Terms of Service

YourSpace LLC

Version 1.0 — Effective upon publication on the Platform

1. Agreement and Acceptance

1.1 These Terms of Service (the "Terms") are a binding agreement between you and YourSpace LLC ("Company," "we," "us" or "our"). They govern your access to and use of our websites, web applications, mobile applications, recording booths, QR-code event pages, email and messaging services, and all related features and services (together, the "Platform" or the "Services").

1.2 The following documents are part of these Terms and are incorporated by reference: the Host Event Agreement and Purchase Terms (for hosts, purchasers and gifters), the Guest Participation Agreement, Recording Consent and Release (for guests and anyone who uploads or records through the Platform), the Acceptable Use and Content Moderation Policy, the Copyright and Takedown Policy, the Privacy Policy, the Mobile App Supplement, and any other policy we post on the Platform (together, the "Policies"). If a Policy conflicts with these Terms, the more specific Policy controls for the subject it covers.

1.3 BY CHECKING THE ACCEPTANCE BOX, CREATING AN ACCOUNT, SIGNING IN, ENTERING AN EVENT AS A GUEST, MAKING A PURCHASE, UPLOADING, RECORDING, OR OTHERWISE USING THE PLATFORM, YOU AGREE TO THESE TERMS AND THE POLICIES. IF YOU DO NOT AGREE, DO NOT USE THE PLATFORM.

1.4 We require you to accept the current Terms each time you sign up, sign in or enter an event. We keep a record of each acceptance, including the document version, the date and time, the event or account involved, the full name you typed, your IP address, your device and app identifiers, your browser or device details, and the exact wording shown to you. You agree that this record is evidence of your agreement and that your acceptance by checking a box and continuing is your electronic signature under the federal Electronic Signatures in Global and National Commerce Act and similar laws.

1.5 We may update these Terms and the Policies. The version in effect when you accept is the version that applies to that acceptance. Continued use after an update, and acceptance of the updated version when asked, means you accept the update. If you do not accept an update, you must stop using the Platform.

1.6 Activity logging. We keep detailed records of activity on the Platform, including who joined which event, the full name you provide, your IP address and approximate location, your device model, operating system, browser and app version, app and device identifiers, session information, consents you accept, every file you upload (with its size, type, time and a unique fingerprint of the file), what you view, delete, report, block or download, and actions taken by Hosts and our team. We keep these records for security, fraud prevention, abuse and takedown handling, dispute and chargeback response, enforcement of these Terms, legal claims and compliance with law, as described in the Privacy Policy. You consent to this logging by using the Platform. You agree that you will give accurate information, including your name, and that you will not use tools to hide your identity or location in order to avoid these records.

2. Eligibility

2.1 You must be at least 18 years old to create a host account, make a purchase, or accept the Host Event Agreement. You may be a guest if you are at least 13 years old. If you are under 18, you may use the Platform only with the permission of a parent or legal guardian, who is responsible for your use and who agrees to these Terms for you.

2.2 The Platform is not directed to children under 13, and we do not knowingly collect personal information from children under 13. If you believe a child under 13 has used the Platform or appears in content, contact us through the Platform's Privacy Requests page or by mail so we can address it.

2.3 You may not use the Platform if you are barred from receiving services under the laws of the United States or any other applicable law. The Platform is intended for use in the United States. We make no promise that it is appropriate or available elsewhere, and you use it from other places at your own risk.

3. What the Platform Is and Is Not

3.1 The Platform lets a host create an event page, invite guests to record and upload video, photos and audio, record booth messages, and receive a finished film and related files assembled from guest contributions (a "Film" or "Deliverable").

3.2 WE ARE A SOFTWARE AND MEDIA-PROCESSING PLATFORM. WE ARE NOT A PHOTOGRAPHER, VIDEOGRAPHER, WEDDING PLANNER, EVENT COORDINATOR, SECURITY SERVICE, OR PROFESSIONAL RECORDING SERVICE. WE HAVE NO STAFF AT YOUR EVENT. WE DO NOT PROMISE THAT ANY MOMENT, PERSON, SPEECH OR PORTION OF YOUR EVENT WILL BE CAPTURED, UPLOADED, KEPT, EDITED OR DELIVERED. IF AN EVENT MOMENT MATTERS TO YOU, HIRE A PROFESSIONAL AND KEEP YOUR OWN BACKUPS.

