Terms of Service

WAFFLE Terms of Service

Last Update: April 27, 2026

Previous Version(s): [link]

Important: These Terms require all disputes between us to go through binding arbitration instead of a government court. By accepting these Terms, you waive any right to have disputes decided (1) by a judge or jury and (2) in class or representative actions. You can opt-out of arbitration for thirty (30) days after you first accept these Terms—see ‘opt-out’ under Dispute Resolution below.

Welcome to Waffle. Waffle connects entities with a global network of video creators (“Creators”) to deliver custom-made video data for AI training. These Terms of Service (these “Terms”) use of Waffle’s website(s), including https://www.wafflevideo.ai/ and any successor URL(s), and any and all related software, hardware (including Waffle Devices, as defined below), platforms, mobile applications, documentation, and online, mobile-enabled, and/or digital services (collectively, the “Service”) provided by Waffle Video, Inc. (“Waffle,” “we,” “our,” or “us”).

You must read this Terms carefully before you accept it. If you do not accept, or cannot understand, anything in these Terms, stop using the Services immediately.

By

accessing and/or using the Service, or by clicking a button or checking a box marked “I Agree” or something similar, you signify that you have read, understood, and agree to be bound by these Terms, and you acknowledge that you have read and understood our Privacy Notice. We reserve the right to modify these Terms, and we will provide notice of material changes as described below. These Terms apply to all visitors and users of the Service (collectively, “Users,” and, as applicable to you, “you” or “your”).

ADDITIONAL TERMS APPLICABLE TO SUCH SERVICE (“SUPPLEMENTAL TERMS”) THAT MAY BE POSTED ON THE SERVICE FROM TIME TO TIME, OR PRESENTED TO YOU FOR YOUR ACCEPTANCE WHEN YOU SIGN UP FOR OR ACCESS THE ADDITIONAL SERVICE. Supplemental Terms are governed by these Terms.

1. How We Administer the Service

1.1. Eligibility. This is a contract between you and Waffle. You must be at least 18 years old to use the Service. By accessing the Service, you agree to these Terms and all applicable laws. If you do not agree, you may not use the Service.

1.2. Outside Materials and Providers

1 The Services may link to, embed, integrate or connect third party services (“Outside Materials”). Outside Materials may be subject to additional legal terms (“Outside Terms”) made available by their third-party provider.

2 These Terms does not apply to Outside Materials. If you choose to interact with the third parties made available through our Services, such party’s terms will govern their relationship with you. We are not responsible or liable for such third parties’ Outside Terms, behavior or actions.

3 By using the Services, you acknowledge and agree that we are not responsible for, and disclaim all liability for, the performance and reliability of Outside Materials and any act or omission of any provider of Outside Materials. We are not responsible for the availability (or lack of availability) of any Outside Materials or their content.

1.3. Updates to these Terms. These Terms are effective as of the Last Update date above. As the Services change, we may revise these Terms by posting a new version and updating the Last Update .

If we make significant changes, we’ll do our best to notify you. For example, we may email you or place a temporary notice on the Services’ homepage. Changes to these Terms do not create a renewed opportunity to opt out of arbitration.

1 It remains your sole responsibility to review these Terms from time to time to view the current Terms. By using or accessing the Services after the Last Update, you accept the current Terms. If you do not accept a change to the Terms, stop using the Services immediately.

1.4. Contact. If you have any questions about these Terms and/or the Service, please contact us at support@wafflevideo.ai.

1.5. User Accounts

1 Your account gives you access to certain services and functionalities that we may, in our sole discretion, establish and maintain as part of the Service from time to time. You do not own your User Account or any data Waffle stores on its servers. You are responsible for all activity on your account and must keep your credentials secure. Notify us immediately of any unauthorized use. If you connect via a third-party service, you authorize us to access and store your information from that service as permitted. You will notify us immediately of any breach of security or unauthorized use of your User Account.

1.6. Changes, Suspension, and Termination. You may de-activate your User Account at any time. We may, with or without prior notice, change the Service, stop providing the Service or features of the Service to you or to Users generally, or create usage limits for the Service. We may, with or without prior notice, permanently terminate or temporarily suspend your access to your User Account and/or the Service without liability, with or without cause, and for any or no reason, including if, in our sole determination, you violate any provision of these Terms. Upon their termination for any reason or no reason, you continue to be bound by these Terms.

2. Access to the Service; Service Restrictions

2.1. Access to the Service. Waffle grants you a revocable, non-exclusive license to use the Service for personal or internal business use. We may change, limit, suspend, or terminate your access at any time, for any reason, without liability. .

2.2. Restrictions and Acceptable Use. You will not, and will not assist or enable others to:

• reverse engineer, decompile, or attempt to derive the source code of the Service;
• use any automated system (e.g., robots or scrapers) to access the Service in a manner that sends more requests than a human could reasonably produce, except for public search engines creating searchable indices (not caches) per our robots.txt;
• copy, modify, distribute, sell, lease, or create derivative works of any part of the Service or our intellectual property;
• bypass or interfere with security measures, system integrity, or access restrictions;
• use the Service to transmit viruses, invalid data, spam, or unsolicited commercial communications;
• collect personal information of other users or impersonate any person or entity;
• impose an unreasonable load on our infrastructure or interfere with the Service’s stability or performance;
• use the Service for any illegal, harassing, unethical, disruptive, or fraudulent purpose;
• violate any applicable law, regulation, or third-party right (including intellectual property and privacy rights);
• use the Service to promote hatred, violence, or harm, or for any purpose we deem objectionable;
• use the Service for benchmarking, competitive analysis, or to develop a competing product;
• use the Service in any way not expressly permitted by these Terms; or
• imply an endorsement or affiliation with us without our prior written consent.

