Terms of Service

1. Agreement operator and scope

These Terms of Service are a contract between TREADSPARK INC., a Delaware corporation with its principal business address at 163 SW Freeman Ave, Hillsboro, OR 97123 (“TreadSpark,” “we,” “us,” or “our”), and the individual or organization accepting them (“you”). Questions and legal notices may be sent to Admin@Treadspark.com.

The Terms govern TreadSpark.com and related accounts, software, portals, partner application tools, territory checks, document and training workflows, van lead and quote tools, scheduling and dispatch features, invoicing, payment functionality, communications, and other Services expressly made subject to these Terms. They do not automatically make TreadSpark the seller, installer, employer, insurer, lender, franchisor, or agent in every transaction presented through the platform.

IMPORTANT DISPUTE NOTICE: Section 30 includes an agreement to individual binding arbitration and a class-action waiver, subject to stated exceptions and mandatory law. You may opt out within 30 days after first accepting that section. Review it before accepting. Arbitration generally replaces court proceedings and a jury trial for covered disputes.

2. Acceptance electronic records and authority

You accept these Terms by an affirmative action clearly linked to them, such as selecting an unchecked acceptance checkbox and submitting registration or an order, or executing an agreement incorporating them. We must give conspicuous access to the Terms before that action. A footer link or passive visit alone is not our designated mechanism for obtaining contractual consent to arbitration, recurring charges, or another term requiring affirmative agreement.

If you accept for a business, you represent that you have authority to bind it. If you lack that authority, do not accept for it. Separate users remain responsible for their own authorized use. You must be at least 18 and have reached any higher applicable legal age of majority to open an account, apply, or enter a transaction. Do not misrepresent age or use another person’s identity.

Electronic acceptance, signatures, and records may establish agreements where applicable law permits. We make the applicable documents available to retain. When a transaction requires a specific statutory electronic-delivery consent, disclosure, demonstration of access, or alternative paper process, that process is provided separately. These Terms are not a universal waiver of paper-delivery rights or substitute for a background-check authorization.

3. Relationship to other agreements and the Privacy Policy

A signed software order, data-processing agreement, independent installer agreement, van-build purchase agreement, financing contract, or other program agreement can establish additional terms. A specific agreement controls a direct conflict for its subject matter to the extent lawful; otherwise these Terms continue to apply. A third party’s terms govern its independent service rather than automatically binding TreadSpark to that third party’s obligations.

Our Privacy Policy explains personal-information practices. Acceptance of these Terms acknowledges its availability and does not constitute blanket privacy consent. If a privacy disclosure conflicts with an actual applicable contractual data-processing obligation, the legal and contractual obligation controls; TreadSpark must correct the disclosure. A privacy notice cannot authorize an otherwise unlawful disclosure or prohibited secondary use.

Do not infer a franchise, investment, employment, or exclusive-territory agreement from website marketing. Such relationships require the applicable lawful documentation and conduct; contractual labels alone do not determine legal classification.

4. Accounts credentials and organization administration

Provide accurate and current registration information, maintain a reachable email address, and use accounts only for authorized purposes. Protect credentials, use available security features appropriately, and notify us promptly of suspected compromise. Do not share a personal login when separate authorized users can be created or impersonate another user.

Organization administrators may manage memberships, roles, billing, and access within their authorized scope. The organization is responsible for appropriate access decisions and for removing access when a user no longer needs it. TreadSpark remains responsible for its own security and access-control obligations. A compromised account does not automatically make you liable for every unauthorized act regardless of fault or applicable law.

We may verify identity or business authority where reasonably needed to protect access. Disputes over organizational ownership may require documentation and temporary restrictions while reviewed. We do not transfer an organization merely because a requester knows a contact’s name or email address.

5. License availability and software changes

Subject to these Terms and an applicable order, we grant a limited, nonexclusive, nontransferable right to access and use the Services for your legitimate internal operations or the other expressly permitted purpose during the authorized term. Rights to resell, sublicense, white-label, host for third parties, or integrate through restricted interfaces require written authorization.

Availability, modules, storage, user limits, support, and service levels are established by the applicable plan or order. No uptime percentage, support response time, backup guarantee, or regulated-compliance certification is promised solely by these general Terms. If a separate agreement makes such commitments, we honor it.

We may maintain, improve, or change the Services. For a paid committed term, a material reduction in contracted core functionality requires appropriate advance notice and the remedy in the applicable agreement or mandatory law. In the absence of a contrary negotiated provision, if we permanently discontinue the paid core service and cannot provide a materially equivalent alternative, you may terminate that affected service and receive a proportionate refund of unused prepaid fees. We may make urgent security or legally required changes sooner with notice when practicable.

