Mostest Terms

Last Updated: November 10, 2025

1. Acceptance of Terms; Modifications.

These Terms of Service (the "Terms") are a binding legal agreement between you and Mostest, Inc., a company incorporated under the laws of Delaware with a registered office at 1204 Broadway, 2nd Floor, New York, NY 10001 ("Mostest," "we," "us" and "our"). The Terms govern your use of our software applications, resources and services for event hosts and event planning professionals to find each other, communicate with each other, and arrange for the provision of event-related services, and any other services or products we may offer from time to time (collectively, our "Mostest Service"). The Terms govern all use of the Mostest Service, whether you access it from our website at https://www.joinmostest.com (including any subdomain or localized version) (the "Site"), our mobile applications and mobile websites, our online or phone support offerings, or any other access point we make available to you. Our Premium Concierge Terms, Cancellation Policy, and other Policies applicable to your use of the Mostest Service are incorporated by reference into these Terms of Service. BY AGREEING TO THESE TERMS DURING THE ACCOUNT SIGN-UP PROCESS OR ACCESSING OR USING THE MOSTEST SERVICE WITHOUT AN ACCOUNT, YOU ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT ACCEPT THEM, IN WHICH CASE YOU DO NOT HAVE THE RIGHT TO USE THE MOSTEST SERVICE.

You understand and agree that we may change the Terms from time to time, and that any such changes will be effective when we post the modified Terms on the Mostest Service, unless otherwise required by applicable law. Your continued access and use of the Mostest Service after we post the modified Terms will constitute your consent to be bound by the modified Terms.

2. Mostest Service.

2.1 Nature of the Mostest Service. The Mostest Service consists of a desktop web application, mobile applications, and other related tools, support and services that event hosts ("Event Hosts") and providers of event-related services including venues, vendors, and event planners ("Service Providers") can use to find, communicate with and interact with each other. The Mostest Service includes AI-powered event planning tools, vendor curation and booking services, Premium Concierge support, and other services. We charge fees for some aspects of the Mostest Service, as described below in Section 9.

2.2 Mostest does not provide Event-related services. Mostest is a neutral venue for Service Providers and Event Hosts. Mostest is not a Service Provider and, except for Premium Concierge support and other resources specifically described in the Mostest Service, does not provide event-related services. We make no representations or warranties about the quality of services provided by Service Providers ("Event-related services"), or about your interactions and dealings with users. Service Providers listed on Mostest are not under the direction or control of Mostest, and Service Providers determine in their own discretion how to provide Event-related services. Though we provide general guidance on our Site to Service Providers about quality standards and to Event Hosts about selecting and engaging Service Providers, Mostest does not employ, recommend or endorse Service Providers or Event Hosts, and, to the maximum extent permitted by applicable law, we will not be responsible or liable for the performance or conduct of Service Providers or Event Hosts, whether online or offline. We conduct an initial review of Service Provider profiles but, except where explicitly specified in the Mostest Service (and then only to the extent specified), do not perform ongoing screening of Service Providers or Event Hosts. You should exercise caution and use your independent judgment before engaging a Service Provider, providing Event-related services, or otherwise interacting with users via the Mostest Service.

2.3 Release. Subject to Section 16 below, Mostest has no liability for any claims, injuries, loss, harm and/or damages arising from and/or in any way related to your interactions or dealings with other users and the acts and/or omissions of Service Providers and Event Hosts, whether online or offline. You acknowledge and agree that, to the maximum extent permitted by the applicable law, YOUR USE AND/OR PROVISION OF EVENT-RELATED SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK.

2.4 Transactions are between Event Hosts and Service Providers. The Mostest Service may be used to find and offer Event-related services and to facilitate payment, but all transactions conducted via the Mostest Service are between Event Hosts and Service Providers. Except for the limited refunds specified in Section 9.6, you agree that Mostest has no liability for damages associated with Event-related services or resulting from any other transactions between users of the Mostest Service.

2.5 Bookings. Event Hosts and Service Providers transact with each other on the Mostest Service when they both agree to a "booking" that specifies the fees, time period, cancellation policy, and other terms for provision of Event-related services via the booking mechanism provided on the Mostest Service (a "Booking"). A Booking may be initiated by either a Service Provider or an Event Host by selecting the type(s) of Event-related services to be provided and then following the prompts that appear on-screen. If you are an Event Host and you initiate a Booking, you agree to pay for the Event-related services described in the Booking when you complete the booking process. All requests are subject to acceptance by the receiving party. The receiving party is not obligated to accept your (or any) request and may, at their discretion, decline for any reason. Once you complete a Booking, you agree to honor the price and other terms of that Booking, as acknowledged in the Booking confirmation.