3. Intellectual Property

3.1. User Content.

Other than Mission Submissions and Feedback, you retain ownership of content that you upload or provide while using our Services (“User Content”). User Content includes any information you authorize us to access from any Social Login or other third-party sources (if applicable). For the avoidance of doubt, Mission Submissions are not considered User Content.

You are solely responsible and liable for User Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with User Content.

• You represent and warrant to us that the information you provide to us or any other user is accurate.
• If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We encourage you to use caution in disclosing any personal information online.
• You acknowledge and agree that User Content may be viewed by other users, and, notwithstanding these Terms, other users may share User Content with third parties.
• You understand and agree that we may monitor or review User Content, and we have the right to remove, delete, edit, limit, block or prevent access to any of User Content at any time in our sole discretion. Furthermore, you understand and agree that we have no obligation to display or review User Content.

3.1. Feedback. To the extent you provide us any suggestions, recommendations, or other feedback relating to the Service or to any other Waffle products or services (collectively, “Feedback”), you hereby assign to us all rights (including Property rights), title, and interest in and to the Feedback. Accordingly, we are free to use the Feedback and any ideas, know-how, concepts, techniques, and/or other intellectual property contained in the Feedback, without providing any attribution or compensation to you or to any third party, for any purpose whatsoever, although we are not required to use any Feedback. Feedback is deemed our Confidential Information (as defined below). Submission of Feedback, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.

3.2. Waffle Intellectual Property. You understand and acknowledge that we (or our licensors (including other Users), as applicable) own and will continue to own all rights, title, and interest in and to the Service, all materials and content displayed or otherwise made available on and/or through the Service (including, without limitation, images, text, graphics, illustrations, logos, photographs, audio, videos, music, and User Content belonging to other Users), and all software, algorithms, code, technology, and intellectual property underlying and/or included in or with the Service (collectively and individually, “Our Content”). Except as may be explicitly provided herein, nothing in these Terms will be deemed to create a license in or under any such Property rights, and you will not access, sell, license, rent, modify, distribute, copy, reproduce, transmit, display, perform, publish, adapt, edit, or create derivative works of any Our Content. Use of any Our Content for any purpose not expressly permitted by these Terms is strictly prohibited.

3.3. DMCA Notice

We respect artists and content owner rights, and it is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (as it may be amended, “DMCA”).

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify our copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide all of the following information in writing:

• an electronic or physical signature of a person authorized to act on behalf of the copyright owner;
• identification of the copyrighted work that you claim has been infringed;
• identification of the material that is claimed to be infringing and its location on the information reasonably sufficient to permit us to contact you, such as your address,
• telephone number, and email 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 law; and
• a statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to our DMCA Agent, using the following contact information:

Attn: Waffle Video Copyright Agent Waffle Video, Inc.

Address: Waffle Video, Inc. 251 Little Falls Drive

Wilmington, DE 19808

Tel.: 302-307-6492

Email: support@wafflevideo.ai

Under united states federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.

Please note that the procedure outlined herein is exclusively for notifying Waffle and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Waffle’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable law.

In accordance with the DMCA and other applicable law, we terminate access to users who are deemed to be repeat infringers.

4. Our Publicity Rights

We may identify you as a User in our promotional materials. We will promptly stop doing so upon receipt of your request sent to support@wafflevideo.ai.

5. Promotional Offers.

5.1. We may from time to time offer special promotional offers, plans, or memberships (“Promotional Offers”). Promotional Offer eligibility is determined by us in our sole discretion, and we reserve the right to revoke a Promotional Offer in the event that we determine you are not eligible. We may use information such as device ID, method of payment, and/or an email address used in connection with your User Account to determine eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Promotional Offer or in other communications made available to you and may be subject to Supplemental Terms. You understand and acknowledge that any Promotional Offers are subject to change at any time and from time to time.

5.2. Contests and Promotions. We may also host contests and other promotions from time to time that give eligible Creators an opportunity to win prizes, in each case governed by contest rules on our Promotions page. Contest Rules constitute Supplemental Terms under these Terms.

6. Privacy; Communications

6.1. Privacy. We care about your privacy, and our Privacy Notice explains how we use and process your information, along with your rights and controls.

6.2. Communications

(a) General. You may provide us with your telephone number as part of creating your User Account or otherwise. By providing a telephone number, you consent to receiving autodialed or prerecorded calls and/or text messages from us, or on our behalf, at such telephone number. We may place such calls or send such texts to (a) help keep your User Account secure through the use of multi-factor authentication (“MFA”); (b) help you access your User Account if you are experiencing difficulties; and/or (c) as otherwise necessary to service your account or enforce these Terms, our policies, applicable law, or any other agreement we may have with you. Part of the MFA identity-verification process may involve Waffle sending text messages containing security codes to the telephone number you provided, and you agree to receive such texts from or on behalf of Waffle.

(b) Marketing opt-outs: you may opt-out of any marketing communications from us by following the unsubscribe instructions in the communication you receive. We may continue to send you communications regarding the Services, such as notices about administrative updates, transaction reports, and changes to the Service or these Terms.

7. Mission Submissions.

7.1. From time to time, Waffle or other Users may commission you to create and deliver to Waffle certain works of authorship, including but not limited to “Missions” or “Tasks” or other videos, photos, footages, film, clips, recordings, video datasets, and any other related content on the Service, (“Mission Submission(s)”) as specified in your individual User Account and in accordance with any criteria provided to you through the Service and Waffle’s submission guidelines.

• The Terms apply to all Mission Submissions commissioned by Waffle, including Device Content commissioned through the GRID Program (as defined below), regardless of whether any Mission Submissions are completed or compensated.
• You must have an individual User Account in order to submit Mission Submissions.
• Mission Submission must be submitted through the Waffle iOS App or Android App, unless Mission designates another method.

