📝 Terms and Conditions

Last Updated: July 31, 2024.

Effective Date: August 30, 2024

Please read these Terms and Conditions (the “Terms”) and our Privacy Policy carefully because they form a binding agreement between you and Backbone Labs, Inc. (“Backbone”, “us”, “we”, “our”, etc.) and govern your use of the Backbone-branded websites (including playbackbone.com, backbone.com, and all corresponding web pages and websites associated with the foregoing URLs) (the “Site”), our products, services, and software applications (each, an “App”), and all offers, sales and purchases of such products (including hardware and software) and/or services through the Site and/or Apps. To make these Terms easier to read, such products and services, the Site, and Apps may collectively be referred to as the “Products” or “Services”, as applicable.

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS, YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND BACKBONE THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. FOR CLARITY, BY AGREEING TO THESE TERMS, YOU WAIVE YOUR RIGHT TO A TRIAL BY JURY OR TO BRING OR PARTICIPATE IN A CLASS OR OTHER JOINT ACTION WITH RESPECT TO ANY CLAIMS ARISING UNDER OR IN CONNECTION WITH THESE TERMS. PLEASE REVIEW CAREFULLY SECTION 20 “ARBITRATION AGREEMENT” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
Agreement to Terms. By using our Services, you agree to be bound by these Terms. From time to time, we may make certain additional services, activities, offers, and other promotional initiatives (such as contests, sweepstakes and giveaways) available to you in connection with the Products and/or Services. By participating in any of the foregoing, you agree to be bound by any additional terms and conditions we make available to you in connection with the same, including, without limitation, the Promotional Offer Terms (collectively, “Additional Terms”), which are incorporated herein and made part hereof. To the extent that there is a conflict between these Terms and the Additional Terms, the Additional Terms will control. If you don’t agree to be bound by these Terms, do not use the Services.
Policies. Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy. Please refer to our Warranty and Returns Policy for information on the limited warranty and returns policy for our Products. Please refer to our Shipping Policy for information on postal and shipping policies. The policies set forth in this Section 3 (Policies) are hereby incorporated herein and made part hereof.
Changes to Terms or Services. We may update the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, then, except as otherwise provided in Section 20.4, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in Section 20.2, you may not use the Services anymore. Because our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Eligibility. You may use the Services only if you are 13 years or older, capable of forming a binding contract with Backbone, and not barred from using the Services under applicable law.
Registration and Your Information. If you want to use certain features of the Services you’ll have to create an account (“Account”). If we offer such functionality, you may do this through your account with certain third-party services such as Sign In With Apple or Twitter (each, an “SNS Account”). If you choose the SNS Account option we’ll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access. It’s important that you provide us with accurate, complete, and up-to-date information for your Account and you agree to update such information to keep it accurate, complete, and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
Subscriptions.
1. General. Certain aspect of the Services may be made available on a subscription basis through one or more Apps. Subject to these Terms, subscriptions to the Services will automatically renew, and your applicable payment method on file will be charged, on a recurring basis corresponding to the duration of your subscription (“Subscription Period”). Your Subscription Period will depend on the terms of the particular subscription you signed up for. [You may view the applicable end date of your Subscription Period and the subscription price through the settings on the mobile device used to subscribe to the Services.] We reserve the right to change your subscription offering and/or pricing at any time, but we will give you advance notice of such changes. If you do not wish to accept such changes, you may cancel your subscription.
2. Free Trials. We may offer free trials to the subscription-based Services. The terms of your free trial will be specified during sign-up. [You may view the applicable end date of your free trial and the subscription price that will apply thereafter (unless you cancel your subscription as described below) through the settings on the mobile device used to subscribe to the Services.] We determine free trial eligibility in our sole and absolute discretion and reserve the right to revoke any free trial in the event that we determine that you are not eligible. Upon the expiration of your free trial, your applicable payment method on file will be charged, unless you cancel your subscription prior to such date.
3. Billing. By signing up for a subscription, you authorize Backbone or the applicable third party (for example, Apple) to charge the recurring subscription fee and any applicable taxes (including VAT) for your subscription to your applicable payment method on file and in advance of every new Subscription Period in accordance with Section 9 (Payments), until canceled in accordance with Section 7(d) (Cancellation).
4. Cancellation. You may cancel your subscription to the Services at any time prior to the date it will automatically renew through the settings on the mobile device used to subscribe to the Services. For example, if you subscribed using your Apple ID, cancellation is handled by Apple, not Backbone. To cancel a purchase made with your Apple ID under the current operating system, go to Settings > click on your Apple ID > Subscriptions, then find your Backbone subscription and follow the instructions to cancel. Similarly, if you subscribed on Google Play, cancellation is handled by Google. To cancel a purchase made through Google Play under the current operating system, launch the Google Play app on your device and go to Menu > My Apps > Subscriptions, then find your Backbone subscription and follow the instructions to cancel. When you cancel your subscription to the Services, you will not receive a pro-rated refund, but you will continue to have access to the subscription Services through the end of the then-current Subscription Period. Following such cancellation, your subscription will automatically end at the end of the then-current Subscription Period. If you cancel your subscription, you will still be obligated to pay other charges incurred by you in the course of using the subscription Services prior to the end of the then-current Subscription Period, to the extent applicable.