3.3 THE QUANTITY, QUALITY, ANGLE, LIGHTING, SOUND AND CONTENT OF FOOTAGE DEPEND ENTIRELY ON YOUR GUESTS, THEIR DEVICES, THEIR NETWORKS, THE VENUE AND OTHER FACTORS WE DO NOT CONTROL. THE LENGTH, STYLE AND CONTENTS OF A FILM DEPEND ON WHAT IS UPLOADED. A SMALL AMOUNT OF FOOTAGE MAY RESULT IN A SHORT FILM OR A FILM THAT YOU DO NOT LIKE.

3.4 We may change, suspend or discontinue any feature at any time. Descriptions of features, timelines, lengths, tiers and examples on our websites, in emails and in apps are general descriptions, are not promises of specific results, and do not create warranties.

4. Accounts and Guest Sessions

4.1 Hosts create an account using a method we offer. Guests may enter an event without a conventional account. We may create a temporary anonymous session for a guest, which is also an account for purposes of these Terms and our deletion tools.

4.2 You must give accurate information, keep your credentials secure, and promptly tell us of any unauthorized use. You are responsible for all activity under your account or session, including activity by anyone you give access to.

4.3 You may delete your account or session and request deletion of your data in the app or on the Platform, subject to Section 10 of the Privacy Policy and our retention rights described in these Terms. Deleting an account does not entitle you to a refund and does not remove content that has already been included in a Film delivered to a host, shared with other users, or retained as required by law, for dispute resolution or for security.

4.4 We may suspend, restrict or end any account or session, remove any content, or refuse any event, at any time and for any reason or no reason, with or without notice, including for suspected violations of these Terms or the Policies, chargebacks, legal risk, or harm to other users or to us.

5. Roles

5.1 "Host" means the person who purchases or sets up an event and who is responsible for the event page and its use. "Guest" means a person who enters an event page, or who is recorded or appears in content. "Gifter" means a person who pays for a Host's event. "User" means any of them.

5.2 A Host acts on behalf of, and is responsible for, any co-host, partner, family member, planner, vendor or other person the Host authorizes. A Host represents that they have authority to bind everyone for whom they act.

6. Recording, Privacy at Events, and Host Responsibility

6.1 EVENTS ARE LIVE, PUBLIC OR SEMI-PUBLIC OCCASIONS. BY USING THE PLATFORM, EVERY USER UNDERSTANDS THAT THEY, THEIR VOICE, THEIR IMAGE AND THEIR CONVERSATIONS MAY BE RECORDED BY OTHER USERS AND BY THE HOST, MAY BE UPLOADED, MAY BE SHOWN TO OTHER GUESTS, AND MAY APPEAR IN A FILM THAT THE HOST OWNS AND CONTROLS. NO USER SHOULD EXPECT PRIVACY IN WHAT HAPPENS AT THE EVENT OR IN THE BOOTH OR IN CONTENT UPLOADED TO THE EVENT.

6.2 THE HOST IS SOLELY AND FULLY RESPONSIBLE FOR: (A) GIVING ALL ATTENDEES CLEAR NOTICE THAT RECORDING, INCLUDING AUDIO RECORDING, WILL OCCUR; (B) OBTAINING ANY CONSENT, PERMISSION OR RELEASE REQUIRED BY LAW, BY THE VENUE, BY THE OFFICIANT, BY ANY RELIGIOUS OR CIVIL AUTHORITY, BY ANY PERFORMER OR VENDOR, AND BY ANY PARENT OR GUARDIAN OF A MINOR; (C) COMPLYING WITH ALL LAWS ABOUT RECORDING, PRIVACY, PUBLICITY AND THE DISPLAY OF CONTENT IN PUBLIC; (D) ESTABLISHING AND ENFORCING ANY RULES THE HOST WANTS (SUCH AS PHONE-FREE OR UNPLUGGED PORTIONS OF THE EVENT); AND (E) CONTROLLING WHO RECEIVES THE EVENT LINK AND CODE. THE COMPANY DOES NOT ATTEND, MONITOR OR CONTROL EVENTS AND HAS NO DUTY TO DO SO.