6. Acceptable use and prohibited conduct

Do not use the Services unlawfully; submit fraudulent credentials or documents; bypass authentication or organization boundaries; access another party’s records without permission; introduce malware; abuse system resources; interfere with security or operations; harvest personal information without lawful authority; or use the platform for spam, harassment, threats, discrimination, stalking, or deceptive sales practices.

Do not reverse engineer or circumvent technical restrictions except to the extent a nonwaivable law permits; scrape restricted information or use automated collection in violation of access permissions; misrepresent affiliation with TreadSpark or a retailer; misuse trademarks; or resell access without authorization. Do not submit infringing, unlawfully disclosed, or malicious content.

Do not use the Services to obtain consumer reports without a lawful permissible purpose and required authorizations; make discriminatory eligibility decisions; run unauthorized biometric or health-data collection; transmit protected payment credentials through ordinary notes; or conduct unlawful advertising or surveillance. Restrictions apply to the conduct, not a waiver of TreadSpark’s own duties.

Reasonable security research should avoid personal-information access, disruption, and disclosure of live credentials. Report a discovered vulnerability to Admin@Treadspark.com. These Terms do not authorize intrusive testing without permission or suppress lawful reporting to regulators.

7. Your data uploads and permitted processing

You retain ownership of content and business data you lawfully submit. You grant TreadSpark the limited rights necessary to host, copy, transmit, format, display to authorized users, secure, and otherwise process it to provide the requested Services and fulfill lawful obligations. This license is limited by the Privacy Policy, applicable data-processing agreement, permissions, and law. It is not a general advertising, resale, public-display, or unrelated AI-training license.

You represent that you have the necessary rights and lawful authority for submitted content and instructions, including information about customers, staff, references, and applicants. Provide required notices and obtain required consents for your own processing. Minimize unnecessary sensitive information and do not place passwords, complete payment credentials, or unrelated medical records into unapproved fields.

TreadSpark may remove or restrict unlawful or dangerous content, investigate a credible complaint, or request correction. We provide notice and an opportunity to address issues when reasonable and lawful, except where urgent action is required. We may preserve relevant evidence for a legitimate legal or security need subject to retention and privacy requirements.

8. Confidential information

Nonpublic documents, credentials, customer records, financial information, screening records, internal pricing, and other information reasonably understood as confidential must be handled for the authorized purpose and disclosed only to authorized recipients who need it and are subject to appropriate obligations.

Each party uses reasonable care to protect the other’s confidential information. Information is not confidential to the extent lawfully public without breach, already lawfully known, independently developed, or lawfully received without confidentiality restrictions. Those exceptions do not override personal-data laws. Legally required disclosure is limited to what is required, with notice when lawful and reasonable protective cooperation.

These obligations do not prohibit lawful whistleblowing, regulator complaints, reporting suspected violations, cooperating with authorities, or protected consumer reviews. Trade-secret protections and applicable confidentiality duties survive termination for the period the information remains protected. Personal information is governed additionally by the relevant privacy and data-processing requirements.

9. Partner applications territory checks and eligibility

Applying, passing an initial ZIP-code check, uploading documents, purchasing a van, or completing training does not guarantee approval, activation, exclusivity, a particular territory, customer volume, minimum earnings, or a contractual right to receive jobs. Territory results may require verification against existing service and franchise arrangements and may change before an applicable agreement is signed.

We may evaluate qualifications using lawful criteria such as insurance, equipment, technician readiness, references, business standing, screening, service capacity, and program requirements. We may request clarification, correction, or further documentation. Decisions must respect applicable screening, discrimination, privacy, and automated-decision laws; a general reservation of discretion does not waive those requirements.

Approved participants must maintain the qualifications stated in their program agreement and report material changes. We may suspend activation while a required credential or insurance policy is unverified or expired, subject to applicable notice and review procedures. Territory rights and termination consequences, if any, are established in the specific agreement.

10. Screening background checks and applicant charges

Required screening is conducted only under applicable law and the separate screening process. You must receive required disclosures and authorizations before a report is ordered. You may have rights to obtain or dispute information and receive pre-adverse-action or adverse-action notices. These Terms do not waive those rights, combine a liability release with a required standalone disclosure, or authorize recurring checks without the proper basis and authorization.

