Harvy Developers

TERMS

23 min read

Effective Date:* October 25, 2026
Last Updated: October 25, 2026

Welcome to the try tir ecosystem! tir labs (“Company,” “tir labs,” “we,” “us,” or “our”) provides access to our unified software-as-a-service (SaaS) applications, research platforms, data mining tools, analytics suites, intelligence feeds, news reporting systems, source code repositories, communities, and all related online and offline properties—whether physical or virtual, digital or earthly (collectively, the “Ecosystem” or “Services”).

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. These Terms of Service (“Terms” or “Agreement”) constitute a legally binding contract between you (whether as an individual or on behalf of an entity, “User” or “you”) and tir labs. By accessing, querying, connecting to, downloading from, or otherwise using any part of the Ecosystem, you agree to be bound by these Terms and our Privacy Policy (incorporated herein by reference). If you do not understand or do not agree to be bound by these Terms, you must immediately cease all access to and use of the Ecosystem.

ARBITRATION & CLASS ACTION WAIVER NOTICE: Section 15 of these Terms contains a mandatory binding arbitration agreement and class action waiver that requires you to resolve disputes with us on an individual basis (with specific bellwether staging rules for Mass Claims) rather than through jury trials or class actions, and limits the remedies available to you.

1. SCOPE OF THE TRY TIR ECOSYSTEM & ACCESS VECTORS

1.1 Unified Ecosystem Coverage

This Agreement governs your access to and use of all unified applications, software, data pipelines, intelligence feeds, source code, developer repositories, community forums, documentation, and physical or virtual assets operated by tir labs under the try tir brand or any affiliated properties.

1.2 Authorized Access Vectors

Depending on your account tier, subscription plan, or authorization level, you may interact with the Ecosystem through various technical interfaces and vectors, including without limitation:

  1. Graphical User Interfaces (GUIs) (web applications, dashboards, and mobile/desktop interfaces);
  2. Application Programming Interfaces (APIs) (RESTful and custom endpoints);
  3. Model Context Protocol (MCP) Connectors and AI agent tool-calling interfaces;
  4. Bulk Data Downloads and scheduled data exports/snapshots;
  5. RSS / Atom Feeds and syndicated intelligence streams;
  6. cURL Commands and direct HTTP/HTTPS requests;
  7. Command-Line Interfaces (CLIs) and terminal binaries;
  8. WebSockets, Server-Sent Events (SSE), and gRPC Streams for real-time bi-directional telemetry and intelligence streaming;
  9. Software Development Kits (SDKs), Client Libraries, and Package Registry Modules (e.g., npm, PyPI, Cargo, Go modules, Docker containers);
  10. Webhooks, Reverse-Callbacks, and Event-Driven Pub/Sub Pipelines;
  11. GraphQL Endpoints and Federated Query / SQL Interfaces; and
  12. Browser Extensions, Headless Browser Integrations, and IDE Plugins.

All interactions across every vector above are strictly subject to the rate limits, authentication protocols, quota restrictions, and behavioral rules set forth in these Terms.

2. ELIGIBILITY & ACCOUNT SECURITY

2.1 Eligibility

By accessing or using the Ecosystem, you represent and warrant that you are at least eighteen (18) years of age and have the full legal capacity and competence to enter into a binding contract under applicable law. If you are accessing the Ecosystem on behalf of a company, organization, or other legal entity, you represent and warrant that you have full authority to bind that entity to these Terms.

2.2 Account Credentials & API Keys

To access certain parts of the Ecosystem, you must register for an account and/or generate cryptographic tokens, API keys, MCP credentials, or SSH keys (“Access Credentials”). You are solely responsible for maintaining the strict confidentiality of your Access Credentials and for all activities, queries, compute consumption, and charges that occur under your account, whether or not authorized by you. You must notify us immediately at abuse@trytir.com or legal@trytir.com upon becoming aware of any unauthorized use or compromise of your Access Credentials.

3. SUBSCRIPTIONS, BILLING, AND RISK ASSESSMENT

3.1 Payment Processing via Stripe

Certain Services, API tiers, bulk downloads, and compute resources require payment of fees. All billing and payment transactions are processed through our third-party payment processor, Stripe, subject to Stripe’s terms and conditions. By providing a payment method, you authorize tir labs (via Stripe) to charge your designated payment method for all applicable subscription fees, usage overages, API call tiers, and applicable taxes.

