TERMS OF SERVICE

Last Updated: August 18, 2025

[SECTION 10 CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. BY AGREEING TO THESE TERMS, YOU AGREE (A) TO RESOLVE ALL DISPUTES (WITH LIMITED EXCEPTION) RELATED TO FLOVA.AI'S SERVICES AND/OR PRODUCTS THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND (B) TO WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS, AS SET FORTH BELOW. YOU HAVE THE RIGHT TO OPT-OUT OF THE ARBITRATION CLAUSE AND THE CLASS ACTION WAIVER AS EXPLAINED IN SECTION 10.]

Welcome to Flova.ai!

This Terms of Service ("Terms") constitutes a legally binding document between you ("User" or "You") and Flova.ai ("Flova.ai," "we," "us," or "our") concerning your use of the Flova.ai video agent service (the "Service").

Please read and fully understand all terms of this Terms before using the Service, especially those clauses that exclude or limit liability and those governing applicable law and dispute resolution. By registering for, logging into, or using the Service, you signify that you have read, understood, and agree to be bound by all terms of this Terms. If you do not agree with any part of this Terms, please cease using the Service immediately.

Changes. We may update these Terms of Service from time-to-time to reflect changes in legal, regulatory, operational requirements, our practices, and other factors. Please check these Terms of Service periodically for updates. [If any of the changes are unacceptable to you, you should cease interacting with us.] When required under applicable law, we will notify you of any changes to these Terms of Service. Any modifications to these Terms of Service will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). [In all cases, your use of the Services after the effective date of any modified Terms of Service indicates your acknowledging that the modified Terms of Service applies to your interactions with the Services and our business.]

1. WHO MAY USE THE SERVICES.

 1.1 By accessing the Services, you confirm that you are at least 13 years old and meet the minimum age of digital consent in your country. If you are old enough to access the Services in your country but not old enough to have the authority to consent to our terms, your parent or guardian must agree to our terms on your behalf. We encourage you to ask your parents or guardian to review these terms with you. If you are a parent or legal guardian and you allow your children to use the Services, these terms also apply to you, and you are responsible for your children's activity on the Services.

 1.2 You may not use the Services if you are banned from doing so under the laws of the United States, your place of residence, or any other applicable jurisdiction. By using the Service, you represent and warrant that you meet these requirements.

 1.3 Flova.ai tries to make its Services PG-13 and family friendly. However, the Outputs (defined below) generated by our artificial intelligence system are based on user queries and may not always align with our content guidelines. As this is an emerging technology, we cannot guarantee that the Outputs will always be suitable for all users. We encourage users to exercise discretion and judgment when interacting with the Services.

2. USE OF THE SERVICES.

 2.1 Flova.ai is a video agent that utilizes artificial intelligence to help users create, edit, generate, and process video content based on user instructions and provided materials. The Service is designed to facilitate your creative and professional workflows. The specific features and services are provided on an "as-is" basis and may be updated from time to time.

 2.2 The Services uses artificial intelligence tools and functionalities to process the information you provide, such as text prompts, directions, images, videos, or other content (referred to as "Inputs"). Based on these Inputs, the Services generates and returns outputs, which may include images, videos, sound effects, or other content (referred to as "Outputs"). Together, Inputs and Outputs are collectively known as "Content." Additionally, the Services may feature a public forum where your Content can be shared in a collaborative and productive environment with other users.

 2.3 To access the full functionality of the Service, you must create a Flova.ai account. You agree to provide accurate, complete, and current information during registration. You are responsible for safeguarding your account name and password and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account. Your account is for your personal use only and may not be shared, transferred, or sold to any other party.

 2.4 When you use the voice cloning function of our Services, you may upload certain audio samples to our Services and customized audio clips can be generated. You represent and undertake that you have the full right to upload and generate such audio samples and clips and does not violate any applicable laws or third parties' rights.

 2.5 We may offer various subscription plans, including free trials and paid plans ("Paid Services"). The features and pricing for different Paid Services will be published on our website. For Paid Services, you agree to pay all applicable fees. All fees are non-refundable, except as required by law. We reserve the right to change subscription fees and plans at any time. Any price changes will be communicated to you before your next billing cycle.

 2.6 Your Account is intended for use by a single user only. These Services are designed for your personal and non-commercial use and should not be shared with other individuals unless explicitly permitted by your subscription plan.

