MASTER TERMS OF SERVICE AND PRIVACY POLICY
Last Updated: September 28, 2026
These Master Terms of Service and Privacy Policy (as it may be amended, modified, supplemented, or restated from time to time as provided herein, this “Master Agreement”) are entered into by and between you (“you”) and DIGITAL REFUGE LLC (together with its successors and assigns, the “Company”, “we”, or “us”). This Master Agreement governs your access to and use of our Services (as defined below).
Please read this Master Agreement carefully before you start to use the Services. By using the Services (including, but not limited to, accessing the Website (as defined below), creating an account, and/or installing the Browser Extension (as defined below)) or by clicking to accept or agree to this Master Agreement when this option is made available to you, you accept and agree to be bound and abide by this Master Agreement in its entirety. If you do not want to agree to this Master Agreement, you must not access or use the Services.
We may revise and update this Master Agreement from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in Section 14 (Governing Law and Jurisdiction) will not apply to any disputes for which the parties have actual notice on or before the date the change is posted.
Your continued use of the Services following the posting of revised Master Agreement means that you accept and agree to the changes. You are expected to check the Website from time to time so you are aware of any changes, as they are binding on you.
Section 1. Services Generally
This Master Agreement govern your access to and use of the following (collectively, the “Services”): (i) the website located at www.unvail.ai, including all content, features, subdomains, and functionality offered on or through the site (the “Website”), whether as a guest or a registered account holder; and (ii) The Unvail™ browser extension, including all associated software scripts, updates, and deliverables available for download via web extension marketplaces or application stores (including, but not limited to, the Chrome Web Store and Apple’s App Store) (the “Brower Extension”).
The Services are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
Section 2. Description of Services
The Services estimate the likelihood that a submitted piece of content—including images, video frames, audio clips, or passages of text—was generated by artificial intelligence (additional information may be provided depending on the paid tier). The Services also read an article or a video transcript, searches for sources, and reports whether each claim is corroborated by them. You expressly acknowledge, understand, and agree that such estimates, data, outputs and statements generated by the Services are not 100% accurate, error-free, or definitive, and shall not be relied upon as conclusive, binding, or definite. Content is analyzed solely upon your affirmative, explicit request for a scan, and the Browser Extension does not monitor, track, or scan media passively as you navigate third-party websites. The Company utilizes third-party detection engines to generate these estimates (and additional information, if applicable), and reserves the right, in its sole and absolute discretion, to add, remove, modify, or substitute any underlying detection engines, models, or data sources at any time without prior notice or liability to you.
Section 3. Beta Availability and Geographic Restrictions
The Services are currently offered solely on a limited, public beta basis, capped at 300 user accounts. You acknowledge and agree that the Services are under active development and subject to continuous modifications. The Company reserves the right, in its sole discretion, to add, update, alter, suspend, or permanently withdraw features, functionality, limits, or any portion of the Services at any time without prior notice or liability to you. Continuous, uninterrupted, or error-free availability of the Services is not guaranteed.
The owner of the Services is based in the United States. We provide the Services for use only by persons located in the United States or any of its territories or possessions. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. By accessing or using the Services, you represent and warrant that you are currently located within and reside in the United States.
Section 4. Use of Detection Results, Submitted Content and Cache Operations
The Services are designed strictly to inform human judgment, not to replace it. The results are estimates rather than definitive factual determinations. You are solely responsible for how you interpret and apply any result. Specifically, you agree not to use the Services or any generated estimate, result, statement, output or data:
- To make or support adverse or consequential decisions regarding an individual—including decisions involving employment, academic evaluation or discipline, credit, housing, insurance, immigration status, or legal proceedings—without thorough independent verification.
- To publicly accuse, label, malign, or publish claims regarding an identifiable person or their work based solely on platform probability scores.
- To harass, defame, intimidate, stalk, or unlawfully discriminate against any individual or entity.
- To inspect or analyze private communications or third-party content without obtaining all legally required consents.
- To scrape, bulk-process, resell, or train competing or derivative artificial intelligence, machine learning, or detection models.
- In any manner that violates applicable law, regulation, or the third-party terms of service governing the source platform from which the content was accessed.
You retain all existing ownership and intellectual property rights in any text, document, URL, or content you submit or transmit to the Services for scanning. By submitting content through the Services, you grant the Company a limited, non-exclusive, worldwide, royalty-free license to access, process, host, and analyze such content solely as necessary to operate, deliver, maintain, and secure the Services. You represent and warrant that you possess all necessary rights, licenses, and permissions to submit such content to the Services without infringing third-party rights or violating third-party terms.
The Services utilize an automated caching system. You acknowledge and agree that the Company may retain analysis outputs, probability calculations, derived content references, and associated metadata (including source URLs where applicable) within our cache infrastructure so that duplicate requests can be served efficiently. All retained analysis outputs and cached references are handled in accordance with this Master Agreement.
Section 5. Accessing the Services and Account Security
We reserve the right to withdraw, modify, or amend the Services, or any portion thereof, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Services is unavailable at any time or for any period, regardless of whether you hold an active paid account or credit balance. From time to time, we may restrict user access, including registered user access, to some part of the Services or the entire platform.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Services; and
- Ensuring that all persons who access or use the Services through your internet connection, network, or account credentials are aware of this Master Agreement and comply with them.
To access the Services or purchase subscriptions, you are required to create an account, and you will be asked to provide certain registration details or other information. It is a condition of your use of and access to the Services that all the information you provide to the Company is correct, current, and complete. You agree that all information you provide to register to access and use the Services or otherwise is governed by this Master Agreement, and you consent to all actions we take with respect to your information consistent with this Master Agreement.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password, or other security information. You are solely responsible for all activity, and financial charges incurred under your account credentials. You agree to notify us immediately of any unauthorized access to or use of your username, password, or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You remain solely responsible for maintaining the security of your sign-in credentials and for all activity conducted under your account. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password, or other personal information.
We have the right to disable, suspend, or terminate any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason or no reason, without prior notice or liability, including, without limitation, if, in our opinion, you have violated any provision of this Master Agreement (including Section 8 (Prohibited Uses)), if the Services are being used in a manner that may harm or expose another person or entity to liability, or if such action is necessary to protect the security, stability, or integrity of our Services and underlying infrastructure.
Section 6. Intellectual Property Rights
The Website and the Browser Extension and their entire contents, features, and functionality (including, but not limited to, all information, software, code, algorithms, probability scoring mechanisms, artificial intelligence detection model outputs, browser extension scripts, text, displays, images, video, audio, and the design, selection, and arrangement thereof), all other writings, software, technology, inventions, discoveries, processes, techniques, methods, ideas, concepts, research, proposals, and materials, and all other work product of any nature whatsoever, that are created, prepared, produced, and/or authored by the Company and any and all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world (collectively, the “Company’s Intellectual Property Rights”) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Subject to your strict compliance with this Master Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and execute the Browser Extension on your web browser solely to utilize the Services for your internal, authorized purposes. You acquire no ownership rights, title, or interest in or to any of the Company’s Intellectual Property Rights.
Without limiting the generality of the foregoing, you shall not: (a) reverse engineer, decompile, disassemble, or attempt to derive the source code or underlying algorithms of the Browser Extension and the Website or the other Company’s Intellectual Property Rights; (b) sublicense, lease, sell, or transfer your account access to any third party; or (c) bypass, disable, or circumvent any security measures, rate limits, or scan restrictions implemented within the Services. All rights not expressly granted to you herein are reserved by the Company. No right, title, or interest in or to the Company’s Intellectual Property Rights is transferred to you, and all rights not expressly granted are reserved by the Company.
This Master Agreement permits you to access and use the Services solely for your internal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the materials, software, or output accessible through the Services, except as follows:
- Your device or browser may temporarily store copies of platform materials in RAM or web cache files incidental to your accessing, viewing, or running scans across the Services.
- You may download, install, and execute a single active copy of the Browser Extension on your personal or company web browser, solely for your authorized use in submitting explicit scan requests.
- You may print or download a reasonable number of pages from the Website or user documentation for your own informational, non-commercial use, and not for further reproduction, publication, or distribution.
You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of this Master Agreement, your right to use and access the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.
Any use of the Services not expressly permitted by this Master Agreement is a breach of this Master Agreement and may violate copyright, trademark, and other laws.
Section 7. Trademarks
The Company name, Unvail™ and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans are the trademarks of their respective owners.
Section 8. Prohibited Uses
You may use the Services only for lawful purposes and in accordance with this Master Agreement. You agree not to use the Services:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To submit content or request scans for the purpose of facilitating defamation, fraud, identity theft, or deceptive practices, or to fabricate legal determinations of content origin.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services, or expose them to liability.