3.2 Billing Verification & Risk Factor Scoring

For billing, fraud prevention, and platform integrity purposes, we collect your billing address, payment method details, and generate or obtain a proprietary or third-party Risk Factor Score. We reserve the right, in our sole discretion, to refuse, suspend, rate-limit, or terminate any transaction or account based on your Risk Factor Score or suspected fraudulent activity.

3.3 No Refunds

Except as expressly required by applicable law or stated in a separate written enterprise agreement signed by an authorized executive of tir labs, all fees and charges are non-refundable, and there are no refunds or credits for partially used subscription periods, unused API quotas, or downgraded tiers.

4. INTELLECTUAL PROPERTY & USER-GENERATED CONTENT LICENSE

4.1 Ownership of Platform & Proprietary Materials

Except for User-Generated Content (defined below), tir labs and its licensors exclusively own all right, title, and interest in and to the Ecosystem, including all software, source code, algorithms, UI/UX designs, databases, data schemas, analytics models, intelligence reports, news reporting, documentation, trademarks, service marks, logos (including the tir labs and try tir marks), and all derivative works thereof (collectively, “Company IP”).

Subject to your strict compliance with these Terms, tir labs grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Services solely in accordance with your authorized subscription tier and these Terms. Any goodwill generated through your use of Company IP shall inure exclusively to the benefit of tir labs, and you hereby assign all such goodwill to tir labs.

4.2 User-Generated Content (UGC) & Perpetual License

You retain whatever ownership rights you hold in the original content, posts, community contributions, code snippets, configurations, prompts, datasets, comments, or feedback that you submit, upload, post, or display on or through the Ecosystem, including within our communities and repositories (“User-Generated Content” or “UGC”).

However, by submitting, posting, uploading, or otherwise making available any User-Generated Content on or through any part of the Ecosystem, you hereby grant to tir labs a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, transferable, and sublicensable (through multiple tiers) license to use, copy, reproduce, process, adapt, modify, publish, transmit, translate, create derivative works from, publicly perform, publicly display, distribute, monetize, and otherwise exploit your User-Generated Content in any and all media, formats, or distribution channels (now known or hereafter developed) for any purpose—including operating, promoting, improving, and training models or analytics pipelines within the Ecosystem—without any compensation, attribution, or notice to you.

You irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each item of User-Generated Content that you may have under any applicable law under any legal theory.

4.3 Representations Regarding UGC

You represent and warrant that you own or have obtained all necessary rights, licenses, consents, and permissions required to grant the license in Section 4.2, and that your User-Generated Content does not violate any third-party intellectual property rights, privacy rights, export control laws, or confidentiality obligations.

5. EXTENSIVE ACCEPTABLE USE POLICY & PROHIBITED CONDUCT

To protect the try tir platform, brand, infrastructure, users, liability profile, and reputation, you agree that you will not (directly or indirectly, manually or via automated agents, scripts, or third parties) engage in any of the following prohibited activities:

5.1 Platform Integrity, Security & Infrastructure Rules

  • Unauthorized Scraping & Extraction: Using any unlisted or unauthorized robot, spider, scraper, crawler, headless browser, or automated extraction tool outside of our documented and authenticated API, MCP, CLI, or Bulk Download endpoints, or circumventing any Cloudflare protection, CAPTCHA, rate limit, or access control mechanism.
  • Reverse Engineering & Source Code Exploitation: Attempting to decompile, disassemble, reverse-engineer, or otherwise reduce to human-perceivable form any proprietary source code, compiled binaries, underlying machine learning weights, risk-scoring algorithms, or non-open-source software of the Ecosystem.
  • Security Probing & Network Abuse: Probing, scanning, penetration testing, or testing the vulnerability of the Ecosystem or any associated Cloudflare or cloud network without express written authorization; injecting malware, viruses, worms, Trojan horses, logic bombs, or malicious payloads; or executing Denial of Service (DoS), Distributed Denial of Service (DDoS), or resource-exhaustion attacks.
  • Header & Identity Spoofing: Forging, modifying, or falsifying TCP/IP packet headers, HTTP headers, cURL user-agents, MCP metadata, IP addresses, or cryptographic signatures to disguise the origin of any request or evade rate-limiting, billing, or abuse detection.
  • Sybil Attacks & Multi-Accounting: Creating multiple accounts, rotating API keys, or orchestrating proxy networks to bypass free-tier limits, rate limits, billing thresholds, Risk Factor Scores, or account suspensions.
  • Ad-Blocking & Monetization Interference: Modifying, obscuring, blocking, or interfering with the display or telemetry of advertisements served via Google AdSense or our advertising partners on ad-supported tiers of the Ecosystem, or engaging in click fraud or artificial impression inflation.

