Terms & Conditions

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services "AS IS" and may only be used for personal, non-commercial purposes. The rights you have in the stories, images, and audio generated for you through the Services are set out under "Generated content" below.

My Spicy Vanilla uses proprietary AI tools hosted on dedicated servers licensed from third-party AI model developers. These tools generate content based on user input. We may change or update which models we use to ensure better personalization, safety, and reliability. We reserve the right to modify, improve, or discontinue any part of the AI generation service at any time.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant free-tier users a non-exclusive, non-transferable, revocable license to:

• access the Services; and
• download or print a copy of any portion of the Content to which they have properly gained access solely for personal, non-commercial use.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any unauthorized commercial purpose without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: [email protected]. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Generated content

Your inputs are yours. The prompts, characters, locations, plugins, edits, and any photos or other material you provide to the Services ("Inputs") remain yours. We do not claim ownership of your Inputs.

Output is licensed to you. Stories, images, audio, and other material produced by our AI tools from your Inputs ("Output") are created by third-party AI models acting on your instructions. We do not claim ownership of your Output. To the extent we hold any rights in it, we license them to you as follows:

• Free-tier users receive a non-exclusive, non-transferable, revocable license to use their Output for personal, non-commercial purposes.
• Premium users (those with a day pass or monthly, quarterly, or annual subscription) receive a non-exclusive, worldwide license to use the Output they generate while their plan is active for any lawful purpose, including publishing, sharing, and monetizing it, provided the Output does not violate these Legal Terms or applicable law. Reselling or redistributing Output as a standalone AI service is not permitted.

What we cannot promise. The law on AI-generated material is unsettled and differs between countries. We do not represent or warrant that Output is protected by copyright, that you will be able to register or enforce any rights in it, or that it is unique. Because our AI tools respond to instructions, other users may receive similar or identical Output from similar Inputs. You are responsible for confirming that your intended use of Output is lawful in your jurisdiction.

Privacy and moderation. Your Output stays private by default. You grant us a non-exclusive, royalty-free license to use that Output—anonymously and only for internal purposes—to review moderation decisions and track moderation accuracy. We do not build or train our own AI models: your content is never used to train AI models—ours or anyone else's—and is never shared with third parties for training purposes.

Your contributions

Please review this section, the "USER GENERATED CONTRIBUTIONS" and "CONTRIBUTION LICENSE" sections, and the "PROHIBITED ACTIVITIES" section carefully before using our Services, to understand the (a) rights you give us and (b) obligations you have when you share content with other users or send content to us.

What counts as a Contribution: Some features let you share content with other users, for example by sharing a story with a club or posting a comment there. Other features let you send content to us, such as feedback or a report. We call that content "Contributions". The full definition is in the "USER GENERATED CONTRIBUTIONS" section. The stories, characters, images, audio, and other material you keep in your own library are not Contributions. They stay private by default, as described under "Generated content" above, and become Contributions only if you choose to share them.

The license you give us: By sharing a Contribution, you give us only the limited license set out in the "CONTRIBUTION LICENSE" section. That license lets us store your Contribution and show it to the people you chose to share it with. It does not allow us to sell your Contribution, to use it or your name, image, or voice in advertising or marketing, or to use it to train AI models.

You are responsible for what you share or send us: By sharing a Contribution with other users or sending one to us, you:

• confirm that you have read and agree with our "PROHIBITED ACTIVITIES" section and will not share or send any Contribution that is illegal, harassing, hateful, harmful, defamatory, bullying, abusive, discriminatory, threatening to any person or group, false, deceitful, or misleading, or that otherwise breaches these Legal Terms;
• agree, to the extent permitted by applicable law, not to assert any moral rights against the uses allowed by the "CONTRIBUTION LICENSE" section;
• warrant that your Contributions are original to you or that you have the necessary rights and licenses to share them and to grant us the rights described in these Legal Terms; and
• understand that Contributions are shown to other people or reviewed by us, and so should not contain confidential information.

