United States and Canada: Terms & Conditions

This "Agreement" encompasses the terms binding you and Sparkling Bees, LLC. (dba Sparkling Bees), a California corporation or its relevant entity (Sparkling Bees). Utilization of services provided by the Company (including the website at https://sparklingbees.com/) and downloading, installing, or utilizing associated software designed to enable Service usage (the "Software") signifies your explicit recognition and consent to abide by this Agreement, along with any future amendments or additions found at https://sparklingbees.com/terms or through the Service.

The Company reserves the right to modify the terms, conditions, or policies associated with the Service or Software, effective upon posting an updated version on the Service or Software. You're responsible for regularly reviewing these changes, and continuing use after modifications implies your consent. For inquiries regarding our Terms and Conditions, reach out to us at [email protected].

THE COMPANY DOES NOT PROVIDE CLEANING SERVICES NOR ACT AS A CLEANING SERVICE PROVIDER. THIRD-PARTY CLEANING SERVICE PROVIDERS, SCHEDULED THROUGH THE SOFTWARE OR SERVICE, ARE RESPONSIBLE FOR RENDERING CLEANING SERVICES. WHILE THE COMPANY ENABLES ACCESS TO THIRD-PARTY CLEANING SERVICES, IT DOES NOT PROVIDE OR INTEND TO PROVIDE CLEANING SERVICES, NOR DOES IT ASSUME RESPONSIBILITY FOR SUCH SERVICES OFFERED BY THIRD PARTIES.

PLEASE CAREFULLY REVIEW THESE TERMS OF SERVICE AS THEY INCLUDE AN AGREEMENT TO RESOLVE DISPUTES THROUGH ARBITRATION AND OTHER IMPORTANT DETAILS REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND RESPONSIBILITIES. THE AGREEMENT TO ARBITRATE REQUIRES YOU TO SUBMIT ANY CLAIMS AGAINST US TO BINDING AND CONCLUSIVE ARBITRATION, SUBJECT TO LIMITED EXCEPTIONS. FURTHERMORE, (1) YOU CAN ONLY PURSUE CLAIMS AGAINST THE COMPANY INDIVIDUALLY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR LEGAL PROCEEDING, (2) RELIEF SOUGHT (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) CAN ONLY BE SOUGHT ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE YOUR CLAIMS AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

Payment Terms

All charges related to the Service or Software must be settled promptly after your cleaning session and are non-refundable. The Company retains the right to determine the prevailing pricing. Note that the pricing displayed on the website might not reflect the current rates.

The Company may offer different clients various promotional deals with varying features and rates. However, these promotions won't affect your existing contract unless they're explicitly aimed at you.

Cancellation within 24 hours of the scheduled start time may result in a full appointment fee in line with our Last Minute Cancellation Policy. Additionally, if your cleaner can't complete the cleaning due to a lockout at your residence, charges may apply. Detailed policies are outlined in our Help Center.

The Company reserves the right to modify our Service fees as required for smooth operations. For updates on service charges, regularly check our website.

Sparkling Bee Theft and Damage Policy

In cases of potential theft or damage during your cleaning service, contact your Service Provider first. As a Sparkling Bee customer, within 7 days of your requested service's completion, you can request the platform's assistance in mediating a resolution with the Service Provider.

To qualify for coverage under our Theft and Damage Policy, meet these criteria:

Full payment for the service must be made through the platform.

You must comply with the Terms of Service.

Report the claim within 7 days of the Service Provider finishing the requested service.

Your account must be in good standing with no outstanding balances.

You must have secured all valuables before the service starts.

The following instances are not covered by our Theft and Damage Policy:

Cleaning services not directly booked and paid for on the platform.

Lost or damaged items already recovered by the police or replaced by the cleaner.

Losses involving cash, third-party gift cards/vouchers, and securities.

Losses pertaining to fine arts, including paintings, etchings, photos, valuable rugs, sculptures, antiques, coins, stamps, collectibles, furs, jewelry, precious stones, precious metals, rare items, historical value.