5.2 Competitive, Commercial & AI Training Restrictions

  • Unauthorized Reselling & Sublicensing: Selling, reselling, leasing, licensing, sublicensing, redistributing, syndicating, or operating a service bureau using data, intelligence feeds, or access obtained from the Ecosystem without a signed commercial partnership or enterprise agreement with tir labs (contact partnerships@trytir.com).
  • Competitive Benchmarking & Model Distillation: Using the Ecosystem, its APIs, MCP connectors, bulk downloads, or intelligence outputs to build, train, fine-tune, distill, or benchmark a competing SaaS product, data mining platform, intelligence service, or foundation model without prior written consent.

5.3 Legal, Regulatory & FCRA Compliance Prohibitions

  • FCRA Prohibited Uses (No Consumer Reports): tir labs is NOT a “Consumer Reporting Agency” (CRA) as defined by the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (“FCRA”), and no data, analytics, intelligence, or output from the Ecosystem constitutes a “Consumer Report.” You are strictly prohibited from using any information obtained from the Ecosystem in whole or in part as a factor in determining a person’s eligibility for:
    1. Personal credit, loans, or insurance;
    2. Employment, hiring, promotion, reassignment, or retention (including evaluating volunteers or independent contractors);
    3. Tenant screening, housing, or residential leasing;
    4. Educational admission, scholarships, or fellowships;
    5. Government licenses or benefits; or
    6. Any other purpose governed by the FCRA or analogous state statutes.
  • Regulated Data Combinations: Combining Ecosystem outputs with personal data governed by the Health Insurance Portability and Accountability Act (HIPAA), the Gramm-Leach-Bliley Act (GLBA), the Driver’s Privacy Protection Act (DPPA), or the Children’s Online Privacy Protection Act (COPPA) in violation of applicable law.
  • Automated Outreach Violations: Using any data or contact intelligence derived from the Ecosystem to send unsolicited bulk communications or automated calls/texts in violation of the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, or state telemarketing laws.
  • Export Controls & Sanctions: Accessing or using the Ecosystem in violation of U.S. export control and economic sanctions laws (including OFAC regulations and the Export Administration Regulations), or from any embargoed jurisdiction.

5.4 Harm, Harassment, Brand Safety & Content Rules

  • Harassment, Doxxing & Stalking: Using the Ecosystem to stalk, dox, swat, threaten, intimidate, defame, blackmail, extort, or cause physical, financial, or emotional harm to any individual or group.
  • Minors & Vulnerable Populations: Using the Ecosystem to collect, mine, or target personal information concerning any individual under the age of eighteen (18), or posting/transmitting any Child Sexual Abuse Material (CSAM) or Child Sexual Exploitation and Abuse (CSAE) content (which will be immediately reported to NCMEC and federal law enforcement).
  • Public Figures & Sensitive Targeting: Using the Ecosystem to unlawfully target, harass, or compromise the physical security of government officials, judicial officers, law enforcement personnel, election candidates, or public figures.
  • Impersonation & Brand Dilution: Impersonating any tir labs employee, moderator, or representative, or falsely implying that tir labs endorses, sponsors, or verifies your independent research, reports, or products.

Any violation of this Section 5 may result in immediate, unannounced termination of your account and API/MCP access, forfeiture of any prepaid fees, reporting to law enforcement, and civil or criminal legal action. Report any suspected violations to abuse@trytir.com.

6. DATA ACCURACY, INTELLIGENCE & RESEARCH DISCLAIMERS

6.1 Unverified & Aggregated Data

The Ecosystem provides software tools for research, data mining, analytics, intelligence aggregation, and news reporting. Data and outputs made available through the Ecosystem are compiled from diverse public, proprietary, automated, and third-party sources. Such data may contain transcription errors, latency delays, algorithmic hallucinations, incomplete records, or inaccuracies. tir labs does not verify, audit, or guarantee the accuracy, completeness, currentness, or legitimacy of any dataset, intelligence feed, analytics output, or news report.

