These Terms of Service (this “Agreement”) are a binding contract between you ("Customer") and Silicon Geek Co., Limited ("Owlfy", "we", "us", or "our"). This Agreement governs your access to and use of the Services.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND A CLASS ACTION/JURY TRIAL WAIVER THAT REQUIRE, UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS IN SECTION 11(B), THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTION OR PROCEEDING.

THIS AGREEMENT TAKES EFFECT WHEN YOU CLICK THE “I ACCEPT” BUTTON BELOW OR BY ACCESSING OR USING THE SERVICES (THE “EFFECTIVE DATE”). BY CLICKING ON THE “I ACCEPT” BUTTON BELOW OR BY ACCESSING OR USING THE SERVICES YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND, IF ENTERING INTO THIS AGREEMENT FOR AN ORGANIZATION, THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT ORGANIZATION; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE SELECT THE “I DECLINE” BUTTON BELOW OR DO NOT ACCESS OR USE THE SERVICES. IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

1. Definitions

“Aggregated Statistics” means data and information related to Customer’s use of the Services to be used by Owlfy in an aggregated and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services.
“Arbitration Agreement” means the mandatory individual arbitration provision in Section 11(b).
“Authorized User” means Customer’s employees, consultants, contractors, and agents (i) who are authorized by Customer to access and use the Services under the rights granted to Customer pursuant to this Agreement and (ii) for whom access to the Services has been purchased hereunder, in each case, limited to that certain number of users set out by that certain pricing plan selected by the Customer.
“Class Action/Jury Trial Waiver” means the class action/jury trial waiver provision in Section 11(c).
“Confidential Information” means information about either party’s business affairs, products, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, whether orally or in written, electronic, or other form or media/in written or electronic form or media, whether or not marked, designated, or otherwise identified as “confidential” at the time of disclosure. Confidential Information does not include information that, at the time of disclosure is: (a) in the public domain; (b) known to the receiving party; (c) rightfully obtained by the receiving party on a non-confidential basis from a third party; or (d) independently developed by the receiving party.
“Customer,” “you,” or “your” means you and your Authorized Users.
“Customer Account” means your account on the Services.
“Customer Property” means (i) the Input, (ii) the Output, and (iii) any other content (including text, images, illustrations, charts, tables, and other materials), materials or data supplied by Customer to Owlfy, either directly through the Service or indirectly through the integration with a Third Party Product, for processing on Customer’s behalf.
“Documentation” means Owlfy’s user manuals, handbooks, guides, FAQs, instructional videos, relating to the Services provided by Owlfy to Customer electronically and relating to the Services available at www.owlfy.ai.
“Feedback” means any communications or materials sent to us by mail, email, telephone, or otherwise, suggesting or recommending changes to the Services, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, ideas, or the like, about the Services.
“Input” means the information you input via prompts into the Services to which you own or have permission to use the Intellectual Property Rights therein. For the avoidance of doubt, Input shall not be deemed to include any Owlfy Property.
“Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
“Output” means the output generated and returned by the Services to you based on the Input. For the avoidance of doubt, the Output shall not be deemed to include any Owlfy Property.
“Owlfy Property” means (i) the Services, (ii) the Documentation, and (iii) all content and other materials and software supplied by Owlfy in connection with, or used by Owlfy in providing, any Services. For the avoidance of doubt, Owlfy Property shall not be deemed to include the Output. For the avoidance of doubt, Owlfy Property includes Aggregated Statistics and any information, data, or other content derived from Owlfy’s monitoring of your access to or use of the Services, but does not include Customer Property.
“Privacy Policy” means privacy policy maintained by Owlfy, which may be amended, modified or revised from time to time.
“Services” means the online and/or mobile services, web site, and software provided on or in connection with the service provided by Owlfy under this Agreement and as detailed on Owlfy’s website at www.owlfy.ai.
“Term” means the term of this Agreement, which will commence on the Effective Date and continue for the period of Customer's active subscription to the Services.
“Third-Party Products” means any products, content, services, information, websites, or other materials that are owned by third parties and are incorporated into or accessible through the Services.
“User” or “Users” means all visitors, users, and others who access the Services.
“User Accounts” means different types of accounts for different types of Users.

