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Terms of Service

Legal
Terms of ServicePrivacy PolicyPrivacy (California/CCPA)Cookies PolicyAcceptable Use2257 ExemptionDMCA PolicyTAKE IT DOWN ActComplaints PolicyAppeals PolicyDisclosure
Terms of ServicePrivacy PolicyPrivacy (California/CCPA)Cookies PolicyAcceptable Use2257 ExemptionDMCA PolicyTAKE IT DOWN ActComplaints PolicyAppeals PolicyDisclosure

Terms of Service

Last Updated: December 12, 2025

Acceptance of the Terms of Service

These terms of service are entered into between you and Polaris Digital LLC (the "Company," "we," or "us"). The following terms and any documents they reference govern your access to and use of goon.com, including any content, functionality, and services offered on or through goon.com (collectively, the "Service"), whether as a guest or a registered user.

Please read these terms of service carefully before you start to use the Service. By accessing or using the Service or by clicking to accept or agree to these terms of service when this option is made available to you, you accept and agree to be bound and abide by these terms of service and our acceptable use policy ("AUP"), found at https://goon.com/acceptable-use, which is part of these terms of service. If you do not want to agree to these terms of service or the AUP, you must not access or use the Service.

These terms of service require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. For more information, see the Arbitration and Class Action Waiver.

The Service is offered and available only to individuals who are at least 18 years of age (or the age of majority where they live, if higher), reside in a jurisdiction that permits access to adult-oriented material, and do not otherwise find such material offensive. By using the Service, you state that you meet these requirements, are of legal age to form a binding contract with the Company, and satisfy any applicable age verification laws in your jurisdiction. You acknowledge that the Service contains sexually explicit material, and you are accessing it willingly and at your own risk. If you do not meet these requirements, you must not access or use the Service.

The Service generates fictional, adult-oriented content using artificial intelligence. All generated content is intended for entertainment purposes only and may depict nudity or sexually explicit themes involving fictional characters. No real persons are depicted, and any resemblance is purely coincidental.

Changes to the Terms of Service

We may revise and update these terms of service on one or more occasions. All changes are effective immediately when we post them and apply to all access to and use of the Service thereafter. But any changes to the dispute resolution provisions set out in Resolving Disputes will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the website.

Your continued use of the Service after the posting of revised terms of service means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Accessing the Service and Account Security

We may withdraw or amend the Service, including any material we provide through it, at any time without notice. We will not be liable if any part of the Service is unavailable for any reason. We may restrict access, whether for registered users or otherwise, to some or all parts of the Service on one or more occasions.

You are responsible for making all arrangements necessary to access the Service and for ensuring that all persons who access the Service through your internet connection are aware of and comply with these terms of service.

To access the Service or any resources we provide, you may be required to provide registration details or other information, and it is a condition of using the Service that all that information be accurate. Depending on your jurisdiction, you may also be required to verify your age or identity through one or more age-verification methods.

The Service uses third-party authentication and wallet-infrastructure providers. You may be permitted to sign up or log in using a third-party account (such as a social login or identity provider). By doing so, you authorize us to access certain information from your third-party account as permitted by the provider's terms and our Privacy Policy. Your use of any third-party authentication method is subject to the applicable third-party terms of service and privacy policies. These providers are not responsible for the Service, and any issues relating to your Service account must be directed to us.

When you create an account, a non-custodial embedded wallet is automatically provisioned for you on the Solana blockchain through our third-party wallet infrastructure provider. Your wallet remains non-custodial at all times. You maintain control of your private keys, and neither the Company nor our providers can access your wallet or any funds within it without your authentication. You are solely responsible for the security of your authentication method and for all activity under your account and wallet. When you choose to purchase credits, you authorize the transfer of USDC from your wallet to our administrative wallet; once transferred, those funds are in our possession and the transaction is irreversible.

You are solely and exclusively responsible for backing up and securing your wallet's private keys or recovery phrase. Our third-party wallet provider may offer functionality to export and back up your private keys, and it is your responsibility to use this functionality. We strongly recommend that you export and securely store your private keys or recovery phrase in a safe location before depositing any funds into the wallet. Failure to do so may result in permanent and irreversible loss of access to your wallet and all funds contained in it.

