Indigo

Terms of Service

Effective Date: October 7, 2026

Contents

Please read these Indigo Terms of Service (the “Terms of Service”) carefully. These Terms of Service apply when you access, use, or visit the Indigo mobile application (the “App”) or any website that links to these Terms of Service, and the services, content and other materials made available through the App and each applicable website (these services, content, and materials, together with the App and website(s), are referred to in these Terms of Service as the “Indigo Service”). The Indigo Service is owned and operated by Indigo Systems, Inc. (referred to in these Terms of Service as “Indigo,” “Company,” “We,” or “Us”). We prepared these Terms of Service to help explain the terms that apply to your use of the Indigo Service. Offerings and services provided through the Indigo Service may be subject to additional terms, conditions, guidelines and rules, which will be provided to you at the time you elect to receive the applicable offerings and/or services.

BY USING THE INDIGO SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND YOU REPRESENT AND WARRANT THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.

IF YOU ARE USING THE INDIGO SERVICE ON BEHALF OF A COMPANY, ENTITY OR ORGANIZATION, BAND OR OTHER MUSICAL GROUP (EACH AN “ARTIST ENTITY”), THEN YOU REPRESENT AND WARRANT THAT YOU: (I) ARE AN AUTHORIZED REPRESENTATIVE OF THAT ARTIST ENTITY AND ANY RECORDING ARTISTS REPRESENTED BY SUCH ARTIST ENTITY WITH THE AUTHORITY TO BIND SUCH ARTIST ENTITY OR REPRESENTED ARTIST TO THESE TERMS OF SERVICE, AND (II) AGREE TO BE BOUND BY THESE TERMS OF SERVICE ON BEHALF OF SUCH ARTIST ENTITY AND/OR REPRESENTED ARTIST.

NOTICE REGARDING ARBITRATION AND DISPUTE RESOLUTION: YOU AND INDIGO AGREE THAT ANY FUTURE DISPUTES BETWEEN YOU AND INDIGO WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, UNLESS YOU OPT-OUT IN ACCORDANCE WITH SECTION 19. UNLESS YOU OPT-OUT OF ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING, AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. IF YOU WISH TO OPT OUT OF ARBITRATION, FOLLOW THE OPT-OUT PROCEDURE SPECIFIED IN SECTION 19 BELOW.

1. Description of the Indigo Service

The Indigo Service provides a platform through which individual users (“Fans”) may access, stream, purchase, and otherwise engage with music, content, and features made available by recording artists who register for and activate an artist account on the Indigo Service (“Artists”). Fans and Artists are both users of the Indigo Service, and these Terms of Service apply to all users. References to “you” in these Terms of Service means you in your capacity as either a Fan or an Artist, as applicable.

2. Additional Artist Terms

If you are an Artist, you will be subject to additional rights and obligations specific to Artists’ use of the Indigo Service. Your access to Artist-level tools, features, and monetization options is conditioned on your agreement to the applicable Artist Agreement, available at https://indigoapp.live/terms/artist-agreement (the “Artist Agreement”). You may not use the Indigo Service as an Artist unless and until you have reviewed and accepted the Artist Agreement. If you qualify as an Artist, in the event of a conflict between these Terms of Service and the terms set forth in the Artist Agreement, the terms and conditions set forth in the Arist Agreement shall control and prevail with respect to your use of the Indigo Service.

3. Updates to these Terms of Service

We reserve the right to revise these Terms of Service from time to time, for example, to keep up with changes in the law, or to reflect changes in how we are doing business. When we make changes, we will update the “Effective Date” at the top of this Policy. In the event that these Terms of Service are modified in any way, we will use commercially reasonable efforts to notify users of any material changes. We suggest you review these Terms of Service periodically to ensure you are aware of our current privacy practices. If you continue using the Indigo Service after the new terms take effect, you will be bound by the modified Terms of Service.

4. Privacy Policy

In connection with your use of the Indigo Service, please review our Privacy Policy, located at https://indigoapp.live/privacy (the “Privacy Policy”), to understand how we use information we collect from you when you access, visit, or use the Indigo Service. The Privacy Policy is part of and is governed by these Terms of Service and by agreeing to these Terms of Service, you agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you in accordance with its terms.

