Lambus App Terms of Service

Last updated: 08.10.2021

Thanks for using Lambus! These Lambus Travel Application (“App”) Terms of Service (these “Terms”) describe your rights and responsibilities as a user of our App. These Terms constitute a legally binding agreement.

These Terms are between you and the Lambus entity that owns or operates the App that you are using. The operator of the App is Lambus GmbH with its registered office at Albert-Einstein-Str. 1 in 49076 Osnabrück, Germany represented by the managing director Hans Knöchel, entered in the commercial register of the Osnabrück Local Court under the registration number HRB 213167, VAT identification number DE321800863, telephone: +49 541 350 263 23, E-Mail: hello@lambus.com, website: https://www.lambus.com, (hereinafter referred to as “Lambus”, or “we” or “us”).

”You” means you individually.

If you have any questions about the App, we can also be reached at support@lambus.com. General questions will also be answered in the App and on the website under "Help & FAQ".

These Terms are effective as of the date you first click “I agree” (or similar button or checkbox) or use or access the App, whichever is earlier (the “Effective Date”). These Terms do not have to be signed in order to be binding. You indicate your assent to these Terms by clicking “I agree” (or similar button or checkbox) at the time you register for the App or create an account.

We maintain other terms and policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data.

Table of Contents

Our Mission
General
Versions and Features
Registration and Conclusion of Contract
License Grant
Upgrade and Fees
Use of PayPal
Content
Availability
Rules of Conduct
Rights of Lambus in the Event of Violations
Reporting Violations
Revocation
Term
Termination
Modification of our Terms
Disclaimer of Warranties
Liability
Dispute Resolution, Venue and Governing Law
Interpretation of these Terms
Assignment
Third-Party Services
Force Majeure
United States Governing Law and Venue
United States Dispute Resolution and Arbitration Agreement

1. Our Mission

Our mission is to enable you to manage your whole trip in your pocket: Just for yourself or as a group you can add waypoints and highlights or get inspired by personalized travel recommendations. This way we help you not to spend unnecessary time with complex route planning, instead you can focus on discovering magical places, epic photo environments or even breathtaking secret spots that have remained completely hidden from your eyes up until now. With Lambus you can also easily keep track of your expenses, even when travelling in a group and collect all your travel documents and photos in one place so all your travel companions can access it at any time.

2. General

2.1 The App is aimed exclusively at persons who make use of the services offered as consumers and have reached the relevant age of majority (e.g. 18 or 21 years) according to the legal system applicable to them ("User"). A consumer is any natural person who enters into a legal agreement for purposes that are predominantly neither commercial nor self-employed (Section 13 Geman Civil Code).

2.2 Lambus stores the text of the contract after conclusion of the contract in compliance with data protection. These Terms are accessible any time on the website https://www.lambus.com in printable version. They can also be viewed within the app under "Settings > Legal > General Terms and Conditions".

3. Versions and Features

3.1 The basic version of the App is available free of charge. You can unlock additional features by upgrading the App via in-app purchase to the PRO-Version (“Lambus PRO”).

3.2 The following main functionalities are available with the free basic version:

a) Create a trip for yourself and other travel participants;

b) Chat with other travel participants;

c) Plan a travel route via different waypoints, which can be seen under the "Travel Plan" tab with expected length of stay or the date of stay;

d) Mark highlights (e.g. restauants, museums, etc.);

e) Upload, management and sharing of a limited number of photos and travel documents;

f) Manage individual and joint travel expenses with the possibility of balancing them among all travelers via PayPal;

g) Rename the trip if the destination is changed;

h) Leave and delete a trip;

i) Invite friends to use the App via link sharing.

3.3 The following additional functionalities are available with Lambus PRO:

a) Track your flight status with data from OAG Aviation Worldwide Limited;

b) use GPS-Currencies with data from your devices GPS-Data;

c) Extended Route Planning options such as calculation of the distance and duration of the route between two waypoints based on the respective means of transportation;

d) Real time weather information for every part of the trip with data from your waypoints;

e) Export of your list of individual and joint travel expenses as a printable PDF and Excel file;

f) Upload, management and sharing of an unlimited number of photos and travel documents;

g) Video chat with your fellow travelers.

