RESERVATION AGREEMENT

PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS A BINDING ARBITRATION AGREEMENT (SEE SECTION 16 BELOW) AND IT AFFECTS YOUR AND LIVELARGE’S RIGHTS, INCLUDING THE RIGHT TO SUE IN COURT OR JOIN A CLASS ACTION.

This Reservation Agreement (this “Agreement”) governs the placing of a reservation (“Reserve” or “Reservation”) with LiveLarge Home, Inc., a California corporation (“LiveLarge” or “we” or “us”), for a POD PRO or a POD MAX unit (“POD”). Please read all of this Agreement carefully before submitting your Reservation. By submitting your Reservation, you agree to b e legally bound by this Agreement.

1. No Obligations

Each Reservation you submit for a POD acts as a deposit for a future purchase of the POD. You are under no obligation to purchase a POD from us, and we are under no obligation to supply you with a POD.

This Agreement is not a final sales contract for a POD. Rather, it reserves your early access to delivery opportunities. Final pricing, production schedule, delivery date, and the configuration of your POD will be confirmed when you complete your purchase by signing LiveLarge’s standard Final POD Purchase Agreement (“Final Sales Agreement”). The Final Sales Agreement will include additional terms and conditions, including the final price sheet for the POD you ultimately select (“Your Selected POD”). Additional payment, including any applicable taxes and government fees, will be required at that time.

We may decline Reservations to avoid over-subscription or as we deem appropriate in our sole discretion. If your Reservation is declined, you will be notified, and your Reservation payment will be refunded.

2. Reservation Eligibility: Age and Residency; Entity Reservations

You must be at least 18 years of age and a resident of the United States to Reserve a POD. By agreeing to this Agreement, you represent and warrant to us that you are at least 18 years of age and a resident of the United States. If you are Reserving a POD on behalf of a company, organization, or entity (an “Entity”) located in the United States, you represent and warrant that you have the authority to bind that Entity to this Agreement and such Entity agrees to be bound by This Agreement.

3. Registration

When placing a Reservation for a POD, you are required to provide certain basic information. You represent and warrant that all such information provided is accurate, and it is your responsibility to keep this information current at any time by emailing info@livelargetech.com. LiveLarge shall not be liable for inaccurate or outdated information.

4. Payment and Discount Eligibility

You will be charged the fee indicated (the “Reservation Fee”) when you place your Reservation. Placing a Reservation constitutes your express agreement to be charged the Reservation Fee using your provided payment method. Your payment will be released for application towards the final sales price of Your Selected POD when you execute the Final Sales Agreement. Your payment is subject to LiveLarge’s payment terms and conditions under Section 17 below.

You will be eligible for a discount offered by LiveLarge applicable to the POD, subject to the promotional terms and conditions that are in effect at the time you place your Reservation. Eligibility for a discount is determined based on the promotional offer available at the time your Reservation is submitted and in accordance with the then-current terms and conditions. LiveLarge reserves the right to modify or discontinue future promotional offers at any time; however, any discount for which you became eligible at the time of your Reservation will remain applicable in accordance with its terms.

5. No Guarantee of Delivery Date

You are Reserving a POD without specifying the model, features, and options. We will endeavor to produce Your Selected POD in the future and your priority will be set by the date of payment of your Reservation Fee, our manufacturing schedule, our delivery and service operations availability, and execution of the Final Sales Agreement. There is no guarantee as to the delivery date based on your Reservation.

6. Cancellation/Refund

You may cancel your Reservation and receive a full refund of your Reservation Fee at any time by sending an email to info@livelargetech.com from the email address you used to make the Reservation. You will receive your refund within approximately 10-15 business days. LiveLarge may cancel your Reservation at any time and will issue a full refund of your Reservation Fee to the original payment on file.

7. POD Configuration

You understand that we may not have completed the development of the POD or begun manufacturing the POD at the time of your Reservation and specifications are subject to change at any time. You understand configuration and/or specifications of the POD and other available features have not yet been determined and may change, even after features are announced. By agreeing to this Agreement, you represent and warrant to us that you understand that the POD configuration may change prior to the execution of any Final Sales Agreement.

