YT Scripts is operated by YT Scripts, LLC, with offices at 801 S. Miami Avenue, Miami, FL 33130 (“YT Scripts”, “we”, “our”, or “us”).

Please read this Terms of Service Agreement (“Agreement”) carefully, as it constitutes legally binding terms and conditions and applies to Your use of (a) the website located at www.ytscripts.com and all corresponding web pages and websites associated with the foregoing URL (“Site”); and (b) any other content, applications, features, functionality, information, and services offered by YT Scripts through the Site, including, without limitation, viral, embeddable, or application/device-based features and related technology (e.g., mobile, web, console, desktop, and other APIs, widgets, plugins, applications, etc.) ((a), (b) and (c), collectively, “Services”)

These Terms of Service apply whether You are accessing the Services via a wireless or mobile device, a personal computer, or any other technology or device (each, a “Device”).

These Terms of Service do not cover other services, websites, or any corresponding content, features, or activities made available by any other company or third party, unless specifically stated.

These Terms of Service apply to all Users of the Services. By using the Services, You expressly understand, acknowledge, and agree to comply with these Terms of Service and any Additional Terms and conditions that We may provide to You in connection with Your use of or access to same, including, without limitation, in connection with related technology (e.g., widgets, plugins, applications, etc.) and other products and services we may offer or make available to You (“Additional Terms”).

The Additional Terms are hereby incorporated into this Agreement by reference as though fully set forth herein. To the extent that there is a conflict between this Agreement and the Additional Terms, the Additional Terms shall govern.

“Additional Terms” means any additional terms and conditions that We may provide to You in connection with Your use of or access to the Services, including, without limitation, in connection with related technology (e.g., widgets, plugins, applications, etc.) and other products and services We may offer or make available to You.

“Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with YT Services. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50 percent of the voting interests of the subject entity.

“Agreement” means these Terms of Service.

“Beta Services” means services or functionality that may be made available to You to try at Your option at no additional charge which is clearly designated as beta, pilot, limited release, developer preview, non-production, evaluation, or by a similar description.

“Confidential Information” means all information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Your Confidential Information includes Your Data. Our Confidential Information includes the Services and Content. Confidential Information of each party includes the terms and conditions of this Agreement and all pricing, business, and marketing plans; technology and technical information; product plans and designs; and business processes disclosed by such party. Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.

“Content” means information obtained by YT Scripts from publicly available sources or third-party content providers and made available to You through the Services, or Beta Services.

“Device” means a wireless or mobile device, a personal computer, or any other technology or device.

“Malicious Code” means code, files, scripts, agents, or programs intended to do harm, including but not limited to viruses, worms, time bombs, and Trojan horses.

“Non-YT Scripts Application” means a Web-based, mobile, offline, or other software application functionality that is provided by You or a third party and interoperates with a Service, including, for example, an application that is developed by or for You.

“Purchased Material” means scripts or other deliverables You or Your Affiliate purchase via the Services.

“Services” means any content, applications, features, functionality, information, and services offered by YT Scripts through the Site, including, without limitation, viral, embeddable, or application/device-based features and related technology (e.g., mobile, web, console, desktop, and other APIs, widgets, plugins, applications, etc.).

“User” means an individual who is authorized by You to use a Service, for whom You have purchased a Service (or in the case of any Services provided by Us without charge, for whom a Service has been provisioned), and to whom You (or, when applicable, Us at Your request) have supplied a user identification and password (for Services utilizing authentication). Users may include, for example, Your employees, consultants, contractors, agents, and third parties with which You transact business.

“We,” “Us,” or “Our” means YT Scripts and our Affiliates.

“You” or “Your” means You or the company or other legal entity on behalf of which You are accepting this Agreement and Affiliates of that company.

“Your Data” means electronic data and information submitted by or for You to the Services, excluding Content and Non-YT Scripts Applications.

These Terms of Service govern Your acquisition and use of Our Services.

By accepting these Terms of Service, either by clicking a box indicating Your acceptance or by executing a purchase that references these Terms of Service, You agree to the terms of this Agreement. If You are entering into this Agreement on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to this Agreement. If You do not have such authority, or if You do not agree with these terms and conditions, You may not accept this Agreement and may not use the services

You may not access the Services if You are Our direct competitor, except with Our prior written consent. In addition, You may not access the Services for purposes of monitoring their availability, performance, or functionality or for any other benchmarking or competitive purposes.

We may modify these Terms of Service from time to time, and at any time, without notice to You, for any reason, at our sole discretion. If we make material changes to these Terms of Service, we will notify You by posting or displaying a notice on the Services and/or via other electronic means (e.g., e-mail). The form of such notice is at our discretion. Once we post or make them available on the Services, these changes become effective immediately and if You use the Services after they become effective, it will signify Your agreement to be bound by the changes. We recommend that You check back frequently and review these Terms of Service regularly so You are aware of the most current rights and obligations that apply to You.

We reserve the right to refuse service to anyone for any reason at any time.

We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

You consent to the processing of customer data in the United States. We will comply with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries. In addition, for customers located in the European Union or the European Economic Area, we will comply with the EU General Data Protection Regulation.

These Terms of Service and any rights, licenses, claims, and privileges granted herein may not be transferred or assigned by you. We may assign any of Our rights or obligations hereunder, whether by operation of law or otherwise, without Your prior consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all Our assets. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their respective successors, and their permitted assigns.

The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.

There are no third-party beneficiaries under this Agreement.

No failure or delay by either party in exercising any right under this Agreement will constitute a waiver of that right.

If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision will be deemed null and void, and the remaining provisions of this Agreement will remain in effect.

This Agreement was last updated on April 5, 2024. It is effective between You and Us as of the date of You accepting this Agreement.

These Terms of Service, and any posted revision or modification thereto, shall remain in full force and effect while You use or are registered for the Services. You may terminate Your use of or registration to the Services at any time, for any reason. We may terminate Your use of or registration to the Services at any time, for any or no reason, with or without prior notice or explanation, and without liability or obligation to You or any third party. Even after Your registration is terminated, Your obligations under these Terms of Service, the Privacy Policy (included herein), and the Additional Terms, including, without limitation, any indemnifications, warranties, and limitations of liability contained therein, shall remain in effect

Violation of any of these terms will result in the termination of Your YT Scripts account.

If this Agreement is terminated by You in accordance with the preceding section, We will refund You any fees for Services paid but not yet rendered. If this Agreement is terminated by Us in accordance with the preceding section, You will pay any fees covering any Services provided. In no event will termination relieve You of Your obligation to pay any fees payable to Us for the period prior to the effective date of termination. Our liability shall be limited to the amount of any fees paid for the Services.

Upon request by You made within 30 days after the effective date of termination or expiration of this Agreement, We will make Your Data available to You for export. After such 30-day period, We will have no obligation to maintain or provide any of Your Data.

This section and the sections titled “Fees and Payment for Services,” “Proprietary Rights and Licenses,” “Privacy Policy,” “Representations, Warranties, Exclusive Remedies, and Disclaimers,” “Mutual Indemnification,” “Limitation of Liability,” and “General Conditions” will survive any termination or expiration of this Agreement.

Subject to these Terms of Service, the Services shall enable You to access certain features, functionality, information, and services provided by us, which may include, without limitation, writing scripts to correspond with videos produced by You.

Some of the Services may be dependent on and/or interoperate with third-party owned and/or operated platforms and services (e.g., YouTube, Google, Facebook, Twitter, etc.) (each, a “Third Party Platform“) and may require that You be a registered member of such Third Party Platforms and provide certain account credentials and other information in order to access such Services. Such Third Party Platforms, in addition to providing application hosting, content distribution, support, and other related services, may provide us with certain additional information about You, which may include, without limitation, Your email address, legal name, country of residence, location, date of birth, preferences, and usage data, all as more fully described herein, including in the Privacy Policy. Our access to, use of, and disclosure of such information shall be subject to the terms and conditions herein, including the Privacy Policy. The Services may use YouTube API Services. By using the Services, You agree to be bound by the YouTube terms of service.

