Last Modified: Sep 23, 2024

These Terms of Use ("Terms") describe your rights and obligations while using the ORA website, software, services, and other offerings (collectively, "Services"). Please read these Terms carefully and in their entirety, as they include important information about your legal rights, remedies, and obligations. These Terms, together with our Privacy Policy constitute an agreement between the user ("you") and ORA ("ORA", "we", "us", "our").

1. Acceptance of Terms: By accessing or using our Services, you acknowledge that you have read, understand, and agree to be bound by these Terms. We may, in our sole discretion, revise the Terms from time to time with the new terms taking effect on the "Last updated" date. By continuing to use our Services after the changes become effective, you agree to be bound by the revised Terms. We may operate additional programs or services which require separate or additional terms. In such cases, you agree to be further bound by the terms specific to the additional program or service, and such terms shall control to the extent there is a conflict with these Terms. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE OUR SERVICES.

2. Privacy: How we collect, use, and disclose information, including personal information, that you provide to us via the Services is described in our Privacy Policy found at ORA Privacy Policy.

3. User Account Registration: You do not need to create an account (“User Account”) to access the Services; however, we may, from time to time, restrict access to certain features, parts, or content of the Services, or the entire Service to only those users who have created a User Account. You agree to provide accurate, current, and complete information during the registration process. If you create a User Account you are entirely responsible for the security and confidentiality of that account, including your password to access the User Account. Furthermore, you are entirely responsible for any and all activities that occur under your User Account. You agree to immediately notify us of any unauthorized use of your User Account or any other breach of your User Account's security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services. By creating a User Account, you agree to receive service-related electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You may opt-out of receiving promotional emails that you have previously opted-in to at any time by following the instructions to unsubscribe, as provided therein.

4. Use of Services: You agree to use our Services only for purposes that are permitted by these Terms and any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions. You agree you will not engage or attempt to engage in any improper uses of the Services, including, but not limited to: (i) violating any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (ii) storing the Services (including pages of the Service) on a server or other storage device connected to a network or creating a database by systematically downloading and storing any data from the Services (other than for page caching); (iii) removing or changing any content of the Services or attempting to circumvent the security or interfere with the proper working of the Services or any servers on which it is hosted; (iv) creating links to the Services from any other website without our prior written consent; (v) using any robot, data mining, screen scraping, spider, website search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or their contents; (vi) posting, distributing, or reproducing in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights; (vii) interfering with or disrupting the Services or the servers or networks connected to the Services; and (viii) modifying, copying, reproducing, duplicating, adapting, sublicensing, translating, selling, reverse engineering, deciphering, decompiling, or otherwise disassembling any portion of the Services or any software used on or for the Services or causing others to do so.

5. ORA Points: Earning and Redeeming ORA Points: You may accrue ORA Points through use of the Services, including by participating in various activities that we may specify from time to time. The specific ORA Points you may accrue may be different depending on factors including the Services you use, and your eligibility. We may specify how users can redeem ORA Points, including to access special features or exclusive areas of the Services at our sole discretion. Eligibility: To participate in the ORA Points Program, your User Account must be continuously in good standing. If your User Account is not in good standing for any reason, or we determine in our sole discretion that you are abusing, gaming, or misusing the ORA Points Program or have otherwise violated our Terms or any of the terms, agreements, and policies incorporated by reference, you may be ineligible to accrue ORA Points, and you may forfeit any ORA Points previously earned or accrued. Certain User Accounts may not be eligible to participate in the ORA Points Program. We may update or change eligibility criteria, restrictions, and requirements at any time. Reversals or Failure to Accrue: The accrual of ORA Points may be reversed where we determine, in our sole discretion, that the conditions required for accrual of ORA Points were not satisfied. If this results in a negative ORA Points balance, we may subtract a proportionate number of ORA Points from existing ORA Points balances or any future ORA Points that would otherwise accrue to your User Account. Ownership of Points: ORA Points are not your property. Any ORA Points accrued by users will be reflected in your User Account in accordance with these Terms. ORA Points may only be redeemed by the User Account owner, and no user is entitled to use any accrued ORA Points other than as approved by the User Account owner. ORA Points are not transferable to any third party or any other User Account not owned by you, unless otherwise specified by ORA. Any non- permitted attempt to transfer ORA Points is void and any ORA Points that you attempt to transfer may be forfeited.