7.1. You affirm, represent, and warrant the following with respect to each and every Mission Submission:

7.2. Creator Responsibility. With respect to each Mission Submission commissioned by Waffle, Creator shall:

(a) accept or deny Mission Submissions that are communicated to you from time to time on your User Account on the Service (“Submissions Request(s)”);

(b) If accepted, deliver each Mission Submission pursuant to each accepted Submission Request to Waffle on a timely basis in the formats and on or via the media set forth in your User Account, applicable Submission Request, or as otherwise specified by Waffle;

(c) Prior to delivery of each Mission Submission, obtain from all persons who are, or whose property is, identified, depicted, or otherwise referred to or captured in such Mission Submission, such written and signed licenses, permissions, waivers, and consents (“Permissions”), including those relating to publicity and privacy, as are or reasonably may be expected to be necessary for Waffle, including its licensees, successors, and assigns, to exercise its rights in such Mission Submission, including those in ‘Grant of Rights’ below. Without limiting the generality of the foregoing, and your responsibility to secure Permissions as described herein, Waffle may make available through the Service, from time to time, certain written Permissions for such individual non-Users to execute who appear in a Mission Submission, and you represent and warrant that you will ensure that any such individuals appearing in your Mission Submission will execute relevant Permissions.

7.3. Creator Representations, Warranties, and Covenants. You represent, warrant, and covenant that:

(a) You have sufficient right, power, and authority to enter into and to perform your obligations under these Terms, including providing Mission Submissions, and to grant the rights described in these Terms;

(b) You have not made, nor will you make, any agreement or commitment with any third party that would prevent or materially interfere in any way with your provision of the Mission Submissions or the exercise of the rights granted to us (other than as specifically set out in these Terms);

(c) You will provide the Mission Submissions in compliance with all applicable laws, including any and all consumer disclosure requirements under federal, state and local laws, statutes, ordinances, rules, regulations, guidance and orders, and in a manner that does not infringe or violate any third party’s personal or property rights (including publicity rights); and

(d) each Mission Submission is entirely your own work, original, and unless we mutually agree otherwise, will not contain any third party’s content and will not be generated, in whole or in part, with the use of any generative or other artificial intelligence tools or technology.

(e) no Mission Submission includes nudity or other sexually suggestive content; hate speech, threats, or direct attacks on an individual or group; content that is abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy; sexist or racially, ethnically, or otherwise discriminatory content; content that contains self-harm or excessive violence; fake or impostor profiles; illegal content or content in furtherance of harmful or illegal activities; any person’s personal information without such person’s consent; or personal information of children under the age of 16.

(f) no Mission Submissions include any information or material that a governmental body deems to be sensitive or classified information, nor violates any confidentiality rights of any third party; and

(g) Mission and its licensees’ exercise of the rights granted by you in and to Mission Submissions will not create liability for payment of any guild or other fees, residuals, payments, or royalties payable under any collective bargaining agreement or otherwise;

7.4. Grant of Rights.

(a) You hereby irrevocably and unconditionally: (i) assign, transfer, and otherwise convey to Waffle, on a perpetual basis, throughout the universe, all right, title, and interest in and to all Mission Submissions, including all copyrights and other property rights therein (including all extensions and renewals thereof, all reversion rights therein, and the right to register and sue to enforce such copyrights against alleged and actual infringers) and all exploitation and allied, ancillary, and subsidiary rights therein (including the right to exploit the Mission Submissions, in perpetuity, throughout the universe, in any media, for any purpose, and by any and all technologies and means of delivery whether now or hereafter known or devised); and (ii) waive any and all claims you may now or hereafter have in any jurisdiction to any nonassignable rights, including “moral rights” or droit moral, with respect to such Mission Submission. Upon submission, Waffle will be the sole and exclusive owner in perpetuity throughout the universe of all right, title, and interest in and to the Mission Submissions.

(b) To the extent that you cannot assign, in whole or in part, all right, title and interest in and to any particular Mission Submission, you hereby grant to Waffle and its affiliates, and each of their respective direct and indirect licensees, successors, and assigns, a perpetual, irrevocable, freely transferable and sublicensable, fully paid-up and royalty-free exclusive right and license to use such Mission Submission, including all copyrights and other property rights therein (including all extensions and renewals thereof, all reversion rights therein, and the right to register and sue to enforce such copyrights against alleged and actual infringers) and all exploitation and allied, ancillary, and subsidiary rights therein (including the right to exploit such Mission Submission, in perpetuity, throughout the universe, in any and all media, for any purpose, and by any and all technologies and means of delivery whether now or hereafter known or devised). For purposes of clarity and without limiting the foregoing, you agree that the foregoing grant includes the rights: (a) to modify, edit, combine with other materials, translate, include in collective works, and create derivative works of such Mission Submission (collectively, “Adapt”); and (b) to reproduce, perform (publicly or otherwise), display (publicly or otherwise), and transmit such Mission Submission, in whole or in part, and as provided by you unmodified or Adapted.

