Last Updated / Effective Date: September 30, 2025

Sub-Zero Group, Inc. (“Sub-Zero,” “we,” or “us”) manufactures major home appliances under the Sub-Zero, Wolf, and Cove brands, including Wi-Fi enabled or “smart” appliances (“Connected Appliances”). We are pleased to offer you the opportunity to use the Sub-Zero Group Owner’s App (the “Mobile App”) in connection with your Connected Appliance.

If you own or use a Connected Appliance, these Terms of Use (“Terms of Use”) govern your use of the Mobile App and the related Connected Appliances Services we offer (the “Services”). In order to use the Mobile App and the Services, you must read and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the Mobile App or Services.

ARBITRATION NOTICE; CLASS WAIVER; WAIVER OF TRIAL BY JURY. THESE TERMS CONTAIN PROVISIONS REQUIRING YOU TO RESOLVE DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND REQUIRES YOU TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION REGARDING THE SUBJECT MATTER OF THESE TERMS OF USE.For information regarding how we collect, use, and share your personal information in connection with your use of the Mobile App or Services, please see our Connected Appliance Privacy Policy (the “Connected Privacy Policy”).

YOUR ACCOUNT

To use your Connected Appliance in connection with the Services and the Mobile App, you must create a user account or use your existing customer account.

• Creating an Account. To use the Services or the Mobile App, you must create a user account (“Account”) with us online. When you create an Account, we ask you to provide certain personal information, such as your name, address, and email address. You agree to provide truthful and accurate information, not to submit false or inaccurate information, and not to impersonate any third party. We will also ask you to provide your Connected Appliance serial number(s) and installation date(s).
• Primary and Secondary Accounts. You will be responsible for the primary Account. If you choose to permit other users to monitor a Connected Appliance using the Mobile App, you must create a secondary Account. The primary user may have access to certain functionality which is greater than that of the secondary user. The primary user will be liable for any losses which arise from the secondary users’ use of the Mobile App or the Services, in violation of these Terms of Use or applicable law.
• Existing Accounts. If you already have an on-line Account with Sub-Zero, you may access your Connected Appliance functionality using that Account, provided that you first review and agree to abide by these Terms of Use.
• UPDATES TO THE SERVICES AND MOBILE APP. YOU WILL BE REQUIRED TO UPDATE THE SERVICES AND THE MOBILE APP FROM TIME TO TIME IN ORDER TO CONTINUE USING THEM. YOU ACKNOWLEDGE THAT WE MAY UPDATE THE SERVICES OR THE MOBILE APP WITHOUT REQUIRING ANY ADDITIONAL CONSENT OR ACTION FROM YOU, AND YOU CONSENT TO SUCH UPDATE BY CONTINUING TO USE THE SERVICES OR THE MOBILE APP.
• Protecting Your Account. We recommend using a strong, unique password to protect your Account, and to change that password on a regular basis. Your network, devices and software are your responsibility. You are responsible for keeping your network, devices and software up to date and for using a device and software compatible with the Mobile App and Services. You may not be able to use the Mobile App and Services if your devices or software are not up to date or compatible with the Mobile App or Services. We recommend you use particular caution when accessing your Account from public or shared electronic devices so that others may not view or record your passwords. We reserve the right to disable any passwords at any time, in our sole discretion, including for any violation of these Terms of Use or applicable law.
• Password Storage. We offer the capability to save your Wi-Fi password with encrypted storage on your mobile device. This functionality is offered after you enter the Wi-Fi password when connecting your first Connected Appliance. If you add additional Connected Appliances, the stored Wi-Fi password will be retrieved from encrypted storage on your mobile device and used to automatically connect the Connected Appliance to your Wi-Fi without requiring you to re-enter the Wi-Fi password. If you would like to opt out of this functionality, you can do so through the Mobile App or by removing the Mobile App from your device.
• Closing Your Account. If you no longer wish to use the Mobile App or the Services, you have the right to delete your Account at any time. If you keep a Connected Appliance connected to Wi-Fi after you close the Account, you may still be transmitting data from your Connected Appliance to Sub-Zero, unless you disconnect your Connected Appliance from the Wi-Fi router. To stop transmitting data from your Connected Appliance, use the Mobile App to remove the Connected Appliance from your Account or physically unplug the Connected Appliance to reset it.