Losses based on sentimental or undocumented intangible value.

Losses of pets, personal liability, or damage to common areas.

Losses arising from business interruption, market loss, income loss, or use loss.

Losses from pre-existing damages or conditions of items or property.

Losses for items retaining functionality (e.g., minor cosmetic damage, ordinary wear, and tear).

Losses connected to shipping costs, replacement item shipping, or taxes incurred.

Losses of theft without a valid police report when requested, and losses with insufficient documentation.

Losses arising from requester or Service Provider acts or omissions.

Losses stemming from third-party negligence or misconduct.

Losses related to prohibited products/services or uses by law.

Losses tied to services not explicitly booked through the platform.

If you fulfill coverage criteria and file a claim within 7 days of the incident, Sparkling Bee will mediate a resolution between you and the Service Provider. Once we receive both parties' information, we'll review documents and determine the Service Provider's refund based on fair market value estimates. We'll then assist with payment processing for either your claim cost or up to three times your cleaning cost, whichever is lower.

Most resolutions conclude within a week, though the process duration varies based on case severity, documentation quality, and requester-Service Provider cooperation.

For queries about our Theft and Damage Policy, contact us at [[email protected]].

Sparkling Bees: A Communications Platform

Sparkling Bees links those seeking cleaning services with providers but does not offer such services itself. We're not liable for user actions.

We Screen Our Providers

We perform background checks on providers through third-party services. However, we can't ensure provider reliability, quality, or suitability.

Use Caution with Providers

When dealing with providers, exercise caution and common sense for personal safety and property protection. Be vigilant as with any unfamiliar person.

By Using the Service, You Agree to Release Us from Liability

By using Sparkling Bees, you release us from any liability or damage stemming from provider interactions. We're not liable for user conduct, online or offline.

We're Not Responsible for Your Losses

We're not liable for claims, injuries, or damages linked to Service use, including losses from provider negligence or misconduct.

Contact Us for Problems

If you encounter provider issues, contact us promptly. We aim to resolve concerns effectively.

Thank you for Choosing Sparkling Bees!

We hope your platform experience is positive.

Representations and Warranties

By utilizing the Sparkling Bees Service or Software, you affirm and warrant the following:

You possess the legal entitlement to enter into this Agreement.

You are a minimum of 18 years old and possess the capability to engage in binding agreements.

You possess the rightful authorization, competence, and capacity to both enter into and uphold this Agreement's terms and conditions.

Your involvement in utilizing the Service and/or Software is exclusively for your individual, personal use.

You will not authorize others to utilize your user status, nor will you assign or transfer your user account to any other individual or entity.

You will adhere to all relevant laws of the country, state, and city in which you are present while employing the Software or Service.

You agree to:

Conduct yourself lawfully and responsibly while using the Service or Software.

Avoid using the Service or Software in a manner that could lead to annoyance, inconvenience, or nuisance.

Refrain from disrupting the proper operation of the network.

Refrain from causing harm to the Service or Software in any manner.

Seek written authorization from Sparkling Bees before copying or disseminating the Software or other content.

Use the Software and Service solely for your individual use, refraining from reselling it to any third party.

Maintain the confidentiality and security of your account password or any identification provided for Service access.

Supply Sparkling Bees with appropriate proof of identity as requested by Sparkling Bees.

Utilize an access point or data account only if you have proper authorization.

When utilizing SMS to request cleaning services, you agree to receive text messages from Sparkling Bees, acknowledging that your mobile network service provider may impose standard messaging charges.

By submitting contact numbers and other details to Sparkling Bees, you provide consent to: Receive contact at the number(s) supplied by Sparkling Bees, Sparkling Bee Professionals, and their partners via telephone call and/or text message. This includes calls or text messages facilitated by automatic telephone dialing systems or other automated technologies, even if you've opted out of such communications through the National Do Not Call Registry (or equivalent state registry) or the internal do-not-call list of Sparkling Bees or any other organization.

