Breakthru Terms of Use

Effective March 14, 2022

Please read the following information carefully. These Terms of Use (these “Terms”) govern you access to and use of all Breakthru Immersive, Inc. (referred to as “Breakthru,” “we,” “us,” “our”) websites, our application (our “App”) as well as services offered therein (collectively, the “Service”). This is a binding agreement. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICE AND YOU MUST PROMPTLY CEASE USING IT. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS.

If you are using the Service on behalf of your employer or another entity, you represent and warrant that you have full legal authority to bind your employer or such other entity to these Terms. If you do not have such authority then you may not use the Service on behalf of your employer or such other entity and you must discontinue all use of the Service immediately.

You must be at least 13 years of age to use the Service.

By agreeing to these Terms, you expressly agree to the arbitration of all Disputes as further described below. Any controversy, allegation, or claim that arises out of or relates to the Service, these Terms or any additional terms, whether heretofore or hereafter arising (collectively, a “Dispute”), except for any controversy, allegation or claim that arises out of or relates to our actual or alleged intellectual property rights (an “Excluded Dispute”), shall be finally resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator or arbitral panel may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration provisions will remain in force.

1. Your Access to the Service

1. Internet Access. When using the Service on your mobile, laptop, desktop or other device (your “Device”), you acknowledge and agree that you are responsible for (i) maintaining Internet access for your Device through a Wi-Fi or LTE data communication network and (ii) any Internet connection and telecommunications fees and charges that you incur.
2. Your Device. Breakthru is not responsible for the operation of your Device. You are responsible for ensuring the system functions of your Device are in working order when accessing the Service, including, but not limited to screen display operation features of your Device.
3. No Guarantee. Access to the Service may be suspended temporarily and without notice (i) in the event of system failure, (ii) for maintenance or repair, (iii) where we reasonably suspect there has been a breach of these Terms, (iv) for reasons reasonably beyond our control, or (v) as otherwise explained in these Terms.
4. Account Holders. You agree to maintain accurate, complete, and up-to-date information in your account. Your failure to maintain accurate, complete, and up-to-date account information, may result in your inability to fully access or use our services.

2. Permitted Use and Restrictions

1. License Grant. Subject to the terms and conditions of these Terms, Breakthru hereby grants you a limited, non-exclusive, personal, non-transferrable, non-sublicensable, non-assignable license to access and use the Service (including updates and upgrades that replace or supplement it in any respect and which are not distributed with a separate license, and any documentation) solely for your personal use on a Device that you own or control. We reserve all other rights, which are not granted in these Terms.
2. Use Restrictions. You may not access or use the Service in any way that is not expressly permitted by these Terms. You may not: (i) cause, permit or authorize the modification, copy, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Service; (ii) sell, assign, rent, lease, or grant rights in the Service, including, without limitation, through sublicense, to any other person or entity; or (iii) use the Service for any unlawful, prohibited, abnormal or unusual activity as determined by Breakthru in its sole discretion.
3. Investigations. We may, but are not obligated to, monitor or review our Service at any time. If we become aware of any possible violations by you of these Terms, we reserve the right to investigate such violations, and we may, at our sole discretion, immediately terminate your license to use the Service pursuant to Section 13 (Termination) below.
4. Violation of these Terms. You must not use (or permit a third-party to use) the Service: (i) in any unlawful manner, for any unlawful purpose, or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Service or any operating system used by the Service; (ii) in a way that could damage, disable, overburden, impair or compromise our systems or security, or interfere with other users; (iii) to collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service; (iv) via use of a robot, spider, or other automated device to monitor or copy the Service or any information provided by the Service; (v) to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms; or (vi) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam). You acknowledge and agree that you are solely responsible, and Breakthru has no responsibility or liability to you or any other person or entity for, any breach by you of these Terms or for the consequences of any such breach.

3. Schools

1. If you are a teacher or other employee of an educational institution, organization, or other educational business (a “School”), and are acting on behalf of the School, you represent and warrant that you: (i) have authority to consent to our collection and use of personal information from your students; (ii) obtained any required parental consent, including verifiable parental consent under the Children’s Online Privacy Protection Act, for a student under 13 to use the App; (iii) not received any revocation of parental consent; and (iv) filed evidence of parental consent with your School administrator before using the App. By enrolling a student or helping the student use the Service, you, on behalf of your School, represent and warrant that you are acting as the student’s parent’s or legal guardian’s agent and consent to the collection and processing of student information.
2. With regard to school-based activities, COPPA allows teachers and school administrators to act in the stead of parents to provide consent for the collection of personal information from children. Schools should always notify parents about these activities. For more information on parental rights with respect to a child’s educational record under the Family Educational Rights and Privacy Act (“FERPA”), please visit the FERPA site.