2.6 Event Hosts are Solely Responsible for Evaluating Service Providers. Event Hosts are solely responsible for evaluating the suitability of Service Providers for the services they offer to provide. Though Mostest performs a review of Service Provider profiles and provides curated recommendations, any such curation is limited, and Mostest does not warrant that any such review is accurate, complete, conclusive or up-to-date. Similarly, Mostest does not endorse reviews of Service Providers by other Event Hosts that may be available via the Mostest Service, and Mostest makes no commitments that such reviews are accurate or legitimate.

3. Accounts.

3.1 Eligibility. To use the Mostest Service, you must be at least 18 years of age and authorized to enter into contracts. By using the Mostest Service, you represent and warrant that you meet these requirements.

3.2 Registration. When you register for an account, you agree to provide true, accurate and complete information, and to promptly update this information to maintain its accuracy. If you are registering as a Service Provider, you agree to accurately describe your qualifications, services, experience, and pricing.

3.3 Account Security. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to immediately notify Mostest of any unauthorized use of your account. Mostest is not liable for any loss or damage arising from your failure to maintain the security of your account and login credentials.

4. Use of the Mostest Service; Suspension.

4.1 Your Conduct on the Mostest Service. When you use the Mostest Service, you agree:

To use the Mostest Service only in a lawful manner and only for its intended purposes.

Not to submit viruses or other malicious code to or through the Mostest Service.

Not to collect information of or about other users without their consent.

Not to use the Mostest Service to transmit any unsolicited communications or advertisements.

Not to post or transmit material that is libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise in violation of any law or right of any third party.

Not to post or transmit false, inaccurate, misleading or fraudulent information or listings.

Not to impersonate or misrepresent your identity or affiliation with any person or entity.

Not to interfere with or disrupt the Mostest Service, servers, or networks connected to the Mostest Service.

Not to attempt to circumvent any security features of the Mostest Service or to interfere with the proper functioning of the Mostest Service.

Not to attempt to indicate falsely or to otherwise misrepresent your affiliation with Mostest.

Not to use automated systems or software to extract data from the Mostest Service for commercial purposes ("screen scraping").

Not to use the Mostest Service to violate the legal rights (including rights of privacy and publicity) of others.

Not to violate the spirit or intent of these Terms or the policies of the Mostest Service.

4.2 Your Content on the Mostest Service. You are solely responsible for any text, photographs, profiles, messages, notes, reviews and any other content you post to or transmit through the Mostest Service ("Content"). You grant Mostest a non-exclusive, royalty-free, perpetual, transferable, sub-licensable, irrevocable, worldwide right and license to host, store, cache, reproduce, publish, display, perform, distribute, modify, adapt and otherwise use your Content as necessary to provide and promote the Mostest Service. You represent and warrant that you either own or have all necessary rights to your Content and that the Content you provide to Mostest does not violate the Terms.

4.3 Monitoring and Enforcement. Mostest has no obligation to monitor the Mostest Service or screen Content. However, Mostest may investigate an allegation that Content does not conform to these Terms and determine in good faith and in its sole discretion whether to remove or request removal of the Content. Mostest retains the right to refuse to post Content or to remove Content in our sole discretion with or without notice.

4.4 Account Termination and Suspension. Mostest has the right to deactivate your account, deny your access to the Mostest Service in whole or in part, or terminate your use of the Mostest Service for any conduct that Mostest, in its sole discretion, believes is in violation of any applicable law or harmful to the interests of another user, a third-party, or Mostest. Such termination of your use of the Mostest Service may be without prior notice, and Mostest may immediately deactivate or delete your account and all related Content. Mostest will not be liable to you or any third party for any termination of your account or access to the Mostest Service.

5. Premium Concierge Service.

5.1 Premium Concierge Support. For Event Hosts who subscribe to Premium Concierge services, Mostest provides support designed to guide you in booking vendors and venues. Premium Concierge services include: (a) assistance with vendor and venue vetting and booking on the Mostest platform; (b) up to weekly support meetings; and (c) the ability to request a planner rematch at no additional cost if your assigned planner is not the right fit.

5.2 Premium Concierge Limitations. Premium Concierge does not include: (a) in-person event coordination or execution; (b) event-day vendor management; or (c) on-site troubleshooting. Premium Concierge planners help with pre-event logistics, design, and vendor recommendations, but do not manage vendors on-site or handle event-day execution. Neither Premium Concierge nor event coordinators replace venue managers, catering staff, or rental setup teams—we support these teams in their execution.