6.3 Each Guest and each other User is solely responsible for their own recording and uploading, including any consents needed from people they record. A Guest who records or uploads confirms that they will respect any rules announced at the event and the privacy and safety of others.

6.4 We provide a printable recording notice and sample wording in the Host dashboard. Providing them does not shift to us any responsibility described in this Section.

6.5 Some laws require the consent of everyone in a conversation before audio may be recorded. You are responsible for knowing and following the laws that apply to you and your event.

7. Your Content

7.1 "Content" means all video, photos, audio, transcripts, captions, text, names, messages, booth recordings, reactions, metadata and other material that a User records, uploads, submits, displays or appears in through the Platform.

7.2 As between you and us, you keep whatever ownership rights you have in Content you create. Hosts own the right to receive the Deliverables delivered to them, subject to these Terms and subject to the rights of other people and of third parties in the Content and in any materials we add (such as music, templates and effects).

7.3 You grant Company and its service providers a worldwide, non-exclusive, royalty-free, fully paid, transferable, sublicensable, irrevocable (except as stated in Section 7.7) license to host, store, copy, reproduce, process, analyze, transcribe, caption, edit, adapt, combine, synchronize, display, perform, distribute and otherwise use your Content, and your name, voice, image and likeness as they appear in it, to: (a) operate, secure, support and improve the Platform; (b) create, review, revise and deliver Films and other Deliverables; (c) display Content in galleries to the Host and to the event's guests; (d) deliver Content to the Host and other Users as the Platform provides; (e) enforce our Terms and protect rights and safety; (f) comply with law; and (g) keep records and evidence. For Content included in a Film, the license continues for as long as the Film or any copy of it exists.

7.4 We may use de-identified and aggregated information derived from Content and from your use of the Platform (such as counts, durations, quality metrics, and review outcomes) for any lawful purpose, including to improve our own tools and methods. We do not sell your Content. We do not use your Content to train general-purpose models owned by third parties.

7.5 You represent and warrant, for all Content you record, upload or submit, that: (a) you created it or have all rights and permissions needed to submit it and to grant the licenses in this Section; (b) it does not infringe or violate any intellectual property, privacy, publicity or other right of any person; (c) you have given all notices and obtained all consents required by law for the recording and for the uses described in these Terms; (d) it complies with the Acceptable Use and Content Moderation Policy; and (e) it does not contain anything unlawful, obscene, defamatory or harmful.

7.6 We may, but are not required to, review, filter, screen, hide, block, remove, edit or refuse any Content or User at any time and for any reason. Automated and human screening are imperfect. We make no promise that objectionable Content will be detected or removed before it is seen. We are not responsible for Content posted by Users, or for any person's reliance on or use of Content.

7.7 You may delete Content you uploaded using the Platform's tools. Deletion removes it from the Platform within a reasonable time but does not remove it from Films already created or delivered, from copies already downloaded or shared by others, from backups kept for a limited time, or from records we must keep. You may not revoke the license in Section 7.3 for Content already included in a delivered Film.

8. Films, Automated Processing and Studio Review

8.1 WE USE AUTOMATED TOOLS, INCLUDING MACHINE-LEARNING AND ARTIFICIAL-INTELLIGENCE-BASED SOFTWARE, TO SORT, ANALYZE, TRANSCRIBE, CAPTION, SYNCHRONIZE, SELECT, SEQUENCE AND ASSEMBLE CONTENT, AND TO SCREEN CONTENT. Some tiers include a review by Company personnel before delivery ("Studio Review"). Studio Review means a Company reviewer looked at the Film and approved it for delivery. It does not mean a Film is free of errors, was manually edited, matches your taste, or meets any professional standard.