2. Access and Use

a. Eligibility

This is a contract between you and Owlfy. You must read and agree to this Agreement before using the Services. If you do not agree, you may not use the Services. You may use the Services only if you can form a binding contract with Owlfy, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Services by anyone under the age of majority in your jurisdiction is strictly prohibited and in violation of this Agreement. The Services are not available to any Users previously removed from the Services by Owlfy.

b. Provision of Access

Subject to and conditioned on your payment of Fees and compliance with all the terms and conditions of this Agreement, Owlfy hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited right to access and use the Services during the Term solely for your internal business operations by Authorized Users in accordance with the terms and conditions herein. Owlfy shall provide you the necessary passwords and access credentials to allow you to access the Services.

c. Documentation License

Subject to the terms and conditions contained in this Agreement, Owlfy hereby grants you a non-exclusive, non-sublicensable, non-transferable license for Authorized Users to use the Documentation during the Term solely for your internal business purposes in connection with use of the Services.

d. Accounts

Your Customer Account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. If you open a Customer Account on behalf of a company, organization, or other entity, then the term “you” includes you and that entity. By connecting to Owlfy with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.

You may never use other Users’ User Accounts without permission. When creating your Customer Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your Customer Account, and you must keep your Customer Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Customer Account. You must notify Owlfy immediately of any breach of security or unauthorized use of your Customer Account. Owlfy will not be liable for any losses caused by any unauthorized use of your Customer Account.

You may control your Customer Account profile and how you interact with the Services by changing the settings in your settings page. By providing Owlfy your email address you consent to our using the email address to send you Services-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Services and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

e. Use Restrictions

You shall not, and shall not permit any Authorized Users to engage in any of the following prohibited activities: (i) copying, distributing, selling, reselling, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to Owlfy’s servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Owlfy grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) uploading invalid data, viruses, worms, or other software agents through the Services; (vi) collecting or harvesting any personally identifiable information or other personal information, including account names, from the Services; (vii) using the Services for any unlawful commercial solicitation purposes; (viii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (ix) interfering with the proper working of the Services; (x) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; or (xi) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.

f. Aggregated Statistics

Notwithstanding anything to the contrary in this Agreement, Owlfy may monitor Customer’s use of the Services and collect and compile Aggregated Statistics. As between Owlfy and Customer, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Owlfy. You acknowledge that Owlfy may compile Aggregated Statistics based on Customer Property input into the Services. You agree that Owlfy may (i) make Aggregated Statistics publicly available in compliance with applicable law, and (ii) use Aggregated Statistics to the extent and in the manner permitted under applicable law; provided that such Aggregated Statistics do not identify Customer or Customer’s Confidential Information.

g. Reservation of Rights

Owlfy reserves all rights not expressly granted to Customer in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to Customer or any third party, any intellectual property rights or other right, title, or interest in or to the Owlfy Property.

h. Suspension

Notwithstanding anything to the contrary herein, Owlfy may, in its sole discretion and without notice, temporarily suspend or permanently terminate Customer’s and any other Authorized User’s access to any portion or all of the Services for no reason or any reason whatsoever.

i. Changes to the Services

We may, without prior notice, in our sole discretion change the Services; stop providing the Services or features of the Services, to you or to Users generally; or create, or amend, modify or revise any, usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for no reason or any reason whatsoever. Upon termination for any reason or any reason whatsoever, you continue to be bound by this Agreement.

j. Processing of Personal Data

The Parties acknowledge that use of the Service does not require Owlfy to process any information relating to an identified or identifiable natural person that relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular natural person ("Personal Data") on behalf of Customer. In other words, Customer acknowledges that it does not need to provide Input that contains Personal Data in order to make effective use of the Services.

k. In-Product Cookies

Whenever Customers or Users interact with the Services, Owlfy uses cookies to collect information to ensure Customers and Users can securely, quickly and reliably use the Services. When Owlfy collects this information, it only uses this data to (i) provide the Services, or (ii) in aggregate form, and not in a manner that would identify the Customers or Users personally.

3. Intellectual Property Rights

a. Customer Property

We claim no ownership rights over Customer Property. The Customer Property remains yours.