6.2 No Professional Advice

Nothing in the Ecosystem constitutes legal, financial, investment, tax, medical, cybersecurity, or private investigative advice. You are solely responsible for independently verifying any output or intelligence before relying upon it or taking any commercial, operational, or legal action.

7. THIRD-PARTY SERVICES, LINKS & ECOSYSTEM PARTNERS

The Ecosystem integrates with and may contain links or connectors to third-party services, websites, repositories, and infrastructure providers (including Cloudflare, Stripe, Google AdSense, LiveRamp, and external data sources) (“Third-Party Services”). tir labs does not control or endorse Third-Party Services and disclaims all liability arising from your use of or reliance on them. Your interactions with Third-Party Services are governed by their respective terms and privacy policies.

8. DMCA & COPYRIGHT POLICY

tir labs respects intellectual property rights and complies with the Digital Millennium Copyright Act (“DMCA”). If you believe that any User-Generated Content or material on the Ecosystem infringes your copyright, please send a written takedown notice complying with 17 U.S.C. § 512(c)(3) to our Designated Copyright Agent:

DMCA Agent – Legal Department
tir labs
2 Route 37 W STE F #1084
Toms River, NJ 08753, United States
Email: legal@trytir.com

9. MODIFICATIONS TO THE ECOSYSTEM AND TERMS

9.1 Ecosystem Changes

We reserve the right, in our sole discretion, to modify, deprecate, rate-limit, suspend, or discontinue any part of the Ecosystem—including specific APIs, MCP connectors, CLI versions, schemas, or features—at any time, with or without notice, and without liability to you.

9.2 Amendments to Terms

We may revise these Terms from time to time. When we make changes, we will update the “Last Updated” date at the top of these Terms and post the revised version within the Ecosystem. Changes become effective immediately upon posting (except as otherwise provided in Section 15.12 regarding the Arbitration Agreement). Your continued use of any part of the Ecosystem following the posting of revised Terms constitutes your binding acceptance of the changes.

10. TERMINATION

We may suspend, revoke, or terminate your license, Access Credentials, account, or access to any part of the Ecosystem immediately and without prior notice if we determine, in our sole discretion, that you have breached these Terms, pose a security or legal risk to the Ecosystem, have an elevated Risk Factor Score, or engage in conduct harmful to tir labs, our brand, or other users. Upon termination, your right to use the Ecosystem immediately ceases. Sections 4, 5, 6, 11, 12, 13, 14, 15, and 16 shall survive any termination or expiration of these Terms.

11. DISCLAIMER OF WARRANTIES

THE TRY TIR ECOSYSTEM, ALL SOFTWARE, APIS, MCP CONNECTORS, CLIS, SOURCE CODE, COMMUNITIES, DATA PIPELINES, INTELLIGENCE FEEDS, ANALYTICS, AND PROPRIETARY MATERIALS ARE PROVIDED ON AN “AS-IS,” “WHERE-IS,” AND “AS-AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TIR LABS AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SUPPLIERS (COLLECTIVELY, THE “COMPANY PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND DATA ACCURACY. NO COMPANY PARTY WARRANTS THAT THE ECOSYSTEM WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR HARMFUL CODE, OR THAT ANY DEFECTS WILL BE CORRECTED.

12. ASSUMPTION OF RISK & LIMITATION OF LIABILITY

12.1 Assumption of Risk

You knowingly and freely assume all risk when accessing or executing code, queries, or downloads within the Ecosystem. You are solely responsible for backing up your systems and data, and for any damage to your hardware, software, cloud environments, or networks resulting from your use of the Ecosystem.

12.2 Exclusion of Consequential Damages

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TIR LABS OR ANY OF THE COMPANY PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, REPUTATIONAL HARM, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE ECOSYSTEM, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.3 Cap on Monetary Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE AGGREGATE, COLLECTIVE LIABILITY OF TIR LABS AND THE COMPANY PARTIES TO YOU OR ANY THIRD PARTY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE ECOSYSTEM EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO TIR LABS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

The limitations in this Section 12 represent a fundamental allocation of risk and form an essential basis of the bargain between you and tir labs. Some jurisdictions (including New Jersey under certain statutory standards) do not allow the exclusion of certain warranties or the limitation of liability for intentional misconduct, gross negligence, or certain statutory violations; accordingly, the exclusions and limitations above shall apply to the fullest extent enforceable under applicable law.