8.2 Films are creative works. Taste is subjective. We do not warrant that any Film will satisfy you, will include any particular person, moment or music, will have any particular length or style, or will be free of mistakes such as wrong captions, audio problems, missing people, repeated clips, awkward cuts, or unflattering moments.

8.3 Whether to correct, re-cut, extend an upload window, give credit or provide any other accommodation is entirely within our discretion. Any accommodation is a courtesy, does not create a right to further accommodations, and is not an admission of fault.

8.4 Music in Films comes from a library of third-party instrumental tracks that we select for commercial use. We make no promise that any particular track will be available, that a track will not be mistakenly flagged by a social media or video platform, or that sharing a Film publicly will not result in a claim by a third party. We may display music credits where required. You may share Films only in accordance with these Terms and any license terms we display.

8.5 Estimated timelines are not promises. We are not responsible for delay in processing, review or delivery for any reason.

9. Delivery, Storage and Backups

9.1 We deliver Films and downloads through the Platform and by email. You are responsible for providing a working email address, checking spam folders, downloading what you want, and keeping your own copies.

9.2 THE PLATFORM IS NOT A BACKUP, ARCHIVE OR ESCROW SERVICE. We keep Content and Films as described in the Keepsake Vault terms of the Host Event Agreement and the Privacy Policy, and we may delete them as those terms and these Terms allow. We may delete Content sooner for legal, security, safety or policy reasons. WE ARE NOT LIABLE FOR LOSS, CORRUPTION, UNAVAILABILITY OR DELETION OF ANY CONTENT FOR ANY REASON.

10. Payments, Taxes and Third-Party Payment Platforms

10.1 Web purchases are processed by Square. We do not receive or store full card numbers. Purchases in the iOS app may be processed by Apple. Your purchase is subject to the Host Event Agreement and Purchase Terms, which include the No-Refund Policy.

10.2 You agree to pay all fees, taxes and charges for your purchases. Prices may change at any time for future purchases.

10.3 You authorize us and our payment processors to charge the payment method you provide. You represent that you are authorized to use it.

10.4 Purchases made through Apple or Google are subject to those companies' terms and refund processes. We may remove access to content or features if a purchase is refunded, reversed or disputed.

11. Prohibited Conduct

You may not, and may not help anyone to: (a) violate any law or any right of another person; (b) record, upload or display anything that violates the Acceptable Use and Content Moderation Policy; (c) record anyone in a place where they have a reasonable expectation of privacy, such as restrooms, changing areas or private rooms, or in violation of any rule at the event; (d) harass, threaten, expose or embarrass anyone; (e) upload malware, probe, scan or test the security of the Platform, or interfere with it; (f) bypass access controls, rate limits, moderation or consent screens; (g) scrape, copy, resell, reverse engineer or build a competing product from the Platform (except as law does not allow us to restrict); (h) use the Platform for facial recognition, identification, tracking or surveillance of people; (i) misrepresent your identity or authority; (j) use automated means to create accounts or content; (k) use the Platform for commercial filming or for any purpose other than to record and share events as intended, without our written permission; or (l) share access credentials or event links in a way that gives unauthorized people access.

12. Our Intellectual Property

The Platform, including its software, designs, templates, effects, music selections, names, logos and documentation, is owned by Company and its licensors and is protected by law. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Platform as these Terms allow. We reserve all other rights. If you send us feedback or ideas, you give us a perpetual, worldwide, royalty-free license to use them without obligation to you.

13. Third-Party Services

The Platform depends on third parties, including cloud hosting and storage providers (such as Google Cloud and Firebase), payment processors (such as Square), app stores (Apple and Google), email delivery providers (such as Resend), automated-processing providers, and internet and mobile carriers. We do not control them. WE ARE NOT RESPONSIBLE FOR THEIR ACTS, OMISSIONS, OUTAGES, POLICIES, FEES OR LOSSES, OR FOR ANY LINK OR CONTENT THEY PROVIDE. Their terms may apply to you.