Feedback. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by contacting us via backbone.com/support or using the in-app feedback tool. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Payments. Purchase of and payment for Products and Services via the Site and/or App shall be subject to these Terms.
1. General Guidelines. Unless otherwise indicated, in order to purchase a Product or Service, you will be required to provide a valid credit card or other payment method accepted by Backbone, as may be updated from time to time (“Payment Method”). When you initiate purchases of certain Products or Services (each, an “Order”), you expressly authorize us (or our third-party payment processor) to charge your chosen Payment Method and any applicable taxes (including VAT) for such Order. We may ask you to supply additional information relevant to your Order, including your credit card number, the expiration date of your credit card, and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use any such Payment Methods and provide such Payment Information. When you initiate an Order, you authorize us to provide your Payment Information to third parties so we can complete your Order and to charge your payment method for the applicable amount (including any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Order (such information is included within the definition of Payment Information).
2. Placing Orders. The prices and descriptions of the Products and/or Services on the Site and/or App may be revised by us at any time and do not constitute an offer to purchase a Product or Service. All Products and/or Services are subject to availability and all Orders are subject to our acceptance. An Order will be deemed accepted by us when we accept your payment and dispatch your Order ("Acceptance"). Any email acknowledgement of your Order does not constitute our Acceptance of your Order. We reserve the right at all times to decline to process or accept any Order received from or through the Services at our absolute discretion. Payment in full, without set-off, counterclaim or withholding of any kind, is required prior to our Acceptance. We will charge your chosen Payment Method before or around dispatch of the applicable Products or the commencement of applicable Services. We are not responsible for any billing errors unless you notify us of such billing error within ten (10) calendar days from the date of Acceptance. In the event we confirm, in our sole discretion, that such billing error is attributable solely to us, we will cancel your Order and/or refund the prior overpayment that you may have made for the applicable Product or Service, as appropriate.
3. External Accounts. When placing an Order through the Services, including subscriptions to the Services, you may have the ability to choose to pay through your account with the applicable App Provider (“External Account”), in which case, your billing relationship will be directly with that App Provider, and additional terms and conditions may apply. Your External Account will be charged for the purchase in accordance with these Terms and any applicable Additional Terms disclosed to you at the time of purchase. Purchases made through such App Providers must be managed through your External Account. You expressly consent to the use of such App Providers to facilitate any and all Orders you elect to make through the Services.
4. Pricing. In the event of any pricing discrepancy, the price presented to you upon our Acceptance of your Order shall control. Before our Acceptance of the applicable Order, we shall have the right to modify: (i) the prices reflected in your Order to account for any fluctuations in the cost of providing the applicable Products and/or Services; and/or (ii) the descriptions and specifications of the applicable Products and/or Services. You acknowledge and agree that the applicable Product and/or Service will be sold to you in accordance with such revised prices, descriptions, and/or specifications. Unless indicated otherwise in the applicable Additional Terms, all prices of the Products and/or Services listed on the Site shall be exclusive of (where applicable): (x) shipping fees; (y) any sales and/or import taxes or duties, and/or customs charges; and (z) Cross Border Fees (as defined below) (collectively, the "Additional Cost"). You are responsible for all such Additional Cost.
5. Product Delivery and Risk. Any delivery timelines stated in the Shipping Policy or in any other acknowledgements are non-binding and for estimation purposes only. We will use reasonable efforts to adhere to such delivery timelines, but we shall not be liable to you or any third party for any delay. Notwithstanding anything to the contrary herein, the risk of loss or damage to Products passes to you on the earlier of: (i) delivery to the address indicated in the applicable Order; or (ii) when placed in your possession or that of any carrier designated by you. Further, without limiting any other rights or remedies available to us, we reserve the right to: (1) effectuate delivery by any means we consider appropriate, at your expense; and/or (2) charge you for any costs incurred as a result of your rejection or failure to accept delivery, including without limitation any storage cost.
6. Product and Service Descriptions. We attempt to be as accurate as possible when describing the Products and Services. However, the information contained on the Site and App is for general information purposes only, and we do not warrant that any Product or Service descriptions or other Content on the Site or App are accurate, complete, reliable, current, or error-free. If you purchase a Product through the Site or App, and you believe such Product is not accurately described on the Site or App, your sole remedy is to return the Product in accordance with our Warranty and Returns Policy.