(c) You hereby grant to Waffle and its affiliates, and each of their respective direct and indirect successors, licensees, and assigns, the perpetual, irrevocable, worldwide right to use your name, image, likeness, and biographical and professional information, including information you provide to Waffle and any other information about you that is publicly available (collectively, “Likeness”), in connection with the Mission Submissions (and as incorporated into the Mission Submissions), including in any product or service that features or includes any Mission Submission and any Adaptation, in whole or in part, as provided by you unmodified or as Adapted, in any and all media, for any purpose, and by any and all technologies and means of delivery whether now or hereafter known or devised, without further consent from or any royalty, payment, or other compensation due to you. PLEASE NOTE THAT CERTAIN MISSION SUBMISSIONS WILL REQUEST OR REQUIRE USE OF MISSION SUBMISSIONS FOR PURPOSES OF TRAINING ARTIFICIAL INTELLIGENCE ALGORITHMS AND MACHINE LEARNING MODELS (“AI MODEL SUBMISSIONS”). YOU WILL BE REQUIRED TO SEPARATELY OPT-IN AND ACKNOWLEDGE THE USE OF SUCH AI MODEL SUBMISSIONS FOR ARTIFICIAL INTELLIGENCE ALGORITHMS AND MACHINE LEARNING MODELS, AND ONCE YOU SUBMIT SUCH AN AI MODEL SUBMISSION, YOU ACKNOWLEDGE AND AGREE THAT THE FOREGOING LICENSE INCLUDES THE RIGHT FOR WAFFLE AND ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECT AND INDIRECT SUCCESSORS, LICENSEES, AND ASSIGNS, TO USE YOUR LIKENESS AND PERSONAL DATA FOR PURPOSES OF TRAINING, DEVELOPING, IMPROVING, AND/OR FINE-TUNING ARTIFICIAL INTELLIGENCE ALGORITHMS AND MACHINE LEARNING MODELS.

7.5. Payment Due to You.

(a) Payment Terms. You understand that Waffle has the right to and may sell or license your Mission Submissions. As a result of such sale or licensing, we, or our designated agent, will pay you the compensation designated for each Mission Submission, as set out at https://www.wafflevideo.ai/payment-information (“Creator Compensation”). Unless otherwise agreed by you and Waffle in writing, we will remit Creator Compensation due to you hereunder no later than thirty (30) days after the end of each calendar month in which the applicable fees are incurred. If a Submission Request requires two (2) or more Creators, only one Creator will be responsible for submitting the responsive Mission Submission, and such submitting Creator will be the sole Creator to receive Creator Compensation on behalf of the other Creator(s) included in the Submission Request. Creator is solely responsible for allocating the Creator Compensation among other Creators participating in the Mission Submission and Waffle will have no obligation to make such allocation or to pay multiple Creators for a single Mission Submission. Payment will be in the form you select when you register for the Service, or as subsequently updated as permitted by the Service. We reserve the right to withhold payment under these Terms due to any breach of these Terms by you, pending our reasonable investigation of such breach. We also reserve the right to withhold payment or to charge back to your User Account any amounts subject to dispute, such as in the case of credit card chargebacks, pending successful resolution of the dispute. Any third-party fees related to returned or cancelled payments due to a contact or payment information error or omission may be deducted from the newly-issued payment.

(b) Taxes, Expenses, and Account Information. You are solely responsible for: (a) providing and maintaining accurate contact and payment information associated with your User Account, including all applicable tax information; (b) all costs and expenses incurred by you incident to your provision of Mission Submissions, including but not limited to all tools, vehicles, or other equipment you provide, all fees, fines, licenses, and bonds, and all of your other costs of doing business; and (c) all applicable Taxes in connection with your access to and/or use of the Service. If we believe that we are obligated to obtain tax information and you do not provide this information to us after we have requested it, we may withhold your payments until you provide this information or otherwise satisfy us that you are not a person or entity from whom or from which we are required to obtain tax information. We may withhold any Taxes or other amounts from payments due to you as required by applicable law.

(c) Third-Party Payment Processor. To the extent a Payment Processor processes payments made to you, you will be subject to terms and conditions governing the use of Payment Processor’s service. Please review such terms and conditions as well as Payment Processor’s privacy notice (each of which is available on https://tipalti.com/legal/). You acknowledge and understand that Payment Processor may collect and retain third-party fees whenever you receive Creator Compensation and such amounts will be deducted from your Creator Compensation before your Creator Compensation is distributed to you. Payment Processor will report all payments to you on Internal Revenue Service Form 1099. For all payments, Payment Processor will collect your preferred payment method details and remit payment to your chosen payment method in connection with each transaction. If any of your account or payment method information changes, you will promptly update such information, so that we or Payment Processor may complete your transaction(s) and/or contact you, as needed.

(d) Revenue-Sharing Arrangement. Waffle may provide you a revenue-share percentage of certain Mission Submissions that you submit when such Mission Submissions are re-licensed to other Users, which details and criteria can be found within your User Account and/or on our Creator commissions page at https://www.wafflevideo.ai/payment-information. Such revenue-sharing arrangement shall expire on the sixtieth month from the date of acceptance of the applicable Mission Submission by Waffle. For the avoidance of doubt, thereafter, Waffle may continue to re-license the Mission Submissions to other Users and otherwise continue to exercise its license rights granted hereunder to such Mission Submissions without further payment to you.

7.6. Disputes. If you dispute any payment obligation we allegedly have hereunder, you must notify us in writing within thirty (30) days of such payment or from when you purport such payment would have been due, whichever is earlier. Failure to so notify us will result in the waiver by you of any claim relating to such disputed payment obligation. Creator Compensation will be calculated solely based on records maintained by us; no other measurements or statistics of any kind will be accepted by us or have any effect under these Terms, and you will have no audit rights hereunder.

7.7. Limitation of Remedies. You recognize and confirm that in the event of any failure or omission by Waffle constituting a breach of any of the obligations under these Terms, whether or not material, the damage, if any, caused to you is not irreparable or sufficient to entitle you to injunctive or other equitable relief. Consequently, your rights and remedies for a breach of these Terms shall be limited to the right, if any, to obtain damages at law and you shall not have any right to terminate or rescind these Terms or any of the rights granted to the Waffle hereunder or to enjoin or restrain any activities in connection with the exploitation of the rights granted in these Terms.

7.8. Nothing herein shall constitute any obligation for us to license, sell or make any use of any of the rights you transfer or grant to us in these Terms.