8. Privacy Policy and Terms of Use

The data LiveLarge and/or its affiliates collect from you or about Your Selected POD will be used in accordance with our Terms and Conditions, which are incorporated herein by reference and available on our website at http://livelargetech.com. Please read our Terms and Conditions carefully to understand the data that we collect and our practices regarding your information, and how it will be treated. If you have questions regarding our Terms and Conditions, you should contact us by email at info@livelargetech.com.

9.Force Majeure

The obligations of you and LiveLarge under this Agreement (other than your payment obligations) will be suspended to the extent that such party is wholly or partially precluded from complying with its obligations under this Agreement by force majeure. Force majeure includes, but is not restricted to, fire, storm, flood, earthquake, explosion, accident, act of the public enemy, war, rebellion, insurrection, sabotage, outbreak, epidemic, public health emergency, quarantine restriction, labor dispute, labor shortage, transportation embargo or failure, curtailment or delay in transportation, act of God, act (including laws, regulations, orders, advisories, disapprovals or failure to approve) of any government or public health agency or authority, whether national, statewide, municipal, or otherwise, or any other event or circumstance beyond such party’s control.

10. Severability

If for any reason a court of competent jurisdiction finds any provision, or portion of this Agreement, to be unenforceable, the remainder of this Agreement shall continue in full force and effect and the unenforceable provision shall be deemed to be modified solely to the extent necessary to make it enforceable.

11. Modification

This Agreement may not be modified, altered or amended unless expressly agreed to in writing signed by LiveLarge.

12. No Waivers

The failure by LiveLarge to enforce any right or provision of this Agreement will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of LiveLarge.

13. Assignment

You may not assign your rights under this Agreement without our express prior consent, which consent may be granted or withheld in our sole discretion. LiveLarge may assign this Agreement or your Reservation Fee in our sole discretion without your consent. Any assignment in violation of this Agreement will be null and void.

14. No Resellers; Discontinuation; Cancellation

LiveLarge and its affiliates may unilaterally cancel any order that (1) we believe has been made with the intent to resell the POD or otherwise has been made in bad faith, (2) you fail to schedule and complete the site feasibility study within sixty (60) days after the date of the Reservation, or (3) our site feasibility study concludes, in our sole discretion, that the project site you selected for the installation of the POD is not suitable for the installation of Your Selected POD. LiveLarge may also cancel your order if a POD, product, feature, or option is discontinued after you place your order.

The POD is intended for use only in the state where the POD is sold by LiveLarge to you, and service will be limited or unavailable outside of that state.

15. Limitation of Liability

NO CONSEQUENTIAL OR INDIRECT DAMAGES. EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL LIVELARGE OR ANY OF ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, LICENSORS AND PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE; (B) WHETHER OR NOT A PROPOSED DEFENDANT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

MAXIMUM LIABILITY. EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL LIVELARGE’S OR ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, LICENSORS AND PARTNERS AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS YOU PAID TO LIVELARGE PURSUANT TO THIS AGREEMENT.

16. Dispute Resolution—Arbitration AND Class Action Waiver

Mediation. The parties shall first in good faith attempt to amicably resolve any dispute, claim, or controversy arising hereunder or relating to the POD pursuant to mediation as a condition precedent to binding dispute resolution or litigation and any recovery of attorney's fees and costs under this Agreement. The mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association, JAMS or a mediator agreed upon by the parties. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the mediation. Mediation shall proceed in advance of binding dispute resolution proceedings or litigation, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order.

Arbitration. Any controversies or disputes arising out of or relating to this Agreement which cannot first be resolved pursuant to non-binding mediation as set forth above, shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served. The arbitrator(s) shall not have the authority to modify any provision of this Agreement or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement.

Class Action Waiver. The parties further agree that the arbitration shall be conducted in each party’s respective individual capacity only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND LIVELARGE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, NEITHER YOU NOR LIVELARGE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CONSUMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If a court (after exhaustion of all appeals) declares any of this Class Action Waiver unenforceable, then all other aspects of the case must be arbitrated first. After completing arbitration, the remaining (non-arbitrable) aspects of the case will then be decided by a court.

