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Last updated: March 22, 2020

Thank you for using Custodia! These Terms of Service (“Terms”) govern your use of the Custodia services, including Custodia’s franchises, website, Custodia’s seniors support services, Custodia’s mobile applications, and any websites (or portions thereof) or mobile applications that are operated by Custodia (collectively, the “Services”), and are entered into by you and Custodia Inc.

By using the Services, you agree to be bound by these Terms and acknowledge and agree to the collection, use and disclosure of your personal information in accordance with Custodia’s Privacy Policy.

The Services comprise a platform that presents you with a customized aging in place plan from which you can select products and services that will be delivered or performed by individual service providers (“Senior’s Helpers”) at your location. Cooking, cleaning, handyman, maintenance, and personal support services may be performed by approved third parties including screened and approved independent contractors or third party specialized service (collectively, “Third Party Providers”).

Services may be conducted by each individual Senior’s Helper’s select method of service execution. You acknowledge that these services may be provided by third party franchisees or independent contractors who are not employed by Custodia.

When you use the Services to place an order for products or services, you authorize the purchase and delivery of those goods and services from our approved Seniors Helpers. Unless otherwise specified, you acknowledge and agree that Custodia and the Senior’s Helper are acting as the concierge in the purchase and delivery of products and services purchased by you and are not the seller of the goods to you. You agree that Custodia will obtain a credit card authorization for your credit card on file with Custodia to cover the cost of the goods and services you have purchased from the service provider and any separate Custodia fees, and that your card will be charged for the goods and services purchased by you and any applicable fees, taxes and/or tips.

You also acknowledge and agree that, except as expressly provided for otherwise in these Terms or a separate agreement between you and Custodia, Custodia does not form any employment or agency relationship with you and does not hold title to any goods that you order through the Services.

Unless otherwise indicated, all prices and other amounts are in the currency of the jurisdiction where the service takes place.

Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to pricing, product and service descriptions, promotions offers, and availability. Custodia reserves the right to correct any errors, inaccuracies or omissions and to change or update information or refuse or cancel orders if any information on the Services is inaccurate at any time without prior notice (including after you have submitted your order and/or your credit card has been charged). Please note that prices of products and services on the Services may be different than prices offered for the same products or services when purchasing the service provider directly.

1. Your Use of the Services

Custodia grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services for their intended purposes subject to your compliance with these Terms and Custodia’s policies. You may not copy, modify, distribute, sell, or lease any part of the Services. Unless such restriction is prohibited by law or you have Custodia’s written permission, you may not reverse engineer or attempt to extract the source code of the Services. You may only access the Services through the interfaces that Custodia provides for that purpose (for example, you may not “scrape” the Services through automated means or “frame” any part of the Services), and you may not interfere or attempt to disrupt the Services.

Some parts of the Services may allow you to upload or submit content (such as text, images, video, ideas, lists, links, and other materials). You retain all rights in any content that you upload or submit, and are solely responsible for that content. You grant Custodia a non-exclusive, royalty-free, worldwide, transferable, sublicensable license to use, store, publicly display, publicly perform, reproduce, modify, create derivative works from, and distribute any such content for the purposes of operating, providing, and improving the Services. Custodia may, in its sole discretion, remove or take down any content that you upload or submit to the Services for any reason, including violation of these Terms or any other policies.

You have the option of accessing the Services through downloadable app and this app may update itself automatically on your device. Some software, or portions of software, in the Services may be governed by open source licenses. In that case, Custodia will make such licenses available to you and, in the case of conflict between such a license and these Terms, the open source license will control but only with respect to the software, or portion of the software, to which it applies.

If you are using Custodia on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity.

In order to use the Services, you may need to create a user account. You agree that you will take precautions to keep your password and other account information secure and that you are responsible for all conduct and transactions that take place on or using your account and that. You also agree that you will respect those who you encounter in your use of the Services, including Senior’s Helpers and individuals who support Custodia’s Help Center and that you will comply with all applicable laws when accessing or using the Services. Custodia reserves the right to refuse partial or full completion, close accounts, decline orders, and/or cancel orders at any time in its sole discretion.

Custodia will continually improve the services and will introduce new features, change existing features, or remove features from the Services at any time and without notice. If you provide Custodia with any feedback on or comments regarding the Services, you grant Custodia the right to use such feedback or comments for any purpose without restriction or payment to you.

