Digital Agua, Inc. d/b/a Figurosity is a company existing and organized under the laws of the state of California, in the United States. Hereafter, Digital Agua shall be referred to as Figurosity, we, us, or any similar expression. This website and its content (Content) are intended for use and access by customers of figurosity.com and related sites (Site) whereby customers can create and post digital designs that can be customized, downloaded, and incorporated into customer content (collectively, with all other services accessible through the Site, the Services). Hereafter a customer may be referred to as you, your, or user etc.

By creating an Account, you hereby indicate your complete and unconditional acceptance of all the terms and conditions herein. This Agreement constitutes the complete agreement between you and Figurosity with regard to your access, download, and/or use of Content except in the case where you have a version of these Terms of Service signed by both parties, in which case the signed agreement will supersede these terms. Except for any signed agreement between you and us, these Terms of Service supersedes and replaces any other terms that was or will be presented at the time of access. If you do not agree to these Terms of Service, do not create an Account.

1. PURPOSE AND SCOPE

1.1 These Terms of Service apply to your use of the Site and/or the Services and Content available therein and shall govern the contractual relations between you and us.

1.2 Furthermore, these Terms of Service apply to any update or supplement to the Site and/or the Services, unless they come with separate terms, in which case those terms shall apply. If any open-source software is included in the Site, the terms of an open-source license may override some of the terms of these Terms of Service.

1.3 Personally identifying information is subject to our Privacy Policy published at the Site, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.

1.4 Certain features of the Services or Site may be subject to additional guidelines, terms, or rules, which will be posted at the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms of Service.

1.5 YOU MAY ONLY USE THE SITE AND/OR SERVICES IF YOU HAVE THE AUTHORITY AND LEGAL CAPACITY TO ENTER INTO AN AGREEMENT CONCLUDED BETWEEN YOU AND US UNDER THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, DO NOT ACCESS OR USE THE SITE AND/OR ANY OF THE SERVICES.

2. REGISTRATION AND SUBSCRIPTIONS

2.1 To be able to access and use the functions of the Site and the Services e.g., to create, upload, modify, download or display Content etc., you will need to create and login to your Account.

2.2 Before the first use of the Services, you will be required to register and create an account (Account) by supplying information some of the data requested may be voluntary or optional as prompted at the Site. You must choose an email address at which we can contact you and link actions from other people to you.

2.3 You are responsible for keeping your password confidential. This means, that you should not give it to anyone else, should not permit or enable third parties to gain access to it and that you shall take the necessary steps to guarantee its confidentiality and security. If your password is lost or misused or if you suspect that they have been lost or misused, you must notify us immediately via our email to support@figurosity.com. You will be responsible for any and all activities that occur under your account.

2.4 We may offer a number of subscription plans, including special promotional plans or subscriptions with differing conditions and limitations. The terms of your subscription will be disclosed at the time you sign up or in other communications to you. You can find specific details regarding your subscription within your Account profile. We reserve the right to modify, terminate or otherwise amend our subscription plans at any time, in our sole and absolute discretion.

2.5 Certain Services may require a paid subscription (the Paid Services). Depending on the offer communicated to you, the Paid Services may be subject to one-time fee (One-time Fee) or subscription payment for a subscription period (Paid Subscription). The One-time Fee and Paid Subscription collectively may be referred to as the Fee). PAID SUBSCRIPTIONS WILL RENEW AUTOMATICALLY UNTIL YOU CANCEL THEM. PAID SUBSCRIPTION PRICES MAY CHANGE AND WILL RENEW AT THE THEN-APPLICABLE SUBSCRIPTION COST. IN ORDER TO AVOID BILLING FOR A RENEWED SUBSCRIPTION TERM, YOU MUST CANCEL PAID SERVICES OR DOWNGRADE THE PAID SUBSCRIPTION BEFORE LAPSE OF THE APPLICABLE SUBSCRIPTION TERM. YOU MAY DOWNGRADE FROM A PAID SUBSCRIPTION TO OTHER PAID SUBSCRIPTION OR TO A FREE SUBSCRIPTION AT ANY TIME AND SUCH DOWNGRADE SHALL TAKE EFFECT AT THE BEGINNING OF THE NEXT SUBSCRIPTION PERIOD. PLEASE BE AWARE THAT AFTER DOWNGRADING YOU WILL LOSE THE RIGHT TO USE CERTAIN SERVICES AVAILABLE ONLY UNDER THE RELEVANT PAID SERVICES AND THAT MAY AFFECT YOUR ABILITY TO USE YOUR PROJECTS. In the case of a material change in the terms of the automatic renewal, we shall provide you with notice of the material change and provide information regarding how to cancel in a manner that is capable of being retained by you. No refund will be provided for canceling or downgrading a subscription during the Paid Subscription term.

