Our Terms of Service

Chicago AI -- Terms of Service

Last updated: April 2026

These Terms of Service ("Agreement") govern your access to and use of the services, products, software, and websites operated by Chicago AI ("Provider"). By accessing or using the Platform in any manner, you acknowledge that you have read, understood, and agree to be legally bound by this Agreement in its entirety. If you do not agree to these terms, you must immediately discontinue all use of the Platform.

1. Definitions

• "Provider" means Chicago AI and all of its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, and successors.
• "Platform" means all services, products, applications, APIs, websites, and software developed, operated, or maintained by the Provider, including but not limited to Newton AI, Archimedes AI, and Content AI.
• "Consumer" means any individual, entity, or organization that accesses or uses the Platform in any capacity.
• "Vendors" means any third-party service providers whose products or services the Platform depends upon or integrates with, including but not limited to Stripe and OpenAI.
• "Content" means any data, text, images, code, models, prompts, outputs, or other material submitted to, processed by, or generated through the Platform.
• "AI-Generated Output" means any response, content, code, image, or other material produced by the Platform's artificial intelligence systems in response to a Consumer's input.
• "Credits" means usage token credits purchased or otherwise credited to a Consumer's account for consumption of Platform services.
• "Beta Feature" means any product, service, or feature made available by the Provider on a pre-release, experimental, or limited-availability basis, whether or not expressly labeled as such.
• "Feedback" means any suggestion, idea, enhancement request, recommendation, correction, or other communication submitted by the Consumer to the Provider regarding the Platform or its services, whether solicited or unsolicited.

2. Acceptance of Terms

Any access to or use of the Platform constitutes the Consumer's full and unconditional acceptance of this Agreement. This Agreement is legally binding to the fullest extent permitted by applicable law. Any term that is rendered void or unenforceable under applicable law shall be severed from this Agreement without affecting the enforceability of the remaining terms. The Provider reserves the right to amend this Agreement at any time without prior notice. Continued use of the Platform following any amendment constitutes acceptance of the revised terms.

3. Eligibility

• The Consumer must be at least eighteen (18) years of age to use the Platform. Consumers under the age of eighteen (18) may only use the Platform through an account created and supervised by a parent or legal guardian who has explicitly consented to this Agreement on the minor's behalf.
• The Platform is available only to users accessing it from within the United States, unless a separate written arrangement has been made with the Provider. Any access attempt originating outside the United States will be refused absent such an arrangement.
• The Provider reserves the right to verify the Consumer's identity, age, email address, funding source ownership, domain ownership, geographic location, or any other information relevant to the safe and lawful operation of the Platform, at any time and without prior notice. The Consumer agrees to provide supporting documentation promptly upon request.

4. Account Responsibilities

• The Consumer is solely responsible for all activity that occurs under their account, including all usage by employees, agents, or any other party acting under their credentials.
• The Consumer agrees to keep all account credentials, API keys, and passwords strictly confidential and not to share them with any third party under any circumstances.
• The Consumer agrees not to create duplicate or otherwise illegitimate accounts for the purpose of exploiting promotional offers or circumventing account restrictions.
• The Consumer agrees not to act as a proxy for, or otherwise enable or assist, any unauthorized person or entity in accessing the Platform, without express prior written permission from the Provider.
• The Consumer agrees to notify the Provider immediately upon discovering or suspecting any unauthorized use of their account, API keys, or credentials, and to immediately reset all affected credentials.
• The Consumer agrees to notify the Provider immediately if they lose access to, or suspect compromise of, the email address associated with their account.
• The Consumer agrees to receive electronic communications from the Provider via email or text message as necessary for the operation and administration of their account.

