DataBud Terms and Conditions

1. Acceptance of Terms

By accessing the Services, you confirm that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. If you are using the Services on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.

2. About DataBud and the Service Arrangement

DataBud is a QR-based informational platform operated by Raindrop, LLC ("Raindrop," "we," "us"), doing business as DataBud. The Services help users record their self-reported experiences with cannabis products and view personalized, preference-based informational guidance derived from those reports and from publicly available product chemistry data (such as Certificates of Analysis).

In some jurisdictions, regulators require that QR codes printed on cannabis product packaging point to a domain controlled by the licensed cannabis operator. In those cases, the QR code may direct you first to a subdomain operated by the licensed operator (for example, databud.[licensee-domain].com), which automatically redirects you to the DataBud Services at databud.ai. This redirect is a routing step only; the Services you use after the redirect are operated by Raindrop, LLC and are governed by these Terms and the DataBud Privacy Policy and DataBud Consumer Health Data Privacy Policy. Your use of the licensed operator's subdomain is also governed by that operator's separate terms and privacy policy.

DataBud and Raindrop, LLC (and their affiliates) are not cannabis licensees and do not cultivate, manufacture, distribute, or sell cannabis or cannabis products. All purchases of cannabis products occur directly through licensed cannabis operators. Product listings, brand profiles, Certificates of Analysis, and other cannabis-related content appearing in the Services may be provided or approved by those licensed operators, who are solely responsible for the accuracy of that content and for compliance with applicable cannabis advertising and labeling laws (including, where relevant, Washington State Liquor and Cannabis Board rules under WAC 314-55-155). Each licensed operator agrees to indemnify Raindrop, LLC for any claim arising from the operator's content or the operator's failure to comply, as further set forth in the applicable license agreement between Raindrop, LLC and the operator.

3. Changes to These Terms

We may modify these Terms from time to time. When we do, we will update the "Last Updated" date above and post the revised Terms on the Services. Material changes will be communicated through the Services or by other reasonable means. Your continued use of the Services after the revised Terms are posted constitutes your acceptance of the changes. We will not apply material changes retroactively to your prior use.

4. Eligibility and Age Restriction

You must be of legal cannabis consumption age in your jurisdiction to access or use the Services, and in no event less than twenty-one (21) years of age in the United States. By using the Services you represent and warrant that you meet this age requirement. The Services include an age-verification gate; bypassing or falsifying that gate is a material breach of these Terms and may be a violation of applicable cannabis law.

The Services are not directed to and may not be used by minors or by anyone below the applicable legal age in their jurisdiction. We do not knowingly collect information from any person below that age. If we learn that we have collected information from such a person, we will delete it.

5. User Accounts

Some features of the Services may require you to create an account. When you create an account, you agree to:

• Provide accurate, current, and complete information;
• Maintain and update your account details as necessary;
• Keep your password and credentials confidential and secure; and
• Accept responsibility for all activities that occur under your account.

You must notify us immediately if you suspect unauthorized use of your account. We are not responsible for any loss or damage arising from your failure to safeguard your credentials.

6. Acceptable Use

You agree to use the Services only for lawful purposes and in compliance with these Terms. You will not:

• Violate any applicable laws or regulations, including cannabis laws of the jurisdiction in which you reside or use the Services;
• Use the Services if you are in a jurisdiction where cannabis or cannabis-related services are prohibited;
• Misuse the Services by attempting to hack, introduce viruses, or engage in fraudulent activity;
• Use automated systems (including bots or scrapers) to interact with the Services without our prior written permission;
• Reverse engineer, decompile, or attempt to extract the source code of any DataBud software; or
• Submit false, misleading, or fraudulent product feedback, including feedback intended to manipulate sweepstakes, promotions, or aggregate data.

If you are a licensed cannabis operator or other partner, use the Services to install tracking pixels, analytics tags, advertising tags, session-replay tools, or other third-party data-collection technologies on DataBud-hosted pages, or otherwise attempt to identify, profile, or retarget DataBud users for your own purposes outside the scope of your written agreement with Raindrop, LLC.

We may suspend or terminate your access to the Services at any time, with or without notice, for conduct that we reasonably believe violates these Terms or is otherwise harmful to other users, to us, or to third parties.

8. Consumer Health Data

Some information you provide to DataBud — including self-reported mind, body, and mood feedback related to cannabis product use, and any optional health-related information from connected wearables — may constitute "consumer health data" under the Washington My Health My Data Act (RCW Chapter 19.373) and similar laws in other states. We treat this information in accordance with our DataBud Consumer Health Data Privacy Policy, which is published separately and linked prominently on databud.ai.