If you have any requests for order cancellations, refunds, or returns, please visit your account to initiate such requests or review our Help Center articles for our policies regarding the same. Visit https://custodia.com/help for our most recent articles.

2. Custodia Communications

By creating a Custodia user account, you agree to accept and receive communications from Custodia or Senior’s Helpers, including via email, direct mail, text message, phone calls, and push notifications to the cellular telephone number you provided to Custodia. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver pre recorded messages sent by or on behalf of Custodia, its affiliated companies and/or Senior’s Helpers, including but not limited to communications concerning orders placed through your account on the Services. Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may opt out of such communications at any time in Your Account Settings. You may also opt-out of receiving text messages from Custodia by replying “STOP” from the mobile device receiving the messages.

If you use the Services to order or deliver a prescription drug product (where available), you understand and agree that customer inquiries must be conducted via telephone. You also understand and agree that a third party pharmacy and/or Custodia may send you unencrypted SMS messages, push notifications or other electronic notifications relating to prescription drug products that you order through the Services. There is some level of risk that information in such communications could be read by an unintended third party. By using the Services to order or deliver a prescription drug product, you explicitly disclaim any liability against Custodia for any harm or damage arising out of or in connection with any SMS messages, push notifications and/or other electronic notifications.

3. Custodia Home Management Plans

Custodia Home Management Plans are an automated home management service for seniors that uses the Services to order, track, coordinate, pay, and follow up with all services ordered by the user. Home Management Plans are paid for by a monthly or yearly subscription fee. Services delivered via Custodia Home Management Plans are subject to availability. Service fees, special handling fees, and/or taxes may still apply. For combinations with other offers, restrictions may apply.

BY DEFAULT (AND WITH PRIOR NOTICE TO THE EXTENT REQUIRED BY APPLICABLE LAW), YOUR CUSTODIA HOME MANAGEMENT PLAN WILL AUTOMATICALLY RENEW, AND THE APPLICABLE SUBSCRIPTION FEE WILL BE AUTOMATICALLY CHARGED TO YOU AT THE TIME OF RENEWAL WITH AN ACTIVE CREDIT CARD ON FILE IN YOUR ACCOUNT. If you do not want your Home Management Plan to automatically renew or if you would like to change which credit card is charged, you can change this or by emailing service@custodia.com or calling 1-833-410-4357.

You can cancel your Custodia Home Management Plan at any time by emailing service@custodia.com or calling 1-833-410-4357. You may cancel within the first 15 calendar days of your paid Custodia Home Management Plan and receive a refund of the fee you paid, but only if you have not received any goods or services using your Custodia Home Management Plan. If you cancel at any other time, you will not receive a refund, but we will not continue to bill you from the next month forward.

From time to time, Custodia offers some customers trial or other promotions for Custodia Home Management Plans. Such trial or promotional plans are subject to these Terms except as otherwise stated in the promotional offer and are for new customers. Only one trial or promotional is available per household. Custodia will charge you the applicable fee after your free trial period has expired to the credit card on file with Custodia. If you cancel Custodia Home Management Plan before the trial period has expired, Custodia will not charge you. Custodia may change the monthly or annual fee charged for Custodia Home Management Plan at any time, but any such fee change will not apply to current Custodia Home Management Plan customers until such time as your current plan expires and is renewed for another term.

We may change other terms or conditions applicable to Custodia Home Management Plans from time to time. Any new or renewed Custodia Home Management Plans will be subject to the terms of service active at that time and displayed or communicated when you sign up for a Custodia Home Management Plan. Custodia may also make such changes with respect to current Custodia Home Management Plans. In that case, Custodia will provide you with notice at point of purchase of the changes and when those changes will take effect. If you disagree with the changes to your current Custodia Home Management Plan terms of service, you may cancel your Custodia Home Management Plan.

Your Custodia Home Management Plan cannot be transferred or assigned. Custodia reserves the right to accept, refuse, or cancel your Custodia Home Management Plan at any time in its sole discretion.

4. Delivery of Prescription Drug Products

The delivery of prescription drug products is available in certain geographic areas. You agree that Custodia is not a pharmacy and that we make no referrals or recommendations as to which pharmacies you should use for prescription processing. You also agree that you are solely responsible for the selection of the pharmacy dispensing the prescription. Custodia makes no warranties regarding the quality of the prescription drug products or the services provided by the pharmacy. If you have any issues with the processing of your prescription, you should contact the pharmacy directly.