13. INDEMNIFICATION

You (the “Indemnitor”) agree to defend, indemnify, and hold harmless tir labs and the Company Parties (collectively, the “Indemnitees”) from and against any and all claims, actions, demands, investigations, regulatory inquiries, liabilities, damages, losses, fines, penalties, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees, expert fees, and litigation costs) arising out of or relating to:

  1. Your access to or use of the Ecosystem (including via any GUI, API, MCP, CLI, SDK, or automated vector);
  2. Your breach or alleged breach of any provision, representation, or warranty in these Terms (including Section 5);
  3. Your User-Generated Content or any data, queries, or scripts you upload or transmit to the Ecosystem;
  4. Your violation of any applicable federal, state, local, or international law or regulation (including without limitation the FCRA, TCPA, CAN-SPAM, CFAA, or privacy laws); or
  5. Your infringement or misappropriation of any third party’s intellectual property, privacy, or proprietary rights.

tir labs reserves the right, at your expense, to assume the sole and exclusive defense and control of any matter for which you are required to indemnify us (including choice of legal counsel), and you agree to cooperate fully with our defense of such claims. You may not settle any claim without the prior written consent of tir labs.

14. GOVERNING LAW AND VENUE

These Terms and any dispute, claim, or controversy arising out of or relating to these Terms or the Ecosystem shall be governed by and construed in accordance with the laws of the State of New Jersey and applicable federal laws of the United States (including the Federal Arbitration Act), without regard to conflict of law principles.

Subject to and without waiving the mandatory arbitration provisions in Section 15, for any judicial action permitted under these Terms (such as actions to compel arbitration, enforce an arbitral award, seek provisional equitable relief, or litigate claims found non-arbitrable), you and tir labs irrevocably submit to the exclusive personal jurisdiction and venue of the state courts located in Ocean County, New Jersey, or the United States District Court for the District of New Jersey, and waive any objection based on forum non conveniens or lack of personal jurisdiction.

15. LEGAL DISPUTES, BINDING ARBITRATION & MASS CLAIMS PROTOCOL

PLEASE READ THIS SECTION CAREFULLY. IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

15.1 Agreement to Arbitrate

Except for small claims court actions (where qualifying) and actions seeking provisional equitable relief to protect Company IP or enforce Section 5, you and tir labs agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms, the Privacy Policy, your account, or your use of any part of the Ecosystem (“Claim”) shall be resolved exclusively through final and binding individual arbitration (or, for qualifying Mass Claims, the staged bellwether and Group Arbitration protocol below), rather than in court before a judge or jury. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) (“FAA”) governs the interpretation and enforcement of this Section 15.

15.2 Mandatory Pre-Filing Notice & 60-Day Meet-and-Confer

Before initiating any arbitration or court proceeding, the claiming party (“Claimant”) must send a personally signed, written notice of the dispute (“Claim Notice”) to the other party. If you are the Claimant, you must send the Claim Notice via certified U.S. Mail or commercial courier to:

Legal Department – Notice of Dispute
tir labs
2 Route 37 W STE F #1084
Toms River, NJ 08753, United States
(With an electronic copy emailed to legal@trytir.com)

The Claim Notice must include: (a) your full name, mailing address, email address, phone number, and account username/API identifier; (b) a detailed factual description of the Claim; (c) the specific legal basis and calculation of damages/relief sought; (d) a manual wet-ink signature by you personally (and your counsel, if represented); and (e) if represented by counsel, a certification as to whether counsel represents or is coordinating with 25 or more individuals asserting similar claims (“Mass Claims”).

Following receipt of a complete Claim Notice, the parties shall have a 60-day Pre-Filing Period to investigate and attempt to resolve the Claim in good faith. Upon either party’s request during this period, you and a representative of tir labs must personally participate in an individualized telephonic or videoconference settlement conference (“Meet-and-Confer”) (counsel may also attend). Applicable statutes of limitations shall be tolled during the 60-day Pre-Filing Period until the Meet-and-Confer is completed. No arbitration may be filed until these Pre-Filing Requirements are fully satisfied; a court of competent jurisdiction may enjoin any filing made in violation of this section and award tir labs its costs and reasonable attorneys’ fees incurred in enforcing these Pre-Filing Requirements.

