TERMS OF SERVICE
Effective date: January 5, 2024
These Terms of Service (“Terms”) represent a legally binding agreement between you (“you” or “your”) and PolarLabs Technologies, Inc. (collectively with its successors in interest, permitted assigns, representatives or affiliates, “PolarLabs,” “we,” “us,” or “our”), governing your access and use of our websites where these Terms are made available (the “Sites”), our mobile applications (the “Apps”), and our related content, products, and services (collectively referred to as the “Service”).
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING BUT NOT LIMITED TO VARIOUS LIMITATIONS, CONDITIONS, DISCLAIMERS OF WARRANTIES, AND EXCLUSIONS THAT MAY APPLY TO YOU. THESE TERMS ALSO ENCOMPASS PROVISIONS ABOUT THE AUTOMATIC RENEWAL OF YOUR SUBSCRIPTION AND MANDATE THE USE OF ARBITRATION FOR RESOLVING DISPUTES INSTEAD OF JURY TRIALS OR CLASS ACTIONS.
By downloading, installing, or using the Service in any capacity, you affirm your agreement to these Terms and your commitment to adhere to any applicable specific, supplemental, or third-party licenses or terms associated with the Service.
Should you disagree with any part of these Terms, you must not access and should immediately cease using the Service. This includes canceling any accounts and promptly uninstalling and deleting any copies of the Apps or software included in the Service that are in your possession.
For any inquiries or issues regarding these Terms or our Service, please feel free to contact us at info@polarlabs.ai.
PRIVACY
Please refer to our Privacy Policy for information about how we process and share information about you when you use our Service. You acknowledge and agree that your use of Service is subject to our Privacy Policy.
ELIGIBILITY
General Eligibility
OUR SERVICE IS NOT INTENDED FOR OR DIRECTED AT INDIVIDUALS UNDER THE AGE OF 16. IF YOU ARE OVER THE AGE OF 16 BUT HAVE NOT REACHED THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION, YOUR USE OF THE SERVICE MUST BE SUPERVISED AND CONSENTED TO BY YOUR PARENT OR GUARDIAN, WHO MUST REVIEW AND AGREE TO THESE TERMS ON YOUR BEHALF.
Access to or use of our Service, including the Sites and Apps, is prohibited if you: (A) do not agree to these Terms, (B) are not of legal age to form a binding contract with PolarLabs or do not have the consent of your parent or legal guardian if required, or (C) are barred by applicable law from accessing or using the Service.
Age Limitation for European Economic Area (EEA), the United Kingdom (UK) or Switzerland
We do not permit individuals under 18 from the EEA, the UK or Switzerland to use our Service. If you are aware of any such usage by individuals younger than 18, please contact us via email at info@polarlabs.ai, and we will take necessary actions, including deleting any information provided by underage users.
CHANGES TO THE TERMS AND THE SERVICE
We reserve the right to periodically update or modify these Terms at our discretion. This may occur for various reasons, such as introducing or removing features, technologies, or services, complying with legal, regulatory, or contractual obligations, or in response to unique or unforeseen situations. Whenever these Terms are amended, we will update the “Effective Date” at the top of the Terms and will strive to notify you appropriately, which could include in-app notifications, emails, or other means we consider suitable, particularly if the changes significantly affect your rights.
IT IS YOUR RESPONSIBILITY TO REGULARLY REVIEW THESE TERMS AND TO CHECK THE SERVICE FOR ANY UPDATES. THE REVISED TERMS WILL BECOME EFFECTIVE AS SOON AS THEY ARE POSTED WITHIN THE SERVICE. BY CONTINUING TO ACCESS OR USE OUR SERVICE FOLLOWING SUCH UPDATES, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THE AMENDED TERMS. IF YOU FIND THE UPDATED TERMS UNACCEPTABLE, YOU ARE REQUIRED TO IMMEDIATELY CEASE USING OUR SERVICE. THIS INCLUDES UNINSTALLING AND DELETING ANY COPIES OF APPS OR SOFTWARE RELATED TO THE SERVICE FROM YOUR DEVICES AND CANCELING YOUR SUBSCRIPTION AND ANY ASSOCIATED ACCOUNTS. YOUR CONTINUED USE OF THE SERVICE WILL IMPLY YOUR ACCEPTANCE OF THOSE CHANGES.
ADDITIONALLY, WE MAY AT ANY TIME, WITHOUT PRIOR NOTICE AND WITHOUT INCURRING LIABILITY, UPDATE, MODIFY, SUSPEND, OR DISCONTINUE THE SERVICE OR ANY PART OF IT. THESE CHANGES MAY BE DUE TO THE INTRODUCTION OF NEW FEATURES, IMPROVEMENT OR DEVELOPMENT OF EXISTING SERVICES, LEGAL COMPLIANCE, OR RESPONSE TO EXCEPTIONAL OR UNEXPECTED EVENTS. FURTHERMORE, OUR SERVICE MAY NOT BE AVAILABLE IN ALL REGIONS OR OPERATIONS SYSTEMS.
PURCHASES, SUBSCRIPTIONS, PROMOTIONAL CODES, AND AUTO RENEWALS
We may, at our sole discretion, offer time-based or usage-based free trials for our Service. Following the installation or expiration of a free trial (if available), or upon redemption of a Virtual Item(defined below) or Promotional Code(defined below), you will be charged the applicable subscription fees for using the Service. After the initial subscription period ends, be it weekly, monthly, quarterly, yearly, or another duration, your subscription will automatically renew for the same duration unless you proactively cancel it. Subscription cancellations or changes to automatic renewals can be managed at any time in your account settings within the mobile application store where the App is available (“App Marketplace”), following the specific policies of each App Marketplace.
Uninstalling an App does not automatically cancel your subscription. If you choose to cancel your subscription during an active period, you will not receive a refund for the fees already paid for that period. However, you will retain access to the Service until the end of the current subscription period. We reserve the right to modify subscription fees at our discretion, and any such changes will not be applied retroactively.
In the Service, you may purchase a limited, personal, non-transferable, non-sublicensable, revocable license for virtual items or in-app consumables ("Virtual Items"), such as virtual cards or tokens redeemable for additional features or content within the Service. Purchases and redemptions of Virtual Items are final and non-refundable. You will not be entitled to a refund or compensation for unused Virtual Items if your access to the Service or your account is suspended or terminated for any reason.
We may also offer gift cards or promotional codes redeemable within the Service for a limited time, subject to specific eligibility requirements ("Promotional Codes"). Promotional Codes have no cash value, are personal, and are not transferable or sublicensable. We are not obligated to provide compensation in connection with a Promotional Code.
The validity of these Terms and any purchases related to the Service are considered separately. Therefore, the termination of any associated purchase does not affect the validity of these Terms, and conversely, the termination of these Terms does not impact the validity of any associated purchase.
PROHIBITED CONDUCT
You agree not to, and not to allow others using your account or device to engage in the following prohibited activities when using our Service:
Utilize the Service in any way that is not expressly permitted by these Terms.
Use the Service for any illegal purposes, or in any manner that infringes or violates the rights of others, including intellectual property rights, privacy, and publicity rights.
Import, submit, upload, publish, post, communicate, or transmit any unlawful, fraudulent, deceptive, harmful, defamatory, inaccurate, abusive, offensive, threatening, hateful, violent, harassing, discriminatory, or racist content.
Copy or modify the Service, except as explicitly allowed by these Terms.
Frame, mirror, display, or incorporate any part of the Service into any other program, site, service, or product.
Interfere with, degrade, or disrupt the integrity or performance of our networks, technologies, products, or services.
Use any data mining, automated or manual data extraction, gathering, or scraping methods in connection with the Service.
Circumvent, bypass, defeat, modify, tamper with, or disable any content protection system, digital rights management, security feature, or functionality in the Service.
Engage in any conduct that is harmful, fraudulent, deceptive, harassing, threatening, intimidating, predatory, defamatory, obscene, stalking, or otherwise objectionable.
Interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Service, or damage, disable, overburden, or impair the functioning of the Service.
Attempt to decipher, decompile, disassemble, or reverse engineer any aspect of the Service, including the source code, or bypass or circumvent measures employed to prevent or limit access to any part of the Service.
Develop or use any third-party applications interacting with the Service without our prior written consent, including any scripts designed to scrape or extract data.
Display, mirror, or frame the Service, or any individual element within the Service, without our express written consent.
Use any meta tags or hidden text utilizing our trademarks, logos, URL, or product names without our express written consent.
Gain unauthorized access to, interfere with, damage, or disrupt any server, computer, or database connected to the Service.
Use the Service for any commercial purposes, unless expressly permitted by us.
Encourage, assist, or enable any other party to engage in any of the above activities.
GENERATIVE AI FEATURES, USER CONTENT AND FEEDBACK
The Service provides access to certain features that utilize one or more generative artificial intelligence models or tools, referred to as the “Generative AI Features”. Generative AI Features may allow you to input various forms of content, including text, images, video, audio, or other material (“Input”), which are then used to generate corresponding output content, such as text, images, video, or audio (“Output”). Both your Input and Output are considered User Content under these Terms, and, as between you and us, you retain ownership of User Content. However, to operate, improve, and develop the Service and our technologies, we require certain rights regarding User Content covered by intellectual property rights.
THEREFORE, SOLELY FOR THE PURPOSES OF OPERATING OR IMPROVING THE SERVICE, YOU HEREBY GRANT US A PERPETUAL, IRREVOCABLE, NONEXCLUSIVE, ROYALTY-FREE, WORLDWIDE, FULLY-PAID, TRANSFERABLE, SUB-LICENSABLE LICENSE TO USE, REPRODUCE, MODIFY, DISTRIBUTE, CREATE DERIVATIVE WORKS OF YOUR USER CONTENT, WITHOUT ANY ADDITIONAL COMPENSATION TO YOU AND ALWAYS SUBJECT TO YOUR ADDITIONAL EXPLICIT CONSENT FOR SUCH USE WHERE REQUIRED BY APPLICABLE LAW AND AS STATED IN OUR PRIVACY POLICY.
When using the Generative AI Features, you agree not to, and will not allow others using your account or device to engage in the following activities:
Upload, generate, or distribute any content that facilitates the exploitation or abuse of children, including all child sexual abuse materials and any portrayal of children that could lead to their sexual exploitation.