Any screening charge, the recipient of payment, refund treatment, and whether you are legally permitted to bear the charge must be disclosed before payment. We do not impose applicant-paid checks where the applicable jurisdiction or relationship prohibits them. Paying a permitted screening fee does not guarantee acceptance or make adverse screening information conclusive.

A provider’s report may contain errors. Use the provider’s dispute process and notify us of a related pending dispute where relevant. We apply required decision procedures and appropriate review before treating the report as the basis for a legally covered adverse action. Employee, contractor, or business classifications require the correct legal analysis rather than assumption from a program label.

11. Installer independence and service responsibilities

Independent installer or partner relationships are governed by separate agreements and actual operating arrangements. Nothing here alone creates employment, agency, partnership, joint venture, or franchise status, or authorizes you to bind TreadSpark, a retailer, GoMobile Tires, or another participant. Legal classification follows applicable law and facts.

An installation provider is responsible for the work it agrees to perform, its personnel, licenses, training, tools, insurance, vehicle operation, legally required wages and taxes, safety practices, customer authorizations, and service documentation, as allocated by law and the applicable agreement. TreadSpark remains responsible for its own undertakings and conduct.

Do not represent that screening or approval guarantees that a provider is safe, faultless, insured for every loss, or professionally certified by TreadSpark. Approval reflects the applicable review, not a warranty of future performance. Contact details and contracts must identify who is actually providing a service and handling a claim.

12. Vehicle tire and mobile service safety

Tire installation, lifting vehicles, roadside work, driving, electrical systems, compressed air, equipment operation, and vehicle modification can create serious safety risks. Providers must use qualified personnel, safe work locations, proper equipment, and manufacturer requirements, including torque, load, inflation, fitment, and calibration standards. Software schedules, reminders, or checklists do not replace a competent physical inspection or professional judgment.

Customers and businesses must give accurate vehicle and site information, disclose relevant hazards, obtain necessary owner or fleet authorization, and maintain safe access to the service location. Stop work and contact the appropriate professional when a condition makes service unsafe. The Services are not an emergency response service; call emergency services for an emergency.

Nothing in these Terms releases liability for death, personal injury, property damage, defective products, or unlawful conduct where such liability cannot lawfully be excluded. Required warranties, repair authorizations, consumer protections, safety reporting, recalls, and product-liability obligations continue to apply to the responsible party.

13. Quotes van configurations and separate purchase agreements

A website estimate, configuration, or quote request is an invitation to discuss a transaction unless a document expressly states it is a binding offer and identifies acceptance requirements. Prices, discounts, equipment availability, taxes, transport, fabrication timing, and configuration details must be confirmed in the applicable quote or order. Authorized discounts apply only as stated and do not automatically carry over to other products or renewals.

A binding van or equipment purchase requires the applicable accepted order or purchase agreement identifying the actual seller, builder, scope, price, deposit terms, change orders, delivery, risk of loss, inspection, acceptance, title, warranties, and remedies. These general Terms do not silently make every deposit nonrefundable or transfer title, lien rights, or risk of loss before that agreement establishes them.

Illustrations and marketing images may not depict the exact delivered configuration. Material substitutions or scope changes require the approval specified in the purchase agreement; we do not reserve an unlimited right to change the product after payment. Estimated dates are addressed in that agreement and remain subject to any legally required delay notice, consent, cancellation, or refund duties.

14. Financing insurance and third party financial services

A financing inquiry or referral does not constitute credit approval, a loan commitment, investment advice, or an insurance policy. The actual lender or provider sets its terms subject to law. You must review separate rates, fees, security interests, guarantees, underwriting, privacy notices, and required disclosures. We do not obtain a consumer credit report solely because you requested a quote.

No representation about licensing, lending status, guarantees, or insurance coverage is made unless the actual service and entity support it. Where a referral involves compensation or another material relationship requiring disclosure, that disclosure must be given. Purchasing a product is not made contingent on an optional marketing consent.

15. Charges taxes and authorized payments

The order or checkout must identify fees, billing interval, included features, applicable taxes, and material payment terms before authorization. You authorize only the charges you affirmatively agree to, including properly disclosed renewals and approved changes. We do not rely on these general Terms to charge an undisclosed fee or increase a previously agreed price without the required process.

You are responsible for lawful charges and taxes applicable to your purchase, excluding taxes imposed on TreadSpark’s income. Where a tax exemption applies, provide valid documentation. Third-party processing, financing, or network charges must be disclosed when required and are governed by the actual transaction arrangement.