By using the Services, you acknowledge that you have had the opportunity to review the DataBud Consumer Health Data Privacy Policy. We obtain your separate, opt-in consent before collecting consumer health data, as required by applicable law. Acceptance of these Terms alone does not constitute that consent.

9. Privacy Policy and Consumer Health Data Privacy Policy

Our collection, use, and sharing of personal information is described in our DataBud Privacy Policy and, for consumer health data, in our DataBud Consumer Health Data Privacy Policy. Both policies are incorporated into these Terms by reference. Please review them carefully.

10. Intellectual Property

All content, software, and materials available on the Services — including text, graphics, logos, interfaces, and software — are the property of Raindrop, LLC or its licensors and are protected by intellectual property laws. You may not copy, reproduce, distribute, modify, or create derivative works from any part of the Services without our express written permission.

You retain ownership of the content you submit to DataBud ("User Content"), including your product feedback. By submitting User Content, you grant Raindrop, LLC a worldwide, royalty-free, non-exclusive license to use, reproduce, and display that content as needed to operate, improve, and provide the Services, and to create de-identified, aggregated insights. We will not sell your User Content in a form that identifies you, except as described in (and where required, with the separate authorization required by) our DataBud Consumer Health Data Privacy Policy.

11. Third-Party Links and Integrations

The Services may contain links to third-party websites or integrate with third-party services (including, where you opt in, health and fitness platforms). These links and integrations are provided for your convenience. We do not endorse and are not responsible for the content, products, services, or practices of any third party. Your use of any third-party site or service is at your own risk and is subject to that party's terms and privacy policy.

Where the QR code on a cannabis product directs you first to a licensed operator's subdomain that redirects to DataBud, the licensed operator's site is a third-party site for purposes of this section.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RAINDROP, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING FROM OR RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. Nothing in these Terms limits liability that cannot be limited by applicable law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Raindrop, LLC, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, or liabilities (including reasonable attorneys' fees) arising out of: (a) your use or misuse of the Services; (b) your violation of these Terms; (c) your violation of any law or the rights of any third party; or (d) any User Content you submit.

14. Termination

We may terminate or suspend your access to the Services at any time, with or without notice, for any reason, including violation of these Terms. Upon termination, your right to use the Services will immediately cease. Sections that by their nature should survive termination — including intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution — will survive.

You may terminate your account at any time by contacting us at admin@databud.ai. Termination of your account does not by itself delete your data; to request deletion, see the rights described in our DataBud Privacy Policy and DataBud Consumer Health Data Privacy Policy.

15. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its conflict of law principles. Except as set forth in the carve-out below, any legal action or dispute arising from your use of the Services will be brought exclusively in the courts located in San Juan, Puerto Rico, and you consent to personal jurisdiction in those courts.

16. Dispute Resolution — Informal Resolution and Arbitration

Informal Resolution

Before filing a formal claim, you agree to first contact us at admin@databud.ai and attempt in good faith to resolve the dispute informally for at least sixty (60) days.

Binding Arbitration

If the dispute is not resolved informally, except as carved out below, all disputes arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will be conducted in San Juan, Puerto Rico, or at another location agreed by the parties or determined by the arbitrator. The arbitrator's decision will be final and enforceable in any court of competent jurisdiction.

Class Action Waiver

You and Raindrop, LLC each agree that disputes will be resolved on an individual basis only, and not as a class, collective, or representative action.

Carve-Out

The arbitration agreement and class action waiver do not apply to:

• Claims by Washington residents under the Washington My Health My Data Act or the Washington Consumer Protection Act, which may be brought in court;
• Claims that may be brought in small claims court; or
• Any claim that, as a matter of applicable law, may not be subject to mandatory arbitration.

Opt-Out

You may opt out of the arbitration agreement by sending written notice to admin@databud.ai within thirty (30) days of first accepting these Terms. The notice must include your name, the email used with the Services, and a clear statement that you opt out of arbitration. Opting out does not affect any other provision of these Terms.

17. Severability and No Waiver

If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will continue in full force. Our failure to enforce any provision is not a waiver of our right to enforce that provision later.

18. Entire Agreement

These Terms, together with the DataBud Privacy Policy and the DataBud Consumer Health Data Privacy Policy, constitute the entire agreement between you and Raindrop, LLC regarding the Services and supersede any prior agreements on the same subject.

19. Contact Information

If you have questions or concerns about these Terms or the Services, contact us at: