Terms of Service

1.Defined Terms

“Acceptable Use Policy” means Barium’s Acceptable Use Policy, dated as of October 1, 2026, as made available within the Application and as may be updated and/or amended from time to time after the date hereof.

“Apple” means Apple Inc.

“App Store” means the digital storefront operated by Apple through which the Application is distributed.

“Application” means the Barium communications application published by Barium for iPhone, iPad and Mac, including its extensions, its Apple Watch companion application, its CarPlay interface and the actions it makes available to Siri and the Shortcuts application.

“Barium,” “we” or “us” shall mean Barium Labs, LLC, a Texas limited liability company.

“Homeserver” means a server implementing the Matrix Protocol that hosts or administers a Matrix user account and which may process, store, synchronize or transmit account information, room information, messages, files, encryption-related information and other data associated with the Matrix Protocol.

“Independent Services” means, collectively: (i) a User’s own Third-Party Homeserver or a Third-Party Homeserver being provided to a User by another provider; (ii) other Third-Party Homeservers reached through federation via the Matrix Protocol; (iii) Third-Party Telecommunications Services; (iv) APNs, if applicable; (v) bots, bridges and integrations that a User elects to use and (vi) any and all websites or other services linked from Matrix messages or otherwise implemented by a User within the Application.

“Matrix Protocol” or “Matrix” means the decentralized communications ecosystem based on the Matrix open standard and protocol, including homeservers, federated servers, clients, bridges, identity services, calling infrastructure and other interoperable services used to transmit, store, route, synchronize or otherwise facilitate communications through the ecosystem.

“Open-Source Licenses” means the licenses relating to certain open-source components of the Application, as made available within the Application and as may be updated and/or supplemented from time to time after the date hereof.

“Privacy Policy” means Barium’s Privacy Policy, dated as of October 1, 2026, as made available within the Application and as may be updated and/or amended from time to time after the date hereof.

“Push Gateway” means the notification relay described in the Privacy Policy.

“Terms” means these Terms of Service.

“Third-Party Homeserver” means any Homeserver that is not owned, operated or controlled by Barium. Barium does not own, operate or control any Homeservers; all references to a “Homeserver” in these Terms are a reference to a Third-Party Homeserver.

“Third-Party Telecommunications Services” means any voice, video, TURN, LiveKit or other calling or telecommunications services.

“User,” “you” or “your” means a user of the Application.

2.Acceptance; Eligibility

By downloading, installing or using the Application, you accept these Terms and agree to comply with them. If you do not agree to these Terms, you must not use the Application.

The Application is not directed at children. You must be at least seventeen (17) years of age to use the Application. Your Third-Party Homeserver, Third-Party Telecommunications Services or other Independent Services may impose stricter age requirements. Applicable law may also impose varying age requirements. It is your responsibility to comply with all age requirements imposed by such operators or governmental authorities.

3.Commercial Use

A User may use the Application for personal communications and for ordinary communications with coworkers and others, including communications about the User’s work. Deploying the Application across an organization, such as by distributing, provisioning, configuring or managing the Application for an organization’s employees or other personnel, including through a device management system (“Enterprise Use”), requires a separate enterprise license from Barium.

Except as permitted in this Section 3, you may not use the Application for any commercial purpose without Barium’s prior written authorization. Prohibited commercial uses include, but are not limited to, selling, reselling, sublicensing, distributing, hosting, offering, incorporating, bundling or otherwise making the Application available as part of any commercial product or service, whether internal or external, or using the Application to provide services to third parties for compensation. Barium may grant or withhold authorization for Enterprise Use or other commercial use of the Application, including any enterprise license, in its sole discretion and may condition such authorization on additional terms or fees. For inquiries relating to Enterprise Use or other commercial use of the Application, please contact us at [email protected]. If your device is managed by an organization, that organization may configure or restrict features of the Application through its device management system.

4.Other Documents That Apply to You

The following documents also apply to your use of the Application and are incorporated into these Terms by reference:

• (a)the Privacy Policy, which describes what information the Application and Barium receives or does not receive from you;
• (b)the Acceptable Use Policy, which sets out what you may and may not do with the Application;
• (c)the Open-Source Licenses, which govern your interactions with certain open-source components contained within the Application to the extent of any conflict with these Terms;
• (d)Apple’s terms and conditions, including the Apple Media Services Terms and Conditions, when you obtain the Application through the App Store; and
• (e)those terms and conditions which relate to the Independent Services which you choose to configure and use within the Application.

For the avoidance of doubt, those documents referenced in clause (e) above are solely between you and the applicable operators and service providers. Barium is not a party to such documents and does not have any responsibility for such terms and conditions.