7. Cancellation and Refunds. ALL ORDERS ARE FINAL AND YOU WILL NOT BE ABLE TO CANCEL AN ORDER AND/OR RECEIVE A REFUND OF PAYMENT EXCEPT AS EXPRESSLY PROVIDED IN THE WARRANTY AND RETURNS POLICY. You acknowledge and agree that in the event that we agree, in our sole discretion, to grant you a refund with respect to your Order, such refund shall not include any cross border or other fees that credit card companies may charge for the processing of any payment ("Cross Border Fees"). For the avoidance of doubt, we reserve the right to cancel your Order for any reason.
Content and Content Rights. For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content. Backbone does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Backbone and its licensors exclusively own all right, title, and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Content. a) Rights in User Content Granted by You. By making any User Content available through the Services you hereby grant to Backbone a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, distribute, publicly display, publicly perform, and distribute your User Content in connection with operating, improving, marketing, advertising and providing the Services and Content to you and to others. b) Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Backbone on or through the Services will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. c) Removal of User Content. You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make or data preserved for analytics purposes) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content. d) Rights in Content Granted by Backbone. Subject to your compliance with these Terms, Backbone grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, access, and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
Rights and Terms for Apps. a) Rights in App Granted by Backbone. Subject to your compliance with these Terms, Backbone grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install a copy of the App on a device that you own or control, and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify, or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend, or rent the App to any third party; (iii) reverse engineer, decompile, or disassemble the App; or (iv) except through the App’s standard chat functionality, make the functionality of the App available to multiple users through any means. Backbone reserves all rights in and to the App not expressly granted to you under these Terms. b) Accessing App from the App Store. The following terms apply to any App accessed through or downloaded from any third-party app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
1. These Terms are concluded between you and Backbone, and not with the App Provider, and Backbone (not the App Provider) is solely responsible for the App.
2. The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
3. In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Backbone.
4. The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
5. In the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Backbone will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms.
6. The App Provider, and its subsidiaries, are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
7. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. You must also comply with all applicable third-party terms of service when using the App.
General Prohibitions and Backbone's Enforcement Rights. You agree not to do any of the following: a) Post, upload, publish, submit, or transmit any Content that: (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances; b) Use, display, mirror, or frame the Services or any individual element within the Services, Backbone's name, any Backbone trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Backbone's express written consent; c) Access, tamper with, or use non-public areas of the Services, Backbone's computer systems, or the technical delivery systems of Backbone's providers; d) Attempt to probe, scan, or test the vulnerability of any Backbone system or network or breach any security or authentication measures; e) Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Backbone or any of Backbone's providers or any other third party (including another user) to protect the Services or Content; f) Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search agents provided by Backbone or other generally available third-party web browsers; g) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation; h) Use any meta tags or other hidden text or metadata utilizing a Backbone trademark, logo URL, or product name without Backbone's express written consent; i) Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms; j) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive, or false source-identifying information; k) Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services or Content; l) Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation sending a virus, overloading, flooding, spamming, or mail-bombing the Services; m) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission; n) Impersonate or misrepresent your affiliation with any person or entity; o) Violate any applicable law or regulation; or p) Encourage or enable any other individual to do any of the foregoing. Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, including User Content, at any time and without notice, including but not limited to if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
DMCA/Copyright Policy. Backbone respects copyright law and expects its users to do the same. It is Backbone's policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. If you are a copyright owner or an agent thereof and believe that any content on the Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive copyright interest that is allegedly being infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works on the Services;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if applicable, e-mail address;
5. A statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, and/or the law; and
6. A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner of or authorized to act on behalf of the copyright owner of, an exclusive right that is allegedly being infringed.
  
