TERMS & CONDITIONS

These Terms of Service (this "Agreement") set out the terms on which Plan C, LLC ("Amicredible", "Company", "we" or "us") will provide access to and use of certain services available on or through its website Amicredible.ai (the "Website"), software application (the "App"), and the features and functionality made available to you, a user of the Service ("you" or "User") through the Website and App (together with the Website and App, the "Service"). You should read this Agreement carefully. By indicating acceptance of this Agreement or by otherwise using the Service, you are entering into a legally binding agreement with us (and you hereby represent that you are of legal age, and are otherwise fully able and competent, to enter into a binding agreement). If you are using the Service on behalf of an organization, you represent that you have the right to bind such organization to this Agreement, and the terms "User" and "you" will include both you, the individual user, and such organization. If you do not agree to these terms and conditions, you must not use the Service. THIS AGREEMENT CREATES A BINDING LEGAL AGREEMENT BETWEEN YOU AND COMPANY, AND INCLUDES AN ARBITRATION CLAUSE UNDER WHICH CERTAIN CLAIMS MAY NOT BE BROUGHT IN COURT OR DECIDED BY A JURY. PLEASE READ THIS AGREEMENT CAREFULLY.


1. Nature of the Service.

The Service allows Users to access artificial intelligence to verify the accuracy of information to foster trust and accountability in digital conversations. Users can enter social media posts into the Service, and the Service will provide an analysis of the credibility of the posts. Users will also be assigned a credibility rating based on the posts they choose to share to social media following such analysis.


2. Our Ownership Rights.

The Service, including all aspects of the Amicredible Website and App (including Our Property, as defined below), is the property of, and owned by, Company or its licensors. All the software, algorithms, functionality, inventions, concepts, text, images, sound, music, videos, marks, logos, compilations, content and technology used to deliver the Service or otherwise embodied in, displayed through, or provided directly or indirectly (e.g., emails or other communications from us to you) via the Service are "Our Property." Except as otherwise expressly permitted by this Agreement, any use, copying, making derivative works, transmitting, posting, linking, deep linking, framing, redistribution, sale, decompilation, modification, reverse engineering, translation or disassembly of Our Property is prohibited. You acknowledge that Our Property has been created, compiled, developed and maintained by us at great expense of time and money such that misappropriation or unauthorized disclosure or use of Our Property by others for commercial gain would unfairly and irreparably harm us in a manner for which damages would not be an adequate remedy, and you consent to our obtaining injunctive relief to restrain any breach or threatened breach of this Agreement, without any requirement to post bond. You may be subject to criminal or civil penalties for violation of this paragraph. The mark AMICREDIBLE, and any associated logos, are registered or unregistered trademarks or service marks of Company or its licensors. You may not use them, or any of our other marks or logos, in any manner, including any use that is likely to cause confusion or that disparages or discredits us, without our consent. The Service may also feature the trademarks, service marks, and logos of third parties, and each owner retains all rights in such marks. Any use of such marks, or any others displayed on the Service, will inure solely to the benefit of their respective owners. Subject to the terms and conditions herein, we grant you the non-exclusive, limited, revocable right to access and use Our Property solely to the extent necessary for you to use the Service for your own personal, non-commercial use, as permitted by this Agreement. We reserve all other rights. For clarity and without limiting other obligations herein, Users shall not distribute or otherwise commercialize Our Property.


3. Use Restrictions.

You must comply with any rules and policies about use of the Service that we publish from time to time. These rules and policies will be available on the Service. Certain features, pages or content within the Service may contain supplemental terms of use, to which you must agree in order to use the relevant features, pages or content. Subject to the terms and conditions herein, you are permitted to use the Service solely for your own personal, non-commercial use. You must not (a) except as otherwise expressly permitted by this Agreement, input social media content posted by third parties, or personal information of third parties, into the Service, or harvest or otherwise collect personal information about others from the Service; (b) take any action that imposes or may impose an unreasonable or disproportionately large load on the Service or its infrastructure, or bypass any measures we may use to prevent or restrict access to any portion of the Service (or other accounts, networks or services connected thereto); (c) use manual or automated software, devices, or other processes to "crawl", "scrape" or "spider" any of the Service or otherwise to copy, obtain, propagate, distribute or misappropriate any information or other content from the Service, including any of Our Property; (d) distribute or otherwise make available any information or other content obtained through the Service to any third party, except as expressly permitted herein; or (e) otherwise interfere in any manner with the use or operation of the Service.


