Terms of Service for Petals
1. Introduction
These Terms of Service ("Terms") govern your access to and use of the Petals membership site, including any content, functionality, and services offered on or through our platform (collectively, the "Service"). These Terms constitute a legally binding agreement between you and Petals ("we," "us," or "our"). By accessing or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.
2. Definitions
"User," "you," and "your" refer to the individual or entity accessing or using the Service. "Membership" refers to the purchased right to access and use the Service according to the selected plan. "Content" refers to any text, images, videos, audio, or other material that appears on or through the Service. "User Content" refers to any Content that users submit, upload, or transmit to or through the Service. "Intellectual Property Rights" means all patent rights, copyright rights, moral rights, rights of publicity, trademark rights, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights.
3. Acceptance of Terms
By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you are using our Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, you may not access or use our Service.
4. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of significant changes by posting a prominent notice on our Service or by sending you an email. Your continued use of our Service after any such changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using our Service.
5. Eligibility
To use our Service, you must be at least 18 years old or the age of legal majority in your jurisdiction, whichever is greater. By using our Service, you represent and warrant that you meet the eligibility requirements. If you are using the Service on behalf of an organization, you represent and warrant that the organization agrees to be bound by these Terms.
6. Membership and Billing
Access to certain features of our Service requires a paid Membership. Unless otherwise specified at the time of purchase:
- Memberships are billed on a [monthly/annual] basis
- Your Membership will automatically renew at the end of each billing period unless you cancel before the renewal date
- You authorize us to charge your payment method for the Membership fee at the beginning of each billing period
- If you upgrade your Membership, we will immediately charge your payment method for the prorated difference in cost
- If you downgrade your Membership, the change will take effect at the start of the next billing period
Prices for our Service are subject to change with notice. We will notify you of any price changes before they take effect. Your continued use of the Service after a price change takes effect constitutes your agreement to pay the changed amount.
You may cancel your Membership at any time through your account settings or by contacting us. If you cancel, you may continue to use the Service until the end of your current billing period, but you will not be eligible for a refund of any portion of the Membership fee except as expressly provided in these Terms or as required by applicable law.
7. Free Trials
We may offer free trials of our Service. Free trial eligibility is determined at our discretion and may be limited to new users or other qualifying customers. We reserve the right to modify or terminate free trials at any time without notice.
Unless you cancel before the end of the free trial period, we will automatically charge your payment method for the first billing period of your Membership at the end of the free trial.
8. User Accounts
You must create an account to access the Service. You are responsible for:
- Providing accurate, current, and complete information
- Maintaining the confidentiality of your password and account
- All activities that occur under your account
- Notifying us immediately of any unauthorized use of your account
We reserve the right to suspend or terminate your account at our discretion if we believe you have violated these Terms or if we believe your account may pose a risk to our Service or other users.
9. Access to Membership Content
Your Membership grants you a limited, non-exclusive, non-transferable license to access and view the content included in your Membership plan. This license is for your personal, non-commercial use only. You may not share your account credentials with others or allow others to access the Service through your account.
We reserve the right to modify, update, or remove content from our Service at any time without notice. We do not guarantee that any specific content will remain available on the Service for any specific period of time.
10. User Content
You may have the opportunity to submit User Content to the Service, including comments, reviews, or posts in community areas. You retain ownership of any User Content you submit, but you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such User Content in any media or distribution methods. This license authorizes us to make your User Content available to the rest of the world and to let others do the same.
You represent and warrant that you have all necessary rights to grant us this license and that your User Content does not violate any third-party rights or applicable laws.
We reserve the right to remove any User Content at our discretion.
