual property rights owner.

2. Rights to content on the Platform.

2.1 Your Files. Except as otherwise provided in clause 2.2. below, you retain ownership to copyrights, trademarks and any other intellectual property rights to designs, any files or other content that you develop unrelated to the Platform and then upload, or are uploaded by us at your request, to the Platform ("Your Files"). Subject to clause 2.2 below, you remain free to use Your Files at your sole discretion and you are free to remove Your Files from the Platform at any time. However, you acknowledge our right to retain a copy of Your Files for audit and record-keeping purposes. You also acknowledge that we are not responsible for any loss or deletion of content from the Platform, and you are solely responsible for securing and backing up Your Files.

2.2 Creator Submissions. You agree that you will not and will not permit a third party to use, offer for sale or sell any designs or innovative ideas submitted in response to an Opportunity posted on the Platform (“Submission”) unless (a) you are the creator of the Submission and have been notified that the Submission is unsuccessful or (b) you are a retailer/wholesaler and you have purchased the Submission from the creator. If you are a creator and have been notified that your Submission is successful, you agree to execute the Assignment of Intellectual Property Rights.

2.3 License to Use Your Files. By uploading or permitting us to upload Your Files to the Platform, you grant us a worldwide, royalty-free, perpetual, irrevocable, assignable, sublicensable, non-exclusive license to use, display, edit, modify, reproduce, distribute, store and prepare derivative works of Your Files ("Derivative Works"). You agree not to assert any moral rights or rights of publicity against us for using Your Files or any Derivative Works.

2.4 Our Files and Contributions. We reserve all rights to our files, contributions and information, including to any Derivative Works, without limiting the generality of Section 1.3.

3. Fees and costs.

3.1 Platform Fees. The fees for your use of our Platform are set forth in the attached Fee Schedule.

3.2. Costs Incurred by You. You are solely responsible for any costs, fees or other amounts you incur in connection with your use of the Platform or any transaction you enter into as a result of using the Platform, including without limitation materials fees or other costs for any items purchased or ordered, sample yardage or swatch costs, courier or delivery fees, taxes, and customs duties.

4. Restrictions on use of the Platform.

4.1 Prohibited Conduct. You must not access or use the Platform in violation of these Terms including any of the Bashi Platform Dos and Don'ts, of any applicable laws or regulations, or of any third party rights (collectively "Prohibited Conduct"). We reserve the right to monitor your use of the Platform and, in addition to our right to revoke your access to the Platform in Section 1.2, we reserve the right to revoke or deny access to the Platform without notice to any person or entity whose use of the Platform suggests, in our sole discretion, Prohibited Conduct.

4.2 Our Right to Remove Content. We have the right to remove or delete any files, information, or other content you upload to the Platform without notice if we determine, in our sole discretion, that the content or your uploading of the content amounts to Prohibited Conduct.

4.3 Your Warranty and Indemnity. You warrant that all access to and use of the Platform by you will fully comply with these Terms and with all applicable laws. You also agree that you will be liable to us and will indemnify us for any breach by you of that warranty or of these Terms, and for any legal claim or demand (including reasonable attorney's fees) that arises from your use of the Platform. You acknowledge that we may handle our legal defense of any claim or demand however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

4.4 Third Party Intellectual Property Rights. Without limiting the generality of Section 4.1, you must not upload any infringing files, information, or other content to the Platform or provide us with suggestions or instructions that will cause the infringement of third party trademarks, copyrights or other intellectual property rights. You warrant that any files, designs, materials or content that you upload or submit to the Platform is your original work and does not infringe any third party intellectual property rights. Without limiting the generality of Section 4.3, you must indemnify us and hold us harmless from any third party claims that allege infringement caused by you in violation of this Section 4.3. We also have the right to disclose your identity to any third party who claims that any content submitted or uploaded by you to the Platform constitutes a violation of their intellectual property rights, or of their right to privacy.

5. Changes.

Subject to clause 20 below, we may change the Platform or these Terms, or discontinue the Platform at any time, without advance notice, at our sole discretion, for any or no reason. We may also assign our contract to an affiliated entity or an acquirer of all or substantially all our assets, with notice to you. If you do not wish to accept the changes or an assignment, your sole remedy is to terminate our contract and discontinue using the Platform.

