PINCH Club

TERMS OF SERVICE

Last updated March 5, 2026

MASTER TERMS OF SERVICE
THIS DOCUMENT IS A LEGALLY BINDING CONTRACT. READ IT CAREFULLY.
IT CONTAINS A MANDATORY ARBITRATION PROVISION AND A CLASS ACTION WAIVER THAT AFFECTS YOUR LEGAL RIGHTS.

Effective Date: March 5, 2026

Version: 1.0

Operator: This Platform is owned and operated by PINCH CLUB LLC, a Wyoming Limited Liability Company (hereinafter “PINCH Club,” “Company,” “we,” “us,” or “our”).

ARTICLE I: PREAMBLE AND BINDING EFFECT

1.1. Acceptance of Terms. By accessing, browsing, or utilizing the PINCH Club website, mobile applications, or any associated digital infrastructure (collectively, the “Platform”), you—whether an individual, a medical practice, a healthcare provider, or a physician (collectively, “User” or “you”)—affirmatively acknowledge that you have read, understood, and agreed to be bound by these Master Terms of Service (“Terms” or “Agreement”). If you do not agree to every provision herein, you are strictly prohibited from using the Platform and must cease all access immediately.

1.2. Affirmative Consent Requirement. To ensure compliance with the Washington My Health My Data Act (MHMDA), the California Privacy Rights Act (CPRA), and the Colorado Privacy Act (CPA), access to the substantive features of the Platform—including the submission of any role-specific interest forms—is conditioned upon your affirmative, express consent. No implied or passive consent shall be recognized. By clicking “Introduce Yourself,” “Submit,” or any equivalent action on a PINCH Club form, you are executing a digital signature that carries the legal effect of a physical signature under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act).

ARTICLE II: DEFINITIONS

The following terms are defined for all purposes of this Agreement:

2.1. “Verified Practice” / “Verified Status”: Means solely and exclusively that a medical practice has successfully completed the Initial Administrative Verification process. This includes the one-time submission of a valid business license, proof of professional liability insurance, and the identification of an active Medical Director. The term “Verified” does not, and shall not be construed to, mean:

  • An ongoing guarantee of clinical excellence or safety.
  • A real-time confirmation of licensure status (which may lapse between audits).
  • A qualitative endorsement by PINCH Club of the medical outcomes produced by the Practice.

2.2. “Consumer Health Data”: Consistent with the standard established by Washington’s MHMDA, this refers to any information that identifies a Consumer’s past, present, or future physical or mental health status. This includes, but is not limited to, a Consumer’s search history within the Platform for specific aesthetic procedures (e.g., “Botox,” “Fillers,” “Laser Ablation”) and the identification of an “Inviting Practice” that suggests a pre-existing clinical relationship.

2.3. “Initial Administrative Verification” vs. “Ongoing Compliance”: “Initial Administrative Verification” is the duty of PINCH Club to audit a member at the moment of onboarding. “Ongoing Compliance” is the affirmative, non-delegable duty of each Member and the broader network community to report changes in licensure status, license lapses, or ethical breaches, as detailed in Article IX.

2.4. “Algorithmic Neutrality”: The requirement that the Platform’s sorting, ranking, and routing of consumer inquiries be governed by objective criteria—such as geographic proximity, chronological onboarding order, or randomization—without programmatic bias favoring any affiliated partner or equity interest of PINCH Club.

2.5. “Talent Discovery and Introduction”: The business-to-business service through which PINCH Club utilizes its proprietary database to connect Practices with potential Providers or Physicians. This service constitutes a matchmaking introduction only and is categorically distinct from “Recruiting” or “Employment Agency” services, as PINCH Club does not negotiate contracts or conduct clinical vetting.