11. Prohibited Conduct
You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not:
- Use the Service for any illegal or unauthorized purpose
- Violate any applicable laws or regulations
- Infringe the rights of others, including intellectual property rights
- Attempt to breach any security or authentication measures
- Transmit any viruses, malware, or other harmful code
- Interfere with or disrupt the Service or servers or networks connected to the Service
- Collect or harvest any information from the Service, including user accounts or content
- Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity
- Use automated scripts to collect information from or otherwise interact with the Service
- Share your membership credentials or provide access to your account to others
- Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service
12. Intellectual Property
All content provided by Petals, including but not limited to the Service, website, text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of Petals or its content suppliers and is protected by international copyright, trademark, and other intellectual property laws. The compilation of all content on the Service is the exclusive property of Petals and is protected by international copyright laws.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Petals.
13. Data Security and Privacy
We process personal data in accordance with the General Data Protection Regulation (GDPR). You have the right to access, rectify, erase, restrict processing, object to processing, and data portability. For details, see our Privacy Policy.
14. Third-Party Links and Services
Our Service may contain links to third-party websites or services that are not owned or controlled by Petals. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Petals shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
15. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Petals DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
16. Limitation of Liability
Nothing in these Terms shall limit our liability for fraud, death, personal injury caused by our negligence, or any other liability that cannot be excluded or limited under applicable law. Subject to this, our maximum aggregate liability for any single event (or a series of connected events) shall not exceed the amount paid by you to in the previous 12 months.
17. Indemnification
You agree to indemnify, defend, and hold harmless Petals, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your violation of these Terms, your User Content, or your use of the Service. Petals reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Petals in asserting any available defenses.
18. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the European Union and the country where you reside. This does not affect your rights as a consumer according to the laws of your country of residence.
19. Dispute Resolution
If a dispute arises, we will attempt to resolve it amicably. You have the right to bring proceedings in the courts of your country of residence or use the European Commission's Online Dispute Resolution platform.
20. Entire Agreement
These Terms, including our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and Petals regarding your use of our Service and supersede any prior agreements between you and Petals relating to your use of our Service.
21. Waiver and Severability
The failure of Petals to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
22. Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Petals, but may be assigned by Petals without restriction.
23. Termination
We reserve the right to suspend or terminate your access to our Service at our sole discretion, with or without notice, for conduct that we believe violates these Terms or is harmful to other users of our Service, us, or third parties, or for any other reason. Upon termination, your right to use the Service will cease immediately.
24. Contact Information
If you have any questions about these Terms, please contact us at [your contact information].
Last Updated: 2025-05-05
Regulatory Compliance
General Data Protection Regulation (GDPR) Compliance
The following provisions apply to users protected by European Union regulations:
Data Collection Under GDPR
In compliance with the General Data Protection Regulation (GDPR), we collect and process your personal data only when we have a lawful basis to do so. This includes processing based on your consent, to fulfill a contract with you, to comply with a legal obligation, to protect your vital interests, to perform a task in the public interest, or for our legitimate interests where those don't override your fundamental rights and freedoms.
We collect only the minimum data necessary for the purposes specified in this policy. When we request your consent to process your data, you have the right to withdraw that consent at any time.
Data Processing Under GDPR
We process personal data in accordance with the principles outlined in the GDPR:
- Lawfulness, fairness, and transparency: We process data lawfully, fairly, and in a transparent manner.
- Purpose limitation: We collect data for specified, explicit, and legitimate purposes and do not process it in a manner incompatible with those purposes.
- Data minimization: We limit data collection to what is necessary for the purposes for which it is processed.
- Accuracy: We take reasonable steps to ensure personal data is accurate and kept up to date.
- Storage limitation: We keep data in a form that permits identification only as long as necessary for the purposes of processing.
- Integrity and confidentiality: We process data in a manner that ensures appropriate security, including protection against unauthorized or unlawful processing and against accidental loss, destruction, or damage.
We maintain records of our data processing activities and conduct data protection impact assessments where required by law.
Your Rights Under GDPR
If you are located in the European Economic Area (EEA), you have the following rights with respect to your personal data:
- Right to access: You can request a copy of the personal data we hold about you.
- Right to rectification: You can request that we correct inaccurate or incomplete data about you.
- Right to erasure: You can request that we delete your personal data in certain circumstances.