Upload, generate, or distribute content that contains or promotes sexually explicit material, profanity, pornography, or any content or services intended for sexual gratification.
Perform or facilitate dangerous, illegal, or malicious activities, such as promoting illegal activities, abusing, harming, interfering with, or disrupting services (like spam, phishing, or malware), and generating or distributing content that may harm or discriminate against individuals or groups.
Upload, generate, or distribute content that encourages the illegal or inappropriate use of substances or weapons.
Promote violence or incite hatred against individuals or groups based on race, ethnicity, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, caste, immigration status, or any other characteristic associated with systemic discrimination or marginalization.
Depict or generate content featuring gratuitous violence or other dangerous activities.
By using Generative AI Features, you also agree to abide by all other applicable sections of these Terms.
You also represent and warrant that:
You own the User Content or have the necessary rights to upload such content
You will pay all royalties, fees, and other monies owed by reason of the User Content you post or use through the Service.
If the User Content depicts third parties, you have obtained all necessary consents from them.
You agree to indemnify us for any claims arising from your use of someone else’s content without consent, as detailed in the "Indemnification" section of these Terms.
We are not liable for any modification, suspension, or discontinuation of the Service, or the loss of User Content if the loss is outside our control. However, we commit to informing you of such incidents in accordance with our Privacy Policy
We appreciate and encourage any feedback, comments, or suggestions you may have regarding enhancements to the Service (“Feedback”). By providing Feedback, we may use it without any limitations or obligations for compensation to you.
LIMITED LICENSE AND INTELLECTUAL PROPERTY RIGHTS
PolarLabs Technologies, Inc., and our licensors, maintain exclusive ownership of all rights, title, and interest in the Service and its content. This includes software, artwork, photos, videos, music, sounds, text, information, and other materials provided through the Service, excluding any User Content. Our rights encompass all intellectual property rights, whether registered or not. These include copyrights, patents, patent disclosures, inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how, confidential information, trade dress, trade names, logos, corporate names, domain names, and all associated goodwill, as well as derivative works and all other rights in and to the Service.
All rights not explicitly granted to you under these Terms are reserved by PolarLabs.
SUBJECT TO YOUR ADHERENCE TO THESE TERMS AND THE TIMELY PAYMENT OF ANY APPLICABLE SUBSCRIPTION FEES, WE, POLARLABS TECHNOLOGIES, INC., GRANT YOU A LIMITED, REVOCABLE, NON-EXCLUSIVE, NON-TRANSFERABLE, NON-SUBLICENSABLE LICENSE FOR PERSONAL AND NON-COMMERCIAL USE OF OUR SERVICE. THIS LICENSE ALLOWS YOU TO DOWNLOAD AND INSTALL A COPY OF THE RELEVANT APP, PROVIDED BY US, ON A DEVICE THAT YOU OWN OR CONTROL.
Your use of the Service, including the Apps and any content provided therein (“Service Content”), must comply with these Terms and, if applicable, any additional terms set forth by the App Marketplace.
You are not permitted to:
Rent, lease, lend, sell, redistribute, sublicense, or otherwise make the Service available to others.
Copy, reproduce, distribute, publicly perform or display the Service Content, except as explicitly allowed by us or our licensors.
Modify, decompile, reverse engineer, disassemble, attempt to derive the source code, alter, mimic, adapt, translate, or create derivative works from the Service, its updates, content, or any part thereof, except as permitted by law or as allowed by open source licensing terms included in the Service.
Remove any proprietary rights notices or markings, or make derivative uses of the Service or Service Content, except as expressly permitted by these Terms.
Utilize any data mining, robots, or similar data gathering or extraction methods.
Unauthorized use of the Service, beyond the scope of the license granted herein, without our prior written permission, is strictly prohibited and will result in the termination of the license. You must not remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Service.
USER ACCOUNTS AND ACCOUNT SECURITY
If the Service provides or necessitates the option for you to register an account (“Account”), these Terms will also govern your use and management of the Account. If you register, you agree to:
Provide true, current, and complete information for your Account.
Maintain the confidentiality and security of your Account login information. This includes responsibility for all activities occurring under your Account, even those not undertaken by you or without your knowledge or consent. In case of any security breach or unauthorized use of your Account, you must immediately notify us.
Avoid choosing usernames or nicknames that are offensive, unlawful, or infringe on others' rights. Refrain from impersonation and misrepresentation of your identity or affiliation with any person. Do not sell, rent, or give away your Account.
Keep your Account and registration information confidential and prevent others from accessing your Account. You are responsible for all activities under your Account, whether authorized or not. Promptly notify us if you suspect any breach of security related to your Account. You bear legal responsibility for all activities conducted through your Account.
Confirm your registration information if requested by us to continue accessing the Service. Failure to confirm may result in restricted or terminated access to the Service.
You may register your Account using a valid account from a third-party service provider, such as an app store or marketplace (e.g., Apple App Store, Google Play) or using a third-party authentication service (e.g., Google via OAuth)(each such account, a “Third-Party Account”), if you opt to do so. By registering through a Third-Party Account, you allow our Service to access your Third-Party Account as permitted under the terms and conditions governing its use. Your relationship with these third-party service providers is governed by your agreements with them.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF OUR SERVICE IS SOLELY AT YOUR OWN RISK. THE SERVICE, ALONG WITH ALL ITS CONTENT AND FEATURES, IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE," WITHOUT ANY KIND OF WARRANTY. WE EXPLICITLY DISCLAIM ALL WARRANTIES AND CONDITIONS RELATED TO THE SERVICE, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THIS INCLUDES, BUT IS NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, COURSE OF DEALING, TRADE USAGE OR PRACTICE, AND NON-INFRINGEMENT.
WE DO NOT GUARANTEE THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE AVAILABLE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED, OR THAT THE SERVICE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH OUR AUTHORIZED REPRESENTATIVES, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. IN THE EVENT OF ANY SERVICE DEFECTS, YOU BEAR THE FULL COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION, AND YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR CORRUPTION OF DATA RESULTING FROM YOUR USE AND ACCESS TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
WE DO NOT CONTROL, ENDORSE, OR ASSUME RESPONSIBILITY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT MAY BE LINKED TO OR USED IN THE SERVICE. YOU ACKNOWLEDGE AND ASSUME ALL RISKS ARISING FROM YOUR USE OF ANY USER CONTENT, THIRD-PARTY WEBSITES OR RESOURCES.
THE SERVICE PROVIDES ACCESS TO GENERATIVE AI FEATURES. WE CANNOT FULLY CONTROL THE RESULTS GENERATED UTILIZING THIS TECHNOLOGY. AS SUCH, THESE RESULTS DO NOT REPRESENT OUR OFFICIAL POLICY OR POSITION ON ANY SUBJECT MATTER. BY AGREEING TO THESE TERMS OR PURCHASING A SUBSCRIPTION, YOU ACKNOWLEDGE THIS DISCLAIMER AND WAIVE ANY CLAIMS AGAINST US DUE TO THE OUTCOMES GENERATED BY THE SERVICE.
INDEMNIFICATION
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS US, OUR AFFILIATES, PARENT COMPANIES, OFFICERS, AGENTS, EMPLOYEES, PARTNERS, LICENSORS, CONTRACTORS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY REFERRED TO AS “INDEMNITEES”) FROM ANY LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF ANY KIND, INCLUDING REASONABLE ATTORNEY FEES.
This indemnification obligation arises from or is related to:
Any issues arising from your User Content and its use within the Service.
Any violation of these Terms by you or anyone using the Service via your account or device.
Your access to and use of the Service.
Any violation of applicable laws or regulations by you.
Your infringement or violation of any third-party rights, including privacy, intellectual property, or other proprietary rights in the course of using the Service or performing your obligations under these Terms.
Any claims for property damage, personal injury, or death that occur due to your breach of these Terms.
Your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights)
We retain the right to control the defense, negotiation, and settlement of any claims for which you are obligated to indemnify us. You are required to cooperate fully with us in the defense, negotiation, or settlement of such claims. We reserve the right to choose legal counsel for these purposes at our discretion.
Notification and Cooperation
You must promptly notify us of any third-party claims, cooperate with us in defending such claims, and bear all costs and expenses associated with this defense, including attorney’s fees. We hold the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not, in any case, settle any claim without our prior written consent.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, POLARLABS WILL NOT BE LIABLE FOR ANY PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, MORAL, EXEMPLARY, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER COMMERCIAL LOSSES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, OR ANY USER CONTENT, REGARDLESS OF THE CAUSE AND UNDER ANY THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE). THIS APPLIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE, OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES SHALL NOT EXCEED THE AMOUNTS THAT YOU HAVE PAID TO USE THE SERVICE OR AMOUNT OF TEN U.S. DOLLARS ($10), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE COMPANY, AS APPLICABLE. THE LIMITATIONS AND EXCLUSIONS OF DAMAGES DESCRIBED HERE ARE ESSENTIAL COMPONENTS OF THE BASIS OF THE AGREEMENT AND THE BARGAIN BETWEEN POLARLABS AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN TYPES OF DAMAGES, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. THESE LIMITATIONS OR EXCLUSIONS DO NOT AFFECT YOUR STATUTORY CONSUMER RIGHTS IN YOUR JURISDICTION.
RELEASE
To the fullest extent permitted by applicable law, you release us from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between the you and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims that you may know or suspect to exist in your favor at the time of agreeing to this release
EXPORT AND ECONOMIC SANCTIONS CONTROL
You acknowledge that our application and its underlying artificial intelligence technologies may be subject to various export and re-export control laws and regulations, including U.S. Export Administration Regulations (“EAR”), the sanctions regulated by the Office of Foreign Assets Control (“OFAC”) of the Treasury Department, and the International Traffic in Arms Regulations (“ITAR”) overseen by the Department of State. By agreeing to these Terms, you confirm that (1) your location is not in any country or region subject to a U.S. government embargo, and (2) you are not identified as a denied party under the regulations mentioned above.