5. Affirmative Representations Regarding Your Use of the Indigo Service

When you use the Indigo Service, you represent that: (a) the information you submit to the Indigo Service is truthful and accurate; (b) your use of the Indigo Service does not violate any applicable laws or regulations; and (c) you are at least thirteen (13) years old. Any user who is age thirteen (13) years or older but under the age of majority must use the Indigo Service only with the consent and supervision of a legal guardian. If you are a legal guardian accepting these Terms of Service on behalf of a minor, you represent and warrant that you are authorized to do so or otherwise have the authority to bind the applicable minor to these Terms of Service.

6. Account Creation

In order to access the Indigo Service you must create a user account (a “User Account”) and related log-in credentials. By providing Indigo with the requested information in connection with the creation of your User Account, you represent and warrant that the applicable information is true and accurate. You shall inform Indigo if any applicable information changes following the time you create your User Account.

7. User Account Responsibilities

You are responsible for: (a) the confidentiality of the access credentials for your User Account; (b) setting up appropriate internal roles, permissions, policies and procedures for the safe and secure use of the Indigo Service, and (c) your compliance with these Terms of Service and any documentation or specifications provided by the Company. You must notify us promptly at admin@indigosystems.ai if you become aware, or reasonably suspect, that the security of your User Account has been compromised. In addition, you acknowledge and agree (i) that you are solely responsible for ensuring that your networks and systems comply with the relevant specifications provided by the Company with respect to the use of the Indigo Service, and (ii) that you are solely responsible for procuring and maintaining your network connections and telecommunications systems as necessary to use the Indigo Service, and the Company has no responsibility for liability for any problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to the your network connections or telecommunications systems or that are otherwise caused by factors outside of the Company’s control.

8. Fees and Payments

8(a) Fees

The Indigo Service allows Fans to access music and other content or offerings made available by Artists, which may include: (a) digital recordings and other stream-able performances or works (“Recordings”); and (b) physical goods offered by Artists (“Merchandise”). Except as otherwise stated in connection with an offering, Fans may be required to pay fees to purchase access to Recordings or Merchandise, or in certain instances payments may be voluntary, and Fans may elect to tip or gift Artists payments. Tips and gifts are voluntary payments made by Fans to support Artists. All tips and gifts are final and non-refundable, and the Company has no obligation to provide refunds or credits for any tip or gift, except where required by applicable law. Amounts payable by Fans are determined by each applicable Artist, and the Company does not control applicable payment amounts. In addition, all amounts payable within the Indigo Service shall be paid through the use of “indicoins”, as further described below. You must provide a valid payment method to pay for all applicable tips, gifts, and Fees. The Company or an applicable third party payment processor will charge applicable amounts to any valid payment method that you authorize (“Authorized Payment Method”). Unless otherwise indicated, all charges are in U.S. dollars, and all payments will be in U.S. currency. All amounts payable by you under these Terms of Service will be paid free and clear of any deductions or withholdings whatsoever. Other than taxes charged by the Company to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law will be borne by you and paid separately to the relevant taxation authority. The Company will be entitled to charge the applicable amounts to your Authorized Payment Method.

8(b) indicoins

“indicoins” are the official currency of the Indigo Service. indicoins are not a substitute for real currency, do not earn interest, and have no equivalent value in real currency. indicoins cannot be redeemed for any real currency, and the Company is not obligated to exchange indicoins for anything else of value. Except as expressly set forth in any supplemental terms, and depending on your use of the Indigo Service, your acquisition or purchase of indicoins only entitles you to receive a limited, non-transferable, revocable license to use indicoins (i) in connection with the Indigo Service, (ii) for your personal entertainment only, and (iii) in any ways otherwise permitted by the Company. Your limited license to use indicoins may end if (A) you violate these Terms of Service, (B) your User Account is suspended or terminated, or (C) these Terms of Service or the Indigo Service are otherwise terminated.

8(c) Acquisition and Use of indicoins

indicoins may be acquired on the Indigo Service in one of several ways. You may acquire indicoins by purchasing or otherwise receiving indicoins from the Company or by other means that the Company may introduce. indicoins may only be redeemed within the Indigo Service, and once applicable indicoins are redeemed, you are not entitled to a refund unless otherwise required by applicable law. The Company may offer discounts or promotions on the purchase of indicoins, and applicable discounts and promotions may be modified or discontinued by the Company at any time without notice to you. The Company may establish a maximum amount you may spend to purchase indicoins per transaction and/or per day, which may vary depending on the maximum balance of indicoins you may have associated with your User Account. The Company may impose additional limits on purchases of, or how you use, indicoins. INDICOINS ARE NOT THE SAME AS CASH, GIFT CARDS, OR BANK ACCOUNTS AND ONCE PURCHASED CANNOT BE EXCHANGED FOR REAL CURRENCY OR OTHER ITEMS OUTSIDE OF THE INDIGO SERVICE.