  Written notification of claimed infringement must be submitted to Backbone’s Copyright Agent as follows:
  
  Backbone Labs, Inc.
  Attn: Backbone Copyright Agent
  Backbone Labs, Inc.
  1815 NW 169th Pl Suite 4020
  Beaverton, OR 97006
  legal@playbackbone.com
  
  For clarity, only such DMCA notices should be sent to the Copyright Agent.
Third-Party Games and Services. The Services may contain links to and/or provide interoperability with third-party websites, resources, content, platforms, services, programs, games and other offerings (collectively, “Third-Party Services”). Third-Party Services presented to you over the Services are not owned by Backbone and Backbone does not claim any ownership of any trademark or other intellectual property right in any such Third-Party Services. Backbone is not responsible for the Third-Party Services or any content, products or services made on or available from any Third-Party Services. You acknowledge sole responsibility for and assume all risk arising from your use of any Third-Party Services.
Termination. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by contacting us via backbone.com/support, subject to the terms of Section 7 above if you have subscribed to any subscription-based Services. Upon any termination, discontinuation or cancellation of the Services or your Account, any provision of these Terms which, either by its terms or to give effect to its meaning, must survive, including Sections 8, 10, 11, 12, 13, 15, 16, 17, 18, 19, 20, 21 and 22 shall survive any such termination, discontinuation or cancellation.
Warranty Disclaimers. EXCEPT AS OTHERWISE STATED IN THE WARRANTY AND RETURNS POLICY, (A) THE SERVICES, PRODUCTS AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, AND (B) WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services or Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the Services or any Content. For clarity, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Services. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Services.
Indemnity. You will indemnify and hold harmless Backbone and its officers, directors, employee, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including without limitation reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content; (ii) your User Content; or (iii) your violation of these Terms. Backbone reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and all negotiation for its settlement or compromise (as applicable), and in each such case, you agree to fully cooperate with us upon our request.
Limitation of Liability. a) NEITHER BACKBONE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR INVASION OF PRIVACY, LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PRODUCTS, SERVICES, OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BACKBONE OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. b) IN NO EVENT WILL BACKBONE'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO BACKBONE FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO BACKBONE, AS APPLICABLE. c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BACKBONE AND YOU.
Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Washington, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 20 “Arbitration Agreement” the exclusive jurisdiction for all Disputes (defined below) that you and Backbone are not required to arbitrate will be the state or federal courts located in Clark County, Washington, and you and Backbone each waive any objection to jurisdiction and venue in such courts.
Arbitration Agreement.

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS—INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT (BY REQUIRING YOUR DISPUTE TO BE SUBMITTED TO ARBITRATION) AND LIMITING YOUR RIGHTS TO RESOLVE YOUR DISPUTE AS PART OF A CLASS.

As detailed herein, the Terms of Use mandate that all disputes between you and Backbone be resolved first through an informal dispute resolution process. In the event informal resolution fails, the Terms of Use further mandate that all disputes (except those identified in Section 20.3) be formally resolved through binding arbitration. Binding arbitration means that an arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve such disputes. Consequently, you should read the entirety of Section 20 carefully as it may significantly affect your legal rights.