We cannot and do not guarantee continued access to your wallet or account. If you lose access to your authentication method (including email or social login), lose your private keys, or fail to back up your wallet, we may not be able to restore access to your wallet or recover your funds. Neither the Company nor our third-party wallet providers have the ability to recover, reset, or restore access to non-custodial wallets or retrieve lost private keys. Loss of wallet access will result in permanent loss of any funds in the wallet, and we are not responsible for such losses under any circumstances.

You acknowledge that you must export and securely back up your private keys or recovery phrase immediately after your account is created, and that you should store this backup information in multiple secure locations. You must never share your private keys or recovery phrase with anyone, and you remain solely responsible for the security of all private-key backup materials at all times. You further acknowledge that losing access to your authentication method, private keys, or recovery phrase will result in permanent and irreversible loss of access to your wallet and any funds contained in it, and that we have no obligation or ability to recover, restore, or otherwise provide access to lost wallets, private keys, or funds.

We may disable any username, password, login token, or other identifier, whether chosen by you or provided by us, for any reason, including if we believe you have violated these Terms or engaged in fraudulent or illegal activities.

Intellectual Property Rights

The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of them), other than User Content, are owned by the Company, its licensors, or other providers of that material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These terms of service allow you to use the Service for your personal, noncommercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as follows:

  • Your computer may temporarily store copies of those materials in RAM incidental to your accessing and viewing those materials.
  • You may store files automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages from the Service for your own personal, noncommercial use and not for further reproduction, publication, or distribution.
  • If we provide social media features with certain content, you may take those actions as are enabled by those social media features.

You must not:

  • Modify copies of any materials from the Service.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Service.

You must not access or use the Service, or any materials or features available through it, for commercial purposes.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of these terms of service, your right to use the Service will terminate immediately, and you must, at our option, return or destroy any copies of the materials you have made. No interest in the Service or any content within it is transferred to you, and the Company reserves all rights not granted in these terms of service. Any use of the Service not permitted by these terms of service is a breach of these terms of service and may violate copyright, trademark, and other applicable laws.

Trademarks

The Company name, the terms GOON, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use those marks without the Company's prior written permission. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.

Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these terms of service and the AUP. You must not use the Service:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or reuse any material that does not comply with the content restrictions and standards set out in the AUP.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  • To impersonate or try to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or that, as determined by us, may harm the Company or users of the Service, or expose them to liability.

Additionally, you must not:

  • Use our Service in a way that infringes, misappropriates, or violates anyone's rights.
  • Modify, copy, lease, sell, or distribute any part of our Service.
  • Attempt to or assist anyone to reverse engineer, decompile, or discover the source code or underlying components of our Service, including our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law).
  • Use Output to develop models that compete with the Service.
  • Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other person's use of the Service, including their ability to engage in real-time activities through the Service.
  • Conduct, facilitate, authorize, or permit any text or data mining or web scraping regarding the Service for any purpose, including the development, training, fine-tuning, or validation of AI systems or models. This includes using (or permitting, authorizing, or attempting the use of) (1) any "robot," "bot," "spider," "scraper," or other automated device, program, tool, algorithm, code, process, or methodology to access, obtain, copy, monitor, or republish any portion of the Service or any data, content, or information accessed through the Service, or (2) any automated analytical technique aimed at analyzing text and data in digital form to generate information or develop, train, fine-tune, or validate AI systems or models, including but not limited to patterns, trends, and correlations.
  • Use the Service or any data published by, contained in, or accessible through the Service for the purposes of developing, training, fine-tuning, or validating any AI system or model, or for any other purposes.
  • Use any manual process to monitor or copy any of the material on the Service, or for any other purpose not authorized in these terms of service, without our prior written consent.
  • Use any device, software, or routine that interferes with the Service's proper functioning, including circumventing any rate limits, restrictions, protective measures, or safety mitigations we put in place.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is hosted, or any server, computer, or database connected to the Service.
  • Attack the Service by a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise try to interfere with the Service's proper working.

User Content

You may provide input to the Service ("Input"), and receive output from the Service based on the Input ("Output"). Input and Output are collectively "User Content." You are responsible for User Content, including ensuring that it does not violate any applicable law, these terms of service, or the AUP. You state that you have all rights, licenses, and permissions needed to provide Input to our Service.

As between you and the Company, and to the extent permitted by applicable law, you (1) retain your ownership rights in Input and (2) own the Output. We hereby assign you all our interest, if any, in the Output, excluding any rights in our models, algorithms, data, or systems used to generate the Output.