- Right to restrict processing: You can request that we restrict the processing of your data in certain circumstances.
- Right to data portability: You can request to receive your data in a structured, commonly used, and machine-readable format.
- Right to object: You can object to our processing of your personal data in certain circumstances.
- Rights related to automated decision-making: You can request human intervention in automated decisions that significantly affect you.
To exercise these rights, please contact us at [CONTACT_INFORMATION]. We will respond to your request within 30 days.
International Data Transfers
If we transfer your personal data outside the European Economic Area (EEA), we will ensure that appropriate safeguards are in place to protect your data, such as:
- Transferring to countries deemed by the European Commission to provide adequate protection
- Using Standard Contractual Clauses approved by the European Commission
- Adopting Binding Corporate Rules for transfers within our corporate group
- Where applicable, relying on derogations for specific situations such as your explicit consent or the necessity to perform a contract with you
You have the right to obtain information about the safeguards we use to transfer your personal data outside the EEA by contacting us at [CONTACT_INFORMATION].
California Consumer Privacy Act (CCPA) Compliance
The following provisions apply to users protected by California, United States regulations:
Information Collection Notice for California Residents
Under the California Consumer Privacy Act (CCPA), we are required to inform California residents about the categories of personal information we collect and the purposes for which we use this information.
In the past 12 months, we have collected the following categories of personal information:
- Identifiers (such as name, email address, IP address)
- Commercial information (such as products purchased or considered)
- Internet or other electronic network activity (such as browsing history)
- Geolocation data
- Inferences drawn from other personal information
We use this information for the business and commercial purposes described in our Privacy Policy.
California Privacy Rights
If you are a California resident, you have the following rights under the CCPA:
- Right to know: You can request information about the personal information we have collected about you and how we have used and disclosed it.
- Right to delete: You can request the deletion of your personal information, subject to certain exceptions.
- Right to opt-out: You can opt out of the sale of your personal information, if applicable.
- Right to non-discrimination: We will not discriminate against you for exercising any of your CCPA rights.
To exercise your rights, you can submit a verifiable consumer request by contacting us at [CONTACT_INFORMATION] or through the methods described in our Privacy Policy. You may make a request up to twice within a 12-month period. We will respond to your request within 45 days, with a possible extension of up to 45 additional days when reasonably necessary.
California Do Not Sell My Personal Information
Under the CCPA, California residents have the right to opt-out of the sale of their personal information. [DOES/DOES NOT] sell personal information as defined by the CCPA.
[IF APPLICABLE: To opt out of the sale of your personal information, please visit our "Do Not Sell My Personal Information" page at [LINK] or contact us at [CONTACT_INFORMATION].]
Financial Incentives Notice
[IF APPLICABLE: offers certain financial incentives in connection with the collection, retention, or sale of your personal information. These incentives include [DESCRIBE INCENTIVES]. The value of your data to us is related to the value you receive from our products and services, which depends on several factors including but not limited to [RELEVANT FACTORS].
You can opt in to financial incentives by [DESCRIBE OPT-IN PROCESS] and you have the right to withdraw at any time by [DESCRIBE OPT-OUT PROCESS].]
Personal Information Protection and Electronic Documents Act (PIPEDA) Compliance
The following provisions apply to users protected by Canada regulations:
Consent Under PIPEDA
In accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA), we obtain your consent when we collect, use, or disclose your personal information. The form of consent may vary depending on the circumstances and the type of information collected. Express consent is generally obtained when the information is likely to be considered sensitive, while implied consent may be appropriate when the information is less sensitive.
You may withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice. However, please note that withdrawing your consent may affect our ability to provide you with certain products or services.
Canadian Privacy Rights
Under PIPEDA, you have the right to:
- Access your personal information held by us
- Challenge the accuracy and completeness of your personal information
- Have your personal information amended where inaccurate or incomplete
- Withdraw your consent to the continued use and disclosure of your personal information
To exercise these rights, please contact our Privacy Officer at [CONTACT_INFORMATION]. We will respond to your request within 30 days, unless an extension is warranted.
