RAT RACE's User Agreement

Acceptance of User Agreement

1. By registering for and/or using RAT RACE in any manner, including but not limited to visiting or browsing RAT RACE, you agree to this User Agreement and all other operating rules, policies and procedures that may be published from time to time on RAT RACE by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
2. Certain RAT RACE features may be subject to additional terms and conditions specified by us from time to time; your use of such features is subject to those additional terms and conditions, which are incorporated into this User Agreement by this reference.

Class Action Waiver

PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES AS A MEMBER OF A CLASS. You agree that you will not sue BuzzFeed, Inc. and any of its affiliates and/or business divisions as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class action lawsuit against BuzzFeed. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff.

Eligibility

If you are below the age of consent under applicable law in the country in which you reside, then your parent or legal guardian must read and accept the terms and conditions of this User Agreement in your name and on your behalf. In the U.S., you must be at least 16 years of age to use RAT RACE. By using RAT RACE, you represent and warrant that you are at least 16 years of age. If you are under age 16, you may not, under any circumstances or for any reason, use RAT RACE. RAT RACE is not targeted to nor meant for anyone under 16 years of age. If you become aware of anyone using RAT RACE who is under the age of 16, please report this to: support@buzzfeed.com. We do not knowingly collect information from anyone under the age of 16. We may, in our sole discretion, refuse to offer RAT RACE to any person or entity for any reason. We may also change this eligibility criteria at any time, in our sole discretion. You are solely responsible for ensuring that your use of RAT RACE is in compliance with all laws, rules and regulations applicable to you. If you are a minor, you may wish to consult your parents about what portions of RAT RACE are appropriate for you. Further, RAT RACE is offered only for your personal use, and not for any commercial use or for the use or benefit of any third party.

Health Disclaimer

RAT RACE is a productivity and wellness tool that helps you meet your physical activity goals by:

• Monitoring step count data from supported devices or operating system health services;
• Allowing users to establish daily or recurring step goals;
• Temporarily restricting access to user-selected applications until those goals are achieved; and
• Providing related statistics, reminders, and motivational features.

RAT RACE is intended solely as a behavioral and productivity aid and is not a medical device or a healthcare service. RAT RACE does not provide medical advice, diagnosis, or treatment. BuzzFeed makes no representations that using RAT RACE will improve your health, fitness, weight, or medical condition. Always consult qualified healthcare professionals regarding medical concerns.

YOU SHOULD DISCONTINUE USE OF RAT RACE IF PHYSICAL ACTIVITY BECOMES UNSAFE OR INAPPROPRIATE FOR YOUR HEALTH.

Emergency Disclaimer

RAT RACE is not intended to interfere with emergency communications or access to emergency services. Users should never configure RAT RACE in a manner that could delay obtaining emergency assistance.

Registration

You may create an account on RAT RACE (an "Account") or log in using your Apple or Google login information. To use certain portions of RAT RACE, you are not required to sign up for an Account. However, certain features of RAT RACE require you to register for an Account. When you register for an Account, you must provide accurate and complete information and keep your Account information updated. You shall not: (i) choose a username that is the name of another person, with the intent to impersonate that person; (ii) choose a username that is subject to any rights of a person other than you without appropriate authorization; or (iii) choose a username that is otherwise offensive, vulgar or obscene. You are solely responsible for all of the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person's user account or registration information for RAT RACE without their permission. You must notify us immediately of any change in your eligibility to use RAT RACE, breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. When using RAT RACE, certain features require your authorization to access:

• Motion and fitness activity;
• Step count information;
• Health platforms such as Apple HealthKit or Android Health Connect, where available;
• Notifications;
• Accessibility or device administration permissions required to temporarily restrict selected applications; and
• Other permissions necessary to provide requested features.

You may revoke permissions at any time through your device settings, although doing so may prevent portions of RAT RACE from functioning. You may control the amount of information that is accessible to us by adjusting your Apple or Google account privacy settings. By using RAT RACE, you are authorizing us to collect, store, retain, and use, any and all information that you permitted Apple or Google to provide to us in accordance with our Privacy Policy.

App Restriction Features

RAT RACE allows you to voluntarily select mobile applications that may be temporarily restricted until you reach your activity goal.

You acknowledge and agree that:

• You are solely responsible for selecting restricted mobile applications.
• Neither RAT RACE nor BuzzFeed selects or recommends which mobile applications should be restricted.
• Restrictions may not function on every device, operating system version, or manufacturer implementation.
• Emergency communications, operating system functions, and other protected device features may remain available regardless of your settings.
• Temporary failures, operating system updates, or manufacturer limitations may affect the effectiveness of app restrictions.
• BuzzFeed does not guarantee uninterrupted enforcement of restrictions.

Accuracy of Step Data

Step counts are obtained from your device. BuzzFeed does not guarantee that recorded step counts are complete, accurate, continuous, or free from delays. Factors including device hardware, operating system behavior, battery-saving modes, wearable synchronization, and third-party platform limitations may affect accuracy. You agree that inaccuracies or synchronization delays do not constitute a breach of this User Agreement.