Due to the nature of our Service and artificial intelligence generally, Output might not be unique and other users may receive similar Output from our Service. Our assignment above does not apply to similar or overlapping Output generated independently by other users.

By providing Input to the Service, you hereby grant the Company a nonexclusive, worldwide, royalty-free, irrevocable, sublicensable, and transferable license to use, reproduce, modify, distribute, and display your Input as necessary to operate, improve, and develop the Service. This license does not extend to publicizing or otherwise using your Input outside of the scope of these terms of service.

Sharing AI-Generated Content

You may have the option to share Outputs through public features of the Service. Any content you choose to share using these features is considered User Content and may be publicly accessible to other users or visitors.

By sharing User Content through these features, you acknowledge that:

  • You are solely responsible for the shared content and any consequences of its publication.
  • You grant the Company a nonexclusive, worldwide, royalty-free, irrevocable, sublicensable, and transferable license to host, display, reproduce, and distribute that content via the Service.
  • Shared content may be removed by the Company at any time, for any reason, including for violating our AUP.
  • You waive any expectation of privacy in connection with shared Outputs and understand that we cannot control how others may use, repost, or interpret your content once shared.

Monitoring and Enforcement; Termination

We may:

  • Remove or refuse to post any User Content for any reason.
  • Take any action regarding any User Content that we consider necessary or appropriate, including if we believe that the User Content violates these terms of service or the AUP, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of the Service's users or the public, or could create liability for the Company.
  • Disclose your identity or other information about you to any nonparty who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service, including posting illegal or unauthorized User Content. The Company will report any User Content that could be considered child sexual abuse material (CSAM) to the National Center for Missing and Exploited Children's CyberTipline and any other legal and regulatory bodies.
  • Terminate or suspend your access to all or part of the Service for any reason, including any violation of these terms of service or the AUP.

We may cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. You hereby waive and shall indemnify the Company and its affiliates, licensees, and service providers against any claims resulting from any action taken by any of the foregoing parties during, or taken because of, investigations by either those parties or law enforcement authorities.

We actively monitor material on the Service and review material before or after it is made available. We reserve the right to remove or restrict access to any material that we determine violates these terms of service (including our AUP), applicable law, or the rights of others. While we strive to respond promptly to violations, we cannot guarantee immediate removal in every instance. We are not responsible for any third-party material, but we take reasonable steps to detect and address misuse in accordance with our policies.

For information on how to report content you believe violates these terms of service, our AUP, or applicable law, please refer to our Complaints Policy and our TAKE IT DOWN Act Compliance Policy. These policies provide procedures for reporting unlawful, harmful, or nonconsensual content and explain how we process those complaints.

If you believe we have suspended or terminated your account in error, you can file an appeal with us by contacting us at info@goon.com in accordance with our Appeals Policy.

Copyright Infringement

If you believe that any User Content violates your copyright, please see our DMCA Policy for instructions on sending us a notice of copyright infringement. The Company's policy is to terminate the user accounts of repeat infringers.

AI-Generated Content Disclaimer

The Service uses artificial intelligence to generate fictional content based on your Inputs. This includes text-based chat, dialogue, and audio Outputs that may be adult-oriented, explicit, or fantastical in nature. All characters are fictional and do not represent real individuals. No Output should be considered professional, medical, psychological, or safety advice. You are solely responsible for how you choose to use, act upon, or interpret content generated by the Service.

All Output is generated automatically using machine learning models and is provided strictly for entertainment purposes. Because of the probabilistic and dynamic nature of these models, Output may sometimes be unpredictable, inaccurate, offensive, or inconsistent with your expectations. The Company does not exercise editorial control over Output (except for content moderation purposes), and does not verify, endorse, or guarantee the accuracy, legality, or appropriateness of any generated content.

Any resemblance between Output and real people, living or dead (including celebrities, public figures, or private individuals) is purely coincidental, unless that resemblance results from your or another user's misuse of the Service in violation of these terms of service.

You acknowledge that:

  • You will not rely on Output for decisions that may have legal, medical, psychological, financial, or personal consequences.
  • You will not use Output in a way that may harm or mislead others or violate the rights of any person, including rights of publicity, privacy, or intellectual property.
  • You are solely responsible for reviewing all Output for compliance with law and appropriateness before using, sharing, or acting upon it.

Output does not reflect the views or values of the Company. The presence or generation of specific content does not constitute the Company's approval, endorsement, or acceptance of that content. The Company disclaims all liability for harm, loss, or injury arising out of any reliance on or use of content generated by the Service.

