Terms of Service

1. Acceptance of the Terms of Service

These terms of use (the "Terms of Use") are entered into by and between You and Test Chair Inc., a USA, New York State s-corp (the "Company," "We," or "Us"). The following terms and conditions, together with any documents they expressly incorporate by reference, including that certain Arbitration Agreement, governs your use of and request for services from the Company's website "www.testchair.com" (the "Website") and the Company's mobile application (the "App"), including any content, functionality, and services offered on or through use the Website or the App, whether as a guest or a registered user.

Our Platform is offered and available to users who are eighteen (18) years of age or older and reside in the United States or any of its territories or possessions. By using either the Website or the App, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements.

2. Changes to the Terms of Service

The Company may revise and update these Terms of Service, including but not limited to suspending or discontinuing the Website, the App, or any service, or feature offered thereon from time to time in its sole discretion and with or without notice. All changes are effective immediately when posted, and apply to all access to and use of the Website and the App thereafter.

Your continued use of the Website or the App following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

3. Eligibility

You must be at least eighteen (18) years old to use the Website or the App. If you are under the age of majority in your state of residence, a minor, your parent or legal guardian must agree to this Agreement on your behalf, and you may only access and use the Website or the App with permission from your parent or legal guardian.

4. Accessing the Website and Account Security

The Company reserves the right to withdraw or amend the Website or the App, and any service or material it provides on the Website or the App, in its sole discretion without notice. The Company will not be liable if for any reason all or any part of the Website or the App is unavailable at any time or for any period.

You are responsible for:

• • Making all arrangements necessary for you to have access to the Website or the App
• • Ensuring that all persons who access the Website or the App through your internet connection are aware of these Terms of Service and comply with them
• • Maintaining the security and confidentiality of your account credentials
• • Any activity that occurs under your account

To access the Website or the App, or some of the resources it offers, you must register for an account using your email address, phone number, or a third-party login service, such as Facebook or Google. It is a condition of your use of the Website or the App that all the information you provide is correct, current, and complete.

5. Site Contents

The Website, the App, and its respective contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Permitted Uses:

• • Your computer or mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
• • You may store files that are automatically cached by your Web browser for display enhancement
• • You may print or download one copy of a reasonable number of pages for your own personal, non-commercial use
• • You may download a single copy of the App to your mobile device solely for your own personal, non-commercial use

You must not:

• • Modify copies of any materials from the Website or the App
• • Use any illustrations, photographs, video or audio sequences, or any graphics separately
• • Delete or alter any copyright, trademark, or other proprietary rights notices
• • Copy, reproduce, distribute, or use any content for commercial purposes
• • Access or use for any commercial purposes any part of the Website or the App

6. Prohibited Uses

You may use the Website or the App only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website or the App:

• • In any way that violates any applicable federal, state, local, or international law or regulation
• • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way
• • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent
• • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity
• • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website or the App

Additionally, you agree not to:

• • Use the Website or the App in any manner that could disable, overburden, damage, or impair the site
• • Use any robot, spider, or other automatic device, process, or means to access the Website or the App
• • Use any device, software, or routine that interferes with the proper working
• • Introduce any viruses, Trojan horses, worms, logic bombs, or other malicious material
• • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts
• • Attack the Website or the App via a denial-of-service attack

7. Our Services

The App enables you to use our services to provide real-time feedback on chairs during showroom visits and access centralized feedback data for better decision-making in the furniture industry.

The App allows interior designers to submit feedback on chairs during client visits and enables manufacturers to access insights to support smarter business decisions in production, marketing, and pricing. The value and terms of each service may vary depending on the location, time, and type of feedback.

We may change, suspend, or stop the Service at any time and for any reason, without telling you or being liable to you. We may monitor, review, or remove any content or activity on the Service that We think is inappropriate, offensive, illegal, or against these Terms, at our sole discretion.

8. User Comments, Feedback, and Other Submissions

The Company is pleased to hear from users and welcomes your comments regarding our services. If you send us creative ideas, suggestions, photographs, proposals, plans, or other materials (collectively, "Comments"), you agree that We may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to us.

Any Comment will be considered non-confidential and non-proprietary. By providing a Comment, you grant Us and our affiliates and service providers the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

• • You own or control all rights in and to the Comment and have the right to grant the license granted above
• • All of your Comments do and will comply with these Terms of Use
• • You are responsible for any Comments you submit or contribute, and you have full responsibility for such content

9. Privacy

Your privacy is very important to us. Our Privacy Policy explains how We collect, use, protect, and when We share personal information and other data with others. This Agreement incorporates by reference the terms and conditions of the Privacy Policy which can be found at our Privacy Policy page.

10. Geographic Restrictions

The Company is based in the State of New York in the United States. The Company provides the Website and the App for use only by persons located in the United States and makes no claims that the Website, the App, or any of its respective content is accessible or appropriate outside of the United States. Access to the Website or the App may not be legal by certain persons or in certain countries.

11. Disclaimer of Warranties

12. Limitation on Liability

13. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, managers, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Website or the App.

14. Governing Law & Venue

All matters relating to the Website, the App, and these Terms of Service, and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service, the Website, and the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in Queens County, New York.

15. Dispute Resolution

Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and the Company agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Website or the App, the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute.

16. Arbitration Agreement

To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration. You agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute.

You agree that the arbitration shall be conducted by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules ("AAA Rules"), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA's website www.adr.org, or by calling the AAA at (800) 778-7879.

Key Arbitration Terms:

• • The Company will reimburse fees for claims totaling less than Ten Thousand Dollars ($10,000) if the arbitrator rules in your favor
• • The Company waives its right to seek attorneys' fees and costs in arbitration
• • You may choose to have the arbitration conducted by telephone, based on written submissions, or in person
• • Either you or the Company may bring any individual claim in small claims court as an alternative

17. Waiver of Right to Bring Class Actions

18. Termination

With the exception of the Arbitration Agreement, which shall survive the termination of these terms, these terms are effective unless and until terminated by either you or the Company. You may terminate this Agreement at any time. The Company also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Sites, if in our sole judgment you fail to comply with any term or provision of the Agreement.

19. Contact Information

If you wish to make any use of material on the Website or the App other than that set out in these terms, or if you have any questions about these Terms of Service, please contact us:

20. Miscellaneous

No waiver by the Company of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

The Terms of Service and the Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and the App.