3. GENERAL LICENSE AGREEMENT; USER CONTENT

3.1 Figurosity grants you and you hereby accept, subject to the limitations and restrictions set forth in these Terms of Service, a personal, non-exclusive, non-transferable license to access and use the Content, subject to the payment of applicable fees, in accordance with these Terms of Service. You are solely responsible for any and all information and content that you create using, submit to use, or use with the Site and/or Services e.g. your user profile, your projects, or your postings (Your Content).

3.2 Subject to strict compliance with these Terms of Service, you may use information and content created and published by other users of the Site’ and/or the Services in particular public projects of the other Site’ and/or Services’ users (Other Users Content), subject to the license restrictions set forth in Section 5 below (for the purpose of these Terms of Service, Your Content and the Other Users´ Content will collectively be referred to as User Content).

3.3 Commercial vs Non-commercial license. In your Account or at the time of Content download, you will have an option to choose whether the User Content created by you using the Site and/or the Services (and/or uploaded into the Site) is for your private use and your public, non-commercial projects or will be made commercially available. If you designate a project for non-commercial use, you may (i) access, use, copy and modify the Content in the creation and presentation of renderings including for single use fine art renderings, and (ii) incorporate images including images that simulate motion of three dimensional objects, videos, and other materials derived by you from the Content in your other works for public display including in mediums such as your personal social media accounts, blogs, website, or other internet-based sites or accounts. If you designate a project for commercial use, for the applicable fee, you may publish, market, distribute, transfer, sell or sublicense your image, animations, renderings or other works which incorporate the Content, provided that you may not in any case publish, market, distribute, transfer, sell or sublicense any image, rendering, animations, software application, video, data or any other product from which any Content, or any part thereof, or any substantially similar version of the Content can be separately exported, extracted or de-compiled into any re-distributable form or format. You also agree, upon receipt of a written request from us, email to the Account shall suffice, to cease any and all distribution of User Content created from the Content if we determine, in our sole discretion, that such User Content violated these Terms of Service including the requirements for commercial use.

3.4 We accept no responsibility for any User Content created or uploaded by you or other Site’ or Services’ users, and you create and use such User Content at your own risk. Furthermore, we accept no responsibility for design and/or content of external websites linked to/from the Site. In particular, we give no guarantee that the Content showed in the Site is true, fulfills any particular purpose or can serve any particular purpose. Furthermore, we accept no responsibility for any User Content and give no warranty that the User Content is accurate, complete, useful for any purpose direct or implied, or non-infringing that may be published at the Site. We do not examine whether User Content uploaded to the Site is appropriate or free of viruses nor do we determine whether it is technically possible to examine it for viruses.

3.5 We reserve the right but do not have the obligation to review any User Content and its compliance with these Terms of Service. We shall have the right to take in our discretion any measures to protect Figurosity against any such violation, including but without any limitation to stop providing you with the Services, deny you access to the Site and/or Services and/or to your Account and/or terminate your Account or Paid Subscription.