You are solely responsible for your Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party's intellectual property rights, or (c) applicable law.

We may remove or restrict your Contributions: Although we have no obligation to monitor any Contributions, we shall have the right to remove or restrict any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. This includes content that depicts minors in sexual situations, incest, non-consensual acts, slavery, bestiality, necrophilia, depictions of real, identifiable people (whether public figures or private individuals) or copyrighted characters, discriminatory or hateful content, or any unlawful or harmful material. All content is automatically moderated using AI tools and, in rare cases, may be reviewed manually. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.

Copyright infringement

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the "COPYRIGHT INFRINGEMENTS" section below.

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

One account, two platforms. My Spicy Vanilla and Magic Chapters are both operated by DigitalKwarts OÜ and share a single account system. The account you create here also works on magic-chapters.com, under that site's Terms and Privacy Policy. Your library, characters, purchases, and credits are accessible from either site. Purchases made on one site may unlock features on the other. Stories shared in a club are visible only to that club's members on the site where it was shared.

All products offered through My Spicy Vanilla are subject to availability. We reserve the right to modify or discontinue any product, feature, or pricing at any time without prior notice. This includes digital products such as premium subscriptions, day passes, audio credits, and gift card redemptions.

Prices for our products may change without notice. We are not liable to you or any third party for any modification, price change, suspension, or discontinuation of the products or Services.

We accept the following forms of payment:

• Visa
• Mastercard
• American Express
• Discover
• JCB
• Diners Club

When you make a purchase through our Services, you agree to provide current, complete, and accurate billing and account information. You also agree to promptly update your account details, including email address, payment method, and card expiration date, to ensure we can process your transactions and contact you as needed.

All payments must be made in either U.S. dollars (USD) or the local currency based on your location. For users located in the European Union, prices are charged in euros (EUR). For selected countries such as the United States, Canada, the United Kingdom, and Australia, prices are charged in their respective local currencies (USD, CAD, GBP, AUD). For all other countries, we charge in USD by default.

We apply regional pricing to account for differences in local purchasing power. This means prices may vary by country, and the amount you are charged will reflect a fair adjustment based on your region.

Sales tax may be added to the final purchase price as required by applicable law.

You agree to pay all charges at the prices in effect at the time of purchase, including any applicable taxes or fees. By submitting your payment information, you authorize us to charge your selected payment method for the total amount of your order.

If your order is part of a recurring subscription (such as a monthly, quarterly, or annual plan), you authorize us to charge your payment method on a recurring basis until you cancel. You can manage or cancel your subscription anytime from your account dashboard.

We reserve the right to correct any pricing errors, even after a payment has been submitted. We may also decline or cancel orders at our sole discretion. This includes limiting or canceling orders that appear to be placed by resellers, distributors, or fraudulent accounts. Limits may apply per user, household, payment method, or billing address.

Fair Use and Service Limits

Your use of the Service is subject to our Fair Use Policy, which sets reasonable daily usage limits on AI story and image generation in order to ensure consistent service quality for all users.

You are eligible for a full refund if all of the following apply: you purchased a monthly subscription, you have made fewer than three generations (stories, images, or audio), and you contact us within 30 days of purchase. We will process the refund promptly.

We do not offer refunds for:

• Subscription renewals
• Day passes
• Audio credits
• Access extensions
• Annual or quarterly subscriptions

Nothing in this section limits your refund rights under consumer law, including where the Service is faulty or you were charged by mistake. If something went wrong on our side, contact us and we will put it right.

To request a refund, email us at [email protected] and include your account details.

You may not access or use the Services for any purpose other than those expressly permitted by us. The Services may not be used in connection with any commercial endeavors except those specifically endorsed or approved by My Spicy Vanilla.