8(d) Expiration of indicoins

indicoins purchased for monetary value do not expire, but may be terminated as described in these Terms of Service. Any indicoins acquired through promotional credits or coupons may expire in accordance with the terms applicable to the promotion or coupon.

8(e) Effect of Termination

Upon termination of your User Account, any remaining indicoins shall not be refunded and shall automatically expire. Applicable indicoins shall not be restored or reissued even if you subsequently reinstate your User Account.

9. Prohibited Uses.

In connection with your use of the Indigo Service, you agree and represent that you will not use the Indigo Service, or any music, content, features, or tools made available through the Indigo Service, in any manner that:

9(a) Infringes intellectual property or exploits the Indigo Service

— including copying, transmitting, distributing, selling, reselling, licensing, decompiling, reverse engineering, disassembling, modifying, publishing, creating derivative works from, publicly performing or displaying, incorporating into another website or service, or otherwise exploiting any part of the Indigo Service or any content available through it, whether for commercial or non-commercial purposes.

9(b) Frames, embeds, or republishes the Indigo Service

— including displaying the Indigo Service (or any portion of it) within another website, application, or work of authorship without prior written permission.

9(c) Violates law or third-party rights

— including any conduct that violates applicable law, contract, intellectual property rights, privacy rights, publicity rights, or other third-party rights, or that involves fraudulent or illegal activity such as illegal gambling, money laundering, or fraud.

9(d) Publishes or transmits harmful or inappropriate material

— including pornographic, obscene, defamatory, hateful, racist, harassing, abusive, or otherwise inappropriate content, or any use of the Indigo Service that contradicts these Terms of Service or applicable law.

9(e) Misrepresents your identity or infringes personal rights

— including impersonating any person or entity, providing false or misleading identification or contact information, or invading or violating the privacy, personal, publicity, intellectual property, or proprietary rights of any person or entity.

9(f) Scrapes, harvests, or collects data without authorization

— including spidering, harvesting, scraping, crawling, or using automated tools, bots, spyware, or similar software to collect data from the Indigo Service or to access the Indigo Service in a manner not expressly permitted.

9(g) Circumvents access or payment controls

— including attempting to bypass digital rights management, paywalls, or other mechanisms that control access to Artist content, or attempting to stream, download, or retain content without paying required fees.

9(h) Captures or redistributes streams

— including recording, ripping, downloading, or otherwise capturing streamed content for any purpose not expressly authorized.

9(i) Manipulates usage, revenue, or engagement metrics

— including artificial streaming, fraudulent transactions, coordinated manipulation of Artist earnings, or any scheme designed to distort reporting or monetization.

9(j) Interferes with the security or operation of the Indigo Service

— including probing or testing system vulnerabilities, deploying malware, disrupting networks, or attempting to gain unauthorized access to accounts, systems, or data.

9(k) Uses the Indigo Service for unauthorized commercial purposes

— including reselling access, redistributing content, or using the Indigo Service to promote or conduct commercial activities not expressly permitted by the Company.

9(l) Builds or assists in building a competing service

— including accessing or using the Indigo Service to obtain information, data, or insights for purposes of developing, operating, or improving a competing website, application, or service.

10. USER-SUBMITTED CONTENT

10(a) Submitted Content

If you are an Artist, the terms of the Artist Agreement will apply to any content you submit as an Artist in connection with the Indigo Service. As a Fan, you may be able to submit comments, files, images, photos, videos, and other materials and content to certain publicly available areas of the Indigo Service (“Submitted Content”). By posting, displaying, publishing or otherwise submitting Submitted Content on or through the Indigo Service, you understand and acknowledge that the Submitted Content you provide will not be treated as confidential or proprietary and will be publicly available through the Indigo Service. We reserve the right to delete Submitted Content for any reason, at any time, with or without notice. We assume no liability for any Submitted Content or other information removed from the Indigo Service.