 2.7 We use Stripe and PayPal as our third-party service providers for payment services through our Services (e.g., card acceptance, merchant settlement, and related services) ("Payment Service Providers"). If you subscribe to any of our Paid Services, you will be required to provide your payment details and any additional information required to complete your order directly to our Payment Service Providers. You agree to be bound by the Terms of Service and Privacy Policy of these Payment Service Providers and hereby consent and authorize Flova.ai, Stripe and PayPal to share any information and payment instructions you provide with one or more Payment Service Providers to the minimum extent required to complete your transactions. Please note that online payment transactions may be subject to validation checks by our Payment Service Providers and your card issuer, and we are not responsible if your card issuer declines to authorize payment for any reason. For your protection, our Payment Service Providers uses various fraud prevention protocols and industry-standard verification systems to reduce fraud, and you authorize it to verify and authenticate your payment information. Your card issuer may charge you an online handling fee or processing fee. We are not responsible for this. In some jurisdictions, our Payment Service Providers may use third parties under strict confidentiality and data protection requirements for the purposes of payment processing services.

 2.8 We may offer certain promotional codes, referral codes, discount codes, coupon codes, or similar offers ("Promotional Codes") that may be redeemed for discounts on the Services or features or benefits related to the Services, subject to any additional terms that Flova.ai establishes. You agree that Promotional Codes (i) must be used in a lawful manner; (ii) must be used for the intended audience and purposes; (iii) may not be duplicated, sold, or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by Flova.ai; (iv) may be disabled or have additional conditions attached to them by Flova.ai at any time for any reason without liability to Flova.ai; (v) may only be used pursuant to the specific terms that Flova.ai establishes for such Promotional Code; (vi) are not valid for cash or other credits or points; and (vii) may expire prior to your use.

 2.9 From time to time, we may, in our sole discretion, include certain test or beta features or products in the Services ("Beta Offerings") as we may designate from time to time. Your use of any Beta Offering is completely voluntary. The Beta Offerings are provided on an "as is" basis and may contain errors, defects, bugs, or inaccuracies that could cause failures, corruption or loss of data and information from any connected device. You acknowledge and agree that all use of any Beta Offering is at your sole risk. You agree that once you use a Beta Offering, your content or data may be affected such that you may be unable to revert back to a prior non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Offering back to the prior non-beta version. If we provide you any Beta Offerings on a closed beta or confidential basis, we will notify you of such as part of your use of the Beta Offerings. For any such confidential Beta Offerings, you agree to not disclose, divulge, display, or otherwise make available any of the Beta Offerings without our prior written consent.

 2.10 Flova.ai reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Flova.ai will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. You may need to update third-party software from time to time in order to use our Services.

3. PAID SERVICES AND PAYMENTS

 3.1 Paid Services

 Certain services or specific portions thereof are only available to paid subscription users. Depending on the type of subscription plan you select at the time of purchase, you will pay in advance on a periodic basis (monthly or annually). Paid Services may include, but are not limited to, Starter Plan, Basic Plan, Pro Plan, and any other premium offerings available on the Platform. Whether you are using Free Services or purchasing or subscribing to Paid Services, you agree to use these Services only in compliance with these Terms and all applicable laws and regulations. The scope, features, pricing, and applicable terms of each Paid Service are detailed on the corresponding product or purchase page within the Platform. You are responsible for reviewing these details before purchasing or subscribing.

 3.2 Purchase and Subscription Terms for Paid Services

 You may purchase or subscribe to our Paid Services through your payment account (such as a Google Account) or other accounts, by paying the applicable subscription fees, one-time fees, and any required taxes in advance, using the currency of your jurisdiction. Payment methods and processes shall be governed by the terms of the respective platform you use (the "Payment Processor"). You acknowledge and agree that any applicable taxes may be added to the displayed fees and charged accordingly in accordance with the applicable laws in your jurisdiction. Failure to pay the required fees and applicable taxes may result in the denial, suspension, or termination of your access to Paid Services. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your billing account upon demand. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.

  3.2.1 Subscription Method: You may subscribe to Paid Services through designated payment channels provided by the Payment Processor, and shall pay the fees and applicable taxes in advance according to the pricing of the selected plan (tax standards shall be subject to the regulations of your jurisdiction).

  3.2.2 Auto-Renewal: If you select an auto-renewing subscription, the system will automatically deduct fees for renewal at the current pricing upon the expiration of the billing cycle. You may cancel auto-renewal through your account settings before the end of the current cycle, and no subsequent fees will be incurred after cancellation.