Payment information must be accurate and lawfully authorized. If a payment fails, we may request a valid method and suspend a paid feature after reasonable notice where appropriate. Late fees, interest, collection costs, and penalties are charged only if separately disclosed, agreed, and lawful. Do not interpret a general collection right as permission to assess arbitrary amounts.

16. Subscriptions automatic renewals and trials

If a plan renews automatically or continues until canceled, the enrollment process must clearly disclose price, frequency, renewal or continuous-service terms, trial or promotional period, post-promotion charges, cancellation method, and any minimum commitment. We obtain the express consent required for those terms and provide a retainable acknowledgment. A prechecked box or hidden reference to these Terms is not our designated consent method.

A trial converts to a paid plan only as disclosed and lawfully authorized. We send renewal, trial-ending, price-change, annual reminder, and other notices when required by applicable law. Timing and content must meet the law governing the user and offer. These duties apply in addition to the wording of these Terms.

You may cancel an online subscription through the online cancellation method presented at enrollment and in your account, and may contact Admin@Treadspark.com for assistance. We provide any additional legally required method and do not require an in-person visit, unnecessary retention conversation, or other prohibited obstruction. Cancellation stops future renewals or continuing charges as applicable. Access generally continues through the paid period unless the disclosed plan, your request, or law requires an earlier end.

17. Refunds cancellations billing disputes and chargebacks

Refund and cancellation terms specific to a software order, service appointment, permitted screening fee, deposit, or van build must be disclosed before purchase. Mandatory cooling-off periods, statutory refunds, warranty remedies, and remedies for unauthorized billing apply regardless of an inconsistent posted policy. A general “all sales final” statement does not override them.

If you believe a charge is incorrect, contact Admin@Treadspark.com promptly with relevant transaction details. We investigate and provide an appropriate correction or explanation. A request that you notify us promptly does not shorten a statutory dispute period or waive card, bank, consumer, or chargeback rights.

We may provide truthful supporting transaction records to payment providers and address fraudulent chargebacks through lawful procedures. We do not penalize a good-faith statutory dispute or automatically treat every chargeback as fraud. Cancellation of a subscription does not cancel a separately agreed van purchase or already completed installation unless the applicable agreement or law provides that result.

18. Service scheduling dispatch and records

Scheduling and routing tools support business operations; the responsible provider must confirm availability, appointment scope, customer consent, site suitability, pricing, and required work authorizations. Estimated arrival times may change, and customer notices must accurately communicate material delays. A software booking does not eliminate statutory repair-estimate or additional-work authorization requirements.

Users must record work truthfully, including relevant VIN, DOT tire records, inspection results, invoices, and completion information. Do not mark work completed before it is performed or alter audit records deceptively. Businesses must maintain the legally required records and use available exports or agreed retention services appropriately.

Responsibility for collecting customer payments, handling complaints, warranties, refunds, damage claims, and service follow-up is established by the applicable service and network agreements and law. TreadSpark does not disclaim a responsibility it has expressly undertaken merely because another provider also participates.

19. Communications marketing and recordings

We may send operational communications reasonably necessary for requested Services, such as verification, application, scheduling, billing, and security notices. Promotional communications are subject to applicable consent, identification, and unsubscribe requirements. Your agreement to these Terms is not consent to receive every type of marketing message.

Marketing texts or calls using regulated technologies require the applicable separate consent. Consent is not a condition of purchase where prohibited. Reply STOP to discontinue a text program or use another legally recognized revocation method; contact Admin@Treadspark.com for assistance. Message and data rates may apply, and messaging frequency must be disclosed by the relevant program. Revocation is honored according to law.

If calls, chat interactions, or sessions are recorded, transcribed, monitored, or analyzed, the required notice and consent must be obtained for that interaction and jurisdiction. We do not presume that a general Terms checkbox authorizes all recordings under every state wiretap or interception law.

20. AI automated output and professional judgment

Where provided, automated and AI features may extract document content, flag missing items, suggest workflow actions, summarize information, or assist support. Outputs can be inaccurate, incomplete, outdated, or affected by submitted information. Authorized personnel must verify material facts before relying on output for a safety, financial, eligibility, screening, or compliance decision.

AI output is not legal, tax, financial, engineering, medical, or vehicle-safety advice unless a specifically authorized professional service expressly provides it. Do not rely on generic generated text as the sole basis for a legally significant determination. These limitations do not excuse discriminatory processing or failure to comply with automated-decision, privacy, screening, or other mandatory duties.

We process inputs and outputs only under an appropriate lawful basis and the applicable privacy and data-processing terms. Confidential or sensitive records are not authorized for unrelated model training by this provision. Required transparency, human intervention, contest, and opt-out processes remain available.