TECHNOLOGICAL REQUIREMENTS

You will need a working and reliable wireless internet connection to use the Mobile App and the Services. If you use the Mobile App or opt to receive notifications via text messages, you will need to use your internet or mobile data connection. You are required to purchase appropriate internet and mobile data plans to use the Mobile App and the Services, at your own cost. We will not be liable for any overage charges or terms of service with respect to these internet and mobile plans. You may disable notifications within your Account if you wish to avoid data charges, or you may stop using the Services to avoid any additional data charges.

The Services and the Mobile App are not available outside of the United States and Canada, or when your internet, wireless connection, or mobile connection, as applicable, is not working. The Services and the Mobile App may be subject to limitations and restrictions outside of the control of Sub-Zero, including, but not limited to, internet availability, wireless network capabilities, environmental or atmospheric conditions, cybersecurity attacks, or other risks related to the use of the internet.

USE OF YOUR CONNECTED SERVICES AND APP

 You agree to utilize the Services and the Mobile App with your Connected Appliance, in accordance with these Terms of Use and the Sub-Zero Use and Care Guide provided with your Connected Appliance (the “Use and Care Guide”). The Mobile App and the Services are designed for personal household use and not designed for commercial use.

IT IS YOUR RESPONSIBILITY TO OPERATE YOUR CONNECTED APPLIANCE SAFELY AND TO REPAIR AND MAINTAIN YOUR CONNECTED APPLIANCE IN ACCORDANCE WITH OUR USE AND CARE GUIDE. YOU ARE ALSO REQUIRED TO UTILIZE THE CONNECTED APPLIANCE IN ACCORDANCE WITH THESE TERMS OF USE. FAILURE TO DO SO MAY RESULT IN DAMAGE TO YOUR CONNECTED APPLIANCE, PROPERTY DAMAGE, BODILY HARM, AND/OR SERIOUS INJURY OR DEATH.

YOU SHOULD NOT USE YOUR CONNECTED APPLIANCE, THE SERVICES, OR THE MOBILE APP IN ANY MANNER NOT INTENDED BY US. YOU MUST COMPLY WITH ALL APPLICABLE LAWS REGARDING THE USE OF YOUR CONNECTED APPLIANCE, THE SERVICES, AND THE MOBILE APP. YOUR USE OF THE SERVICES AND THE MOBILE APP IS NOT A SUBSTITUTE FOR SAFE, RESPONSIBLE AND PRACTICAL USE OF YOUR CONNECTED APPLIANCE. THE SERVICES AND THE MOBILE APP ARE NOT INTENDED TO BE RELIED UPON FOR PURPOSES OF PREVENTING ANY FIRE, ACCIDENT, OR OTHER DAMAGE.

WE PROVIDE YOU WITH THE MOBILE APP AND THE SERVICES AS A CONVENIENCE, IN ORDER TO MAXIMIZE THE FUNCTIONALITY OF YOUR CONNECTED APPLIANCE. WE ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY ISSUES REGARDING TO THE RELIABILITY, ACCURACY, OR COMPLETENESS OF THE CONTENT INCLUDED IN THE MOBILE APP OR THE SERVICES, OR THE RESULTS OBTAINED FROM USING THE MOBILE APP OR THE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSSES ARISING FROM YOUR FAILURE TO USE THE CONNECTED APPLIANCE, THE SERVICES, OR THE MOBILE APP, IN ACCORDANCE WITH THESE TERMS OF USE OR THE USE AND CARE GUIDE OR ANY APPLICABLE LAWS.

• Ownership and Use of the Mobile App and the Services. Sub-Zero, or its licensors, owns the Services and the Mobile App, and their respective content, features, and functionality (“Content”). The Services, the Mobile App, and their Content are protected by copyright, trademark, and other intellectual property laws (“Intellectual Property Laws”).
  
  Upon your acceptance of these Terms of Use, we grant you a limited, non exclusive, revocable, non transferable (except as provided as a result of transfer of the Connected Appliance), non-sublicensable license to install and use the Mobile App on your electronic device, solely for the use of the Services, the Mobile App, and your Connected Appliance.
  