The Services may contain features designed to interoperate with Non-YT Scripts applications. To use such features, You may be required to obtain access to such Non-YT Scripts applications from their providers and may be required to grant Us access to Your account(s) on such Non-YT Scripts applications. We cannot guarantee the continued availability of such Service features and may cease providing them without entitling You to any refund, credit, or other compensation, if for example and without limitation, the provider of a NonYT Scripts application ceases to make the Non-YT Scripts application available for interoperation with the corresponding Service features in a manner acceptable to Us

You agree to comply with the terms of service of any Non-YT Scripts Applications or Third Party Platform with which You use Services or Content

The Services are not intended for or directed at children under 13 years of age. By using the Services, You represent, warrant and covenant that You are 13 years of age or older.

By using the Services, You additionally represent, warrant, and covenant that (a) Your use of the Services does not violate (i) any applicable law, rule, or regulation or (ii) any applicable terms, conditions, or requirements promulgated by any provider of a Third Party Platform (e.g., YouTube’s terms of service, etc.); (b) all registration information You submit is truthful and accurate, and You shall maintain and promptly update the accuracy of such information; (c) You are not included on any list of prohibited or restricted parties issued by the United States; and (d) any information, text, or suggestions you provide to Us in order for us to generate the Purchased Material shall not violate the rights of any third party, including but not limited to copyright, trademark, rights of privacy, rights of publicity, and that no such material will be defamatory.

Certain features of the Services may be subject to heightened age and/or other eligibility requirements and restrictions. If You are a user between the ages of 13 and 18, please review these Terms of Service with Your parent or guardian. Your parent or guardian should agree to these Terms of Service on Your behalf. Parental discretion is advised for all Users under the age of 18. Further, if You provide information that is untrue, inaccurate, not current, or incomplete, or if YT Services suspects that such information is untrue, inaccurate, not current, or incomplete, We have the right to suspend or terminate Your registration (in whole or in part) and refuse any and all current or future use of the Services (or any portion thereof) in our sole discretion, with or without notice to You, and without liability or obligation to You or any third party.

In order to access and use certain content, features and functionality of the Services, we may require that You:

Register for the applicable Services, whether on the Site, a Third Party Platform, or otherwise, including, in some instances, by creating and/or providing a username and password combination (“User ID”); and

Provide to us and/or make available (e.g., via Third Party Platform permissions and consents, etc.) certain additional information, which may include, without limitation, Your email address, legal name, country of residence, location, date of birth, usage data, and other information, and, for fee-based transactions and purchases (if applicable) offered by Us, Your physical address, telephone number(s), applicable payment information (e.g., payment card data, etc.), and other information.

Your personal account with the Services, which is created when You register for the Services, shall be referred to herein as Your “User Account.”

Our use of Your Data and Confidential Information is subject to the terms of the Privacy Policy included herein. If You elect to become a registered User of the Services, You are responsible for maintaining the strict confidentiality of Your User ID, and You shall be responsible for any access to or use of the Services by You or any person or entity using Your User ID, whether or not such access or use has been authorized by You or on Your behalf, and whether or not such person or entity is Your employee or agent.

You agree to immediately notify Us of any unauthorized use of Your User ID or User Account or any other breach of security.

It is Your sole responsibility to control the dissemination and use of Your User ID and User Account, control access to Your User ID and User Account, and cancel Your User Account on the Services.

We reserve the right to deny access, use, and registration privileges to any User of the Services if we believe there is a question about the identity of the person trying to access any account or element of the Services.

We shall not be responsible or liable for any loss or damage arising from Your failure to comply with this Section.

We will make the Services available to You pursuant to this Agreement, provide applicable support for the Services to You at no additional charge, and/or provide upgraded support if purchased.