You agree that, upon delivery of prescription drug products, the recipient will provide valid government-issued identification proving their age to the Senior’s Helper delivering the prescription drug products, that the recipient will indicate their relationship to you (if the recipient is not you), and that any prescription drug product delivered through the Services has not been purchased with the intent to resell the prescription drug product or provide the prescription drug product to someone other than to whom it is prescribed.

You also agree that Custodia does not provide any medical advice, diagnosis or treatment, and that that no pharmacy-patient relationship nor physician- patient relationship exists between Custodia and you as a result of your use of the Services. We encourage you to consult with your healthcare professional or pharmacist regarding all health-related issues.

By using the Custodia platform to have a prescription drug product delivered for a seniors or other member of your household, you represent and warrant that it is your intention not to consume or use the medication but instead to transfer the medication to the ultimate consumer or user for his or her consumption.

IF YOU ARE HAVING A MEDICAL EMERGENCY, CALL 911 OR CONTACT YOUR LOCAL EMERGENCY ASSISTANCE SERVICE IMMEDIATELY.

8. Third-party Products and Content

You agree that Custodia does not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through the Services. If you purchase, use, or access any such products, content, services, advertisements, offers, or information through the Services, you agree that you do so at your own risk and that Custodia will have no liability based on such purchase, use, or access.

9. SERVICE PROVIDED AS-IS AND RELEASE OF CLAIMS

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CUSTODIA DISCLAIMS ALL REPRESENTATIONS, CONDITIONS, AND WARRANTIES, EXPRESS, LEGAL, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CUSTODIA MAKES NO REPRESENTATION, WARRANTY, CONDITIONS, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES, ANY SERVICES PROVIDED BY SENIOR’S HELPERS OR THIRD PARTY PROVIDERS, OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES FROM SENIORS HELPERS, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. CUSTODIA DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF SENIOR’S HELPERS, THIRD PARTY PROVIDERS, OR RETAILERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY SENIOR’S HELPERS OR THIRD PARTY PROVIDERS, OR ANY SERVICES REQUESTED BY YOU OR DELIVERED TO YOU, REMAINS SOLELY WITH YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER CUSTODIA NOR ITS AFFILIATES, FRANCHISEES, RETAIL PARTNERS, LICENSORS, OR SUPPLIERS IS RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY SENIOR’S HELPER OR THIRD PARTY PROVIDER OR FOR ANY SERVICES PROVIDED BY ANY SENIOR’S HELPER OR THIRD PARTY PROVIDER. NEITHER CUSTODIA NOR ITS AFFILIATES, PARTNERS, FRANCHISEES, LICENSORS, OR SUPPLIERS WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY SENIOR’S HELPER OR THIRD PARTY PROVIDER.

If you have a dispute with one or more Senior’s Helpers or Third Party Providers, you agree to release Custodia (including Custodia’s affiliates, and each of their respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.

Furthermore, you expressly waive any rights you may have under California Civil Code Section 1542 (or analogous laws of other jurisdictions), which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favour at the time of executing the release, and that, if known by him or her must, would have materially affected his or her settlement with the debtor or released party.”

10. LIMITATION OF LIABILITY

THIS PROVISION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

IN NO EVENT SHALL CUSTODIA (INCLUDING ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, FRANCHISEES, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, OR THESE TERMS, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF CUSTODIA OR CUSTODIA’S AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL CUSTODIA (INCLUDING ITS FRANCHISEES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY AND/OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY SENIOR’S HELPERS OR THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, EVEN IF CUSTODIA OR CUSTODIA’S AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CUSTODIA, ITS AFFILIATES, SERVICE PROVIDER PARTNERS, LICENSORS, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES, ANY SERVICES PROVIDED BY SENIOR’S HELPERS OR THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU FOR MORE THAN THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO CUSTODIA FOR THE PAST 12 MONTHS OF THE SERVICES.

11. Indemnification

You agree to defend, indemnify and hold harmless Custodia and its officers, directors, employees, agents, shareholders, franchisees, affiliates, and retail partners (each, an “Indemnified Party”) from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Services or from any breach by you of these Terms, including without limitation any actual or alleged violation of any law, rule or regulation.