You commit to adhering to all relevant U.S. and international export laws and regulations. This commitment ensures that neither the application nor any technical data associated with it, nor any products developed from or based on this technology provided under these Terms, are exported or re-exported, either directly or indirectly, in a manner that contravenes these laws and regulations or for purposes that are prohibited by these laws and regulations.
TERMINATION
These Terms remain effective until you undertake specific actions to discontinue use of our Service. These actions include: (i) ceasing your use of the Service; (ii) uninstalling and deleting any copies of our Apps or software you possess; (iii) canceling any accounts registered with us; and (iv) terminating all active subscriptions linked to our Service. You have the autonomy to stop using the Service at your discretion. For details on canceling your subscription or automatic renewals, please refer to the relevant section on Purchases, Subscriptions, Promotional Codes, and Auto Renewals.
We reserve the right to terminate these Terms at any time, for any reason, by providing you with notice. Your rights under these Terms will automatically end if you violate any of its conditions.
Upon the termination or expiration of these Terms for any reason, you must immediately stop all use of the Service and eradicate all copies of the Apps or software from your possession. Following this, all rights and obligations under these Terms for both parties will cease.
Notwithstanding the above, certain provisions of these Terms are designed to survive beyond the termination or expiration. These enduring provisions typically include, but are not limited to, those relating to ownership rights, warranty disclaimers, limitations of liability, and dispute resolution.
We also reserve the right to suspend or terminate your access to your Account and any portion or the entirety of the Service for reasons including, but not limited to:
Threats or attacks on our services, systems, or data.
Your use of the Service posing a security risk to us, our customers, or vendors.
Use of the Service for fraudulent or illegal activities.
Legal or regulatory prohibitions on providing the Service to you.
Violations, or suspected violations, of these Terms.
Restrictions, suspensions, or terminations imposed by our licensors or vendors
In such instances, we will endeavor to notify you of the suspension and provide updates on the resumption of access to the Service. In the event we terminate your right to use the Service, we are not liable for any loss or harm resulting from your inability to access the Service. Following any termination, discontinuation, or cancellation, only those provisions of these Terms that are inherently meant to continue will remain effective.
GOVERNING LAW AND VENUE
These Terms and your use of the Service will be governed by, construed and enforced in accordance with the laws of the State of California, excluding conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.
DISPUTE RESOLUTION; BINDING ARBITRATION
EXCEPT FOR SMALL CLAIMS DISPUTES IN WHICH YOU OR THE COMPANY SEEK TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT LOCATED IN THE COUNTY OF YOUR BILLING ADDRESS OR DISPUTES IN WHICH YOU OR THE COMPANY SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, YOU AND THE COMPANY WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO HAVE ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR POLARLABS RESOLVED IN COURT.
Instead, all disputes arising out of or relating to these Terms or PolarLabs will be resolved through confidential binding arbitration held in Santa Clara County, California in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
ANY ARBITRATION UNDER THESE TERMS BY EITHER YOU OR US WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST US.
You and the Company agree that these Terms affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (“FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and the Company agree that for any arbitration you initiate, you will pay the filing fee and the Company will pay the remaining JAMS fees and costs. For any arbitration initiated by the Company, the Company will pay all JAMS fees and costs. You and the Company agree that the state or federal courts of the State of California and the United States sitting in Santa Clara County, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR POLARLABS MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND THE COMPANY WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section by notifying the Company in writing. The notification must be sent to:
PolarLabs Technologies, Inc.
Re: Arbitration Opt-out
50 Peter Kristof Way
Unit 306
Medfield, MA 02052 US
info@polarlabs.ai
ADDITIONAL TERMS FOR APP MARKETPLACES
Apple App Store Usage Terms
When you access, purchase, or download our App from the Apple App Store, please be aware of the following:
These Terms are an agreement between you and PolarLabs, not Apple Inc. or its subsidiaries (“Apple”). PolarLabs is solely responsible for the App and its content.
The App can be used on Apple-branded products you own or control, as dictated by the Apple App Store’s Usage Rules, including the Apple Media Services Terms and Conditions. Additionally, the App may be accessed by other accounts linked to yours through Family Sharing or volume purchasing.
Apple has no obligation to provide maintenance or support services for the App.
If the App fails to meet any applicable warranty, you can notify Apple for a refund of the App’s purchase price, where applicable. Apple bears no warranty obligations beyond this. Any other warranty-related claims, losses, liabilities, damages, costs, or expenses due to warranty failures are PolarLabs' responsibility.
Apple is not responsible for handling any claims related to the App, including product liability, legal compliance, or consumer protection claims.
In case of third-party intellectual property claims related to the App, PolarLabs is responsible for defense, settlement, and discharge of such claims, not Apple.
You agree to use the App in compliance with U.S. law and the laws of the jurisdiction where the App was obtained, including export and re-export restrictions.
You are required to adhere to any applicable third-party terms when using the App.
Apple is a third-party beneficiary of these Terms and has the right to enforce these Terms against you.
Google Play Store Usage Terms
When accessing, purchasing, or downloading our App from Google Play, the following applies:
In case of any conflict between these Terms and the Google Play Developer Distribution Agreement or Google Play Terms of Service, the Google Play Terms will take precedence for your use of the App from Google Play.
Google LLC or its subsidiaries bear no responsibility or liability under these Terms.
MISCELLANEOUS
This document constitutes the entire agreement between you and us concerning the Service, superseding all previous discussions, understandings, or agreements, whether oral or written. The exclusive language of these Terms is English, and you waive any right under applicable law for these Terms to be presented in any other language or to maintain non-electronic records.
We may issue notices as required or referenced in these Terms to you via email, by posting through the Service, or through other legally accepted means. It is your responsibility to keep your contact information up-to-date and to regularly check the Service for notices. Notices sent by email are effective when dispatched to the email address you provided, while posted notices are effective upon posting. To notify us under these Terms, you must use the email address info@polarlabs.ai. Notices sent to us by email are effective one business day after being sent.
You may not assign, subcontract, delegate, or transfer these Terms or your rights and obligations under them without our prior written consent. Any attempt to do so without consent will be null and void. However, we may assign or delegate these Terms, in whole or in part, to any person or entity at any time without your consent.
The failure by either party to exercise or enforce any rights under these Terms does not constitute a waiver of such rights, which can only be effected through a written and signed document by our authorized representative. All remedies and rights under these Terms are cumulative and in addition to other legal rights and remedies.
Should any provision of these Terms be deemed invalid or unenforceable by an arbitrator or court, it will be amended to the maximum extent permissible by law to remain valid and enforceable, while the remainder of the Terms stays in effect. Section titles are for convenience only and have no legal effect.
These Terms are binding upon the parties and their respective successors and permitted assigns. Except as otherwise provided herein, intended solely for the benefit of both parties without creating third-party beneficiary rights. Delays in performance of duties or obligations (except for payment obligations) due to events beyond a party's control, such as labor disputes, material shortages, natural disasters, or other unforeseeable events, do not constitute a breach of these Terms.
TERMS OF SERVICE
Effective date: January 5, 2024
These Terms of Service (“Terms”) represent a legally binding agreement between you (“you” or “your”) and PolarLabs Technologies, Inc. (collectively with its successors in interest, permitted assigns, representatives or affiliates, “PolarLabs,” “we,” “us,” or “our”), governing your access and use of our websites where these Terms are made available (the “Sites”), our mobile applications (the “Apps”), and our related content, products, and services (collectively referred to as the “Service”).
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING BUT NOT LIMITED TO VARIOUS LIMITATIONS, CONDITIONS, DISCLAIMERS OF WARRANTIES, AND EXCLUSIONS THAT MAY APPLY TO YOU. THESE TERMS ALSO ENCOMPASS PROVISIONS ABOUT THE AUTOMATIC RENEWAL OF YOUR SUBSCRIPTION AND MANDATE THE USE OF ARBITRATION FOR RESOLVING DISPUTES INSTEAD OF JURY TRIALS OR CLASS ACTIONS.
By downloading, installing, or using the Service in any capacity, you affirm your agreement to these Terms and your commitment to adhere to any applicable specific, supplemental, or third-party licenses or terms associated with the Service.
Should you disagree with any part of these Terms, you must not access and should immediately cease using the Service. This includes canceling any accounts and promptly uninstalling and deleting any copies of the Apps or software included in the Service that are in your possession.
For any inquiries or issues regarding these Terms or our Service, please feel free to contact us at info@polarlabs.ai.
PRIVACY
Please refer to our Privacy Policy for information about how we process and share information about you when you use our Service. You acknowledge and agree that your use of Service is subject to our Privacy Policy.
ELIGIBILITY
General Eligibility
OUR SERVICE IS NOT INTENDED FOR OR DIRECTED AT INDIVIDUALS UNDER THE AGE OF 16. IF YOU ARE OVER THE AGE OF 16 BUT HAVE NOT REACHED THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION, YOUR USE OF THE SERVICE MUST BE SUPERVISED AND CONSENTED TO BY YOUR PARENT OR GUARDIAN, WHO MUST REVIEW AND AGREE TO THESE TERMS ON YOUR BEHALF.
Access to or use of our Service, including the Sites and Apps, is prohibited if you: (A) do not agree to these Terms, (B) are not of legal age to form a binding contract with PolarLabs or do not have the consent of your parent or legal guardian if required, or (C) are barred by applicable law from accessing or using the Service.
Age Limitation for European Economic Area (EEA), the United Kingdom (UK) or Switzerland
We do not permit individuals under 18 from the EEA, the UK or Switzerland to use our Service. If you are aware of any such usage by individuals younger than 18, please contact us via email at info@polarlabs.ai, and we will take necessary actions, including deleting any information provided by underage users.
CHANGES TO THE TERMS AND THE SERVICE
We reserve the right to periodically update or modify these Terms at our discretion. This may occur for various reasons, such as introducing or removing features, technologies, or services, complying with legal, regulatory, or contractual obligations, or in response to unique or unforeseen situations. Whenever these Terms are amended, we will update the “Effective Date” at the top of the Terms and will strive to notify you appropriately, which could include in-app notifications, emails, or other means we consider suitable, particularly if the changes significantly affect your rights.