14. Disclaimers

14.1 THE PLATFORM, THE FILMS AND ALL CONTENT AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, SERVICE PROVIDERS AND AGENTS (THE "COMPANY PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, QUALITY, COMPLETENESS AND UNINTERRUPTED OR ERROR-FREE OPERATION.

14.2 WITHOUT LIMITING THE ABOVE, THE COMPANY PARTIES MAKE NO WARRANTY OR PROMISE THAT: (A) ANY MOMENT, PERSON OR EVENT WILL BE RECORDED, UPLOADED, KEPT, EDITED OR DELIVERED; (B) ANY FILM WILL BE DELIVERED BY A CERTAIN DATE OR AT ALL; (C) THE PLATFORM WILL WORK ON ANY DEVICE, OPERATING SYSTEM, BROWSER OR NETWORK; (D) UPLOADS WILL COMPLETE; (E) CONTENT WILL BE FREE OF ERRORS, MALWARE OR CORRUPTION; (F) CONTENT WILL BE SECURE FROM UNAUTHORIZED ACCESS; (G) ANY AUTOMATED TOOL OR REVIEW WILL DETECT ALL OBJECTIONABLE, UNLAWFUL OR PRIVATE CONTENT; (H) ANY FILM WILL NOT BE FLAGGED BY ANY PLATFORM OR RIGHTS HOLDER; OR (I) THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

14.3 THE COMPANY PARTIES ARE NOT RESPONSIBLE FOR TECHNICAL FAILURES, SOFTWARE ERRORS, DEVICE FAILURES, STORAGE FAILURES, DATA LOSS, CYBER INCIDENTS, VENUE WI-FI OR CELLULAR OUTAGES, NETWORK OR INTERNET FAILURES, POWER FAILURES, THIRD-PARTY OUTAGES, OR ANY OTHER CAUSE BEYOND OUR REASONABLE CONTROL.

14.4 NO ADVICE OR INFORMATION FROM US, ORAL OR WRITTEN, CREATES ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO PART OF THIS SECTION MAY NOT APPLY TO YOU.

15. Limitation of Liability

15.1 TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, MEMORIES, SENTIMENTAL OR IRREPLACEABLE VALUE, OPPORTUNITY, OR ENJOYMENT, OR FOR EMOTIONAL DISTRESS OR THE COST OF RE-CREATING, RE-STAGING OR RE-FILMING AN EVENT, OR FOR SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO THE PLATFORM, THESE TERMS OR ANY EVENT, EVEN IF WE WERE ADVISED OF THE POSSIBILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE THAT EVENTS SUCH AS WEDDINGS ARE ONE-TIME AND IRREPLACEABLE, THAT THE PRICE YOU PAY REFLECTS THE LIMITED SCOPE OF OUR RISK, AND THAT WE WOULD NOT OFFER THE PLATFORM AT THIS PRICE WITHOUT THESE LIMITS.

15.2 TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE COMPANY PARTIES FOR ALL CLAIMS RELATED TO THE PLATFORM, THESE TERMS OR ANY EVENT WILL NOT EXCEED THE LESSER OF (A) THE AMOUNT YOU ACTUALLY PAID TO COMPANY FOR THE SPECIFIC EVENT OUT OF WHICH THE CLAIM AROSE, EXCLUDING TAXES AND THIRD-PARTY FEES, OR (B) ONE HUNDRED DOLLARS ($100), AND FOR USERS WHO PAID NOTHING, FIFTY DOLLARS ($50).

15.3 THE LIMITS IN THIS SECTION APPLY TO ALL THEORIES OF LIABILITY, INCLUDING CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE OR ANY OTHER THEORY, AND TO ALL CLAIMS IN THE AGGREGATE. THEY ARE AN ESSENTIAL BASIS OF THE BARGAIN. NOTHING IN THESE TERMS EXCLUDES LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. IF A LIMIT IS NOT ENFORCEABLE IN FULL, IT WILL BE ENFORCED TO THE MAXIMUM EXTENT ALLOWED.