Cross-Border Data Transfers
Your personal information may be stored and processed in Canada or other countries where we or our service providers maintain facilities. By using our services, you consent to the transfer of information to countries outside your country of residence, which may have different data protection rules than in your country.
When we transfer your personal information to other countries, we will protect that information as described in this Privacy Policy and in accordance with applicable law. We take steps to ensure that third parties involved in processing your data maintain appropriate data protection safeguards.
Canada's Anti-Spam Legislation (CASL) Compliance
The following provisions apply to users protected by Canada regulations:
Consent for Electronic Communications
In compliance with Canada's Anti-Spam Legislation (CASL), we obtain appropriate consent before sending commercial electronic messages (CEMs) to electronic addresses. We may rely on either express or implied consent:
- Express consent means you have actively agreed to receive our communications, which remains valid until you withdraw it.
- Implied consent may arise from an existing business relationship, existing non-business relationship, conspicuous publication of your address, or voluntary disclosure of your address to us without indicating you do not wish to receive CEMs.
When requesting your express consent, we clearly identify the purpose for which consent is sought, provide our contact information, and inform you that you can withdraw your consent at any time.
Unsubscribe Mechanism
Every commercial electronic message we send includes a clear and prominent unsubscribe mechanism that allows you to withdraw your consent to receive future messages. The unsubscribe mechanism:
- Is easy to use and at no cost to you
- Can be executed through the same electronic means by which the message was sent, or if that is not practicable, through another electronic means
- Specifies an electronic address or link to a webpage to which the unsubscribe request may be sent
When you unsubscribe, we will honor your request within 10 business days. We will not charge a fee, require you to provide personal information beyond your electronic address, or make you take any steps other than sending a reply email or visiting a single webpage to unsubscribe.
CASL Compliance Statement
We are committed to compliance with Canada's Anti-Spam Legislation (CASL). This means we:
- Obtain appropriate consent before sending commercial electronic messages
- Clearly identify ourselves in all communications
- Provide our contact information in all communications
- Honor all unsubscribe requests promptly
- Do not alter transmission data without consent
- Do not install computer programs without consent
If you have questions about our CASL compliance practices or believe you have received a message from us that does not comply with CASL, please contact us at [CONTACT_INFORMATION].
Additional Terms
Age Verification
Due to the age-restricted nature of certain content/products available through our Services, we implement additional age verification measures beyond standard age acknowledgment.
By using our Services, you acknowledge and agree that:
- You may be required to provide proof of age or identity before accessing certain content or purchasing certain products.
- We may use third-party verification services to confirm your age and identity.
- We reserve the right to refuse service if we cannot adequately verify your age or if we have reason to believe you do not meet the minimum age requirements.
- Providing false information during the age verification process is a violation of these Terms and may result in immediate termination of your account.
- You will not assist minors in accessing age-restricted content or purchasing age-restricted products.
The age verification methods we employ may include, but are not limited to:
- Credit card verification
- Government ID verification
- Knowledge-based authentication
- Biometric verification
We take reasonable measures to protect any personal information collected during the age verification process in accordance with our Privacy Policy.
Virtual Events and Webinars
Registration and Access
Access to our virtual events, webinars, and online conferences (collectively, "Virtual Events") requires registration and, in some cases, payment of applicable fees. Upon successful registration, we will provide you with access credentials or instructions. These credentials are personal to you and may not be shared, transferred, or distributed to any third party.
Recordings and Content Use
Virtual Events may be recorded, and by participating, you grant us permission to record, store, and distribute your likeness, voice, and any content you share during the event. You retain ownership of any original content you provide, but grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, and display such content in connection with our services.
Recordings of Virtual Events are protected by copyright and may be made available to registrants for a limited time after the live event. You may not record, reproduce, share, distribute, modify, or create derivative works from our Virtual Events without our express written permission.