6. Warranty Disclaimer.

WE PROVIDE THE PLATFORM AND ANY INFORMATION AND SERVICES ‘AS IS,’ WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS. YOUR USE OF THE PLATFORM AND ANY DESIGNS, CONTENT OR ANY OTHER MATERIALS OR INFORMATION ON OR SUBMITTED VIA THE PLATFORM IS AT YOUR SOLE RISK. FURTHER, ANY TRANSACTIONS YOU ENTER INTO AS A RESULT OF USING THE PLATFORM ARE AT YOUR SOLE RISK. WE DISCLAIM ANY WARRANTIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. IN PARTICULAR, WE DO NOT WARRANT, EXPRESSLY OR IMPLIEDLY, THAT THE PLATFORM OR ANY MATERIALS OR INFORMATION ON THE PLATFORM ARE OWNED BY US OR NOT INFRINGING THIRD PARTY COPYRIGHTS OR OTHER RIGHTS, THAT THE PLATFORM WILL MEET ALL OF YOUR REQUIREMENTS OR EXPECTATIONS, THAT THE PLATFORM WILL FUNCTION UNINTERRUPTEDLY, TIMELY, SECURELY OR ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED, OR THAT ANY PARTY TO A TRANSACTION YOU MAY ENTER INTO AS A RESULT OF USING THE PLATFORM IS CREDITWORTHY OR OTHERWISE RELIABLE. YOU UNDERSTAND THAT THE MATERIALS ARE PRODUCED, LISTED, AND SOLD DIRECTLY BY INDEPENDENT SELLERS. WE THEREFORE DO NOT MAKE ANY WARRANTIES ABOUT THE QUALITY, SAFETY, OR LEGALITY OF ANY MATERIALS ON THE PLATFORM. ANY LEGAL CLAIM RELATED TO ANY MATERIALS PURCHASED BY YOU AS A RESULT OF USING THE PLATFORM MUST BE BROUGHT DIRECTLY AGAINST THE SELLER. YOU RELEASE US FROM ANY CLAIMS RELATED TO MATERIALS PURCHASED AS A RESULT OF USING THE PLATFORM, INCLUDING WITHOUT LIMITATION FOR DEFECTIVE ITEMS, MISREPRESENTATIONS BY SELLERS, OR PRODUCT LIABILITY CLAIMS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OR REPRESENTATIONS IN RESPECT OF THE PLATFORM AND ANY MATERIALS SHOWN ON THE PLATFORM, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT. SUCH ISSUES MUST BE RESOLVED DIRECTLY BETWEEN USERS OF THE PLATFORM.

7. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM AND EXCLUDE ALL LIABILITY OF MIGHTY HURRICANE HOLDINGS INC. D/B/A BASHI PLATFORM AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES AND SUBCONTRACTORS FOR ANY DIRECT, INDIRECT, FORESEEABLE OR UNFORESEEABLE, TYPICAL OR NON-TYPICAL OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS, WHETHER DERIVED FROM TORTS, BREACHES OF CONTRACT, BREACHES OF DUTY OR ANY OTHER LEGAL THEORY. IF AND TO THE EXTENT SUCH LIMITATION IS NOT ENFORCEABLE UNDER APPLICABLE LAW, YOU AGREE THAT OUR LIABILITY SHALL BE LIMITED TO 10,000.00 US DOLLARS.

Privacy Statement

8. General Privacy Policy

This statement (hereinafter the “Privacy Statement”) shows our commitment to protect your Personal Data (as defined below) and explains our practice in relation to the collection, retention, storage and sharing of Personal Data.

When we collect information from you, our policy is to comply fully with the requirements of the Personal Data (Privacy) Ordinance (Cap. 486, Laws of Hong Kong) (the “PDPO“),the European Union's General Data Protection Regulation 2016/679 ("GDPR"), and any other applicable laws regulating the treatment of Personal Data. Personal Data is any information relating to any living individual from which it is possible to specifically identify that individual ("Personal Data"), including but not limited to that individual's name, mailing address, email address, postal code, phone number and credit card numbers. In dealing with Personal Data, we will ensure our staff complies with the standards of security and confidentiality prescribed by law.

We may seek your consent to this Privacy Statement and our use of your Personal Data in a number of ways depending on the medium in which you interact with us - such as via your signature to confirm you have read our Privacy Statement or via an online checkbox.

9. Our Policy Toward Children

This Platform is not intended for use by children under the age of16 We do not allow registration by, and do not knowingly collect personal information from, anyone under 16 years of age. In the event, we become directly aware of information collected from children under the age of 16, we will take measures to remove such information from our servers. If you believe that we may have collected personal information from anyone under 16 years of age, please contact bashi@bashi.co.