10(b) Rights in Submitted Content

By providing Submitted Content through the Indigo Service, you hereby grant to Indigo a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty-free license to use, modify, publicly perform, publicly display, reproduce, and distribute the Submitted Content. This license includes the right to host, index, cache, distribute, and tag any Submitted Content, as well as the right to sublicense Submitted Content to third parties. You represent and warrant that you own the Submitted Content provided by you and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of your Submitted Content, and our use thereof, does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity.

10(c) Rules Applicable To Submitted Content

Your posting of Submitted Content is further subject to the following posting rules:

i. You may not post any content that, as determined in our sole discretion, is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent, incites or promotes any illegal or criminal acts, or is otherwise objectionable or inappropriate.

ii. You may not post any content that contains personal information about any individual, violates the privacy of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential.

iii. You will not misrepresent an affiliation with another person or organization, nor will you post any content that contains slanderous or libelous comments about others, or that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party.

iv. You may not post any content that contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing users of the Indigo Service to a location for more information about a product or service.

v. You may not post any software, files or links to other sites, and you may not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Indigo Service, or feature of the Indigo Service.

vi. You understand and acknowledge that messages and postings are the sole responsibility of the author, and that Indigo is not responsible for the message, or information, data, text or other materials in any message that may appear in a chat room, message board, or other interactive feature of the Indigo Service. Opinions expressed by users do not reflect the opinions of Indigo and Indigo does not endorse and has no control over Submitted Content.

Indigo does not tolerate objectionable Submitted Content or abusive conduct on or through the Indigo Service. The Indigo Service may employ automated, manual, or other measures designed to filter, identify, restrict, or prevent objectionable Submitted Content. Users may report Submitted Content that they believe violates these Terms of Service and may block other users through the reporting and blocking tools made available within the Indigo Service. Indigo reserves the right, but has no obligation, to review, monitor, filter, delete, edit, disable access to, or refuse to post any Submitted Content or any other materials posted, transmitted, or communicated to or within the Indigo Service. Upon receiving a report of potentially objectionable Submitted Content or abusive conduct, Indigo will promptly, and in any event within 24 hours after receiving the report, investigate and take appropriate action based on the nature and circumstances of the reported violation, including removing or disabling access to the applicable Submitted Content and restricting, suspending, blocking, or terminating the User Account of the user who submitted the content or engaged in the conduct. Indigo may also, in its sole discretion, (A) disclose your identity or other information about you to any third party who claims that Submitted Content contributed by you violates their rights, including their intellectual property rights or their right to privacy, and (B) cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose your identity or other information. Notices alleging copyright infringement and related counter notifications will be handled in accordance with the DMCA Policy in Section 11.

11. DMCA Policy

We respect the intellectual property of others and take the protection of intellectual property very seriously. Infringing activity will not be tolerated on or through the Indigo Service.

11(a) DMCA Notifications.

If you believe any content available on or through the Indigo Service infringes one or more of your copyrights, please send a notification (a “DMCA Notification”) including all of the information described below, to our DMCA Agent by mail or email using the contact information provided below. We will act expeditiously to remove or disable access to the content complained of, and in appropriate circumstances, terminate the access rights of repeat infringers. In addition, we will send a copy of the DMCA Notification to the affected user, who may submit a counter notification as described in Section 11(c) below (a “DMCA Counter Notification”) that could result in our restoring content removed in response to a DMCA Notification. You may send a DMCA Notification to our DMCA Agent at:

Attn:

Saskia Giraud

Indigo Systems, Inc.

425 1st St., #2406, San Francisco, CA 94105 Email: admin@indigosystems.ai

11(b) DMCA Notification Requirements.

All DMCA Notifications must include the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of the works.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (such as a URL for the webpage for where the material is posted).
Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and email address.
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.
A statement that the information set forth in the notification 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.

Please be advised that under Section 512(f) of the Digital Millennium Copyright Act you may be held liable for damages and attorneys’ fees if you make material misrepresentations in a DMCA Notification.

11(c) DMCA Counter Notifications from Users.