16. Assumption of Risk and Release

16.1 EVENTS INVOLVE RISKS, INCLUDING INJURY, PROPERTY DAMAGE, INTOXICATION, WEATHER, CROWDS, THEFT, UNAUTHORIZED RECORDING, AND CONDUCT OF OTHER PEOPLE. THE COMPANY PARTIES ARE NOT PARTICIPANTS IN, ORGANIZERS OF, OR RESPONSIBLE FOR ANY EVENT. YOU ASSUME ALL RISKS OF USING THE PLATFORM AT OR IN CONNECTION WITH AN EVENT, INCLUDING RISKS FROM USING A DEVICE WHILE MOVING, DANCING, DRIVING OR OTHERWISE DISTRACTED. DO NOT USE THE PLATFORM WHERE IT IS UNSAFE OR UNLAWFUL.

16.2 TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE AND FOREVER DISCHARGE THE COMPANY PARTIES FROM ALL CLAIMS, DEMANDS, DAMAGES AND LIABILITIES, KNOWN OR UNKNOWN, ARISING OUT OF OR RELATED TO: (A) ANY RECORDING OF YOU OR YOUR PROPERTY BY ANY USER; (B) THE USE, DISPLAY, EDITING, SHARING OR PUBLICATION OF CONTENT AS THESE TERMS PERMIT, INCLUDING CLAIMS FOR INVASION OF PRIVACY, VIOLATION OF PUBLICITY RIGHTS, DEFAMATION, EMOTIONAL DISTRESS OR INTELLECTUAL PROPERTY; (C) THE ACTS OR OMISSIONS OF OTHER USERS OR OF THIRD PARTIES; AND (D) THE FAILURE OF THE PLATFORM, A FILM OR ANY DELIVERABLE. YOU WAIVE ANY RIGHT TO INSPECT OR APPROVE FILMS OR USES OF CONTENT, AND ANY RIGHT TO COMPENSATION FOR THEM, EXCEPT AS THESE TERMS PROVIDE. IF YOU ARE A RESIDENT OF CALIFORNIA, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." SIMILAR LAWS OF OTHER STATES ARE ALSO WAIVED.

17. Indemnification

17.1 YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY PARTIES FROM AND AGAINST ALL CLAIMS, DEMANDS, ACTIONS, PROCEEDINGS, LIABILITIES, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPERT FEES) ARISING OUT OF OR RELATED TO: (A) YOUR CONTENT; (B) YOUR USE OF THE PLATFORM; (C) YOUR BREACH OF THESE TERMS OR THE POLICIES; (D) YOUR VIOLATION OF ANY LAW OR ANY RIGHT OF ANY PERSON; (E) FOR HOSTS, ANY CLAIM BY ANY ATTENDEE, VENDOR, VENUE, OFFICIANT, PERFORMER OR OTHER PERSON ARISING FROM RECORDING, NOTICE, CONSENT, PRIVACY, PUBLICITY OR THE EVENT; AND (F) FOR GIFTERS, ANY CLAIM RELATED TO THE GIFT.

17.2 We may assume exclusive control of the defense of any matter subject to indemnity, at your expense, and you will cooperate. You may not settle any claim that affects the Company Parties without our written consent.

18. Dispute Resolution, Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

18.1 Informal resolution. Before starting any claim, you agree to send us a written notice describing the dispute, your contact information and the relief you want, through the Support page on the Platform. We will try in good faith to resolve it within 60 days. You may not file a claim until that period ends.

18.2 Binding arbitration. EXCEPT FOR THE MATTERS LISTED IN SECTION 18.6, YOU AND COMPANY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, THE POLICIES, THE PLATFORM, ANY EVENT OR ANY CONTENT, INCLUDING QUESTIONS OF ARBITRABILITY, WILL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS CONSUMER ARBITRATION RULES (OR ITS COMMERCIAL RULES IF THE DISPUTE IS NOT WITH A CONSUMER) IN EFFECT WHEN THE CLAIM IS FILED. The Federal Arbitration Act governs this Section. The arbitration will be conducted by a single arbitrator and may be held by video conference or telephone. If an in-person hearing is required, it will take place in Colbert County, Alabama, or another location the arbitrator selects for your convenience. The arbitrator must apply these Terms and may award only individual relief that the law allows. Judgment on the award may be entered in any court of competent jurisdiction.