4. Registration.

In order to have access to additional content and interactive opportunities than those provided through the free version of the Service, you may be required to provide us with a username, your first name, last name, and email address, your country and region, and to create a password and register with us. We may also request additional information from you, including a phone number if you choose to enable two-factor authentication. You represent and warrant to us that you will provide us with accurate, current and complete registration information. You are responsible for your registration, and for all use of the Service using any User credentials or passwords issued to you or chosen by you. You will keep all such credentials and passwords confidential.


5. Basic and Premium Versions of the Service; Payment.

The basic version of the Service is offered free of charge to registered Users. Company reserves the right to charge, and change eligibility requirements, for access to and use of the Service, at any time. Company may offer premium versions of the Service with paid subscription plans that allow Users to access additional or exclusive features. If you purchase the premium version of the Service, Company will invoice you or charge your credit card for the subscription fee then in effect when you subscribe to the premium version(s). All fees are nonrefundable. You agree and represent that all information you provide to Company for the purpose of subscribing to the Service is accurate, complete and current, and you agree to notify Company of any changes to the credit card information associated with your Company account, including changes in billing address and expiration dates. If Company does not receive payment as due for a premium account, Company reserves the right to either suspend or terminate such account and your access to the premium version in such circumstances


We use one or more third-party payment processors (the "Payment Processor") to bill premium subscribers. The processing of payments will be subject to the terms, conditions and privacy policies of the applicable Payment Processor in addition to this Agreement. We are not responsible for errors by the Payment Processor. By choosing to purchase a subscription from us, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for your subscription with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your "Payment Method"). You also agree to pay all applicable taxes. You agree to make payment using that selected Payment Method. You may change your Payment Method at any time through your account. We reserve the right to correct any errors or mistakes made by the Payment Processor even if it has already requested or received payment from you. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Service. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change subscription prices at any time; however, we will not change prices once a subscription has been ordered. All payments shall be in U.S. dollars.


6. Auto Renewal and Cancellation for Premium

a. Auto-Renewal. If you sign up for a subscription for a premium version of the Service, your subscription will automatically renew each month or year, as selected by you, for successive one month or one year terms, until you cancel your Subscription. Unless such subscription package is cancelled by you according to the terms set forth in Section 6.b or by Company as allowed by this Agreement, you hereby authorize us (or our designated third party Payment Processor) to charge to your credit card on file, or a substitute account provided by you or your card issuer, on each subscription renewal date at the billing intervals you have selected, the then current subscription rate for your renewing subscription package, plus any applicable taxes, governmental fees and surcharges, for the duration of the applicable subscription. Your non-cancellation of your subscription reaffirms that we are authorized to charge your payment method for the applicable charge each month, unless you have opted out for a given month. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially signed up for the subscription.


b. Cancellation of Subscription. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY PROVIDING NOTICE TO COMPANY BY EMAILING US AT support@aimcredible.ai OR CALLING US AT +1 (617) 622-5645 STATING YOUR NAME AND THAT YOU ARE CANCELING YOUR SUBSCRIPTION, OR WORDS OF SIMILAR EFFECT. You may also cancel by logging into your account on the Service and visit our FAQ page, for a pre-formatted cancellation e-mail template, which you can send to us. Your cancellation will be effective as of the first day of the month following the date you submitted your cancellation request. If you cancel your subscription, Company will not automatically renew your subscription thereafter.


7. Limitation of Liability

You may upload or otherwise provide to the Service works of authorship, files, information, data and other content that you created and are considering posting to social media (“User Content”). You may also request to have factual assertions in social media posts by others analyzed by the Service. If you wish to have statements by a third party evaluated, you must select the option in the submission form that indicates that the content to be analyzed is from a third party (“Third-Party Content”). The Service will then only evaluate and display a summary of the assertions, rather than the Third-Party Content itself. If you do not select the option to identify Third-Party Content, you will be representing to the Service that the submission is your original User Content, as discussed below.


We do not claim any ownership rights in your User Content, and as between you and Company, you remain the owner of all intellectual property rights that you have in your User Content. By using the Service, you grant Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers) right and license to use, reproduce, adapt, modify, translate, and create derivative works from your User Content, for the purposes of developing, providing, and improving, the Service. You agree that we are not responsible for any use or disclosure of your User Content by any third party who gains access to it through the Service (which may include unintended activities by third parties, such as by hackers). To the extent allowed by law, this Section and any license granted by you hereunder includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as "moral rights," "creator's rights," "droit moral," or the like.


By submitting User Content, you represent and warrant that (a) you own or otherwise control all of the rights to your User Content and have all necessary rights to provide Company with the User Content and the rights provided for herein (and you have all necessary rights from all persons and entities necessary to give you the rights to do the foregoing and otherwise fully comply with this Agreement), (b) none of the User Content or any development, use, production, distribution or exploitation thereof hereunder will infringe, misappropriate or violate any intellectual property right or other right or applicable law, or cause injury to any person or entity, and (c) you will comply with all applicable laws in the course of accessing, using and uploading or otherwise providing User Content to the Service. You agree that you bear all risks associated with your User Content or Third-Party Content provided by you. Company will remove User Content or Third-Party Content from the Service if properly notified that such content infringes on another person's or entity's intellectual property rights.


We do not control User Content or Third-Party Content, and we are not responsible for the content, accuracy or reliability of User Content or Third-Party Content. We are under no obligation to edit or control User Content or Third-Party Content, although we reserve the right to review, and take certain actions with respect to, User Content and Third-Party Content in accordance with this Agreement, including the Privacy Practices described in Section 13. On termination of your account, or this Agreement, we have no obligation to return any User Content to you, so you should retain copies of all of Your Content.


We reserve the right to remove any content, including that submitted by users and analyses generated by the Service from the Service, in whole or in part, without prior notice, for any reason or for no reason at all. Without limiting our right to terminate a User pursuant to Section 14 of this Agreement, we reserve the right to terminate the account of any User of the Service who has been notified of infringing activity and/or has had content removed from the Service. We also reserve the right to decide whether content is appropriate and complies with this Agreement for violations other than violations of intellectual property law. For example, we may remove content which we in our sole discretion believe is inflammatory, harmful, illegal or offensive. We may remove any content and/or terminate a User account for uploading material in violation of this Agreement at any time, without prior notice and at our sole discretion.


8. DIGITAL MILLENNIUM COPYRIGHT ACT.

We comply with the provisions of the Digital Millennium Copyright Act applicable to internet organizations (17 U.S.C. §512, as amended). If you believe your work has been infringed in material hosted by the Service you may contact our Designated Agent at the following address:

Plan C, LLC
Copyright Manager
1179 Main St. STE 1, PO Box 3060 Wakefield MA, 01880 USA
copyright@amicredible.ai


a. DMCA Notices. Any notice alleging that materials hosted by or distributed through the Service infringe copyright must include the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright being infringed; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the material that you claim is infringing and where it is located on the Service; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner's behalf. If we take measures to remove or disable content, we will make a good-faith attempt to contact the user who uploaded the content so that he or she may make a counter-notification pursuant to 17 U.S.C. § 512(g) of the Copyright Act. Your complaint, along with your personally identifying information, may be shared with the user who uploaded the content at issue. It is our policy to document all notifications of alleged infringement on which we act. As with all legal notices, a copy of the notification may be sent to one or more third parties who may make it available to the public.


b. Counter Notices. If material that you have posted to the Service has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following: (i) a physical or electronic signature of the subscriber; (ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (iv) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which Company may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.


c. Repeat Infringers. It is our policy to terminate in appropriate circumstances the accounts of Users that are repeat infringers or repeatedly violate these Terms of Service.


d. Other Complaints. If you have a claim related to trademarks, intellectual property other than copyright, or other matters, you may contact us at copyright@amicredible.ai .


9. Feedback.

If you provide to us (directly or indirectly, and by any means) any comments, feedback, suggestions, ideas, or other submissions related to the Service (collectively "Feedback"), the Feedback will be the sole property of Company. We will be entitled to use, reproduce, disclose, publish, distribute, and otherwise exploit in any manner, all Feedback, without restriction and without compensating you in any way. We are and shall be under no obligation to maintain any Feedback in confidence, or to respond to any Feedback.