As a user of the Services, you agree not to engage in any of the following prohibited activities:

General Misuse and Exploitation

• Use the Services in violation of any applicable law, regulation, or court order.
• Attempt to interfere with or disrupt the normal functioning of the Services, including the servers or networks connected to them.
• Circumvent, disable, or tamper with security-related features or technical restrictions of the Services.
• Access or use the Services to compete with My Spicy Vanilla, including creating a similar or competing product using our outputs or interface.
• Use the Services to advertise, promote, or sell products or services without our explicit written consent.
• Sell or transfer your account or profile to another party.

Content Violations

• Use the Services to generate or distribute content that contains or promotes any of the following:
  • Sexual content involving characters who are minors (under 18 years old), incest, or non-consensual acts.
  • Rape, sexual slavery, or content that implies coercion, abuse, or lack of consent.
  • Bestiality, necrophilia, coprophilia, or other non-humanoid or dehumanizing content.
  • Hate speech, discrimination, or violence against individuals or groups based on race, gender, sexuality, religion, or other protected attributes.
  • Self-harm, suicide, or content that encourages dangerous or illegal activity.
  • Celebrity likenesses, copyrighted characters, or trademarked material without explicit authorization.
  • Private or confidential information about other individuals, including names, likenesses, or identifying details.
• Use the Services in any way that violates our Acceptable Use Policy or community guidelines.

Technical Abuse

• Use automated tools (bots, scrapers, crawlers, offline readers) to access, collect, or interact with the Services without permission.
• Upload or attempt to upload viruses, malicious code, or any disruptive scripts (including repetitive spam text, excessive formatting, or harmful software).
• Reverse engineer, decompile, or disassemble any part of the Services or underlying code, except as expressly permitted by law.
• Systematically retrieve or scrape data from the Services to create a database, compilation, or derivative service without our written consent.

Deceptive or Abusive Behavior

• Impersonate any other user, person, or entity, or misrepresent your identity or affiliation in any way.
• Attempt to obtain sensitive account information (such as login credentials) through deception, phishing, or social engineering.
• Use our support services improperly, including submitting false reports or harassing staff members.
• Harass, threaten, or intimidate My Spicy Vanilla employees, partners, or other users of the platform.

Unauthorized Data Collection

• Use the Services to collect or harvest email addresses, usernames, or other user information for spam or unsolicited messaging.
• Attempt to upload spyware, web bugs, cookies, or similar tracking mechanisms not authorized by us.

Any violation of these Prohibited Activities may result in the immediate suspension or termination of your account, reporting to authorities, and legal action where applicable.

Some parts of the Services let you share content with other users or send content to us. Content you share or send in this way is a "Contribution". Contributions are:

• stories or chapters you share with a club;
• comments, replies, and reactions you post in a club;
• the name, description, rules, and other details of a club you create, and the messages you attach to join requests;
• your username and avatar, as shown next to the content above; and
• feedback, suggestions, ideas, reports, and other messages you send to us about the Services.

The stories, characters, locations, plugins, images, audio, and other material you keep in your own library are not Contributions. They are private by default and are covered by the "Generated content" part of the "INTELLECTUAL PROPERTY RIGHTS" section. They become Contributions only if, and only to the extent that, you choose to share them.

Contributions are visible to the people you share them with. A story or comment shared with a club is visible to that club's members. A public club shows a limited preview, such as its name, description, and rules, to anyone who has the club's link. A club appears on our Featured Clubs page only if its owner turns on featuring for it, and the owner can turn it off at any time. Feedback and reports are seen only by us. We do not publish your Contributions anywhere else.

