Terms and Conditions

Version 1.1 | Effective September 11, 2026

Member Agreement | United States

Myner AG  •  Gartenstrasse 6, 6300 Zug, Switzerland  •  CHE-202.314.864

1. Introduction and Acceptance

These Terms and Conditions (the “Terms”) form a legally binding agreement between you (the “Member,” “you,” or “your”) and Myner AG, a Swiss Aktiengesellschaft (limited company under Swiss law), with its registered office at Gartenstrasse 6, 6300 Zug, Switzerland, registered under CHE-202.314.864 (the “Company,” “Myner,” “we,” “us,” or “our”), governing your access to and use of the Myner platform, including any associated websites, mobile applications, APIs, and related services (the “Service”).

Myner is a data intelligence company. We collect data from Members and sell consumer intelligence derived from that data to commercial clients. By creating an account you acknowledge and consent to this business model.

BY CREATING AN ACCOUNT OR USING THE SERVICE YOU AGREE TO THESE TERMS AND OUR PRIVACY POLICY AT mynerapp.com/privacy. IF YOU DO NOT AGREE, DO NOT CREATE AN ACCOUNT.

These Terms include a binding individual arbitration provision and class action waiver in Section 16. New Members may opt out of arbitration within 60 days after they first agree to these Terms, as described in Section 16.2.3.

2. Definitions

3. Eligibility

3.1  You must be at least 16 years old to create an account. Age is verified at registration as described in the Privacy Policy. If we discover you are under 16, we will close your account and delete your data.

3.2  These Terms apply to Members located in the United States. Members in regions where the Service is not currently offered will be served under separate terms when those regions launch. You represent that you are located in a region in which the Service is currently offered.

3.3  Each individual may hold only one active account. Creating multiple accounts is a material breach of these Terms and may result in forfeiture of all earned rewards and termination of all associated accounts.

3.4  You agree to provide truthful, accurate, and complete information at registration and throughout your participation. Providing false information undermines research integrity and is grounds for immediate termination.

3.5  Capacity. By creating an account, you represent that you have legal capacity to be bound by these Terms. If you are a Minor Member, you additionally represent that you have the knowledge and permission of your parent or legal guardian to participate in the Service and to be bound by these Terms.

3.6  Re-agreement on Reaching Majority. When you reach the age of majority in your state of residence, your account will be flagged for re-agreement. You will receive a notice asking you to affirm these Terms in their then-current form. Until you re-agree, your account is in a limited-participation status: you may redeem your existing Vested Balance, but you cannot start new Data Activities and we will not initiate new sales of your personal information. Personal data already processed under your minor account is governed by the Terms in effect at the time of collection, and you retain all statutory rights to access, correct, delete, or restrict it.

4. Account Registration and Security

4.1  To use the Service, you must register by providing your username, email address, date of birth, and country and state of residence.

4.2  You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must not share your credentials with any third party.

4.3  Notify us immediately at security@mynerapp.com if you suspect unauthorized access to your account.

4.4  We are not liable for any loss arising from your failure to maintain account security, except where the loss is caused by our gross negligence or willful misconduct or where liability cannot be excluded under applicable law.

5. The Service

5.1  Data Activities available through the Service include:

• Survey completion: answering questionnaires, product and concept tests, diary and usage studies, and other structured research activities.  These surveys may include the submission of photos, videos and/or audio recordings.
• Receipt scanning: photographing or uploading purchase receipts for automated data extraction.
• Bank data connection: connecting a bank or card account via manual upload or open banking to share transaction history. Available only to Members aged 18 and over.
• Barcode scanning: scanning and providing imagery of specific products in specific locations as requested through Client research projects.

5.2  Precise location is optional. You are not required to enable location services to create an account, to participate in Data Activities, or to earn Myner Gold. You may choose to enable location as an optional contribution, and you may disable it at any time without penalty. Further details on how we collect and use location data, and your controls over it, are set out in the Privacy Policy.