10. Warranty Disclaimers and Limitations of Liability.

THE SERVICE IS PROVIDED "AS IS", WITH ALL FAULTS. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (A) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; (B) THAT THE SERVICE OR OUR PROPERTY WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; AND (C) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR RESULTS OBTAINED FROM THE SERVICE OR OUR PROPERTY. ARTIFICIAL INTELLIGENCE IS AN EXPERIMENTAL TECHNOLOGY. THE SERVICE MAY PROVIDE USERS WITH INACCURATE, UNRELIABLE OR INAPPROPRIATE INFORMATION. WE EXPRESSLY DISCLAIM ALL LIABILITY FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE RESULTS OR ANY RELIANCE THEREON, INCLUDING WITHOUT LIMITATION FOR DEFAMATION, LIBEL, SLANDER, FALSE LIGHT, AND ANY OTHER SIMILAR CLAIMS, AND YOU HEREBY WAIVE ALL SUCH CLAIMS. We may pause or interrupt the Service at any time, and you should expect periodic downtime for updates to the Service. No advice or information, whether oral or written, obtained by you from us or through the Service will create any other warranty.


UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM US ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE, OR LOSS OF REPUTATION), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE OR OUR PROPERTY, EVEN IF WE HAVE BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.


TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE OR OUR PROPERTY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO: (A) FOR PAYING USERS, THE AMOUNT YOU HAVE PAID COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE DATE OF YOUR CLAIM, OR (B) FOR USERS OF THE BASIC VERSION OF THE SERVICE, TEN DOLLARS ($10).


SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.


11. Cloud Services and Third Party Services.

Without limitation of the disclaimers and limitations of liability set forth in Section 10, you acknowledge and agree as follows: (a) we provide the Service using cloud computing services of one or more third party cloud providers (collectively, the "Cloud Providers"); and (b) we shall not be responsible or liable to you for any act, omission or failure of any Cloud Provider.


The Service may depend upon, interact with or enable access to third parties' information, other content, services or websites (each, a "Third Party Service"), which may in each case be accompanied by separate terms of use. Use of each Third Party Service may require that you accept additional terms of use. You must comply with the applicable terms of use when using the Third Party Service and the Service. Company does not endorse, and hereby disclaims all liability or responsibility to you or any other person for, any Third Party Services.


12. Indemnity.

You will indemnify us, and our licensors, providers and agents, against any and all claims, actions, proceedings, suits, liabilities, losses, damages, costs, expenses and attorneys' fees ("Liabilities") arising out of or related to your breach of this Agreement or your use of the Service (but excluding any Liabilities to the extent caused by our negligence or willful misconduct). We reserve the right to assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which you are obliged to indemnify us. You will cooperate with us with respect to such defense and settlement.


13. Our Privacy Policy.

We operate the Service under the Privacy Policy published at https://www.amicredible.ai/privacy-policy.html (the "Privacy Policy"), which is hereby incorporated into this Agreement. Each party shall comply with the Privacy Policy.


14. Term and Termination.

a. Term. The term of this Agreement ("Term") shall commence on the Effective Date. The "Effective Date" shall be the date User first accesses the Service, for users of the free version, or the effective date of access to the premium version, for users of the premium version. If you purchase a paid subscription for the premium version of the Service, the term of such subscription shall commence on the Effective Date for the paid subscription and, unless earlier terminated as set forth herein, shall continue for the subscription term you purchase, unless otherwise terminated as described in this Section 14.


b. Termination. Either party may terminate this Agreement for convenience and without cause at any time by providing thirty (30) days' prior written notice to the other party (for premium version subscriptions) or by discontinuing provision of, or use of, the Service, as applicable (for free version accounts). Either party may terminate this Agreement by written notice thereof to the other party, if the other party materially breaches this Agreement and does not cure such breach within fifteen (15) days after written notice thereof. Company may terminate this Agreement immediately if User becomes the subject of any voluntary or involuntary petition in bankruptcy or any voluntary or involuntary proceeding relating to insolvency, receivership, liquidation, or composition for the benefit of creditors, if such petition or proceeding is not dismissed within sixty (60) days of filing. We reserve the right to suspend your access to the Service at any time if we believe you are in breach of this Agreement.


c. Effects of Termination. Upon any expiration or termination of this Agreement: (a) all rights granted to User hereunder shall terminate, and Company shall no longer provide access to the Service to User, (b) User shall cease and cause its users to cease using the Service, and (c) Company shall not be liable to you, or any third party, for compensation, reimbursement, or damages in connection with your use of the Service or for termination of access to the Service.


d. Survival. Any obligations that have accrued prior to expiration or termination, including payment obligations, shall survive expiration or termination of this Agreement. In addition, the following Sections, as well as any other provisions herein which by their nature should survive, shall survive expiration or termination of this Agreement: Sections 2-13, 14.c, 14.d, 15-18, and 20-23.