Because Contributions are shown to other people or reviewed by us, they should not contain confidential information, and we may treat them as non-confidential. By submitting a Contribution, you represent and warrant that:

• You own or have the necessary licenses, rights, and permissions to submit the Contribution and to grant us the rights set out in these Terms.
• Your Contribution does not infringe any third-party intellectual property rights, including copyright, trademark, patent, trade secret, or moral rights.
• You have obtained all necessary written consents and releases from any identifiable individuals appearing in your Contribution, if applicable.
• Your Contribution does not contain false, misleading, or deceptive information.
• Your Contribution is not spam, unauthorized advertising, or solicitation.
• Your Contribution is not obscene, offensive, violent, defamatory, harassing, or otherwise objectionable.
• Your Contribution does not promote hate, abuse, discrimination, or violence toward any person or group.
• Your Contribution does not violate any applicable law, regulation, or rule, including those protecting minors or prohibiting the distribution of harmful content.
• Your Contribution does not invade anyone's privacy or violate their publicity rights.
• Your Contribution does not link to or reference material that violates these Terms or applicable laws.

Content Moderation and Pre-Screening

• Automated Moderation: All user input and AI-generated output are reviewed using automated moderation tools to detect content that may violate our Acceptable Use Policy or legal obligations.
• Manual Review: In limited circumstances, content may be reviewed manually by our moderation team to ensure compliance with platform rules, safety standards, and applicable laws. This may occur when you dispute a moderation decision, when content you have shared is reported by another user, when you submit content to us as feedback, when shared spaces such as clubs are reviewed for public listing, or during occasional spot checks of moderation accuracy.

Any violation of these Terms may result in the suspension or termination of your account, removal of the offending content, and potential reporting to relevant authorities where required.

What the license allows. When you share a Contribution, you grant My Spicy Vanilla a non-exclusive, worldwide, royalty-free license to host, store, copy, format, and display your Contribution, in whole or in part (for example, as a preview or in an activity list), and to make it available to the people you chose to share it with, for the purpose of operating the Services. This includes showing your username and avatar next to your Contribution so that other members know who shared it, and making the technical changes needed to display it, such as resizing images or trimming text for previews. It also lets us keep the copies we need for moderation, security, backups, and compliance with the law.

What the license does not allow. This license does not allow us to sell your Contributions, to license them to anyone else, or to use them outside the Services. It does not allow us to use your Contributions, or your name, username, avatar, image, or voice, in advertising or marketing. If we ever want to do that, we will ask for your separate, specific consent first, and you can refuse or withdraw that consent at any time. This license does not permit us to use your Contributions to train AI models, and we never do so.

Service providers and business transfers. We may let the service providers that host and deliver the Services on our behalf, such as hosting and content delivery providers, exercise this license, but only as needed to operate the Services and only under our instructions. If our business is transferred to another company, this license may be transferred with it, and the new owner will be bound by these Legal Terms.

How long it lasts. The license lasts for as long as your Contribution is shared. It ends when you remove the Contribution, remove a shared story from a club, leave a club, or delete your account, except that copies may remain in routine backups for a limited time and where the law requires us to keep them. A club's name, description, and rules remain with the club after you leave or delete your account, as described in our Privacy Policy.

Feedback. If you send us feedback, suggestions, or ideas about the Services, you allow us to use them to improve the Services without any obligation or payment to you. We will not name you in connection with them unless you agree.

You retain full ownership of your Contributions. Submitting content does not transfer ownership to us. However, you are solely responsible for the content you submit, and you agree not to hold us liable for any statements or materials included in your Contributions. To the extent permitted by applicable law, you agree not to assert moral rights against the uses allowed by this license.

We reserve the right, but not the obligation, to:

• Make the technical changes needed to display a Contribution, such as formatting, resizing, or trimming it for previews;
• Re-categorize Contributions to improve content organization;
• Remove or restrict Contributions that violate these Terms or are harmful to users or the platform.

We are not required to monitor Contributions but may do so at any time to ensure compliance with these Terms.

The Services may contain links to external websites ("Third-Party Websites") or display content provided by third parties, including but not limited to articles, images, videos, software, or other media ("Third-Party Content"). These are provided for your convenience only.

We do not own, control, or endorse any Third-Party Websites or Third-Party Content. They are not reviewed, monitored, or verified by us for accuracy, completeness, or compliance. We make no warranties or representations about any Third-Party Website or Third-Party Content accessed through our Services, and we are not responsible for their content, privacy practices, data handling, or terms of use.