5. Acceptable Use

The Consumer agrees to use the Platform only for lawful purposes and in a manner consistent with this Agreement. Without limiting the foregoing, the Consumer expressly agrees to the following:

• The Consumer shall not use the Platform in furtherance of, or in connection with, any criminal activity of any nature or magnitude, in any jurisdiction.
• The Consumer shall not use the Platform to create, distribute, or process any content that is harmful, hateful, harassing, defamatory, fraudulent, deceptive, or otherwise objectionable, as determined at the Provider's sole discretion.
• The Consumer shall not use the Platform to create, distribute, or process any sexually explicit or sexually suggestive content, as determined at the Provider's sole discretion.
• The Consumer shall not use the Platform to create, distribute, or process content related to the design, manufacture, distribution, or marketing of weapons of any kind.
• The Consumer shall not use the Platform to generate, distribute, or facilitate spam, misinformation, or coordinated inauthentic behavior of any kind.
• The Consumer shall not use the Platform to create, distribute, or process malware, ransomware, spyware, or any other malicious software or code.
• The Consumer shall not use the Platform to poison, corrupt, reverse-engineer, or otherwise interfere with any artificial intelligence model, training dataset, or machine-learning algorithm, whether owned by the Provider or any third party.
• The Consumer shall not use the Platform to engage in academic dishonesty, plagiarism, or any form of academic or professional fraud.
• The Consumer shall not conduct security testing, penetration testing, or vulnerability research against the Platform without express prior written authorization from the Provider.
• The Consumer shall not exploit, manipulate, or take advantage of any defect, vulnerability, or malfunction in the Platform. The Consumer agrees to notify the Provider immediately upon discovering any such issue.
• The Consumer shall not use any automated means, bots, scrapers, or scripts to access or interact with the Platform without express prior written permission from the Provider.
• The Consumer shall not use a VPN, proxy, or any other technology to mask their geographic location or to circumvent any geographic restriction imposed by the Provider.
• The Consumer shall not deploy or embed any Platform product or service on any webpage, website, or domain for which the Consumer does not have the legal right or authority to do so.
• The Consumer shall not resell, sublicense, or redistribute any service or function of the Platform without the express prior written consent of the Provider.
• The Consumer shall not use the Platform commercially in a manner for which it was not expressly intended, without the express prior written consent of the Provider.
• The Consumer is responsible for moderating and supervising all use of the Platform conducted under their account. Failure to do so in a manner that results in a violation of this Agreement constitutes a breach of this Agreement by the Consumer.
• The Consumer agrees to notify the Provider promptly upon discovering or suspecting any use of the Platform that may constitute a violation of this Agreement.

6. Intellectual Property and Content

• The Consumer shall not upload, submit, process, or otherwise handle any content on or through the Platform for which the Consumer does not hold the necessary legal rights, licenses, or permissions, including but not limited to copyrighted materials owned by third parties.
• The Consumer shall not upload or submit any Personally Identifiable Information ("PII") or other sensitive, regulated, or confidential data to the Platform as training data or as input to any Platform service, under any circumstances.
• The Consumer shall not provide data sources or repository access to any Platform tool or service for which the Consumer does not hold the legal right to do so.
• Ownership of AI-Generated Output. The Provider makes no claim of ownership over AI-Generated Output produced in response to the Consumer's inputs. Subject to the Consumer's compliance with this Agreement, the Consumer retains any rights they may hold in such output to the extent permitted by applicable law. The Consumer acknowledges, however, that AI-Generated Output may not be protectable by copyright or other intellectual property law, and that similar or identical output may be generated for other Consumers. The Provider grants no warranties regarding the Consumer's ability to obtain intellectual property protection for AI-Generated Output.
• All trademarks, service marks, trade names, software, source code, models, and other proprietary materials comprising the Platform are and remain the exclusive property of the Provider. Nothing in this Agreement grants the Consumer any right, title, or interest in the Provider's intellectual property.

7. AI Output Disclaimer

The Consumer acknowledges and agrees that AI-Generated Output is produced by probabilistic systems and may contain errors, inaccuracies, omissions, or content that is outdated, misleading, or otherwise unsuitable for the Consumer's purposes. The Provider makes no representation or warranty of any kind, express or implied, regarding the accuracy, completeness, reliability, fitness for a particular purpose, or legality of any AI-Generated Output. The Consumer is solely responsible for independently verifying any AI-Generated Output before relying upon it for any decision, action, or purpose. The Provider disclaims all liability for any harm, loss, or damage arising from the Consumer's reliance on AI-Generated Output.