You maintain the ability to revoke calls or text messages at any time by emailing [email protected].

Sparkling Bees Communication Policy

At Sparkling Bees, we may utilize your phone number to facilitate communication among you, the Service Provider, and other relevant parties associated with your cleaning service. This involves sending you appointment reminders, text messages, and making phone calls.

If you wish to discontinue receiving text messages from Sparkling Bees, simply reply with the word "STOP" to any text message received from us. Alternatively, you can opt out via email by sending a message to [email protected] Moreover, if you prefer not to receive phone calls, you can opt out by reaching out to us at [email protected]

By opting in to receive optional communications from Sparkling Bees, you will receive messages related to your cleaning service, including reminders, updates, and status notifications. Furthermore, you may also receive promotional messages about other products and services offered by Sparkling Bees.

To facilitate communication between you and the Service Provider, Sparkling Bees may engage a service provider. When you call or send text messages to the provided phone number, Sparkling Bees and its service provider will gather and store call data, which includes call or text message timestamps, phone numbers of the involved parties, and text message contents.

Please note that Sparkling Bees may monitor and/or record both incoming and outgoing calls, text messages, and other communications conducted through the Service. This practice is implemented to ensure quality standards and to assist in resolving any potential disputes between you and the Service Provider.

By agreeing to these terms, you acknowledge and consent to Sparkling Bees' utilization and disclosure of your phone number and call data for legitimate business purposes.

If you have inquiries regarding our communication policy, please do not hesitate to contact us at [email protected].

License and Usage

The Company provides you with a limited, non-transferable, non-exclusive license to use the Software and Service for your personal, non-commercial purposes.

Limitations

You are prohibited from:

Commercially exploiting, licensing, sublicensing, selling, transferring, assigning, distributing, or engaging in any other form of commercial activity involving the Software or Service.

Altering or creating derivative works based on the Software or Service.

Establishing "links" to the Service or "framing" or "mirroring" the Software on any other server, wireless device, or internet-based platform.

Reverse engineering the Software.

Accessing the Software to develop a competitive product or service, or copying any concepts, features, functions, or visuals of the Service or Software.

Initiating automated programs or scripts such as web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses, or worms, or any program that excessively burdens or obstructs the functionality and operation of the Service or Software.

Personal Use Only

The Software and Service are intended solely for your personal, non-commercial usage. You are strictly prohibited from employing the Software or Service for commercial activities, including but not limited to:

Transmitting spam or other unsolicited messages.

Storing or sending infringing, threatening obscene, libelous, or otherwise unlawful or harmful content.

Storing or sending content containing malicious computer code, such as software viruses, worms, Trojan horses, or other harmful elements.

Disrupting or impairing the integrity or performance of the Software, Service, or the data within.

Attempting unauthorized access to the Software, Service, or connected systems or networks.

Ownership of Software and Service

The Software and Service, along with all associated intellectual property rights, are the exclusive property of the Company (and its licensors, where applicable). Should you provide suggestions, ideas, feedback, enhancement requests, recommendations, or any other information related to the Software or Service, you hereby transfer all rights, titles, and interests to the Company. It's important to clarify that this Agreement does not constitute a sale and does not confer ownership or intellectual property rights in the Software, Service, or any intellectual property owned by the Company. Trademarks associated with the Company's name, logo, and product names in connection with the Software and Service are trademarks owned by the Company or third parties, and no permission or license is granted for their utilization.

Privacy and DMCA

For a comprehensive understanding of how the Company collects and utilizes personal information, please visit www.sparklingbees.com/privacy. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides a mechanism for copyright holders who believe that content accessible through the Internet infringes their copyrights under U.S. copyright law. If you hold a good-faith belief that any content linked to the Service or Software infringes your copyright, you (or your representative) may submit a notice to the Company requesting content removal or access restriction. These notices and counter-notices must adhere to the prevailing statutory requirements of the DMCA (details available at http://www.loc.gov/copyright). Concerning the Service or Software, please direct notices and counter-notices to the Company at:

By Mail: Sparkling Bee LLC.