  You may not copy, modify, reproduce, or publicly display, transmit, distribute, or use the Content for any purpose other than personal, non-commercial use. You may not reverse engineer the Services, the Connected Appliance, or the Mobile App. You may not remove any patent, copyright, trademark, or other notices of intellectual property rights or other proprietary rights from the Mobile App, Services, or Content. Unauthorized use of the Content may violate the Intellectual Property Laws. All rights not expressly granted to you in these Terms of Use are reserved and retained by Sub-Zero, or its licensors, suppliers, rights holders, or other providers.
  
  While we try to provide the Mobile App, Services, and Content without error, we cannot guarantee that the Mobile App, the Services, or the Content are complete, current, or error-free (including, without limitation, Content related to product availability, specifications, features, or prices), or that your access to the Mobile App, Services or Content will be uninterrupted, timely, or secure. If we discover errors, we will make reasonable efforts to correct those errors. ANY CONTENT ACCESSED THROUGH THE MOBILE APP OR SERVICES IS ACCESSED AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM ACCESSING THE CONTENT, INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR MOBILE DEVICE AND ANY OTHER DEVICE YOU USE TO ACCESS THE MOBILE APP, SERVICES OR CONTENT.

• Prohibited Uses. Users of the Services or the Mobile App agree that they will not:

1. use the Services or the Mobile App in any manner that could disable, overburden, damage, or impair the Services or the Mobile App, or their functionality, or interfere with any other party’s access to or use of the Services or the Mobile App;
2. use any automatic device, process, or means to access the Services or the App for any purpose, including monitoring or copying any Content on the Services or the Mobile App;
3. attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Services, the Mobile App or any server, computer, or database connected to the Services or the Mobile App;
4. use any device, software, or routine that interferes or attempts to interfere with the proper functionality of the Services or the Mobile App;
5. alter, damage, or delete any Content provided by us;
6. impersonate any person or entity, or otherwise mislead about your identity;
7. provide or introduce any virus, Trojan horse, worm, ransomware, or other malware which is malicious or technologically harmful;
8. impose an unreasonable or disproportionately large load on our computer system, including, but not limited to, sending spam or unsolicited mass email;
9. use the Services or the Mobile App to transmit any improper content in any form; and
10. otherwise attempt to interfere with the Content or proper functionality of the Services or the Mobile App.

• Trademarks. We own certain international, federal, and common law trademarks which we utilize in conjunction with the sale of our Connected Appliances, the Services, and the Mobile App. We retain all rights in our trademarks and logos. You are not permitted to use our trademarks or logos without our prior, express written permission, which we may deny in our sole discretion.
• Sale or Transfer of a Connected Appliance. If you choose to sell or transfer your Connected Appliance to another person, or permit another person to use your Connected Appliance, you agree to:

1. Promptly notify such person that the Connected Appliance is subject to these Terms of Use and that they must register for the Mobile App or the Services, in order to utilize the functionality of the Connected Appliance;
2. Immediately notify us or update or deactivate your Account, as applicable; and
3. Terminate your own Account and not attempt to access or interfere with access to the Connected Appliance after sale or transfer of that Connected Appliance.

Right to Terminate

• We reserve the right to suspend or terminate your access to the Services or the Mobile App, including, without limitation, the right to terminate your Account, and terminate your license rights under these Terms of Use, at any time, if you violate these Terms of Use or applicable law. This will prevent you from using the connected features of your Connected Appliances. If we terminate your Account in accordance with this paragraph, we will delete your Account, username, password, any of your Content, and all associated materials, with no further legal obligation or liability to you.

Owner Materials

• You can upload an image of a wine label or upload your own recipes for your personal use when using the Mobile App (“Owner Materials”). We will not share thatthose Owner Materials with any other user of the Mobile App.
• In providing or uploading any Owner Materials, you represent and warrant to Sub-Zero that you own or have the legal right to share such Owner Materials, that such Owner Materials will not cause harm to any third party, and that you will not include any sensitive personal information, such as credit card information, social security numbers, or any other information you would not want to share with a third party.
• By providing any Owner Materials, you grant us a non- exclusive, royalty-free, perpetual, irrevocable, transferable, and sublicensable right to use, reproduce, modify, perform, display, distribute, adapt, publish, translate, prepare derivative works from, and disclose to service providers any such Owner Materials for the purpose of providing the Services and the Mobile App.