ARTICLE III: MEDICAL DISCLAIMER AND CLINICAL INDEPENDENCE

3.1. Disclaimer of Medical Practice. PINCH CLUB IS NOT A MEDICAL PROVIDER. PINCH Club does not practice medicine, nursing, or any other regulated healthcare profession. The Platform is a digital marketing, technology licensing, and administrative services organization. Nothing on the Platform—including marketing copy regarding “excellence,” “standards,” or “benchmarks”—constitutes medical advice, diagnosis, or treatment.

3.2. Clinical Independence. Consistent with the Corporate Practice of Medicine (CPOM) doctrines of Colorado, California, Texas, and New York, PINCH Club exercises no control over the clinical operations of any member Practice. Practices and Physicians retain full, unilateral control over:

  • The selection of medical equipment and devices.
  • The pricing of all medical and aesthetic treatments.
  • The clinical protocols for patient intake and informed consent.
  • The supervision and direction of mid-level and nursing providers.

3.3. No Doctor-Patient Relationship. Your use of the Platform, the submission of an interest form, or the receipt of “PINCH Club Verified” status does not create a doctor-patient or provider-patient relationship between you and PINCH Club. PINCH Club is not a party to any clinical engagement that results from an introduction made via the Platform.

3.4. Corporate Structure Warranty. Every Commercial User (Practice/Physician) warrants that their specific business structure (e.g., MSO/PC alignment) has been reviewed by independent legal counsel and complies with the healthcare regulations of their operating state. PINCH Club is a technology vendor to your business; it is not a compliance consultant, and it assumes no liability for your structural regulatory compliance.

ARTICLE IV: ACCOUNT ELIGIBILITY

4.1. General Eligibility. The Platform is intended for residents of the United States who are at least 18 years of age. By creating an account, you warrant that you are not a resident of any jurisdiction where the use of the Platform would violate local healthcare or privacy statutes.

4.2. Practice Owners. Eligibility is restricted to owners, co-owners, or authorized practice managers of legitimate aesthetic medical facilities. You warrant that:

  • You possess a valid business license in your state of operation.
  • You maintain professional liability (malpractice) insurance with minimum limits of $1,000,000 per occurrence and $3,000,000 aggregate.
  • You have an active, identified Medical Director.
  • You agree to provide accurate, anonymized revenue data for the sole purpose of aggregated network benchmarking.

4.3. Injectors and Providers. Eligibility is restricted to licensed healthcare professionals (RN, NP, PA, MD, DO, or Esthetician) authorized by their state to perform aesthetic services. You warrant that:

  • Your license is currently active and unencumbered.
  • You are not currently under investigation by any state regulatory board.
  • You are not subject to any restrictive covenant that would prohibit your participation in the Platform or your pursuit of employment opportunities introduced by the Platform.

4.4. Physicians and Medical Directors. Eligibility is restricted to MDs and DOs. You warrant that:

  • You are board-certified in your respective specialty if so indicated on your profile.
  • You hold active, unrestricted licenses in every state where you seek to provide Medical Directorship via the Platform.
  • You acknowledge that you are solely responsible for verifying that your oversight of any practice matched via the Platform complies with the supervision requirements of the applicable State Medical Board.

4.5. Patients and Consumers. Eligibility is for individuals seeking aesthetic services. You acknowledge that your membership is currently a free directory access tier and that PINCH Club reserves the right to introduce paid premium tiers in the future, subject to an explicit, separate opt-in requirement.

ARTICLE V: COMMUNITY STANDARDS AND MEMBERSHIP

5.1. Curated Professional Network. You acknowledge that PINCH Club operates a curated network of aesthetic professionals who have collectively agreed to invest in their professional reputation and the integrity of the aesthetics industry. Membership is a revocable privilege extended to qualified professionals who meet and maintain the standards set forth in this Agreement.

5.2. Admission and Retention. Meeting the Initial Administrative Verification criteria (Article 2.1) is the minimum requirement for admission. Retention in the network is governed by your ongoing adherence to the Network Integrity obligations set forth in Article IX. PINCH Club reserves the right to de-verify or remove any member who, in PINCH Club’s sole discretion, fails to uphold the community standards set forth in this Agreement, even if no formal law has been violated.