7.9. Independent Contractors. The parties understand and agree that Creator is an independent contractor and not an employee of Waffle or its affiliate(s). You are not entitled to participate in any benefit plans, arrangements, or distributions by Waffle pertaining to or in connection with any pension, stock, profit-sharing, or any other benefit extended to Waffle’s employees. Nothing contained in these Terms will create any of the following types of relationships: employer and employee, principal and agent, partnership, joint venture, or any association or relationship whatsoever between the parties other than the relationship of independent contractors. Neither party will have any authority to supervise the employees, representatives, or subcontractors of the other party. While you may perform services, including substantially similar services, for others unless otherwise expressly described in these Terms, you agree that during your provision of Mission Submissions as a Creator, you will not perform any services for another party that will materially interfere with your ability to perform your obligations for us according to these Terms.

8. GRID Program.

8.1. General. As part of Waffle’s “Gathering Real-World Intelligence Data” Program (“GRID Program”), Creators may capture content to be submitted as part of Mission Submissions using certain compatible glasses, cameras, or other content capture equipment or devices provided by Waffle (“Waffle Devices”) or owned or controlled by Creators (together with Waffle Devices, the “Capture Devices”). By participating in the GRID Program, you understand and acknowledge that you will be using Capture Devices to capture certain content, and that Waffle will collect, use, and share such video, audio, and audiovisual recordings and other content captured by the Capture Devices (“Device Content”), including recordings of authorized work areas or other authorized capture environments (“Authorized Capture Environments”). Your participation in the GRID Program, whether or not through your employer (as described below), is subject to these Terms. All such Device Content are considered Mission Submissions hereunder and will be subject to the rights, assignments, licenses, and obligations with respect to Mission Submissions (and any Likeness therein). You are responsible for taking appropriate steps to protect and maintain your privacy and the privacy of others, including, without limitation, disabling the recording functionality while in restrooms, locker rooms, break rooms, off-duty areas, or while engaging in personal activities or viewing private materials (whether on paper, mobile devices, or other media). You agree that you will only capture Device Content in Authorized Capture Environments where recording is permitted and where any legally required notices, signage, or consents have been provided.

8.2. You also agree to take reasonable care of any Waffle Devices assigned to you, including keeping them secure, handling them in accordance with any instructions provided by your employer or Waffle, as applicable, and promptly reporting any loss, theft, or damage. You agree to use the Waffle Devices provided through the Waffle GRID Program solely in Authorized Capture Environments, for purposes of creating Device Content as part of your Mission Submission(s), and you will not allow any other individual to use any assigned Waffle Devices. Notwithstanding anything contained in Contest Rules, any Mission Submission that constitutes Device Content is not eligible for Waffle tokens or other credit towards, or as part of, any contest or promotion that is based on the number of Mission Submissions submitted through the Service.

8.3. Employer Program. From time to time, Waffle may also contract with employers for the collection of certain content recorded by employees part of the GRID Program, and in such case you may be provided with Waffle Devices to capture such content. You also agree to take reasonable care of the Waffle Devices assigned to you, including keeping them secure, handling them in accordance with any instructions provided by your employer or Waffle, and promptly reporting any loss, theft, or damage. You will comply with all instructions and directions of your employer in the capture of Device Content and will be subject to all policies, procedures, and rules of conduct of your employer, including with respect to the Authorized Capture Environments, in connection with your participation in the GRID Program. You acknowledge and agree that, notwithstanding anything contained in these Terms, you will look to your employer for any compensation related to your participation in the Waffle GRID Program, and that Waffle is not responsible for providing payment to you for your participation in the Waffle GRID Program, even though Waffle may facilitate such payment on behalf of your employer through our Payment Processor.

8.4. Assumption of Risk. Please review the hardware and software recommendations for use of a Capture Device in connection with the GRID Program. Before using a Capture Device, please read and follow all setup and operating instructions provided by the manufacturer of the Capture Device. YOU MAY ONLY USE CAPTURE DEVICES IN AN AUTHORIZED CAPTURE ENVIRONMENT. You understand that using Capture Devices while performing physical tasks or navigating dynamic environments creates inherent risks, including but not limited to: (a) visual distraction, obstruction, or reduced situational awareness; (b) snagging, entanglement, or interference with equipment, machinery, or other persons; (c) device heating or malfunction; and (d) physical strain or fatigue. You voluntarily assume all such risks, and all other hazards and dangers, known or unknown, that you may encounter or to which you may be exposed with full knowledge, appreciation and understanding of the dangers and personal risks associated with your participation in the GRID Program, including, but not limited to, illness, serious personal injury, death, and/or property damage. You acknowledge that you alone are responsible for maintaining accident and health insurance, including medical and dental insurance, to cover any bodily injury to you, any insurance to cover your short-term or long-term disability from any injury, and insurance to cover your death, which may result from your participation in the GRID Program. You acknowledge and agree that if medical assistance (of any form, including emergency care, hospitalization, out-patient care, and/or physical therapy) is required or performed as a result of any injury you sustain in connection with participation in the GRID Program, such assistance shall be at your own expense. You agree to assess your surroundings continuously and to cease use of the Capture Device immediately if you feel it compromises your safety or the safety of others. Waffle is not liable for any injury, accident, property damage, or other loss resulting from your use of the Capture Device, regardless of whether such Capture Device was provided by Waffle or a third party.