If you receive a DMCA Notification because your content is claimed to infringe a copyright, but you believe in good faith that your content is not infringing or that you have authorization to use the material, you may respond to the DMCA Notification by sending a DMCA Counter Notification to our DMCA Agent (whose contact information is provided above) that includes:

Your physical or electronic signature.
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled (such as a URL for the webpage for where the material is posted).
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a United States District Court for the judicial district in which your physical address is located and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

If you submit a DMCA Counter Notification, a copy of the DMCA Counter Notification, including your name and contact information, will be sent to the copyright owner or person who provided the DMCA notification.

Please note that sending a DMCA Counter Notification may not result in your content being restored to the Indigo Service if the copyright owner chooses to file suit against you within ten (10) business days of receiving the applicable DMCA Counter Notification.

12. Our Management of the Indigo Service; User Misconduct

12(a) Our Right to Manage the Indigo Service

We reserve the right, but do not undertake a general obligation to: (i) monitor or review the Indigo Service for violations of these Terms of Service and for compliance with our policies; (ii) report to law enforcement authorities and/or take legal action against anyone who violates these Terms of Service; (iii) refuse, restrict access to or the availability of, or remove, delete, edit or disable (to the extent technologically feasible) the Indigo Service or any portion thereof; (iv) manage the Indigo Service in a manner designed to protect our, our users’, and third parties’ rights and property or to facilitate the proper functioning of the Indigo Service; and/or (v) terminate or block your use of the Indigo Service for violating these Terms of Service. Without limiting the foregoing, Indigo will review reports and take action as described in Section 10 and will process copyright notices and counter notifications in accordance with Section 11.

12(b) Our Right to Terminate Users

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE OR ANY REMEDY WE MAY HAVE UNDER LAW OR IN EQUITY, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, RESTRICT, SUSPEND, BLOCK, OR TERMINATE ANY PERSON’S ACCESS TO OR USE OF THE INDIGO SERVICE, INCLUDING FOR A VIOLATION OF THESE TERMS OF SERVICE OR APPLICABLE LAW..

13. Third Party Services.

The Indigo Service may contain links to websites or services operated by third parties (“Third Party Services”); however, we do not own or operate the Third Party Services, and we have not reviewed, and cannot review, all of the material, including products or services, made available through Third Party Services. The availability of these links on the Indigo Service does not represent, warrant or imply that we endorse any Third Party Services or any materials, opinions, products or services available on them. Third party materials accessed through or used by means of the Third Party Services may also be protected by copyright and other intellectual property laws. THESE TERMS OF SERVICE DO NOT APPLY TO THIRD PARTY SERVICES. BEFORE VISITING A THIRD PARTY SERVICE THROUGH LINKS OR OTHER MEANS PROVIDED ON OR THROUGH THE INDIGO SERVICE, YOU SHOULD REVIEW THE THIRD PARTY SERVICES’ TERMS AND CONDITIONS AND PRIVACY POLICY, AND INFORM YOURSELF OF THE REGULATIONS, POLICIES AND PRACTICES OF THESE THIRD PARTY SERVICES.

14. Use of Artificial Intelligence

The Indigo Service may incorporate features or functionality powered by artificial intelligence, machine learning, automated decision-making, or similar technologies (“AI Features”). AI Features may generate outputs based on patterns, predictions, or probabilistic models and may not always be accurate, complete, or reflective of current information. By using the Indigo Service, you acknowledge and agree that: (a) AI-generated content is provided for general informational and entertainment purposes only; (b) you are solely responsible for evaluating the accuracy, suitability, and appropriateness of any AI-generated output before relying on it; and (c) the Company does not guarantee the performance, reliability, or results of any AI Features. You may not use AI Features to engage in unlawful, harmful, infringing, or abusive conduct, including attempts to generate or disseminate misleading, deceptive, or unauthorized content. The Company may monitor, limit, or suspend access to AI Features at its discretion to maintain safety, compliance, and service integrity.

15. App Access.

You acknowledge and agree that the availability of the App may be dependent on third party websites or mobile applications from which you download the App (e.g., the Apple App Store or Google Play Store) (each a “Third Party App Store”). You acknowledge that these Terms of Service are between you and the Company and not with the applicable Third Party App Store. Each Third Party App Store may have its own Terms of Service and conditions to which you must agree before downloading the App from it. You agree to comply with, and your license to use the App is conditioned upon, your compliance with the applicable Third Party App Store terms and conditions. To the extent that other terms and conditions from the applicable Third Party App Store are less restrictive than, or otherwise conflict with, these Terms of Service, the more restrictive or conflicting terms and conditions in these Terms of Service will apply.