  3.2.3 By subscribing under the auto-renewal model, you expressly authorize Google or any other relevant platform to:

  (a) Store your payment information (e.g., credit card or debit card details) and charge your selected payment method at the start of each renewal period, unless you cancel in accordance with the applicable cancellation procedures; and

  (b) Calculate and apply any applicable taxes based on the billing and location information you provide at the time of purchase.

  (c) If the amount to be charged to your billing account exceeds from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction.

  3.2.4 Please review the subscription management settings and cancellation policies of the relevant platform of the Payment Processor (e.g., through your Google Account settings) to manage your subscription or prevent auto-renewal.

  3.2.5 Modification and Termination of Subscription: The Company reserves the right to adjust the features, pricing, and subscription models of Paid Services. Such adjustments will not retroactively affect the rights and interests of users who have already subscribed to Paid Services, unless required by applicable laws or necessary to address legal, technical, or security-related issues.

  3.2.6 User Obligations: When subscribing to Paid Services, YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT YOUR ACCOUNT SETTINGS WITH THE APPLICABLE PLATFORM OR THROUGH THE METHODS PROVIDED BY US. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE. Failure to pay fees or applicable taxes on time may result in the denial, suspension, or termination of your access to Paid Services.

 3.3 Renewal and Cancellation of Paid Services

  3.3.1 You may select the specific plan you wish to purchase or subscribe to, based on the Paid Services available in your region.

  3.3.2 If you select a fixed-term subscription, the subscription will automatically expire at the end of the term.

  3.3.3 If you select an auto-renewing subscription, it will automatically renew for the same duration as the previous term, unless otherwise specified by the Platform. Your payment method will be charged at the start of each renewal period, unless you cancel or modify your subscription before the end of the current term.

  3.3.4 If you decide not to renew, to avoid subsequent charges, you must cancel your subscription through your account before the renewal date.

 3.4 Refund Policy

  3.4.1 Except as required by applicable laws, all payments for subscriptions, Credits, or other paid features are final and non-refundable. You acknowledge that once access to Paid Services or Credits is granted to you, the Company has fully fulfilled its obligations, and no refunds will be issued.

  3.4.2 Under exceptional circumstances, the Company may, at its sole discretion, consider requests for partial refunds. If approved, the refund amount will be calculated based on the proportion of unused Credits. If no credits have been used after payment, a full refund will be processed according to the payment details—all of which exclude any discounts, promotional benefits, or taxes paid. If relevant taxes, transaction fees, etc., have been incurred, they will be deducted from the refund amount. The final decision on refund eligibility and the specific refund amount rests entirely with the Company.

  3.4.3 For any refund inquiries, please contact [email protected]. Refunds will be processed using the same payment method you used for the original purchase.

  3.4.4 This policy does not limit any rights you may have to claim a refund under applicable laws.

4. YOUR RIGHTS AND RESTRICTIONS

 4.1 You are permitted to use the Services solely for your personal, non-commercial use, unless your subscription plan specifically allows for commercial use during designated periods or for specific features. This permission is subject to your compliance with these Terms and our policies. If any software, content, or other materials owned or controlled by us are distributed to you as part of your use of the Services, we hereby grant you a personal, non-assignable, non-sublicensable, non-transferable, and non-exclusive right and license to access and display such materials solely for the purpose of using the Services as permitted by these Terms. Please note that your access and use of the Services may be interrupted from time to time for various reasons, including equipment malfunctions, periodic updates, maintenance, repairs, or other actions that Flova.ai may take in its sole discretion.

 4.2 The rights granted to you in these Terms are subject to your compliance with the restrictions set forth in this Section. You may not do any of the following in connection with your use of the Services, unless applicable laws or regulations prohibit these restrictions or you have our written permission to do so:

  4.2.1 Download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services, except for temporary files that are automatically cached by your web browser for display purposes, or as otherwise expressly permitted in these Terms.

  4.2.2 Use, reproduce, or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services; utilize framing techniques to enclose any trademark or logo located on the Services or any other portion of the Services (including images, text, page layout, or form); or use any metatags or other "hidden text" using Flova.ai's name or trademarks.

  4.2.3 Duplicate, decompile, reverse engineer, disassemble, or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same.

  4.2.4 Use automation software (bots), hacks, modifications (mods), or any other unauthorized third-party software designed to modify the Services.

  4.2.5 Exploit the Services for any commercial purpose (excluding periods for which your subscription plan permits commercial use), including without limitation communicating or facilitating any commercial advertisement or solicitation.

  4.2.6 Access or use the Services in any manner that could disable, overburden, damage, disrupt, or impair the Services or interfere with any other party's access to or use of the Services, or use any device, software, or routine that causes the same.