8.5. Use of Waffle Devices. If agreed to by you and Waffle, Waffle will deliver to you the agreed upon Waffle Devices, for use in the GRID Program. Such Waffle Devices are provided to you only for a specific period as designated by Waffle (“Loan Period”). Title to the Waffle Devices will at all times remain with Waffle. You will not pledge, hypothecate, sell, lease, transfer, assign or otherwise encumber the Waffle Devices, nor allow any liens or security interests or other rights in the Waffle Devices to be filed, registered, perfected, or granted in any way without prior written consent of Waffle, at its sole discretion. You may use the Waffle Devices solely for purposes of the GRID Program, and may not use the Waffle Devices for any other purposes or to record any unlawful or obscene content. Without limiting the foregoing, the Waffle Devices will be operated only within an Authorized Capture Environment as designated by Waffle in writing. You shall not permit any person or entity to use the Waffle Devices. Upon the termination or completion of the Program or conclusion of the Loan Period, the Waffle Devices will be returned to Waffle, at Waffle’s cost, to an address specified by Waffle, which Waffle Devices shall be in as good, safe and reliable operating condition, repair and appearance as it was when delivered to you hereunder, ordinary, and reasonable wear and tear excepted. Waffle will be responsible for ordinary repairs, maintenance to, or replacement of the Waffle Devices for the Loan Period (other than to the extent such repairs, maintenance or replacement are caused by your negligence or misconduct, or your failure to comply with any of the terms herein. If we do not receive the Waffle Devices within ten (10) business days of the end of the Loan Period, Waffle will have the right to invoice you for the amount of such Waffle Device(s) and you will pay such invoice within ten (10) days of the issuance date. Waffle has the right to offset any amounts owed to you against amounts owed for lost, damaged (beyond ordinary wear and tear or caused by your negligence or misconduct), or unreturned Waffle Devices.

9. Release

You hereby release us from all claims, damages (whether direct, indirect, incidental, consequential, or otherwise), obligations, losses, liabilities, costs, debts, and expenses, in each case of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including any other User) in connection with the Service. In addition, you waive any applicable law that says, in substance: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE RELEASED PARTY.”

10. Indemnity

You will defend, indemnify, and hold harmless us and our subsidiaries and affiliates, and our and their respective agents, suppliers, licensors, employees, contractors, officers, and directors from and against any and all claims, damages (whether direct, indirect, incidental, consequential, or otherwise), obligations, losses, liabilities, costs, debts, and expenses (including, but not limited to, legal fees) arising from: (a) your access to and/or use of the Service, including your User Content and Mission Submissions; (b) your violation of these Terms, any third-party right, including, without limitation, any privacy right or property right, or applicable law; (e) User Content, Mission Submissions, or any content that is submitted via your User Account, including, without limitation, any misleading, false, or inaccurate information; (f) your willful misconduct; (g) any third party’s access to and/or use of the Service with your username(s), password(s), or other authentication credential(s); or (h) any dispute between you and other Creators with respect to any Creator Compensation paid by Waffle and owed to you or such other Creators pursuant to a Mission Submission.

11. Disclaimer, Liability, Indemnity

11.1. No Warranty; Disclaimers

1 THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Your use of the Service is at your own risk. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, THE INTELLECTUAL PROPERTY, THE OUTPUT, AND ANY OTHER INFORMATION AVAILABLE ON OR THROUGH THE SERVICE ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT.

2 No advice or information, whether oral or written, obtained by you from us or through the Service will create any warranty not expressly stated herein. Waffle does not warrant that any content or information contained in or available via the Service is accurate, comprehensive, reliable, useful, or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted, or secure; that any defects or errors in the Service will be corrected; or that the Service is free of viruses or other harmful components.

3 Waffle does not warrant, endorse, guarantee, recommend, or assume responsibility for any User Content or any Outside Material.

4 These disclaimers apply to the maximum extent permitted by applicable law.

11.2. Limitation of Liability

1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO WAFFLE INDEMNITEE WILL BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE, THE OUTPUTS, OR ANY PORTION THEREOF. This includes damage, loss, or injury resulting from hacking, tampering, or other unauthorized access to or use of the Service or your user account.

(e) To the maximum extent permitted by applicable law, Waffle assumes no liability or responsibility for: (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage resulting from your access to or use of the Service; (c) any unauthorized access to or use of the servers running the Service and/or any personal information stored therein; (d) any interruption or cessation of transmission to or from the Service; (e) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service by any third party; (f) any errors or omissions in any content, or any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (g) your data, any user content, or the defamatory, offensive, or illegal conduct of any third party.

(f) IN NO EVENT WILL ANY WAFFLE INDEMNITEE BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE GREATER OF (A) THE AMOUNT PAID OR PAYABLE TO YOU HEREUNDER DURING THE MOST RECENT TWELVE (12) MONTHS, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00). This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Waffle has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion of or limitations on incidental or consequential damages, so the above exclusions and/or limitations may not apply to you. These Terms give you specific legal rights, and you may also have other rights which vary by jurisdiction. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law.

12. Dispute Resolution

1 You agree to resolve disputes with Waffle through binding arbitration instead of court, except as described in this Dispute Resolution section (the “Arbitration Clause”). The parties expressly waive the right to bring or participate in any kind of class, collective, or mass action, private attorney general action, or any other representative action. Similar disputes may, however, be grouped as a Mass Filing in arbitration.

2 You may opt-out of arbitration under ‘Opt-Out‘ below within thirty (30) days of first accepting these Terms.

12.3. Scope of arbitration

(g) Covered Disputes. You and Waffle agree that any dispute or claim between you and Waffle arising out of or relating to this Terms or the Services (a “Dispute”) will be resolved by binding arbitration, rather than in court. A Dispute includes any claim or dispute relating to the Services, access and use of the Services, your Account, or any aspects of your relationship or transactions with Waffle. A Dispute also includes any claims or disputes that arose from or involve facts that occurred before the effectiveness of this Terms and claims that may arise after its termination. For clarity, nothing in this Arbitration Clause prevents either party from settling any Dispute(s) on a class-wide, batch-wide or other multiparty basis.

(h) Exception to Arbitration. This Arbitration Clause does not require arbitration of small claims court actions, if the requirements of the court are met and the claims are only on an individual basis; and

(i) 18-Month Filing Deadline. To the extent permitted by applicable Law, and notwithstanding any other statute of limitations, any claim or cause of action under this Arbitration Clause (with the exception of disputes under Exceptions to Arbitration for claims pertaining to intellectual property rights including trademarks, trade dress, domain names, trade secrets, copyrights and patents), must be filed within eighteen (18) months after such claim or cause of action arose. Otherwise, that claim or cause of action will be permanently barred. The statute of limitations and any arbitration cost deadlines remain tolled during the required informal process under Informal Dispute Resolution First above.