Owlfy has the right (but not the obligation) in its sole discretion to remove any Customer Property that is processed via the Services. By submitting, posting, displaying, providing, or otherwise making available any Customer Property on or through the Services, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Owlfy a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Customer Property and your name, voice, and/or likeness as contained in your Customer Property, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with (a) providing, maintaining, and improving the Services, (b) modifying, improving, and enhancing artificial intelligence models, and (c) promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. Additionally, for the Term, you grant Owlfy a non-exclusive, irrevocable license to use Customer’s name, trademarks and logos to identify Customer as a subscriber of the Services. For users located in the European Union or United Kingdom, you may have the right to object to the use of your Customer Property for the purpose of improving artificial intelligence models.

In connection with your Customer Property, you affirm, represent, warrant and covenant the following: (i) You are the owner of any and all legal interests, rights and titles to your Customer Property, or are otherwise authorized by its legal owner to use your Customer Property in connection with the Services; (ii) You have the written consent of each and every identifiable natural person in the Customer Property, if any, to use such person’s name or likeness in the manner contemplated by the Services and this Agreement, and each such person has released you from any liability that may arise in relation to such use; (iii) You have obtained and are solely responsible for obtaining all consents as may be required by law to submit any Customer Property relating to third parties; (iv) Your Customer Property and Owlfy’s use thereof as contemplated by this Agreement and the Services will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights; and (v) Owlfy may exercise the rights to your Customer Property granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

You hereby acknowledge that Owlfy takes no responsibility and assumes no liability for any Customer Property that you or any other User or third-party posts, sends, or otherwise makes available over the Services. You shall be solely responsible for your Customer Property and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Services, and you agree that we are only acting as a passive conduit for your online distribution and publication of your Customer Property. You understand and agree that you may be exposed to Customer Property that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Owlfy shall not be liable for any damages you allege to incur as a result of or relating to any Customer Property.

b. Owlfy Property

Owlfy Property and all Intellectual Property Rights related thereto are the exclusive property of Owlfy and its licensors (including other Users who post content to the Services). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Owlfy Property. Use of the Owlfy Property for any purpose not expressly permitted by this Agreement is strictly prohibited. In furtherance of the foregoing, you hereby unconditionally and irrevocably grant to Owlfy an assignment of all right, title, and interest in and to the Aggregated Statistics, including all Intellectual Property Rights relating thereto.

You may choose to or we may invite you to submit Feedback. By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Owlfy under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Owlfy does not waive any rights to use similar or related ideas previously known to Owlfy, or developed by its employees, or obtained from sources other than you. If you or any of your employees, contractors, or agents sends or transmits Feedback, we are free to use such Feedback irrespective of any other obligation or limitation between you and us governing such Feedback. All Feedback is and will be treated as non-confidential. You hereby assign to us on your behalf, and shall cause your Authorized Users to assign, all right, title, and interest in, and we are free to use, without any attribution or compensation to you or any third party, any ideas, know-how, concepts, techniques, or other Intellectual Property Rights contained in the Feedback, for any purpose whatsoever.

c. DMCA Notice

Since we respect artist and content owner rights, it is Owlfy’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please notify Owlfy’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing: 1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner; 2. Identification of the copyrighted work that you claim has been infringed; 3. Identification of the material that is claimed to be infringing and where it is located on the Services; 4. Information reasonably sufficient to permit Owlfy to contact you, such as your address, telephone number, and, e-mail address; 5. 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 6. 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 the following DMCA Agent:
Attn: Support Team
Email: support@owlfy.ai

UNDER 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.