Your decision to interact with any Third-Party Website or Third-Party Content is entirely at your own risk. Once you leave our Services, these Legal Terms no longer apply, and you should review the applicable terms and privacy policies of any third-party website or application you visit or use.

Any purchases or transactions made through Third-Party Websites are strictly between you and the third party. My Spicy Vanilla has no responsibility or liability in connection with such transactions and does not endorse the products or services offered by third parties.

You agree to hold us harmless from any loss, damage, or harm resulting from your access to or reliance on any Third-Party Content or your interactions with any Third-Party Websites.

We allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

We care about data privacy and security. Please review our Privacy Policy: https://myspicyvanilla.com/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised that the Services are hosted in the United States and that some of our service providers are located outside the European Economic Area. The data we transfer, the recipients, and the safeguards we rely on for each transfer are described in the section "Where your data is processed (international transfers)" of our Privacy Policy.

We respect the intellectual property rights of others and expect our users to do the same. If you believe that any content available on or through the Services infringes upon a copyright you own or control, you may submit a formal notification (a "Notification") by contacting us at the email address provided below.

To be effective, your Notification must include the following information:

• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by the Notification, a representative list of such works.
• Identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Services (e.g., direct link or description).
• Your contact information, including name, address, telephone number, and email address.
• A statement that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the Notification is accurate and, under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner.

Upon receiving a valid Notification, we will investigate the claim and take appropriate action, which may include removing or disabling access to the allegedly infringing material. A copy of your Notification may also be provided to the user responsible for the content.

You may send your Notification to: [email protected]

These Legal Terms remain in full force and effect while you have an account with us or use the Services.

Closing Your Account

You may close your account at any time from your account settings. Our Privacy Policy explains what happens to your data when you do. Closing your account does not by itself entitle you to a refund, except as described in the "Refunds Policy" section above or as required by law.

When We May Suspend or Terminate Your Account

We may restrict, suspend, or terminate your access to all or part of the Services, including your ability to take part in clubs and comments, for the following reasons:

• You materially or repeatedly breach these Legal Terms, including the "Prohibited Activities" and "User Generated Contributions" sections, or our Community Guidelines.
• You create, upload, or share content that is illegal, or that we are required to remove by law or by a competent authority.
• You provided false information when registering, you do not meet the age requirement for the Services, or you cannot complete an age or identity check where we are legally required to perform one.
• You commit fraud, use payment details that do not belong to you, or abuse our payment, refund, or chargeback processes.
• You threaten the security, integrity, or availability of the Services, for example through automated scraping, attacks on our systems, or circumventing our usage limits or content safeguards.
• You harass, threaten, or abuse other users or members of our team.
• You create a new account to get around a previous suspension or termination.
• We are required to do so by law, a court order, or a request from a competent authority.

We will always tell you which of these reasons applies. We will choose the least severe measure that is appropriate in the circumstances. Depending on the seriousness of the issue, this may be a warning, removal of specific content, a temporary restriction of certain features, a temporary suspension, or permanent termination of your account.

Notice and Reasons

If we suspend or terminate your account, or remove or restrict your content, we will notify you by email at the address linked to your account. The notice will state what we did, the reason and the facts we relied on, whether automated tools were used in making the decision, and how you can appeal.

Where reasonably possible, we will contact you before taking action so that you have a chance to respond. We may act first and notify you afterwards, or act without prior notice, where the content or activity appears to be illegal, where there is a risk to the safety of others or to the security of the Services, where we are required to do so by law, or where prior notice would prejudice an investigation. We may also use technical measures, such as blocking IP addresses or devices, to prevent abuse of the Services.

Ending the Services or These Legal Terms Without Fault

If we decide to stop offering the Services in your country, or to end these Legal Terms with you for reasons unrelated to your conduct, we will give you at least 30 days' notice by email.