5.3. Scope of Verified Status. Consistent with FTC Deceptive Advertising Guidelines, the “PINCH Club Verified” badge is earned through objective, pass/fail administrative criteria. You acknowledge that earning the badge confirms you have cleared the Initial Administrative Verification audit. You agree not to market the badge as an award for medical excellence or clinical superiority, as such characterizations would be factually unsubstantiated.

ARTICLE VI: GOVERNING LAW AND VENUE

6.1. Choice of Law. This Agreement, and all claims or causes of action (whether in contract, tort, or statute) that may be based upon, arise out of, or relate to this Agreement, shall be governed by and enforced in accordance with the internal laws of the State of Wyoming, including its statutes of limitations, without regard to any conflict-of-laws rule that would result in the application of the laws of a different jurisdiction.

6.2. Exclusive Venue. You expressly agree that any legal proceeding not subject to the Mandatory Arbitration provision in Article XVII shall be brought exclusively in the state or federal courts located in Cheyenne, Wyoming. You hereby irrevocably waive any objection to the laying of venue in such courts and any claim that such courts represent an inconvenient forum.

ARTICLE VII: FEES AND FINANCIAL TERMS

7.1. Flat-Fee Structure. To ensure compliance with the Florida Patient Brokering Act (Fla. Stat. § 817.505), California Business & Professions Code § 650, and New York Education Law § 6530(19), the financial relationship between PINCH Club and any Verified Practice is governed by a flat-fee structure. The Annual Verification Fee is consideration strictly for a bundled suite of technology and marketing services, including:

  • Digital profile hosting and directory placement.
  • Access to the member-only benchmarking dashboard.
  • Access to the curated Vendor Review database.
  • The administrative license and insurance audit (Initial Verification).

7.2. No Volume-Based Compensation. PINCH CLUB DOES NOT SPLIT FEES. You acknowledge and agree that fees paid to PINCH Club are fixed and do not fluctuate based on:

  1. The number of consumer leads or inquiries routed to your Practice;
  2. The number of patients who ultimately book a treatment;
  3. The dollar value of medical services rendered to a patient; or
  4. Any conversion rate metric.

Consumer inquiries are a non-monetized byproduct of your subscription. This structure is designed to comply with the “Marketing” and “Personal Services” safe harbors of applicable state healthcare fraud-and-abuse statutes.

7.3. Talent Discovery and Introduction Fees. The fee for a successful introduction to a Physician or Injector is a technology access fee. It is earned by PINCH Club upon the digital match—the point of mutual introduction—and is not a commission or placement fee based on the professional’s eventual salary or clinical billings. By paying this fee, the Practice warrants that it is paying for data access and platform matchmaking services, not for employment procurement services regulated under state Employment Agency Acts.

ARTICLE VIII: AFFILIATE PARTNERSHIP DISCLOSURE

8.1. Disclosure of Affiliate Partnership. User is hereby notified that PINCH Club, LLC maintains a strategic partnership with a specific aesthetic practice group based in Colorado (the “Affiliated Partner”). This relationship is limited to brand, marketing, and intellectual property collaboration.

8.2. Operational and Financial Separation. PINCH Club warrants that there is no operational or clinical crossover between PINCH Club and the Affiliated Partner. The Affiliated Partner is a network member subject to the same standard verification terms and fees as all other independent practices. PINCH Club does not share patient medical records, clinical protocols, or financial management systems with the Affiliated Partner.

8.3. Algorithmic Neutrality. PINCH Club is contractually bound to Algorithmic Neutrality as defined in Article 2.4. No programmatic preference is given to the Affiliated Partner in directory rankings, geographic visibility, or lead routing. The Affiliated Partner competes for consumer attention on the same objective, chronological, and proximity-based metrics as all independent network members.

8.4. Advisory Service Exclusion. To maintain the integrity of member-only advisory services, the Affiliated Partner and its employees are not permitted to access advisory services reserved for independent network members. This ensures that advisory resources remain focused on the growth and interests of independent members.

ARTICLE IX: NETWORK INTEGRITY AND MEMBER OBLIGATIONS

9.1. Ongoing Duty to Maintain Standards. Membership in PINCH Club is conditioned upon your affirmative, ongoing commitment to maintain the network’s integrity. Verified Status is not a one-time achievement; it is a continuing obligation subject to the requirements of this Agreement.

9.2. Mandatory Reporting of Adverse Events. Every Practice and Provider in the network has a contractual obligation to report the following to PINCH Club within forty-eight (48) hours of occurrence:

  1. The lapse, suspension, or revocation of any professional license (MD, RN, NP, PA).
  2. The termination of a Provider for reasons related to clinical safety, ethical misconduct, or patient harm.
  3. Any formal investigation by a State Medical or Nursing Board.
  4. The loss of Medical Director coverage.

9.3. Shared Liability for Failure to Report. If a Practice terminates a non-compliant or unlicensed provider and fails to report that termination to PINCH Club as required under Section 9.2, and that provider subsequently causes harm to another member of the network, the terminating Practice acknowledges that it has breached its obligations under this Agreement. The terminating Practice may be held contractually liable to the injured party for such breach, and PINCH Club reserves the right to immediately de-verify and permanently remove the non-reporting Practice from the network.

ARTICLE X: INTELLECTUAL PROPERTY AND NON-INTERFERENCE

10.1. Protection of the Network Ecosystem. PINCH Club has invested significant resources to aggregate and vet this network of aesthetic professionals. You acknowledge that the internal directory, messaging data, and provider availability statuses constitute the proprietary trade secrets of PINCH Club, protected under applicable federal and state trade secret law.

10.2. Prohibition on Unauthorized Solicitation. Verified Practices are strictly prohibited from using PINCH Club’s internal tools—including the messaging system, the provider directory, and the physician network—to solicit or recruit an employee or contractor away from another Verified Practice.

  • Permissible Hiring: This provision does not restrict your right to hire a provider who applies to your practice through external, off-platform channels (e.g., LinkedIn, Indeed, or personal referral).
  • Prohibited Conduct: A violation occurs when PINCH Club’s proprietary data is used as the primary instrument of solicitation targeting a current member of the network. Such a breach constitutes grounds for immediate termination of membership without refund.

ARTICLE XI: INTELLECTUAL PROPERTY AND BRAND LICENSING

11.1. PINCH Club Branded Experiences. PINCH Club may, from time to time, offer specific “Branded Experience” packages (e.g., consult protocols, service names, loyalty mechanics). You acknowledge that these are the intellectual property of PINCH Club.

11.2. Licensing Structure. If you choose to offer a PINCH Club Branded Experience to your patients:

  1. You license the intellectual property from PINCH Club for a fixed, flat licensing fee.
  2. You sell the experience directly to the patient at a price determined solely by you.
  3. The patient pays you directly. PINCH Club does not receive any portion of the patient payment for the service.
  4. You retain 100% of the clinical revenue.

This structure is required to ensure compliance with CPOM and fee-splitting laws. Any attempt to share the patient’s payment with PINCH Club is a material breach of this Agreement.

ARTICLE XII: DATA PRIVACY AND COMPLIANCE

12.1. Uniform Privacy Standard. While PINCH Club is a Wyoming-based entity, the Platform voluntarily applies a uniform, high-standard privacy framework. By using the Platform, you acknowledge that PINCH Club treats all Consumer Health Data with the protections mandated by the Washington My Health My Data Act (MHMDA) and the California Privacy Rights Act (CPRA), regardless of your state of residence.