4. Subscriptions

1. Breakthru provides immersive wellbeing experiences for the workday that are powered by spatial computing, artificial intelligence and body movements. Breakthru provides two-minute immersive microbreaks (“Breaks”) through the App to remind users to harness small restorative movements each day to boost mood, productivity, and wellbeing.
2. You may enroll in a subscription to the App for individual use or for use on behalf of your employer or another entity (in which case, your subscription will include a number of “seats” or licenses to use of the App for multiple users) (a “Subscription Plan”). If you enroll in a Subscription Plan, you will be charged the subscription fee, plus any applicable taxes and other charges (the “Subscription Fee”) at the beginning of the Subscription Plan and each subscription period (e.g., monthly or annually, as specified when the Subscription Plan is purchased) thereafter. Your subscription will continue and automatically renew each month until terminated.
3. Subscription Fees are received by one or more authorized third-party payment processors (e.g., Stripe, Microsoft) (each, a “Payment Processor”). You may be required to create a payment account with one or more of the Payment Processors and you agree to provide true, accurate, current, and complete information as required by any Payment Processor form and maintain and update such information to keep it true, accurate, current, and complete. You may also be required to enter into one or more agreements with the Payment Processor(s). Breakthru is not a party to any Payment Processor agreement and will not be liable or responsible for the payment services provided by any Payment Processor.
4. To enroll in a subscription, you must provide a Payment Processor with a current, valid, accepted method of payment (“Payment Method”). You authorize us, through a Payment Processor, to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available for payment. You remain responsible for any uncollected amounts. If a payment is not successfully settled—for example due to expiration of a credit card, insufficient funds, or otherwise—we may suspend the Subscription Plan until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as transaction fees, foreign exchange fees, or other fees relating to the processing of your Payment Method. Check with your Payment method service provider for details.
5. You must cancel your Subscription Plan before it renews in order to avoid billing of the Subscription Fee for the next billing cycle. You can cancel your Subscription Plan at any time. To cancel, please process for cancelling subscription online or contact us at the contact information at the bottom of these Terms.
6. We reserve the right to change the Subscription Plan or adjust pricing for the Subscription Plan or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your Subscription Plan will take effect following notice to you.
7. There will be no refunds or credits for partial months of the Subscriptpion.
8. Breakthru may, in its sole discretion, offer a Subscription Plan with a free trial. In Breakthru’s discretion, you may not be required to provide a Payment Method for a free trial Subscription Plan. At any time and without notice, Breakthru reserves the right to (i) modify the terms and conditions of free trial subscription offers or (ii) cancel such free trial subscription offers.

5. Privacy

1. These Terms also incorporate the terms of our Privacy Policy (as updated from time-to-time), which is available at https://breakthru.me/privacy. Our Privacy Policy explains how your personal information will be collected and used as well as other information regarding your privacy (such as how you can adjust your privacy settings). By agreeing to these Terms, you are also agreeing to the Privacy Policy and you consent to (i) the processing of your personal information as explained in the Privacy Policy and (ii) the collection of information from your device as explained in the Privacy Policy.

6. Submissions

1. We welcome feedback from our users and appreciate your comments regarding our Service.  However, our company policy does not permit us to accept or consider ideas, suggestions, proposals, or materials (“Submissions”) that we have not specifically requested. This policy is intended to help us and our customers avoid future misunderstandings when new products or services developed internally by our employees might be similar or even identical to a customer’s idea.
2. If, despite our request that you not send us your ideas, you still submit them, then regardless of any conditions you may have attempted to place on your Submission, the following terms shall apply to your Submission: you acknowledge and agree that: (i) such Submissions will be considered non-confidential and non-proprietary; (ii) we have the right (subject to our Privacy Policy), without limit in time and without payment to you, to use, copy, distribute, adapt, and disclose it via the Service or otherwise to third parties for any purpose, in any way, and in any media worldwide now known or later discovered, including, without limitation, the right to create derivative works, make improvements, perform (including through digital performance), and transmit (including through digital transmissions) such Submissions, and the right to transfer or sublicense such rights; (iii) we may have something similar to the Submissions already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from us in connection with the Submissions under any circumstances.

7. Security

1. The App is available through Microsoft Teams. You agree that you are solely responsible for keeping your password and any other authentication information to Microsoft Teams confidential and agree to be responsible for all activities that occur under your account. We are not responsible for any losses or liability arising out of or in connection with any unauthorized use of the Service.

