Waitlist Agreement

Last Updated: July 20, 2026

Important Notice

These Waitlist Terms and Conditions ("Terms") constitute a legally binding agreement between you ("you," "your," or the "User") and Type 2 Labs, Inc., a Delaware corporation ("Type 2 Labs," "we," "us," or "our"), regarding your participation in the Pilot Club Waitlist for the Lunar Exploration Club (the "Pilot Club Waitlist"), which is a paid waitlist for access to future lunar rover control time ("Rover Time").

PLEASE READ THESE TERMS CAREFULLY BEFORE PARTICIPATING IN THE PILOT CLUB WAITLIST

By clicking "I AGREE" and joining the Pilot Club Waitlist, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must not participate in the Pilot Club Waitlist. These Terms govern your participation in the Pilot Club Waitlist only, which is a pre-launch registration system that allows prospective users to register their interest in Rover Time. They do not govern your use of any other Type 2 Labs products or services, including Rover Time itself. When Rover Time becomes available to you, you will be required to agree to separate terms and conditions before you can access or use Rover Time. If you are not available to use Rover Time when your designated Rover Time period begins, your access to Rover Time may be rescinded in our sole discretion.

1. Eligibility

1.1 Eligibility Requirements

To participate in the Pilot Club Waitlist, you represent and warrant that:

  • (a) Age and Capacity: You are at least eighteen (18) years of age and have the full right, power, capacity and authority to enter into and perform your obligations under these Terms;
  • (b) Legal Standing: You will not enter the Pilot Club Waitlist if the laws of your country or other applicable jurisdiction prohibit you from doing so in accordance with these Terms;
  • (c) Compliance: Your participation in the Pilot Club Waitlist will not violate any laws, rules, regulations, ordinances, directives, acts, or requirements of any applicable jurisdiction;
  • (d) Accuracy: All information you provide to us is truthful, accurate, current, and complete, and you agree to maintain and update such information to keep it truthful, accurate, current, and complete;
  • (e) No Prohibited Activities: You will not use the Pilot Club Waitlist for any illegal activity or to violate any law.

1.2 Permitted Jurisdictions

The Pilot Club Waitlist is only available to residents of the US, UK, and Canada, unless otherwise prohibited.

1.3 Registration

  • (a) Upon completion of your payment for the Pilot Card as set forth in Section 2.2, you will be enrolled in and added to the Pilot Club Waitlist. Your Pilot Card (defined below) payment is a fee for placement on the Pilot Club Waitlist only, is not a deposit and is non-refundable (unless you request such refund within 30 days of payment or your Pilot Card is damaged, defective, misprinted, or materially not as described), including if you later elect not to participate in any future offerings or if Rover Time is delayed, modified, or not made available to you.
  • (b) You must provide accurate and complete information as requested by us to join the Pilot Club Waitlist.

2. Waitlist and Pilot Card

2.1 Waitlist Participation

  • (a) Purpose: The Pilot Club Waitlist allows you to register your interest in utilizing Rover Time when it becomes available.
  • (b) Access: Access to Rover Time from the Pilot Club Waitlist will be allocated on a first-come, first-served basis, determined by the order in which participants are added to the Pilot Club Waitlist. However, if Type 2 Labs determines, in its sole discretion, that you have violated these Terms, you may forfeit your place on the Pilot Club Waitlist and any associated priority for Rover Time.
  • (c) No Guarantee: Participation in the Waitlist does not guarantee use of the Rover Time or any particular position in any launch queue. Any communications or statements regarding the details of Rover Time, including but not limited to price and length of availability, are subject to change in our sole discretion.
  • (d) Discretionary Access: We reserve the right to grant or deny access to the Rover Time in our sole discretion.

2.2 Pilot Card

  • (a) Purpose: The "Pilot Card" is a paid product offered by Type 2 Labs that entitles you to placement on the Pilot Club Waitlist for potential future access to Rover Time, subject to these Terms and any additional terms made available by Type 2 Labs at the time Rover Time is offered. Type 2 Labs currently offers two Pilot Card options, the prices for which are as set forth on Type 2 Labs' website and may be updated from time to time in Type 2 Labs' sole discretion:
    • (i) Stainless Steel; and
    • (ii) Copper.
  • (b) Priority: The price or type of Pilot Card you purchase does not affect your place, rank, or priority on the Pilot Club Waitlist. Your purchase of a Pilot Card gives you only the contractual rights expressly set forth in this Agreement with respect to the Pilot Club Waitlist and does not provide any ownership interest, membership interest, equity interest, guaranteed reservation, guaranteed access time, guaranteed rover session, or other present right to use Rover Time.
  • (c) No Deposit; Non-Refundable Fee: The amount you pay for the Pilot Card is a fee for participation in the Pilot Club Waitlist only, is not a deposit, and is non-refundable except as expressly required by applicable law or as otherwise expressly stated in these Terms.