Content

For purposes of this User Agreement, the term "Content" includes, without limitation, any information, data, text, photographs and other images, videos, audio clips, written posts, articles, comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through RAT RACE. For the purposes of this Agreement, "Content" also includes all User Content (as defined below). All Content added, created, uploaded, submitted, distributed, or posted to RAT RACE by you or other users (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent to us that all User Content provided by you is yours and/or you have lawful permission or all rights necessary to submit, use, or display User Content. You acknowledge that all Content, including User Content, accessed by you using RAT RACE is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting from your actions. We do not guarantee that any Content you access on or through RAT RACE is or will continue to be accurate or available. Intellectual Property Rights. RAT RACE may contain Content specifically provided by us, our partners or our users, and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You shall abide by all copyright or other legal notices, information, and restrictions contained in any Content accessed through RAT RACE ("Protected Content"). The trademarks, logos, trade names, trade dress, and service marks, whether registered or unregistered (collectively the "Trademarks") displayed on RAT RACE are Trademarks of BuzzFeed and its third party partners. Nothing contained on RAT RACE shall be construed as granting by implication or otherwise, any license or right to use any Protected Content or Trademarks displayed on RAT RACE without the written permission of BuzzFeed or such third party that may own the Protected Content or Trademarks. Except as expressly granted in this User Agreement, we reserve all right, title, and interest in and to RAT RACE, including all copyrights, trademarks, service marks, trade names, logos, trade dress, patents, trade secrets, and other intellectual property rights. You retain ownership of your own User Content. Any unauthorized commercial use of the Content or Trademarks will violate the intellectual property rights of BuzzFeed and/or third parties associated with BuzzFeed and will be subject to BuzzFeed's and/or those third party's full legal rights and remedies. Use License to and from Us. Subject to this User Agreement, we grant each user of RAT RACE a worldwide, non-exclusive, revocable, non-sublicensable and non-transferable license to view, print, download, and display Content, to the extent we hold such rights, solely for your personal use of RAT RACE. Use, reproduction, modification, distribution or storage of any Content for any other purpose is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial purpose or in any way that violates any third party rights. By submitting User Content through RAT RACE, you grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable, license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with RAT RACE and our (and our successors' and assigns') businesses, including without limitation for promoting and redistributing part or all of RAT RACE (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), including after your termination of your Account. For the sake of clarity, the foregoing license grant includes our right to distribute, display, perform and otherwise use the User Content in connection with material provided by our advertisers and other business partners, and you shall not be entitled to any remuneration for such use. To the extent any User Content you submit includes any personal information, including your name, likeness, or photograph, you acknowledge and agree that this license shall apply to the same. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. Availability of Content. We do not guarantee that any Content will be made available on RAT RACE or that Content will be available uninterrupted or error-free. We reserve the right to, but do not have any obligation to, (i) monitor, remove, edit, modify or otherwise manipulate any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated this User Agreement), or for no reason at all and (ii) to remove or block any Content from RAT RACE.

Rules of Conduct

As a condition of use, you promise not to use RAT RACE for any purpose that is prohibited by this User Agreement. You are responsible for all of your activity in connection with RAT RACE. You shall not (and shall not permit any third party to) take any action that:

• is unlawful or is otherwise inappropriate as determined by us in our sole discretion;
• attempts to bypass any security measures;
• contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
• introduces malware or malicious code;
• interfere or attempt to interfere with the proper working of RAT RACE or any activities conducted on RAT RACE;
• misrepresents your identity;
• bypasses or circumvents mobile app restrictions through unauthorized technical means where such conduct violates applicable law or platform policies;
• imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers') infrastructure;
• runs any form of auto-responder or "spam" on RAT RACE;
• deciphers, decompiles, disassembles, reverse engineers, or otherwise attempts to derive any source code or underlying ideas or algorithms of any part of RAT RACE; or
• otherwise is in violation of our guidelines and policies.

We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce this User Agreement, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of us, our users and the public.

Third Party Services

RAT RACE may permit you to link to other products, software, hardware, networks, and services by third parties ("Third-Party Services"). These Third-Party Services may include, without limitation:

• Mobile operating systems, including Apple iOS and Google Android;
• Mobile application marketplaces, including the Apple App Store and Google Play;
• Health and fitness platforms, including Apple HealthKit and Google Health Connect;
• Wearable devices and fitness trackers;
• Cloud hosting, storage, authentication, and notification providers;
• Analytics, crash reporting, customer support, and fraud prevention services; and
• Other third-party applications or services that you choose to connect to or authorize for use with RAT RACE.

When you access Third-Party Services, you do so at your own risk. Your use of any Third-Party Service is governed solely by the applicable third party's terms of service, privacy policy, and other agreements. This Agreement governs only your relationship with the Company. BuzzFeed is not a party to, and assumes no responsibility for, agreements between you and any third-party provider. For the avoidance of doubt, Third-Party Services are not under our control, and you acknowledge that we are not responsible or liable for the conduct, content, functions, accuracy, legality, appropriateness, or any other aspect of such services or resources. To provide certain features, RAT RACE may request authorization to access Third-Party Services on your behalf, including health data, motion activity, wearable device data, notifications, authentication services, or other information you authorize. Certain functionality requires accessibility permissions or equivalent operating-system authorization. By granting such authorization, you represent that you have the authority to permit the requested access. You may revoke these permissions at any time through your device settings or the applicable Third-Party Service. Revoking permissions may disable some or all functionality of the Services. If you believe that any linked services or resources violate applicable law or may be inappropriate, please notify us. We will review and may, in our sole discretion, remove the link from RAT RACE. The inclusion of any such link does not imply any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such Third-Party Services.

Additional Terms May Apply

Depending on the Content or features included in RAT RACE, additional terms may apply ("Additional Terms"). Additional Terms may also apply for promotions, sweepstakes, contest, giveaways, or similar programs. If this User Agreement is inconsistent with any Additional Terms, the Additional Terms will control.

Warranty Disclaimer

We have no special relationship with or fiduciary duty to you. RAT RACE IS PROVIDED "AS IS", "AS AVAILABLE," AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, OUR AFFILIATES, AND OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, CONTRACTORS, AND CONTENT PROVIDERS (COLLECTIVELY, THE "BUZZFEED ENTITIES") DO NOT REPRESENT OR WARRANT THAT: (I) RAT RACE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING RAT RACE WILL MEET YOUR REQUIREMENTS. YOUR USE OF RAT RACE IS SOLELY AT YOUR OWN RISK. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Indemnification. You shall defend, indemnify, and hold harmless the BuzzFeed Entities from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to: (i) your use or misuse of, or access to, RAT RACE, Content, Trademarks, or otherwise from your User Content; (ii) any violation of this User Agreement, or any infringement by you of any intellectual property or other right of any person or entity; or (iii) any third party using your Account or identity in RAT RACE. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses. Limitation of Liability. IN NO EVENT SHALL THE BUZZFEED ENTITIES BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO RAT RACE: (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING); (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $500.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Miscellaneous

Our Communications to You. We may communicate with you electronically, including by posting notices on RAT RACE or by responding to your emails. You agree that all agreements, notices, disclosures or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Feedback and Unsolicited Material. Any feedback, comments, or suggestions you may provide regarding RAT RACE is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any compensation or obligation to you. Termination. We may terminate your access to all or any part of RAT RACE at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Account. If you wish to terminate your Account, you may do so by following the instructions on RAT RACE. All provisions of this User Agreement which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Entire Agreement and Severability. This User Agreement is the entire agreement between you and us with respect to RAT RACE, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to RAT RACE. If any provision of this User Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this User Agreement will otherwise remain in full force and effect and enforceable. Import and Export Jurisdiction. Content and software from RAT RACE may be subject to U.S. export jurisdiction and the import jurisdiction of other countries. In connection with your use of RAT RACE, you are solely responsible for complying with all applicable export, re-export, and import control laws and regulations of all applicable jurisdictions, including, but not limited to, those of the U.S. Department of Commerce, Export Administration Regulations, 15 CFR Parts 730-774, the International Traffic in Arms Regulations, country-specific economic sanctions programs implemented by the Office of Foreign Assets Control and export and import control laws and regulations of any other countries. You may not, directly or indirectly, use, distribute, transfer or transmit content or software from RAT RACE, whether by way of a direct product or of such materials or products, software, or other technical information into which content or software from RAT RACE has been incorporated, except in compliance with all applicable export and import laws and regulations of all relevant jurisdictions. Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. Assignment. This User Agreement is personal to you, and is not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent. Agency. No agency, partnership, joint venture, or employment relationship is created as a result of this User Agreement and neither party has any authority of any kind to bind the other in any respect. Notices. Unless otherwise specified in this User Agreement, all notices under this User Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to info@buzzfeed.com. No Waiver. Our failure to enforce any part of this User Agreement shall not constitute a waiver of our right to later enforce that or any other part of this User Agreement. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with this User Agreement to be binding, we must provide you with written notice of such waiver through one of our authorized representatives. Governing Law and Jurisdiction. This User Agreement shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law principles. You agree that any dispute arising from or relating to the subject matter of this User Agreement shall be governed by the exclusive jurisdiction and venue of the state and federal courts of New York County, New York, except where the jurisdiction and venue are mandated by applicable law. Modification. We reserve the right, in our sole discretion, to modify or replace any part of this User Agreement, or change, suspend, or discontinue RAT RACE (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on RAT RACE or by sending you notice through RAT RACE, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of RAT RACE without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check this User Agreement periodically for changes. Your continued use of RAT RACE following notification of any changes to this User Agreement constitutes acceptance of those changes. Headings. The section and paragraph headings in this User Agreement are for convenience only and shall not affect their interpretation. Contact and Company details. BuzzFeed, Inc. is a Delaware corporation with its headquarters at 50 West 23rd Street, 6th Floor, New York, NY 10010. You may contact us at the following address: 50 West 23rd Street, 6th Floor, New York, NY 10010, or at the following email address: support@buzzfeed.com.