15. Modification of Service and Agreement.

We reserve the right to modify the Service at any time, without notice to you. We may also from time to time amend this Agreement prospectively. If we do so, we will notify you by posting on our website. You agree that your continued use of the Service constitutes your agreement to the amended Agreement. If you do not agree to any amended Agreement that we publish, you must cease using the Service.


16. Applicable Law.

You and we each agree that all disputes or other matters arising from or relating to this Agreement, or the use or operation of the Service, will be governed by the substantive laws of the Commonwealth of Massachusetts, U.S.A., without regard to its or any other jurisdiction's conflicts of laws principles that would apply another law. Any action or proceeding by you relating to any claim arising from or relating to the Service or this Agreement must commence within the shorter of the applicable statute of limitations or one year after the cause of action has accrued. The United Nations Convention for the International Sale of Goods is hereby disclaimed.


17. Arbitration.

We will attempt to resolve disputes with Users to their satisfaction. If, however, a matter arises that cannot be resolved promptly between you and us, you agree that any disputes arising out of or relating to the Service or this Agreement (including the validity and scope of the agreement to arbitrate and any disputes with other users of the Service) shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") under the Federal Arbitration Act, and shall be conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA (for information on the AAA and its rules, see adr.org). You agree that the arbitration shall be held in Boston, Massachusetts, unless the AAA or the arbitrator shall determine that venue in such city is unreasonably burdensome, in which case the AAA or the arbitrator shall select a venue that is not unreasonably burdensome to both you and us. You agree that, if the AAA shall be unavailable or decline to administer the arbitration, and the parties do not agree on a substitute, a substitute administrator or arbitrator shall be appointed by the court. This provision shall not apply to claims of patent, trademark, or copyright infringement or misappropriation of trade secrets (collectively, "IP Claims"). In addition, you or we may elect to bring an individual claim in a small claims court, but we do not hereby agree to any personal jurisdiction that is otherwise lacking.


You agree that any arbitration shall not permit claims on a class, mass, representative, or private attorney general basis. You further agree that no claims of other parties may be consolidated with your or our claims in the arbitration without both your and our consent. YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS, MASS, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION AGAINST US.


If any part of this Arbitration clause is later deemed invalid as a matter of law, then it shall be severed and the remaining portions of this Section 17 shall remain in effect, with the exception that if the preceding paragraph is deemed invalid, then this entire Section 17 shall be deemed invalid and the arbitration clause shall be void.


18. Jurisdiction

With respect to any IP Claims (as defined above) that are not subject to arbitration under the above provision, you hereby consent to non-exclusive jurisdiction and venue in any federal or state court located within the Commonwealth of Massachusetts, U.S.A., with respect to any suit, claim or cause of action arising from or relating to the Service or this Agreement, and you shall not bring any such suit, claim or cause of action except in a court located within the Commonwealth of Massachusetts, U.S.A.


19. Force Majeure.

In no event will we be liable for any failure to comply with this Agreement to the extent that such failure arises from factors outside our reasonable control.


20. Compliance with Laws.

You will comply with all laws and regulations applicable to your activities under or in connection with this Agreement, including without limitation United States export control laws, regulations and executive orders.


21. Geography.

We are based in the United States. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.


22. Children.

The Service is not directed to users under the age of 13. The Service does not knowingly collect personal information from children under the age of 13. If you are under the age of 13, you are not permitted to use the Service or to send personal information to Company.


23. Miscellaneous Provisions.

No delay or omission by us in exercising any of our rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by us of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein. No waiver will be binding on us unless made in an express writing signed by us. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between us and you regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. This Agreement and your rights and obligations hereunder are not assignable, or otherwise transferable or delegable, by you to any third party without our prior written consent in our sole discretion. Any purported assignment, transfer or delegation without such consent will be null and void. We may assign or otherwise transfer or delegate this Agreement (including any rights or obligations hereunder), including to any purchaser of our business, from time-to-time in our sole discretion. This Agreement will be binding upon and inure to the benefit of the parties' successors and permitted assigns. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a "signing" for all purposes. As used herein and unless the intent is expressly otherwise in a specific instance, the terms "include," "includes" or "including" shall not be limiting and "or" shall not be exclusive. Any section headings herein are for convenience only and do not form a part of, and will not be used in the interpretation of, the substantive provisions of this Agreement. You agree that email to your email address on record will constitute formal notice under this Agreement. There shall be no third party beneficiaries to this Agreement.


Last Updated: May 2025
Copyright © 2025: Plan C, LLC