5.3 Post-Event Support. In the event of a venue or vendor complaint after your event, Mostest Premium Concierge will: (a) review and address your concerns with the vendor; and (b) mediate alongside the vendor and client for a fair resolution based on the contract fulfillment and specific service-related concerns. Our priority is making sure you feel supported every step of the way.

6. Vendor Performance and Liability.

6.1 Vendor Independence. While Mostest may introduce or recommend vendors, we do not assume liability for their performance. Service Providers operate as independent contractors and are not employees or agents of Mostest or Event Hosts. If a vendor issue affects your event, Mostest will assist in troubleshooting but is not liable for refunds or damages caused by vendor performance.

6.2 Event Complexity and Unforeseen Circumstances. Even the best-laid plans can face unexpected challenges. Mostest works to ensure smooth execution, but we cannot control: vendor no-shows, delays, or errors; venue restrictions or infrastructure issues; extreme weather, travel disruptions, or emergencies; or client decisions that impact execution, such as last-minute changes. These factors do not qualify for refunds or disputes.

6.3 Force Majeure. Mostest is not responsible for illness, emergencies, transportation issues, extreme weather, or other uncontrollable events that may impact services. If made aware of an issue, we will: (a) notify the client within 1-2 business days if an issue arises; and (b) attempt to provide a substitute vendor whenever possible. Mostest, its agents, and affiliates are not liable for damages, including punitive damages, resulting from non-performance due to these circumstances.

7. Intellectual Property.

7.1 Mostest's Intellectual Property. The Mostest Service, including all AI models, algorithms, software, databases, text, graphics, logos, button icons, images, audio clips, and data compilations, is the property of Mostest or its licensors and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Mostest Service strictly in accordance with these Terms.

7.2 User Content License. By posting Content to the Mostest Service, you grant Mostest a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your Content in connection with operating and providing the Mostest Service.

7.3 Photography and Event Content Rights. Mostest reserves the right to capture and share content (including photos, videos, and testimonials) from any event we engage in for marketing, promotional, and editorial purposes. By engaging with Mostest, you grant us the right to use professional photos from your event for marketing, promotional, and editorial purposes. We will always provide proper credit to the photographer whenever possible. If you prefer to keep your event photos private, we are happy to provide a Non-Disclosure Agreement (NDA) upon request to ensure confidentiality.

7.4 Feedback. If you provide Mostest with any suggestions, comments, or other feedback relating to the Mostest Service (collectively, "Feedback"), you acknowledge that the Feedback is not confidential, and you authorize Mostest to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.

8. AI-Generated Output.

8.1 Input and Output. The Mostest Service uses artificial intelligence and machine learning to generate output for you (each, "Output") in response to: (a) your interaction, request or input; or (b) User Content uploaded or submitted to influence the Output or Services (collectively, "Input"). As between you and Mostest, to the extent permitted by applicable law: (i) you own all Input that you provide; and (ii) subject to your compliance with these Terms, Mostest assigns to you its right, title and interest in and to the Output generated by your Input. Mostest may use and modify Input and Output to enforce applicable acceptable use policies and to comply with applicable law.

8.2 Accuracy of AI Output. Due to the nature of machine learning, Output may not be unique and the Mostest Service may generate the same or similar output for other Mostest customers. Mostest's assignment of Output does not extend to other customers' output. GIVEN THE PROBABILISTIC NATURE OF MACHINE LEARNING, THE SERVICES MAY IN SOME SITUATIONS PRODUCE OUTPUT THAT IS INACCURATE, INCORRECT, OFFENSIVE OR OTHERWISE UNDESIRABLE. THE ACCURACY, QUALITY AND COMPLIANCE WITH APPLICABLE LAW OF THE OUTPUT IS DEPENDENT UPON AND COMMENSURATE WITH THAT OF THE INPUT PROVIDED AND YOUR COMPLIANCE WITH THESE TERMS. You will evaluate the content, nature and accuracy of any Output as appropriate for the applicable use case, including by using human review of the Output.

8.3 Third-Party AI Usage Policies. Use of the Services or any Output must comply with any applicable third-party AI usage policies, including but not limited to the OpenAI Usage Policies located at https://openai.com/policies/usage-policies. You may not utilize the Services (including any AI models or derivatives thereof), documentation, Input or Output to train, improve or have trained or improved an AI model.

9. Fees, Payment and Cancellation.

9.1 Mostest's Fees. Mostest charges Event Hosts and/or Service Providers fees for use of the Mostest Service. When Event Hosts book services through the Mostest platform, Mostest retains a service fee calculated as a percentage of the gross booking value. Specific fee structures will be clearly disclosed to users prior to completing any transaction.