8. No Professional Advice

NOTHING ON THE PLATFORM OR IN ANY AI-GENERATED OUTPUT CONSTITUTES LEGAL, MEDICAL, FINANCIAL, TAX, INVESTMENT, ACCOUNTING, PSYCHOLOGICAL, THERAPEUTIC, OR ANY OTHER FORM OF LICENSED PROFESSIONAL ADVICE. THE PLATFORM IS NOT A SUBSTITUTE FOR THE ADVICE OF A QUALIFIED PROFESSIONAL. THE CONSUMER SHOULD NOT ACT OR REFRAIN FROM ACTING ON THE BASIS OF ANY AI-GENERATED OUTPUT WITHOUT FIRST OBTAINING INDEPENDENT ADVICE FROM A LICENSED PROFESSIONAL COMPETENT IN THE RELEVANT SUBJECT MATTER AND JURISDICTION.

No communication between the Consumer and the Provider, whether through the Platform or otherwise, creates any professional-client, attorney-client, fiduciary, or other privileged relationship of any kind. The Provider expressly disclaims all liability arising from any Consumer reliance on AI-Generated Output as professional advice.

9. Payment, Credits, and Billing

• All purchases of Credits or any other transactions on the Platform are final, non-transferable, and non-refundable under any and all circumstances.
• Credits have no monetary value, are not financial assets, and are not redeemable for cash or any other consideration. Credits are unsecured and are not protected by any deposit insurance or similar scheme.
• Credits expire one hundred eighty (180) days from the date they are added to the Consumer's account.
• The Consumer agrees to use only funding sources for which the Consumer holds the legal right and authority.
• The Provider reserves the right to modify the price or cost of any product or service offered on the Platform at any time, for any reason, without prior notice, at the Provider's sole discretion.
• The Provider reserves the right to limit, modify, or restrict the amount of funds that may be added to or spent from a Consumer's account, at any time, for any reason, without prior notice.
• In the event the Consumer is found to have violated this Agreement, the Consumer agrees to forfeit all Credits and funds held in their account on the Platform.

10. Data Collection, Privacy, and AI Training

• The Consumer agrees to permit the Provider to collect anonymized usage and performance data generated through the Consumer's use of the Platform for the purposes of service improvement, analytics, and Platform operations.
• The Provider reserves the right to sanitize, anonymize, and retain indefinitely any data generated through the Consumer's use of the Platform, and to use such data for any lawful purpose at the Provider's sole discretion, without providing notice, accounting, or compensation to the Consumer.
• AI Model Training. The Consumer expressly acknowledges and agrees that inputs, prompts, and interactions submitted through the Platform may, in anonymized and aggregated form, be used by the Provider to train, fine-tune, evaluate, and improve artificial intelligence models and related systems. The Provider will not use raw, identifiable Consumer inputs for model training without the Consumer's express written consent.
• The Consumer's use of the Platform is also subject to the Provider's Privacy Policy, available at chicagoai.io/privacy-policy, which is incorporated into this Agreement by reference.
• The Consumer agrees to notify the Provider as soon as reasonably practicable upon suffering or discovering a data breach, ransomware attack, or any other cyber security event that may pose a risk to the Platform or to the security of the Consumer's credentials.
• In the event of a security incident described above, the Consumer agrees to immediately reset all credentials associated with their Platform account.

11. Platform Availability and Modifications

• The Platform is provided "as is" and "as available," without warranty of any kind. The Provider is under no obligation to provide the Consumer with support, maintenance, uptime guarantees, or any other service level commitment.
• The Consumer acknowledges that the Platform depends in part on the services of Vendors, and that outages or disruptions in Vendor services may result in Platform unavailability. The Provider is not liable for any harm or loss arising from such circumstances.
• The Provider reserves the right to modify, suspend, restrict, or discontinue any product, service, or feature offered through the Platform, in whole or in part, at any time, for any reason, without prior notice.
• The Provider reserves the right to implement rate limits or other usage restrictions on any Consumer's access to the Platform, at any time, for any reason, at the Provider's sole discretion.
• Beta Features. Certain Platform features may be made available as Beta Features. Beta Features are provided without any warranty of any kind, may contain errors, may be substantially modified or discontinued at any time without notice, and are subject to all disclaimers and limitations set forth in this Agreement. The Consumer's use of any Beta Feature is entirely at the Consumer's own risk. The Provider shall have no liability whatsoever arising from or related to any Beta Feature.

12. Account Suspension and Termination

• The Provider reserves the right to suspend, restrict, modify, or permanently terminate the Consumer's account, and to refuse service to any Consumer, for any reason, at any time, without prior notice or explanation.
• The Provider reserves the right to modify, cancel, or alter any subscription held by the Consumer at any time, for any reason, without prior notice, at the Provider's sole discretion.
• A finding by the Provider that the Consumer has violated this Agreement shall constitute a breach of all other contracts and agreements between the Consumer and the Provider, unless explicitly stated otherwise in the applicable contract.
• The Consumer acknowledges that failure to comply with this Agreement may result in permanent suspension from the Platform and may carry serious legal and financial consequences.

13. Third-Party Services

By using the Platform, the Consumer also agrees to be bound by the terms of service of the following Vendors:

• Stripe -- Consumer Terms of Service
• OpenAI -- Terms of Use

Any violation of a Vendor's terms of service by the Consumer constitutes a violation of this Agreement. The Provider is not responsible for the acts, omissions, or policies of any Vendor.

14. Export Controls and Sanctions Compliance

The Consumer represents, warrants, and agrees that:

• The Consumer is not located in, organized under the laws of, or ordinarily resident in any country or territory subject to a comprehensive U.S. embargo, including but not limited to Cuba, Iran, North Korea, Russia, Syria, and the Crimea, Donetsk, and Luhansk regions.
• The Consumer is not identified on, and is not owned or controlled by any person or entity identified on, any U.S. Government restricted party list, including without limitation the OFAC Specially Designated Nationals and Blocked Persons List ("SDN List"), the U.S. Commerce Department's Entity List or Denied Persons List, or any equivalent list maintained by a U.S. government agency.
• The Consumer will not access or use the Platform in violation of any U.S. export control law or regulation, including without limitation the Export Administration Regulations ("EAR") and the regulations administered by the Office of Foreign Assets Control ("OFAC").
• The Consumer will not directly or indirectly export, re-export, transfer, or otherwise make available any Platform service, technology, or AI-Generated Output to any person, entity, or destination in violation of applicable export control laws.
• The Consumer agrees to notify the Provider immediately upon becoming aware of any potential violation of this section, and to cooperate fully with any government investigation related thereto.

15. DMCA and Copyright Infringement Policy

The Provider respects the intellectual property rights of others and expects Consumers to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), the Provider will respond to valid notices of alleged copyright infringement. If you believe that content available through the Platform infringes a copyright you own or control, you may submit a written notice to the Provider's designated DMCA agent at:

DMCA Agent: Chicago AI Legal
Email: legal@chicagoai.io

A valid DMCA takedown notice must include: (a) a physical or electronic signature of the copyright owner or authorized agent; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the infringing material and its location on the Platform; (d) the complainant's contact information; (e) a statement of good-faith belief that the use is not authorized; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that the complainant is authorized to act on behalf of the copyright owner.

A Consumer who believes that content removed in response to a DMCA notice was removed in error may submit a counter-notice to the DMCA Agent containing the information required by 17 U.S.C. Section 512(g)(3). Consumers who repeatedly infringe the copyrights of others may have their accounts terminated at the Provider's sole discretion.