3.6 You alone are responsible for your User Content. When using the Site and/or Services you must ensure that any of Your Content does not violate the User Policy. While we appreciate if you give us recognition and attribution, you may not state or imply that Your Content is in any way provided, sponsored, or endorsed by Figurosity. IT IS YOUR RESPONSIBILITY TO BACK UP ANY OF YOUR CONTENT AND TO CARRY OUT OTHER SECURITY MEASURES TO PREVENT ANY ACCIDENTAL LOSS OR DAMAGE TO YOUR CONTENT AND TO GUARANTEE RECONSTRUCTION OF ANY OF YOUR USER CONTENT IN CASE OF DATA LOSS.

3.7 WE RESERVE THE RIGHT TO DELETE ANY USER CONTENT THAT IS OR POTENTIALLY MAY BE HELD IN VIOLATION WITH THE USER POLICY OR ANY APPLICABLE LAW IN ANY TERRITORY WHERE THE SITE AND/OR SERVICES ARE USED OR POTENTIALLY MAY BE USED.

3.8 WE RESERVE THE RIGHT TO DELETE ANY PRIVATE PROJECTS CREATED AND/OR UPLOADED INTO THE SITE, IF YOU HAD NOT USED OR PAID FOR ANY OF THE SERVICES IN THE PREVIOUS 12 MONTHS.

4. PAYMENTS AND BILLING

4.1 You must have a valid payment instrument, such as a credit card or other permitted payment method in order to purchase our Paid Services. By submitting your payment method you confirm that you are entitled to use the payment method for the purpose of paying the Fee(s) when due. The subscription fees will be billed by us automatically to your payment method on the calendar day corresponding to the day you ordered or subscribed to the Paid Services. Every future payment will be due at the beginning of the new subscription term of the Paid Subscription.

4.2 You agree, that we will charge you the Paid Services and you acknowledge that the Fee may be billed in one or more installments. We reserve the right to change the Fees or any components, terms of use or other conditions of the Paid Services. Paid Services subject to a One-time Fee will be provided by us for an indefinite period of time, but we may terminate such Paid Service without any restrictions after lapse of 12 months from the order date and after that you will not be entitled to receive back a refund of the One-time Fee or proportion thereof. We will duly notify you of any changes concerning the terms on which the Paid Services are provided through e-mail or by posting the information in your Account or on the Site.

4.3 All fees are in U.S. dollars and you may be charged a foreign transaction fee or other charges by the issuer of your payment method for certain payments. For further details on foreign transaction fees please check with your payment method service provider.

4.4 PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR A PARTIALLY USED SUBSCRIPTION PERIOD. HOWEVER, FOLLOWING THE CANCELLATION OF ANY PAID SUBSCRIPTION, YOU WILL CONTINUE TO HAVE ACCESS TO PAID SERVICES UNTIL THE END OF YOUR CURRENT SUBSCRIPTION PERIOD. AT ANY TIME, AND FOR ANY REASON, WE MAY PROVIDE A REFUND, DISCOUNT, OR OTHER CONSIDERATION TO ANY OR ALL OF OUR USERS (CREDITS). THE AMOUNT AND FORM OF SUCH CREDITS, AND THE DECISION TO PROVIDE THEM, ARE IN OUR SOLE AND ABSOLUTE DISCRETION. THE PROVISION OF CREDITS IN ONE INSTANCE DOES NOT ENTITLE YOU TO CREDITS IN THE FUTURE FOR SIMILAR INSTANCES, NOR DOES IT OBLIGATE US TO PROVIDE CREDITS IN THE FUTURE, UNDER ANY CIRCUMSTANCES.

4.5 You must keep your payment method information associated with your Account up to date. If your default payment method is declined for any reason and you have not updated or changed your payment method information in your Account, you will be responsible for any unpaid Fees or other payments and you authorize us to continue billing the payment method, as it may be updated.