Additionally, you agree not to:
- Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services.
- Reverse engineer, decompile, benchmark, or scrape probability outputs, model weights, or underlying detection engines to train competing artificial intelligence, machine learning, or automated detection models.
- Use any robot, spider, automated script, or other device, process, or means to access the Services for any unauthorized purpose.
- Tamper with, modify, or inject unauthorized code into the Browser Extension or use automated routines to simulate explicit user scan requests.
- Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in this Master Agreement, without our prior written consent of the Company.
- Use any device, software, or routine that interferes with the proper working of the Services.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, user accounts, or any server, computer, or database connected to the Services.
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Services.
Section 9. Paid Plans, Credit Packs, and Subscription Billing
Paid subscription tiers (including “Pro” and “Max” plans) are billed on a recurring monthly basis at the rates displayed during checkout. Each paid plan includes a dedicated monthly allowance of scan credits and daily usage limits as specified on our pricing page. Subscriptions automatically renew at the end of each billing cycle unless canceled prior to the renewal date. All payment processing, card validation, and transaction handling are managed securely by our third-party payment processor, Stripe, Inc. (“Stripe”). The Company does not store or process your full credit card or bank account details.
You may cancel your subscription at any time via the Stripe billing portal. Upon cancellation, your auto-renewal will be disabled, and you will retain access to your plan features and monthly credit allowance until the end of your current prepaid billing period.
Upgrading your plan tier takes effect immediately. A new billing cycle commences on the date of the upgrade; you will be charged the full price of the higher tier, and a prorated credit for the unused portion of your previous tier will be applied toward the upgrade charge.
Downgrading your plan tier takes effect at the expiration of your current billing cycle. You will retain full access to your higher-tier benefits until that date, and no refunds or partial adjustments will be issued for the remaining period.
Active subscribers may purchase non-recurring, one-off credit packs in the preset or custom quantities displayed at checkout, and the rates displayed at checkout. Purchased credit packs are added to your account credit balance, do not expire, and are consumed only after your monthly plan credit allowance is fully exhausted. Credit packs are not available for purchase on free plan tiers.
Except as strictly required by applicable law, all payments, subscription fees, and credit pack purchases are non-refundable. This includes, without limitation, payments for partial billing periods, unused plan credits, or unspent credit pack balances. If a payment is reversed, disputed, or charged back by your financial institution, or if a refund is issued in our sole discretion, the subscription, and associated credit balances paid for by that transaction shall terminate immediately.
The Company reserves the right to modify subscription prices, credit allocations, or tier limits at any time upon prior notice to existing subscribers before such changes take effect for subsequent billing cycles. Usage limits apply across all free and paid account tiers. System-level errors or failed scan requests originating on our side will not consume credits, and cached detection results do not count toward your daily or monthly credit limits.
Section 10. Privacy Policy
a. Generally.
The Company respects your privacy and is committed to protecting it through our compliance with this Master Agreement. This Section 10 (Privacy Policy) describes how we collect, process, retain, protect, and disclose personal data when you interact with our Service.
b. Applicability and Scope
This Master Agreement applies solely to information collected by the Company including, but not limited to:
- through your use of the Services;
- through the user registration and setting up of the account;
- in communications between you and the Services (including, but not limited to, email, technical support requests, and billing inquiries); and
- through explicit scan requests and automated caching operations and analysis outputs.
It does not apply to information collected offline or by third parties (including third-party payment processors like Stripe or websites analyzed via the Browser Extension).
c. Children’s and Minors’ Data
Our Services are strictly intended for users aged 18 and older. We do not knowingly collect personal data from individuals under 18 years of age. If we discover that we have inadvertently collected personal data from a minor under 18 without verified parental consent, we will delete that information immediately.
d. Personal Data We Collect or Process
We collect several types of information from and about users of our Services:
- name, email address, username, and communication preferences;
- subscription tier details (Pro, Max, Free), credit pack balance, billing history, and payment status (full credit card and financial account details are processed directly by Stripe and are never stored or handled on our servers);
- text snippets, document payloads, images, video frames, or audio samples explicitly submitted or highlighted for artificial intelligence probability scanning;
- derived statistical scores, content hashes, and, where media or content is scanned on a third-party webpage via the Browser Extension, the source URL address of the page, retained so that repeat checks of the same item can reuse earlier results without re-analysis;
- counts of scan requests performed, categorized by media type, used to enforce free and paid daily and monthly plan limits and manage infrastructure capacity;
- if the extension or site encounters an error, we receive a crash report containing technical details about the failure;
- IP address, browser type and version, browser extension version, operating system, system performance metrics, rate-limit logs, session identifiers, and automated crash or failure reports containing technical details when an error occurs across the site or extension;
- sign-up source captured from campaign links and the referring page;
- feedback votes and bug reports users submit;
- the terms-acceptance record of this Master Agreements;
- detection results, including submitted images and their hashes, are retained with labels to evaluate and improve detection;
- for songs, an audio fingerprint is sent to a music recognition service to identify the track before it is checked; and
- for fact-checks, the page address, the article text or video transcript, and any highlighted passage are sent to the model providers.
We do not track your browsing activity or build a history of the web pages you visit; the Browser Extension remains entirely passive and does not record or transmit any data anywhere until you explicitly initiate a check. Furthermore, we do not scan private communications. Media checking is strictly blocked on messaging and email surfaces—including WhatsApp Web, Gmail, and direct messages on Instagram, X, and Facebook—enforced directly within the Browser Extension itself, which fails closed on any web address it cannot identify. Finally, we do not sell your personal data.
e. How We Collect Data
We collect personal data directly from you when you register an account, purchase subscription plans or credit packs, submit content for scanning, or contact technical support.
As you access or use the Services, we automatically collect usage details, IP addresses, system logs, and browser interaction data. Technologies used include:
- sign-in bearer tokens stored directly in your browser and extension storage (integrated third-party tools—including Google Tag Manager, Google Analytics, and Google Ads conversion tags—automatically set and collect their own tracking cookies during website visits); and
- automated tracking of scan frequency and endpoint calls to enforce plan daily/monthly credit quotas.
f. Third-Party Data Collection & Integrations
When using paid tiers or processing transactions, payment processing is performed directly by Stripe, Stripe collects payment card details and transaction information governed by its own privacy policies.
g. How We Use Your Information
We use the information we collect to:
- operate, maintain, and deliver the Services;
- manage subscriptions, process Stripe transactions, track credit pack balances, and enforce billing rules;
- maintain our automated cache infrastructure to store derived analysis references and probability outputs, enabling repeat scan requests to be served efficiently without re-analysis;
- authenticate user access, and prevent unauthorized account usage or credential sharing;
- protect system integrity, monitor rate limits, and prevent model scraping, reverse engineering, or denial-of-service attacks;
- for crash reporting and the detection-quality retention; and
- communicate technical updates, billing notices, and responses to support tickets.
We do not sell your personal data or user-submitted text content to third parties for commercial advertising. Submitted content also goes to the third-party engines and, for fact-checks, to the model providers, and results are retained for quality evaluation.
h. Disclosure of Your Information
We may disclose aggregated, non-personally identifiable statistical data without restriction. We may disclose personal data that we collect or you provide:
- trusted vendors and providers who support our technical infrastructure, database hosting, customer support, and payment processing;
- to a buyer or successor in the event of a merger, restructuring, acquisition, or sale of Company assets;
- to comply with court orders, laws, legal processes, or government requests;
- to enforce our Master Agreement; or
- to protect the safety, rights, and security of the Company, our users, or the public.
i. Data Retention & Cache Operations
We retain your personal and account data for as long as your account remains active or as needed to fulfill subscription services, comply with legal obligations, and resolve billing disputes.
Derived statistical analysis scores, probability outputs, and content reference cashes are retained within our optimized cache system to serve duplicate scan requests efficiently.
When an account is terminated, account credentials are deleted or anonymized in accordance with standard data retention schedules.
j. Data Security Measures
We implement commercially reasonable administrative, physical, and technical safeguards designed to secure your personal data, and scan logs from accidental loss, unauthorized access, alteration, and disclosure. However, no transmission over the internet, or browser extension environment is 100% secure. Transmission of personal data and scan inputs is at your own risk.
k. Your State Privacy Rights
Depending on your state of residency, you may have certain rights regarding your personal data, subject to legal exceptions.