6. Suspension and Termination of Access to the Services: We may, at /our option and in our sole discretion, suspend, restrict or terminate your access to the Services if: (i) we are so required by a facially valid subpoena, court order or binding order of any government authority; (ii) we reasonably suspect you of using the Services in connection with any prohibited uses stated in Section 4 of these Terms; (iii) your use of the Services is subject to any pending litigation, investigation or government proceeding and/or we, in our sole discretion, perceive a heightened risk of legal or regulatory non-compliance associated with your activity; (iv) any of our service partners are unable to support your use thereof; (v) you take any action that we deems in our sole discretion as circumventing our controls and/or safeguards; or (vi) you breach these Terms. If we suspend or terminate your use of the Services for any reason, we will provide you with notice of our actions, unless a court order or other legal process prevents or prohibits us from providing you with such notice. You acknowledge that our decision to take certain actions, including limiting access to or suspending your access to the Services, may be based on confidential criteria that are essential to our risk management and/or security protocols. You agree that we are under no obligation to disclose the details of our risk management and/or security procedures to you.

7. Intellectual Property: All photos, videos, images, and text on the Services, together with the design and layout of the Services (“Content”) are copyrighted and may not be used without our written permission. All intellectual property rights in the Services and in any Content of the Services (including, but not limited to, text, graphics, design, layout, software, photographs, and other images, videos, sound, trademarks, and logos) are owned by us or our licensors. Except as expressly set forth herein, nothing in the Terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading or using the Services. The Services and its Content, features, and functionality are and will remain the exclusive property of ORA. Our Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. These Terms grant you a limited and non-exclusive right to use the Services. Except as indicated otherwise herein or in any additional terms or conditions, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit or otherwise exploit any of the Content on our Services. You are expressly prohibited from: (i) modifying or making copies of any Content from the Services; (ii) using any illustrations, photographs, video or audio sequences or any graphics available through the Services separately from the accompanying text; (iii) deleting or altering any copyright, trademark, or other proprietary rights notices from copies of materials available through the Services; and (iv) uploading Content to the Services which violates the intellectual property rights of others. Anything you send to us through the Services, email, or other means may be used by us for any purpose. By submitting any Content via our Services, you acknowledge and agree that we retain all right, title, and interest, including all intellectual property rights, in and to the Content and any enhancements, modifications, or derivative works thereof. By submitting material and/or Content to us through the Services, email, or other means, you irrevocably transfer and assign to ORA, and forever waive, and agree never to assert, any copyrights, moral rights, or other rights that you may have in such material and/or Content. We are free to use, without obligation of any kind, any ideas, concepts, techniques, know-how, materials, and/or Content contained in any communication you send to us or to the Services for any purpose whatsoever including, without limitation, the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such ideas, concepts, techniques, know-how, materials, and/or Content. This paragraph shall not apply to your personal information, which is defined in and governed by the Privacy Policy.