  4.2.7 Attempt to gain unauthorized access to, interfere with, damage, or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services.

  4.2.8 Circumvent, remove, alter, deactivate, degrade, or thwart any technological measure or content protections of the Services.

  4.2.9 Use any robot, spider, crawlers, scraper, or other automatic device, process, software, or queries that intercepts, "mines," scrapes, extracts, or otherwise accesses the Services to monitor, extract, copy, or collect information or data from or through the Services, or engage in any manual process to do the same (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).

  4.2.10 Introduce any viruses, trojan horses, worms, logic bombs, or other materials that are malicious or technologically harmful into our systems.

  4.2.11 Upload, submit, create, transmit, display, perform, post, store, or otherwise make available through the Services (all of the foregoing, "Make Available"), including your Content, any content that is unlawful, threatening, defamatory, obscene, excessively violent, deceptive, fraudulent, libelous, unethical, biased, pornographic, or profane, invasive of privacy or publicity rights, harassing, abusive, hateful, discriminatory, or cruel, or otherwise use the Services in a manner that is unlawful, threatening, defamatory, obscene, excessively violent, deceptive, fraudulent, libelous, unethical, biased, pornographic, or profane, invasive of privacy or publicity rights, harassing, abusive, hateful, discriminatory, cruel, or inciting, organizing, promoting, or facilitating violence or criminal activities.

  4.2.12 Make Available any Content that (i) constitutes unauthorized or unsolicited advertising, junk or bulk email; (ii) contains any personal information, such as financial, medical, or other sensitive personal information such as government identifications, passport numbers, or social security numbers; or (iii) involves contests, sweepstakes, barter, advertising, pyramid schemes, or other similar commercial activities or sales, without Flova.ai's prior written express consent.

  4.2.13 Use any part of the Services or Content to research, train, develop, improve, or fine-tune any machine learning or artificial intelligence products, models, or services that compete with our products and services.

  4.2.14 Post or otherwise Make Available a photograph of another person without that person's permission.

  4.2.15 Impersonate any person or entity, including any employee or representative of Flova.ai.

  4.2.16 Direct the Services to generate any Output in violation of any applicable intellectual property right, contractual restriction, or other law, or otherwise violate any applicable law or regulation in connection with your access to or use of the Services.

  4.2.17 Access or use the Services in any way not expressly permitted by these Terms.

5. RESPONSIBILITY FOR CONTENT.

 5.1 You agree that you, and not Flova.ai, are entirely responsible for Content that you upload, post, e-mail, transmit or otherwise Make Available through the Services (collectively, "Your Content"). You represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform, and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.

 5.2 The Services may include various types of content such as information, data, text, software, music, sound, photographs, graphics, videos, messages, tags, and other materials or content that are made available by other users ("User Content"). Flova.ai does not control or approve this User Content. Flova.ai makes no representations or warranties regarding User Content and does not endorse it. You acknowledge and agree that your use and interaction with any User Content is entirely at your own risk.

 5.3 You are entirely responsible for your interactions with other users of the Services and any other parties you interact with through the Services. Flova.ai reserves the right to intercede in any disputes between you and other users, but it has no obligation to do so. You agree that Flova.ai will not be liable for any losses or damages resulting from your interactions with other users.

 5.4 You acknowledge that Flova.ai is not obligated to pre-screen any Content, including User Content. However, Flova.ai reserves the right, in its sole discretion, to pre-screen, refuse, or remove any Content. By using the Services, you irrevocably consent to such monitoring activities. You understand and agree that you have no expectation of privacy regarding the transmission of your Content, including chat, text, or voice communications. If Flova.ai decides to pre-screen, refuse, or remove any Content, it will do so for its own benefit, not yours.

 5.5 Flova.ai may monitor or review the Services and Content at any time, but it is not obligated to do so. Flova.ai has the right, in its sole discretion, to remove any of your Content for any reason, including if such Content violates these Terms or any applicable law. While Flova.ai does not generally monitor user activity related to the Services or Content, if Flova.ai becomes aware of any possible violations of these Terms by you, Flova.ai reserves the right to investigate such violations. Flova.ai may, at its sole discretion, immediately terminate your license to use the Services or change, alter, or remove your Content, in whole or in part, without prior notice to you.

 5.6 You acknowledge that Flova.ai may establish general practices and limits regarding the use of the Service. These may include the maximum period that data or other content will be retained by the Services and the maximum storage space allotted on Flova.ai's or its third-party service provider' servers on your behalf. Flova.ai reserves the right to terminate accounts (and all of their corresponding Content) that are inactive for an extended period of time. Flova.ai also reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

6. OWNERSHIP

 6.1 The Services, including its "look and feel" (such as text, graphics, images, logos), proprietary content, information, and other materials, is protected by copyright, trademark, and other intellectual property laws. You acknowledge that Flova.ai and/or its licensors own all rights, title, and interest in and to the Services, including any and all intellectual property rights therein. You agree not to take any actions that would be inconsistent with such ownership interests.

 6.2 The Flova.ai name and logo, and all related names, logos, product and service names, designs and slogans are trademarks of Flova.ai or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

 6.3 To the fullest extent permitted by law, Flova.ai reserves the right, but not the obligation, to review or monitor Inputs and Outputs using automated and manual tools. Flova.ai does not claim ownership of any of your Inputs to the Services ("Your Inputs") or any of the Outputs you create with the Services ("Your Outputs"). As between us and you, to the extent we acquire any rights in any of Your Outputs, we hereby assign to you all right, title, and interest in and to Your Outputs. However, you acknowledge that due to the nature of generative artificial intelligence tools, Your Outputs may not be unique and users of the Services may create their own Output that is similar or the same as Your Output. You hereby waive and release Flova.ai and any of its users from any claim that another user's Output is the same as, or reproduces, any of Your Output.

  6.3.1 In connection with your use of the Services, you may be able to post, upload, submit, or otherwise make available information, data, text, software, music, sound, photographs, graphics, video, messages, tags, and/or other materials or content through the Services, including Your Inputs and Your Outputs ("Your Content"). To operate the Service, we need certain license rights in Your Content to ensure that our actions are not considered legal violations. By using the Services or uploading or otherwise making available Your Content, you grant us a license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, and modify (for technical purposes, e.g., ensuring content is viewable on smartphones, computers, and other devices) Your Content, but solely as required to operate, improve, promote, and provide the Services. You agree that these rights and licenses are royalty-free, transferable, sublicensable, worldwide, and irrevocable (for as long as Your Content is stored with us). They also include the right for us to make Your Content available to others with whom we have contractual relationships related to the Services, solely for the purpose of providing such Services. We may also disclose Your Content to third parties if we determine that such access is necessary to comply with our legal obligations. As part of this license grant, you agree that other users of the Services shall have the right to comment on and/or tag Your Content and/or to use, publish, display, modify, or include a copy of Your Content as part of their own use of the Services. However, this does not apply to any of Your Content that you post privately for non-public display on the platform used to provide the Services. To the fullest extent permitted by applicable law, Flova.ai reserves the right, and has absolute discretion, to remove, screen, edit, or delete any of Your Content at any time, for any reason, and without notice. By making Your Content available through the Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power, and/or authority necessary to grant the rights needed to make available (and allow us to use) Your Content in connection with the Services. You also represent and warrant that Your Content will not breach any law or any third party's terms and conditions nor infringe personal information rights and any rights and interests of any third party. You agree that you, and not we, will be solely responsible for any such breach or infringement.

  6.3.2 You represent and warrant that you will not monetize, make commercial use of, or otherwise use for any commercial purposes any of Your Outputs created with the Services during any period when you did not have a subscription plan that explicitly permits such commercial use.

  6.3.3 You acknowledge that, unless otherwise agreed between you and Flova.ai, Inputs, Outputs, and user interactions with the Services may be used by Flova.ai to train, enhance, evolve, and improve its machine learning models, artificial intelligence models, algorithms, and related technology, products, and services (including for labeling, classification, content moderation, and model training purposes) (collectively, "Models"). As such, you hereby grant to Flova.ai a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, fully paid, transferable, sublicensable right and license to use any Inputs and Outputs made available by you or otherwise generated in connection with your use of the Services at any point, in connection with the purposes described above. You acknowledge and agree that, notwithstanding the automated suggestions provided by the Services, you remain solely responsible for the content, legality, accuracy, and completeness of the Outputs, and any use thereof.

 6.4 Subject to the terms set forth herein, when you Make Available Your Content on any forums, comments, or other areas of the Services, or when you "like" content posted by other users on the Services, you hereby grant Flova.ai the express permission to identify you by your username (which may be a pseudonym) as the contributor of your content in any publication, in any form, medium, or technology, whether now known or later developed, in connection with your content.

 6.5 Flova.ai does not accept unsolicited materials or ideas for its content, features, or products. Flova.ai is not responsible for any similarity between its content, features, or products and any materials or ideas transmitted to Flova.ai. If you choose to send any unsolicited materials or ideas, you acknowledge that no additional consideration of any kind will be provided to you. You also waive any claim against Flova.ai and its affiliates regarding the use of such materials and ideas, even if Flova.ai uses a material or idea that is substantially similar to the one you submitted.

 6.6 We welcome your feedback, comments, and suggestions for improvements to the Services ("Feedback"). You acknowledge and agree that by providing Feedback, you do not and will not acquire any right, title, or interest in the Services or in the Feedback itself. All Feedback becomes the sole and exclusive property of Flova.ai. Flova.ai may use and disclose Feedback in any manner and for any purpose without further notice or compensation to you, and without you retaining any proprietary or other rights or claims. You hereby assign to Flova.ai any and all rights, titles, and interests (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights, and any other intellectual property rights) that you may have in and to any and all Feedback.

7. THIRD PARTY SERVICES AND MATERIALS.

 7.1 The Services may display, include, or make available content, data, information, applications, or materials from third parties ("Third Party Materials") or provide links to certain third-party websites. By using the Services, you acknowledge and agree that Flova.ai is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third Party Materials or websites. You use all links to third-party websites at your own risk. Flova.ai does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials, or third-party websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely for your convenience.

 7.2 The Services may provide tools that allow you to export information, including Your Content, to third-party websites. This can be done through features that enable you to link your Account with a third-party website or account, or through the implementation of third-party buttons (such as "like" or "share" buttons). By using these tools, you agree that Flova.ai may transfer the relevant information to the applicable third-party website. Flova.ai is not responsible for how third-party services use your exported information.

 7.3 The Services may contain information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials or content Made Available through the Services by other users ("User Content"). Flova.ai is not responsible for and does not control such User Content. Flova.ai does not approve or endorse, or make any representations or warranties with respect to, User Content. You agree that your use and interaction with all other User Content is at your own risk.

8. NOTICE OF INFRINGEMENT.

If you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing on the Services have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (the "DMCA"), by providing the following information in writing:

  • identification of the copyrighted work that is claimed to be infringed;

  • identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Service;

  • information for our copyright agent to contact you, such as an address, telephone number and e-mail address;

  • a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;

  • a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and

  • the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.

Notices of copyright infringement claims should be sent by mail to: Flova.ai, Attn: []; or by e-mail to [] with the title "DMCA Takedown Request". It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.

A user of the Services who has uploaded or posted materials identified as infringing as described above may supply a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter-notification, we may reinstate the posts or material in question, in our sole discretion. To file a counter-notification with us, you must provide a written communication (by regular mail or by email) that sets forth all of the items required by sections 512(g)(2) and (3) of the DMCA. Please note that you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others.

Flova.ai reserves the right to: (a) remove or refuse to post any of your Content in our sole discretion; (b) take any action with respect to any of your Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates the Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for Flova.ai; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and/or (e) terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of the Terms.

If Flova.ai becomes aware of any possible violations by you of these Terms, Flova.ai reserves the right to investigate such violations. If, as a result of the investigation, Flova.ai believes that criminal activity has occurred, Flova.ai reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Flova.ai is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Services, including Your Content, in Flova.ai's possession in connection with your use of the Services, to (i) comply with applicable laws, legal process or governmental request, (ii) enforce the Terms, (iii) respond to any claims that Your Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Flova.ai, its users or the public, and all enforcement or other government officials, as Flova.ai in its sole discretion believes to be necessary or appropriate.

9. DISCLAIMERS, LIMITATIONS OF LIABILITY, AND INDEMNIFICATION.

 9.1 DISCLAIMERS:

  9.1.1 Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, Flova.ai, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (the "Flova.ai Entities") DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The Flova.ai Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Services, including with respect to the results or output obtained from the use of the Services; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (c) the operation or compatibility with any other application or any particular system or device; and (d) whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis; and (e) the deletion of, or the failure to store or transmit, Your Content and other communications maintained by the Services. No advice or information, whether oral or written, obtained from the Flova.ai Entities or through the Services, will create any warranty or representation not expressly made herein.