570 Jessie St, Unit 74 San Francisco, CA 94103

By Email: [email protected]

Interactions with Third Parties

During your use of the Service and Software, you may engage with third-party service providers, advertisers, or sponsors. Please note that any dealings, purchases, transactions, or promotions between you and a third party are solely your responsibility. The Company and its licensors bear no liability for such interactions.

Links to external websites provided through the Service or Software are not endorsed by the Company. The Company and its licensors assume no responsibility for the content, products, services, or any other materials offered on or through such sites or by third-party providers.

You access the Software and Service based on the terms and conditions outlined in this Agreement. It's important to acknowledge that specific third-party providers of goods and services may require you to accept additional or distinct terms and conditions before using or accessing their offerings. The Company disclaims any accountability or liability stemming from agreements you enter into with third-party providers.

To subsidize the Software and Service, the Company may use third-party advertising and marketing. By accepting these terms and conditions, you consent to receive such advertising and marketing materials. If you prefer not to receive such communications, you should notify us in writing.

The Company reserves the right to compile and release anonymous information about you and your use of the Software and Service as part of aggregated customer profiles, reports, or analyses.

You acknowledge that it is your responsibility to exercise reasonable caution during interactions and engagements with any third party you encounter through the Service.

Indemnity

By utilizing the Service or Software, you acknowledge and agree to indemnify and safeguard the Company, its licensors, and their respective affiliates, subsidiaries, officers, directors, employees, agents, and representatives against any and all claims, losses, damages, liabilities, and expenditures (including reasonable legal fees) arising due to or in connection with:

Your breach of this Agreement or any relevant law or regulation. Your infringement of any rights of any third party, including those who provide cleaning services arranged via the Service or Software.

Your proper or improper use of the Software or Service.

Termination

The Company reserves the right to terminate your access to the Software or Service at any time, for any reason, including if the Company deems that you have breached this Agreement or engaged in inappropriate behavior. The Company will make genuine efforts to communicate with you before taking such action to terminate your account. Residents of New Jersey

For those residing in New Jersey, the above wording within this section (Indemnity) is designed to be as inclusive as permitted by New Jersey law. If any segment of this section is determined to be unenforceable according to New Jersey law, the nullification of such segment will not compromise the enforceability of the remaining portions of this section.

Warranty Disclaimer

The Company cannot assure, warrant, or guarantee the reliability, timeliness, quality, suitability, availability, accuracy, or comprehensiveness of the Service or Software. It is important to understand that the Company does not claim or ensure that (a) the use of the Service or Software will be secure, timely, uninterrupted, or error-free, or that it will work seamlessly with other hardware, software, systems, or data, (b) the Service or Software (including any cleaning services) will meet your specific needs or expectations, (c) any stored data will be precise or dependable, (d) the quality of any products, services, information, or materials obtained through the Service (including any cleaning services) will meet your requirements or expectations, (e) errors or glitches in the Service or Software will be rectified, or (f) the Service or the server(s) hosting the Service will be free from viruses or harmful components. Your utilization of the Service and Software is based solely on an "as-is" foundation. All conditions, representations, and warranties, whether direct, indirect, statutory, or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a specific purpose, or non-infringement of third-party rights, are categorically disclaimed to the maximum extent permissible by applicable law by the Company. The Company does not assert, warrant, or guarantee the reliability, safety, timeliness, quality, suitability, or availability of any services, products, or goods acquired from third parties through the use of the Service or Software. You recognize and agree that the entire responsibility arising from your utilization of the Software and Service, as well as any third-party services or products, lies solely with you, to the greatest extent authorized by law.

For New Jersey residents, the phrasing in this section (Warranty Disclaimer) is intended to be as comprehensive as New Jersey law allows. If any component of this section is regarded as invalid according to New Jersey law, the nullification of such component shall not impact the legality of the remaining portions of this section.