3. Prohibited Activities

You agree that you will not use the Pilot Club Waitlist to:

  • (a) Violate Laws: Violate any laws, including but not limited to privacy, data protection, or consumer protection;
  • (b) Infringe Rights: Infringe or violate the intellectual property rights or any other rights of third parties;
  • (c) Engage in Fraud: Engage in any fraudulent, deceptive, or manipulative activities;
  • (d) Harm Systems: Interfere with, disrupt, negatively affect, or inhibit other users from enjoying the Pilot Club Waitlist, or damage, disable, overburden, or impair the functioning of the Pilot Club Waitlist;
  • (e) Unauthorized Access: Attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Pilot Club Waitlist that you are not authorized to access;
  • (f) Reverse Engineer: Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Pilot Club Waitlist;
  • (g) Multiple Registrations: Register for the Pilot Club Waitlist more than one time;
  • (h) Use Automated Systems: Use any robot, spider, crawler, scraper, or other automated means or interface to access the Pilot Club Waitlist or extract data;
  • (i) Manipulation: Engage in any activity that could manipulate or artificially affect the Pilot Club Waitlist positions.

4. Privacy and Data Protection

4.1 Privacy Policy

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy which is incorporated by reference into these Terms. By participating in the Pilot Club Waitlist, you consent to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy.

5. Intellectual Property

5.1 Our Rights

All content, features, algorithms, models, code, designs, functionality, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and any other materials related to Pilot Club Waitlist, Rover Time, and/or the Pilot Card (the "Type 2 Labs IP") are owned by Type 2 Labs. Except as set forth in Sections 2.2(a) and 6.2, you shall have no rights to the Type 2 Labs IP.

5.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Type 2 Labs IP for access to the Pilot Club Waitlist.

5.3 Restrictions

You may not:

  • (a) Copy, modify, distribute, sell, or lease any part of the Type 2 Labs IP;
  • (b) Use the Pilot Club Waitlist or Pilot Card for any commercial purpose without our express written consent.

6. Disclaimers

6.1 No Warranties

THE PILOT CLUB WAITLIST AND PILOT CARD ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PILOT CLUB WAITLIST WILL BE ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

6.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TYPE 2 LABS, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR PARTICIPATION IN THE PILOT CLUB WAITLIST.

6.3 Cap on Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PROGRAM SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

7. Indemnification

You agree to indemnify, defend, and hold harmless Type 2 Labs, its affiliates, and their respective officers, directors, employees, agents, and representatives from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

  • (a) Your breach of these Terms;
  • (b) Your violation of any applicable law;
  • (c) Your violation of any rights of third parties; or
  • (d) Your use of the Pilot Club Waitlist.

8. Termination

8.1 Termination by You

You may terminate your participation in the Pilot Club Waitlist at any time by contacting us directly.

8.2 Termination by Us

We may terminate or suspend your access to and participation in the Pilot Club Waitlist immediately, without prior notice or liability, for any reason, including but not limited to:

  • (a) Breach of these Terms;
  • (b) Violation of applicable law;
  • (c) Fraudulent, abusive, or illegal activity; or
  • (d) Our decision to discontinue the Pilot Club Waitlist.

8.3 Effect of Termination

Upon termination:

  • (a) Your right to participate in the Pilot Club Waitlist will cease immediately;
  • (b) We may delete your data, unless otherwise required by law.

9. Dispute Resolution

9.1 Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law provisions. The Federal Arbitration Act governs the arbitration provisions below.

9.2 Arbitration

Any dispute arising under or related to these Terms or the Pilot Club Waitlist shall be resolved by final and binding arbitration administered by JAMS under its Comprehensive Arbitration Rules. The arbitration shall be conducted in Denver, Colorado, or via videoconference.

9.3 Class Action Waiver

ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS OF FIRST ACCEPTING THESE TERMS BY EMAILING SUPPORT@TYPE2LABS.CO WITH SUBJECT LINE "ARBITRATION OPT-OUT."

10. General Provisions

10.1 Entire Agreement

These Terms constitute the entire agreement between you and Type 2 Labs relating to Pilot Club Waitlist and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.

10.2 Waiver

No waiver of any provision of these Terms will be effective unless in writing and signed by an authorized representative of Type 2 Labs. The waiver by either party of a breach of any provision of these Terms shall not operate or be construed as a waiver of any other or subsequent breach.

10.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck from these Terms and the remaining provisions will remain in full force and effect.

10.4 Notices

All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, upon the first business day following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, addressed as follows: If to Type 2 Labs, to the address provided on our website; if to you, to the email address you provided to us.

10.5 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction.

10.6 Force Majeure

We will not be liable for any delay or failure to perform our obligations under these Terms due to any cause beyond our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, lockouts, or shortages of transportation, fuel, energy, labor, or materials.

10.7 No Third-Party Beneficiaries

These Terms are for the benefit of the parties hereto and their respective successors and permitted assigns and are not intended to benefit any third party or create any obligation or liability of a party to any such third party.

10.8 Relationship of the Parties

The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.

10.9 Electronic Communications

You consent to receive communications from us electronically. We may communicate with you by email or by posting notices on our website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. By registering with the Pilot Club Waitlist, you consent to receive electronic communications from us to the email address you provide at registration, including:

  • (a) Transactional communications related to the Pilot Club Waitlist and Rover Time;
  • (b) Informational communications about our services;
  • (c) Legal notices and updates to these Terms or other policies.

You may opt out of such communications at any time.

10.10 Survival

The following sections shall survive any expiration or termination of these Terms: Section 4, 5, 6, 7, 8, 9, and 10.

11. Contact Us

If you have any questions about these Terms, please contact us at: support@type2labs.co.

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