8. Early-Stage Service and Disclaimer of Warranties: Please be aware that our Services are in the early stages of development. As such, they may be subject to stability issues and intermittent downtime. We are continuously working to improve the stability and functionality of our Services, but we cannot guarantee uninterrupted service. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK (INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, DAMAGE RESULTING FROM RELIANCE ON THE SERVICES, OR OTHER DAMAGES THAT RESULT FROM OBTAINING ANY CONTENT FROM THE SERVICES INCLUDING COMPUTER VIRUSES). TO THE EXTENT PERMITTED BY LAW, ORA, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS (COLLECTIVELY, THE “ORA PARTIES”) PROVIDE THE SERVICES, AND ALL CONTENT CONTAINED THEREIN,, “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, AND SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUSES. NO INFORMATION PROVIDED VIA THE SERVICES SHALL CREATE ANY WARRANTY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE ORAPARTIES MAKE NO WARRANTY, REPRESENTATION, COVENANT, OR GUARANTEE WHATSOEVER, EXPRESS OR IMPLIED: (i) AS TO THE VALUE, QUALITY, TIMELINESS, USEFULNESS, RELIABILITY, SECURITY, SUITABILITY, ACCURACY, TRUTHFULNESS, OR COMPLETENESS OF THE SERVICES; (ii) THAT THE SERVICES WILL OPERATE UNINTERRUPTED OR ERROR-FREE; (iii) THAT THE SERVICES WILL MEET YOUR NEEDS OR EXPECTATIONS; (iv) AS TO THE QUALITY OR VALUE OF ANY OF ORA’S PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN VIA THE SERVICES; (v) THAT ANY ERRORS PERTAINING TO THE SERVICES WILL BE CORRECTED. THE ORA PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE ORA PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS. 9. Limitation of Liability UNDER NO CIRCUMSTANCES WILL THE ORA PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICES; (B) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICES; (C) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE ORA PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICES; (D) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (E) ANY ERRORS OR OMISSIONS IN THE OPERATION OF THE SERVICES; OR (F) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE ORA PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE ORA PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE ORA PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES DURING THE PRECEDING YEAR. YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF ORA'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE ORA PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE ORA PARTIES. BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. We reserve the right, at any time, in our sole and exclusive discretion, to amend, modify, suspend, or terminate the Services, or any part thereof, and/or your use of or access to them, with or without notice. We shall have no liability to you or any other person or entity for any modification, suspension, or termination, or any loss of related information.

9. Indemnity: To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless the ORA Parties, from and against all actual or alleged any claims, liabilities, damages, losses, costs, and/or expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with the following (whether resulting from your activities on the Services or those conducted on your behalf): (i) your access to or use of the Services; (ii) your breach or alleged breach of these Terms; or (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right. You agree that the ORA Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify, defend, and hold harmless any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the ORA Parties in connection therewith. You will cooperate as fully required by us in the defense of any claim. The ORA Parties reserve the right to assume exclusive control of its defense in any matter subject to your indemnification, which shall not excuse your obligation to indemnify the ORA Parties. You shall not settle any claim without the prior written consent of ORA.

10. Dispute Resolution, Agreement to Arbitrate, and Class Action Waiver This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully.

Informal Process First. You agree that in the event of any dispute between you and ORA, you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action, after first allowing the receiving party 30 days in which to respond.

Arbitration Agreement and Class Action Waiver. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, "Claim") relating in any way to the Services, any use or access or lack of access thereto, and any other usage even if interacted with outside of the Services, will be resolved by arbitration, including threshold questions of arbitrability of the Claim. You and ORA agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the "JAMS Rules") then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Because your contract with us, these Terms, and this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit. Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Terms will take place on an individual basis -- class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and ORA are each waiving the right to trial by jury or to participate in a class action or class arbitration.

Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and ORA agree that in the event that there are one-hundred (100) or more individual Claims of a substantially similar nature filed against us by or with the assistance of the same law firm, group of law firms, or organizations, then within a thirty (30) day period (or as soon as possible thereafter), JAMS shall (1) administer the arbitration demands in batches of 100 Claims per batch (plus, to the extent there are less than 100 Claims left over after the batching described above, a final batch consisting of the remaining Claims); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). All parties agree that Claims are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise JAMS, and JAMS shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by us. You and ORA agree to cooperate in good faith with JAMS to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Claims, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

Exceptions. Notwithstanding the foregoing, you and ORA agree that the following types of disputes will be resolved in a court of proper jurisdiction: (i) disputes or claims within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual dispute and not as a class, representative, or consolidated action or proceeding; (ii) disputes or claims where the sole form of relief sought is injunctive relief (including public injunctive relief); or (iii) intellectual property disputes.

Costs of Arbitration. Payment of all filing, administration, and arbitrator costs and expenses will be governed by the JAMS Rules, except that if you demonstrate that any such costs and expenses owed by you under those rules would be prohibitively more expensive than a court proceeding, ORA will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to possible reimbursement as set forth below).