12. Disputes & Arbitration

If you have a dispute with Custodia arising out of your use of the Services, this Section 12 applies. You agree to contact Custodia first and attempt to work out any such dispute amicably.

For residents of the United States, you agree to the following mandatory arbitration provisions:

Mandatory Arbitration: If we’re unable to work out a solution amicably, both you and Custodia agree to resolve any disputes arising out of your use of the Services or these Terms through binding arbitration or small claims court.

CLASS ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR NON-PAGA REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CUSTODIA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

In any lawsuit in which (1) the complaint is filed as a class action, collective action or non-PAGA representative action; and (2) the civil court of competent jurisdiction in which the complaint was filed finds the Class Action Waiver is unenforceable (and such finding is confirmed by appellate review if review is sought), the Class Action Waiver shall be severable from this Agreement and in such instances, the class action, collective action and/or non-PAGA representative action must be litigated in a civil court of competent jurisdiction and not as a class, collective or non-PAGA representative arbitration.

PAGA WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT, HEARD, OR ARBITRATED ON A GROUP BASIS OR IN ANY ACTION IN WHICH A PARTY SEEKS TO REPRESENT OTHER INDIVIDUAL(S) IN A PRIVATE ATTORNEY GENERAL ACTION (“PAGA WAIVER”). PAGA CLAIMS MAY ONLY BE ARBITRATED ON AN INDIVIDUAL BASIS.

In any lawsuit in which (1) the complaint is filed as a private attorney general action seeking to represent any individual(s) other than the named plaintiff; and (2) the civil court of competent jurisdiction in which the complaint was filed finds the PAGA Waiver is unenforceable (and such finding is confirmed by appellate review if review is sought), the PAGA Waiver shall be severable from this Agreement and in such instances, the private attorney general action must be litigated in a civil court of competent jurisdiction and not as a private attorney general arbitration.

Notwithstanding any other clause contained in this Agreement, any claim that all or part of the Class Action Waiver or PAGA Waiver is invalid, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The Class Action Waiver and PAGA Waiver shall be severable when a dispute is filed as an individual action and severance is necessary to ensure that the individual action proceeds in arbitration.

Opt-out of Mandatory Arbitration: You can decline this mandatory arbitration provision within 30 days of accepting these Terms by emailing Custodia at service@custodia.com with your first and last name and stating your intent to opt-out of the arbitration provision. Note that opting out of this arbitration provision does not affect any other part of these Terms, including the provisions regarding controlling law or in which courts any disputes must be brought.

Arbitration Procedures and Location: The arbitration shall be administered under JAMS Comprehensive Rules in effect at the time the arbitration demand is made. The current rules, effective July 1, 2014, can be found here: http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS arbitration rules can be found here: http://www.jamsadr.com/rules-clauses/. In the event of any conflict between the rules and this Agreement, this Agreement shall apply. The Parties agree to submit to the jurisdiction of a single neutral arbitrator selected in accordance with the JAMS Comprehensive Rules.

The arbitration will be held in the Canadian city where you live or work, San Francisco, California, or any other location you and Custodia mutually agree upon in writing.

Arbitration Fees: The JAMS rules will govern payment of all arbitration fees and each party will be responsible for their own fees under those rules. However, Custodia will pay for your reasonable arbitration fees where: (a) the claim for damages does not exceed $50,000, and (b) the claims are not frivolous under Federal Rule of Civil Procedure 11(b). Custodia will not seek attorneys’ fees or costs in arbitration unless the arbitrator determines the claims are frivolous under Federal Rule of Civil Procedure 11(b).

13. Termination

You can stop using the Services at any time and without notice to us. Similarly, Custodia may terminate access to the Services to you or any other users or stop offering the all or part of the Services at any time without notice. In the event of Termination, Section 1 and Sections 4-16 survive and continue to apply to you.