If you are under the age of 18, you must have your parent’s permission to access this Platform.

10. Your California Privacy Rights and “Do Not Track”

If you are a resident of California, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by us to third parties for the third parties’ direct marketing purposes. To obtain this information, please send an email message to bashi@bashi.co with “Request for California Privacy Information” on the subject line and in the body of your message. We will provide the information requested by you at your email address in response.

Please note that our Platform does not support “Do Not Track” browser settings and we do not participate in any “Do Not Track” frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your personal or non-personally identifiable information.

11. Our Legal Basis for Processing your Personal Data

When we use your Personal Data we are required to have a legal basis for doing so. There are various different legal bases upon which we may rely, depending on what Personal Data we process and why.

The legal bases we may rely on include:

(a) Consent: where you have given us clear consent for us to process your Personal Data for a specific purpose;

(b) Contract: where our use of your Personal Data is necessary for a contract we have with you, or because you have asked us to take specific steps before entering into a contract;

(c) Legal obligation: where our use of your Personal Data is necessary for us to comply with the law (not including contractual obligations);

(d) Vital interests: where the processing or use of your Personal Data is necessary to protect someone's life;

(e) Public task: where the processing of your Personal Data is necessary for us to perform a task in the public interest;

(f) Legitimate interests: where our use of your Personal Data is necessary for our legitimate interests or the legitimate interests of a third party (unless there is a good reason to protect your Personal Data which overrides our legitimate interests).

12. Collection and Use of Personal Data

You agree that all Personal Data provided by you to us may be used and retained by us for the specific purpose given at the time of collection, for the purposes stated below, or as required by any applicable laws and regulations from time to time.

The provision of Personal Data or any information is voluntary. However, if you do not supply all information requested by us, this may result in us being unable to process your requests fully or at all.

Without limitation to the rest of the Privacy Statement, we may collect and process more information about you (whether or not fall within the scope of Personal Data), including but not limited to the following:

(a) Information you provide while utilizing the Platform, including by filling in forms on the Platform. We may also ask you for information when you report a problem with our Platform.

(b) If you contact us, we may keep a record of that correspondence.

(c) We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.

(d) Details of your visits to our Platform including but not limited to, date and time of visit, traffic data, location data, weblogs and other communication data.

(e) Your name, ID/login name, company name, address, telephone number, email address and password. We may need this information in order to provide you with access to this Platform and to ensure we can identify you. We reserve the right to request further information from you in order to verify your identity where required.

We do not collect special category personal information as defined in the GDPR. This is personal information revealing racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs, trade union membership, genetic and biometric data, or data concerning health, sex life or sexual orientation.

We shall make a record of your visit to this Platform. The record will show the domain name server address or user name and details of the pages visited. We only collect aggregate information about the number and types of visitors by reference to their domain name server address or user name address. This information is used by us to prepare general statistics on the usage of this Platform and may also be disclosed by us to any court or regulatory authority or our legal advisers in the case of any unlawful use of the Platform.

You agree that information that you or a third party provide to us about you (whether or not within the scope of Personal Data) may be used and retained by us for the following purposes or as required by any applicable laws and regulations from time to time (subject to any preferences you have notified us of):

(a) to provide our services and fulfillment of your specific requests or applications relating to our services;

(b) to process your complaints, enquiries or feedback;

(c) to identify and verify you as a user;

(d) to monitor customer traffic patterns and site usage, so to help us improve the content, function, design and layout of our Platform and provide content of interest to you;

(e) to prepare reports for companies whose employees or contractors use the Platform to show when and how often a user logins in;

(f) to make relevant disclosures in order to comply with any statutory, legal, or regulatory obligations;

(g) to prevent or detect crime;

(h) to discharge our duties under any applicable laws and regulations;

(i) to carry out any internal control analysis or internal policy-making;

(j) to carry out data analytics to improve the services provided by us and our affiliates, as well as to improve the Platform and how it is used;

(k) to satisfy the relevant requirements in our fundraising activities or other commercial transactions.

If we intend to use your Personal Data for any new purposes not listed above, we will inform you in advance and you will have an opportunity to refuse to allow us to do so.

We work to ensure that third parties who provide information about you to us have obtained consent before they pass such information on to us. Please inform us if you believe we have acquired your Personal Data this way and you have not given your consent for the third parties to do so, as it is not our intent to make use of Personal Data which has not been legitimately acquired.