4. Registration and Conclusion of Contract

4.1 Without a user account a test use of the App is possible for 30 days. The user contract for the trial period is only concluded for a maximum period of 30 days beginning with the download of the App. The confirmation sent to the user's e-mail address represents the acceptance of the contract offer, which constitutes the contract for the trial period. Within this period, a trip can be created and way-points can be added to the trip. Other functionalities described in Section 3 cannot be used without a registration.

4.2 Full use of the App is only possible for registered users with a personal user account. For this purpose, you must register either at the first start of the App or during the trial period via the "New Account" tab. In addition, you must agree to these terms of use. The registration can be completed via e-mail (“Lambus Registration”) or via your Apple ID (“Apple Registration”), Google Account (“Google Registration”) or Facebook Account (“Facebook Registration”).

4.3 Lambus Registration

4.3.1 Each registration is for a single user only, unless otherwise expressly agreed upon by Lambus. Registration for access to and use of the App may also require access credentials, such as a user name and a password, or adherence to other particular access requirements as designated by Lambus in its sole discretion from time to time. You hereby agree to consider your access credentials, such as user name and password, as confidential information and not to disclose such information to any third party. You have the opportunity to correct your details at any time during the registration process before clicking the "Create account" button.

4.3.2 By clicking the "Create account" button you submit an offer for conclusion of a user contract with full usage of the app. After receiving the offer, Lambus will send a link to the e-mail address provided by the user requesting confirmation. The registration process and the contract are only concluded with your confirmation by clicking the link in the confirmation e-mail.

4.3.3 You can view and change your registration information at any time under "Settings" - "Edit profile". In addition, you can uplaod a profile picture or specify your gender.

4.4 Apple Registration, Google Registration, Facebook Registration

4.4.1 In addition to Lambus Registration with user name and password, registration can also take place using the access data stored by you with Apple, Facebook or Google, provided you have an Apple, Facebook or Google account.

4.4.2 If you choose to use Apple Registration, Google Registration or Facebook Registration additional terms of the service provider may apply.

4.5 If no registration is completed within the 30 days, all data collected during this time will be irretrievably deleted after the test phase. The user will be informed of this again separately during the test phase.

5. License Grant

Subject to your continued compliance with these Terms, Lambus provides to you a single, revocable, limited, non-exclusive, non-transferable, and non-sublicensable license to access and use the App during the term of these Terms on your mobile phone or other mobile computing devices and only for personal or internal business purposes. The content layout, formatting, features of and online or remote access processes or privileges for the App shall be as specified by Lambus in its sole discretion.

6. Upgrade and Fees

6.1 You can upgrade the app to Lambus PRO via in-app purchase at the price indicated. An upgrade takes place via an "in-app" purchase option, which unlocks additional functions in accordance with section 3.3. By completing the in-app purchase, you enter into an additional time-based subscription contract ("PRO-Subscription") or an additional contract for a one-time trip using Lambus-PRO ("PRO-Trip-Agreement").

6.2 PRO-Subscriptions renew on a periodic basis as designated by Lambus which will usually last 1 year unless you terminate the PRO-Subscription. Additional terms or conditions may apply to a Subscription at the time of renewal. PRO-Trip-Agreements are valid for one trip but not longer than 6 months.

6.3 All fees and applicable Taxes for Lambus PRO will be processed by the participating mobile app provider, such as Google PlayStore or Apple AppStore (together “App Stores”) which you originally downloaded the App from. You may access the applicable "in-app" purchase rules and policies directly from the applicable App Store. Please see https://play.google.com or https://www.apple.com/legal for more information.

6.4 Except provided otherwise, fees are non-refundable. Lambus reserves the right to change the fees at any time, and will provide notice of any fee changes before they become effective. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 15.

7. Use of PayPal

7.1 We use the payment service provider PayPal to enable you balance community travel expenses among all travelers. PayPal is operated by PayPal (Europe) S. à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. To use this feature, you must possess a PayPal account. Therefore, additional terms and conditions may apply, please see https://www.paypal.com/tc/webapps/mpp/ua/useragreement-full for more information.

7.2 You are responsible for the community travel expenses, their input in the App and their compensation among the participants of the trip. Lambus has no influence on the correctness of the information provided nor on the successful balancing among the travelers.

8. Content

8.1 Parts of the App enable you to upload photos, audio, video and text such as travel documents or provide feedback, information and other content (“Content”). By providing Content, in whatever form and through whatever means, you grant Lambus a non-exclusive, worldwide, royalty-free, sub-licensable and transferable license, for the term of the protection of the rights so licensed, to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Content to provide and/or promote the App, in any media or platform, known or unknown to date and in particular on Internet and social networks. If Content includes personal information, such Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy.

8.2 You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Lambus the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party.

8.3 You agree that Lambus may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. Lambus does not guarantee the accuracy or quality of translations.

8.3 For our onboardinf experience, we have integrated a chatbot into our app, utilizing technology from ChatGPT, a service based on tools developed by OpenAI Inc., Pioneer Building 1, 3180 18th St, San Francisco, California 94110, USA ("OpenAI"). The chatbot is an AI-based model for language and text processing that assists our users with simple inquiries. When you use the chatbot, your travel itinerary, destinations, and the data you provide will be processed by OpenAI. The legal basis for processing personal data is Article 6(1)(a) of the GDPR in conjunction with Section 25(1) sentence 1 of the TTDSG, or Article 6(1)(b) of the GDPR. OpenAI will use this information on our behalf to ensure the optimal operation of the chatbot. The data will be stored by OpenAI for 30 days and then deleted. If data processing is based on your consent, you may withdraw this consent at any time by contacting us via live chat (Profile > Help Center) or by emailing support@lambus.com. To ensure data protection, we have entered into a data processing agreement with OpenAI in accordance with Article 28 of the GDPR, in which the provider commits to processing the received data only according to our instructions and to maintaining the EU level of data protection. Further comprehensive information on data protection can be found in OpenAI's Privacy Policy.

9. Availability

9.1 Lambus strives for a high average availability of the App. However uninterrupted availability is not technically feasible. Interruptions of the internet that cannot be influenced by Lambus or other circumstances for which Lambus is not responsible, in particular those based on force majeure, as well as regular and unscheduled maintenance work on the database system to eliminate malfunctions, can lead to a temporary interruption or malfunction of the App.

9.2 In addition, Lambus endeavours to continuously adapt the App to the current technical requirements. Lambus therefore reserves the right to make changes to adapt the system to the state of the art, to optimize the system, in particular to improve user-friendliness and to change content, if the latter is necessary to correct errors, to update and complete the app or to optimize the program.

9.3 You need a smartphone with Internet access to use the app. Depending on your contract with your Internet provider, you may incur additional costs for using the Internet, in particular international fees such as roaming costs. Lambus is not responsible for your Internet connection and does not bear its costs. You are responsible for protecting your smartphone with up-to-date anti-virus software, firewall and system updates and for preventing access to the hardware.

10. Rules of Conduct

10.1 You shall keep the information provided during registration up to date and update any changes without delay.

10.2 You shall keep your access data confidential. If you allow third parties to access your user account intentionally or negligently, you shall be liable for the conduct of such third parties and thus, if applicable, for any claims arising from such use, in particular for damages and reimbursement of expenses.

10.3 You are responsible for any information and content that you publish about yourself or your fellow travelers.

10.4 You must follow this code of conduct and must not help or induce others to break or circumvent these rules:

10.5 Act with integrity and treat others with respect.

a) Do not lie, misrepresent something or someone, or pretend to be someone else;

b) Be polite and respectful when you communicate or interact with others;

c) Do not discriminate against or harass others.

10.6 Do not scrape, hack, reverse engineer, compromise or impair the App

a) Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the App;

b) Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the App or Content;

c) Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the App;

d) Do not take any action that could damage or adversely affect the performance or proper functioning of the App.

10.7 Only use the App as authorized by these Terms or another agreement with us

a) Do not use the App, our messaging tools, or other users personal information to send commercial messages without the recipient’s express consent;

b) Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us;

c) Do not request, make, or accept a booking or any payment outside of the App to avoid paying fees, taxes or for any other reason;

d) Do not use, copy, display, mirror or frame the App, any Content, any Lambus branding, or any page layout or design without our consent.

10.8 Honor your legal obligations

a) Understand and follow the laws that apply to you, including privacy and data protection laws;

b) If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so;

c) Do not use the name, logo, branding, or trademarks of Lambus or others without permission;

d) Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with Lambus branding.

11. Rights of Lambus in the Event of Violations

11.1 You undertake to indemnify Lambus to the maximum extent permitted by applicable law against any claims by third parties based on your infringing use of the App. This includes any damages as well as reasonable costs and expenses, in particular the necessary costs of legal defense. You undertake to inform Lambus immediately of any claims made by third parties due to unlawful use of the app or your user account.

11.2 Without prejudice to further rights (in particular termination without notice and the assertion of claims for damages), Lambus may also sanction a violation of these Terms by taking reasonable and appropriate measures such as the temporary or complete deletion of content, a warning, blocking or other restrictions concerning the use of the App. Lambus shall choose the measure taking into account all relevant concerns, in particular the severity of the violation and the degree of fault, liability risks, etc. Lambus shall be entitled to take such measures at its own discretion. You shall immediately remove any Content for which there is a reasonable suspicion of an infringement or if you are requested to do so by Lambus.

12. Reporting Violations

If you believe that another user or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Lambus. In addition, if you believe that another user or Content has violated our Terms, you should report your concerns to Lambus.

13. Revocation

13.1 An in-app purchase constitutes a contract for the delivery of digital content on a non-tangible medium (Section 312 f Geman Civil Code).

13.2 You expressly agree that Lambus may commence performance of the Agreement prior to the expiration of the revocation period and acknowledge that you hereby forfeit your right of revocaiton upon commencement of performance of the Agreement (Section 356 Geman Civil Code).

14. Term

The agreement between you and Lambus reflected by these Terms is effective with your registration of and is concluded for an indefinite period of time. It and remains in effect until either you or we terminate the agreement in accordance with these Terms. The contract for the trial version ends 30 days after the download of the App without any notice.

15. Termination

15.1 You may terminate this agreement at any time by sending us an e-mail or by deleting your account.

15.2 We may terminate this agreement and your account for any reason by giving you 14 days’ notice via e-mail or using any other contact information you have provided for your account.

15.3 We may also terminate this agreement immediately and without notice and stop providing access to the App if you breach these Terms, you violate applicable laws, or we reasonably believe termination is necessary to protect Lambus or third parties.

15.4 If your account has been inactive for more than two years, we may terminate your account without prior notice.

15.5 You are responsible for securing the Content and data entered into the App (in particular photos, travel documents and details of travel expenses incurred), as these are irretrievably deleted by Lambus upon termination of the contract.

15.6 When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the App has been limited, or your account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the App through an account of another person.

15.7 Parts of these Terms that by their nature survive termination, will survive termination of this agreement.

16. Modification of our Terms

16.1 We may modify these Terms at any time if the amendment is only beneficial to you, if there is a need for amendment due to certain legal requirements or court rulings or an official decision against Lambus as well as in the case of technical revisions that require an amendment to the Terms and are reasonable for you.

16.2 You will be notified in text form (e.g. by e-mail) at least six weeks before the planned modification date of any change to these Terms intended by Lambus. Your consent shall be deemed to have been granted if you have not objected to their validity towards Lambus by the planned date of amendment. Users who do not agree may terminate the contract with Lambus at any time - not only before the planned date of change, but also thereafter. You will be separately informed again by Lambus within the notification of the intended changes you’re your silence is seen as agreement to the changes and that you can terminate the contract at any time.

16.3 When we make material changes to these Terms, we will post the revised Terms on our website and update the “Last Updated” date at the top of these Terms.