12.2. Affirmative Consent for Health-Seeking Data. In accordance with MHMDA, the collection of any data identifying your interest in medical or aesthetic procedures (e.g., submitting an inquiry for neurotoxins or dermal fillers) requires an unbundled, affirmative opt-in. By checking the consent box on any PINCH Club lead form, you are granting express consent for PINCH Club to:

  1. Collect your health-seeking behavioral data;
  2. Store that data in a secure, encrypted environment; and
  3. Transmit that data to the specific Verified Practice you have selected.

12.3. Data Transmission. When a Consumer submits an inquiry, PINCH Club acts solely as a secure data conduit. You are explicitly directing the Platform to transmit your information to a third-party medical provider. Upon successful transmission, that data becomes part of the Practice’s clinical or administrative record, and its protection falls under the Practice’s Notice of Privacy Practices (NPP) and applicable HIPAA obligations.

12.4. Analytics and De-Identification. PINCH Club retains a copy of lead form data for network integrity verification and platform analytics. You grant PINCH Club a perpetual, irrevocable license to use de-identified, aggregated data for industry benchmarking, provided such data cannot reasonably be linked back to an individual consumer.

12.5. Tracking Technologies and Cookies. The Platform uses cookies, web beacons, and similar tracking technologies to enhance user experience, analyze traffic patterns, and improve Platform functionality. These technologies may collect information about your device, browser, IP address, and usage patterns. You consent to this collection by using the Platform. You may disable cookies through your browser settings, though this may limit Platform functionality.

12.6. Third-Party Service Providers. PINCH Club engages third-party service providers to assist with Platform operations, including cloud hosting, email delivery, analytics, and payment processing. These providers have limited access to Consumer Health Data solely to perform services on behalf of PINCH Club and are contractually obligated to maintain the confidentiality and security of such data. A current list of service providers is available upon request to privacy@pinchclub.com.

12.7. Data Breach Notification. In the event of a data breach involving Consumer Health Data or personally identifiable information, PINCH Club will notify affected users within seventy-two (72) hours of discovery, or sooner if required by applicable law. Notification will be provided via email to the address associated with your account and will include: (a) the nature of the breach; (b) the types of data compromised; (c) steps taken to mitigate harm; and (d) contact information for further inquiries.

12.8. Data Storage. All data collected through the Platform is processed and stored on servers located within the United States. By using the Platform, you consent to the processing of your data in the United States.

ARTICLE XIII: DE-VERIFICATION AND ADMINISTRATIVE PROCESS

13.1. Revocability of Verified Status. Verified Status is a revocable license. PINCH Club reserves the right to de-verify any Practice or Provider who fails to maintain the Initial Administrative Verification standards or who violates the Network Integrity obligations set forth in Article IX.

13.2. De-Verification Process. PINCH Club adheres to the following administrative process prior to permanent de-verification:

  1. Notice of Inquiry: If a potential breach is identified, PINCH Club will issue written notice and may temporarily suspend the User’s visibility on the Platform.
  2. Cure Period: The User shall have fourteen (14) calendar days to provide exculpatory evidence or cure the identified deficiency (e.g., providing proof of a new Medical Director).
  3. Final Determination: If the deficiency is not cured within the cure period, PINCH Club will permanently de-verify the User.

13.3. Refund and Non-Disparagement. Upon permanent de-verification for administrative reasons not involving fraud or patient harm, PINCH Club will issue a pro-rata refund of the unused portion of the annual fee. In exchange, the User agrees to a binding non-disparagement covenant and waives all claims for defamation, libel, or business disparagement arising from the removal, provided PINCH Club does not publicly disclose the specific reasons for de-verification.

ARTICLE XIV: USER TERMINATION RIGHTS

14.1. Voluntary Termination. Users may terminate their account at any time by providing written notice to legal@pinchclub.com. Termination will be effective within thirty (30) days of receipt of notice.