20.1 Informal Dispute Resolution.

For any and all disputes between you and Backbone, the parties shall use their best efforts to settle informally the dispute, claim, question, or disagreement and to engage in good faith negotiations. Failure to engage in this process could result in the award of fees against you in arbitration.

To initiate informal dispute resolution, the initiating party must first send a written description of the dispute to the other party. For any dispute against Backbone that you initiate, you agree to send to Backbone (a) a written description of the dispute and (b) the email address(es) associated with your account through the following email address: arbitration@playbackbone.com. The written description must be on an individual basis and provide, at minimum, the following information: your name; a description of the nature or basis of the claim or dispute; and the specific relief sought. For any dispute that Backbone initiates, we will send our written description of the dispute to the email address associated with your use of the Products or Services.

If the parties’ dispute is not resolved within sixty (60) days after receipt of the written description of the dispute by a party, you and Backbone agree to resolve any remaining dispute through the additional dispute resolution provisions set forth below.

A good faith engagement in informal dispute resolution shall be and is a prerequisite and condition precedent to either party initiating a lawsuit or arbitration. The parties agree that any applicable statute of limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.

For sake of clarification only, the informal dispute resolution negotiation shall be individualized such that a separate negotiation must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal dispute resolution negotiation, unless mutually agreed to by the parties. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference.

20.2 Binding Arbitration.

After the parties have engaged in a good-faith effort to resolve their dispute(s) in accordance with the Informal Dispute Resolution process (Section 20.1), and only if those efforts fail, then either party may initiate arbitration as set forth in this Section.

If you determine to initiate arbitration, a copy of the arbitration demand must be emailed to arbitration@playbackbone.com. If Backbone is initiating arbitration, it will serve a copy of the demand to the email address associated with your use of the Backbone Products or Services.

a. Mutual Arbitration Agreement.

Except as set forth in Section 20.3 below, you and Backbone agree that all claims, disputes, or disagreements that may arise out of or relating to the interpretation, applicability, enforceability, formation, or performance of these Terms— including but not limited to any claim that all or any part of these terms are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment, non-payment, or timing of any administrative or arbitrator fees—shall be resolved exclusively through binding arbitration in accordance with this Section 20.2 (collectively, the “Arbitration Agreement”).

This Arbitration Agreement shall be governed by the Federal Arbitration Act (“FAA”), including with respect to the interpretation and enforcement of the Arbitration Agreement.

This Arbitration Agreement is intended to be interpreted broadly, and it applies to claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with the notice opt-out provisions set forth in Sections 20.4 and 20.5.

Except as set forth in Section 20.2(c) below, if any provision of this Arbitration Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions thereof remain in full force and effect.

b. WAIVER OF RIGHTS INCLUDING JURY TRIAL.

THE PARTIES UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE THE CLAIM, AND THAT RIGHTS TO DISCOVERY AND APPEALS MAY BE LIMITED IN ARBITRATION. THE PARTIES FURTHER UNDERSTAND THAT THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION IN SOME INSTANCES.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT BY AGREEING TO THESE TERMS AND ARBITRATION AGREEMENT, YOU AND BACKBONE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

c. CLASS ARBITRATION AND COLLECTIVE RELIEF WAIVER.

YOU AND BACKBONE ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, AND EXCEPT AS OTHERWISE SET OUT IN THIS SECTION 20.2(c) AND SECTION 20.2(e)(vi) AND SECTION 20.2(e)(viii) BELOW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER CONSOLIDATED ACTION, AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM; NOTWITHSTANDING THIS ACKNOWLEDGEMENT AND AGREEMENT, ANY ARBITRATION INVOLVING YOU MAY PROCEED ON A CONSOLIDATED BASIS IF AND ONLY IF BACKBONE PROVIDES ITS CONSENT TO CONSOLIDATE IN WRITING.

With the exception of this Section 20.2(c), Section 20.2(e)(vi), and Section 20.2(e)(viii) below, if any part of this Arbitration Agreement is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of NAM, then the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision(s) were not contained herein. If, however, this Section 20.2 (e), Section 20.2(e)(vi), or Section 20.2(e)(viii) is found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor Backbone shall be entitled to arbitrate their dispute.

d. Arbitration Location and Procedure.