5.3  Your participation in any specific Data Activity is voluntary. You may decline any invitation without penalty. The Service as a whole is a data intelligence platform, and your continued use constitutes ongoing consent to the data collection and sale model described in these Terms and the Privacy Policy.

5.4  We do not guarantee any minimum number of activity invitations or minimum reward earnings. Availability depends on Client demand, your profile, and our matching algorithms.

5.5  We may modify, suspend, or discontinue any part of the Service at any time. Material changes that affect your rights or reward earnings are governed by Section 17.

6. Data and Privacy

6.1  Your personal data is collected, used, shared, and sold as described in the Privacy Policy, which is incorporated into these Terms by reference. By creating an account you acknowledge that you have reviewed the Privacy Policy and consent to the practices described there, including the sale of personal information under the California Consumer Privacy Act. Where state law requires additional consents, authorizations, or disclosures with respect to your data, those state-specific requirements are described in the Privacy Policy and, where applicable, in state-specific notices linked from that Policy. Acceptance of these Terms does not substitute for any state-specific consent or authorization where one is required, including but not limited to the consents and authorization required under the Washington My Health My Data Act.

6.2  Your privacy rights, including the right to opt out of sale, sharing, and the use of your personal information for targeted advertising, the right, where required by applicable law, to request human review of automated decisions that significantly affect you (including registration rejection, account suspension, or forfeiture of rewards), and the other rights described in the Privacy Policy, may be exercised at any time through the channels set out in the Privacy Policy.

7. Rewards and Incentives

This Section sets out the terms of the Myner Gold rewards program. Capitalized terms used in this Section have the meanings given in Section 2.

7.1  Earning Myner Gold

7.1.1  You earn Myner Gold by completing Data Activities. Each activity type has its own reward rate. Reward rates reflect data value, Client demand, and activity complexity, and are displayed in the activity invitation, the completion ledger, and your account dashboard. Rates may change at any time based on market conditions; the rate displayed at the time you accept an activity invitation governs that activity.

7.1.2  Myner Gold is credited to your Vested Balance upon confirmed completion and quality validation of an activity, normally within 5 business days of activity completion. We may withhold Myner Gold for activities that fail quality checks, are submitted fraudulently, or are flagged as low-quality. Where required by applicable law, you may request human review of a withholding decision under Section 6.2.

7.1.3  There is no cap on the total amount of Myner Gold you can accumulate, subject to activity availability and these Terms.

7.1.4  Myner Gold does not expire while your account is active.

7.2  Nature and Restrictions

7.2.1  Myner Gold is an in-app reward currency. Its current redemption value is displayed in the app.

7.2.2  Myner Gold is personal to you. It may not be transferred, sold, gifted, bartered, or assigned to any other person or account. Any attempt to do so is void and may result in forfeiture.

7.2.3  Myner Gold has no value outside the Service and cannot be redeemed except as described in Section 7.3.

7.2.4  Myner is not a bank, money transmitter, or financial institution. Myner Gold is a reward program, not a financial services product, stored value, or a financial instrument.

7.3  Redemption

7.3.1  Minimum Threshold. You may redeem Myner Gold once your Vested Balance reaches the Minimum Redemption Threshold displayed in the app. The Minimum Redemption Threshold does not apply to redemptions initiated as part of voluntary account closure under Section 7.5.3 or as part of the notice period for an Inactive Account closure under Section 7.4.

7.3.2  Redemption Options. Available redemption options and their specific terms are displayed in the app and may change based on availability. Options may include cash withdrawal via bank transfer; gift cards from participating merchants; physical gold coins or bars; and cryptocurrencies (available only to Members aged 18 and over). Cash, gift card, and physical gold options are available to all Members regardless of age.