Section 11. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files, data, scripts, software, or browser extensions available for downloading or transmission from the internet or through the Services will be free of viruses, malware, Trojan horses, or other destructive or harmful code. You are solely responsible for implementing sufficient security procedures, firewalls, and checkpoints to satisfy your requirements for anti-virus protection, system integrity, and accuracy of data input and output, as well as for maintaining a means external to the Services for any backup or reconstruction of any lost or corrupted data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, TROJAN HORSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT OR DAMAGE YOUR COMPUTER EQUIPMENT, MOBILE DEVICES, BROWSER INSTANCES, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR ACCESS TO OR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM, OR TO YOUR DOWNLOADING OR RECEIPT OF ANY MATERIAL, OUTPUT, OR CODE POSTED ON OR TRANSMITTED THROUGH IT, OR ON ANY WEBSITE OR THIRD-PARTY SERVICE LINKED TO IT.
YOUR ACCESS TO AND USE OF THE SERVICES, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR SOLE RISK. THE SERVICES AND ALL ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, OR ANY OUTPUT, SCORES, OR ITEMS OBTAINED THROUGH THE PLATFORM, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS, REQUIREMENTS, OR EXPECTATIONS.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ARTIFICIAL INTELLIGENCE DETECTION IS PROBABILISTIC AND INHERENTLY IMPERFECT. ANALYSIS RESULTS AND PROBABILITY SCORES GENERATED BY THE SERVICES CAN BE INACCURATE AND MAY PRODUCE BOTH FALSE POSITIVES (REPORTING HUMAN-CREATED CONTENT AS LIKELY ARTIFICIAL INTELLIGENCE) AND FALSE NEGATIVES (REPORTING ARTIFICIAL INTELLIGENCE-GENERATED CONTENT AS LIKELY HUMAN). DETECTION ACCURACY IS MATERIALLY LOWER ON CONTENT THAT HAS BEEN EDITED, CROPPED, COMPRESSED, RE-ENCODED, PARAPHRASED, OR SHORTENED, AS WELL AS ON CONTENT GENERATED BY ARTIFICIAL INTELLIGENCE MODELS OR TOOLKITS RELEASED AFTER OUR DETECTION ENGINES WERE LAST UPDATED. A RESULT GENERATED BY THE SERVICES IS STRICTLY A STATISTICAL ESTIMATE OF LIKELIHOOD—IT IS NOT A DETERMINATION OF FACT, NOT CONCLUSIVE EVIDENCE OF HOW CONTENT WAS CREATED, AND NOT A CERTIFICATION OF AUTHENTICITY. THE COMPANY NEVER REPORTS ANY RESULT OR PROBABILITY SCORE AS CERTAIN OR FACTUAL.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Section 12. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SERVICES, ANY WEBSITES OR SERVICES LINKED TO IT, OR ANY CONTENT ACCESSIBLE THROUGH THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, RELIANCE ON PROBABILITY SCORES OR DETECTION RESULTS, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY EXCEED THE GREATER OF ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD) OR THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY FOR ACCESS TO THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
Section 13. Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Master Agreement or your access to or use of the Services.
Section 14. Governing Law and Jurisdiction
All matters relating to the Services and this Master Agreement, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, this Master Agreement or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in the City of St. Petersburg and County of Pinellas. However, the Company retains the right to bring any suit, action, or proceeding against you for breach of this Master Agreement in your country or state of residence or any other relevant jurisdiction. You hereby irrevocably waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At the Company’s sole discretion, it may require you to submit any disputes arising from this Master Agreement or your use of the Services—including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination—to final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, applying the internal laws of the State of Florida. The seat of arbitration shall be St. Petersburg.
YOU AND THE COMPANY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT YOU OR THE COMPANY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION, PROCEEDING, CLAIM, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS MASTER AGREEMENT, THE SERVICES, OR ANY TRANSACTIONS CONTEMPLATED HEREBY.
Section 15. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS MASTER AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Section 16. Waiver and Severability
No waiver by the Company of any term or condition set out in this Master Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Master Agreement shall not constitute a waiver of such right or provision.
If any provision of this Master Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Master Agreement will continue in full force and effect.
Section 17. Entire Agreement
This Master Agreement constitute the sole and entire agreement between you and DIGITAL REFUGE LLC regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
Section 18. Contact
All feedback, questions, comments, requests for technical support, and other communications relating to this Master Agreement and/or the Services should be directed to the Company by email or mail at the following:
Email: unvaildev1@gmail.com
Mailing Address: 7901 4th St N Suite 300 St. Petersburg, Florida 33702