Fees and costs may be awarded as provided pursuant to applicable law. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS rules. In that case, you agree to reimburse us for all monies previously disbursed by it that are otherwise your obligation to pay under the applicable rules. If you prevail in the arbitration and are awarded an amount that is less than the last written settlement amount offered by us before the arbitrator was appointed, we will pay you the amount it offered in settlement. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator's ruling on the merits. Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to privacy@ora.io. The notice must be sent to us within thirty (30) days of your first registering to use the Services or agreeing to these Terms; otherwise you shall be bound to arbitrate disputes on a non-class basis in accordance with these Terms. If you opt out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies. You may not opt out of only the class action waiver and not also the arbitration provisions. If you opt-out of these arbitration provisions, we also will not be bound by them.

WAIVER OF RIGHT TO BRING CLASS ACTION AND REPRESENTATIVE CLAIMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND ORA EACH AGREE THAT ANY PROCEEDING TO RESOLVE ANY DISPUTE, CLAIM OR CONTROVERSY WILL BE BROUGHT AND CONDUCTED ONLY IN THE RESPECTIVE PARTY'S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS (OR PURPORTED CLASS), CONSOLIDATED, MULTIPLE-PLAINTIFF, OR

REPRESENTATIVE ACTION OR PROCEEDING ("CLASS ACTION"). YOU AND ORA AGREE TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION. YOU AND ORA EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM. IF THE DISPUTE IS SUBJECT TO ARBITRATION, THE ARBITRATOR WILL NOT HAVE THE AUTHORITY TO COMBINE OR AGGREGATE CLAIMS, CONDUCT A CLASS ACTION, OR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. FURTHER, YOU AND ORA AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS FOR MORE THAN ONE PERSON'S CLAIMS, AND IT MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS ACTION. FOR THE AVOIDANCE OF DOUBT, HOWEVER, YOU CAN SEEK PUBLIC INJUNCTIVE RELIEF TO THE EXTENT AUTHORIZED BY LAW AND CONSISTENT WITH THE EXCEPTIONS CLAUSE ABOVE. 3. IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES' AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION. IF A COURT DECIDES THAT THE LIMITATIONS OF THIS PARAGRAPH ARE DEEMED INVALID OR UNENFORCEABLE, ANY PUTATIVE CLASS, PRIVATE ATTORNEY GENERAL OR CONSOLIDATED OR REPRESENTATIVE ACTION MUST BE BROUGHT IN A COURT OF PROPER JURISDICTION AND NOT IN ARBITRATION. YOU AGREE THAT ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO YOUR RELATIONSHIP WITH ORA MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, YOUR CLAIM WILL BE PERMANENTLY BARRED. 12. Governing Law and Jurisdiction Unless specified otherwise, these Terms shall be governed by the laws of the British Virgin Islands. You agree to submit to the personal jurisdiction of the courts located in British Virgin Islands for any actions for which we retain the right to seek injunctive or other equitable relief.

1. External Links The Services may contain links to other third-party website and/or applications or otherwise re-direct you to other third-party website, applications (including meeting software) or services (collectively, the “Linked Websites”). The Linked Websites are not under our control, and we are not responsible for any Linked Websites, including, but not limited to, any content contained in a Linked Websites or any changes or updates to the Linked Websites. The Linked

Websites may require you to agree to additional terms and conditions between you and such third party. When you click on a link to Linked Websites, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies, if and as applicable) of another website or destination. WE ARE NOT RESPONSIBLE FOR ANY SUCH TERMS AND CONDITIONS OR ANY DAMAGES YOU MAY INCUR BY USING THE LINKED WEBSITES. ORA provides these Linked Websites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to the Linked Websites or their products or services. You use all links in the Linked Websites at your own risk.

1. Assignment These Terms and any rights and licenses granted hereunder, may not be transferred, or assigned by you, but we may assign them without restriction. Any attempted transfer or assignment in violation hereof will be null and void.

2. Severability If any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.

3. Entire Agreement These Terms, together with any amendments and any additional agreements you may enter with us in connection with the Services shall constitute the entire agreement between you and us concerning the Services.

4. Entire Agreement No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision.

5. Contact Information If you have any questions about these Terms, please contact us at: privacy@ora.io.

Last Modified:

Sep 23, 2024

Introduction

Hyper Oracle INC. ("ORA", "we", "us") respects your privacy and provides this Privacy Policy (the "policy") to inform you about the personal information we may collect from you or that you may provide when you visit the website ora.io (our "Website") and our treatment of and practices related to collecting, using, and disclosing personal information.