7.3.3  Operational minimums and fees. Some redemption options have operational minimums (for example, physical gold is only redeemable in whole-coin amounts; cash withdrawal via bank transfer is subject to a minimum of US$10 per transaction). Some options carry fees, including third-party fees that are determined by the third party at the time of transaction (for example, blockchain network fees on cryptocurrency redemptions). Standard Myner-imposed fees and operational minimums for each option are disclosed in the app prior to redemption. Variable third-party fees are disclosed at the time of transaction. Where your balance does not meet the operational minimum for a particular option, you may select any alternative option from those available in the app at your current balance level.

7.3.4  Processing. Redemption requests are processed promptly, typically within 5 business days of submission. Processing times for third-party gift cards or external delivery may vary. Redemption requests are final once processed. Refunds or reversals are not available except where required by applicable law or where we have made an error in processing.

7.3.5  Modifications to Redemption Options. We may add, modify, or discontinue any redemption option. We will publish the change with a stated effective date and notify Members by email or in-app notification. If a redemption option is discontinued, Myner Gold already queued for that option will be returned to your Vested Balance.

7.3.6  Limits and Verification. We may impose redemption limits as displayed in the app. We may require identity verification before processing redemptions above certain thresholds, consistent with our fraud prevention obligations. Verification requests will be communicated through your registered account.

7.4  Closure of Inactive Accounts

We may close an Inactive Account if it has remained an Inactive Account for at least 12 consecutive months. Before closure, we will notify you by email and in-app notification at least 30 days in advance. During the notice period, you may (a) reactivate your account by completing a Data Activity, or (b) redeem any positive Vested Balance through the redemption options described in Section 7.3, with the Minimum Redemption Threshold waived and operational minimums of individual options applying as described in Section 7.3.3. On closure, the data handling rules in the Privacy Policy apply. At closure, you may request a cash payout of your positive Vested Balance via bank transfer by contacting support@mynerapp.com. The Minimum Redemption Threshold is waived for the closure event.

7.5  Forfeiture and Account Closure

7.5.1  Forfeiture for Fraud or Material Breach. Myner Gold is forfeited immediately, without refund, if your account is terminated for fraud or for material breach of these Terms, including any conduct described in Section 7.6 (Anti-Fraud and Program Integrity). We may claw back Myner Gold earned through fraudulent or prohibited activity, including by offsetting against future earned Myner Gold where forfeiture has already occurred. Forfeiture under this Section is a remedy for fraud or material breach; it does not apply to ordinary voluntary closure (Section 7.5.3) or to closure of an Inactive Account (Section 7.4).

7.5.2  Minor Members. Forfeiture under Section 7.5.1 is enforceable against Minor Members on the same terms as adult Members because it is limited to fraud and material breach. Other contractual provisions become enforceable against a Minor Member as described in Section 3.6 (Re-agreement on Reaching Majority).

7.5.3  Voluntary Account Closure. You may close your account at any time. At closure, you may redeem any positive Vested Balance through the redemption options described in Section 7.3, with the Minimum Redemption Threshold waived for the closure event. Operational minimums of individual options continue to apply as described in Section 7.3.3 (for example, physical gold is only redeemable in whole-coin amounts), and where your balance does not meet a minimum for a particular option, you may request a cash payout via bank transfer via support@mynerapp.com. Standard fees and operational minimums are disclosed in the app prior to your redemption selection; variable third-party fees are disclosed at the time of transaction. Once you initiate closure, no further Data Activity participation or earning is possible. Any positive Vested Balance that remains unredeemed at closure is treated under applicable state unclaimed property law.

7.5.4  Unclaimed Property. We comply with applicable US state unclaimed property laws with respect to unredeemed Vested Balances.

7.6  Anti-Fraud and Program Integrity

7.6.1  The following conduct voids any Myner Gold earned through it and is a material breach of these Terms, subject to account termination and forfeiture under Section 7.5:

• Submitting fraudulent, altered, duplicated, or fabricated receipts, or receipts for transactions you were not a party to.
• Uploading bank statements that are altered, fabricated, or do not belong to you.
• Creating or using multiple accounts to accumulate Myner Gold.
• Using automated tools, bots, scripts, or AI-generated responses to complete Data Activities or simulate data submission.
• Reselling, brokering, or otherwise monetizing access to the Service or your account.
• Coordinating with others to submit identical or near-identical data to inflate activity counts.