17. Disclaimer of Warranties

17.1 We provide the App and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied.

17.2 For example:

a) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Attraction, Location, Sight, Listing or third party;

b) we do not warrant that verification, identity or background checks conducted on listings (if any) will identify past misconduct or prevent future misconduct. Any references to a listing being "verified" (or similar language) indicate only that the listing or Lambus has completed a relevant verification or identification process and nothing else.

18. Liability

18.1 Lambus is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of warranties or any other strict liability, or in case of a culpable injury to life, limb, or health.

18.2 For any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents Lambus’ liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of Lambus in whose proper fulfillment you regularly trust and must trust for the proper execution of the contract.

18.3 Any additional liability of Lambus is excluded.

19. Dispute Resolution, Venue and Governing Law

19.1 If you reside or have your place of establishment outside of the United States, this Section applies to you and these Terms will be interpreted in accordance with the law of the Federal Republic of Germany. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

19.2 The choice of law does not impact your rights as a consumer according to the consumer protection regulations of your country of residence. Legal proceedings that you are able to bring against us arising from or in connection with these Terms may only be brought in a court located in Germany or a court with jurisdiction in your place of residence.

19.3 If Lambus wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident.

19.4 The European online dispute settlement plat-form can be accessed at http://ec.europa.eu/consumers/odr. Lambus is not prepared or obliged to participate in dispute resolution proceedings before an arbitration body under the German Consumer Dispute Resolution Act (VSBG). However, Lambus will use its best endeavours to resolve a possible dispute with you and thus avoid legal action.

20. Interpretation of these Terms

Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms constitute the entire agreement between Lambus and you pertaining to your access to or use of the Lambus App and supersede any and all prior oral or written understandings or agreements between Lambus and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Lambus. If any provision of these Terms is held to be invalid or unenforceable such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

21. Assignment

You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Lambus's prior written consent. Lambus may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice. Your right to terminate this agreement at any time pursuant to Section 13.2 remains unaffected.

22. Third-Party Services

22.1 The App may contain links to third-party websites, applications, services or resources (“Third-Party Services”) like to our partner GetYourGuide, that are subject to different terms and privacy practices. Lambus is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.

22.2 Lambus is not responsible for the accuracy of information provided by third party providers. The data sources used by Lambus for information such as flight status, weather or exchange rates are the sole responsibility of the respective operators.

22.3 Some translations in the App are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.

22.4 Some areas of the App implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

23. Force Majeure

Lambus shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

24. United States Governing Law and Venue

24.1 If you reside or have your place of establishment in the United States, these Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions.

24.2 Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in Section 25 must be brought in state or federal court in San Francisco, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in San Francisco, California.

25. United States Dispute Resolution and Arbitration Agreement

25.1 This Arbitration Agreement only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against Lambus in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.

25.2 Lambus is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section applies: (1) an informal negotiation directly with Lambus’ customer service team (described below), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and Lambus each retain the right to seek relief in small claims court as an alternative to arbitration.

25.3 At least 30 days prior to initiating an arbitration, you and Lambus each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. Lambus will send its notice of dispute to the email address associated with your Lambus account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).

25.4 You and Lambus mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the App, or any Content (collectively “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Lambus agree that the arbitrator will decide that issue.

25.5 You and Lambus each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction:

a) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights;

b) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack);

c) a request for the remedy of public injunctive relief. You and Lambus agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.

25.6 This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.

25.7 In order to make the arbitration most convenient to you, Lambus agrees that any required arbitration hearing may be conducted, at your option:

a) in the U.S. county where you reside;

b) in San Francisco County;

c) via phone or video conference;

d) if all parties agree, by solely the submission of documents to the arbitrator.

25.8 Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Lambus will pay all arbitration fees and expenses. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.

25.9 The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

25.10 You and Lambus acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.

25.11 You and Lambus acknowledge and agree that, to the fullest extent permitted by law, we are each wa-iving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbit-rate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.

25.12 Except as provided in Section 18.12, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.

25.13 If Lambus changes this Section 25 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Lambus (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Lambus.