  9.1.2 THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH IN SECTION 9.2 BELOW. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

  9.1.3 THE FLOVA.AI ENTITIES DO NOT REPRESENT OR WARRANT THAT YOU ARE THE LEGAL OWNER OF ANY OUTPUT, OR THAT ANY INPUT OR OUTPUT ARE PROTECTABLE BY ANY INTELLECTUAL PROPERTY RIGHTS, OR THAT ANY OUTPUT DOES NOT INCORPORATE, INFRINGE OR MISAPPROPRIATE THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY THIRD PARTY. YOU ACKNOWLEDGE THAT THE SERVICES LEVERAGES THIRD-PARTY SERVICES AND THAT FLOVA.AI IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD FLOVA.AI LIABLE, FOR THIRD-PARTY SERVICES, AND THAT THE RISK OF INJURY FROM SUCH THIRD-PARTY SERVICES RESTS ENTIRELY WITH YOU. YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY OUTPUT RESULTING THEREFROM. YOU SHOULD EVALUATE THE FITNESS OF ANY OUTPUT AS APPROPRIATE FOR YOUR SPECIFIC USE CASE.

  9.1.4 THE FLOVA.AI ENTITIES TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES.

  9.1.5 YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH THE FLOVA.AI ENTITIES WILL BE RESPONSIBLE FOR.

  9.1.6 YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THIRD PARTIES ON THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE FLOVA.AI ENTITIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE FLOVA.AI ENTITIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

 9.2 LIMITATIONS OF LIABILITIES.

  9.2.1 TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE FLOVA.AI ENTITIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING INDIRECT SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE FLOVA.AI ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES.

  9.2.2 TO THE EXTENT NOT PROHIBITED BY LAW, THE FLOVA.AI ENTITIES' TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE GREATER OF (I) THE TOTAL AMOUNT PAID TO FLOVA.AI BY YOU IN THE PAST SIX (6) MONTHS FOR THE SERVICES GIVING RISE TO SUCH LIABILITY; (II) $100; OR (III) IF APPLICABLE, THE STATUTORY REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES.

  9.2.3 THE FOREGOING LIMITATIONS IN THIS SECTION 9.2 WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND FLOVA.AI.

 9.3 INDEMNIFICATION.

  9.3.1 By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify and hold the Flova.ai Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) incurred by the Flova.ai Entities arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your misuse of the Services; (d) Your Content, or (e) your negligence or willful misconduct. If you are obligated to indemnify any Flova.ai Entity hereunder, then you agree that Flova.ai (or, at its discretion, the applicable Flova.ai Entity) will have the right, in its sole discretion, to control any action or proceeding and to determine whether Flova.ai wishes to settle, and if so, on what terms, and you agree to fully cooperate with Flova.ai in the defense or settlement of such claim.

10. ARBITRATION AND CLASS ACTION WAIVER.

 10.1 PLEASE READ THIS SECTION CAREFULLY -- IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

 10.2 Informal Process First. You and Flova.ai agree that in the event of any dispute, either party will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action, after first allowing the receiving party thirty (30) days in which to respond. [Both you and Flova.ai agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.]

 10.3 Arbitration Agreement and Class Action Waiver. [After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, "Claim") relating in any way to Flova.ai's services and/or products, including the Services, and any use or access or lack of access thereto, will be resolved by arbitration,] including threshold questions of arbitrability of the Claim. [You and Flova.ai agree that any Claim will be settled by final and binding arbitration], using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the "JAMS Rules") then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Because your contract with Flova.ai, these Terms, and this Arbitration Terms concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit. [Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Terms will take place on an individual basis -- class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and Flova.ai are each waiving the right to trial by jury or to participate in a class action or class arbitration].

 10.4 Exceptions. Notwithstanding the foregoing, you and Flova.ai agree that the following types of disputes will be resolved in a court of proper jurisdiction:

  (a) disputes or claims within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual dispute and not as a class, representative, or consolidated action or proceeding;

  (b) disputes or claims where the sole form of relief sought is injunctive relief (including public injunctive relief); or

  (c) intellectual property disputes.

 10.5 Costs of Arbitration. Payment of all filing, administration, and arbitrator costs and expenses will be governed by the JAMS Rules, except that if you demonstrate that any such costs and expenses owed by you under those rules would be prohibitively more expensive than a court proceeding, Flova.ai will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to possible reimbursement as set forth below).

 10.6 Fees and costs may be awarded as provided pursuant to applicable law. If the arbitrator finds that either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS rules. In that case, you agree to reimburse Flova.ai for all monies previously disbursed by it that are otherwise your obligation to pay under the applicable rules. If you prevail in the arbitration and are awarded an amount that is less than the last written settlement amount offered by Flova.ai before the arbitrator was appointed, Flova.ai will pay you the amount it offered in settlement. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator's ruling on the merits.