(j) Jury Trial Waiver. You and Waffle agree to waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and Waffle are instead electing that all Disputes will be resolved by arbitration under this Arbitration Clause, except as specified under ‘Exceptions to Arbitration‘ above. Court review of an arbitration award is subject to very limited review. Discovery may be limited in arbitration, and procedures are more streamlined than in court.

(k) Class Action Waiver. You and Waffle agree that, except as specified under ‘Batch Process‘ below, each of us may bring claims against the other only on an individual basis and not on a class, collective, representative, or mass action basis.

• The parties agree to waive all rights to have any Dispute be brought, heard, administered, resolved, or arbitrated on a class, collective, representative, or mass action basis.
• Subject to this Arbitration Clause, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief to the party’s individual claim.
• Notwithstanding anything to the contrary in this Arbitration Clause, if a court decides, in a final nonappealable decision, that the limitations of this Class Action Waiver section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Waffle agree that that particular claim or request for relief (and only that particular claim or request for relief) will be severed from the arbitration and will be pursued in the courts specified in the ‘Governing Law; Forum‘ section.

12.1. Opt-Out. You may reject this Arbitration Clause and opt out of arbitration by sending an email to opt-out@wafflevideo.ai within thirty (30) calendar days of first accepting these Terms. If you have an Account, your opt-out notice must be sent from the email address associated with your Account. No one may opt-out another person. Your notice to opt-out must include your first and last name, address, the email address associated with your Account (if you have an Account), and a clear statement that you decline this Arbitration Clause.

12.2. Resolution process

3 Informal Dispute Resolution First.

Like you, we want to resolve Disputes without resorting to arbitration. If you have a Dispute with us, before initiating arbitration, you agree to send an individualized request (“Pre-Arbitration Demand”) to dispute@wafflevideo.ai so that we can work together to resolve the Dispute.

• A Pre-Arbitration Demand is only valid when it pertains to, and is on behalf of, a single individual. A Pre-Arbitration Demand brought on behalf of multiple individuals is invalid as to all.
• The Pre-Arbitration Demand must include: (i) your name, telephone number, mailing address, and email address associated with your account; (ii) the name, telephone number, mailing address and email address of your counsel, if any; (iii) a description of your Dispute; and (iv) your signature.
• Likewise, if Waffle has a Dispute with you, Waffle will send an email with its individualized Pre-Arbitration Demand, including the requirements listed above, to the email address associated with your Account.
• If the Dispute is not resolved within sixty (60) calendar days of when either you or Waffle submitted a Pre-Arbitration Demand, an arbitration can be brought.

4 This ‘Informal Dispute Resolution First‘ section is a condition precedent to commencing arbitration. The arbitrator will dismiss any arbitration filed without fully and completely complying with these informal dispute resolution procedures.

5 This ‘Informal Dispute Resolution First‘ section does not apply to claims brought under any Exceptions to Arbitration.

12.3. Arbitration Procedure. If, after completing the ‘Informal Dispute Resolution First‘ process, either you or Waffle wish to initiate arbitration, the initiating party must serve the other party with a demand for arbitration. Any demand for arbitration by you will be sent to the Waffle address in ‘Informal Dispute Resolution First‘. Waffle will send any arbitration demand to the email address associated with your Account or to your counsel, if any. You and Waffle agree that the Federal Arbitration Act (“FAA”) governs this Arbitration Clause. If the FAA cannot apply, then the state laws governing arbitration procedures where you reside apply.

1 The arbitration will be administered by National Arbitration and Mediation (“NAM”) under its operative:

• Comprehensive Dispute Resolution Rules and Procedures, and
• where applicable, its Mass Filing Supplemental Dispute Resolution Rules and Procedures, in each case as available at https://www.namadr.com/resources/rules-fees-forms.

1 This Arbitration Clause will govern to the extent it conflicts with the arbitration provider’s rules.

• If the applicable arbitration provider is not available to arbitrate, the parties will select an alternative arbitration provider. If the parties cannot agree on an appropriate alternative arbitration provider, the parties will ask a court of competent jurisdiction to appoint an arbitrator pursuant to 9 U.S.C. § 5. To the extent there is a dispute over which arbitration provider has jurisdiction, a NAM arbitrator will be appointed to resolve that dispute.

1 Arbitration hearings will take place through videoconferencing, unless you and Waffle agree upon another location in writing. A single arbitrator will be appointed.

12.4. Arbitration Costs & Remedies.

• Costs. Except as provided for in a Mass Filing under ‘Batch Process‘ below, your responsibility to pay any filing, administrative, and arbitrator costs will be solely as set forth in the applicable arbitration provider’s rules.
• Remedies. The arbitrator may award damages, declaratory or injunctive relief, and recoverable costs. Any arbitration award may be enforced (such as through a judgment) in any court with jurisdiction over the dispute. An arbitration award will have no preclusive effect in another arbitration or court proceeding involving Waffle and a different individual. The arbitrator will have the exclusive authority to resolve all threshold arbitrability issues, including whether this Arbitration Clause is applicable, unconscionable, or enforceable, as well as any defenses to arbitration. However, a court has exclusive authority to rule on the waiver under ‘Class Action Waiver‘, including any claim that the section is unenforceable, illegal, void or voidable, or that it has been breached.

If a request to proceed in small claims court (under ‘Exceptions to Arbitration‘), is made after an arbitration has been initiated, but before an arbitrator has been appointed, such arbitration will be administratively closed. Any controversy over the small claims court’s jurisdiction will be determined by the small claims court.