IT IS YOUR RESPONSIBILITY TO REGULARLY REVIEW THESE TERMS AND TO CHECK THE SERVICE FOR ANY UPDATES. THE REVISED TERMS WILL BECOME EFFECTIVE AS SOON AS THEY ARE POSTED WITHIN THE SERVICE. BY CONTINUING TO ACCESS OR USE OUR SERVICE FOLLOWING SUCH UPDATES, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THE AMENDED TERMS. IF YOU FIND THE UPDATED TERMS UNACCEPTABLE, YOU ARE REQUIRED TO IMMEDIATELY CEASE USING OUR SERVICE. THIS INCLUDES UNINSTALLING AND DELETING ANY COPIES OF APPS OR SOFTWARE RELATED TO THE SERVICE FROM YOUR DEVICES AND CANCELING YOUR SUBSCRIPTION AND ANY ASSOCIATED ACCOUNTS. YOUR CONTINUED USE OF THE SERVICE WILL IMPLY YOUR ACCEPTANCE OF THOSE CHANGES.
ADDITIONALLY, WE MAY AT ANY TIME, WITHOUT PRIOR NOTICE AND WITHOUT INCURRING LIABILITY, UPDATE, MODIFY, SUSPEND, OR DISCONTINUE THE SERVICE OR ANY PART OF IT. THESE CHANGES MAY BE DUE TO THE INTRODUCTION OF NEW FEATURES, IMPROVEMENT OR DEVELOPMENT OF EXISTING SERVICES, LEGAL COMPLIANCE, OR RESPONSE TO EXCEPTIONAL OR UNEXPECTED EVENTS. FURTHERMORE, OUR SERVICE MAY NOT BE AVAILABLE IN ALL REGIONS OR OPERATIONS SYSTEMS.
PURCHASES, SUBSCRIPTIONS, PROMOTIONAL CODES, AND AUTO RENEWALS
We may, at our sole discretion, offer time-based or usage-based free trials for our Service. Following the installation or expiration of a free trial (if available), or upon redemption of a Virtual Item(defined below) or Promotional Code(defined below), you will be charged the applicable subscription fees for using the Service. After the initial subscription period ends, be it weekly, monthly, quarterly, yearly, or another duration, your subscription will automatically renew for the same duration unless you proactively cancel it. Subscription cancellations or changes to automatic renewals can be managed at any time in your account settings within the mobile application store where the App is available (“App Marketplace”), following the specific policies of each App Marketplace.
Uninstalling an App does not automatically cancel your subscription. If you choose to cancel your subscription during an active period, you will not receive a refund for the fees already paid for that period. However, you will retain access to the Service until the end of the current subscription period. We reserve the right to modify subscription fees at our discretion, and any such changes will not be applied retroactively.
In the Service, you may purchase a limited, personal, non-transferable, non-sublicensable, revocable license for virtual items or in-app consumables ("Virtual Items"), such as virtual cards or tokens redeemable for additional features or content within the Service. Purchases and redemptions of Virtual Items are final and non-refundable. You will not be entitled to a refund or compensation for unused Virtual Items if your access to the Service or your account is suspended or terminated for any reason.
We may also offer gift cards or promotional codes redeemable within the Service for a limited time, subject to specific eligibility requirements ("Promotional Codes"). Promotional Codes have no cash value, are personal, and are not transferable or sublicensable. We are not obligated to provide compensation in connection with a Promotional Code.
The validity of these Terms and any purchases related to the Service are considered separately. Therefore, the termination of any associated purchase does not affect the validity of these Terms, and conversely, the termination of these Terms does not impact the validity of any associated purchase.
PROHIBITED CONDUCT
You agree not to, and not to allow others using your account or device to engage in the following prohibited activities when using our Service:
Utilize the Service in any way that is not expressly permitted by these Terms.
Use the Service for any illegal purposes, or in any manner that infringes or violates the rights of others, including intellectual property rights, privacy, and publicity rights.
Import, submit, upload, publish, post, communicate, or transmit any unlawful, fraudulent, deceptive, harmful, defamatory, inaccurate, abusive, offensive, threatening, hateful, violent, harassing, discriminatory, or racist content.
Copy or modify the Service, except as explicitly allowed by these Terms.
Frame, mirror, display, or incorporate any part of the Service into any other program, site, service, or product.
Interfere with, degrade, or disrupt the integrity or performance of our networks, technologies, products, or services.
Use any data mining, automated or manual data extraction, gathering, or scraping methods in connection with the Service.
Circumvent, bypass, defeat, modify, tamper with, or disable any content protection system, digital rights management, security feature, or functionality in the Service.
Engage in any conduct that is harmful, fraudulent, deceptive, harassing, threatening, intimidating, predatory, defamatory, obscene, stalking, or otherwise objectionable.
Interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Service, or damage, disable, overburden, or impair the functioning of the Service.
Attempt to decipher, decompile, disassemble, or reverse engineer any aspect of the Service, including the source code, or bypass or circumvent measures employed to prevent or limit access to any part of the Service.
Develop or use any third-party applications interacting with the Service without our prior written consent, including any scripts designed to scrape or extract data.
Display, mirror, or frame the Service, or any individual element within the Service, without our express written consent.
Use any meta tags or hidden text utilizing our trademarks, logos, URL, or product names without our express written consent.
Gain unauthorized access to, interfere with, damage, or disrupt any server, computer, or database connected to the Service.
Use the Service for any commercial purposes, unless expressly permitted by us.
Encourage, assist, or enable any other party to engage in any of the above activities.
GENERATIVE AI FEATURES, USER CONTENT AND FEEDBACK
The Service provides access to certain features that utilize one or more generative artificial intelligence models or tools, referred to as the “Generative AI Features”. Generative AI Features may allow you to input various forms of content, including text, images, video, audio, or other material (“Input”), which are then used to generate corresponding output content, such as text, images, video, or audio (“Output”). Both your Input and Output are considered User Content under these Terms, and, as between you and us, you retain ownership of User Content. However, to operate, improve, and develop the Service and our technologies, we require certain rights regarding User Content covered by intellectual property rights.
THEREFORE, SOLELY FOR THE PURPOSES OF OPERATING OR IMPROVING THE SERVICE, YOU HEREBY GRANT US A PERPETUAL, IRREVOCABLE, NONEXCLUSIVE, ROYALTY-FREE, WORLDWIDE, FULLY-PAID, TRANSFERABLE, SUB-LICENSABLE LICENSE TO USE, REPRODUCE, MODIFY, DISTRIBUTE, CREATE DERIVATIVE WORKS OF YOUR USER CONTENT, WITHOUT ANY ADDITIONAL COMPENSATION TO YOU AND ALWAYS SUBJECT TO YOUR ADDITIONAL EXPLICIT CONSENT FOR SUCH USE WHERE REQUIRED BY APPLICABLE LAW AND AS STATED IN OUR PRIVACY POLICY.
When using the Generative AI Features, you agree not to, and will not allow others using your account or device to engage in the following activities:
Upload, generate, or distribute any content that facilitates the exploitation or abuse of children, including all child sexual abuse materials and any portrayal of children that could lead to their sexual exploitation.
Upload, generate, or distribute content that contains or promotes sexually explicit material, profanity, pornography, or any content or services intended for sexual gratification.
Perform or facilitate dangerous, illegal, or malicious activities, such as promoting illegal activities, abusing, harming, interfering with, or disrupting services (like spam, phishing, or malware), and generating or distributing content that may harm or discriminate against individuals or groups.
Upload, generate, or distribute content that encourages the illegal or inappropriate use of substances or weapons.
Promote violence or incite hatred against individuals or groups based on race, ethnicity, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, caste, immigration status, or any other characteristic associated with systemic discrimination or marginalization.
Depict or generate content featuring gratuitous violence or other dangerous activities.
By using Generative AI Features, you also agree to abide by all other applicable sections of these Terms.
You also represent and warrant that:
You own the User Content or have the necessary rights to upload such content
You will pay all royalties, fees, and other monies owed by reason of the User Content you post or use through the Service.
If the User Content depicts third parties, you have obtained all necessary consents from them.
You agree to indemnify us for any claims arising from your use of someone else’s content without consent, as detailed in the "Indemnification" section of these Terms.
We are not liable for any modification, suspension, or discontinuation of the Service, or the loss of User Content if the loss is outside our control. However, we commit to informing you of such incidents in accordance with our Privacy Policy
We appreciate and encourage any feedback, comments, or suggestions you may have regarding enhancements to the Service (“Feedback”). By providing Feedback, we may use it without any limitations or obligations for compensation to you.
LIMITED LICENSE AND INTELLECTUAL PROPERTY RIGHTS
PolarLabs Technologies, Inc., and our licensors, maintain exclusive ownership of all rights, title, and interest in the Service and its content. This includes software, artwork, photos, videos, music, sounds, text, information, and other materials provided through the Service, excluding any User Content. Our rights encompass all intellectual property rights, whether registered or not. These include copyrights, patents, patent disclosures, inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how, confidential information, trade dress, trade names, logos, corporate names, domain names, and all associated goodwill, as well as derivative works and all other rights in and to the Service.
All rights not explicitly granted to you under these Terms are reserved by PolarLabs.
SUBJECT TO YOUR ADHERENCE TO THESE TERMS AND THE TIMELY PAYMENT OF ANY APPLICABLE SUBSCRIPTION FEES, WE, POLARLABS TECHNOLOGIES, INC., GRANT YOU A LIMITED, REVOCABLE, NON-EXCLUSIVE, NON-TRANSFERABLE, NON-SUBLICENSABLE LICENSE FOR PERSONAL AND NON-COMMERCIAL USE OF OUR SERVICE. THIS LICENSE ALLOWS YOU TO DOWNLOAD AND INSTALL A COPY OF THE RELEVANT APP, PROVIDED BY US, ON A DEVICE THAT YOU OWN OR CONTROL.
Your use of the Service, including the Apps and any content provided therein (“Service Content”), must comply with these Terms and, if applicable, any additional terms set forth by the App Marketplace.
You are not permitted to:
Rent, lease, lend, sell, redistribute, sublicense, or otherwise make the Service available to others.
Copy, reproduce, distribute, publicly perform or display the Service Content, except as explicitly allowed by us or our licensors.
Modify, decompile, reverse engineer, disassemble, attempt to derive the source code, alter, mimic, adapt, translate, or create derivative works from the Service, its updates, content, or any part thereof, except as permitted by law or as allowed by open source licensing terms included in the Service.