18.3 NO CLASS ACTIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND COMPANY EACH WAIVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION. CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON. If this waiver is found unenforceable as to any claim, that claim will proceed in court, not in arbitration, and will be stayed until any arbitrable claims are finished.

18.4 NO JURY TRIAL. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY WAIVES THE RIGHT TO A JURY TRIAL IN ANY COURT PROCEEDING.

18.5 Opt out. You may opt out of arbitration and the class action waiver by sending a written notice through the Support page on the Platform, within thirty (30) days after you first accept these Terms. The notice must include your name, the email address or account associated with your use, and a statement that you opt out of arbitration. Opting out does not affect any other part of these Terms.

18.6 Exceptions. Either party may (a) bring an individual claim in small claims court, and (b) seek injunctive or equitable relief in court to protect or enforce intellectual property rights or to stop misuse of the Platform.

18.7 Mass filings. If twenty-five or more similar claims are filed by or with the help of the same representative, the claims will be arbitrated in batches of up to twenty-five, with fees and proceedings staged by the administrator so that earlier batches resolve first.

18.8 Governing law and courts. These Terms, and all claims, are governed by the laws of the State of Alabama, without regard to conflict-of-law rules, and by the Federal Arbitration Act and other applicable federal law. For any dispute not subject to arbitration, you and Company consent to the exclusive jurisdiction and venue of the state courts located in Colbert County, Alabama and the federal courts for the Northern District of Alabama.

19. Chargebacks and Disputes

If you dispute a charge with a bank, card issuer, Apple, Google or any other provider without first contacting us in writing and giving us a reasonable opportunity to resolve the issue, you breach these Terms. We may submit evidence to the provider, including your acceptance records, event and delivery logs and review logs. We may suspend or end your access, delete Content after notice, and recover from you any fees, fines, losses and costs (including attorneys' fees) we incur because of the dispute, to the extent permitted by law.

20. Termination

We may suspend or end your access at any time. You may stop using the Platform at any time. Sections that by their nature should survive termination will survive, including Sections 6, 7, 8.3, 9.2, 10, 12 through 19, 21 and 22.

21. Force Majeure

We are not liable for any delay or failure caused by events beyond our reasonable control, including acts of God, weather, fire, flood, earthquake, epidemic, war, terrorism, riot, labor disputes, government action, changes in law, failures of utilities, internet, telecommunications, cloud, payment or app-store services, cyberattacks, or the acts of third parties.

22. General

22.1 Entire agreement. These Terms and the Policies are the entire agreement between you and us on their subject and replace prior statements.

22.2 Severability. If any provision is found unenforceable, it will be enforced to the maximum extent allowed and the rest will remain in effect. If the class action waiver is found unenforceable in the manner described in Section 18.3, only that waiver is affected.

22.3 No waiver. Our failure to enforce a right is not a waiver.

22.4 Assignment. You may not assign these Terms without our written consent. We may assign them freely, including in a merger or sale.

22.5 Electronic communications. You agree we may contact you electronically, including by email and in-app messages and push notifications, about your account, events, purchases, delivery, legal notices and support. Marketing messages are sent only as the law allows, and you may opt out of them at any time. You are responsible for the accuracy of your contact information.

22.6 Notices. Notices to us must be sent through the Platform's Support page.

22.7 Relationship. You and Company are independent parties. No agency, partnership, joint venture, employment or fiduciary relationship is created.

22.8 Third-party beneficiaries. The Company Parties are intended third-party beneficiaries of Sections 14 through 17. Otherwise there are none, except as the Mobile App Supplement provides for Apple and Google.

22.9 Interpretation. Headings are for convenience. "Including" means "including without limitation." No rule of construction applies against the drafter.

22.10 Government and export. You will not use the Platform in violation of U.S. export or sanctions laws.

22.11 Contact. YourSpace LLC, through the Support page on the Platform.