 10.7 Opt-Out. [You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to [*]with the title "Arbitration Opt-Out" or "Arbitration Only Opt-Out". The notice must be sent to Flova.ai within thirty (30) days of your first registering to use the Services or agreeing to these Terms; otherwise you shall be bound to arbitrate disputes on a non-class basis in accordance with these Terms. If you opt out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies. You may not opt out of only the class action waiver and not also the arbitration provisions. If you opt-out of these arbitration provisions, Flova.ai also will not be bound by them.]

 10.8 [WAIVER OF RIGHT TO BRING CLASS ACTION AND REPRESENTATIVE CLAIMS.] To the fullest extent permitted by applicable law, you and Flova.ai each agree that any proceeding to resolve any dispute, claim, or controversy will be brought and conducted ONLY IN THE RESPECTIVE PARTY'S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS (OR PURPORTED CLASS), CONSOLIDATED, MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR PROCEEDING ("CLASS ACTION"). You and Flova.ai AGREE TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION. You and Flova.ai EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM. If the dispute is subject to arbitration, THE ARBITRATOR WILL NOT HAVE THE AUTHORITY TO COMBINE OR AGGREGATE CLAIMS, CONDUCT A CLASS ACTION, OR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. Further, you and Flova.ai agree that the ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS FOR MORE THAN ONE PERSON'S CLAIMS, AND IT MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS ACTION. For the avoidance of doubt, however, you can seek public injunctive relief to the extent authorized by law and consistent with the Exceptions clause above.

 10.9 IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES' AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or consolidated or representative action must be brought in a court of proper jurisdiction and not in arbitration.

11. MISCELLANEOUS.

 11.1 The Services may be accessed from countries around the world and may include references to services, content, or features that are not available in your country. These references do not imply that Flova.ai intends to announce or offer such services or content in your country. If you access or use the Services from your countries, you do so at your own risk and are responsible for complying with local laws. You assume sole responsibility and risk for downloading, accessing, or using the software or the Services.

 11.2 We reserve the right to modify these Terms from time to time. When we do so, we will update the "Last Updated" date at the top of these Terms. If we make material changes, we will make reasonable efforts to notify you, such as by email and/or by placing a prominent notice on the first page of the website. However, it is your sole responsibility to periodically review these Terms to stay informed of any changes. The updated Terms will be effective upon posting, or as of a later date specified in the updated Terms. [Your continued use of the Services after the changes take effect constitutes your acceptance of the modified Terms. Any amendments will not apply to disputes for which arbitration has been initiated prior to the change in the Terms].

 11.3 You agree that Flova.ai, in its sole discretion, may suspend or terminate your account (or any part thereof) or your use of the Services, and remove and discard any content (including your Content) within the Services, for any reason, including but not limited to lack of use or if Flova.ai believes you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for termination of your use of the Services and may be referred to appropriate law enforcement authorities. Flova.ai may, in its sole discretion and at any time, discontinue or suspend the Services or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice. You acknowledge and agree that Flova.ai may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. You further agree that Flova.ai will not be liable to you or any third party for any termination of your access to the Services. If Flova.ai deletes your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name. In the event of Account deletion for any reason, Flova.ai may, but is not obligated to, delete any of your Content. Flova.ai shall not be responsible for the failure to delete or deletion of your Content. All sections of these Terms that by their nature should survive termination shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by Flova.ai or you. Termination will not limit any of Flova.ai's other rights or remedies at law or in equity.

 11.4 It is the express wish of the parties that these Terms and all related policies have been drawn up in English.

 11.5 You agree that a breach of these Terms will cause irreparable injury to Flova.ai for which monetary damages would not be an adequate remedy and Flova.ai shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

 11.6 If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

 11.7 If any provision of these Terms is found to be unlawful, void, or unenforceable for any reason, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions. These Terms and the licenses granted hereunder may be assigned by Flova.ai, but you may not assign them without the prior express written consent of Flova.ai. No waiver by either party of any breach or default hereunder will be deemed a waiver of any preceding or subsequent breach or default. The section headings used in these Terms are for reference only and will not be read to have any legal effect. These Terms are governed by the laws of the State of California, without regard to its conflict of laws rules. The proper venue for any disputes arising out of or relating to these Terms will be the arbitration venue set forth in Section 10. If arbitration does not apply, then the state and federal courts located in Santa Clara County, California, will have jurisdiction.

 11.8 You may contact us regarding the Services or these Terms by e-mail at [email protected].