21. Third party integrations and related businesses

Third-party payment, screening, identity, signature, financing, maps, communications, retailer, and service providers may operate independently. Review the terms applicable to a service you choose. We may change an integration subject to contracted commitments, appropriate notice, and applicable law.

We do not guarantee every third party’s performance, but we remain responsible for our own representations, instructions, disclosures, vendor obligations, and any expressly undertaken service. Shared ownership or collaboration with another business does not automatically make each company responsible for all the other’s contracts, or erase a responsibility established by actual agency, undertaking, or law.

22. Intellectual property feedback and public materials

TreadSpark and its licensors retain rights in the software, interface, trademarks, documentation, and other proprietary materials, excluding your own content and third-party rights. No rights are granted beyond the express license. Do not use a logo or claim an endorsement without permission or another lawful basis.

You may voluntarily submit suggestions. We may use nonconfidential feedback to improve the Services without compensation, but this does not transfer your customer records, confidential business plans, or personal data for unrelated use. Feedback should not include information you lack authority to disclose.

If you submit a review, testimonial, photograph, or logo for publication, the scope of permission must be established separately or clearly stated in that submission process. Ordinary private uploads are not automatically public promotional assets. We do not prohibit honest reviews or impose penalties for protected criticism.

23. Copyright notices and content complaints

Send suspected copyright infringement or other unlawful-content complaints to Admin@Treadspark.com, Attention Legal, or the address in Section 1. Describe the protected work or concern, identify the material and its location, provide contact details, and explain your basis for the complaint. Do not submit a knowingly false claim.

We evaluate complaints, may restrict content when warranted, and respect legally required notice, counter-notice, restoration, and appeal procedures. We do not promise to decide an intellectual-property ownership dispute without adequate information.

24. Suspension termination and service discontinuation

You may stop using the Services and close an account through the available process or by contacting us. Closing an account does not automatically cancel a separate subscription or order; we must provide clear cancellation options and comply with legally effective cancellation requests. Unpaid lawful charges, warranties, confidentiality duties, and other surviving obligations remain as applicable.

We may suspend or terminate access for a material breach, fraud, significant security risk, unlawful conduct, failure to pay an agreed charge, loss of required program qualifications, or a legal requirement. When reasonable and lawful, we provide notice, an explanation, and an opportunity to cure or seek review. Urgent safety, security, fraud, or legal circumstances may require immediate restrictions.

We do not retain a general right to terminate a paid committed service without consequences. For termination without your uncured material breach, any contractual or legally required refund and transition remedies apply; absent a contrary valid negotiated provision, unused prepaid fees for a permanently terminated paid service are refunded proportionately. Program-specific termination rights and service claims remain governed by their agreement and law.

25. Data exports deletion and transition

You should use available exports or agreed backups to retain business records needed for your operations and legal duties. TreadSpark honors applicable contractual access, export, portability, retention, and deletion obligations. Ending access does not erase legally required privacy rights or give us ownership of your records.

For a paid business software service, unless a lawful urgent restriction or an applicable negotiated agreement provides otherwise, you may request a reasonable export of available organization records within 30 days after termination. Sensitive reports, third-party licensing restrictions, another person’s rights, and legal holds can limit what may be exported. We explain a legally required limitation rather than promising unrestricted access to every record.

Following the applicable transition period, we delete, return, or retain information according to the data-processing agreement, Privacy Policy, actual retention schedule, and law. Backup and legal-hold treatment must remain consistent with those obligations. We do not destroy records to defeat a known legal preservation duty.

26. Warranties and disclaimers

TO THE EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT FOR EXPRESS COMMITMENTS IN AN APPLICABLE AGREEMENT, THE SOFTWARE AND GENERAL INFORMATION SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT ONLY TO THE EXTENT THEY MAY LAWFULLY BE DISCLAIMED. WE DO NOT PROMISE THAT EVERY SOFTWARE OPERATION WILL BE UNINTERRUPTED OR ERROR FREE.

These software disclaimers do not negate an express written warranty, fraud remedy, required consumer guarantee, mandatory data-security duty, statutory service standard, or rights that cannot lawfully be waived. They do not supply a compliant vehicle or goods warranty disclaimer where a separate sale requires particular wording, placement, or other disclosures.

No general website statement guarantees business revenue, customer volume, profitability, territorial exclusivity, regulatory approval, financing, insurance coverage, or a particular screening result. Specific promises actually made in an applicable binding agreement remain enforceable according to their terms and law.