13. Where your Personal Data is held

Your Personal Data may be held at our offices, those of our affiliates, Service Providers, representatives and agents as described below (See below "Disclosure to third parties"). Please note that we are (and some of these third parties may be) based outside of the EEA. For more information, see below "Transfer of Personal Data".

14. Transfer of Personal Data

In order to deliver our services your Personal Data may be transferred outside of the jurisdiction in which it was collected and may be processed by individuals and systems in a different jurisdiction. This includes to the following destinations outside of the EEA: Hong Kong, United States, the United Kingdom and China in order to store and process the data. Please note that such countries do not have the same data protection laws as the EEA. We will ensure the holding and transfer of your Personal Data complies with equivalent standards of data protection law as best we can to ensure the privacy and security of your Personal Data. Your consent to this Privacy Statement confirms that you agree that your Personal Data may be transferred outside of the EEA accordingly.

15. Security

Where Personal Data is stored electronically, we will take reasonable steps to ensure that any information provided as a result of accessing this Platform is kept secure. Our Platform has security installed to ensure that any Personal Data entered onto the site is protected against loss, misuse or alteration. Personal Data, whether stored in electronic form on computers or in hard-copy form, will be accessible only by authorised officers or employees of ours or its affiliates. Persons designated by us to handle Personal Data will comply with this Privacy Statement and/or any other relevant obligations under the PDPO, the GDPR or any other applicable laws, and are told how to fulfil our obligations to you.

Any Personal Data we receive from you will not be disclosed to any third party except as provided in this Privacy Statement, as notified to you at the time of collection and with your prior consent.

While we take appropriate steps to maintain the security of your data, you acknowledge that the open nature of the internet is such that data may flow over networks without security measures and may be accessed and used by people other than those for whom the data is intended. Whilst we use all reasonable endeavours to protect your security, we advise users that data transmission over the internet and the World Wide Web cannot be guaranteed as 100% secure, and therefore that you use the Platform at your own risk.

We have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so or if there is a risk to your rights and freedoms.

16. Hyperlinks

This Privacy Statement only applies in relation to the collection of Personal Data by us. If you click on a hyperlink taking you from this Platform to another Platform, we shall not be responsible for the privacy and security practices or the content of such Platform, or any collection of your Personal Data by the third party operating such Platform, and you should refer to the privacy policy of each Platform you enter.

17. Disclosure to Third Parties

Your Personal Data held by us will be kept confidential and shall not be disclosed or transferred to any third party without your consent. However, we may provide your Personal Data to any personnel, agent, adviser, auditor, contractor or service provider who provides services or advice to us in connection with our operations ("Service Providers"), companies who work under contract for us, or any affiliate or subsidiary of ours, where necessary in order to fulfill one or more of the purposes stated in the “Collection and Use of Personal Data” section above, or for any other purpose consented to by you or as notified to you at the time of collection of your Personal Data, provided that they are under a duty of confidentiality and we have imposed contractual obligations to ensure that they only use your Personal Data to provide services to us and you. We shall ensure that all of these other companies protect your Personal Data by applying the same standards of security as us.

We cooperate with government and law-enforcement officials and private parties to enforce and comply with the applicable laws and regulations. we may disclose your Personal Data and any other information about you to government or law-enforcement officials or private parties if, in our discretion, we believe it is necessary or appropriate in order to respond to legal requests (including court orders and subpoenas); to protect the safety, property or rights of us or of any third party; to prevent or stop any illegal, unethical or legally actionable activity; or to comply with the applicable laws and regulations.

We may also provide your Personal Data to third parties if we are under a duty to disclose or share such information in order to comply with any legal obligation, or in order to enforce or apply this Disclaimer and Privacy Statement, or other agreements; or to protect the rights, property or safety of us, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction. The recipient of the information will be bound by confidentiality obligations.

18. Promotional Communications

We may use your Personal Data to send you direct marketing (by email, text message, telephone or post) about our products and/or services, including offers, products, promotions and/or services, but we cannot do so without your consent. We will seek your consent separately and clearly for such use. We will always treat your Personal Data with respect and will not sell to or share it with other organisations for direct marketing purposes. You have the right to opt-out of receiving such updates at any time by contacting us at bashi@bashi.co.

19. Data Retention

Personal information you provide to us will be retained only for such period as may be necessary for the carrying out of the purposes referred to in this Privacy Statement or as otherwise specified at the time of collection. The retention period applied to various types of Personal Data that we hold varies dependent on the respective data collection/usage purpose and relevant legal requirements. We will keep your Personal Data while you make use of the Platform. Once you stop using the Platform and close your account with us, we will keep your Personal Data for as long as is necessary to respond to any questions, complaints or claims that may be made by you or on your behalf, to show that we treated you fairly, and/or to keep records as required by law.