We will use commercially-reasonable efforts to make the Services available 24 hours a day, seven days a week, except for planned downtime (of which We shall give advance electronic notice), and any unavailability caused by circumstances beyond Our reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike, or other labor problem (other than one involving Our employees), Internet service provider failure or delay, Non-YT Scripts Application, or denial of service attack.

We will maintain commercially-appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality, and integrity of Your Data. Those safeguards will include, but will not be limited to, measures for preventing access, use, modification, or disclosure of Your Data by Our personnel except to provide the Services and prevent or address service or technical problems, as compelled by law, or as You expressly permit in writing.

We will be responsible for the performance of Our personnel and Our employees and contractors and their compliance with Our obligations under this Agreement, except as otherwise specified herein.

From time to time, We may make Beta Services available to You at no charge. You may choose to try such Beta Services or not in Your sole discretion. Beta Services are intended for evaluation purposes and not for production use, are not supported, and may be subject to additional terms. Beta Services are not considered “Services” under this Agreement. However, Our reservation of rights and Your obligations concerning the Services and use of any related Non-YT Scripts Applications and Content shall apply equally to Your use of Beta Services. We may discontinue Beta Services at any time in Our sole discretion and may never make them generally available. We will have no liability for any harm or damage arising out of or in connection with a Beta Service.

You are solely responsible for Your conduct on and in connection with the Services. We want to keep the Services safe and fun for everyone, and the use of the Services for unlawful or harmful activities is not allowed. You represent, warrant, and agree that, while using the Services, You shall not:

We reserve the right to investigate and take appropriate legal action against anyone who, in Our sole discretion, violates, or is suspected of violating, this Section, including, without limitation, reporting You to law enforcement authorities. Further, You acknowledge, consent, and agree that We may access, preserve, and disclose Your account and registration information and any other content or information if required to do so by law or if based on a good faith belief that such access, preservation, or disclosure is reasonably necessary to (a) comply with the legal process, (b) enforce these Terms of Service, (c) respond to claims that any content or information violates the rights of any third party, (d) respond to Your 10 requests for customer or technical service, or (e) protect the rights, property, or personal safety of Us, Our Users, or any third parties.

You agree to be responsible for the accuracy, quality, and legality of Your Data and the means by which You acquired Your Data.

You will use commercially reasonable efforts to prevent unauthorized access to or use of Services and Content and notify Us promptly of any such unauthorized access or use.

You agree to use Services and Content only in accordance with this Agreement and applicable laws and government regulations.

You must pay all fees prior to using any Services. Fees paid are non-refundable.

You will provide Us with valid and updated credit card information, or with a valid purchase order or alternative document reasonably acceptable to Us. We will maintain your credit card information on file, and/or use a trusted third-party service to do so on our behalf. If You provide credit card information to Us, You authorize Us to charge the credit card on file for all Services. Such charges will be made in advance.

If any invoiced amount is not received by Us by the due date, then without limiting Our rights or remedies, those charges may accrue late interest at the rate of 1.5 percent of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower.

If any amount owing by You under this or any other agreement for Our services is 30 or more days overdue (or ten or more days overdue in the case of amounts You have authorized Us to charge to Your credit card), We may, without limiting Our other rights and remedies, accelerate Your unpaid fee obligations under such agreements so that all such obligations become immediately due and payable, and suspend Our services to You until such amounts are paid in full. Other than for customers paying by credit card or direct debit whose payment has been declined, We will give You at least ten days’ prior notice that Your account is overdue before suspending services to You.

We will not exercise Our rights relating to overdue charges if You are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute.

Our fees do not include any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). You are responsible for paying all Taxes associated with Your purchases hereunder. If We have the legal obligation to pay or collect Taxes for which You are responsible, We will invoice You and You will pay that amount unless You provide Us with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, We are solely responsible for taxes assessable against Us based on Our income, property, and employees.

You agree that Your purchases are not contingent on the delivery of any future functionality or features, nor are they dependent on any oral or written public comments made by Us regarding future functionality or features.

We claim no intellectual property rights over the material You use or create using the Services. Any materials uploaded, submitted, and/or input remain Yours.

You agree that only You, or those to whom You provide Your username and password, will have access to Your Materials and You therefore agree to allow us to store them accordingly.

Subject to the limited rights expressly granted hereunder, We and Our licensors reserve all Our/their right, title, and interest in and to the Services and Content, including all of Our/their related intellectual property rights. No rights are granted to You hereunder other than as expressly set forth herein.

You have the right to access and use Content subject to the terms of this Agreement.

Subject to the limited licenses granted herein, We acquire no right, title or interest from You or Your licensors under this Agreement in or to any of Your Data, Non-YT Scripts Application, or such program code

We claim no ownership in the results of the Purchased Materials generated for and paid for by You, subject to the limitations herein.

You grant to Us and Our Affiliates a worldwide, perpetual, irrevocable, and royalty-free license to use and incorporate into Our and/or Our Affiliates’ services any suggestion, enhancement request, recommendation, correction, or other feedback provided by You or Users relating to the operation of Our or Our Affiliates’ services.

We will undertake commercially reasonable efforts to obey all relevant copyright laws in relation to the Services. We will review claims of copyright infringement received and remove content deemed by Us, acting in Our sole discretion, to have been posted or distributed in violation of any such laws.

To make a claim, please provide us with the following:

Written notification of claimed infringement must be submitted to the following agent: Name of Designated Agent: Taylor Mason Address of Designated Agent: 801 S. Miami Avenue; Miami, FL 33130 Email Address of Designated Agent: support@ytscripts.com

If Your content is removed (or access thereto was disabled) and You believe that such content is not infringing or that You have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law to make such content available to YT Scripts for use on the Services, You may send a counter-notice containing the following information to aforementioned Agent:

If a counter-notice is received by Our agent, We may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten business days. Unless the copyright owner files an action seeking a court order against the content provider or the User, the removed content may be replaced, or access to it restored, in ten to fourteen business days or more after receipt of the counter-notice, at Our sole discretion.

Your privacy is very important to us. Accordingly, We have developed this Privacy Policy in order for You to understand how We collect, use, communicate disclose, and make use of Your Data and Confidential Information.

Before or at the time of collecting Your Data, We will identify the purposes for which Your Data is being collected.

We will collect and use Your Data solely with the objective of fulfilling those purposes specified by Us and for other compatible purposes unless We obtain the consent of the individual concerned or as required by law.

We may disclose Your Data to the extent compelled by law to do so, provided the We give You prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at Your cost, if You wish to contest the disclosure. If We are compelled by law to disclose Your Data Information as part of a civil proceeding to which You are a party, and You do not contest the disclosure, You will reimburse Us for the reasonable cost of compiling and providing secure access to Your Data.

We will only retain Your Data as long as necessary for the fulfillment of those purposes.

We will collect Your Data by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.

Your Data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.

We will protect Your Data by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification.

We will make readily available to You information about Our policies and practices relating to the management of Your Data.

You grant to Us the right to add Your name and company logo to Our customer list and website.

Each party represents that it has validly entered into this Agreement and has the legal power to do so.

We warrant that this Agreement accurately describes the applicable administrative, physical, and technical safeguards for protection of the security, confidentiality, and integrity of Your Data. We will not materially decrease the overall security of the Services. The Services will perform materially in accordance with this Agreement. Subject to the services available through Non-YT Scripts Applications, We will not materially decrease the overall functionality of the Services. For any breach of a warranty, Your exclusive remedies are those described in the “Term and Termination” section.

The Services are provided “as is” and, except as expressly provided herein, neither party makes any warranty of any kind, whether express, implied, statutory, or otherwise, and each party specifically disclaims all implied warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement, to the maximum extent permitted by applicable law. Content and beta services are provided “as is,” exclusive of any warranty whatsoever. Each party disclaims all liability and indemnification obligations for any harm or damages caused by any third-party hosting providers.