5.Independent Services

The Application is client software. Barium does not operate a Homeserver or any other back-end service with respect to the Matrix Protocol other than the Push Gateway. Barium cannot create, suspend, restore, delete or modify any Matrix account, messages or other files, cannot reset or modify your credentials, encryption keys or message history, and cannot moderate, remove or preserve content. Anything requiring control of an account, a server or anything contained therein or thereon must be directed to, and performed by, the operator of the applicable Independent Services.

Nothing in these Terms transfers to Barium any responsibility, obligation or liability of any kind of any operator or provider of any Independent Service. Nothing in these Terms shall make Barium a provider of telecommunications, hosting or storage services.

6.License; Restrictions

Subject to these Terms, Barium grants you a personal, limited, non-exclusive, non-transferable, revocable license to install and use the Application on Apple-branded devices that you own or control, as permitted by the App Store usage rules.

You may not, except to the extent applicable law or an applicable Open-Source License expressly permits: (i) copy, modify, adapt or create derivative works of the Application; (ii) distribute, sell, rent, lease, sublicense or otherwise transfer the Application to anyone else; (iii) reverse engineer, decompile or disassemble the Application; (iv) remove or alter any proprietary notices in the Application or (v) use Barium’s name, logo or trademarks without the express written permission of Barium, which may be withheld in Barium’s sole and absolute discretion.

Without limiting the foregoing, the Application includes open-source components which are governed by the Open-Source Licenses. Nothing in these Terms limits the rights that the Open-Source Licenses grant you with respect to those components, and nothing in the Open-Source Licenses shall expand or modify your rights to the Application as a whole.

7.Credentials; Recovery Information

You are solely responsible for keeping your device, sign-in credentials, encryption keys and recovery key safe, and for everything that is done with the foregoing. Barium has no ability to reset or recover any of the foregoing.

IF YOU LOSE YOUR RECOVERY KEY AND YOUR OTHER SIGNED-IN DEVICES, YOUR ENCRYPTED MESSAGE HISTORY CANNOT BE RECOVERED BY ANYBODY, INCLUDING BARIUM AND YOUR THIRD-PARTY HOMESERVER OPERATOR. THE APPLICATION ALLOWS YOU TO STORE YOUR RECOVERY KEY IN THE ICLOUD KEYCHAIN, WHICH COMES WITH ITS OWN SECURITY RISKS OUTSIDE OF THE APPLICATION AND BARIUM. THIS IS A PROPERTY OF END-TO-END ENCRYPTION, NOT A DEFECT IN THE MATRIX PROTOCOL, THE APPLICATION OR YOUR THIRD-PARTY HOMESERVER.

8.Acceptable Use

You may not use the Application to violate any applicable law or to harm, harass, threaten, stalk, defraud or impersonate any person. Without limiting the Acceptable Use Policy, you may not use the Application to:

• (a)send, share or store content that is illegal to possess or distribute in the applicable jurisdiction, including any sexual content involving minors, for which there is zero tolerance;
• (b)infringe any person’s intellectual property, privacy or other rights, including rights provided by applicable law;
• (c)distribute malware or other harmful code, interfere with or attack any component of the Matrix Protocol or any Homeserver, Independent Service or network, or attempt to gain unauthorized access to any system;
• (d)send bulk unsolicited messages; or
• (e)violate the terms or policies of any Homeserver or other Independent Service that you use.

Operators of Independent Services and room administrators enforce their own rules on their own infrastructure, up to and including removing you from rooms or suspending your account. Barium has no ability to do either, and has no obligation to intervene in disputes between users of Independent Services.

9.Your Content

You retain all rights in the content you create, send and receive. YOU DO NOT GRANT BARIUM ANY LICENSE TO USE YOUR CONTENT. Barium does not receive any of your content, and you are solely responsible for your content and for your compliance with applicable law in creating and sharing it via the Matrix Protocol. Content sent to you by other users is their own, not Barium’s.

BARIUM DOES NOT ENDORSE, VERIFY, MODERATE OR APPROVE ANY USER CONTENT. BECAUSE MESSAGES AND CALLS ARE END-TO-END ENCRYPTED, BARIUM IS NOT ABLE TO RECEIVE, REVIEW OR MODERATE ANY CONTENT AND IS NOT ABLE TO REVIEW OBJECTIONABLE CONTENT EVEN IN RESPONSE TO A REPORT.

10.Reporting; Blocking; Moderation

The Application provides tools that operate on your own devices. A User can block a person, which stops their messages from reaching your devices, and leave rooms, which similarly stops any new messages in that room from reaching your devices.