8. Intellectual Property Rights

1. Trademarks. The Breakthru name and logo are trademarks and service marks of Breakthru. You do not have the right to use any of our trademarks, service marks or logos, and your unauthorized use of any of these may be a violation of federal and state trademark laws.
2. Ownership. You acknowledge that all intellectual property rights in the Service, whether registered or unregistered, including but not limited to rights in graphics, logos, “look and feel,” trade dress, structure, organization, code, and all content in the Service and compilation thereof, anywhere in the world, belong to us or our licensors and are valuable trade secrets and confidential information of Breakthru, protected by intellectual property laws. You acknowledge and agree that Breakthru, and/or its licensors, owns all right, title and interest in and to the Service, including all intellectual property, industrial property and proprietary rights recognized anywhere in the world at any time and that the Service is protected by U.S. and international copyright laws. Further, you acknowledge that the Service may contain information that Breakthru has designated as confidential and you agree not to disclose such information without Breakthru’s prior written consent. Nothing posted on the Service grants a license to any Breakthru trademarks, copyrights, or other intellectual property rights, whether by implication, estoppel or otherwise. You should assume that everything you see or read on the Service is proprietary information protected by copyright or trademark unless otherwise noted and may not be used except with the written permission of Breakthru. When accessing the Service, you agree to obey the law and to respect the intellectual property rights of others.  Your use of the Service is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.

9. Third-Party Sites and Services

1. The Service may contain links to or allow you to share content directly with other third-party websites (“Third-Party Sites”). You acknowledge that we have no control over the Third-Party Sites and are not responsible for their contents and/or availability. We do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.
2. These links are provided to you for convenience only and do not constitute an endorsement or approval by us of the organizations that operate such websites, the content, or other material contained in the Third-Party Sites and we have no association with their operators. Your use of the Third-Party Sites will be governed by their terms and conditions and privacy policies (if any) (“Third-Party Terms”). It is your responsibility to read and comply with Third-Party Terms.

10. Notice for California Residents Pursuant to CA Civil Code Section 1789.3

1. Under California Civil Code Section 1789.3, California users of an electronic commercial service receive the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 916-445-1254 or 800-952-5210.

11. Indemnity

1. You agree to indemnify and hold us and our affiliates, and their respective business partners, licensees, licensors, officers, directors, employees and agents (the “Indemnified Parties”) harmless from and against any and all claims, demands, losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys' fees and costs), arising out of or in connection with: (a) your use of the Service; (b) your breach or violation of any of these Terms; or (c) your violation of the rights of any third party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. In such event, you shall provide the Indemnified Parties with such cooperation as is reasonably requested by the Indemnified Parties.

12. Warranty Disclaimer

1. WE PROVIDE THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE HAVE NO OBLIGATION TO CORRECT ANY BUGS, DEFECTS OR ERRORS IN THE SERVICE OR TO OTHERWISE SUPPORT, DEVELOP OR MAINTAIN THE SERVICE. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. We also make no promises or guarantees, whether express or implied, that the content included on the Service is accurate, complete or up to date.
2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS AND OTHER TERMS, WHICH MAY APPLY TO THE SERVICE WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD-PARTIES WITH RESPECT TO THE SERVICE AND ALL INFORMATION AND CONTENT INCLUDED ON THE SERVICE.
3. No information or advice obtained through the Service, or affirmation by us, by words or actions, shall constitute a warranty.
4. Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.

13. Limitation of Liability

1. IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, ANY BREACH OF SECURITY OR ANY DAMAGE TO YOUR DEVICE, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICE OR YOUR INABILITY TO ACCESS OR USE THE SERVICE) ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH THE USE OR THE PERFORMANCE OF THE SERVICE OR THESE TERMS, ARISING AND WHETHER FRAMED IN CONTRACT OR TORT, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF BREAKTHRU, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. Your sole remedy for dissatisfaction with the Service including, without limitation, content offered on the Service, is to stop using the Service. Such limitation shall also apply with respect to damages incurred by reason of services or products received through or advertised in connection with the Service or any links on the Service, as well as by reason of any information or advice received through or advertised in connection with the Service or any links on the Service. Such limitation shall also apply with respect to damages incurred by reason of any content posted by a third-party or conduct of a third-party on the Service.
3. In the event the foregoing exclusion of liability is determined, in whole or in part, to be invalid or unenforceable, then the Indemnified Parties’ liability arising in connection with the Service or under these Terms whether in contract, tort (including negligence) or otherwise, shall not exceed, under any circumstances One Hundred Dollars ($100). You agree that any claim or cause of action arising under these Terms or the performance or non-performance of the Service must be brought within one year after such claim or cause of action arises or be forever barred.
4. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, BREAKTHRU’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON BREAKTHRU’s CHOICE OF LAW PROVISION SET FORTH BELOW.
5. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

14. Termination

1. We may terminate these Terms and/or terminate your permission to use the Service immediately, without prior notice or liability, if you commit any breach of these Terms. Further, with respect to the Service, we may terminate these Terms, and/or your permission to use the Service immediately, without prior notice or liability; if (a) we discontinue the Service, or (b) we are prevented form providing the Service for any reason.
2. Furthermore, we reserve the right to change, edit, suspend, delete and/or cancel any part of the Service and/or your access to it at any time with or without notice to you: (i) if required by law, or (ii) due to an event beyond our control.
3. On termination of these Terms for any reason: (x) all rights granted to you under these Terms will cease immediately, (y) you must immediately cease all activities authorized by these Terms (including your use of the Service), and (z) you acknowledge that we may restrict your access to the Service. Sections 4, 7 and 10–17 will survive any termination or expiration of these Terms.

15. Communication Between Us

1. If you wish to contact us in writing, or if any condition in these Terms require you to give us notice in writing, you can send this to us as indicated in the Contact Information section at the bottom of these Terms. If we have to contact you or give you notice in writing, we may do so by email or using any other contact details you provide to us.

16. Governing Law and Jurisdiction

1. These Terms are governed by California law, without regard to conflict of laws principles. You and Breakthru agree that, except as otherwise provided below, the state and federal courts located in the County and City of Los Angeles, California will have exclusive jurisdiction of all disputes arising out of or related to these Terms or your use of the Service and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing Breakthru shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.

17. Dispute Resolution

1. User Concerns. Most user concerns can be resolved quickly and to the user’s satisfaction by contacting us at the contact details in the Contact Information section below.
2. Arbitration Procedures. In the event your concern cannot be resolved informally, you and Breakthru agree that, except as provided in Section (e) below, all Disputes, (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms. In the event of a conflict between the terms set forth in this Section (Dispute Resolution) and the JAMS Rules, the terms in this Section will control and prevail.

Except as otherwise set forth in Section (e) below, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Breakthru will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms, (i) you and Breakthru may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.

IN THE CASE OF ARBITRATION AND WHERE PERMITTED BY LAW, YOU ARE AGREEING TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. ARBITRATOR DECISIONS ARE ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT.

1. Location. The arbitration will take place in the County and City of Los Angeles, California, unless the parties agree to video, phone or internet connection appearances.
2. Limitations. You and Breakthru agree that any arbitration shall be limited to the Claim between Breakthru and you individually. YOU AND BREAKTHRU AGREE THAT (i) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (ii) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (iii) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
3. Exceptions to Arbitration. You and Breakthru agree that the following Claims are not subject to the above provisions concerning binding arbitration: (i) any Excluded Dispute; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
4. Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
5. Severability. You and Breakthru agree that if any portion of this Section is found illegal or unenforceable (except any portion of Section (e)), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section (e) is found to be illegal or unenforceable then neither you nor Breakthru will elect to arbitrate any Claim falling within that portion of Section (e) found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within the County and City of Los Angeles, California, United States of America, and you and Breakthru agree to submit to the personal jurisdiction of that court.

18. Other Important Terms

1. Assignment. The rights granted to you under these Terms may not be assigned without Breakthru’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.
2. Severability. If any part of these Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Terms shall be given full force and effect.
3. Attorneys’ Fees. The prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in any legal action relating to these Terms.
4. No Waiver. Our failure to enforce any provision of these Terms shall in no way be construed to be a waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by Breakthru of any provision, condition or requirement of these Terms shall not be understood as a waiver of your obligation to comply with the same provision, condition or requirement at a later time.
5. Equitable Remedies. You acknowledge and agree that Breakthru would be irreparably damaged if the terms of these Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any breach of these Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.
6. Entire Agreement. These Terms, including the documents referenced in these Terms, constitutes the entire agreement between you and Breakthru with respect to the Service and supersedes any and all prior agreements between you and Breakthru relating to the Service.
7. Transfer. We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or our obligations under these Terms.  

19. Changes to These Terms

1. We reserve the right, at our sole discretion, to amend these Terms at any time. As applicable, we will notify you of material changes to these Terms when you next access the Service (we may also email you about any material changes to these Terms). We reserve the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice.

20. Contact Information

1. If you have any questions or comments relating to the Service or these Terms, please contact us at support@breakthru.me.