15.3 Arbitration Forum & Rules

If the Claim is not resolved during the Pre-Filing Period, arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (or Commercial Arbitration Rules if you are a business entity), as modified by this Section 15. The arbitrator (“Neutral”) must be an attorney with at least 10 years of experience or a retired judge. For Claims under $10,000, the arbitration shall be conducted solely on the basis of written submissions or a virtual/telephonic hearing, unless the Neutral determines an in-person hearing in Ocean County, New Jersey (or your county of residence, if required by AAA Consumer Rules) is strictly necessary.

15.4 Class Action, Representative & Jury Trial Waiver

YOU AND TIR LABS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS REPRESENTATIVE, CLASS MEMBER, OR PRIVATE ATTORNEY GENERAL IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless both parties agree in writing, no Neutral may consolidate more than one person’s Claims or award non-individualized relief.

15.5 Settlement Offer Fee-Shifting

At any time after a Claim Notice is served, either party may make a written settlement offer. If the offer is rejected and the Neutral’s final award is no more favorable to the rejecting party than the written offer, the rejecting party must bear its own post-offer legal and arbitration costs and reimburse the offering party for all reasonable post-offer arbitration fees and costs incurred (to the extent permitted by law and capped at the award amount).

15.6 Administration of Mass Claims (Bellwether & Group Protocol)

If 25 or more claimants submit Claim Notices or seek to file arbitrations raising similar Claims and are represented by the same or coordinating counsel (“Mass Claims”):

  1. Staged Bellwethers: No Mass Claim may be filed until 210 days after the first complete Claim Notice is received (or until all Pre-Filing Periods expire). Thereafter, counsel for each side shall select up to ten (10) claims (20 total) to proceed as individual bellwether arbitrations (“Initial Arbitrations”), while all remaining Mass Claims are held in abeyance (with statutes of limitations tolled).
  2. Global Mediation: Within 60 days after the conclusion of the Initial Arbitrations, the parties shall engage in a single global mediation of all remaining Mass Claims before a mutually selected mediator (with tir labs paying the mediator’s base fee).
  3. Group Arbitration / Alternative Administration: If mediation does not resolve the remaining Mass Claims within 30 days, either party may elect to group the remaining claims into batches for staged group determination or elect to have independent neutrals administer the remaining claims outside of AAA if AAA’s mass filing fees would impose an undue financial burden.

15.7 30-Day Opt-Out for Future Arbitration Changes

If tir labs makes any future material change to this Section 15 (other than updating our Notice Address), you may reject that specific change by sending a personally signed written notice via U.S. Mail to our Toms River, NJ address within thirty (30) days of the effective date of the change, in which case the prior version of Section 15 shall continue to govern.

16. ELECTRONIC COMMUNICATIONS & NOTICES

By registering an account, providing your email or phone number, or using the Ecosystem, you consent to receive electronic communications from tir labs (including operational alerts, security notices, billing receipts, and marketing updates). You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. You may opt out of promotional emails at any time via the unsubscribe link or by emailing privacy@trytir.com.

All formal legal notices to tir labs must be sent in writing to:

  • General Legal & Notices: legal@trytir.com
  • Privacy & Data Requests: privacy@trytir.com
  • Commercial Partnerships & Licensing: partnerships@trytir.com
  • Security & Platform Abuse: abuse@trytir.com
  • Physical Mailing Address: tir labs, 2 Route 37 W STE F #1084, Toms River, NJ 08753, United States

17. MISCELLANEOUS PROVISIONS

  • Entire Agreement: These Terms, together with the Privacy Policy and any applicable enterprise order form or API tier addendum, constitute the entire agreement between you and tir labs regarding the Ecosystem and supersede all prior agreements.
  • Severability: If any provision of these Terms is held invalid, void, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable (or severed if modification is impossible), and the remaining provisions shall remain in full force and effect.
  • No Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of future enforcement of that right or provision.
  • Assignment: You may not assign, delegate, or transfer these Terms or any rights hereunder without our prior written consent. tir labs may freely assign or transfer these Terms without restriction (including in connection with a merger, acquisition, corporate reorganization, or sale of assets).
  • Independent Contractors: Nothing in these Terms creates an agency, partnership, joint venture, or employment relationship between you and tir labs.
  • Injunctive Relief: You acknowledge that any breach of Section 4 (Intellectual Property) or Section 5 (Acceptable Use) would cause irreparable and immediate harm to tir labs for which monetary damages would be inadequate, entitling tir labs to seek immediate injunctive or equitable relief without the necessity of posting a bond.

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