The Application also allows you to report a message or a room to the administrators of your own Third-Party Homeserver. A report is sent directly from your device to your Third-Party Homeserver and is never sent to Barium. A report of a message identifies the message and includes any reason you provide. Because messages in encrypted rooms cannot be read by your Third-Party Homeserver, message content is not included with reports. The applicable Third-Party Homeserver administrator can only act on the information you provide within the report. Other participants in the applicable room or conversation are not notified of any report made by the Application.

Whether and how a report is acted on is determined solely by the operator of the applicable Third-Party Homeserver or other Independent Service, who is the only person capable of acting on accounts and rooms within their service.

If you believe that any content distributed by Barium itself, the Application, its App Store product listing or its documentation infringes your rights, please contact us at [email protected].

11.Call Recording; Transcription

The Application includes optional features to record audio and video calls and to generate on-device transcripts of recordings. Recording and transcribing communications are regulated in several jurisdictions, including consent requirements that may vary by the location of the call participants. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THESE FEATURES AND FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING, WHERE APPLICABLE, OBTAINING ANY CONSENT REQUIRED BY CALL PARTICIPANTS. BARIUM DISCLAIMS ALL RESPONSIBILITY FOR YOUR USE OF RECORDING AND/OR TRANSCRIPTION FUNCTIONALITY.

12.Use While Driving

The Application’s CarPlay interface is designed to limit distraction, but no interface removes it. You are solely responsible for operating your vehicle safely and in accordance with applicable law, including any laws restricting the use of mobile devices while driving. Do not read, compose or otherwise interact with messages or calls when doing so would be unsafe or unlawful. BARIUM IS NOT RESPONSIBLE FOR ANY LOSS, DAMAGE, INJURY OR LIABILITY ARISING FROM YOUR USE OF THE APPLICATION WHILE OPERATING A VEHICLE.

13.Encryption; No Guarantee of Safety

The Application supports end-to-end encryption where available through the Matrix Protocol. The guarantees of encrypted communications depend on factors outside of the Application, including your device’s security, the other participants’ devices and clients, verification practices, your Third-Party Homeserver’s configuration and behavior, the configuration and behavior of any other Independent Services and your own handling of keys and credentials. The Application provides verification tools; whether and how you use them is up to the User.

NO SOFTWARE OR COMMUNICATIONS SYSTEM CAN GUARANTEE ABSOLUTE SECURITY, AND BARIUM DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT THE APPLICATION OR ANY COMMUNICATION SENT THROUGH IT IS SECURE, PRIVATE OR UNINTERCEPTABLE.

14.Independent Services; Disclaimer

Your use of Independent Services, including any Third-Party Homeserver, Third-Party Telecommunications Services, federated Homeservers, APNs and bots, bridges, integrations or websites, is solely between you and the applicable operator, and may be subject to separate terms. BARIUM DOES NOT OPERATE, CONTROL, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY INDEPENDENT SERVICE, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIMS ALL LIABILITY ARISING OUT OF OR RELATING IN ANY WAY TO ANY INDEPENDENT SERVICE, INCLUDING ITS AVAILABILITY, SECURITY, DATA HANDLING, CONTENT, ACTS, OMISSIONS OR DISCONTINUATION.

15.Updates; Availability; Discontinuation

Barium may update, change or discontinue the Application, or any feature of it, at any time. Updates may be required for continued use. Barium does not guarantee that the Application will always be available, uninterrupted, error-free or compatible with any particular device, operating system version, Homeserver or Independent Service, and has no obligation to provide ongoing maintenance or support.

16.Termination

These Terms shall remain in effect until terminated. Your license ends automatically if you materially breach these Terms. You may terminate at any time by deleting the Application. Upon termination, you must stop using the Application. Termination of these Terms does not affect your Matrix account, which belongs to you. Notwithstanding the foregoing, Sections 6 through 14 and Sections 17 through 27 shall survive any termination of these Terms.

17.DISCLAIMER OF WARRANTIES

THIS APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BARIUM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, AND IN SUCH CASES SOME OF THIS SECTION 17 MAY NOT APPLY TO YOU.

18.WAIVER OF CERTAIN DAMAGES; LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) BARIUM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY NATURE WHATSOEVER, OR FOR ANY LOSS OF DATA, LOSS OF COMMUNICATIONS, LOSS OF PROFITS OR LOSS OF GOOD WILL, IN EACH CASE, ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE APPLICATION, REGARDLESS OF WHETHER SUCH DAMAGES WERE REASONABLY FORESEEABLE AND REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED UPON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OPERATION OF LAW OR ANY OTHER LEGAL THEORY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BARIUM’S TOTAL AGGREGATE LIABILITY ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE APPLICATION SHALL NOT EXCEED THE GREATER OF: (I) THE AMOUNT YOU PAID FOR THE APPLICATION IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM AND (II) FIFTY U.S. DOLLARS ($50.00). NOTHING IN THESE TERMS SHALL EXCLUDE LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

19.Indemnification

YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS BARIUM AND ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ALL CLAIMS, DAMAGES, LIABILITIES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO: (I) YOUR USE OF THE APPLICATION; (II) YOUR CONTENT OR COMMUNICATIONS; (III) YOUR USE OF RECORDING OR TRANSCRIPTION FEATURES; (IV) YOUR VIOLATION OF THESE TERMS, THE PRIVACY POLICY, THE ACCEPTABLE USE POLICY OR APPLICABLE LAW; (V) YOUR VIOLATION OF ANY RIGHT OF A THIRD PARTY AND (VI) YOUR USE OF THE APPLICATION WHILE OPERATING A VEHICLE.

20.App Store Terms

• (a)Parties. These Terms are between you and Barium only. Barium, not Apple, is solely responsible for the Application and its content.
• (b)License Scope. Your license is limited to use on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the Application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
• (c)Maintenance; Support. Barium, not Apple, is responsible for any maintenance and support of the Application. Apple has no obligation whatsoever to furnish any maintenance or support services for the Application.
• (d)Warranty. In the event of any failure of the Application to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) of the Application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are Barium’s responsibility.
• (e)Product Claims. Barium, not Apple, is responsible for addressing any claims by you or any third party relating to the Application or your possession and use of it, including: (i) product liability claims; (ii) any claim that the Application fails to conform to an applicable legal or regulatory requirement and (iii) claims arising under consumer protection, privacy or similar legislation.
• (f)Intellectual Property Claims. In the event of any third-party claim that the Application or your possession and use of it infringes on that third party’s intellectual property rights, Barium, not Apple, is solely responsible for the investigation, defense, settlement and discharge of the claim.
• (g)Legal Compliance. You represent and warrant that: (i) you are not located in a country subject to a U.S. government embargo or designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.
• (h)Developer Contact. Questions, complaints and claims concerning the Application should be directed to Barium Labs, LLC, 5900 Balcones Drive, Suite 30414, Austin, TX 78731, [email protected].
• (i)Third-Party Terms. You must comply with applicable third-party terms of agreement when using the Application (for example, your wireless data service agreement).
• (j)Third-Party Beneficiary. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

21.Export Compliance

The Application includes encryption functionality and may be subject to U.S. export control and sanctions laws. You agree to comply with all applicable export and re-export restrictions, and not to use or transfer the Application in violation of them.

22.Purchases; Refunds

The Application is a paid application. Your purchase is transacted with Apple through the App Store pursuant to Apple’s terms. Barium does not process payments, does not receive your payment information and cannot issue refunds directly. Refund requests must be made to Apple through the mechanisms which Apple provides. Prices may change, but changes in prices do not affect a purchase which has already been made. You are responsible for any taxes on your purchase to the extent not collected by Apple.

23.Governing Law; Venue

These Terms, and any dispute arising out of or relating to them or the Application, shall be governed by, and construed in accordance with, the laws of the State of Texas, without regard to its conflict-of-laws rules; provided, however, that the Federal Arbitration Act shall govern Section 24 below. Any dispute not subject to arbitration under Section 24, and any proceeding to confirm, modify or vacate an arbitral award, shall be brought exclusively in the state or federal courts located in Travis County, Texas, and each party consents to personal jurisdiction and venue there. This Section 23 is subject to Section 25 for consumers whose local law provides otherwise.

24.Dispute Resolution; Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES DISPUTES TO BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION RATHER THAN BY A JUDGE OR JURY, AND IT WAIVES CLASS ACTIONS.

• (A)AGREEMENT TO ARBITRATE. YOU AND BARIUM AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE APPLICATION, INCLUDING ITS EXISTENCE, BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY, AND INCLUDING WHETHER A CLAIM IS SUBJECT TO ARBITRATION, SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS. THE ARBITRATOR, AND NOT ANY COURT, HAS EXCLUSIVE AUTHORITY TO RESOLVE DISPUTES ABOUT THE INTERPRETATION, APPLICABILITY OR ENFORCEABILITY OF THIS AGREEMENT TO ARBITRATE, EXCEPT THAT A COURT SHALL DECIDE THE ENFORCEABILITY OF THE CLASS WAIVER IN CLAUSE (E) BELOW.
• (B)EXCEPTIONS. EITHER PARTY MAY: (I) BRING AN INDIVIDUAL CLAIM IN SMALL CLAIMS COURT IF IT QUALIFIES THERE AND (II) SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN A COURT OF COMPETENT JURISDICTION TO PROTECT ITS INTELLECTUAL PROPERTY RIGHTS.
• (C)RULES; FORUM. THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS CONSUMER ARBITRATION RULES THEN IN EFFECT, AS MODIFIED BY THIS SECTION 24. THE ARBITRATION SHALL BE CONDUCTED ON THE BASIS OF DOCUMENTS, VIA VIDEO CONFERENCE OR IN PERSON. ANY IN-PERSON HEARING SHALL TAKE PLACE IN TRAVIS COUNTY, TEXAS, UNLESS THE AAA’S CONSUMER ARBITRATION RULES REQUIRE A LOCATION REASONABLY CONVENIENT TO YOU, IN WHICH CASE THOSE RULES SHALL CONTROL THE HEARING LOCALE WHILE THE SEAT REMAINS IN TRAVIS COUNTY, TEXAS. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.
• (D)FEES. PAYMENT OF FILING, ADMINISTRATION AND ARBITRATOR FEES IS GOVERNED BY THE AAA’S CONSUMER FEE SCHEDULE. EACH PARTY SHALL BEAR ITS OWN ATTORNEYS’ FEES AND COSTS EXCEPT WHERE APPLICABLE LAW PROVIDES OTHERWISE OR THE ARBITRATOR DETERMINES A CLAIM WAS FRIVOLOUS.
• (E)CLASS ACTION WAIVER. YOU AND BARIUM EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION. CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. IF THE CLASS ACTION WAIVER IN THIS CLAUSE (E) IS HELD TO BE UNENFORCEABLE AS TO A PARTICULAR CLAIM, THEN THIS ENTIRE SECTION 24 (OTHER THAN CLAUSE (B) AND THIS SENTENCE’S PRESERVATION OF THEM) SHALL NOT APPLY TO THAT CLAIM, WHICH SHALL PROCEED IN THE COURTS IDENTIFIED IN SECTION 23, AND NOT IN A CLASS OR REPRESENTATIVE ARBITRATION.
• (F)OPT-OUT. YOU MAY OPT OUT OF THIS SECTION 24 BY SENDING WRITTEN NOTICE TO [email protected] WITHIN THIRTY (30) DAYS AFTER FIRST ACCEPTING THESE TERMS, STATING YOUR NAME AND THAT YOU OPT OUT OF ARBITRATION. OPTING OUT DOES NOT AFFECT ANY OTHER PROVISION OF THESE TERMS.

25.Consumers in the EU, UK and Other Jurisdictions

If you are a consumer habitually resident in a jurisdiction whose law grants you mandatory protections that these Terms cannot lawfully alter, including the member states of the European Union, the European Economic Area and the United Kingdom, then, solely to the extent of such protections: (i) nothing in these Terms shall deprive you of those protections, including any non-excludable statutory rights concerning the conformity of digital content; (ii) you may bring proceedings, and may be sued, in the courts of your country of residence where its law so provides, and the venue requirements set forth in Section 23 shall not apply to you and (iii) Section 24 shall apply to you only to the extent it is enforceable under the laws of your country of residence, and does not apply where such laws do not permit mandatory pre-dispute arbitration of consumer claims.

26.Changes to These Terms

We may amend these Terms from time to time, including to reflect changes in the Application or in applicable law. The current version will be available in the Application, along with its date. If we materially change these Terms, we will provide notice as required by applicable law. Your continued use of the Application after changes to these Terms take effect shall constitute acceptance.

27.Miscellaneous

These Terms, together with the documents referenced in Section 4, constitute the entire agreement between you and Barium concerning the Application and supersede all prior or contemporaneous understandings regarding the subject matter hereof. If any provision of these Terms is held invalid, illegal or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, or, if incapable of being enforced, shall be deemed severed and the validity and enforceability of the remaining provisions of these Terms shall not in any way be affected or impaired. The severability of Section 24(e) is separately governed by the provisions of that section. A failure by either party to enforce any provision of these Terms is not a waiver of such provision, and no waiver shall be effective unless in a signed writing. You may not assign these Terms, and any purported assignment of these Terms by you shall be null and void. Nothing in these Terms creates any partnership, agency or employment relationship between you and Barium.

28.Contact

Barium Labs, LLC 5900 Balcones Drive Suite 30414 Austin, TX 78731 [email protected]