27. Limitations of liability and protected claims

TO THE EXTENT PERMITTED BY LAW, FOR CLAIMS ARISING FROM GENERAL WEBSITE OR SOFTWARE SERVICES, NEITHER PARTY IS LIABLE TO THE OTHER FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES, EXCEPT AS PROVIDED BELOW. FOR THOSE CLAIMS, TREADSPARK’S TOTAL AGGREGATE LIABILITY IS LIMITED TO THE GREATER OF $1,000 OR THE FEES YOU PAID OR WERE REQUIRED TO PAY TREADSPARK FOR THE AFFECTED WEBSITE OR SOFTWARE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

This allocation applies across contract, tort, and other theories only where lawful. It does not limit your obligation to pay lawful agreed charges or an obligation expressly excluded below. Applicable specific agreements may establish a different lawful allocation for their service; a general software-fee cap does not automatically govern a van purchase, goods warranty, installation injury, or service damage claim.

THE EXCLUSIONS AND CAP DO NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE LIMITED, FRAUD, WILLFUL MISCONDUCT, GROSS NEGLIGENCE WHERE PROTECTION IS UNAVAILABLE, DEATH OR PERSONAL INJURY CAUSED BY ACTIONS FOR WHICH A LIMITATION IS PROHIBITED, REQUIRED CONSUMER GUARANTEES, OR STATUTORY PRIVACY AND SECURITY REMEDIES THAT CANNOT BE CONTRACTUALLY RESTRICTED. THEY DO NOT ELIMINATE MANDATORY REFUNDS, STATUTORY DAMAGES, NONWAIVABLE FEE-SHIFTING, OR RIGHTS TO RELIEF THAT THE LAW PRESERVES.

Where a jurisdiction disallows a particular limitation, that limitation does not apply to the affected claim; the remaining lawful provisions may still apply.

28. Business customer indemnification

If you use the Services on behalf of a business, that business will defend TreadSpark against a third-party claim to the extent caused by its unlawful submitted content, infringement of another party’s rights in that content, unauthorized disclosure or processing instructions, fraudulent representations, or material violation of these Terms, and indemnify TreadSpark for resulting damages and reasonable defense costs finally awarded or approved in a settlement.

This obligation does not apply to a consumer’s ordinary personal use. It does not require indemnification for the portion of a claim caused by TreadSpark’s own negligence, unlawful conduct, breach of its obligations, or unapproved changes to the content. Installer, vehicle, product, and network indemnities belong in the applicable separate agreement and must respect governing anti-indemnity and other limitations.

TreadSpark promptly notifies the indemnifying business, reasonably cooperates, and permits it to control the defense with qualified counsel, subject to appropriate protection against a conflict of interest. Delayed notice reduces the obligation only to the extent it materially prejudices the defense. No settlement may admit TreadSpark’s wrongdoing, impose a nonmonetary obligation, or fail to release the protected claim without its reasonable consent. TreadSpark may participate at its own expense except where a conflict requires an appropriate different allocation.

29. Applicable law nationwide and foreign user protections

Except where the Federal Arbitration Act governs arbitration and except for a specific agreement’s lawful governing-law provision, Oregon law governs these Terms without using conflict-of-laws rules to deprive a person of mandatory protections. Oregon is selected because TreadSpark’s principal business address is in Oregon; incorporation in Delaware does not require every service contract to use Delaware law.

These Terms apply across all 50 states, the District of Columbia, and U.S. territories, subject to the mandatory federal, state, tribal, territorial, and local law governing the activity. State consumer protection, repair, warranty, privacy, recording, screening, subscription, franchise, classification, safety, and other nonwaivable requirements prevail over inconsistent language.

If you are a consumer outside the United States, this choice does not deprive you of mandatory protections provided by the law that applies to you, including applicable statutory guarantees, cancellation or withdrawal rights, privacy rights, language requirements, and rights to bring claims in a competent local court. Website availability is not a representation that every product is offered or lawfully supported in your country.

30. Individual arbitration agreement and class action waiver

30.1 Covered disputes and mutual agreement. Subject to the exceptions below, you and TREADSPARK INC. agree to resolve disputes between us arising from these Terms or your use of the covered Services through individual binding arbitration rather than court. Covered disputes can include contract, statutory, tort, fraud, and privacy claims to the extent arbitration of the claim is lawful. This agreement binds both parties. It does not automatically bind a separate retailer, installer, builder, lender, or affiliated company that is not a party or otherwise lawfully entitled to invoke it.