9.2 Payment Terms. When you pay for Event-related services or for other services on the Mostest Service, you will be required to provide us with valid, up-to-date credit card or other payment information. You authorize us to charge your credit card or other payment method for fees you incur on the Mostest Service as they become due and payable. You are responsible for maintaining up-to-date payment information.

9.3 Deposits and Final Payments. Deposits paid to Service Providers through the Mostest Service are non-refundable unless otherwise specified in the applicable cancellation policy. Final payment is typically due 30 days before the event, unless otherwise agreed between the Event Host and Service Provider.

9.4 Service Fees. Mostest's service fee structure is disclosed at the time of booking and varies based on the type of service and subscription tier selected by the user.

9.5 Transparent Pricing. Mostest provides pricing transparency by displaying vendor costs with minimal markup. When vendors offer commission payments, Mostest passes these savings back to Event Hosts as cash savings or applies them to reduce the overall event cost.

9.6 Cancellations and Refunds.

Cancellations by Service Provider. If a Service Provider cancels a Booking prior to or during the service period identified in the Booking, we will work to find a replacement Service Provider. If no suitable replacement is available, we will refund the fees paid by the Event Host for Event-related services not provided, as well as any service charge paid to Mostest.

Cancellations by Event Host. If an Event Host cancels a Booking, refunds will be provided in accordance with the cancellation policy selected by the Service Provider and agreed to by the Event Host at the time of booking:

• Cancellations 90+ days before the event: Full refund of deposit or paid amount

• Cancellations within 90 days of the event: No refunds on any paid amounts

• Virtual Planning services: Non-refundable once a planner match is made

• Premium Concierge services: Billed monthly and subject to the monthly billing cycle

General Terms for Cancellations. If you wish to cancel a Booking, you should use the mechanisms available through the Mostest Service to do so. For purposes of the policies and terms in this Section 9.6, the date of cancellation is the date that a user cancels through the Mostest Service.

Payment Disputes. Mostest initiates payments to Service Providers within 48 hours after completion of a Booking. Once these amounts have been disbursed, any further payment disputes are between the Event Host and Service Provider, and Mostest has no obligation to mediate or facilitate any resolution. Refunds should be handled directly between the client and vendor. Mostest has no responsibility or liability with respect to any tips, bonuses, or other payments made outside of the Mostest Service.

Discretionary Refunds for Failure to Perform. In our reasonable discretion, if we determine that a Service Provider has materially failed to provide Event-related services as agreed with the Event Host or is otherwise in material breach of these Terms, then we may cancel a Booking and/or issue a full or partial refund to an Event Host.

9.7 Taxes. Except for taxes on Mostest's income and gross receipts or where Mostest is otherwise required to collect taxes, you acknowledge that you are solely responsible to pay any applicable taxes that arise as a result of your purchase, provision, or use of Event-related services via the Mostest Service. This includes, without limitation, any form of sales tax, VAT, or income tax on fees paid or received by you through the Mostest Service.

9.8 Payment Processing. Payment processing services may be provided by one or more third-party payment processors, including Stripe. Mostest reserves the right to switch payment processing vendors or use alternate or backup vendors in its discretion. If you are receiving payments via the Mostest Service, you may be required to set up an account with our payment processor and accept their terms of service. You authorize Mostest to obtain all necessary access to, and perform all necessary activity on, your payment account to facilitate payment related to Event-related services you purchase or provide.

10. Third-Party Links and Services.

The Mostest Service may contain links to third-party websites or resources. Mostest provides access only as a convenience and is not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party resources.

11. Privacy.

Please review our Privacy Notice at [privacy notice link], which explains how we collect and use your personal information. By using the Mostest Service, you consent to the collection and use of your information as described in the Privacy Notice.

12. Copyright and Intellectual Property Policy.

Mostest respects intellectual property rights and expects its users to do the same. It is Mostest's policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. If you believe that any Content on the Mostest Service infringes your copyright, please contact us at info@joinmostest.com with a detailed notice of the alleged infringement.

13. Disclaimer of Warranties.

THE MOSTEST SERVICE AND ALL OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOSTEST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MOSTEST DOES NOT WARRANT THAT THE MOSTEST SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MOSTEST SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

MOSTEST MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT ON THE MOSTEST SERVICE OR OUTPUT. GIVEN THE PROBABILISTIC NATURE OF MACHINE LEARNING AND AI, THE SERVICES MAY IN SOME SITUATIONS PRODUCE OUTPUT THAT IS INACCURATE, INCORRECT, OFFENSIVE OR OTHERWISE UNDESIRABLE.

YOU ACKNOWLEDGE THAT YOUR USE OF THE MOSTEST SERVICE IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR USE OF THE MOSTEST SERVICE.

14. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MOSTEST, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE MOSTEST SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE MOSTEST SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (C) ANY CONTENT OBTAINED FROM THE MOSTEST SERVICE; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT MOSTEST HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOSTEST'S TOTAL CUMULATIVE LIABILITY TO YOU ARISING FROM ALL CLAIMS UNDER OR RELATED TO THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE MOSTEST SERVICE SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO MOSTEST FOR USE OF THE MOSTEST SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR IF YOU HAVE NO PAYMENT OBLIGATIONS TO MOSTEST, ONE HUNDRED DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

15. Indemnification.

You agree to indemnify, defend, and hold harmless Mostest, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from: (a) your use of the Mostest Service; (b) your Content or your violation of these Terms; (c) your violation of any rights of another party, including any Event Host or Service Provider; or (d) your violation of any applicable laws, rules, or regulations. Mostest reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Mostest in asserting any available defenses.

16. Dispute Resolution and Arbitration.

16.1 Mandatory Arbitration. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and Mostest agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Mostest Service (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

You acknowledge and agree that you and Mostest are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Mostest otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.

16.2 Arbitration Rules and Forum. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 16. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.

16.3 Arbitration Process. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location or conduct the arbitration by telephone or online. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement.

16.4 Arbitration Costs. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. If the arbitrator finds that you cannot afford to pay AAA's filing, administrative, hearing and/or other fees and cannot obtain a waiver of fees from AAA, Mostest will pay them for you. In addition, Mostest will reimburse all such AAA's filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous.

16.5 Exceptions to Arbitration. Either you or Mostest may assert claims, if they qualify, in small claims court in New York, New York or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Mostest Service or infringement of intellectual property rights without first engaging in arbitration or the informal dispute resolution process described above.

16.6 No Class Actions. YOU AND MOSTEST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Mostest agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

16.7 Modifications to this Arbitration Provision. If Mostest makes any future change to this arbitration provision, other than a change to Mostest's address for notice, you may reject the change by sending us written notice within 30 days of the change to Mostest's address for notice, in which case your account with Mostest will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.

16.8 Enforceability. If Section 16.6 or the entirety of this Section 16 is found to be unenforceable, or if Mostest receives an opt-out notice from you, then the entirety of this Section 16 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 17 will govern any action arising out of or related to these Terms.

17. General Terms.

17.1 Governing Law. These Terms and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions. The exclusive jurisdiction and venue for any disputes not subject to arbitration shall be the state and federal courts located in New York, New York, and you and Mostest each waive any objection to jurisdiction and venue in such courts.

17.2 Entire Agreement. These Terms, together with the Premium Concierge Terms, Cancellation Policy, and Privacy Notice, constitute the entire and exclusive understanding and agreement between Mostest and you regarding the Mostest Service, and these Terms supersede and replace all prior oral or written understandings or agreements between Mostest and you regarding the Mostest Service.

17.3 Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Mostest's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. Mostest may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

17.4 Notices. Any notices or other communications provided by Mostest under these Terms will be given: (a) via email to the address you provide; or (b) by posting to the Mostest Service. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

17.5 Waiver. Mostest's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Mostest.

17.6 Severability. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

17.7 Survival. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including Sections 4.2, 6, 7, 8, 9, 13, 14, 15, 16, and 17.

17.8 Relationship of the Parties. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Mostest. Service Providers are independent contractors and are not employees or agents of Mostest.

17.9 Force Majeure. Mostest will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

17.10 Agreement Term. This agreement commences on the date you first access or use the Mostest Service and continues until terminated in accordance with these Terms. For users who have booked Event-related services, certain provisions of these Terms shall continue until the day after the scheduled event date.

18. Contact Information.

If you have any questions about these Terms or the Mostest Service, please contact Mostest at:

Mostest, Inc.

1204 Broadway, 2nd Floor

New York, NY 10001

Email: info@joinmostest.com

19. Acknowledgment and Acceptance.

BY BOOKING WITH MOSTEST OR USING THE MOSTEST SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS, INCLUDING THE WAIVER OF CLAIMS RELATED TO VENDOR PERFORMANCE, EVENT COMPLEXITY, OR VENUE-RELATED LIMITATIONS AS SET FORTH IN SECTION 6.2.