Remove any proprietary rights notices or markings, or make derivative uses of the Service or Service Content, except as expressly permitted by these Terms.
Utilize any data mining, robots, or similar data gathering or extraction methods.
Unauthorized use of the Service, beyond the scope of the license granted herein, without our prior written permission, is strictly prohibited and will result in the termination of the license. You must not remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Service.
USER ACCOUNTS AND ACCOUNT SECURITY
If the Service provides or necessitates the option for you to register an account (“Account”), these Terms will also govern your use and management of the Account. If you register, you agree to:
Provide true, current, and complete information for your Account.
Maintain the confidentiality and security of your Account login information. This includes responsibility for all activities occurring under your Account, even those not undertaken by you or without your knowledge or consent. In case of any security breach or unauthorized use of your Account, you must immediately notify us.
Avoid choosing usernames or nicknames that are offensive, unlawful, or infringe on others' rights. Refrain from impersonation and misrepresentation of your identity or affiliation with any person. Do not sell, rent, or give away your Account.
Keep your Account and registration information confidential and prevent others from accessing your Account. You are responsible for all activities under your Account, whether authorized or not. Promptly notify us if you suspect any breach of security related to your Account. You bear legal responsibility for all activities conducted through your Account.
Confirm your registration information if requested by us to continue accessing the Service. Failure to confirm may result in restricted or terminated access to the Service.
You may register your Account using a valid account from a third-party service provider, such as an app store or marketplace (e.g., Apple App Store, Google Play) or using a third-party authentication service (e.g., Google via OAuth)(each such account, a “Third-Party Account”), if you opt to do so. By registering through a Third-Party Account, you allow our Service to access your Third-Party Account as permitted under the terms and conditions governing its use. Your relationship with these third-party service providers is governed by your agreements with them.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF OUR SERVICE IS SOLELY AT YOUR OWN RISK. THE SERVICE, ALONG WITH ALL ITS CONTENT AND FEATURES, IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE," WITHOUT ANY KIND OF WARRANTY. WE EXPLICITLY DISCLAIM ALL WARRANTIES AND CONDITIONS RELATED TO THE SERVICE, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THIS INCLUDES, BUT IS NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, COURSE OF DEALING, TRADE USAGE OR PRACTICE, AND NON-INFRINGEMENT.
WE DO NOT GUARANTEE THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE AVAILABLE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED, OR THAT THE SERVICE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH OUR AUTHORIZED REPRESENTATIVES, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. IN THE EVENT OF ANY SERVICE DEFECTS, YOU BEAR THE FULL COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION, AND YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR CORRUPTION OF DATA RESULTING FROM YOUR USE AND ACCESS TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
WE DO NOT CONTROL, ENDORSE, OR ASSUME RESPONSIBILITY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT MAY BE LINKED TO OR USED IN THE SERVICE. YOU ACKNOWLEDGE AND ASSUME ALL RISKS ARISING FROM YOUR USE OF ANY USER CONTENT, THIRD-PARTY WEBSITES OR RESOURCES.
THE SERVICE PROVIDES ACCESS TO GENERATIVE AI FEATURES. WE CANNOT FULLY CONTROL THE RESULTS GENERATED UTILIZING THIS TECHNOLOGY. AS SUCH, THESE RESULTS DO NOT REPRESENT OUR OFFICIAL POLICY OR POSITION ON ANY SUBJECT MATTER. BY AGREEING TO THESE TERMS OR PURCHASING A SUBSCRIPTION, YOU ACKNOWLEDGE THIS DISCLAIMER AND WAIVE ANY CLAIMS AGAINST US DUE TO THE OUTCOMES GENERATED BY THE SERVICE.
INDEMNIFICATION
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS US, OUR AFFILIATES, PARENT COMPANIES, OFFICERS, AGENTS, EMPLOYEES, PARTNERS, LICENSORS, CONTRACTORS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY REFERRED TO AS “INDEMNITEES”) FROM ANY LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF ANY KIND, INCLUDING REASONABLE ATTORNEY FEES.
This indemnification obligation arises from or is related to:
Any issues arising from your User Content and its use within the Service.
Any violation of these Terms by you or anyone using the Service via your account or device.
Your access to and use of the Service.
Any violation of applicable laws or regulations by you.
Your infringement or violation of any third-party rights, including privacy, intellectual property, or other proprietary rights in the course of using the Service or performing your obligations under these Terms.
Any claims for property damage, personal injury, or death that occur due to your breach of these Terms.
Your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights)
We retain the right to control the defense, negotiation, and settlement of any claims for which you are obligated to indemnify us. You are required to cooperate fully with us in the defense, negotiation, or settlement of such claims. We reserve the right to choose legal counsel for these purposes at our discretion.
Notification and Cooperation
You must promptly notify us of any third-party claims, cooperate with us in defending such claims, and bear all costs and expenses associated with this defense, including attorney’s fees. We hold the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not, in any case, settle any claim without our prior written consent.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, POLARLABS WILL NOT BE LIABLE FOR ANY PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, MORAL, EXEMPLARY, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER COMMERCIAL LOSSES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, OR ANY USER CONTENT, REGARDLESS OF THE CAUSE AND UNDER ANY THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE). THIS APPLIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE, OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES SHALL NOT EXCEED THE AMOUNTS THAT YOU HAVE PAID TO USE THE SERVICE OR AMOUNT OF TEN U.S. DOLLARS ($10), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE COMPANY, AS APPLICABLE. THE LIMITATIONS AND EXCLUSIONS OF DAMAGES DESCRIBED HERE ARE ESSENTIAL COMPONENTS OF THE BASIS OF THE AGREEMENT AND THE BARGAIN BETWEEN POLARLABS AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN TYPES OF DAMAGES, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. THESE LIMITATIONS OR EXCLUSIONS DO NOT AFFECT YOUR STATUTORY CONSUMER RIGHTS IN YOUR JURISDICTION.
RELEASE
To the fullest extent permitted by applicable law, you release us from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between the you and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims that you may know or suspect to exist in your favor at the time of agreeing to this release
EXPORT AND ECONOMIC SANCTIONS CONTROL
You acknowledge that our application and its underlying artificial intelligence technologies may be subject to various export and re-export control laws and regulations, including U.S. Export Administration Regulations (“EAR”), the sanctions regulated by the Office of Foreign Assets Control (“OFAC”) of the Treasury Department, and the International Traffic in Arms Regulations (“ITAR”) overseen by the Department of State. By agreeing to these Terms, you confirm that (1) your location is not in any country or region subject to a U.S. government embargo, and (2) you are not identified as a denied party under the regulations mentioned above.
You commit to adhering to all relevant U.S. and international export laws and regulations. This commitment ensures that neither the application nor any technical data associated with it, nor any products developed from or based on this technology provided under these Terms, are exported or re-exported, either directly or indirectly, in a manner that contravenes these laws and regulations or for purposes that are prohibited by these laws and regulations.
TERMINATION
These Terms remain effective until you undertake specific actions to discontinue use of our Service. These actions include: (i) ceasing your use of the Service; (ii) uninstalling and deleting any copies of our Apps or software you possess; (iii) canceling any accounts registered with us; and (iv) terminating all active subscriptions linked to our Service. You have the autonomy to stop using the Service at your discretion. For details on canceling your subscription or automatic renewals, please refer to the relevant section on Purchases, Subscriptions, Promotional Codes, and Auto Renewals.
We reserve the right to terminate these Terms at any time, for any reason, by providing you with notice. Your rights under these Terms will automatically end if you violate any of its conditions.
Upon the termination or expiration of these Terms for any reason, you must immediately stop all use of the Service and eradicate all copies of the Apps or software from your possession. Following this, all rights and obligations under these Terms for both parties will cease.
Notwithstanding the above, certain provisions of these Terms are designed to survive beyond the termination or expiration. These enduring provisions typically include, but are not limited to, those relating to ownership rights, warranty disclaimers, limitations of liability, and dispute resolution.
We also reserve the right to suspend or terminate your access to your Account and any portion or the entirety of the Service for reasons including, but not limited to:
Threats or attacks on our services, systems, or data.
Your use of the Service posing a security risk to us, our customers, or vendors.
Use of the Service for fraudulent or illegal activities.
Legal or regulatory prohibitions on providing the Service to you.
Violations, or suspected violations, of these Terms.
Restrictions, suspensions, or terminations imposed by our licensors or vendors
In such instances, we will endeavor to notify you of the suspension and provide updates on the resumption of access to the Service. In the event we terminate your right to use the Service, we are not liable for any loss or harm resulting from your inability to access the Service. Following any termination, discontinuation, or cancellation, only those provisions of these Terms that are inherently meant to continue will remain effective.
GOVERNING LAW AND VENUE
These Terms and your use of the Service will be governed by, construed and enforced in accordance with the laws of the State of California, excluding conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.
DISPUTE RESOLUTION; BINDING ARBITRATION
EXCEPT FOR SMALL CLAIMS DISPUTES IN WHICH YOU OR THE COMPANY SEEK TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT LOCATED IN THE COUNTY OF YOUR BILLING ADDRESS OR DISPUTES IN WHICH YOU OR THE COMPANY SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, YOU AND THE COMPANY WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO HAVE ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR POLARLABS RESOLVED IN COURT.
Instead, all disputes arising out of or relating to these Terms or PolarLabs will be resolved through confidential binding arbitration held in Santa Clara County, California in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
ANY ARBITRATION UNDER THESE TERMS BY EITHER YOU OR US WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST US.
You and the Company agree that these Terms affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (“FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and the Company agree that for any arbitration you initiate, you will pay the filing fee and the Company will pay the remaining JAMS fees and costs. For any arbitration initiated by the Company, the Company will pay all JAMS fees and costs. You and the Company agree that the state or federal courts of the State of California and the United States sitting in Santa Clara County, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR POLARLABS MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND THE COMPANY WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section by notifying the Company in writing. The notification must be sent to:
PolarLabs Technologies, Inc.
Re: Arbitration Opt-out
50 Peter Kristof Way
Unit 306
Medfield, MA 02052 US
info@polarlabs.ai
ADDITIONAL TERMS FOR APP MARKETPLACES
Apple App Store Usage Terms
When you access, purchase, or download our App from the Apple App Store, please be aware of the following:
These Terms are an agreement between you and PolarLabs, not Apple Inc. or its subsidiaries (“Apple”). PolarLabs is solely responsible for the App and its content.
The App can be used on Apple-branded products you own or control, as dictated by the Apple App Store’s Usage Rules, including the Apple Media Services Terms and Conditions. Additionally, the App may be accessed by other accounts linked to yours through Family Sharing or volume purchasing.
Apple has no obligation to provide maintenance or support services for the App.
If the App fails to meet any applicable warranty, you can notify Apple for a refund of the App’s purchase price, where applicable. Apple bears no warranty obligations beyond this. Any other warranty-related claims, losses, liabilities, damages, costs, or expenses due to warranty failures are PolarLabs' responsibility.
Apple is not responsible for handling any claims related to the App, including product liability, legal compliance, or consumer protection claims.
In case of third-party intellectual property claims related to the App, PolarLabs is responsible for defense, settlement, and discharge of such claims, not Apple.
You agree to use the App in compliance with U.S. law and the laws of the jurisdiction where the App was obtained, including export and re-export restrictions.
You are required to adhere to any applicable third-party terms when using the App.
Apple is a third-party beneficiary of these Terms and has the right to enforce these Terms against you.
Google Play Store Usage Terms
When accessing, purchasing, or downloading our App from Google Play, the following applies:
In case of any conflict between these Terms and the Google Play Developer Distribution Agreement or Google Play Terms of Service, the Google Play Terms will take precedence for your use of the App from Google Play.
Google LLC or its subsidiaries bear no responsibility or liability under these Terms.
MISCELLANEOUS
This document constitutes the entire agreement between you and us concerning the Service, superseding all previous discussions, understandings, or agreements, whether oral or written. The exclusive language of these Terms is English, and you waive any right under applicable law for these Terms to be presented in any other language or to maintain non-electronic records.
We may issue notices as required or referenced in these Terms to you via email, by posting through the Service, or through other legally accepted means. It is your responsibility to keep your contact information up-to-date and to regularly check the Service for notices. Notices sent by email are effective when dispatched to the email address you provided, while posted notices are effective upon posting. To notify us under these Terms, you must use the email address info@polarlabs.ai. Notices sent to us by email are effective one business day after being sent.
You may not assign, subcontract, delegate, or transfer these Terms or your rights and obligations under them without our prior written consent. Any attempt to do so without consent will be null and void. However, we may assign or delegate these Terms, in whole or in part, to any person or entity at any time without your consent.
The failure by either party to exercise or enforce any rights under these Terms does not constitute a waiver of such rights, which can only be effected through a written and signed document by our authorized representative. All remedies and rights under these Terms are cumulative and in addition to other legal rights and remedies.
Should any provision of these Terms be deemed invalid or unenforceable by an arbitrator or court, it will be amended to the maximum extent permissible by law to remain valid and enforceable, while the remainder of the Terms stays in effect. Section titles are for convenience only and have no legal effect.
These Terms are binding upon the parties and their respective successors and permitted assigns. Except as otherwise provided herein, intended solely for the benefit of both parties without creating third-party beneficiary rights. Delays in performance of duties or obligations (except for payment obligations) due to events beyond a party's control, such as labor disputes, material shortages, natural disasters, or other unforeseeable events, do not constitute a breach of these Terms.
TERMS OF SERVICE
Effective date: January 5, 2024
These Terms of Service (“Terms”) represent a legally binding agreement between you (“you” or “your”) and PolarLabs Technologies, Inc. (collectively with its successors in interest, permitted assigns, representatives or affiliates, “PolarLabs,” “we,” “us,” or “our”), governing your access and use of our websites where these Terms are made available (the “Sites”), our mobile applications (the “Apps”), and our related content, products, and services (collectively referred to as the “Service”).
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING BUT NOT LIMITED TO VARIOUS LIMITATIONS, CONDITIONS, DISCLAIMERS OF WARRANTIES, AND EXCLUSIONS THAT MAY APPLY TO YOU. THESE TERMS ALSO ENCOMPASS PROVISIONS ABOUT THE AUTOMATIC RENEWAL OF YOUR SUBSCRIPTION AND MANDATE THE USE OF ARBITRATION FOR RESOLVING DISPUTES INSTEAD OF JURY TRIALS OR CLASS ACTIONS.
By downloading, installing, or using the Service in any capacity, you affirm your agreement to these Terms and your commitment to adhere to any applicable specific, supplemental, or third-party licenses or terms associated with the Service.
Should you disagree with any part of these Terms, you must not access and should immediately cease using the Service. This includes canceling any accounts and promptly uninstalling and deleting any copies of the Apps or software included in the Service that are in your possession.
For any inquiries or issues regarding these Terms or our Service, please feel free to contact us at info@polarlabs.ai.
PRIVACY
Please refer to our Privacy Policy for information about how we process and share information about you when you use our Service. You acknowledge and agree that your use of Service is subject to our Privacy Policy.
ELIGIBILITY
General Eligibility
OUR SERVICE IS NOT INTENDED FOR OR DIRECTED AT INDIVIDUALS UNDER THE AGE OF 16. IF YOU ARE OVER THE AGE OF 16 BUT HAVE NOT REACHED THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION, YOUR USE OF THE SERVICE MUST BE SUPERVISED AND CONSENTED TO BY YOUR PARENT OR GUARDIAN, WHO MUST REVIEW AND AGREE TO THESE TERMS ON YOUR BEHALF.
Access to or use of our Service, including the Sites and Apps, is prohibited if you: (A) do not agree to these Terms, (B) are not of legal age to form a binding contract with PolarLabs or do not have the consent of your parent or legal guardian if required, or (C) are barred by applicable law from accessing or using the Service.
Age Limitation for European Economic Area (EEA), the United Kingdom (UK) or Switzerland
We do not permit individuals under 18 from the EEA, the UK or Switzerland to use our Service. If you are aware of any such usage by individuals younger than 18, please contact us via email at info@polarlabs.ai, and we will take necessary actions, including deleting any information provided by underage users.
CHANGES TO THE TERMS AND THE SERVICE
We reserve the right to periodically update or modify these Terms at our discretion. This may occur for various reasons, such as introducing or removing features, technologies, or services, complying with legal, regulatory, or contractual obligations, or in response to unique or unforeseen situations. Whenever these Terms are amended, we will update the “Effective Date” at the top of the Terms and will strive to notify you appropriately, which could include in-app notifications, emails, or other means we consider suitable, particularly if the changes significantly affect your rights.
IT IS YOUR RESPONSIBILITY TO REGULARLY REVIEW THESE TERMS AND TO CHECK THE SERVICE FOR ANY UPDATES. THE REVISED TERMS WILL BECOME EFFECTIVE AS SOON AS THEY ARE POSTED WITHIN THE SERVICE. BY CONTINUING TO ACCESS OR USE OUR SERVICE FOLLOWING SUCH UPDATES, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THE AMENDED TERMS. IF YOU FIND THE UPDATED TERMS UNACCEPTABLE, YOU ARE REQUIRED TO IMMEDIATELY CEASE USING OUR SERVICE. THIS INCLUDES UNINSTALLING AND DELETING ANY COPIES OF APPS OR SOFTWARE RELATED TO THE SERVICE FROM YOUR DEVICES AND CANCELING YOUR SUBSCRIPTION AND ANY ASSOCIATED ACCOUNTS. YOUR CONTINUED USE OF THE SERVICE WILL IMPLY YOUR ACCEPTANCE OF THOSE CHANGES.
ADDITIONALLY, WE MAY AT ANY TIME, WITHOUT PRIOR NOTICE AND WITHOUT INCURRING LIABILITY, UPDATE, MODIFY, SUSPEND, OR DISCONTINUE THE SERVICE OR ANY PART OF IT. THESE CHANGES MAY BE DUE TO THE INTRODUCTION OF NEW FEATURES, IMPROVEMENT OR DEVELOPMENT OF EXISTING SERVICES, LEGAL COMPLIANCE, OR RESPONSE TO EXCEPTIONAL OR UNEXPECTED EVENTS. FURTHERMORE, OUR SERVICE MAY NOT BE AVAILABLE IN ALL REGIONS OR OPERATIONS SYSTEMS.
PURCHASES, SUBSCRIPTIONS, PROMOTIONAL CODES, AND AUTO RENEWALS
We may, at our sole discretion, offer time-based or usage-based free trials for our Service. Following the installation or expiration of a free trial (if available), or upon redemption of a Virtual Item(defined below) or Promotional Code(defined below), you will be charged the applicable subscription fees for using the Service. After the initial subscription period ends, be it weekly, monthly, quarterly, yearly, or another duration, your subscription will automatically renew for the same duration unless you proactively cancel it. Subscription cancellations or changes to automatic renewals can be managed at any time in your account settings within the mobile application store where the App is available (“App Marketplace”), following the specific policies of each App Marketplace.
Uninstalling an App does not automatically cancel your subscription. If you choose to cancel your subscription during an active period, you will not receive a refund for the fees already paid for that period. However, you will retain access to the Service until the end of the current subscription period. We reserve the right to modify subscription fees at our discretion, and any such changes will not be applied retroactively.
In the Service, you may purchase a limited, personal, non-transferable, non-sublicensable, revocable license for virtual items or in-app consumables ("Virtual Items"), such as virtual cards or tokens redeemable for additional features or content within the Service. Purchases and redemptions of Virtual Items are final and non-refundable. You will not be entitled to a refund or compensation for unused Virtual Items if your access to the Service or your account is suspended or terminated for any reason.
We may also offer gift cards or promotional codes redeemable within the Service for a limited time, subject to specific eligibility requirements ("Promotional Codes"). Promotional Codes have no cash value, are personal, and are not transferable or sublicensable. We are not obligated to provide compensation in connection with a Promotional Code.
The validity of these Terms and any purchases related to the Service are considered separately. Therefore, the termination of any associated purchase does not affect the validity of these Terms, and conversely, the termination of these Terms does not impact the validity of any associated purchase.