30.2 Governing statute and assent. The Federal Arbitration Act governs interpretation and enforcement to the extent it applies. If it does not apply, the governing arbitration law applies without displacing mandatory protections. Arbitration binds you only after legally sufficient affirmative acceptance of this agreement. It does not retroactively cover a pending lawsuit or an already asserted dispute through unilateral website revision.

30.3 Thirty day opt out. You may reject this arbitration agreement by emailing Admin@Treadspark.com with “Arbitration Opt Out” or mailing TREADSPARK INC., Attention Legal, 163 SW Freeman Ave, Hillsboro, OR 97123, within 30 days after first accepting it. Include your name, associated account email if any, and a clear statement that you reject arbitration. No reason, notarization, or payment is required. A timely mailed opt-out is effective if postmarked within that period. We confirm receipt where reasonably possible. Opting out does not change other Terms, pricing, or access and also removes the class-action waiver contained in this arbitration section for you. Preserve a copy of your request.

30.4 Optional informal resolution. Either party may send a written dispute notice to the other describing the dispute, requested relief, and contact details. Notices to TreadSpark go to the legal contact above. We may attempt resolution for 30 days if both sides wish. This is not a mandatory exhaustion requirement, does not delay a filing needed to preserve rights or urgent relief, and does not limit statutory privacy requests or regulator complaints. If both parties agree in writing to defer filing, the agreement must address preservation of limitations periods.

30.5 Administrator and rules. The American Arbitration Association administers arbitration. Its Consumer Arbitration Rules and applicable fee schedule apply when the dispute qualifies as a consumer case, including required consumer due-process protections. Its Commercial Arbitration Rules apply to genuine business disputes unless another legally required rule set applies. The applicable AAA mass-arbitration rules govern coordinated filings when applicable; this contract does not add mandatory batching, bellwether delay, or an indefinite stay. Current rules are available at https://www.adr.org or from TreadSpark on request. If AAA declines administration because TreadSpark has not complied with required registration or fees, TreadSpark cannot use its own noncompliance to block court access. If AAA is otherwise unavailable, the parties may agree on an appropriate substitute; absent agreement, a court may determine the lawful forum or substitute, subject to mandatory rights.

30.6 Arbitrator hearing and evidence. A neutral arbitrator is selected under the applicable rules. Each party receives a fair opportunity to present evidence and obtain discovery appropriate to the dispute. The arbitrator applies governing substantive law and may award the individual relief that a court could award for the claim, subject to lawful contract provisions. The award is reasoned in writing, and judgment may be entered in a competent court. Statutory attorney-fee and remedy rights remain available. No provision requires secrecy about a claim, limits reporting to authorities, or prohibits protected speech.

30.7 Location and costs. A consumer hearing occurs remotely or in the consumer’s county of residence at the consumer’s election when the applicable rules permit, unless both parties agree otherwise. A genuine business hearing is remote by default unless the parties or arbitrator reasonably select another location under the applicable rules. TreadSpark pays fees and arbitrator costs assigned to the business under the applicable consumer rules. A consumer pays no more than the permitted consumer filing fee and can seek an available waiver; TreadSpark bears additional costs required to make arbitration accessible and enforceable. Business fees follow the applicable rules unless mandatory law or a separate valid agreement requires another allocation. We do not impose a blanket loser-pays rule or recover company consumer-arbitration fees merely because a consumer loses.

30.8 Matters excluded from arbitration. Either party may bring an individual claim within a small-claims court’s jurisdiction while it remains there. Either may seek urgent provisional relief from a competent court to preserve rights or protect against immediate harm without waiving arbitration of an arbitrable merits dispute. Regulator complaints and investigations are unaffected. Claims that governing law bars from mandatory pre-dispute arbitration, and claims for which the claimant has a legally protected election of court proceedings, remain outside this provision. Employment disputes are not made arbitrable solely by these website Terms; any applicable workplace agreement and mandatory law govern them. Mandatory foreign consumer court rights are preserved.

30.9 Class proceedings and public relief. To the extent lawful, covered arbitration proceeds on an individual basis, and neither party may require a class, collective, or representative arbitration without the other’s agreement. This does not prohibit coordinated counsel, administrative mass-arbitration procedures, or the individual filings allowed by the AAA rules. It does not waive a nonwaivable right to seek public injunctive relief, including an applicable California right, or another protected representative remedy. Relief that cannot lawfully be required to proceed in individual arbitration may be sought in a competent court without conditioning it on surrender of the underlying protected right. There is no standalone class waiver for a person who timely opts out or is not bound by arbitration.