16. Consumer Representations and Warranties

By accessing or using the Platform, the Consumer represents and warrants to the Provider that, as of the date of each access or use:

• If the Consumer is an individual, the Consumer has the legal capacity to enter into a binding contract and is at least eighteen (18) years of age.
• If the Consumer is entering into this Agreement on behalf of a legal entity, the Consumer has the authority to bind that entity to this Agreement, and the entity has full power and authority to perform its obligations hereunder.
• The Consumer is not a person or entity subject to any applicable sanctions, export control restrictions, or government watch lists as described in Section 14.
• The Consumer's use of the Platform does not and will not violate any applicable law, regulation, or the rights of any third party.
• All information the Consumer provides to the Provider is, and will at all times remain, accurate, current, and complete.
• The Consumer has independently reviewed this Agreement and is not relying on any representation or promise made by the Provider that is not expressly set forth herein.

17. Feedback and Suggestions

Any Feedback the Consumer submits to the Provider, whether through the Platform, email, support channels, or any other means, shall become the exclusive property of the Provider immediately upon submission. The Consumer hereby irrevocably assigns to the Provider all right, title, and interest in and to all Feedback, including all intellectual property rights therein, worldwide and in perpetuity. The Provider shall be entitled to use, reproduce, modify, adapt, publish, translate, distribute, exploit, and otherwise commercially exploit any Feedback in any manner and for any purpose without restriction, attribution, or compensation of any kind to the Consumer. The Consumer waives any moral rights or similar rights in the Feedback to the fullest extent permitted by applicable law.

18. Relationship of Parties

Nothing in this Agreement shall be construed to create a partnership, joint venture, franchise, employment, agency, fiduciary, or any other special relationship between the Consumer and the Provider. The Consumer has no authority to bind the Provider in any manner or to act on its behalf. Neither party may represent itself as an agent, employee, or legal representative of the other party.

19. Assignment

The Consumer may not assign, delegate, or transfer this Agreement or any of the Consumer's rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the Provider. Any purported assignment in violation of this section is null and void. The Provider may freely assign, delegate, or transfer this Agreement, in whole or in part, including in connection with a merger, acquisition, corporate reorganization, sale of assets, or by operation of law, without notice to or consent from the Consumer. This Agreement shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

20. Notice Requirements

Any legal notice required or permitted under this Agreement shall be delivered as follows:

• Notices to the Provider must be sent via email to legal@chicagoai.io with a subject line identifying the nature of the notice, or via certified mail to the Provider's principal business address on file. Notices sent by email are deemed received upon confirmation of delivery; notices sent by certified mail are deemed received three (3) business days after mailing.
• Notices to the Consumer will be sent to the email address associated with the Consumer's account. It is the Consumer's sole responsibility to keep their account email address current and accurate. Notice sent to the Consumer's account email address is deemed received twenty-four (24) hours after transmission, regardless of whether the Consumer actually reads it.
• The Provider may also provide notices of general application, including amendments to this Agreement, by posting them on the Platform. Such notices are effective immediately upon posting.

21. Disclaimers of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND ALL SERVICES, CONTENT, AND AI-GENERATED OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR AVAILABILITY. THE PROVIDER DOES NOT WARRANT THAT THE PLATFORM WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR FREE OF HARMFUL COMPONENTS.

22. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PROVIDER BE LIABLE TO THE CONSUMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE CONSUMER'S USE OF THE PLATFORM, REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER OR NOT THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROVIDER'S TOTAL CUMULATIVE LIABILITY TO THE CONSUMER FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY THE CONSUMER TO THE PROVIDER IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).

This limitation of liability applies to all claims regardless of the form of action, whether based in contract, tort, negligence, strict liability, or otherwise, and shall survive the termination or expiration of this Agreement. Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions, the Provider's liability shall be limited to the fullest extent permitted by applicable law.

23. Indemnification

The Consumer agrees to defend, indemnify, and hold harmless the Provider and its affiliates, officers, directors, employees, agents, licensors, and Vendors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to: (a) the Consumer's use of the Platform; (b) the Consumer's violation of this Agreement; (c) the Consumer's violation of any applicable law, regulation, or third-party right; (d) any content submitted, processed, or generated by or on behalf of the Consumer through the Platform; or (e) the Consumer's breach of any representation or warranty made in this Agreement.