Network Delays

Due to the nature of internet usage, telecommunications networks, and electronic communications, the Service and Software provided by the Company may encounter inherent constraints, delays, and similar obstacles. Please understand that the Company cannot be held liable for any disruptions, delivery issues, or resulting damages stemming from such inherent challenges.

Limitation of Liability

The Company's liability to you is limited to the amount of money you have paid to the Company in the last 6 months. The Company and its licensors will not be liable for any indirect, punitive, special, exemplary, incidental, consequential, or other damages of any kind (including personal injury, loss of data, revenue, profits, use, or other economic advantage), arising out of or in any way connected with the Service or Software, even if the Company or its licensors have been advised of the possibility of such damages.

In other words, the Company will not be liable for any losses or damages that are not directly caused by the Service or Software. For example, if you lose money because you rely on inaccurate information on the Service or Software, the Company is not liable for your losses.

The Company is also not liable for the acts or omissions of any third-party service providers, advertisers, or sponsors. For example, if you are injured by a cleaning service provider that you found through the Service, the Company is not liable for your injuries.

By using the Service or Software, you agree to release and hold harmless the Company and its licensors from any and all claims, demands, and causes of action arising out of or in any way related to your use of the Service or Software.

If you are a resident of New Jersey, the above limitation of liability is intended to be only as broad and inclusive as is permitted under New Jersey law. If any portion of this section is held to be invalid under New Jersey law, the invalidity of such portion shall not affect the validity of the remaining portions of this section.

The responsibility for the caliber of the cleaning services organized through the utilization of the Service or Software ultimately rests with the third-party provider who delivers such cleaning services to you. It is important to comprehend, therefore, that your use of the Software and the Service may potentially expose you to cleaning services that could be hazardous, offensive, harmful to minors, unsafe, or otherwise objectionable. You are aware that the use of the Software, the Service, and such third-party cleaning services comes with inherent risks, and you proceed at your own peril.

Nothing presented on this website constitutes, nor is intended to be construed as, any form of advice. Should you require advice related to legal, financial, or medical matters, it is advisable to consult an appropriate professional.

By making use of the Service or Software, you hereby acknowledge that the exclusions and limitations of liability outlined in this Agreement are reasonable. If you find these provisions to be unreasonable, you must abstain from using the Service or Software.

In the event that you reside in the state of New Jersey, the language provided in this section (Limitations of Liability) is meant to align with the breadth and inclusiveness allowed under New Jersey law. Should any aspect of this section be deemed invalid according to New Jersey law, such invalidity shall not impede the validity of the remaining components of this section.

Applicable Jurisdiction and Governing Law

This Agreement will be construed in line with the regulations of the State of California and the United States of America, irrespective of its conflicts-of-law provisions. Both you and the Company agree to abide by the jurisdiction of a state court located in Los Angeles, California, or a United States District Court, Central District of California located in Los Angeles, California, for any actions in which the parties maintain the right to pursue injunctive or other equitable remedies in a court with appropriate jurisdiction to prevent the actual or potential infringement, misappropriation, or violation of a party's trade secrets, patents, trademarks, copyrights, or other intellectual property rights, as laid out in the Dispute Resolution section below.

Resolution of Disputes through Mandatory Arbitration

PLEASE REVIEW THIS SECTION CAREFULLY, AS IT IMPACTS YOUR LEGAL RIGHTS.

INITIAL INFORMAL DISCUSSIONS. In an effort to facilitate swift and cost-effective resolution of any disagreement, dispute, or claim stemming from this Agreement ("Dispute"), you and the Company hereby commit to initially engage in informal negotiations for a minimum period of thirty (30) days prior to initiating any arbitration or legal proceedings regarding such Dispute, except for those Disputes explicitly exempted as outlined below. Such informal discussions shall commence upon the issuance of written notice, as specified above.