User Submissions

• In providing or posting any material, information, idea, or content, including any reviews, comments, suggestions, or feedback (“User Submissions”) regarding the Connected Appliance, the Services, or the Mobile App, you represent and warrant to Sub-Zero that you own or have the legal right to share such User Submissions, that the User Submissions are true and accurate, and that such User Submissions will not cause harm to any third party.
• We treat User Submissions as non-confidential and non-proprietary. By providing any User Submission, you grant us a non exclusive, royalty-free, perpetual, irrevocable, transferable, and sublicensable right to use, reproduce, modify, perform, display, distribute, adapt, publish, translate, prepare derivative works from, and disclose to third parties any such User Submissions for any purpose. We may share your User Submissions for any legal purpose, including, but not limited to, for developing, manufacturing, advertising, and marketing our products and services. We are not obligated to pay any compensation to you for any User Submission.
• When providing a User Submission, you are prohibited from: (a) posting or transmitting any unlawful, fraudulent, threatening, libelous, defamatory, obscene, scandalous, inflammatory, objectionable, abusive, pornographic, or profane content, or any other content that could give rise to any civil or criminal liability; and (b) posting any content that is confidential, proprietary, invades the privacy or publicity rights of others, or violates the intellectual property rights or other legal rights of any third party. We have no obligation to review any User Submission. However, we reserve the right to review and remove any User Submission for any reason.
• We have no responsibility to use, backup, or otherwise maintain any User Submission. We are not responsible for any damage to or loss of any User Submission for any reason. You are responsible for backing up any User Submission.

Promotions

• We may offer you the opportunity to participate in certain sweepstakes, promotions, or contests (“Promotions”) using the Mobile App or the Services, from time to time. Some Promotions may have terms and conditions that differ from, or are in addition to, these Terms of Use. In the event of a conflict between these Terms of Use and the terms and conditions of any particular Promotion, the terms and conditions of the specific Promotion will prevail.

COPYRIGHT LAW VIOLATIONS

• We respect the intellectual property rights of others and are committed to complying with copyright laws. We comply with the Digital Millennium Copyright Act (“DMCA”) and will promptly investigate any claims of copyright infringement upon receipt of written notice thereof.
• If you believe your copyright or the copyrights of a third party are being infringed because of any Content, Owner Materials or User Submissions, please contact us and follow the procedure in our DMCA Policy available at https://www.subzero-wolf.com/company/dmca-policy.

USE OF A THIRD-PARTY DEVICE

• You may choose to connect your Connected Appliance with a third-party device or product (“Third-Party Device”) to utilize the functionality of your Connected Appliance. By installing and using any Third-Party Device with your Connected Appliance, you are authorizing us to share your personal information and Connected Appliance data with the Third-Party Device provider, as described in the Connected Privacy Policy. Sub-Zero will treat any communication between, with, or through your Connected Appliance and a Third-Party Device as a communication you authorize. Please directly consult the Third-Party Device provider’s privacy policy to learn more about how the specific Third-Party Device provider processes and treats interactions with your Connected Appliance and connected data. For example, Amazon’s policies when using an Alexa-enabled device or Google’s policies when using a Home device.

OUTAGES

• We try to keep the Mobile App and the Services up and running and available to you. However, the Mobile App or Services may experience outages for a variety of reasons. You agree that we are not responsible for any damages or loss caused by any outages, delays, or other failures of the Mobile App or Services.