Participant Conduct
When participating in Virtual Events, you agree to:
- Conduct yourself in a professional and respectful manner
- Not engage in disruptive behavior that interferes with others' experience
- Not share inappropriate, offensive, or illegal content
- Not engage in marketing, solicitation, or commercial activities unless explicitly permitted
- Comply with any additional guidelines provided for specific events
We reserve the right to remove participants who violate these conduct guidelines without refund or to deny access to future events.
Technical Requirements and Limitations
Access to Virtual Events requires compatible hardware, software, and internet connection. We are not responsible for technical issues on your end that prevent or impair your participation. While we make reasonable efforts to ensure platform stability, we do not guarantee uninterrupted access to Virtual Events and are not liable for technical failures outside our control.
Cancellation and Rescheduling
We reserve the right to reschedule, modify, or cancel Virtual Events. In case of cancellation, paid registrants will receive a refund or credit for a future event, at our discretion. If you are unable to attend a Virtual Event for which you have registered, our refund policy is as follows: [REFUND_POLICY_DETAILS].
Disclaimers
Virtual Event content is provided for informational purposes only and does not constitute professional advice. We do not guarantee any particular outcome or result from applying information obtained during Virtual Events. Opinions expressed by presenters or participants other than our official representatives do not necessarily reflect our views and policies.
API Usage and Integration
API License
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Application Programming Interface ("API") for the purpose of developing, testing, and supporting your integration with our Services, and for facilitating your use of our Services.
API Credentials and Security
To access our API, you may need to register for API credentials (such as API keys, tokens, or passwords). You agree to:
- Keep your API credentials secure and confidential
- Not share your API credentials with any third party without our prior written consent
- Implement reasonable security measures to protect your API credentials
- Notify us immediately of any breach or unauthorized use of your API credentials
You are responsible for all activities that occur under your API credentials.
Usage Restrictions and Rate Limits
Your use of our API is subject to the following restrictions:
- API calls may be subject to rate limits (requests per minute, hour, or day)
- Usage may be capped at certain volumes based on your service tier
- Certain API functionality may require additional permissions or separate agreement
- You may not use the API in a manner that exceeds reasonable request volume or constitutes excessive or abusive usage
We reserve the right to enforce API rate limits, monitor API usage, and suspend or terminate API access for violations of these restrictions.
API Changes and Deprecation
We may modify, update, or discontinue any aspect of our API at any time. For material changes to the API, we will make reasonable efforts to provide advance notice. We may offer version support according to our API Lifecycle Policy, but we are not required to support previous versions of the API indefinitely.
Technical Documentation
We provide technical documentation for the use of our API. While we strive to keep documentation accurate and up-to-date, we do not warrant that the documentation will be error-free. Technical documentation is provided "as is" without warranty of any kind.
Third-Party Applications
If you develop applications for third parties that integrate with our API, you agree to:
- Provide clear attribution identifying the use of our Service in your application
- Ensure your end users comply with these Terms
- Not misrepresent your relationship with us or suggest that we endorse your application
- Comply with all applicable laws and regulations, including data protection laws
Monitoring and Analytics
We may monitor your use of the API for compliance with these Terms, security purposes, and to improve our Services. This monitoring may include the number of API calls, traffic patterns, and content of API requests and responses (consistent with our Privacy Policy).
Subscription Management
Subscription Plans and Billing Cycles
We offer various subscription plans with different features, limitations, and pricing. The specific details of available plans are described on our pricing page. Subscriptions may be offered on a monthly, quarterly, annual, or other recurring basis as specified during signup.
By subscribing to our Services, you authorize us to charge the applicable subscription fees to your designated payment method at the beginning of each billing period. For monthly subscriptions, you will be billed on the same date each month. For annual subscriptions, you will be billed on the same date each year. If a billing date falls on a date that does not exist in a particular month (e.g., the 31st), you will be billed on the last day of that month.