If you are a resident of the United States, arbitration will take place in the county where you reside. For residents in Canada (and anywhere else outside the United States), arbitration shall be initiated in Clark County, Washington State, United States of America, unless you and Backbone otherwise agree or unless the designated arbitrator determines that such venue would be unreasonably burdensome to any party, in which case the arbitrator shall have the discretion to select another venue.

For any arbitration conducted in the Clark County, Washington State, United States of America, You and Backbone agree to submit to the personal jurisdiction of any federal or state court in Clark County, Washington or any United States District Court in the Western District of Washington, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and in connection with any such proceeding, further agree to accept service of process by U.S. or certified mail and hereby waive any and all jurisdictional and venue defenses otherwise available.

e. The Arbitration Rules.

i. The Provider.

The arbitration will be administered by National Arbitration and Mediation (“NAM”) and resolved before a single arbitrator. If NAM is not available to arbitrate, the parties will select an alternative arbitration provider.

Except as modified by this “Dispute Resolution” provision, NAM will administer the arbitration in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer and the Mass Filing Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures governing or permitting class or representative actions. The applicable NAM rules and procedures are available at http://www.namadr.com or by emailing National Arbitration and Mediation’s Commercial Dept at commercial@namadr.com.

You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.

The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM’s Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Section 20 while such challenge remains pending before NAM the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.

ii. Arbitration Procedure.

The arbitrator shall apply Washington law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law. The arbitrator or arbitration body shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator has the right to impose sanctions in accordance with the NAM rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party’s failure to comply with the Informal Dispute Resolution procedures contemplated by this Arbitration Agreement.

iii. Arbitration Demand Must Contain Sufficient Information.

Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based, and must include proof that the claimant is party to this Arbitration Agreement and to these Terms of Use. The arbitrator and/or NAM may require amendment of any demand or counterclaim that does not satisfy these requirements. The arbitrator has the right to impose sanctions for any claims the arbitrator determines to be frivolous or improper (under the standard set forth in Federal Rule of Civil Procedure 11), including for any claim filed on behalf of a claimant who is not a party to this Arbitration Agreement or to these Terms of Use.

iv. Arbitration Conducted on Papers in Some Circumstances.

If the amount in controversy does not exceed US$10,000.00 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents that you and Backbone submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If the amount in controversy exceeds US$10,000.00 or seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which shall be via videoconference or telephone conference unless the parties agree otherwise.

v. Dispositive Motions.

Subject to the applicable NAM rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute.

vi. Batching.

To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM (or another arbitration provider selected in accordance with Section 20.2(e)(i) if NAM is unavailable) against Backbone within reasonably close temporal proximity (“Mass Filing”), the parties agree (A) to administer the Mass Filing in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (B) to designate one arbitrator for each batch; (C) to accept applicable fees, including any related fee reduction determined by NAM (or another arbitration provider selected in accordance with 20.2(e)(i) if NAM is unavailable) in its discretion; (D) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 100 is filed, processed, and adjudicated; (E) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by Backbone and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (F) that the staged process of batched proceedings, with each set including 100 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved. If your demand for arbitration is included in the Mass Filing, any statute of limitation applicable to your claims will remain tolled until your demand for arbitration is decided, withdrawn, or settled.

Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection, and shall be subject to any rights to strike an arbitrator provided under applicable state law if the rights granted by law exceed those provided for in the NAM rules, and the arbitrator will determine the location where the proceedings will be conducted.

You agree to cooperate in good faith with Backbone and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. For example, if the number of cases filed makes batches of 100 cases too small for the prompt resolution of all filed claims, you and we agree that NAM may increase or decrease the batch size, or transfer a case between batches in the reasoned discretion of the NAM procedural arbitrator. Any and all disagreements between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a NAM procedural arbitrator.

This “Batch Arbitration” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind.

vii. Mediation Following First Batch in a Mass Filing.

The results of the first completely adjudicated batch of demands will be given to a NAM mediator selected from a group of 5 mediators proposed by NAM, with Backbone and the remaining claimants’ counsel being able to strike one mediator each and then rank the remaining mediators and the highest collectively ranked mediator being selected. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. After the results are provided to the mediator, Backbone, the remaining claimants and their counsel, and the mediator will have 90 days (the “Mediation Period”) to agree on a resolution or substantive methodology for resolving the outstanding demands. If the parties are unable to resolve the outstanding demands during the Mediation Period, and cannot agree on a methodology for resolving them through further arbitrations, either Backbone or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in a court of competent jurisdiction. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither Backbone nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.

viii. No Class or Consolidated Arbitration Absent Written Consent.

Unless Backbone otherwise consents in writing, which it may do on a case-by-case basis, Backbone does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in Section 20.2(c), Section 20.2(e)(vi) and this Section 20.2(e)(viii).

ix. Arbitration Award.

The arbitrator will render an award within the time frame specified in the applicable NAM rules and procedures. 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 having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with the procedures set forth in this Arbitration Agreement, and also must be consistent with the terms of the “Limitation of Liability” section of these Terms of Use as to the types and the amounts of damages or other relief for which a party may be held liable. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Attorneys’ fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration.

20.3 Exceptions to Arbitration.

Notwithstanding the parties’ agreement to resolve all disputes through binding arbitration as set forth in Section 20.2:

a. IP Disputes.

Either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret, shall be exclusively brought in the state and federal courts located in Clark County, Washington State.

b. Small Claims Court and Statutes of Limitation.

Either party may elect to have disputes or claims resolved in a small claims court regardless of what forum the filing party initially chose, provided the disputes or claims are within the scope of that court’s jurisdiction.

Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be in fact be brought in small claims court. Seeking such relief shall not waive a party’s right to arbitration under this agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed (and any applicable statute of limitations tolled) pending the outcome of such action.

c. Jurisdiction/Service of Process.

For any dispute not subject to arbitration under this Section 20, you and Backbone agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Clark County, Washington State. You further agree to accept service of process by U.S. or certified mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.

20.4 30-Day Right to Opt Out.

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice, signed by you, of your decision to opt-out to the following address: legal@playbackbone.com. The notice must be sent within 30 days of July 31, 2024 or your first use of the Services, whichever is later; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of Section 20.2. If you opt-out of the arbitration provisions, Backbone also will not be bound by them.

If you opt out of the Arbitration Agreement, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If Backbone changes this “Dispute Resolution” section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you agree that your continued use of the Services 30 days after such change will be deemed acceptance of those changes. If you do not agree to such change, you may opt out of the Arbitration Agreement by providing notice as described in Section 20.4.

Backbone will continue to honor any valid opt outs if you opted out of arbitration in a prior version of the Terms pursuant to the requirements set forth in that version. If you do not timely opt out of this Arbitration Agreement, such action shall constitute mutual acceptance of the terms of these “Dispute Resolution” provisions by you and Backbone.

20.5 Changes to this Section.

Backbone will provide 30 days’ notice of the date of any material changes to this Section 20. Changes will become effective on the 30th day and apply to all claims not yet filed, regardless of when such claims may have accrued. If Backbone changes this Section 20 after the date you first accepted this Arbitration Agreement (or accepted any subsequent changes to this Arbitration Agreement), you agree that your continued use of the Services 30 days after such change will be deemed acceptance of those changes.

20.6 Class Action Waiver. To the extent a dispute between you and Backbone is not subject to arbitration in accordance with Section 20, you may only resolve your dispute with Backbone on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, collective, consolidated, or representative action. To the extent a dispute between you and Backbone is subject to arbitration, the terms set forth in Section 20 shall apply, including those regarding class arbitration, private attorney general arbitration, arbitration involving joint or consolidated claims, and batching.
General Terms. a) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Backbone and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Backbone and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Backbone's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. Backbone may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns. b) Notices. Any notices or other communications provided by Backbone under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. c) Waiver of Rights. Backbone's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Backbone. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. Headings are for convenience only and are not to be considered in construing or interpreting these Terms. The terms “include,” “includes,” and “including,” whether or not capitalized, mean “include, but are not limited to,” “includes, but is not limited to,” and “including, but not limited to,” respectively and are to be construed as inclusive, not exclusive. If any provision of these Terms is held to be illegal, invalid or unenforceable, this shall not affect any other provisions and these Terms shall be deemed amended to the extent necessary to make it legal, valid and enforceable.
Contact Information. If you have any questions about these Terms or our Products or Services, please contact us via backbone.com/support or