4.6 If you are delayed with your payment obligations including immediately after the first default, we: (i) will be entitled to block your access to the Account and/or the Services or any of them and we shall be under no obligation to provide any or all of the Services while the payment(s) concerned remain unpaid; and (ii) reserve the right to charge interest at the rate of 10% per year, or the maximum permitted under law.

4.7 You may not offset the Fee against any receivable you may have against us for any reasons.

5. USER POLICY

5.1 Rules for using the Site and/or the Services (User Policy), You may not:

(i) access our Site and/or use the Services in order to build a competitive product or service;

(ii) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form of the Site;

(iii) use any robot, spider, screen scraper or other automatic device, or manual process to monitor or copy the Site and/or Services;

(iv) unless allowed as a part of Paid Services, using the Site and/or the Services to provide User Content to third parties or commercially exploit such User Content;

(v) solicit login or any other information or data about other users or access an Account belonging to another user without their consent;

(vi) log into or access the Site using a disposable email address or use a VPN or Tor browser for a trial account;

(vii) attempt to obtain, or assisting third parties in obtaining, access to the Site and/or the Services, other than as provided under these Terms of Service; or

(viii) use the Site and/or the Services to send unauthorized advertisement, spam, chain letters, pyramid schemes or any other promotional materials or messages, whether commercial or not.

5.2 When using the Site and/or the Services you must obey all relevant laws and other legal provisions. In particular, you may not enter and/or disseminate unlawful User Content that infringes intellectual property and any other third party rights.

5.3 You are not allowed to attack the operational capacity of the Site by any means, such as: sending mass emails (spam); carrying out hacking attempts or brute-force attacks; using or sending spy software, facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

5.4 You are not allowed to act in a manner, including creating User Content, that is defamatory, libelous, threatening or harassing, abusive, invasive of another's privacy, vulgar, pornographic, sexually explicit, obscene, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, promotes illegal activities or contributes to the creation of weapons, illegal materials or is otherwise objectionable towards us or other users in our sole and absolute discretion.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 You hereby acknowledge and agree that Digital Agua, Inc. and/or its licensors are the sole proprietors of all the intellectual property rights including copyrights, database rights, patents, trademarks, and trade secrets pertained or related to the Site and/or the Services, including Content available therein. The use of the Site and/or the Services will not imply any transfer to you or any third party of any rights, title or interest in or to such intellectual property rights. Figurosity reserves all rights not granted under these Terms of Service.

6.2 You acknowledge that the Site contains or may contain information, software, photographs, illustrations, audio files, video files, animations, flash files, data files, code snippets and other material which is protected by copyright, trademark or other proprietary rights of Figurosity and its affiliates, legal successors and assigns or other third parties including other users. You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, reverse engineer or in any way exploit any of the Content, in whole or in part, except as otherwise expressly permitted in these Terms of Service and any other agreement entered into at the time such Content was accessed or downloaded.

6.3 You hereby grant Figurosity an irrevocable, nonexclusive, perpetual, royalty-free, worldwide and beyond license to use User Content including feedback for all known purposes without any restrictions during the whole period of protection of the intellectual property rights, solely FOR THE PURPOSES OF OPERATING THE SITE AND/OR THE SERVICES and including hosting User Content in the Site and/or the Services. The license hereunder includes inter alia the right to reproduce, distribute, publicly display and perform, prepare derivative works of, and incorporate User Content into other works. The license is granted as a royalty free license and you will not be entitled to charge any fee or claim any other payment in respect of such license. Figurosity shall be allowed to sublicense or assign as the case may be the license to any of its affiliates, subcontractors and business partners or other legal successors and assigns. Figurosity is not required to use the license. You hereby represent and warrant that you have all the necessary rights required for granting the license under this Section.