PROHIBITED CONDUCT
You agree not to, and not to allow others using your account or device to engage in the following prohibited activities when using our Service:
Utilize the Service in any way that is not expressly permitted by these Terms.
Use the Service for any illegal purposes, or in any manner that infringes or violates the rights of others, including intellectual property rights, privacy, and publicity rights.
Import, submit, upload, publish, post, communicate, or transmit any unlawful, fraudulent, deceptive, harmful, defamatory, inaccurate, abusive, offensive, threatening, hateful, violent, harassing, discriminatory, or racist content.
Copy or modify the Service, except as explicitly allowed by these Terms.
Frame, mirror, display, or incorporate any part of the Service into any other program, site, service, or product.
Interfere with, degrade, or disrupt the integrity or performance of our networks, technologies, products, or services.
Use any data mining, automated or manual data extraction, gathering, or scraping methods in connection with the Service.
Circumvent, bypass, defeat, modify, tamper with, or disable any content protection system, digital rights management, security feature, or functionality in the Service.
Engage in any conduct that is harmful, fraudulent, deceptive, harassing, threatening, intimidating, predatory, defamatory, obscene, stalking, or otherwise objectionable.
Interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Service, or damage, disable, overburden, or impair the functioning of the Service.
Attempt to decipher, decompile, disassemble, or reverse engineer any aspect of the Service, including the source code, or bypass or circumvent measures employed to prevent or limit access to any part of the Service.
Develop or use any third-party applications interacting with the Service without our prior written consent, including any scripts designed to scrape or extract data.
Display, mirror, or frame the Service, or any individual element within the Service, without our express written consent.
Use any meta tags or hidden text utilizing our trademarks, logos, URL, or product names without our express written consent.
Gain unauthorized access to, interfere with, damage, or disrupt any server, computer, or database connected to the Service.
Use the Service for any commercial purposes, unless expressly permitted by us.
Encourage, assist, or enable any other party to engage in any of the above activities.
GENERATIVE AI FEATURES, USER CONTENT AND FEEDBACK
The Service provides access to certain features that utilize one or more generative artificial intelligence models or tools, referred to as the “Generative AI Features”. Generative AI Features may allow you to input various forms of content, including text, images, video, audio, or other material (“Input”), which are then used to generate corresponding output content, such as text, images, video, or audio (“Output”). Both your Input and Output are considered User Content under these Terms, and, as between you and us, you retain ownership of User Content. However, to operate, improve, and develop the Service and our technologies, we require certain rights regarding User Content covered by intellectual property rights.
THEREFORE, SOLELY FOR THE PURPOSES OF OPERATING OR IMPROVING THE SERVICE, YOU HEREBY GRANT US A PERPETUAL, IRREVOCABLE, NONEXCLUSIVE, ROYALTY-FREE, WORLDWIDE, FULLY-PAID, TRANSFERABLE, SUB-LICENSABLE LICENSE TO USE, REPRODUCE, MODIFY, DISTRIBUTE, CREATE DERIVATIVE WORKS OF YOUR USER CONTENT, WITHOUT ANY ADDITIONAL COMPENSATION TO YOU AND ALWAYS SUBJECT TO YOUR ADDITIONAL EXPLICIT CONSENT FOR SUCH USE WHERE REQUIRED BY APPLICABLE LAW AND AS STATED IN OUR PRIVACY POLICY.
When using the Generative AI Features, you agree not to, and will not allow others using your account or device to engage in the following activities:
Upload, generate, or distribute any content that facilitates the exploitation or abuse of children, including all child sexual abuse materials and any portrayal of children that could lead to their sexual exploitation.
Upload, generate, or distribute content that contains or promotes sexually explicit material, profanity, pornography, or any content or services intended for sexual gratification.
Perform or facilitate dangerous, illegal, or malicious activities, such as promoting illegal activities, abusing, harming, interfering with, or disrupting services (like spam, phishing, or malware), and generating or distributing content that may harm or discriminate against individuals or groups.
Upload, generate, or distribute content that encourages the illegal or inappropriate use of substances or weapons.
Promote violence or incite hatred against individuals or groups based on race, ethnicity, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, caste, immigration status, or any other characteristic associated with systemic discrimination or marginalization.
Depict or generate content featuring gratuitous violence or other dangerous activities.
By using Generative AI Features, you also agree to abide by all other applicable sections of these Terms.
You also represent and warrant that:
You own the User Content or have the necessary rights to upload such content
You will pay all royalties, fees, and other monies owed by reason of the User Content you post or use through the Service.
If the User Content depicts third parties, you have obtained all necessary consents from them.
You agree to indemnify us for any claims arising from your use of someone else’s content without consent, as detailed in the "Indemnification" section of these Terms.
We are not liable for any modification, suspension, or discontinuation of the Service, or the loss of User Content if the loss is outside our control. However, we commit to informing you of such incidents in accordance with our Privacy Policy
We appreciate and encourage any feedback, comments, or suggestions you may have regarding enhancements to the Service (“Feedback”). By providing Feedback, we may use it without any limitations or obligations for compensation to you.
LIMITED LICENSE AND INTELLECTUAL PROPERTY RIGHTS
PolarLabs Technologies, Inc., and our licensors, maintain exclusive ownership of all rights, title, and interest in the Service and its content. This includes software, artwork, photos, videos, music, sounds, text, information, and other materials provided through the Service, excluding any User Content. Our rights encompass all intellectual property rights, whether registered or not. These include copyrights, patents, patent disclosures, inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how, confidential information, trade dress, trade names, logos, corporate names, domain names, and all associated goodwill, as well as derivative works and all other rights in and to the Service.
All rights not explicitly granted to you under these Terms are reserved by PolarLabs.
SUBJECT TO YOUR ADHERENCE TO THESE TERMS AND THE TIMELY PAYMENT OF ANY APPLICABLE SUBSCRIPTION FEES, WE, POLARLABS TECHNOLOGIES, INC., GRANT YOU A LIMITED, REVOCABLE, NON-EXCLUSIVE, NON-TRANSFERABLE, NON-SUBLICENSABLE LICENSE FOR PERSONAL AND NON-COMMERCIAL USE OF OUR SERVICE. THIS LICENSE ALLOWS YOU TO DOWNLOAD AND INSTALL A COPY OF THE RELEVANT APP, PROVIDED BY US, ON A DEVICE THAT YOU OWN OR CONTROL.
Your use of the Service, including the Apps and any content provided therein (“Service Content”), must comply with these Terms and, if applicable, any additional terms set forth by the App Marketplace.
You are not permitted to:
Rent, lease, lend, sell, redistribute, sublicense, or otherwise make the Service available to others.
Copy, reproduce, distribute, publicly perform or display the Service Content, except as explicitly allowed by us or our licensors.
Modify, decompile, reverse engineer, disassemble, attempt to derive the source code, alter, mimic, adapt, translate, or create derivative works from the Service, its updates, content, or any part thereof, except as permitted by law or as allowed by open source licensing terms included in the Service.
Remove any proprietary rights notices or markings, or make derivative uses of the Service or Service Content, except as expressly permitted by these Terms.
Utilize any data mining, robots, or similar data gathering or extraction methods.
Unauthorized use of the Service, beyond the scope of the license granted herein, without our prior written permission, is strictly prohibited and will result in the termination of the license. You must not remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Service.
USER ACCOUNTS AND ACCOUNT SECURITY
If the Service provides or necessitates the option for you to register an account (“Account”), these Terms will also govern your use and management of the Account. If you register, you agree to:
Provide true, current, and complete information for your Account.
Maintain the confidentiality and security of your Account login information. This includes responsibility for all activities occurring under your Account, even those not undertaken by you or without your knowledge or consent. In case of any security breach or unauthorized use of your Account, you must immediately notify us.
Avoid choosing usernames or nicknames that are offensive, unlawful, or infringe on others' rights. Refrain from impersonation and misrepresentation of your identity or affiliation with any person. Do not sell, rent, or give away your Account.
Keep your Account and registration information confidential and prevent others from accessing your Account. You are responsible for all activities under your Account, whether authorized or not. Promptly notify us if you suspect any breach of security related to your Account. You bear legal responsibility for all activities conducted through your Account.
Confirm your registration information if requested by us to continue accessing the Service. Failure to confirm may result in restricted or terminated access to the Service.
You may register your Account using a valid account from a third-party service provider, such as an app store or marketplace (e.g., Apple App Store, Google Play) or using a third-party authentication service (e.g., Google via OAuth)(each such account, a “Third-Party Account”), if you opt to do so. By registering through a Third-Party Account, you allow our Service to access your Third-Party Account as permitted under the terms and conditions governing its use. Your relationship with these third-party service providers is governed by your agreements with them.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF OUR SERVICE IS SOLELY AT YOUR OWN RISK. THE SERVICE, ALONG WITH ALL ITS CONTENT AND FEATURES, IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE," WITHOUT ANY KIND OF WARRANTY. WE EXPLICITLY DISCLAIM ALL WARRANTIES AND CONDITIONS RELATED TO THE SERVICE, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THIS INCLUDES, BUT IS NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, COURSE OF DEALING, TRADE USAGE OR PRACTICE, AND NON-INFRINGEMENT.
WE DO NOT GUARANTEE THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE AVAILABLE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED, OR THAT THE SERVICE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH OUR AUTHORIZED REPRESENTATIVES, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. IN THE EVENT OF ANY SERVICE DEFECTS, YOU BEAR THE FULL COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION, AND YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR CORRUPTION OF DATA RESULTING FROM YOUR USE AND ACCESS TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
WE DO NOT CONTROL, ENDORSE, OR ASSUME RESPONSIBILITY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT MAY BE LINKED TO OR USED IN THE SERVICE. YOU ACKNOWLEDGE AND ASSUME ALL RISKS ARISING FROM YOUR USE OF ANY USER CONTENT, THIRD-PARTY WEBSITES OR RESOURCES.
THE SERVICE PROVIDES ACCESS TO GENERATIVE AI FEATURES. WE CANNOT FULLY CONTROL THE RESULTS GENERATED UTILIZING THIS TECHNOLOGY. AS SUCH, THESE RESULTS DO NOT REPRESENT OUR OFFICIAL POLICY OR POSITION ON ANY SUBJECT MATTER. BY AGREEING TO THESE TERMS OR PURCHASING A SUBSCRIPTION, YOU ACKNOWLEDGE THIS DISCLAIMER AND WAIVE ANY CLAIMS AGAINST US DUE TO THE OUTCOMES GENERATED BY THE SERVICE.