The Service may simulate intimate, romantic, or personal interactions using fictional AI characters. These simulations are entirely artificial and are generated solely for entertainment or roleplay purposes. You are not communicating with a real person. Any emotional, romantic, or relational content is fictional and should not be interpreted as reflecting real human feelings, intent, or connection.

EU Digital Services Act (DSA) Disclosures

If you are a resident of the European Union, the following terms apply in accordance with the EU Digital Services Act (Regulation (EU) 2022/2065):

  • Intermediary Service Provider (Article 3(g) & Article 6 DSA): The Company operates the Service as a hosting provider and intermediary service. We store and display User Content and AI-generated Output at the direction of users, without prior editorial control. Our liability is limited under the DSA provided we act expeditiously to remove or disable access to illegal content upon receiving a valid notice.
  • DSA Transparency Reporting (Article 15 DSA): We will publish transparency reports as required by law, describing certain content moderation activities, including the number of notices received and removals carried out. We may also publish additional reports at our discretion.
  • Notice and Complaint Mechanisms (Articles 16 & 20 DSA): If you believe any content on the Service violates applicable law or our policies, you may submit a notice under our Complaints Policy. We will review all complaints promptly and provide a reasoned decision.
  • Appeal Rights (Article 17 DSA): If your content is removed or your account is restricted, you will be notified and may file an appeal in accordance with our Appeals Policy.
  • EU Contact Point (Article 11 DSA): Users in the EU may contact our designated contact point for DSA-related queries at:
    • Email: info@goon.com
    • Language: We accept correspondence in English.

These provisions apply only to users located in the European Union and do not extend rights or obligations to users outside the EU.

Changes to the Service

We may update, modify, or enhance the Service from time to time. While we strive to maintain accuracy, some material on the Service may be incomplete or outdated, and we are under no obligation to update it. We also reserve the right to discontinue, suspend, or limit access to any features, tiers, or subscription offerings at our sole discretion.

Information About You and Your Use of the Service

All information we collect through the Service is subject to our Privacy Policy. By using the Service, you hereby consent to all actions taken by us regarding your information in compliance with the Privacy Policy.

Credits and Payment Terms

Our Service operates on a credit-based system. Credits are automatically added to your account whenever USDC (USD Coin) is deposited into your self-custody embedded wallet.

All payments are processed via USDC on the Solana network. When you deposit USDC into your embedded wallet, you authorize our Service to automatically (1) transfer the USDC from your wallet to the goon.com administrative wallet, (2) where applicable, transfer referral commissions to affiliate wallets, and (3) credit the equivalent amount of credits to your account. By depositing funds, you authorize these automated transfers and acknowledge the inherent risks associated with cryptocurrency transactions.

Your embedded wallet remains non-custodial at all times. You maintain control of your private keys through our third-party wallet infrastructure provider, and we do not have access to your wallet or to any funds that remain in it. When you choose to purchase credits, you expressly authorize the automatic transfer of USDC from your wallet to our administrative wallet. Once that USDC transfer is completed, the funds are in our possession, and the transaction is irreversible under blockchain protocol. You retain full control of your wallet and any remaining funds.

We are not liable, responsible, or accountable for any funds held in your non-custodial wallet under any circumstances. This includes, without limitation, losses arising from theft, hacking, or unauthorized access; loss of private keys, recovery phrase, or authentication credentials; phishing, social engineering, or fraud; user error, including sending funds to incorrect addresses or initiating unintended transactions; smart-contract bugs, exploits, or vulnerabilities; network failures, congestion, or attacks; failures or breaches by third-party wallet providers; regulatory actions including freezes, seizures, or restrictions; death or incapacity of the wallet holder; any Service termination or shutdown; changes to third-party wallet provider terms; or any other cause, whether foreseeable or unforeseeable. You are solely responsible for the security and management of all funds in your wallet.

By providing access to non-custodial wallet functionality through a third-party provider, we do not establish any custodial relationship, fiduciary duty, trust relationship, or agency relationship with you regarding your wallet or funds. We are not a financial institution, money services business, or custodian. We do not control, hold, or have responsibility for any cryptocurrency or funds stored in your wallet, all of which remain exclusively under your control.

Credits are consumed when you submit a generation request, regardless of whether the generation completes successfully, you are satisfied with the Output, or you view or download the Output. We do not restore or reimburse credits for unsatisfactory, partial, or failed generations.

All credit purchases and deposits are final and non-refundable. We do not provide refunds, exchanges, or chargebacks under any circumstances, including unused credits; dissatisfaction with generated content; accidental purchases or deposits; account termination or suspension; or service interruptions or downtime.

You are solely responsible for all blockchain network fees (gas fees) associated with USDC transactions. These fees are separate from our service charges and are not refundable.

Referral and Affiliate Program

From time to time, we may make one or more referral or affiliate programs available in connection with the Service (each, a "Referral Program"). Participation in any Referral Program is optional. By participating in a Referral Program, you agree to this section and to any additional terms that we publish for that Referral Program ("Referral Terms"). If there is a conflict between this section and any Referral Terms, the Referral Terms will control for that specific program.

Eligibility and Qualifying Actions. Eligibility to participate in a Referral Program is at our sole discretion and may be limited by territory, user type, or other criteria. Commissions, rewards, or other incentives ("Referral Rewards") are earned only for actions that we designate as qualifying for the relevant Referral Program ("Qualifying Actions"), as recorded in our systems. Our measurements, tracking, and determination of whether a Qualifying Action has occurred are final and binding.

Accrual and Payment of Referral Rewards. Referral Rewards may be calculated based on credited purchases, credited usage, or other metrics that we specify. Referral Rewards will only accrue once: (a) the Qualifying Action is successfully completed and not cancelled, reversed, or refunded; and (b) any applicable verification or hold period that we specify has elapsed. Unless we state otherwise, Referral Rewards are payable in USDC on the Solana network to a wallet that you designate and control, and may be subject to a minimum payout threshold, payout schedule, or other conditions that we establish from time to time. We may set or change thresholds, hold periods, currencies, and payout schedules at our sole discretion. Referral Rewards do not bear interest.

Program Changes and Termination. We may modify, suspend, or terminate any Referral Program, or your ability to participate in a Referral Program, in whole or in part, at any time and for any reason, with or without notice. This includes, without limitation, changing commission or reward rates, changing Qualifying Actions, changing eligibility criteria, setting or changing payout thresholds or schedules, and discontinuing the issuance or payment of Referral Rewards. If we terminate a Referral Program or your participation in it, any accrued but unpaid Referral Rewards may be forfeited if your account is suspended or terminated for cause, or if we reasonably determine that the Referral Rewards were generated in violation of these terms, applicable Referral Terms, or applicable law.

Prohibited Conduct; Fraud and Abuse. You may not, directly or indirectly, engage in any fraudulent, abusive, or misleading conduct in connection with a Referral Program. Prohibited conduct includes, without limitation: self-referrals; creating or using multiple accounts; referring users that you control or that are not genuine, independent users; use of bots, scripts, or automated means; generating artificial or invalid traffic or transactions; misrepresenting the Service; engaging in spam, deceptive, or misleading marketing; or otherwise violating these terms, any Referral Terms, or applicable law. We may withhold, deny, claw back, or set off any Referral Rewards that we determine, in our reasonable discretion, were generated through or connected to prohibited conduct or program abuse, and we may suspend or terminate your account or participation in any Referral Program.

Independent Status; Taxes. Your participation in a Referral Program does not create any employment, partnership, joint venture, franchise, or agency relationship between you and us. You are solely responsible for any and all taxes, duties, and similar governmental assessments that apply to any Referral Rewards you receive. We may require you to provide tax forms, identity verification, or other information as a condition to paying Referral Rewards, and we may withhold payment or comply with withholding obligations where required by law.

Linking and Social Media Features

You may link to our homepage, provided you do so in a way that is fair, legal, and does not damage or take unfair advantage of our reputation. You must not establish a link in a manner that suggests any association, approval, or endorsement by us without our prior written consent.

The Service may provide certain social media features that enable you to:

  • Link from your own website (or certain third-party websites we approve) to specific content on the Service.
  • Send emails or other communications containing certain content, or links to content, from the Service.
  • Display limited portions of content from the Service on your own site or certain third-party sites.

You may use these features only as we provide them, only with the content they are displayed with, and otherwise in accordance with these terms of service and any additional conditions we provide. In particular, you must not:

  • Establish a link from any website you do not own or control.
  • Frame, inline link, or otherwise cause the Service or its content to be displayed on any other website
  • Link to any part of the Service other than the homepage, unless we provide written permission.
  • Otherwise take any action with respect to the Service or its content that conflicts with these terms of service or the AUP.

Any website from which you link to the Service, or on which you display content from the Service, must comply with the content restrictions in the AUP. You must cooperate with us in immediately removing any unauthorized framing or linking. We may withdraw linking permission or disable social media features at any time without notice.

Links from the Service

The Service may contain links to websites and resources provided by third parties, including advertisements, banner ads, and sponsored links. These links are provided for your convenience only. We do not control, endorse, or assume any responsibility for the content, privacy practices, or terms of use of those websites or resources, and we disclaim any liability for loss or damage that may arise from your use of them. If you access any third-party websites linked to the Service, you do so entirely at your own risk and subject to the terms and policies of those websites.

Warranty Disclaimers

Your use of the Service, its content, and any services or items obtained through the Service is at your own risk. The Service, its content, and any services or items obtained through the Service are provided on an "as is" and "as available" basis, without any warranties, whether express or implied. Neither the Company nor any person associated with the Company makes any representation or warranty as to the completeness, security, reliability, quality, accuracy, or availability of the Service. Without limiting the foregoing, the Company does not warrant that (1) the Service, its content, or any services or items obtained through the Service will be accurate, reliable, error-free, or uninterrupted, (2) defects will be corrected, (3) the Service or the server that makes it available are free of viruses or other harmful components, (4) any specific content will be hosted, made available, or removed, (5) any particular feature will continue to be supported or remain compatible with third-party software or devices, or (6) that the Service or any services or items obtained through it will otherwise meet your needs or expectations, including any content or output generated through AI features.

To the extent provided by law, the Company is not making any warranty, whether express or implied, statutory, or otherwise, including but not limited to any warranty of merchantability, noninfringement, and fitness for a particular purpose.

The foregoing does not exclude or limit any warranty, condition, or right that cannot be excluded or limited under applicable law, including consumer protection law in your country of residence.

Limitation of Liability

To the extent provided by law, in no event will the Company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages, under any legal theory, arising out of or in connection with your use, or inability to use, the Service, any websites linked to it, any content on the Service or those other websites or any services or items obtained through the Service or those other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

To the extent permitted by law, in no event will the collective liability of the Company and its subsidiaries and affiliates, and their licensors, service providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $250 and the amount you have paid for the Service in the 12 months preceding the claim.

The limitations of liability set out above do not apply to liability resulting from our gross negligence or willful misconduct.

The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

Indemnification

You shall indemnify, defend, and hold harmless the Company, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, and agents, from and against any third-party claims, liabilities, damages, judgments, awards, losses, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (1) your violation of these terms of service or the AUP, (2) your access to or use of the Service, or (3) any Input you submit or Output you generate, use, distribute, or share, including any claim that such Input or Output violates applicable law or infringes the rights of any person or entity. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification, and you must cooperate with our defense of those claims. You must not settle any claim without our prior written consent.

Resolving Disputes

Governing Law

New Mexico law governs all adversarial proceedings arising out of these terms of service or your access or use of the Service. If you reside in the European Union or the United Kingdom, this choice of law does not deprive you of the protections afforded to you by the mandatory laws of your country of residence.

Equitable Remedies

Each party acknowledges that (1) breach by either party of that party's obligations under these terms of service has the potential to cause irreparable harm for which damages would be an inadequate remedy and (2) if any such breach occurs or is threatened and might cause irreparable harm, each party would want a court to grant the other party an injunction, a restraining order, or any other equitable remedy, in each case without posting a bond or other security and without proof of actual damages.

Arbitration and Class Action Waiver

EU/UK Consumer Protection Carve-Out

If you are a consumer habitually resident in the European Union or the United Kingdom, this entire Arbitration and Class Action Waiver section does not apply to you. Instead, (1) you may bring legal proceedings relating to these terms of service in the courts of your country of residence, and (2) you may have the right to use alternative dispute resolution (ADR). The Company is not obliged to participate in ADR proceedings and does not undertake to do so, but the platform is available to provide information about your consumer rights.

Mandatory Arbitration

You and the Company are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action regarding a claim. Other rights that you would have if you went to court might also be unavailable or might be limited in arbitration.

Arbitration Forum

As the exclusive means of bringing adversarial proceedings to resolve any dispute arising out of these terms of service or your access or use of the Service (other than any proceeding brought by a party seeking an injunction, a restraining order, or any other equitable remedy to which that party is entitled under the Equitable Remedies provision), a party may demand that the dispute be resolved by arbitration administered by National Arbitration and Mediation ("NAM") in accordance with its Comprehensive Dispute Resolution Rules and Procedures and, if applicable, Supplemental Rules for Mass Arbitration Filings, which are available at https://www.namadr.com/resources/rules-fees-forms/. Judgment on any award rendered in any arbitration may be entered in any court having jurisdiction.

Arbitration Procedure

Any arbitration begun in accordance with this arbitration provision must be conducted by one arbitrator.

Any arbitration begun in accordance with this arbitration provision must be conducted virtually using Zoom or a virtual meeting platform that provides similar functionality. If virtual arbitration is not possible due to technical issues, because the arbitrator is unwilling or unable to attend the arbitration virtually, or for one or more other compelling reasons, the arbitration must be conducted in New Mexico, or any other place mutually agreed on by the parties.

The arbitrator must not award punitive damages in addition to compensatory damages. Each party hereby waives any right to recover any such damages in any arbitration.

If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. The Company will not seek attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

The arbitrator will have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitration, except that the state or federal courts of New Mexico have the authority to determine any dispute about enforceability or validity of the class action waiver.

The activities described in these terms of service involve interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement and any arbitration.

Small Claims Exception

You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intent to do so within 60 days of the date your claim arose. The small-claims court proceeding will be limited solely to your individual dispute or controversy.

Class and Jury Trial Waivers

The parties intend to arbitrate solely on an individual basis, and these terms of service do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative proceeding. The arbitrator must not consolidate more than one person's claims and must not otherwise preside over any form of a representative or class proceeding. Only individual relief is available. The parties shall sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims. This does not prevent either party from participating in a class-wide settlement. You and the Company knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim.

Batch Arbitration

If 25 or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar disputes within 90 days of each other, then you and the Company agree that NAM will administer them in batches of up to 50 claimants each ("Batch"), unless there are less than 50 claimants in total or after batching, which will comprise a single Batch. NAM will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing held by videoconference or in a location decided by the arbitrator for each Batch. If any part of this paragraph is found to be invalid or unenforceable as to a particular claimant or Batch, it will be severed and arbitrated in individual proceedings.

Severability

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining portions of the arbitration agreement will remain in force.

Jurisdiction

If either party brings a proceeding regarding the enforceability or validity of the class action waiver or seeking an injunction, a restraining order, or other equitable remedy to which that party is entitled under the Equitable Remedies provision, that party may bring that proceeding only in the United States District Court for the District of New Mexico or, only if there is no federal subject matter jurisdiction, in a state court of New Mexico.

Each party hereby waives any claim that any proceeding brought in accordance with this provision has been brought in an inconvenient forum or that the venue of that proceeding is improper.

Notwithstanding the above, if you are a consumer habitually resident in the EU or UK, nothing in this section limits your right to bring proceedings in your local courts under applicable consumer protection law.

Recovering Expenses

Except as otherwise provided in the Arbitration and Class Action Waiver, in an adversarial proceeding between the parties arising out of these terms of service or your access or use of the Service, the prevailing party will be entitled to recover from the other party, in addition to any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses.

Time Limit to File Claims

Apart from proceedings arising from a claim for Indemnification, neither party may initiate adversarial proceedings to resolve any dispute arising out of these terms of service or your access or use of the Service more than one year after the date that dispute arose. This limitation period does not apply if you are a consumer habitually resident in the EU or UK, in which case the statutory limitation periods of your local jurisdiction apply.

Waiver and Severability

No waiver of any provision of these terms of service will be effective unless it is in writing and signed by the party granting the waiver. No failure or delay in exercising any right or remedy under these terms of service will operate as a waiver of that right or remedy. A waiver granted on one occasion will not operate as a waiver on future occasions.

If any provision of these terms of service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision will be eliminated or limited to the minimum extent so that the remaining provisions of these terms of service will continue in full effect.

Entire Agreement

These terms of service constitute the entire understanding between the parties regarding these terms of service or your access or use of the Service. You acknowledge that because you have not relied on, and will not be relying on, any statements made by the Company arising out of these terms of service or your access or use of the Service, you will have no basis for bringing any claim for fraud in connection with any such statements.

Your Comments and Concerns

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California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.