WARRANTY DISCLAIMER

• YOU USE THE SERVICES, THE MOBILE APP AND THE CONTENT AT YOUR OWN RISK. WE PROVIDE THE SERVICES, THE MOBILE APP AND THE CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. WE MAKE NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THE MOBILE APP AND THE CONTENT, NO WARRANTY THAT THE SERVICES, THE MOBILE APP AND THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, AND NO WARRANTY THAT DEFECTS IN THE SERVICES OR THE MOBILE APP OR THE CONTENT WILL BE CORRECTED. WE MAKE NO WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, SECURITY, RELIABILITY, QUALITY, TIMELINESS, OR AVAILABILITY OF THE SERVICES, THE CONTENT OR THE MOBILE APP, OR ANY ERRORS OR OMISSIONS IN THE SERVICES, THE CONTENT OR THE MOBILE APP.
• YOUR EXCLUSIVE REMEDY FOR ISSUES RELATED TO THE OPERATION OF THE MOBILE APP, THE SERVICES, THE CONTENT OR THE CONNECTED FUNCTIONALITY OF YOUR CONNECTED APPLIANCE, IS TO STOP USING THE MOBILE APP, THE CONTENT, THE SERVICES, OR THE CONNECTED FUNCTIONALITY OF THE CONNECTED APPLIANCE.
• UNDER CERTAIN PROVISIONS OF STATE AND FEDERAL LAW, THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

• CONSEQUENTIAL DAMAGES EXCLUSION. SUB-ZERO WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO (A) YOUR USE OF THE MOBILE APP, THE SERVICES OR THE CONTENT; (B) YOUR INABILITY TO ACCESS OR USE THE SERVICES, THE MOBILE APP OR THE CONTENT; (C) THE RESULTS OF YOUR USE OF THE SERVICES, THE MOBILE APP OR THE CONTENT; (D) A DATA SECURITY OR PRIVACY INCIDENT RELATED TO YOUR USE OF THE SERVICES, THE MOBLIE APP OR THE CONTENT; (E) LOST, CORRUPTED, OR COMPROMISED DATA RELATED TO YOUR ACCOUNT, THE MOBILE APP, THE SERVICES, OR THE CONTENT; (F) UNAUTHORIZED ACCESS TO OR USE OF YOUR ACCOUNT, THE SERVICES, THE CONTENT OR THE MOBILE APP; (G) ANY TOTAL OR PARTIAL FAILURE OF PERFORMANCE OF, OR MALFUNCTION OF, THE SERVICES, THE MOBILE APP OR THE CONTENT; (H) USE OF A THIRD-PARTY DEVICE WITH YOUR CONNECTED APPLIANCE; OR (I) THE SUBJECT MATTER OF THESE TERMS OF USE. THIS LIMITATION OF LIABILITY AND CONSEQUENTIAL DAMAGES EXCLUSION WILL APPLY WHETHER YOUR CLAIM IS BASED UPON A BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE OR WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND FURTHER, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR PROPERTY DAMAGE CLAIMS RELATED TO ANY TOTAL OR PARTIAL FAILURE OF PERFORMANCE OF, OR MALFUNCTION OF, THE SERVICES, THE CONTENT OR THE MOBILE APP, EVEN IF CAUSED BY OUR NEGLIGENCE.

• CAP ON DAMAGES. IN NO EVENT WILL SUB-ZERO BE LIABLE TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES, THE CONNECTED APPLIANCES, THE MOBILE APP, ANY THIRD-PARTY SERVICES OR THE CONTENT IN AN AMOUNT GREATER THAN $200.00. ANY CLAIM ARISING UNDER THESE TERMS OF USE OR YOUR USE OF THE SERVICES, THE CONTENT OR THE MOBILE APP MUST BE BROUGHT WITHIN ONE YEAR AFTER SUCH CLAIM ARISES.

• CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS BY OPERATION OF LAW.
  THIS LIMITATION OF LIABILITY ALSO APPLIES TO ALL OF OUR AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND SERVICE PROVIDERS.

• THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN YOU AND US, AND THE PARTIES ACKNOWLEDGE THAT THEY WOULD NOT BE ABLE TO ENTER INTO THESE TERMS OF USE WITHOUT THESE LIMITATIONS OF DAMAGES.

Indemnification

 Except where prohibited by law, you agree to defend, indemnify, and hold harmless Sub-Zero and our affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, suppliers, distributors, dealers, successors, and assigns, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or related to your violation of these Terms of Use, the Owner Materials, the User Submissions, or your use of the Services, the Content or the Mobile App.