30.10 Court and arbitrator authority. A court decides formation, existence, and enforceability of this arbitration agreement, the validity of the class-action waiver, and whether a nonwaivable right or exception prevents arbitration. There is no broad delegation of those issues solely to the arbitrator. The arbitrator otherwise decides the merits of covered arbitrable claims under the applicable rules. Judicial review of an award is governed by the applicable arbitration law.

30.11 Severability and survival. If a restriction on class or representative arbitration is unenforceable for a particular claim, that claim proceeds in court unless the parties later agree to class arbitration; the remaining lawful individual arbitration agreement continues for other claims. If the entire arbitration agreement is unenforceable, court remedies remain available. This agreement survives account closure for covered disputes lawfully within its scope. A material future amendment requires appropriate notice and affirmative acceptance where required and cannot eliminate an already exercised opt-out or retroactively alter an accrued dispute.

31. Court venue for matters outside arbitration

For a matter lawfully outside arbitration, the parties consent to competent state courts in Washington County, Oregon, or the United States District Court for the District of Oregon where federal jurisdiction exists, unless mandatory law, a preserved small-claims option, an applicable foreign consumer right, or a separate valid agreement permits or requires another forum.

There is no separate mandatory jury-trial waiver for court proceedings under these Terms. The jury-trial consequence of arbitration applies only to disputes validly subject to arbitration. We do not shorten statutory limitation periods through these general Terms or prevent a person from using a legally protected court or regulator process.

32. Force majeure and unavoidable interruptions

Neither party is responsible for a failure caused by an event beyond its reasonable control to the extent lawful and genuinely caused by that event, such as a natural disaster, war, government restriction, or widespread utility failure. The affected party must use reasonable efforts to mitigate, communicate material impact, and resume performance.

This provision does not excuse negligent security, failure to maintain reasonable continuity arrangements, unpaid lawful charges for completed performance, or mandatory refunds, breach notices, safety duties, and statutory remedies. A prolonged interruption or unfulfilled delivery is addressed under the applicable agreement and law rather than an unlimited right to keep payment without performance.

33. Changes to these Terms

We may propose revisions to reflect changes in Services, business practices, or law. We identify the updated version and provide conspicuous advance notice of material changes where required, using account notices or email where appropriate. Changes requiring consent take effect only after that consent. A posted revision alone does not create permission for undisclosed charges, new regulated tracking, or retroactive arbitration.

For an existing paid term, changes cannot remove an already agreed essential right or materially reduce the purchased service without the required contractual or legal remedy. If you do not accept a material change, you may stop future use or renewal, subject to existing lawful obligations and any applicable cancellation or refund rights. Accrued disputes and prior arbitration opt-outs remain protected.

34. Assignment severability and complete agreement

You may not transfer a paid account or contractual rights without consent except where the relevant agreement or mandatory law permits. TreadSpark may assign a contract in a legitimate business transfer if the successor assumes applicable obligations and the transfer does not unlawfully impair your rights or protections. An assignment does not authorize incompatible use of personal data.

If a provision is invalid, the remaining provisions continue to the extent lawful and consistent with the parties’ agreement; the special arbitration severability rule governs arbitration. Failure to enforce a provision once is not a permanent waiver. A waiver must be appropriate and explicit. These Terms and incorporated valid agreements form the agreement for their subject matter, without extinguishing mandatory remedies for fraud or required precontract disclosures.

No third party receives contractual rights solely from being mentioned here unless a specific applicable agreement expressly grants them or law provides otherwise. Rights and obligations that by nature must survive, such as lawful payment, confidentiality, ownership, data obligations, dispute provisions, and protected remedies, survive termination to that extent.

35. Notices contact and accessibility

General questions, support, billing, privacy, legal notices, content complaints, and arbitration opt-outs: Admin@Treadspark.com. Please identify the subject so it can be routed appropriately.

Mail: TREADSPARK INC., Attention Legal or Privacy as applicable, 163 SW Freeman Ave, Hillsboro, OR 97123, United States. Corporate formation: Delaware. Website: https://treadspark.com.

We may send contract notices to the current authorized contact through email or an appropriate account notice, subject to legally required delivery methods. These Terms do not change service-of-process requirements or designate this mailing address as a substitute registered agent. Contact us for an accessible version of the Terms or assistance with a required process. Reported accessibility barriers must be addressed through appropriate operational measures; a contact paragraph alone does not establish accessibility compliance.