INDEMNIFICATION
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS US, OUR AFFILIATES, PARENT COMPANIES, OFFICERS, AGENTS, EMPLOYEES, PARTNERS, LICENSORS, CONTRACTORS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY REFERRED TO AS “INDEMNITEES”) FROM ANY LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF ANY KIND, INCLUDING REASONABLE ATTORNEY FEES.
This indemnification obligation arises from or is related to:
Any issues arising from your User Content and its use within the Service.
Any violation of these Terms by you or anyone using the Service via your account or device.
Your access to and use of the Service.
Any violation of applicable laws or regulations by you.
Your infringement or violation of any third-party rights, including privacy, intellectual property, or other proprietary rights in the course of using the Service or performing your obligations under these Terms.
Any claims for property damage, personal injury, or death that occur due to your breach of these Terms.
Your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights)
We retain the right to control the defense, negotiation, and settlement of any claims for which you are obligated to indemnify us. You are required to cooperate fully with us in the defense, negotiation, or settlement of such claims. We reserve the right to choose legal counsel for these purposes at our discretion.
Notification and Cooperation
You must promptly notify us of any third-party claims, cooperate with us in defending such claims, and bear all costs and expenses associated with this defense, including attorney’s fees. We hold the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not, in any case, settle any claim without our prior written consent.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, POLARLABS WILL NOT BE LIABLE FOR ANY PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, MORAL, EXEMPLARY, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER COMMERCIAL LOSSES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, OR ANY USER CONTENT, REGARDLESS OF THE CAUSE AND UNDER ANY THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE). THIS APPLIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE, OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES SHALL NOT EXCEED THE AMOUNTS THAT YOU HAVE PAID TO USE THE SERVICE OR AMOUNT OF TEN U.S. DOLLARS ($10), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE COMPANY, AS APPLICABLE. THE LIMITATIONS AND EXCLUSIONS OF DAMAGES DESCRIBED HERE ARE ESSENTIAL COMPONENTS OF THE BASIS OF THE AGREEMENT AND THE BARGAIN BETWEEN POLARLABS AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN TYPES OF DAMAGES, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. THESE LIMITATIONS OR EXCLUSIONS DO NOT AFFECT YOUR STATUTORY CONSUMER RIGHTS IN YOUR JURISDICTION.
RELEASE
To the fullest extent permitted by applicable law, you release us from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between the you and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims that you may know or suspect to exist in your favor at the time of agreeing to this release
EXPORT AND ECONOMIC SANCTIONS CONTROL
You acknowledge that our application and its underlying artificial intelligence technologies may be subject to various export and re-export control laws and regulations, including U.S. Export Administration Regulations (“EAR”), the sanctions regulated by the Office of Foreign Assets Control (“OFAC”) of the Treasury Department, and the International Traffic in Arms Regulations (“ITAR”) overseen by the Department of State. By agreeing to these Terms, you confirm that (1) your location is not in any country or region subject to a U.S. government embargo, and (2) you are not identified as a denied party under the regulations mentioned above.
You commit to adhering to all relevant U.S. and international export laws and regulations. This commitment ensures that neither the application nor any technical data associated with it, nor any products developed from or based on this technology provided under these Terms, are exported or re-exported, either directly or indirectly, in a manner that contravenes these laws and regulations or for purposes that are prohibited by these laws and regulations.
TERMINATION
These Terms remain effective until you undertake specific actions to discontinue use of our Service. These actions include: (i) ceasing your use of the Service; (ii) uninstalling and deleting any copies of our Apps or software you possess; (iii) canceling any accounts registered with us; and (iv) terminating all active subscriptions linked to our Service. You have the autonomy to stop using the Service at your discretion. For details on canceling your subscription or automatic renewals, please refer to the relevant section on Purchases, Subscriptions, Promotional Codes, and Auto Renewals.
We reserve the right to terminate these Terms at any time, for any reason, by providing you with notice. Your rights under these Terms will automatically end if you violate any of its conditions.
Upon the termination or expiration of these Terms for any reason, you must immediately stop all use of the Service and eradicate all copies of the Apps or software from your possession. Following this, all rights and obligations under these Terms for both parties will cease.
Notwithstanding the above, certain provisions of these Terms are designed to survive beyond the termination or expiration. These enduring provisions typically include, but are not limited to, those relating to ownership rights, warranty disclaimers, limitations of liability, and dispute resolution.
We also reserve the right to suspend or terminate your access to your Account and any portion or the entirety of the Service for reasons including, but not limited to:
Threats or attacks on our services, systems, or data.
Your use of the Service posing a security risk to us, our customers, or vendors.
Use of the Service for fraudulent or illegal activities.
Legal or regulatory prohibitions on providing the Service to you.
Violations, or suspected violations, of these Terms.
Restrictions, suspensions, or terminations imposed by our licensors or vendors
In such instances, we will endeavor to notify you of the suspension and provide updates on the resumption of access to the Service. In the event we terminate your right to use the Service, we are not liable for any loss or harm resulting from your inability to access the Service. Following any termination, discontinuation, or cancellation, only those provisions of these Terms that are inherently meant to continue will remain effective.
GOVERNING LAW AND VENUE
These Terms and your use of the Service will be governed by, construed and enforced in accordance with the laws of the State of California, excluding conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.
DISPUTE RESOLUTION; BINDING ARBITRATION
EXCEPT FOR SMALL CLAIMS DISPUTES IN WHICH YOU OR THE COMPANY SEEK TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT LOCATED IN THE COUNTY OF YOUR BILLING ADDRESS OR DISPUTES IN WHICH YOU OR THE COMPANY SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, YOU AND THE COMPANY WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO HAVE ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR POLARLABS RESOLVED IN COURT.
Instead, all disputes arising out of or relating to these Terms or PolarLabs will be resolved through confidential binding arbitration held in Santa Clara County, California in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
ANY ARBITRATION UNDER THESE TERMS BY EITHER YOU OR US WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST US.
You and the Company agree that these Terms affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (“FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and the Company agree that for any arbitration you initiate, you will pay the filing fee and the Company will pay the remaining JAMS fees and costs. For any arbitration initiated by the Company, the Company will pay all JAMS fees and costs. You and the Company agree that the state or federal courts of the State of California and the United States sitting in Santa Clara County, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR POLARLABS MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND THE COMPANY WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section by notifying the Company in writing. The notification must be sent to:
PolarLabs Technologies, Inc.
Re: Arbitration Opt-out
50 Peter Kristof Way
Unit 306
Medfield, MA 02052 US
info@polarlabs.ai
ADDITIONAL TERMS FOR APP MARKETPLACES
Apple App Store Usage Terms
When you access, purchase, or download our App from the Apple App Store, please be aware of the following:
These Terms are an agreement between you and PolarLabs, not Apple Inc. or its subsidiaries (“Apple”). PolarLabs is solely responsible for the App and its content.
The App can be used on Apple-branded products you own or control, as dictated by the Apple App Store’s Usage Rules, including the Apple Media Services Terms and Conditions. Additionally, the App may be accessed by other accounts linked to yours through Family Sharing or volume purchasing.
Apple has no obligation to provide maintenance or support services for the App.
If the App fails to meet any applicable warranty, you can notify Apple for a refund of the App’s purchase price, where applicable. Apple bears no warranty obligations beyond this. Any other warranty-related claims, losses, liabilities, damages, costs, or expenses due to warranty failures are PolarLabs' responsibility.
Apple is not responsible for handling any claims related to the App, including product liability, legal compliance, or consumer protection claims.
In case of third-party intellectual property claims related to the App, PolarLabs is responsible for defense, settlement, and discharge of such claims, not Apple.
You agree to use the App in compliance with U.S. law and the laws of the jurisdiction where the App was obtained, including export and re-export restrictions.
You are required to adhere to any applicable third-party terms when using the App.
Apple is a third-party beneficiary of these Terms and has the right to enforce these Terms against you.
Google Play Store Usage Terms
When accessing, purchasing, or downloading our App from Google Play, the following applies:
In case of any conflict between these Terms and the Google Play Developer Distribution Agreement or Google Play Terms of Service, the Google Play Terms will take precedence for your use of the App from Google Play.
Google LLC or its subsidiaries bear no responsibility or liability under these Terms.
MISCELLANEOUS
This document constitutes the entire agreement between you and us concerning the Service, superseding all previous discussions, understandings, or agreements, whether oral or written. The exclusive language of these Terms is English, and you waive any right under applicable law for these Terms to be presented in any other language or to maintain non-electronic records.
We may issue notices as required or referenced in these Terms to you via email, by posting through the Service, or through other legally accepted means. It is your responsibility to keep your contact information up-to-date and to regularly check the Service for notices. Notices sent by email are effective when dispatched to the email address you provided, while posted notices are effective upon posting. To notify us under these Terms, you must use the email address info@polarlabs.ai. Notices sent to us by email are effective one business day after being sent.
You may not assign, subcontract, delegate, or transfer these Terms or your rights and obligations under them without our prior written consent. Any attempt to do so without consent will be null and void. However, we may assign or delegate these Terms, in whole or in part, to any person or entity at any time without your consent.
The failure by either party to exercise or enforce any rights under these Terms does not constitute a waiver of such rights, which can only be effected through a written and signed document by our authorized representative. All remedies and rights under these Terms are cumulative and in addition to other legal rights and remedies.
Should any provision of these Terms be deemed invalid or unenforceable by an arbitrator or court, it will be amended to the maximum extent permissible by law to remain valid and enforceable, while the remainder of the Terms stays in effect. Section titles are for convenience only and have no legal effect.
These Terms are binding upon the parties and their respective successors and permitted assigns. Except as otherwise provided herein, intended solely for the benefit of both parties without creating third-party beneficiary rights. Delays in performance of duties or obligations (except for payment obligations) due to events beyond a party's control, such as labor disputes, material shortages, natural disasters, or other unforeseeable events, do not constitute a breach of these Terms.