7.6.2  We use automated and manual systems to detect fraud and reward manipulation. Accounts flagged for suspicious activity may be placed under review, with Myner Gold withheld pending investigation. We will notify you of any such review, and, where required by applicable law, you may request human review of the outcome under Section 6.2.

7.6.3  We may correct reward balances to remedy errors, including adjustments resulting from system errors, fraudulent activity by third parties, or incorrect application of earning rates.

7.7  Tax

You are solely responsible for any tax obligations arising from rewards received through the Service. Rewards may constitute taxable income in your jurisdiction; we recommend consulting a tax professional. Where Members are Minor Members, rewards may be subject to special rules including the United States Internal Revenue Code’s rules for unearned income of minors (commonly known as the “kiddie tax”). We may issue an IRS Form 1099 where required by law and where we hold the information necessary to do so; we may request tax-identification information from you for this purpose.

7.8  Financial Incentive Notice

The Myner Gold rewards program is a financial incentive in exchange for personal data under California Civil Code Section 1798.125. The good-faith value of an active Member’s annual data contribution to Myner, the calculation methodology, and the right to withdraw are set out in the Privacy Policy.

8. Member Conduct

8.1  You agree to use the Service honestly, in good faith, and in compliance with all applicable laws. The integrity of our research and the accuracy of the consumer intelligence we deliver to Clients depend entirely on authentic participation.

8.2  You must not:

• Provide false, misleading, or intentionally inaccurate information in any registration, profile, or survey response.
• Create or maintain more than one account, or create an account on behalf of another person.
• Repeatedly submit content that you have been asked not to submit, that you are not authorized to submit, or that you do not have the right to share with us.
• Use automated tools, bots, scripts, AI-generated responses, or any non-human means to complete Data Activities.
• Submit fraudulent, altered, duplicated, or fabricated receipts, or submit receipts for purchases made without your active participation.
• Upload bank statements that are altered, fabricated, or do not belong to you.
• Attempt to manipulate or exploit the reward system.
• Copy, reproduce, share, or publish survey questions, research concepts, or other materials presented to you through the Service, which are confidential to our Clients.
• Reverse engineer, decompile, or attempt to extract source code or algorithms from the Service.
• Interfere with or compromise the integrity or security of the Service or any associated systems.
• Use the Service for any unlawful purpose.

8.3  We use automated and manual quality assurance to maintain data integrity. Repeated low-quality, inconsistent, or suspicious responses may result in reduced activity access, account review, or termination, subject to your right to request human review under Section 6.2.

8.4  Effects of account closure. When you close your account or your account is terminated, your right to access the Service ends immediately. Your personal data is handled in accordance with the Privacy Policy and applicable law. Pooled or aggregated models trained on your historical data are not deleted, as your contribution is no longer identifiable once aggregated. Treatment of any positive Vested Balance at closure is governed by Section 7.4 (Inactive Account closure), Section 7.5.1 (forfeiture for fraud or material breach), or Section 7.5.3 (voluntary closure), as applicable.

9. Intellectual Property

9.1  The Service and all associated software, designs, text, trademarks, and content are owned by or licensed to Myner AG and protected by applicable intellectual property laws. You receive a limited, non-exclusive, non-transferable, revocable license to use the Service for the purpose of participating in Data Activities.

9.2  You retain ownership of original content you create. By submitting any content through the Service you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, analyze, aggregate, and derive intelligence from that content for the purposes of delivering the Service and providing consumer intelligence to Clients. This license is irrevocable with respect to content already incorporated into research deliverables and otherwise survives account closure on terms consistent with the Privacy Policy.

9.3  All Client materials presented to you through the Service (surveys, concepts, product information) are confidential to the applicable Client. You must not copy, share, or disclose them. This obligation survives termination of your account indefinitely.