12.5. Batch Process. To increase the efficiency of administration and resolution of arbitrations, you and Waffle agree that if 25 or more arbitration demands of a substantially similar nature are filed within a 180-day period (“Mass Filing”):

• to administer the Mass Filing in batches of 25 demands per batch (or less, if fewer than 25 remain) (“Batches”), with only one Batch filed, processed, and adjudicated at a time;
• to designate one arbitrator for each Batch;
• to accept applicable fees, including any related fee reduction determined by NAM in its discretion;
• that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior Batch is filed, processed, and adjudicated;
• that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by Waffle and the claimants, will only be due after your demand for arbitration is included in a Batch that is properly designated for filing, processing, and adjudication; and
• that the Batch process will continue until each demand (including your demand) is adjudicated or otherwise resolved.

(l) Tolling. Any statutes of limitation, including the requirement to file within eighteen (18) months at ‘18-Month Filing Deadline‘, will remain tolled while any arbitration demands are held in abeyance. While the Batches are adjudicated, no other demand for arbitration that is part of the Mass Filing may be processed, administered, or adjudicated, and no filing or other administrative costs for such a demand for arbitration will be due from either party to the arbitration provider.

(m) Speed. The parties will work in good faith with the arbitrator to complete each Batch within 120 calendar days of its initial pre-hearing conference. The parties agree that the Batch process is designed to achieve an overall faster, more efficient, and less costly mechanism for resolving Mass Filings.

• If, contrary to this provision, a party prematurely files an arbitration demand, the parties agree that the arbitration provider must hold those demands in abeyance.

(a) Substantially similar nature. All parties agree that arbitration demands are of a “substantially similar nature” if they relate to the same event or factual scenario, raise the same or similar legal issues and seek similar relief.

(b) Mass Filing Administration. Any party may request that the arbitration provider appoint a sole standing administrative arbitrator (“Administrative Arbitrator”) to determine threshold questions such as (1) whether the Batch process is applicable or enforceable, (2) whether particular demand(s) are part of a Mass Filing, and (3) whether demands within a Mass Filing were filed in accordance with this Arbitration Clause, including the ‘Informal Dispute Resolution First‘ section above.

• To expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree that the Administrative Arbitrator may provide and use any procedures necessary to resolve the dispute promptly. Waffle will pay the Administrative Arbitrator’s costs.
• This Batch Process provision will in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures, or authorizing class arbitration of any kind. Unless Waffle otherwise consents in writing, Waffle does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this ‘Batch Process‘ section.

12.6. Settlement. At least ten (10) calendar days before the date set for the arbitration hearing, you or Waffle may serve a written offer of judgment upon the other party to allow judgment on specified terms.

• If the offer is accepted, the offer with proof of acceptance will be submitted to the arbitration provider, who will enter judgment accordingly.
• If the offer is not accepted before the earlier of (i) the arbitration hearing or (ii) thirty (30) calendar days after it is made, it will be deemed withdrawn, and cannot serve as evidence in the arbitration.

1 If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party will not recover their post-offer costs and will pay the offering party’s costs from the time of the offer.

• The parties agree that any disputes with respect to settlement offer(s) or offer(s) of judgment in a Mass Filing are to be resolved by a single arbitrator to the extent such offers contain the same material terms. For arbitrations involving represented parties, the represented parties’ attorneys agree to communicate individual offer(s) of judgment to each and every arbitration claimant or respondent to whom such offers are extended.

12.7. Severability. Except as provided under ‘Class Action Waiver‘ above, if any provision of this Arbitration Clause is found to be illegal or unenforceable, then that provision will be severed. The remaining provisions will still apply and will be interpreted to achieve the closest possible intent to the original intent of this section, inclusive of the severed provision.

13. General Provisions

13.1. Additional Terms for Apps

(a) iOS App. This Section 13.2 (iOS App) applies to any App you acquire from the Apple App Store (such App, “iOS App”). These Terms are solely between you and Waffle, not Apple, Inc. (“Apple”), which has no responsibility for the iOS App or its content. Your use must comply with Apple’s then-current Apple Media Services Terms and Conditions and applicable Volume Content Terms. Apple provides no maintenance, support, or warranty obligations. If the iOS App fails to conform to any warranty, you may notify Apple for a refund of any purchase price; to the maximum extent permitted by law, this is Apple’s sole remedy, and Waffle governs all other claims arising from any warranty failure. Apple is not responsible for product liability claims, regulatory non-compliance, consumer protection claims, or third-party intellectual property infringement claims—Waffle assumes sole responsibility for investigating, defending, and resolving any infringement claims. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

(b) Android App. The following applies to any App you acquire from the Google Play Store (such App, “Android App”): (a) you acknowledge that these Terms are between you and Waffle only, and not Google LLC or any affiliate thereof (collectively, “Google”); (b) your access to and use of the Android App must comply with Google’s then-current Google Play Terms of Service; (c) Google is only a provider of the Google Play Store where you obtained the Android App; (d) Waffle, and not Google, is solely responsible for the Android App; (e) Google has no obligation or liability to you with respect to the Android App or these Terms; and (f) you understand and acknowledge that Google is a third-party beneficiary to these Terms as they relate to the Android App.

13.2. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior express written consent, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof will be null and void.

13.3. Entire Terms; Severability. These Terms, together with any amendments and any additional agreements you may enter into with us in connection with the Service, will constitute the entire agreement between you and us concerning the Service. Any statements or comments made between you and any of our employees or representatives are expressly excluded from these Terms and will not apply to you or us, or to your access to or use of the Service. Except as otherwise stated in the Arbitration Terms, if any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect.

13.4. No Waiver. No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or of any other term, and our failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.

13.5. California Residents. The provider of the Service is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting it in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.