14.2. Effect of Termination. Upon termination:

  1. Your profile will be removed from public view within 48 hours.
  2. Access to the Platform dashboard and proprietary tools will be revoked immediately.
  3. PINCH Club will retain archived data as required by law and for legitimate business purposes, including dispute resolution, regulatory compliance, and fraud prevention.
  4. No refunds will be provided for voluntary terminations.

14.3. Data Deletion Requests. Following termination, users may request deletion of their personal data by contacting privacy@pinchclub.com. PINCH Club will comply with deletion requests within sixty (60) days, except for data that must be retained to satisfy legal, regulatory, or contractual obligations.

ARTICLE XV: DISCLAIMERS AND ASSUMPTION OF RISK

15.1. NO WARRANTY OF CLINICAL EXCELLENCE. MARKETING TERMS SUCH AS “EXCELLENCE,” “CURATED,” OR “PREMIER” ARE ASPIRATIONAL IN NATURE AND DO NOT CONSTITUTE A WARRANTY OF MEDICAL OUTCOMES. PINCH CLUB DOES NOT AUDIT CLINICAL SKILLS, TECHNIQUE, OR AESTHETIC JUDGMENT.

15.2. MEDICAL RISK DISCLOSURE. AESTHETIC MEDICAL TREATMENTS INVOLVE INHERENT RISKS. VASCULAR OCCLUSION, TISSUE NECROSIS, PERMANENT BLINDNESS, BACTERIAL INFECTION, AND ANAPHYLAXIS ARE POSSIBLE COMPLICATIONS OF THE TREATMENTS OFFERED BY PRACTICES ON THIS PLATFORM. BY USING THIS PLATFORM TO FIND A PROVIDER, YOU VOLUNTARILY AND EXPRESSLY ASSUME ALL CLINICAL, BIOLOGICAL, AND PHYSICAL RISKS ASSOCIATED WITH ANY MEDICAL PROCEDURE.

15.3. INDEPENDENT DUTY TO VERIFY. PINCH CLUB’S ADMINISTRATIVE VERIFICATION REFLECTS A PRACTICE’S STATUS AT THE TIME OF ONBOARDING. YOU AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO PERFORM A REAL-TIME LICENSE VERIFICATION WITH THE APPLICABLE STATE REGULATORY BOARD (E.G., DORA IN COLORADO) PRIOR TO RECEIVING TREATMENT. PINCH CLUB ACCEPTS NO LIABILITY FOR A PROVIDER OPERATING WITH A LAPSED OR SUSPENDED LICENSE.

15.4. Children’s Privacy. The Platform is not directed to children under 13 years of age. PINCH Club does not knowingly collect personal information from children under 13. If you believe a child under 13 has provided information to the Platform, contact privacy@pinchclub.com immediately for removal.

ARTICLE XVI: LIMITATION OF LIABILITY AND INDEMNIFICATION

16.1. Liability Cap — Commercial Users. TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF THE STATE OF WYOMING, PINCH CLUB’S AGGREGATE LIABILITY TO ANY COMMERCIAL USER (PRACTICE, PHYSICIAN, OR PROVIDER) FOR ANY CAUSE OF ACTION SHALL BE LIMITED TO THE TOTAL FEES PAID BY THAT USER TO PINCH CLUB IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

16.2. Liability Cap — Consumer Users. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND IN CONSIDERATION OF THE FACT THAT THE PLATFORM IS PROVIDED TO CONSUMER USERS AT NO CHARGE, PINCH CLUB’S AGGREGATE LIABILITY TO ANY PATIENT OR CONSUMER USER SHALL BE LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW.

16.3. Indemnification. Commercial Users agree to indemnify, defend, and hold harmless PINCH Club, LLC, its officers, managers, members, employees, contractors, advisors, and other platform contributors from and against any third-party claims, lawsuits, or board actions arising out of:

  1. Clinical malpractice or negligence;
  2. Employment or contractor disputes;
  3. Billing fraud or insurance disputes; or
  4. Unauthorized use of patient Protected Health Information (PHI).

ARTICLE XVII: MANDATORY ARBITRATION AND CLASS ACTION WAIVER

17.1. Binding Arbitration. YOU AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY BINDING ARBITRATION IN CHEYENNE, WYOMING BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) PURSUANT TO ITS COMMERCIAL ARBITRATION RULES.

17.2. Arbitration Procedures. The arbitration shall proceed as follows:

  1. Initiation: The complaining party must file a demand for arbitration with AAA within one (1) year of the event giving rise to the claim.
  2. Discovery: Discovery shall be limited to document production and depositions of no more than three (3) fact witnesses per side, unless the arbitrator determines additional discovery is necessary.
  3. Hearing: The arbitration hearing shall be scheduled within ninety (90) days of the arbitrator’s appointment and shall be completed within three (3) business days unless complex issues require extension.
  4. Decision: The arbitrator shall issue a written decision within thirty (30) days of the conclusion of the hearing.

17.3. Class Action Waiver. YOU AND PINCH CLUB AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR PINCH CLUB WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, REPRESENTATIVE ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.

17.4. Exceptions to Arbitration. Notwithstanding the foregoing, either party may seek injunctive relief in a court of competent jurisdiction to prevent irreparable harm or to protect intellectual property rights.

ARTICLE XVIII: FORCE MAJEURE

18.1. Force Majeure Events. PINCH Club shall not be liable for any failure or delay in performance due to events beyond its reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental actions, cyberattacks, widespread internet outages, or failures of third-party hosting providers.

18.2. Notification and Mitigation. In the event of a force majeure occurrence, PINCH Club will: (a) notify affected users within forty-eight (48) hours; (b) make reasonable efforts to mitigate the impact; and (c) resume performance as soon as reasonably practicable.

18.3. Extended Force Majeure. If a force majeure event prevents Platform operation for more than thirty (30) consecutive days, either party may terminate the Agreement with written notice. Commercial users will receive a pro-rata refund for the period of non-operation.

ARTICLE XIX: MISCELLANEOUS PROVISIONS

19.1. Entire Agreement. These Master Terms, along with any persona-specific supplemental agreements, constitute the entire agreement between you and PINCH Club and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral.

19.2. Severability. If any provision of these Terms is found to be unenforceable by an arbitrator or court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving the parties’ original intent.

19.3. Amendments. PINCH Club reserves the right to amend these Terms at any time. Material changes will be communicated via email to the address associated with your account and by prominent notice on the Platform at least thirty (30) days prior to the effective date. Your continued use of the Platform after such notice constitutes acceptance of the amended Terms. If you do not agree to the amendments, you must terminate your account prior to the effective date.

19.4. Waiver. No waiver of any term or condition of this Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition. PINCH Club’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

19.5. Assignment. You may not assign or transfer these Terms or your rights hereunder without PINCH Club’s prior written consent. PINCH Club may assign these Terms without restriction, including to any successor entity in connection with a merger, acquisition, or sale of assets.

19.6. Survival. The following provisions shall survive termination of this Agreement: Article II (Definitions), Article VI (Governing Law), Article X (Intellectual Property and Non-Interference), Article XII (Data Privacy — retention provisions), Article XVI (Limitation of Liability and Indemnification), Article XVII (Arbitration), and Article XIX (Miscellaneous).

19.7. Headings. The headings and captions used in these Terms are for convenience only and shall not affect the interpretation of these Terms.

19.8. Contact Information. All legal notices, requests, and correspondence regarding these Terms should be directed to:
Email: legal@pinchclub.com
Postal Address:
PINCH CLUB, LLC
30 N Gould St, Ste R
Sheridan, WY 82801
Attn: Legal Department

For data privacy requests, contact: privacy@pinchclub.com