Automatic Renewal
All subscriptions automatically renew unless canceled by you prior to the renewal date. By subscribing, you authorize us to automatically charge your payment method for the subscription term at the then-current rate. If the renewal fails due to payment issues, we may attempt to process the payment multiple times within a [NUMBER]-day period.
Price Changes
We may change the price of our subscription plans from time to time. If we change the pricing for your subscription plan, we will provide notice of the change through our Services or via email at least [NUMBER] days before the change is to take effect. Your continued use of the Services after the price change goes into effect constitutes your agreement to pay the updated price. If you do not agree to a price change, you must cancel your subscription before the change goes into effect.
Payment Methods
We accept various payment methods, which may include credit cards, debit cards, PayPal, and other payment services as indicated during the checkout process. You agree to provide current, complete, and accurate billing information and to promptly update such information if it changes. For subscription services, you authorize us to store your payment method information for future charges.
Cancellation
You may cancel your subscription at any time through your account settings or by contacting our customer support at [CONTACT_INFORMATION]. Upon cancellation, your subscription will remain active until the end of your current billing period, and you will not receive a refund for any fees already paid.
Instruction for cancellation: [CANCELLATION_INSTRUCTIONS]
Free Trials and Promotional Periods
We may offer free trials or promotional periods for our subscription services. Unless otherwise stated, free trials automatically convert to paid subscriptions at the end of the trial period. To avoid charges, you must cancel before the end of the free trial period. You may be required to provide a valid payment method to start a free trial, and we may authorize a nominal charge to verify your payment method.
You are eligible for one free trial per subscription plan unless we explicitly permit otherwise. We reserve the right to determine eligibility for free trials and to limit or prohibit free trials at our discretion.
Refunds
All subscription fees are non-refundable except as expressly stated in these Terms or as required by applicable law. In exceptional circumstances, we may, at our sole discretion, offer a partial or full refund. Any refunds will be processed using the original payment method unless otherwise specified.
Subscription Pausing
[IF APPLICABLE: We offer the option to pause your subscription for a limited period instead of canceling it. During the pause period, you will not have access to subscription features, and you will not be charged. You can pause your subscription for a maximum of [NUMBER] [DAYS/MONTHS] per [YEAR/SUBSCRIPTION]. To pause your subscription, [PAUSE_INSTRUCTIONS].]
Account Delinquency
If payment cannot be charged to your payment method for any reason (such as expiration, insufficient funds, or otherwise), we will make reasonable attempts to notify you and retry the charge. If we are unable to charge your payment method after multiple attempts, we may suspend or terminate your access to the Services. You remain responsible for any uncollected amounts.
Tax and VAT
Subscription fees may not include applicable taxes such as sales tax, value-added tax (VAT), or goods and services tax (GST). Where required by law, we will collect and remit these taxes to the appropriate authorities. You are responsible for any taxes not collected by us that are applicable to your purchase.
Accessibility
Commitment to Accessibility
We are committed to making our Services accessible to all users, including those with disabilities. We strive to conform to WCAG 2.1 Level AA standards (Web Content Accessibility Guidelines) and applicable laws regarding accessibility.
Accessibility Features
Our Services may include the following accessibility features:
- Text alternatives for non-text content
- Captions and other alternatives for multimedia
- Content that can be presented in different ways without losing information
- Functionality that is available from a keyboard
- Sufficient time for users to read and use content
- Content that does not cause seizures or physical reactions
- Ways to help users navigate and find content
- Text that is readable and understandable
- Content that appears and operates in predictable ways
- Input assistance to help users avoid and correct mistakes
- Compatibility with current and future user tools
Third-Party Content
While we strive to ensure all content on our Services is accessible, we may not have control over all third-party content or applications that may be integrated into our Services. We cannot guarantee that such third-party content will meet all accessibility requirements.
Feedback and Assistance
If you experience any difficulty accessing any part of our Services, or if you require assistance or have suggestions for improving accessibility, please contact us at [ACCESSIBILITY_CONTACT]. We welcome your feedback and are committed to continually improving the accessibility of our Services.