6.4 Figurosity and any other product or service name or slogan contained in the Site are trademarks of Digital Agua, Inc. and its suppliers or licensors. You may use Figurosity to tag your work on social media or other public forums based on the Content. You may not use metatags or any other "hidden text" utilizing "Figurosity" or any other name, trademark or product or service name of Figurosity without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Figurosity and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

6.5 The Digital Millennium Copyright Act and Copyright Complaints. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim in accordance with the following procedure and in accordance with 17 U.S.C. § 512(c)(3), the requirements of a proper notification:

(i) Send a description of the copyrighted work or other intellectual property that you claim has been infringed. A description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site.

(ii) Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law.

(iii) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to support@figurosity.com. Subject line: “DMCA Takedown Request”. Also, please note that if you knowingly misrepresent that any activity or material on our Site and/or Services is infringing, you may be liable to Figurosity for certain costs and damages.

7. INDEMNITY

You agree to defend, indemnify and hold Figurosity (and its officers, directors, employees, agents, service providers, and legal successors and assigns) harmless against and undertake to repay Figurosity any damages and costs resulting from any third party claim, action or demand and all liabilities and settlements related thereto, including, but without limitation, to legal and accounting fees, resulting from, or alleged to result from (i) your use of the Site and/or the Services, (ii) Your Content, (iii) your violation of these Terms of Service, or (iv) your violation of applicable laws or regulations.

8. DISCLAIMERS

8.1 THE SERVICES AND THE SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. Except for any consumer rights under your local laws that cannot be contractually avoided, we hereby, to the extent permitted, exclude the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

8.3 You should be aware that the Site and/or Services may contain bugs, viruses, harmful codes and we shall bear no liability for any of them. We will have no obligation to provide you with any support or maintenance in connection with the Site or Services.

8.4 To the fullest extent permissible by applicable law, we hereby disclaim any and all responsibility, risk, liability and damages arising out of death or personal injury resulting from use of the Site and/or the Services. We shall bear no liability for any damage to your equipment e.g. computer, phones, tablets, or other devices arising from your use of the Site or the Services.

8.5 You hereby acknowledge that legally we will not be engaged and we will not have any obligation to become engaged in any interaction among users of the Site and/or the Services e.g. in situation when a user uses Your Content and you agree to fully exclude us from any claims, liabilities and/or other responsibilities you many have in respect of such interaction.

9. LIMITATION AND LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS SITE AND/OR SERVICES INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN. IN NO EVENT SHALL FIGUROSITY OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, AGENTS, OR LEGAL SUCESSORS OR ASSIGNS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF SERVICE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE SITE AND/OR SERVICES OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT INCLUDING NEGLIGENCE, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF SERVICE FOR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THE SITE AND/OR SERVICES IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIFTY ($50.00) US DOLLARS.

10. TERM AND TERMINATION

10.1 Subject to this Section 10, these Terms of Service will remain in full force and effect while you use the Site and/or the Services.

10.2 In case of a free subscription, we may terminate or suspend your rights to use the Site and/or the Services including your Account, or parts thereof, at any time for any reason in our sole discretion.

10.3 If you breach these Terms of Service or applicable law, we may terminate your access to the Site and/or the Services immediately at any time.

10.4 In case of a Paid Subscription, and without limiting the effect of Section 6.3 above, we may as of the end of your current paid period terminate or suspend your rights to use the Site and/or the Services including your Account or any parts thereof at our sole discretion. Upon termination for reasons according to this Section, we will allow you, for the period of 14 days of the date of termination, to access your inactive Account only for purposes of downloading Your Content. Upon lapse of this period, we have the right, but not the obligation, to permanently delete Your Content; and we and our affiliates also have the right but not the obligation to maintain Your Content. Figurosity will not have any liability whatsoever to you for any terminated use of the Site or Services, including for termination of your Account or deletion of Your Content.

10.5 You understand and agree that even after use of the Site or Services is terminated, the following provisions of these Terms of Service will remain in effect: Sections 1.3, 3.3, 6-9, 10.5, 12, and 13.