As used in this policy, "personal information" relates to information that identifies, relates to, describes, or could reasonably be linked with an identifiable natural person. This policy applies to personal information we collect:

 On this Website.

 In email, text, and other electronic communications between you and us.

 Through mobile and desktop applications you download from this Website, which provides dedicated non-browser-based interaction between you and this Website.

This policy does not apply to websites, applications, or services that do not display or link to this policy or that display or link to different privacy statements. Please read this policy carefully to understand our policies and practices regarding your personal information and how we will treat it. By accessing or using this Website, you consent to this policy and our Terms of Service.

Information We Collect About You and How We Collect It We may collect the following categories of personal information from and about users of our Website:

 Identifiers: such as name, postal address, e-mail address, telephone number, social media username, or other identifying information.

 Device Information: such as internet protocol (IP) address, web browser type, operating system version, phone carrier and manufacturer, [application installations], device identifiers, and mobile advertising identifiers.

 Usage data: such as internet or other electronic network activity information including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement.

 Profiles and inferences: inferences drawn from any of the information identified above to create a profile reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, or aptitudes.

 Commercial information: including records of services rendered, purchased, obtained, or considered, or other purchasing or use histories or tendencies.

 Job application information: such as your resume or CV, cover letter, work experience or other experience, education, transcripts, demographic information processed during the application or recruitment process such as gender, information about your citizenship and/or nationality, medical or health information, your racial or ethnic origin, or other information you provide to us in connection with or support of an application.

 Blockchain information: such as wallet information, account balances, and on- chain transaction information. Although this information may not be considered personal information on its own, we may combine it with personal information collected from our Website and/or services. We collect this information:

 Directly from you when you provide it to us.

 Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.

 From third parties, such as our service providers and business partners.

Information You Provide to Us The information we may ask you to provide and that we will collect may include

 Information that you provide by filling in forms on our Website. This includes information provided at the time of registering for an account on our Website.

 Records and copies of your correspondence (including email addresses), if you contact us.

 Your responses to surveys that we might ask you to complete for research purposes.

 Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.

 Your personal information that you provided for any sweepstakes or contests. In some jurisdictions, we are required to publicly share information of sweepstakes and contest winners.

 Your sign ups to conferences, trade shows, and other events that we host or are associated with.

 If you are applying for a work or service provider position, we may collect information about your work experience, your resume, the URL to your personal or professional websites, and your skill sets and certifications. You also may provide information to be published or displayed (hereinafter, "posted") on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Although [we limit access to certain pages/you may set certain privacy settings for such information by logging into your account profile], please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

 Details of your visits to our Website, including traffic and usage data, location data, logs, and data about the pages and areas that you access and interact with on the Website.

 Information about your computer and internet connection, including your IP address, operating system, and browser type. We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).

The personal information we collect automatically is aggregated statistical data and does not] include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties]. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

 Estimate our audience size and usage patterns.

 Store information about your preferences, allowing us to customize our Website according to your individual interests.

 Speed up your searches.

 Remember your preferences while you use our Website.

The technologies we use for this automatic data collection may include:

 Cookies: A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.

 Performance and Analytics Cookies: These cookies allow us to count visits and traffic sources, through various third parties, so we can measure and improve the performance of our Website. These enable us to collect information about how you use our Website or read our publications, for instance which pages are viewed by visitors most frequently and how users interact with each of our Website. This information is used to compile reports to improve the respective site, including reports on the number of visitors to the Website, where the visitors are located, marketing and referrals, and what pages the users visit on the Website. All information these cookies collect is aggregated and is not associated with an identifiable individual. If you do not allow these cookies, we will not know when you have visited our Website and will not be able to monitor site performance.

 Web Beacons: Pages of our the Website [and our e-mails] may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or [opened an email] and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

 Pixel Tags: Pixel tags are tiny graphic images with a unique identifier, similar in function to cookies, that are used to track online movements of web users. In contrast to cookies, which are stored on a computer’s hard drive or web browser, pixel tags are embedded invisibly in web pages. Pixel tags are often used in combination with cookies, to trigger the placing of cookies, and/or to transmit information to us or our vendors or partners. This enables two websites to share information. The resulting connection can include information such as a device’s IP address, the time a person viewed the pixel, an identifier associated with a browser or device, the type of browser being used, and the URL of the web page from which the pixel was viewed. Pixel tags also allow us to send email messages in a format that users can read, tell us whether emails have been opened, and help to ensure we are sending only messages that may be of interest to our consumers.