20. Your Rights

You have the following rights, which you can exercise free of charge:

(a) request an explanation on our fair processing of information and transparency over how we use your use personal information;

(b) access to your personal information and to certain other supplementary information that this Privacy Statement is already designed to address;

(c) request correction to any mistakes of your Personal Data held by us;

(d) require erasure of your Personal Data;

(e) receive the Personal Data you provided to us in a structured, commonly used and machine-readable format and/or to instruct us to transmit that data to a third party;

(f) object at any time to processing of personal information concerning you for direct marketing;

(g) while we do not subject you to decisions based solely on automated processing that produces legal effects concerning you or otherwise significantly affecting you, should we ever engage in such processes, we will first notify you and you will have the right to object to such processing;

(h) object to our continued processing of your Personal Data in certain circumstances, such as if you contest the accuracy of the data;

(i) otherwise restrict our processing of your Personal Data in certain circumstances, such as if we change out legitimate interests from the basis on which we initially collected and processed your Personal Data.

If you wish to exercise any of the above rights, or make any related complaint or request in relation to your Personal Data, please contact us by sending an e-mail to bashi@bashi.co.

21. Changes to this Privacy Statement

This privacy notice was published on July 30, 2019 and last updated on September 4, 2019.

We may periodically update this Privacy Statement for new, unanticipated uses not previously disclosed. Any changes made will be posted on our Platform or notified by us to you (by email or post, for example).

22. If you supply information about other people

If you are providing information about someone else, you confirm that they have consented and appointed you to act for them, to consent to the processing of their Personal Data and that you have informed them of our identity and the purposes (as set out in this Privacy Statement) for which their Personal Data will be processed.

23. Other Information

You should note that if our business (or any part of it) is sold or transferred at any time, the information we hold may form part of the assets transferred although will still only be used in accordance with this Privacy Statement.

24. Miscellaneous.

24.1 Hyperlinks. Where the Platform contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked Platforms or information you may obtain from them. We have no control over the contents of those sites or resources.

24.2 User-Generated Content. The Platform may include information, ratings and materials uploaded by other users of the Platform, including to bulletin boards and chat rooms. This information and these ratings and materials have not been verified or approved by us. The views expressed by other users on the Platform do not represent our views or values. If you wish to complain about information or materials uploaded by others please contact us at bashi@bashi.co.

24.3 Entire Agreement. These Terms contain the entire agreement between us with respect to the Platform, your access to and use of the Platform, and any transactions you enter into as a result of using the Platform. Every time you access or use the Platform, you reconfirm our Agreement based on the then-current version of these Terms. This Agreement supersedes all prior and concurrent agreements and understandings with respect to the subject matter addressed in these Terms, except to the extent that we enter into a separate written agreement with you that expressly derogates from specifically identified sections of this Agreement. Any changes to this Agreement shall be null and void, except changes agreed by us in a hand-signed, written contract that expressly and specifically refers to the particular sections of these Terms to be changed.

24.4 No Assignment. This Agreement and any rights hereunder granted to you are personal and non-assignable to you; you must not and cannot assign or transfer this Agreement or any rights and licenses granted hereunder and any attempted transfer or assignment in violation hereof shall be null and void. We may transfer our rights or obligations or both to any person or entity, including any of our affiliates, without your consent.

24.5 Severability. If any section, or any portion thereof, of this Agreement is held illegal, void, invalid or unenforceable, such section will be changed and interpreted to accomplish the objectives of the section to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect.

24.6 Communications. Applicable laws may require that certain information or communications be in writing. When using the Platform, you accept and agree that communication with us may be electronic. We may contact you by email or provide you with information by posting notices on this Platform. For any contractual purposes, you agree to electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirements that such communication be in writing. This provision does not affect your statutory rights.

24.7 Choice of Law and Arbitration. These Terms, our contract and any dispute arising out of or related to these Terms or the Platform ("Dispute"), shall be governed by the laws of the state of New York. Any dispute, controversy, difference or claim arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the American Arbitration Association . The law of this arbitration clause shall be New York law. The seat of arbitration shall be New York City. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.

24.8 Language. If this Disclaimer and Privacy Statement are translated into any other language, the English language version shall prevail.

24.9 Contacting Us. Questions, comments and requests are welcomed and should be sent to: bashi@bashi.co.