Backbone Labs, Inc.
1815 NW 169th Pl Suite 4020
Beaverton, OR 97006

Last updated: November 22nd, 2022

Backbone Promotional Offer Terms and Conditions

These terms and conditions (these “Terms”) apply to “free gift with purchase” promotions and other promotional offers (e.g., discounts, coupons, etc.) that reference these terms and are made available by Backbone Labs, Inc. (“Backbone”, “we”, “us”, etc.) from time to time (each, a “Promotion”), whether through Backbone-branded websites, Backbone-branded software applications (each, an “App”), a third-party retail partner, or otherwise. These Terms are incorporated into, and form part of, the Backbone Terms and Conditions, currently located at backbone.com/terms (the “General Terms”). By participating in the Promotion, you agree to be bound by and comply with the General Terms, in addition to the following terms and conditions, and any terms and conditions presented in the advertising, promotional, point-of-sale or other descriptive material for the Promotion (collectively, “Advertising Material”). To the extent of any conflict amongst any of the foregoing, the following order of precedence will apply: (1) the Advertising Materials; (2) these Terms; and (3) the General Terms.

The Promotion cannot be combined with other offers or discounts, unless otherwise stated in the Advertising Material.
The Promotion will only be available for a limited time. Please note any start and end dates/times for the Promotion specified in the Advertising Material. The Promotion will not apply to any purchase made prior to such specified start date/time or after such specified end date/time, and there will be no pricing or other adjustments (e.g., discounts, refunds, credits, etc.) provided with respect to any such purchase made prior to such start date/time or after such end date/time.
If the Promotion involves a free gift (e.g., gift card, device accessory, etc.) (each, a “Free Gift”), discount, coupon or other promotional item made available in connection with a qualifying purchase, you must purchase the product, service and/or the applicable quantities thereof, or meet the minimum spend amount, that, in each case, is identified in the Advertising Material, in order to qualify for the Free Gift, discount, coupon or other promotional item.
Each Free Gift is subject to availability and is non-transferable.
The Free Gift cannot be substituted for any other item, cash or credit, provided that Backbone reserves the right to substitute the Free Gift with a gift of equal or greater value.
You may only return an order or item which qualified for the Free Gift if you also return the Free Gift, subject at all times to the return policy of the applicable retail partner, as applicable.
If the Free Gift is a digital gift card to an app store (e.g., Apple App Store) or other service, then (a) such gift card may be redeemed only through the App, and (b) the redemption thereof is subject to any additional terms and conditions promulgated by the operator of such app store or other service.
In the event of any dispute relating to the Promotion or the fulfilment thereof, Backbone’s decision will be final in all respects.
Backbone reserves the right to amend these Terms at any time. The amended Terms will be published on this page.
Information collected from participants by Backbone in connection with the Promotion is subject to Backbone’s Privacy Policy.
You agree to comply with all applicable laws and regulations in connection with your participation in the Promotion.
We reserve the right in our sole discretion to disqualify from further participation in the Promotion any individual we have reason to believe is tampering with the operation of the Promotion, or to be acting in any manner deemed by us to be in violation of these Terms, relevant laws and/or regulations and/or third party rights.
We are not responsible for the failure of any third parties involved in the Promotion to fulfil any obligations relating thereto.
We reserve the right to suspend, cancel, or amend the Promotion with or without prior notice.
THE PROMOTION (INCLUDING THE FREE GIFT, IF ANY) IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
For the avoidance of doubt, the provisions of the General Terms relating to indemnification, termination, limitations on liability, governing law and forum choice, and dispute resolution shall also apply to the Promotion and your participation therein.

📝 Terms and Conditions

Backbone Promotional Offer Terms and Conditions

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