11. INSTRUCTION ON REVOCATION

11.1 REGARDING THE USE OF THE SITES AND/OR THE SERVICES, SECTION 11 OF THESE TERMS OF USE SHALL APPLY ONLY IF YOU HAVE PURCHASED ANY OF THE PAID SERVICES AND YOU ARE A CONSUMER WITH YOUR NORMAL PLACE OF ABODE OR RESIDENCE IN THE EUROPEAN UNION.

11.2 You have a legal right to revoke use of the Paid Services in accordance with the following conditions:

(i) You have the right to withdraw from the Paid Services within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the Paid Service order date.

(ii) To exercise the right of withdrawal, you must inform us through our e-mail listed above of your decision to withdraw from any of the Paid Services by an unequivocal statement (e.g. email in the following form: “Figurosity., e-mail: support@figurosity.com. I/We hereby give notice that I/We (*) hereby withdraw from the Paid Services order on [date] receipt number [insert].”

(iii) To meet the withdrawal deadline, it is sufficient if you send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

11.3 If you withdraw from any Paid Service during the 14 day withdrawal period, we shall reimburse all Fees received from you, including the costs of delivery, without undue delay and in any event not later than 14 days from the day on which we are informed of your decision to withdraw from this agreement. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

11.4 Important: You hereby expressly acknowledge that you lose your right of withdrawal in respect of: (i) the purchase of the Paid Services once the performance has begun and (ii) the Paid Services provided by us if the performance has begun with your express consent or the contract has been fully performed by us as in the case of an One-time fee.

12. GOVERNING LAW

These Terms of Service shall be governed by the law of the state of California in the United States. You hereby irrevocably agree that the courts of the state of California have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms of Service or in connection with the Site and Services. Notwithstanding anything to the contrary, Figurosity may seek injunctive relief in any court having jurisdiction to protect its intellectual property or confidential or proprietary information.

13. GENERAL

13.1 By using the Site and/or the Services, you consent to receiving certain electronic communications from us relating to your subscription. These communications may involve sending emails to your last email address that you provided to us, or posting communications within the Site and/or the Services; will include notices about your Account e.g. change in password or payment method, confirmation emails and other transactional information; and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. Unless you opt out, you also consent to receiving certain other communications from us, such as notifications from your Account, notifications of new features, promotional announcements and customer surveys via e-mail. If you want to unsubscribe i.e., opt out from certain non-transactional email communications, you will have the opportunity to do so.

13.2 Any future release, update, or other addition to functionality of the Sites and/or the Services shall be subject to the terms of these Terms of Service. All copyright and other proprietary notices on any Site and/or the Services content must be retained on all copies thereof.

13.3 We may occasionally change, revise or amend these Terms of Service. In case of any substantial changes we shall notify you by e-mail to the last e-mail address provided to us by you, if any and/or by prominently posting a notice of the change on our Site or your Account. The change, revised or amended wording of these Terms of Service shall become effective immediately following our dispatch of an e-mail notice to you if applicable or following the notice about such change at our Site. In case we are not able to deliver the e-mail notification as described in this Section to the e-mail address you have provided to us, for example because the e-mail address is not valid, our dispatch of the e-mail containing such notice shall nonetheless constitute an effective notice of the change of these Terms of Service. Your continued use of the Site and Services following such notice shall indicate your acknowledgement of such changes, revisions and/or amendments and also your agreement to be bound by the new Terms of Service. The changes will be immediately effective for new users of our Site and Services.

13.4 These Terms of Service constitutes the entire agreement between you and us regarding the use of the Site and/or the Services. Our failure or delay to exercise any right or provision of these Terms of Service or any law shall not constitute a waiver of any other right or provision, nor shall it prevent or restrict the further exercise of that or any other right or provision. No single or partial exercise of such right or provision shall prevent or restrict the further exercise of that or any other right or provision. If any provision or part-provision of these Terms of Service is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable and the validity, legality or enforceability of the remaining provisions shall not in any way be affected or impaired.

13.5 You may not assign any right, claim and/or receivable resulting from and/or related to use of the Site and/or the Services.