9.4  Any feedback or suggestions you provide about the Service become our exclusive property. We may use feedback for any purpose without compensation.

10. Communications

10.1  By creating an account you consent to receive essential transactional communications related to your account: account security notices, registration and verification confirmations, redemption confirmations, support replies, and legal or policy notices. These communications are necessary to operate your account and cannot be opted out of while your account is active.

10.2  Activity invitations and other commercial communications (including messages designed to drive participation in Data Activities) may be sent to you as part of the Service and may be opted out of at any time through account notification settings or via the unsubscribe link in any email. Opting out of activity invitations means you will not receive invitations to participate in Data Activities and will not earn rewards through invitation-based participation; your account remains active and your existing Vested Balance is unaffected.

10.3 Product announcements and service updates. By creating an account you agree to receive product announcement emails from us: periodic messages about new features, product updates, improvements, and other developments relating to the Service. These messages are not essential transactional communications under Section 10.1. You are subscribed to product announcements by default when you create your account, and you may unsubscribe at any time via the unsubscribe link in any such email or through your account notification settings. Unsubscribing from product announcements does not affect the essential transactional communications described in Section 10.1, which continue while your account is active.

10.4  We may send you marketing communications. You may opt out at any time via the unsubscribe link in any email, through account notification settings, or by contacting us.

10.5  If you provide a mobile number and opt in to SMS, you consent to receive text messages from us. Message and data rates may apply. Text STOP to unsubscribe. Supported carriers: all major US carriers.

11. Third-Party Services

11.1  The Service uses third-party providers including for hosting and infrastructure, receipt processing, open banking connections, AI and language model processing, identity verification and fraud detection, payment processing, email delivery, customer support, custodial wallet services, bot and abuse detection, crash and performance monitoring, and analytics. Some of these providers are located outside the EEA, including in the United States; international transfers and the safeguards that apply are described in Section 7 of the Privacy Policy. The current sub-processor list is at mynerapp.com/subprocessors. Their use of your data is governed by our data processing agreements with them and the Privacy Policy.

11.2  Where Data Activities direct you to Client platforms, your interaction with those platforms may be additionally governed by the Client’s own terms, which will be presented before participation.

12. Termination

12.1  You may close your account at any time through account settings or by contacting privacy@mynerapp.com. At closure, you may redeem any positive Vested Balance as described in Section 7.5.3. Any positive Vested Balance that remains unredeemed at closure is treated under applicable state unclaimed property law in accordance with Section 7.5.4.

12.2  We may close your account on 7 days’ written notice. In that case, all earned Myner Gold becomes immediately redeemable regardless of the Minimum Redemption Threshold during the notice period; operational minimums of individual redemption options continue to apply as described in Section 7.3.3.

12.3  We may suspend or terminate your account immediately, without prior notice, if you breach any material provision of these Terms, engage in prohibited conduct under Section 8, compromise research or data integrity, or become subject to legal restrictions that prevent your participation. Forfeiture in those cases is governed by Section 7.5.1.

12.4  We may close inactive accounts under Section 7.4 once the conditions for closure of an Inactive Account have been met.

12.5  On termination, your right to access the Service ends immediately. Sections 6, 7.3, 7.4, 7.5, 7.6, 7.7, 8.4, 9, 13, 14, 15, 16, 17, and 18 survive termination.

13. Indemnification

You agree to indemnify, defend, and hold harmless Myner AG and its officers, directors, employees, and agents from any claims, losses, damages, and costs (including reasonable attorneys’ fees) arising from your breach of these Terms, your Content, your violation of any applicable law, or your fraudulent, dishonest, or negligent conduct in connection with the Service.

14. Disclaimers and Limitation of Liability

14.1  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

14.2  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL DOLLAR VALUE OF MYNER GOLD REDEEMED BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM; OR (B) US$100.

14.3  NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.4  Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any liability that cannot be excluded under applicable law.

15. Governing Law

15.1  These Terms are governed by the substantive laws of Switzerland, specifically the Swiss Code of Obligations, without regard to conflict of law provisions.

15.2  For US residents, mandatory consumer protection laws of your state of residence apply where they cannot be waived by contract. Nothing in these Terms deprives you of protections afforded by non-waivable provisions of applicable consumer protection law.

16. Dispute Resolution

16.1  Notice of Dispute and Informal Resolution

16.1.1  Before initiating any formal dispute process, the party raising a dispute must send the other party a written Notice of Dispute. Your Notice of Dispute must include your name, mailing address, account email, a description of the nature and basis of the claim, the specific relief sought, and a personal signature. Send your Notice of Dispute to disputes@mynerapp.com or to Myner AG, Gartenstrasse 6, 6300 Zug, Switzerland marked “Notice of Dispute.”

16.1.2  The parties will attempt in good faith to resolve the dispute informally for at least 60 days from receipt of a complete Notice of Dispute. Neither party may initiate arbitration or litigation before that 60-day period expires unless required to preserve a legal right.

16.2  Binding Arbitration (US Members)

16.2.1  For Members residing in the United States, any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved informally shall be resolved by final and binding individual arbitration administered by JAMS under its Consumer Arbitration Minimum Standards and its Consumer Arbitration Rules and Procedures, and, where the dispute is part of a coordinated filing, the JAMS Mass Arbitration Procedures, rather than in court, except as provided in Section 16.5.

16.2.2  Delegation. The arbitrator, and not any federal, state, or local court or agency, has exclusive authority to resolve any dispute relating to the formation, existence, validity, interpretation, applicability, enforceability, or scope of this arbitration agreement, including any claim that all or part of this arbitration agreement is void or voidable. The arbitrator also has exclusive authority to determine arbitrability of any claim.

16.2.3  Right to opt out. New Members may opt out of this arbitration agreement (Section 16.2) and the class action waiver (Section 16.3) by sending written notice to disputes@mynerapp.com within 60 days after the date you first agreed to these Terms. Your notice must include your name, account email, and a clear statement that you wish to opt out of arbitration. Opting out does not affect the application of any other provision of these Terms. If you opt out, the parties’ disputes will be resolved in the courts identified in Section 16.7.

16.2.4  Procedure. The arbitration will be conducted in English. Any in-person or telephonic hearing will take place at a location reasonably convenient to you within your county of residence, unless the parties agree otherwise in writing. For claims that do not exceed US$10,000, the arbitration will be conducted solely on the basis of written submissions unless you request a hearing or the arbitrator determines a hearing is necessary. The arbitrator’s decision is final and binding and may be entered as a judgment in any court of competent jurisdiction.

16.2.5  Costs. Payment of filing, administration, and arbitrator fees is governed by the JAMS Consumer Arbitration Minimum Standards and Rules.

16.2.6 Governing law of arbitration. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this Section 16.

16.3  Class Action Waiver

16.3.1  YOU AND MYNER AG EACH AGREE THAT ANY DISPUTE WILL BE BROUGHT AND RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

16.3.2  Severability of class waiver. If a court or arbitrator of competent jurisdiction determines that this class action waiver is invalid or unenforceable as to any claim or remedy, that claim or remedy (and only that claim or remedy) shall be severed and proceed in court rather than in arbitration. The remainder of Sections 16.2 and 16.3 will remain in effect, and individual disputes that are subject to arbitration will continue to be resolved in arbitration on an individual basis.

16.4  Jury Trial Waiver

16.4.1  TO THE EXTENT ANY CLAIM PROCEEDS IN COURT (INCLUDING CLAIMS WITHIN THE SMALL CLAIMS COURT EXCEPTION OR CLAIMS RELEASED FROM ARBITRATION UNDER SECTION 16.3.2 OR SECTION 16.2.3), EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY, EXCEPT WHERE PRE-DISPUTE JURY WAIVERS IN CONSUMER CONTRACTS ARE UNENFORCEABLE UNDER APPLICABLE LAW (INCLUDING, IN CALIFORNIA, UNDER GRAFTON PARTNERS L.P. v. SUPERIOR COURT, 36 CAL.4TH 944). IN THOSE JURISDICTIONS, THIS WAIVER DOES NOT APPLY.

16.5  Exceptions

16.5.1  Either party may bring an individual action in small claims court for disputes within the jurisdictional limit of that court. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or breach of confidentiality obligations.

16.6  Time to File

16.6.1  Any claim arising out of or relating to these Terms or the Service must be brought within one (1) year after the cause of action accrues, except where a longer non-waivable statutory limitation period applies under the law of your state of residence, in which case the longer period applies. A claim filed after this period is permanently barred.

16.7  Non-Arbitration Forum

16.7.1  For disputes not subject to Section 16.2, including disputes brought by Members who validly opt out of arbitration under Section 16.2.3, the parties submit to the exclusive jurisdiction of the state and federal courts located in your county and state of residence in the United States, subject to the non-waivable consumer protection rights of your state of residence under Section 15.2.

17. Modifications

17.1  We may modify these Terms from time to time. When we do, we will publish the updated version, set a new effective date in the document footer, and notify you by email or in-app notification. The notification will identify the change and the effective date.

17.2  Your continued use of the Service after the stated effective date of a modification constitutes acceptance of the modified Terms. If you do not accept a modification, you may close your account before the effective date and redeem any positive Vested Balance under Section 7.5.3.

17.3  We publish the current version of these Terms together with a change log identifying material changes and their effective dates. Prior versions are available on request by contacting privacy@mynerapp.com.

18. General

18.1  Entire Agreement. These Terms, together with the Privacy Policy at mynerapp.com/privacy, constitute the entire agreement between you and us for the Service.

18.2  Severability. If any provision is found invalid or unenforceable, it is modified to the minimum extent necessary, or severed, and the remaining provisions continue.

18.3  No Waiver. Failure to enforce any provision does not waive the right to enforce it later.

18.4  Assignment. You may not assign these Terms, in whole or in part, without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, reorganization, or sale of substantially all of our assets, with notice to you.

18.5  Force Majeure. Neither party is liable for failure or delay caused by circumstances beyond reasonable control, including natural disasters, pandemics, government actions, cyberattacks, or internet infrastructure failures.

18.6  Relationship. These Terms do not create a partnership, employment, or agency relationship. You are an independent participant.

18.7  Language. English is the authoritative version. Translations are for convenience only.

18.8  Headings. Section headings are for navigation only and do not affect interpretation.

18.9  No Third-Party Beneficiaries. These Terms do not confer any rights on any person other than you and Myner AG.

19. Contact

For general inquiries, contact support@mynerapp.com. For privacy and data rights matters, contact privacy@mynerapp.com. For reward program questions, contact rewards@mynerapp.com. For security issues, contact security@mynerapp.com. For dispute resolution, contact disputes@mynerapp.com. For legal notices, write to Myner AG, Gartenstrasse 6, 6300 Zug, Switzerland.

Acknowledgment

By creating an account you confirm that: you have read and understood these Terms; you have reviewed the Privacy Policy; you consent to the collection, use, profiling, and sale of your data as described in those documents; you meet the eligibility requirements in Section 3 and have the capacity described in Section 3.5; and you agree to be bound by these Terms, including the binding individual arbitration provision and class action waiver in Section 16, subject to your right to opt out under Section 16.2.3.

Change log:

Version 1.1 — effective on the date shown in the header above, for all Members. Supersedes Version 1.0 (effective May 18, 2026), which remains available on request by emailing privacy@mynerapp.com.

Material changes: precise location clarified as optional and not required to participate (§5.2); product announcements added as a default-on communication category with one-click unsubscribe (§10.3); activity invitations (§10.2) and marketing communications (§10.4) changed from opt-in to opt-out; arbitration opt-out window clarified to run 60 days from first agreement (§16.2.3); published change log and prior-versions-on-request added (§17.3).