DISPUTE RESOLUTION AND ARBITRATION OF DISPUTES

 Any dispute arising out of or in any way related to these Terms of Use, your use of the Services, your use of the Content, or your use of the Mobile App (under any legal theory) shall be submitted to mandatory binding arbitration between Sub-Zero (including its affiliates, agents, employees, directors, officers, distributors, dealers, successors or assigns) and you as the Account owner or your heirs, survivors, representatives, and no other parties. The arbitration will take place before a single arbitrator.

Arbitration is a dispute resolution process that is more informal than a court case. ARBITRATION DIFFERS FROM A LAWSUIT IN COURT AS THERE IS NO JUDGE OR JURY AND THERE IS A LIMITED COURT REVIEW OF A FINAL ARBITRATION AWARD. There may be more limits on discovery than in a court case. The arbitrator is required to make a decision based upon these Terms of Use and applicable law. The arbitrator may award damages and attorneys’ fees, but the arbitrator may not grant declaratory or injunctive relief except in very limited circumstances and only as it relates to your individual rights under these Terms of Use.

There are some exceptions to this mandatory arbitration provision. Specifically, either of us may at any time: (a) bring a small claims court suit; (b) pursue claims with federal, state, or local government agencies, if applicable; (c) pursue a claim for injunctive relief; or (d) bring an action to enforce intellectual property rights.

• Applicable Process. Either Sub-Zero or you may bring an arbitration proceeding under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Arbitration Rules of the American Arbitration Association (“AAA”). The Federal Arbitration Act governs the enforcement of this provision.
  
  You may obtain instructions on how to file arbitration with AAA by calling AAA at (800) 778 7879 or online at www.adr.org or we can assist you in contacting AAA. The arbitration will take place at a location in Chicago Illinois, unless the amount of the claim is for $10,000.00 or less, in which case either of us have the choice of (a) submitting the dispute to the arbitrator based upon documents only; (b) using a telephone hearing; or (c) attending in person as established under the AAA rules in the county or parish where your Connected Appliance is located.
  
  The fees you incur in arbitration and your share of the arbitrator’s fees are limited, as set forth in the AAA rules. Sub-Zero will pay the remaining fees. If the arbitrator determines your claim was improper or frivolous, payment of all fees will be governed by the AAA rules and you will be required to reimburse us. The arbitrator is required to issue a written decision sufficient to explain the facts and legal conclusions on which the decision and award are based. The arbitrator may resolve disputes as to the payment and reimbursement of fees or expenses during the arbitration proceeding, or if requested by a party, within 14 days of the arbitrator’s issuance of an award.
  
  To bring an arbitration action, a party must file a demand for arbitration no later than one year after the date that party first becomes aware of, or should have known of, the claim subject to arbitration, or that claim will be time barred and the aggrieved party will have no right to seek any other remedy. In instances where a one year time limit is prohibited, the claim must be brought within the shortest time period permitted by applicable law.

• Arbitration Proceedings. If a party wishes to bring an arbitration proceeding under these Terms of Use, that party must send written notice of the dispute by letter or email to the other party. The notice must contain (a) an explanation of the dispute; and (b) describe the specific remedy or award that party is seeking from the arbitrator. The parties then must work together in good faith to attempt to resolve any such dispute through discussions or email communications. If the parties cannot resolve the dispute within such time period, either party may submit the dispute to arbitration.
  
  If you win the arbitration, we will pay you the amount of the award or $1,000.00, whichever is greater. The arbitration and all information disclosed during the arbitration may not be disclosed to any third party except as required by law. The parties will not make any comments or announcements to the public about the arbitration, its subject matter or its outcome.
  
  If we change this arbitration provision, you may reject that change by sending us a written notice within 30 days of the change, in which case we will terminate your Account.
  
  If the waiver of a class action is unenforceable or the arbitration provision is held to be unenforceable in a given jurisdiction, this arbitration provision is null and void in that jurisdiction.

Waiver of Class Action

BY ACCEPTING THESE TERMS OF USE, AND EXCEPT WHERE EXPRESSLY PROHIBITED BY LAW, YOU AGREE THAT YOU WILL BRING ANY CLAIMS AGAINST SUB-ZERO BASED ON THE SUBJECT MATTER OF THESE TERMS OF USE ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION PLAINTIFF OR CLASS ACTION MEMBER IN ANY CLASS ACTION LAWSUIT OR ARBITRATION OR PURPORTED CLASS ACTION LAWSUIT OR ARBITRATION.