COMPULSORY ARBITRATION. In the event that informal discussions fail to resolve a Dispute between you and the Company, all claims arising from your utilization of the Service or Software (except those Disputes expressly excluded below) shall be conclusively and exclusively resolved through binding arbitration. The choice to arbitrate by one party shall be irrevocable and legally binding upon the other party. YOU ACKNOWLEDGE THAT BY UTILIZING THE SOFTWARE OR SERVICE AND CONSENTING TO THESE TERMS AND CONDITIONS, BOTH YOU AND THE COMPANY ARE WAIVING THE RIGHT TO LITIGATE IN COURT, TO A JURY TRIAL, AND TO PARTICIPATE IN A CLASS-ACTION LAWSUIT. Your rights will be determined by an impartial arbitrator, not by a judge or jury. The Federal Arbitration Act shall govern the interpretation and enforcement of this Arbitration Agreement.

Arbitration Process and Guidelines

Arbitration proceedings will be initiated and carried out in accordance with the Commercial Arbitration Rules ("AAA Rules") of the American Arbitration Association ("AAA"). Additionally, where applicable, the AAA's Supplementary Procedures for Consumer-Related Disputes ("AAA Consumer Rules") will be adhered to. Detailed information about these rules is accessible on the AAA website at www.adr.org. Your arbitration expenses and your portion of arbitrator compensation will be governed by the AAA Rules (and may be subject to the restrictions of the AAA Consumer Rules, if relevant).

For claims seeking damages under $10,000, the Company will cover all such expenses, unless the arbitrator determines that your claim or the remedies sought in your Arbitration Demand were without merit or were initiated for an inappropriate purpose (as judged by the criteria established in Federal Rule of Civil Procedure 11(b)). The arbitration procedure can be carried out in person, through the submission of documents, via phone, remote online, or by video. The arbitrator will render a written decision, though a statement of reasons is not obligatory unless requested by one of the parties. The arbitrator is obligated to follow applicable laws, and any award can be contested if the arbitrator fails to do so.

With the exception of the stipulations in this Agreement, both you and the Company retain the right to seek legal action to compel arbitration, halt proceedings pending arbitration, or to affirm, modify, revoke, or record the decision provided by the arbitrator through litigation in a court.

Exceptions to Alternative Dispute Resolution Process

Both parties retain the right to initiate an individual action in a small claims court or to pursue injunctive or other equitable remedies on an individual basis in a federal or state court situated in Santa Clara County, California. This applies to any dispute related to the real or potential infringement, misappropriation, or violation of a party's intellectual property or proprietary rights.

Waiver of Class Action Participation

You and the Company hereby agree that any arbitration process will be restricted to the specific Dispute involving the Company and you as individuals. YOU ACKNOWLEDGE AND CONSENT THAT BOTH YOU AND THE COMPANY ARE WAIVING YOUR RIGHT TO PARTICIPATE AS PLAINTIFFS OR CLASS MEMBERS IN ANY PRESUMED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Additionally, unless you and the Company mutually decide otherwise, the arbitrator may not amalgamate the claims of multiple individuals and may not preside over any class or representative proceeding in any manner. Should this particular paragraph be deemed unenforceable, the entirety of this "Dispute Resolution" Section will become void. The arbitrator can provide relief (including monetary, injunctive, and declaratory relief) solely in favor of the individual party seeking such relief and only to the extent required to address the claims made by that individual party. However, you may pursue a claim for, and the arbitrator may grant, public injunctive relief as mandated by applicable law, solely to ensure the enforceability of this provision.

Arbitration Location

Arbitration proceedings will be held in Santa Clara County, California, unless both You and the Company mutually agree otherwise. You and the Company acknowledge that for any Dispute not subject to arbitration (excluding claims proceeding in any small claims court), or in cases where no election to arbitrate has been made, the California state and Federal courts located in Santa Clara, California, shall possess exclusive jurisdiction. Furthermore, you and the Company consent to the personal jurisdiction of such courts.

Confidentiality

All facets of the arbitration process, including any rulings, decisions, or awards from the arbitrator, will remain strictly confidential, benefiting all parties involved.

Severability

If any court or arbitrator determines that any portion of this Dispute Resolution by Binding Arbitration provision (except the subsection titled “Waiver of Right to be a Plaintiff or Class Member in a Purported Class Action or Representative Proceeding”) is unenforceable or invalid, the parties agree to substitute such term or provision with a valid and enforceable term or provision that most closely aligns with the intent of the original unenforceable term or provision. This Dispute Resolution by Binding Arbitration provision will remain enforceable as so modified. If any court or arbitrator concludes that any of the provisions within the subsection titled “Waiver of Right to be a Plaintiff or Class Member in a Purported Class Action or Representative Proceeding” are unenforceable or invalid, the entirety of this Dispute Resolution by Binding Arbitration will be void, unless such provisions are deemed unenforceable or invalid solely concerning claims for public injunctive relief.

Future Changes to Arbitration Agreement

Despite any contrary provision in these Terms of Service, the Company acknowledges that if it makes any future amendments to this Arbitration Agreement (excluding changes to the Notice Address) while you are a Service user, you have the right to reject any such changes by sending written notice to the Company within thirty (30) calendar days of the change, using the Notice Address provided above. By rejecting any future changes, you agree to arbitrate any disputes between us as per the terms of this Arbitration Agreement as of the date you initially accepted these Terms of Service (or any subsequent changes to these Terms of Service).

Applicable Law

You and the Company concur that, except as outlined in the section captioned "Waiver of Right to Participate in Class Action or Representative Proceeding" above, if any part of the segment labeled "Resolution of Disputes" is found unlawful or unenforceable, that part will be excised and the remaining section will remain fully effective. Despite this, if the subsection titled "Exceptions to Alternative Dispute Resolution" is deemed unlawful or unenforceable, neither you nor the Company will opt for arbitration for any Dispute encompassed within that section. Instead, such Dispute will be adjudicated by a court of competent jurisdiction within Santa Clara, California, and both you and the Company consent to the personal jurisdiction of that court.

Unless explicitly stipulated otherwise, the laws of the State of California, irrespective of choice of law principles, will govern and construe this Agreement.

Transfer

You may not transfer this Agreement without prior written consent from the Company. However, the Company retains the right to transfer this Agreement without requiring your approval to (i) a parent or subsidiary, (ii) an entity acquiring assets, or (iii) any other successor or acquirer. Any purported transfer that breaches this section will be deemed null and void.

General

This Agreement does not establish a joint venture, partnership, employment, or agency relationship between you, the Company, or any third-party provider. If any term of this Agreement is deemed invalid or unenforceable, it will be removed and the remaining provisions will be upheld to the maximum extent allowed by law. The Company's failure to enforce any right or provision within this Agreement does not constitute a waiver unless acknowledged and consented to in writing by the Company. This Agreement constitutes the complete agreement between you and the Company, superseding any earlier discussions, negotiations, or agreements, whether oral or written, regarding the subject matter contained herein.

Involvement of Third Parties

You understand that, being a corporate entity, the Company has a vested interest in mitigating personal liability for its officers and employees. Thus, you agree not to individually file any claims against the Company's officers or employees for any losses you may incur concerning the Service or Software. While upholding this principle, you acknowledge that the warranty and liability limitations outlined in this Agreement extend protection to the Company's officers, employees, agents, subsidiaries, successors, assigns, sub-contractors, and the Company itself.

Breach of These Terms

While reserving all other rights stipulated in these terms, in the event of any violation of these terms and conditions, the Company holds the right to take appropriate action to address the breach. Such actions may include suspending your access to the Service or Software, barring your usage of the Service or Software, preventing computers with your IP address from accessing the Service or Software, requesting your internet service provider to block your access to the Service or Software, and/or pursuing legal action against you.