4. Customer Responsibilities

a. Account Use

You are responsible and liable for all uses of the Services and Documentation resulting from access provided by you, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement. Without limiting the generality of the foregoing, you are responsible for all acts and omissions of Authorized Users, and any act or omission by an Authorized User that would constitute a breach of this Agreement if taken by you will be deemed a breach of this Agreement by you.

b. Passwords and Access Credentials

You are responsible for keeping your passwords and access credentials associated with the Services confidential. You will not sell or transfer them to any other person or entity. You will promptly notify us about any unauthorized access to your passwords or access credentials.

c. Third-Party Products

The Services may permit access to Third-Party Products. For purposes of this Agreement, such Third-Party Products are subject to their own terms and conditions presented to you for acceptance within the Services by website link or otherwise. If you do not agree to abide by the applicable terms for any such Third-Party Products, then you should not install, access, or use such Third-Party Products. Owlfy does not endorse or assume any responsibility for any such Third-Party Products. If you access a Third-Party Product from the Services or share your Customer Property on or through any third-party website or service, you do so at your own risk. You expressly relieve Owlfy from any and all liability arising from your use of any Third-Party Products, including without limitation Customer Property submitted by other Users.

5. Fees and Payment

a. Policies

The Services may be free, or we may charge a fee for using the Services. If you are using a free version of the Services, we will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services. If you elect to use paid aspects of the Services, you agree to our Pricing and Payment Terms available at www.owlfy.ai/pricing, as we may update them from time to time.

b. Paid Services

Certain of our Services may be subject to payments now or in the future (the “Paid Services”). Please see our website for a description of the current Paid Services. Please note that any payment terms presented to you in the process of using or signing up for Paid Services are deemed part of this Agreement.

c. Billing

If you wish to purchase Paid Services (the “Purchase”), you may be asked to supply certain information relevant to your Purchase, including, without limitation, your credit card number, the expiration date of your credit card, and your billing address. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and (ii) the information you supply to us is true, correct, and complete.

We may use third-party payment processors (the “Payment Processors”) to bill you through a payment account linked to your account on the Services (your “Billing Account”). The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processors in addition to this Agreement.

d. Payment Method

The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processors, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.

e. Recurring Billing

Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you (“Subscription(s)”). By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD.

f. Current Information Required

YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.

h. Auto-Renewal for Paid Services

To the extent applicable, unless you opt out of auto-renewal, any Paid Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the Subscription term originally selected, at the then-current non-promotional rate.

i. Satisfaction Guarantee Policy

Notwithstanding the foregoing, you may terminate any Paid Services within fourteen (14) days commencing on the date of Subscription. Upon your election to terminate such Paid Services, your Subscription will terminate with immediate effect. Full subscription fee paid to you in connection with such Paid Services less a processing fee equal to five percent (5%) of subscription fee will be refunded to your Billing Account.

6. Confidential Information

From time to time, Owlfy and Customer may disclose or make available to the other party Confidential Information. The receiving party shall not disclose the disclosing party’s Confidential Information to any person or entity, except to the receiving party’s employees who have a need to know the Confidential Information for the receiving party to exercise its rights or perform its obligations hereunder.

Owlfy cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

7. Privacy Policy

Owlfy uses Customer Property, including Input and Output, to provide, maintain, and improve the Services, including for the purpose of developing and enhancing Owlfy’s artificial intelligence models. For more information about how Owlfy uses your data, please review our Privacy Policy.

8. Warranty Disclaimer

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

9. Indemnification

Customer shall defend, indemnify and hold harmless Owlfy and its subsidiaries from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Customer or Customer’s Authorized Users’ use of and access to the Services; (ii) violation of any term of this Agreement; (iii) violation of any third-party right; (iv) violation of any law; (v) Customer Property; (vi) Customer’s willful misconduct.

10. Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Owlfy BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER Owlfy WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.

11. Governing Law and Arbitration

This Agreement shall be governed by the internal substantive laws of the State of Delaware. Any dispute, controversy, or claim between you and Owlfy shall be settled by binding arbitration in Delaware.

CLASS ACTION/JURY TRIAL WAIVER: ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING.

12. For Users in the EU or UK

If you are located in the European Union or United Kingdom, you may have the right to object to the use of your Customer Property for the purpose of improving the artificial intelligence models. To exercise this right, submit a request by contacting support@owlfy.ai.

13. Miscellaneous

a. Entire Agreement/Severability: This Agreement constitutes the entire agreement between you and Owlfy concerning the Services.

b. Modifications: We have the right, in our sole discretion, to modify this Agreement from time to time. Modified terms become effective on posting.

c. Export Regulation: You shall comply with all applicable US export control laws.

d. Notices: All notices to Owlfy must be sent to our corporate headquarters in Singapore.