14. Custodia Gold Seal Guarantee

We may choose, in our sole discretion, to provide a user protection plan (the “Custodia Gold Seal Guarantee”), to provide protection to Requesting Users of Seniors Helpers who are not satisfied with the provision of a Service requested through our Services. If a Requesting User is not reasonably satisfied with the performance of his or her requested service, and that Requesting User, in our sole discretion, meets all terms and conditions of the Custodia Gold Seal Guarantee available here (https://custodia.com/custodia-gold-seal-guarantee/) (the “Custodia Gold Seal Guarantee Terms”) we may, in our sole discretion and pursuant to the Custodia Gold Seal Guarantee Terms, seek to fix the problem, using the same or another Seniors Helper, or reimburse you for the Service amount you have paid for the Service. Notwithstanding the foregoing, the maximum amount we may incur or pay you for a claim under the Custodia Gold Seal Guarantee, if any, will not exceed the total amount of the Service Payment paid by you. Any protection afforded from the Custodia Gold Seal Guarantee is subject to certain conditions, limitations and exclusions, as described in the terms of the Custodia Gold Seal Guarantee available at https://custodia.com/custodia-gold-seal-guarantee/ (the “Custodia Gold Seal Guarantee Terms”).

15. Controlling Law

To the extent permitted by applicable law, these Terms will be governed by the laws of the State of California for residents of the United States and by the laws of the Province of Ontario for residents of Canada (except Quebec), without respect to its conflicts of laws principles. To the extent permitted by applicable law, any claims arising out of or relating to these Terms or use of the Services that are not subject to Section 12 (Disputes & Arbitration) of these Terms shall be brought exclusively in the federal or state courts of San Francisco County, California, USA, for the residents of the United States, and the courts of competent jurisdiction in the City of Toronto for residents of Canada (except Quebec), and you and Custodia consent to the personal jurisdiction of those courts.

For Quebec residents only, to the extent permitted by law, these Terms will be governed by the laws of the Province of Quebec without respect to its conflicts of laws principles. To the extent permitted by applicable law, any claims arising out of or relating to these Terms or use of the Services that are not subject to Section 12 (Disputes & Arbitration) of these Terms shall be brought exclusively in the courts of competent jurisdiction in the City of Montreal, and you and Custodia consent to the personal jurisdiction of those courts.

16. Entire Agreement & Severability

These Terms, subject to any amendments, modifications, or additional agreements you enter into with Custodia, shall constitute the entire agreement between you and Custodia with respect to the Services and any use of the Services. If any provision of these Terms is found to be invalid by a court competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.

17. No Waiver

Custodia’s failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.

18. Assignment

You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void. Custodia may assign its rights, licenses, and obligations under these Terms without limitation.

19. Changes to the Terms

We may make changes to these Terms from time to time. When Custodia does so, Custodia will post the most current version of the Terms on Custodia’s website and, if a revision to the Terms is material, Custodia will notify you of the new Terms (for example, by email or a notification on the Services). Changes to these terms will not apply retroactively. If you do not agree to the modified terms, you should discontinue your use of the Services.

20. Copyright and Trademark Policy

Custodia respects the intellectual property rights of others and has implemented a copyright and trademark policy in accordance with the Digital Millennium Copyright Act and other relevant laws. Custodia will respond to valid notices of copyright infringement and reserves the right to terminate any users, at Custodia’s sole discretion and without notice, who repeatedly infringe copyrights or other intellectual property rights.

If you believe any content posted or made available on the Services constitutes infringement of your copyright rights, you may send a written notice of infringement to Custodia’s designated Copyright Agent using the contact information listed below. In your notice, please specify the nature of the copyright infringement and include the following information: (a) an electronic or physical signature of the owner of the copyright in question or a person authorized to act on behalf of the owner of the copyright; (b) a description of the claimed infringing material as well as identification of the claimed infringing material, including the location of such material on the Services (e.g., the URL of the claimed infringing material if applicable or other means by which Custodia may locate the material); (c) complete contact information, including the name of the owner of the copyright and your name, title, address, telephone number, and email address; (d) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.

Custodia ATTN: Copyright Agent
14 Cavell Ave
Etobicoke, ON, M8V 1P2
service@custodia.com

If you believe any content posted or made available on the Services constitutes infringement of your trademark rights, you may also send your notice to Custodia’s designated Copyright Agent using the contact information listed above. Please include as much detail as possible so that we may respond to your notice in a timely manner, including but not limited to description(s) of your trademark(s), your trademark registration number(s), description(s) of the products allegedly using your trademark(s) without authorization, and the location of such allegedly infringing product(s).

21. Contact Information

If you have any questions, or comments about these Terms please contact Custodia at:

Custodia ATTN: Copyright Agent
14 Cavell Ave
Etobicoke, ON, M8V 1P2
service@custodia.com

For customer service inquiries, please review Your Account Settings or call our team at 1 (833) 410-4357.