Most browsers automatically accept cookies, but you may be able to control the way in which your devices permit the use of cookies, web beacons/clear gifs, and other automatic data collection technologies. If you so choose, you may block or delete our cookies from your browser; however, blocking or deleting cookies may cause some Website features and general functionality to work incorrectly. To opt out of tracking by Google Analytics, click here. Your browser or device settings may allow you to transmit a "Do Not Track" or a "Global Privacy Control" signal when you visit our Website. At this time we do not respond to such signals.

How We Use Your Information

We use personal information that we collect about you or that you provide to us, including any personal information:

 To provide our Website and its contents to you.

 To provide you with information, products, or services that you request from us.

 To fulfill any other purpose for which you provide it.

 To provide you with notices about your account, including information about purchases.

 To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection. To fulfill any other purpose for which you provide it.

 To notify you about changes to our Website or any products or services we offer or provide though it.

 To process job applications, conduct background checks, and assess your skills, qualifications, and interest in our career opportunities.

 For other purpose we may disclose when you provide the personal information.

 To analyze user's blockchain activity and transaction information to improve our services and Website.

 For any other purpose with your consent. We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

Disclosure of Your Information

We may disclose aggregated information about our users[, and information that does not identify any individual,] without restriction. We may disclose personal information that we collect or you provide as described in this policy:

 To our subsidiaries and affiliates.

 To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.

 To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website users is among the assets transferred.

 To fulfill the purpose for which you provide it. For example, if you give us an email address to sign up for our newsletter, we may transmit your email address to our third-party service provider that sends the newsletter on our behalf.

 For any other purpose disclosed by us when you provide the personal information.

 With your consent. We may also disclose your personal information:

 To comply with any court order, law, or legal process, including responding to any government or regulatory request.

 To enforce or apply our terms of service and other agreements, including for billing and collection purposes.

 If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of ORA, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of conducting background checks, complying with Know Your Customer and anti-money laundering laws, fraud protection, and credit risk reduction.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Unfortunately, the transmission of personal information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk.

Children Under the Age of 18

Our Website is not intended for children under 18 years of age. No one under age 18 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Website, register for the newsletter, make any purchases through the Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use. If we learn we have collected or received personal information from a child under 18, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at team@ora.io.

Your Privacy Rights

California’s Shine the Light

Under California’s “Shine the Light” law (Cal. Civ. Code § 1798.83), California residents who provide us certain personal information are entitled to request and obtain from us, free of charge, information about the personal information (if any) we have shared with third parties during the immediately preceding calendar year for their own direct marketing use. Such requests may be made once per calendar year for information about any relevant third-party sharing in the prior calendar year. California residents who would like to make such a request may submit a request via the contact information provided below. The request should attest to the fact that the requester is a California resident and provide a current California address. We are only required to respond to a customer request once during any calendar year. Please be aware that not all information sharing is covered by California’s “Shine the Light” law and only information sharing that is covered will be included in our response.

Nevada

If you are a resident of Nevada, you have the right to opt-out of the sale of certain personal information to third parties who intend to license or sell that personal information. You can exercise this right by contacting us here. Please note that we do not currently sell your personal information as sales are defined in Nevada Revised Statutes Chapter 603A. If you have any questions, please contact us. International transfer of personal information

All personal information processed by us may be transferred, processed, and stored anywhere in the world, including, but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. We endeavor to safeguard your personal information consistent with the requirements of applicable laws.

If we transfer personal information which originates in the European Economic Area, Switzerland, and/or the United Kingdom to a country that has not been found to provide an adequate level of protection under applicable data protection laws, one of the safeguards we may use to support such transfer is the EU Standard Contractual Clauses.

For more information about the safeguards we use for international transfers of your personal information, please contact us as set forth below.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

Email: privacy@ora.io