Small Claims Court. Subject to the Mediation and Arbitration requirements, either party may bring an individual action in small claims court consistent with the jurisdictional limits that apply to that forum.

Severability. If any arbitrator or court determines that any part of this Section 16, Dispute Resolution – Arbitration and Class Action Waiver is illegal or unenforceable, then such part will be eliminated and the remainder of Section 16, Dispute Resolution – Arbitration and Class Action Waiver will remain in force and effect and the unenforceable part shall be deemed to be modified solely to the extent necessary to make it enforceable.

Survival. This Section 16, Dispute Resolution – Arbitration and Class Action Waiver shall survive the end of this Agreement and/or your relationship with LiveLarge, including the end of any promotion or contest, opt-out of communication or other use or participation in any LiveLarge Product or Service.

Choice of Forum. Any dispute(s) deemed not subject to arbitration shall be litigated exclusively by either party in the United States District Court for the Northern District of California. If the United States District Court for the Northern District of California lacks subject matter jurisdiction, then any dispute(s) deemed not subject to arbitration shall be litigated exclusively by either party in the Superior Court of the State of California in the County of Santa Clara.

By agreeing to this Reservation Agreement, you acknowledge and agree to the terms and conditions of this Section 16, Dispute Resolution – Arbitration and Class Action Waiver.

17. Payment Method

Supported Payment Methods. Eligible payment methods are subject to change at any time. Direct deposit or wire transfer to LiveLarge’s bank account listed on the Reservation invoice or payments through a third-party payment service provider, Stripe, Inc. (“Stripe”), are the available options.

Payment with Third Party Payment Service Provider. You acknowledge and agree that when you elect to pay the Reservation Fee through Stripe(“Transactions”), the Transaction is solely between you and Stripe. You authorize Stripe to collect, analyze, and relay information generated in connection with Transactions. Transactions are subject to the terms and conditions governing your payment method and to any agreements between you and your financial institution. We are not a party to the user agreements of the issuer of your payment method or your financial institution. Nothing in this Section 17 modifies any such terms governing your relationship with the issuer of your payment method or with your financial institution. In the event of inconsistency between this Section 17 and the terms of the issuer of your payment method or the terms of your financial institution, this Section 17 will govern the relationship between you and LiveLarge with respect to the Transactions, and the terms of your issuer of your payment method or your financial institution will govern the relationship between you and such issuer or financial institution.

18. Choice of Law

This Agreement, its subject matter and its formation, and any related non-contractual disputes or claims, are governed by the laws of the State of California, without regard to choice or conflict of law principles, except as otherwise provided in the Arbitration Agreement.

19. Text Messages, Notifications, and Telephone Calls

By agreeing to this Agreement, you understand that by providing your wireless telephone number(s) now or in the future, you consent to be contacted at those numbers or addresses using prerecorded artificial voice messages and/or automatic telephone dial devices with non-marketing information about your POD, such as appointment reminders. You understand and agree that by providing your wireless telephone number you are consenting to receive calls or texts at that number. You also consent to receiving emails to any email address(es) you provide. You further understand and agree that these communications may contain your non-public information. You explicitly confirm that this consent covers the use of these contact methods to call or send text messages to the wireless telephone number(s) and to send text or email messages to the email address(es) you provide, for which you may incur a charge. Separately, we may seek your prior express written consent for marketing text messages or telephone calls. For all communications, you can control permission by contacting info@livelargetech.com.

20. Entire Agreement

Your Reservation confirmation, this Agreement, and our Terms and Conditions will be deemed the final and integrated agreement between you and us on the matters contained in this Agreement. It shall supersede all prior and contemporaneous representations, warranties, agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. In the event of any conflict between this Agreement, Terms and Conditions, this Agreement shall prevail.

21. Printed Agreement

A printed version of this Agreement and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.


Rev. April 2025