Accessibility Statement
For more detailed information about our accessibility efforts, please refer to our Accessibility Statement at [ACCESSIBILITY_STATEMENT_URL].
Dispute Resolution and Arbitration
Informal Dispute Resolution
Before filing a claim against us, you agree to attempt to resolve the dispute informally by contacting us at [DISPUTE_CONTACT_EMAIL]. We will attempt to resolve the dispute by contacting you via email. If the dispute is not resolved within 30 days after submission, you or we may initiate formal proceedings.
Agreement to Arbitrate
You and we agree to resolve any disputes between us through binding and final arbitration instead of through court proceedings. You acknowledge and agree that you are waiving the right to sue in court, have a jury trial, or participate in a class action.
This arbitration agreement is governed by the Federal Arbitration Act and shall survive the termination of these Terms. The arbitration will be conducted by [ARBITRATION_PROVIDER] under its then-current rules and procedures, including any supplementary procedures for consumer-related disputes.
Exceptions to Arbitration
Notwithstanding the foregoing, the following shall not be subject to arbitration: (1) small claims court cases that qualify; (2) disputes related to intellectual property (like patents, trademarks, and copyright); (3) disputes related to or arising from allegations of theft, piracy, invasion of privacy, or unauthorized use; and (4) any claim for injunctive relief.
Arbitration Procedures
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent: [COMPANY_ADDRESS]. The arbitration will be conducted in [ARBITRATION_LOCATION] unless you and we agree to conduct it elsewhere. If the value of your claim does not exceed $10,000, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the arbitration rules.
Arbitration Fees
Payment of all filing, administration, and arbitrator fees will be governed by the arbitration provider's rules. If the arbitrator finds that your claim is non-frivolous, we will pay all filing, administration, and arbitrator fees associated with the arbitration, regardless of who initiated the proceeding.
Class Action Waiver
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Opt-Out Procedure
You have the right to opt out of this arbitration agreement within 30 days of the date you first agreed to these Terms by sending a signed letter stating your decision to [OPT_OUT_ADDRESS]. If you opt out of this arbitration agreement, all other parts of these Terms will continue to apply to you.
Severability
If any part of this arbitration agreement is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class or representative arbitration, this arbitration agreement shall be unenforceable in its entirety.
Changes to Arbitration Agreement
Notwithstanding any provision in these Terms to the contrary, we agree that if we make any future change to this arbitration agreement (except a change to the notice address), you may reject any such change by sending us written notice within 30 days of the change.
Intellectual Property Rights
Our Intellectual Property
The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of [COMPANY_NAME] and its licensors. The Service is protected by copyright, trademark, and other laws of both the [COUNTRY] and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of [COMPANY_NAME].
Your License to Use Our Content
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your personal or internal business purposes. This license does not include any resale or commercial use of the Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Service or its contents; or any use of data mining, robots, or similar data gathering and extraction tools.
Third-Party Intellectual Property
The Service may display content that belongs to third parties. You may not use this third-party content without the permission of these third parties, and your use of third-party content may be subject to additional terms and conditions. We are not responsible for examining or evaluating the content or accuracy of any third-party content, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
Copyright Complaints
If you believe that any material available on or through the Service infringes upon your copyright, please notify us in accordance with our Copyright Policy, which is incorporated by reference into these Terms. We will respond to notices of alleged copyright infringement that comply with applicable law. We reserve the right to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and to remove or disable access to any reference or link to material or activity that allegedly infringes any copyright.
DMCA Compliance
If you are a copyright owner or an agent thereof and believe that any content on the Service infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
- Identification of the copyrighted work claimed to have been infringed
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an e-mail address
- A statement that you have a good faith belief that use of the material in the manner complained of 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 authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
Our designated Copyright Agent to receive notifications of claimed infringement is: [DMCA_AGENT_NAME], [DMCA_AGENT_ADDRESS], [DMCA_AGENT_EMAIL], [DMCA_AGENT_PHONE].