If We receive information about an infringement or misappropriation claim related to a Service, We may in Our discretion and at no cost to You (i) modify the Services so that they are no longer claimed to infringe or misappropriate, without breaching Our warranties; (ii) obtain a license for Your continued use of that Service in accordance with this Agreement; or (iii) terminate that Service upon 30 days’ written notice and refund You any prepaid fees for Purchased Materials which have not yet been delivered.

You will defend Us against any claim, demand, suit, or proceeding made or brought against Us by a third party alleging that any of Your Data infringes or misappropriates such third party’s intellectual property rights or arising from Your use of the Services or Content in violation of the Agreement or applicable law, including your contribution of infringing material to the Purchased Services. You will indemnify Us from any damages, attorney fees, and costs finally awarded against Us or for any amounts paid by Us under a settlement approved by You in writing as a result of a claim against Us, provided We (a) promptly give You written notice of the claim against Us, (b) give You sole control of the defense and settlement of the Claim Against Us (except that You may not settle any Claim Against Us unless it unconditionally releases Us of all liability), and (c) give You all reasonable assistance, at Your expense.

This Section states the indemnifying party’s sole liability to, and the indemnified party’s exclusive remedy against, the other party for any type of claim described in this Section.

In no event shall the aggregate liability of each party together with all its affiliates arising out of or related to this Agreement exceed the total amount paid by You and Your affiliates hereunder for the services giving rise to the liability in the twelve months preceding the first incident out of which the liability arose. The foregoing limitation will apply whether an action is in contract or tort and regardless of the theory of liability, but it will not limit Your and Your affiliates’ payment obligations under the “Fees and Payment for Services” section above.

Under no circumstances and under no legal theory, whether tort (including negligence), contract, or otherwise, shall YT Scripts be liable to any person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if such party was informed of the possibility of such damages. This limitation of liability shall not apply to liability for death or personal injury resulting from such party's negligence to the extent applicable law prohibits such limitation. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not apply to You.

In no event will either party or its affiliates have any liability arising out of or related to this Agreement for any lost profits, revenues, goodwill, or indirect, special, incidental, consequential, cover, business interruption, or punitive damages, whether an action is in contract or tort and regardless of the theory of liability, even if a party or its affiliates have been advised of the possibility of such damages or if a party’s or its affiliates’ remedy otherwise fails of its essential purpose. The foregoing disclaimer will not apply to the extent prohibited by law.

These Terms of Service, together with any Additional Terms and any other regulations, procedures, and policies which We refer to and which are hereby incorporated by reference, contain the entire understanding and agreement between You and Us concerning the Services and Your use thereof, and supersede any and all prior or inconsistent understandings relating to the Services and Your use thereof. These Terms of Service cannot be changed or terminated orally. If any provision of these Terms of Service is held to be illegal, invalid, or unenforceable, this shall not affect any other provisions and these Terms of Service shall be deemed amended to the extent necessary to make them legal, valid, and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of these Terms of Service; however, no action arising out of these Terms of Service or Your use of the Services, regardless of form or the basis of the claim, may be brought by You more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause of action arose). Any failure by Us to exercise or enforce any right or provision of these Terms of Service will not operate as a waiver of such right or provision.

You agree that the resolution of any disputes, claims, or actions arising hereunder, including, without limitation, in connection with any use of the Services, shall be conducted in each of Your and Our individual capacities only and not as a class action or other representative action, and You and We expressly waive any right to file a class action or seek relief on a class basis.

Except as otherwise specified in this Agreement, all notices related to this Agreement will be in writing and will be effective upon (a) personal delivery, (b) the second business day after mailing, or (c), except for notices of termination or an indemnifiable claim, which shall clearly be identifiable as Legal Notices, the day of sending by email. Billing-related notices to You will be addressed to the relevant billing contact designated by You. All other notices to You will be addressed to the relevant Services system administrator designated by You.