Mobile App-Specific Terms

 If you obtained the Mobile App through an application store, such as Apple's App Store or Google Play (each an “App Store”), you may have additional license rights related to your access and use of the Mobile App. These Terms of Use are between you and us, and not with the operator of an App Store. No App Store provider is responsible for the maintenance of or other support services for the Mobile App. You agree to comply with any applicable App Store terms and conditions. If any App Store terms and conditions are less restrictive than these Terms of Use or otherwise conflict with these Terms of Use, these Terms of Use shall govern your use of the App.

Specific to the Apple App Store, the following terms apply: (a) these Terms of Use are between you and us only and not with Apple, Inc. (“Apple”), and Apple is not responsible for the Mobile App or its Content; (b) your license to use the Mobile App is limited to use on any Apple electronic device such as the iPhone, iPod, iPad, or compatible device that you own or control, to the extent permitted by the usage rules set forth in the Apple App Store’s terms of service; (c) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (d) Apple will have no warranty obligation whatsoever with respect to the Mobile App, other than refund of the purchase price, if any, for such Mobile App, and no other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any such warranty will be Apple’s responsibility; (e) Sub-Zero, not Apple, is responsible for addressing any claims by you or any third party relating to the Mobile App and/or your use of the Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; (f) in the event of any third party claim that the Mobile App or your possession and use of the Mobile App infringes that third party’s intellectual property rights, Sub-Zero, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; and (g) Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use, and upon your acceptance of these Terms of Use, Apple will have the right to enforce these Terms of Use against you, as a third party beneficiary.

Compliance with Export Laws

 You may not use or otherwise export or re export the Services or the Mobile App, except as authorized by United States law, Canadian law, and the law of any other applicable jurisdiction. In particular, you may not export or re export the Services or the Mobile App to any United States embargoed country or to anyone on any U.S. Government list of prohibited or restricted parties, including, but not limited to, the United States Treasury Department’s list of Specially Designated Nationals or the United States Department of Commerce Denied Persons List or Entity List. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

Applicable Laws

These Terms of Use are governed by the laws of the State of Wisconsin, without reference to its conflicts of law principles. Sub-Zero makes no representation that the Services or the Mobile App are appropriate or available for use outside the United States or Canada and access to them from territories where their contents are illegal is prohibited.

General

No Waiver. No waiver by us of any term or condition set forth in these Terms of Use shall be deemed a waiver of such term or condition, or any other term or condition, and any failure of Sub-Zero to assert a right under these Terms of Use shall not constitute a waiver of such right.

Severability. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent, such that the remaining provisions of these Terms of Use will continue in full force and effect.

Assignment. Except as expressly permitted under these Terms of Use, you may not assign, transfer, delegate, or sublicense any or all of your rights or obligations under these Terms of Use. Sub-Zero may assign, transfer, delegate, or sublicense any or all of our rights or obligations under these Terms of Use without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Entire Agreement. These Terms of Use and the Use and Care Guide constitute the sole and entire agreement between Sub-Zero and you with respect to your use of the Services, the Content and the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties with respect thereto.

Changes and Updates to These Terms of Use

We may, from time to time, update these Terms of Use in our sole discretion. We will prominently display any changes to these Terms of Use on the top of these Terms of Use, on our website or by other means of communication. We may also provide electronic notice of a change to your registered electronic device or email address.

If we make material changes to these Terms of Use, we will notify you of the changes when you access the Mobile App or the Services and you will be asked to accept the updated Terms of Use by clicking on the accept button. You will be required to accept the revised terms prior to continuing to use the Mobile App or the Services. You will not be able to access the Services, the Content or the Mobile App until you accept the updated Terms of Use.

We encourage you to review our Terms of Use from time to time for updates. By continuing to use the Services or the Mobile App, you agree that you accept those changes to these Terms of Use.

Information or Complaints

If you have any questions or feedback about the Services or the Mobile App, please contact Sub-Zero customer service at (800) 444-7820 or [email protected].