16. Ownership of the Indigo Service; Limited License.

Excluding Recordings, Merchandise and User Submissions made available through the Indigo Service, and any other third party content provided through the Indigo Service, Indigo shall own and retain all right, title and interest in and to the Indigo Service, and all intellectual property rights arising therefrom or related thereto. Indigo shall grant, and hereby grants to you, a non-exclusive, non-transferable, and limited license, subject to these Terms of Service, to access and use the Indigo Service for the purposes set forth herein and for such other approved purposes as permitted by Indigo from time to time. Any other use of the Indigo Service is expressly prohibited. Except for the foregoing express, limited license, all other rights in the Indigo Service are reserved by Indigo; provided, that, subject to these Terms of Service and full payment of all applicable Fees, if you are granted access to Recordings through the Indigo Service, you are granted a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access the Recordings for your own private, personal, non-promotional, non-commercial use.

17. Warranty Disclaimers.

EXCEPT AS EXPRESSLY SET FORTH HEREIN OR AS MAY NOT BE LIMITED BY LAW, THE INDIGO SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, INDIGO MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF ACCURACY, COMPLETENESS, NONINFRINGEMENT, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMMERCIAL UTILITY, SCOPE, OR TITLE WITH RESPECT THERETO. INDIGO DOES NOT GUARANTEE ANY RESULTS OR OUTCOME IN CONNECTION WITH THE USE OF THE INDIGO SERVICE. INDIGO CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE INDIGO SERVICE. WE ASSUME NO RESPONSIBILITY WHATSOEVER AND SHALL NOT BE LIABLE FOR THE USE OF THE INDIGO SERVICE, INCLUDING, WITHOUT LIMITATION, THE RECORDINGS OR OTHER CONTENT AND ANY ERRORS CONTAINED THEREIN. INDIGO SHALL NOT BE LIABLE FOR ANY FAILURE OF THE INDIGO SERVICE ARISING OR RESULTING FROM ACTS OR EVENTS BEYOND THE CONTROL OF INDIGO.

18. Indemnification

You will defend, indemnify, and hold harmless Indigo and each of Indigo’s affiliates, the successors and assigns of each of the foregoing, the agents of each of the foregoing, and the officers, directors and employees of each of the foregoing, from and against any and all claims, demands, lawsuits or proceedings asserted or commenced by a third party (each a “Claim”), and all damages, liabilities, costs and expenses arising therefrom, including reasonable outside counsel fees and costs, to the extent the Claim (a) is based on allegations that, if true, would constitute a breach by you of these Terms of Service; or (b) arises from any negligent act or omission or willful misconduct by you. You will not be required to indemnify and hold us or any other indemnified party harmless from and against any applicable claims or demands to the extent resulting from Indigo’s own negligent conduct.

19. Legal Disputes and Arbitration Agreement

Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court

19(a) Initial Dispute Resolution.

Indigo can be contacted at admin@indigosystems.ai to address any concerns you may have regarding these Terms of Service or the Indigo Service. Most concerns may be quickly resolved in this manner. Each of you and Indigo agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

19(b) Agreement to Binding Arbitration.

If you and Indigo do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 19(a) above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms of Service (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Indigo Service shall be finally settled by binding arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Service, including, but not limited to, any claim that all or any part of these Terms of Service is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms of Service shall be subject to the Federal Arbitration Act.

Arbitration proceedings will be held in San Francisco, California. Additionally, arbitrations may be conducted telephonically or via video conference for disputes alleging damages less than $10,000.00. You and Indigo agree that the state or federal courts of the State of California and the United States sitting in San Francisco have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

19(c) Class Action and Class Arbitration Waiver.

You and Indigo each further agree that any court action or arbitration shall be conducted in our respective individual capacities only and not as a class action or other representative action, and you and Indigo each expressly waive our respective right to file a class action, class arbitration, or seek relief on a class basis. If any court or arbitrator determines that the class action and class arbitration waiver set forth in this Section is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 19(b) above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

19(d) Exception - Small Claims Court Claims.

Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

19(e) Exception – California Private Attorneys General Act (PAGA) Action.

Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.

19(f) Exception – Intellectual Property Claims.

Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may bring an individual (non-class) action in a court of competent jurisdiction (which jurisdiction shall be exclusive), with respect to any dispute relating to a party’s intellectual property rights where the only relief sought is for injunctive or equitable relief for the alleged unlawful use of intellectual property.

19(g) Arbitration Fees.

If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), Indigo will pay the additional cost. If Indigo is required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and Indigo will make arrangements to pay all necessary fees directly to JAMS. Indigo will also be responsible for paying all other fees or amounts payable to JAMS with respect to the arbitration, excluding costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS.

19(h) 30 Day Right to Opt-Out.

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 19(a) and 19(b) above by sending written notice of your decision to opt-out by emailing us at admin@indigosystems.ai. The notice must be sent within thirty (30) days of the date you create a User Account, otherwise you shall be bound to arbitrate disputes in accordance with the Terms of Service of those Sections. If you opt-out of these arbitration provisions, Indigo also will not be bound by these arbitration provisions.

19(i) Consolidation of Arbitration Claims.

Although you and Indigo have agreed that no disputes may proceed as part of a class arbitration, the JAMS mediator may consolidate an individual arbitration filed pursuant to these Terms of Service with other individual arbitration(s), at the request of either party, if the arbitrations share common issues of law or fact. The consolidation issue shall be determined by the arbitrator appointed for the earliest filed application. Any disputes over whether an arbitration claim should be consolidated with others, or which arbitrator shall hear any consolidated matter, shall be resolved by JAMS. If multiple individual arbitration proceedings are consolidated, JAMS and the arbitrator may treat the consolidated proceedings as one arbitration for purposes of assessing JAMS fees and the arbitrator’s compensation, and you consent and agree not to object to any reduction or elimination of JAMS fees or arbitrator compensation.

19(j) Governing Law; Exclusive Venue for Litigation.

The laws of the State of California will govern these Terms of Service without giving effect to any principles of conflicts of laws and excluding the United Nations Convention on the International Sale of Goods. In addition, to the extent that the arbitration provisions set forth in Section 19(b) do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in San Francisco, California (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in San Francisco, California for any litigation other than small claims court actions. In the event of litigation relating to these Terms of Service or the Indigo Service, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial.

19(k) Severability.

If any portion of this Section 19 is found unenforceable, that portion will be severed, and the remainder of the terms set forth in this Section 19 will remain in full force and effect, except that if the class action waiver set forth in Section 19(c) is found unenforceable, this entire Section 19 will be void.

20. Independent Contractor.

In entering into these Terms of Service, Indigo and you have and will have the status of independent contractors. Accordingly, there is no joint venture, partnership, agency or fiduciary relationship existing between the parties, and the parties do not intend to create any such relationship by these Terms of Service.

21. Assignment.

Indigo may assign its rights under these Terms of Service in whole or in part to any person or entity, and such rights may be assigned by any assignee thereof. Any purported assignment by you will be null and void. These Terms of Service will be binding upon and inure to the benefit of the parties to these Terms of Service and their heirs, executors, administrators, legal representatives, and, where permitted, successors and assigns.

22. Limitation of Liability.

EXCEPT AS MAY NOT BE LIMITED BY LAW, IN NO EVENT SHALL INDIGO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE INDIGO SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF SERVICE, INDIGO’S LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR THE INDIGO SERVICE, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY, SHALL NOT EXCEED $50.

23. Notice to California Users.

Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Indigo Service, please send an email to admin@indigosystems.ai. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at +1 (916) 445-1254 or +1 (800) 952-5210.

24. Non-Waiver.

Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of the applicable right or provision.

25. Severability.

Subject to Section 19(k), these Terms of Service operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms of Service is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

26. No Modifications by Our Employees.

If any of our employees offers to modify the terms and conditions set forth in these Terms of Service, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.

27. Electronic Communications

When you use the Indigo Service or send emails, messages, or other communications to us through the Indigo Service, you are communicating with us electronically. You consent to receive communications from us electronically, including emails, in-app messages, push notifications, and notices posted within the Indigo Service. You agree that all agreements, notices, disclosures, receipts, confirmations, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You are responsible for maintaining accurate contact information associated with your account and for regularly reviewing any electronic communications we send or make available to you.

28. Contact Information.

If you have any questions or concerns about these Terms of Service, Indigo, or the Indigo Service, you may contact us at admin@indigosystems.ai.