24. Force Majeure

The Provider shall not be liable for any delay or failure to perform any obligation under this Agreement to the extent that such delay or failure is caused by circumstances beyond the Provider's reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, government action, labor disputes, power outages, internet disruptions, or failures of third-party services or infrastructure.

25. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict-of-law provisions. Subject to the arbitration clause below, the Consumer consents to the exclusive jurisdiction of the state and federal courts located in Cook County, Illinois, for the resolution of any dispute arising out of this Agreement.

Mandatory Binding Arbitration. ANY AND ALL DISPUTES, CONTROVERSIES, OR CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE PLATFORM, OR THE CONSUMER'S USE THEREOF -- INCLUDING ANY QUESTION REGARDING THE EXISTENCE, VALIDITY, INTERPRETATION, BREACH, OR TERMINATION OF THIS AGREEMENT -- SHALL BE EXCLUSIVELY AND FINALLY RESOLVED BY BINDING INDIVIDUAL ARBITRATION. Arbitration is administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, which are incorporated herein by reference. The arbitration shall be conducted in Chicago, Illinois, or by remote means if mutually agreed. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Costs of Arbitration. THE CONSUMER SHALL BEAR ALL COSTS AND FEES ASSOCIATED WITH ANY ARBITRATION PROCEEDING INITIATED BY OR ON BEHALF OF THE CONSUMER, INCLUDING WITHOUT LIMITATION ALL AAA FILING FEES, ADMINISTRATIVE FEES, AND ARBITRATOR COMPENSATION. THE PROVIDER SHALL NOT BE REQUIRED TO ADVANCE OR REIMBURSE ANY PORTION OF THE CONSUMER'S ARBITRATION COSTS UNLESS REQUIRED BY APPLICABLE LAW. IF THE CONSUMER IS UNABLE TO PAY THE REQUIRED FEES, THE CONSUMER MAY APPLY FOR A FEE WAIVER DIRECTLY TO THE AAA PURSUANT TO ITS FEE WAIVER POLICY.

Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE CONSUMER WAIVES THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING AGAINST THE PROVIDER. ALL DISPUTES MUST BE BROUGHT SOLELY IN THE CONSUMER'S INDIVIDUAL CAPACITY. ANY CLAIM THAT ALL OR PART OF THIS CLASS ACTION WAIVER IS UNENFORCEABLE, UNCONSCIONABLE, VOID, OR VOIDABLE MAY BE DETERMINED ONLY BY A COURT OF COMPETENT JURISDICTION AND NOT BY AN ARBITRATOR.

Small Claims Exception. Notwithstanding the foregoing, either party may bring an individual claim in a small claims court of competent jurisdiction for disputes within the court's jurisdictional limit, provided the claim is not part of a class or representative action.

26. Statute of Limitations

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE PLATFORM, OR THE CONSUMER'S USE THEREOF MUST BE FILED WITHIN ONE (1) YEAR AFTER THE DATE ON WHICH THE CLAIM OR CAUSE OF ACTION FIRST ACCRUED. ANY CLAIM NOT FILED WITHIN THIS PERIOD SHALL BE PERMANENTLY BARRED, REGARDLESS OF ANY APPLICABLE STATUTORY LIMITATIONS PERIOD TO THE CONTRARY. THE CONSUMER EXPRESSLY WAIVES ANY LONGER STATUTE OF LIMITATIONS THAT MAY BE PROVIDED BY APPLICABLE LAW.

27. Non-Waiver

No failure or delay by the Provider in exercising any right or remedy under this Agreement shall be construed as a waiver of that right or remedy, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise thereof. No deviation from or departure from the terms of this Agreement by the Provider shall constitute a waiver, amendment, or modification of any provision of this Agreement unless expressly confirmed in writing by an authorized representative of the Provider.

28. Severability and Entire Agreement

If any provision of this Agreement is held to be invalid, void, or unenforceable under applicable law, that provision shall be deemed severed from this Agreement, and the remaining provisions shall continue in full force and effect. This Agreement, together with the Provider's Privacy Policy, constitutes the entire agreement between the Consumer and the Provider with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, representations, and understandings relating thereto.