Your Content

You can export your stories as PDF or EPUB and download your audio at any time while your account is active. Where we give you advance notice of termination, you will have until the termination date to do so. Where we had to act without prior notice, you may ask us within 30 days after termination for a copy of the content you created, and we will provide it, excluding any content that was removed because it was illegal or breached these Legal Terms and any content that we cannot lawfully provide. After that period, your account and content are deleted in line with our Privacy Policy.

Refunds on Termination

If we terminate your account or end these Legal Terms, we will refund the unused part of any prepaid subscription period on a pro-rata basis. To the extent permitted by applicable law, we may withhold this refund where termination is due to illegal content or activity, fraud, or abuse of our payment or refund processes. This does not affect your rights under the "Refunds Policy" section above or under mandatory consumer law.

Appeals

If you believe we made a mistake, you can appeal a suspension, termination, or content removal by following the appeal process in our Complaints Policy or by replying to the notice we sent you. Appeals are reviewed by a person and are not decided solely by automated means. We will reply with a reasoned decision and, if we agree with you, reverse the measure without undue delay. If you are a consumer in the European Union, you may also be entitled to refer the decision to a certified out-of-court dispute settlement body, and nothing in this section limits your right to go to court.

Effect of Termination

When your account is terminated, your right to use the Services ends immediately. If we terminated your account because you breached these Legal Terms, you may not register a new account under your own name, a fake or borrowed name, or the name of any third party, even if you are acting on behalf of that third party. Where your conduct warrants it, we also reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive remedies. The sections of these Legal Terms that by their nature should survive termination, including "Intellectual Property Rights", "Disclaimer", "Limitations of Liability", "Indemnification", and "Dispute Resolution", will continue to apply.

We may change, update, or remove features and content of the Services at any time, for example to improve them, to comply with the law, or to address security or safety risks. We have no obligation to update any information on our Services. If we decide to discontinue the Services, or to stop offering them in your country, we will give you at least 30 days' notice by email and refund the unused part of any prepaid subscription period, as described in the "Term and Termination" section above. Except as set out in these Legal Terms or required by law, we will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We may interrupt or suspend the Services for maintenance, security, or technical reasons at any time. To the extent permitted by applicable law, we are not liable for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime. Nothing in these Legal Terms obligates us to maintain and support the Services or to supply any corrections, updates, or releases, except as required by law.

These Legal Terms are governed by and interpreted following the laws of Estonia, and the use of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. If you are a consumer and your habitual residence is in the European Union, the European Economic Area or the United Kingdom, you additionally possess the protection provided to you by the mandatory provisions of the law of your country of residence, and nothing in these Legal Terms takes that protection away. DigitalKwarts OÜ and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Tallinn, which means that you may make a claim to defend your consumer protection rights in regards to these Legal Terms in Estonia, or in the country in which you reside.

Consumers in the EU, EEA and United Kingdom

If you are a consumer whose habitual residence is in the European Union, the European Economic Area or the United Kingdom, the "Binding Arbitration" and "Restrictions" provisions below do not apply to you. Nothing in this section requires you to arbitrate any dispute, controversy, or claim related to these Legal Terms, prevents you from bringing a claim in the courts described in the "Governing Law" section above, or limits any right you have under the law of your country of residence to join a collective or representative action. We encourage you to contact us first at [email protected] so we can try to resolve any concern informally, but you are not required to do so before going to court. You may also have the right to refer a dispute to an approved alternative dispute resolution body in your country.

Business Users and Consumers Outside the EU, EEA and United Kingdom

The remaining provisions of this section apply if you use the Services on behalf of a business, or if you are a consumer whose habitual residence is outside the European Union, the European Economic Area and the United Kingdom.

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

Any dispute arising from the relationships between the Parties to these Legal Terms shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be Tallinn, Estonia. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of Estonia.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

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 N112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: