Effective Date: January 20, 2025

The terms of this agreement ("Terms of Service") govern the relationship between you and Saytiri, a US company (business ID TBD) having its registered office at TBD, (hereinafter "Saytiri" or "Us" or "We") regarding your use of Saytiri's services, sites and related services (the "Service"). Use of the Service is also governed by Saytiri's  Privacy Policy  and other relevant policies, which are incorporated herein by reference. 

Before accessing or using the Service, including browsing any Saytiri website or accessing the Service, you must agree to these Terms of Service and the  Privacy Policy. You are required to register an account on the Service (collectively "Account"). By using or registering for an Account or otherwise using the Service, you affirm that you are the legal age of majority in your country of residence. If you are not, your legal guardian must review and agree to these Terms of Service.

BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

IMPORTANT NOTICE: You also agree that disputes with Saytiri must be resolved on an individual basis through final and binding arbitration as described in Section 8 (“Dispute Resolution”).

Saytiri reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service , its Privacy Policy  and other relevant Saytiri policies at any time by posting the amended terms on the Service. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Saytiri  Privacy Policy, or any other Saytiri policy, rules or codes of conduct relating to your use of the Service, your right to use the Service shall immediately terminate, and you must immediately stop using the Service.

1. Using the Service

1.1. Your Right to Use the Service

Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Saytiri policies, you have a non-exclusive, non-transferable, non-sublicensable, revocable and limited right to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

The following restrictions apply to the use of the Service:

• You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (such as PayPal) by minors.

• You shall not (or attempt to) purchase, sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been removed by Saytiri, or previously been banned from use of the Service.

• You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk, or spam e-mail or repetitive or misleading messages to anyone.

Login information and Your Account

You may be required to select a password for your Account, or you may also use other credentials to access the Account ("Login Information"). You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Saytiri and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.

Saytiri reserves the right to remove any account at any time and for any reason, including but not limited to claims by a third party that an account violates the third party's rights.

Use Limitations

Any use of the Service in violation of these Use Limitations is strictly prohibited, can result in the immediate revocation of your limited right and may subject you to liability for violations of law.

You agree that you will not, under any circumstances:

• Engage in any act that Saytiri deems to be in conflict with the spirit or intent of the Service or make improper use of Saytiri's support services.

• Use or take part (directly or indirectly) in the use of exploits, automation software, emulators, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any Saytiri service or the Saytiri Service experience.

• Modify or cause to be modified any files that are a part of the Service or any Saytiri service without Saytiri's express written consent.

• Disrupt, interfere with or otherwise adversely affect the normal flow of the Service or otherwise act in a manner that may negatively affect other users' experience when using the Service. This includes taking advantage of errors in the Service to gain access to other user's data and any other act that intentionally abuses or goes against the design of the Service.

• Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support the Service.

• Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person's use or enjoyment of the Service.

• Attempt to gain unauthorized access to the Service, Accounts registered or used by others or to the computers, servers, or networks connected to the Service by any means other than the user interface provided by Saytiri, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.

• Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis.

• Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Saytiri employees, including Saytiri's customer service representatives.

• Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Saytiri employee.

• Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by Saytiri.

• Solicit, or attempt to solicit, Login Information or any other login credentials or personal information from other users of the Service.

• Collect or post anyone's private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.

• Use the Service in any way that would violate any export controls, anti-money laundering rules, economic sanctions or similar laws or regulations including but not limited to those imposed by the United States of America and/or the European Union.

Saytiri reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. Saytiri reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.

1.2. Suspension and Termination of Account and Service

WITHOUT LIMITING ANY OTHER REMEDIES, SAYTIRI MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF WITH OR WITHOUT NOTICE TO YOU (i) IF YOU ARE, OR SAYTIRI SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH THESE TERMS OF SERVICE; OR (ii) FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE. YOU CAN LOSE YOUR USERNAME AND PERSONA IN THE SERVICE AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED VIRTUAL ITEMS AND PURCHASED VIRTUAL ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND SAYTIRI IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR SERVICE, AND ITS CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR  POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.

SAYTIRI RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 90 DAYS.

Saytiri reserves the right to stop offering and/or supporting the Service or part of the Service at any time, at which point your right to use the Service or a part thereof will be automatically terminated. In such event, Saytiri shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Service. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.

You may terminate your Account at any time and for any reason by following the process described on our support page located at https://www.saytiri.com/support.php  informing Saytiri that you wish to terminate your Account. 

2. Ownership

2.1. Games and Service

All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-service chat transcripts, user Account profile information) are owned by Saytiri. Saytiri reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its Service.

2.2. Accounts

NOT WITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF SAYTIRI.

2.3. Virtual Content

Saytiri owns, has licensed, or otherwise has rights to use all of the content that appears in the Service. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual items, content, features, goods, services or media appearing or originating in the Service, or any other attributes associated with an Account or stored on the Service. 

3. User Content

3.1. Submission of User Content

"User Content" means any communications, images, sounds, and all the material, data, and information that you upload or transmit through the Service, or that other users upload or transmit, including without limitation any text entered into the Service. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential or misleading; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Saytiri in accordance with its  Privacy Policy.

3.1.1. Content Screening

Saytiri assumes no responsibility for the conduct of any user submitting any User Content and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent, or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation text) when you are using the Service.

By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.

Saytiri reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time. If at any time Saytiri chooses, in its sole discretion, to monitor the Service, Saytiri nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.

3.2. Information Use by Other Members of the Service

3.2.1. Public Discourse

The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Saytiri cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, do not post it on the Service. Saytiri shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.

3.2.2. Responsible For Your Own Content

You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. Saytiri may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Saytiri violates these Terms of Service.

3.2.3. Your License to Saytiri

You hereby grant to Saytiri an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license and right to copy, reproduce, fix, adapt, modify, manufacture, commercialize, publish, distribute, transmit or provide access to electronically, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to Saytiri the right to authorize others to exercise any of the rights granted to Saytiri under these Terms of Service. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Saytiri does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. Saytiri has no obligation to monitor or enforce your intellectual property rights in or to your User Content. 

3.3. User Interactions

You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service. Saytiri reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Saytiri to investigate any suspected unlawful, fraudulent, or improper activity, including, without limitation, granting Saytiri access to any password-protected portions of your Account.

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. 

4. Fees and Purchase Terms

4.1.Purchases 

The Service is provided in exchange for your purchase of the Service at a pre-netogiated service level. Your purchase of any level of service does not grant the User any rights to the Service other than use of the Service during which you account remains in good standing.

Saytiri may at any time and its sole discresion make any change, to any part of the Service, for any reason. If at any time you no longer find the Service to be of value, Saytiri shall not be obligated to refund any prior payments. You may cancel your account and agree to forfeit any prior payments from you to Saytiri. Saytiri may, at its sole discresion, choose to refund an amount based on the specific circumstances of the Account cancellation.

4.2. Payment of Fees

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Saytiri may revise the pricing for any level of service offered through the Service at any time. YOU ACKNOWLEDGE THAT SAYTIRI IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR SERVICES WHERE FUTURE PRICING IS REDUCED FROM PRIOR PRICING, WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY. 

5. Updates to the Service

You understand that the Service will evolve. Saytiri may require that you accept updates to the Service and to Saytiri's Service and any Saytiri application you have installed on your device or computer. You acknowledge and agree that Saytiri may update the Service, with or without notifying you. You may need to update third party software from time to time in order to receive the Service . 

6. Disclaimer of Warranties

WITHOUT LIMITING SAYTIRI'S LIABILITY UNDER SECTION 7 BELOW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. SAYTIRI DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you. 

7. Limitation of Liability; Sole and Exclusive Remedy; Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAYTIRI SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SAYTIRI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, SAYTIRI SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO SAYTIRI IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE ONE (1) MONTH IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO SAYTIRI DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND SAYTIRI'S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH SAYTIRI IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT. 

NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF SAYTIRI OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF SAYTIRI.

You agree to indemnify, defend and hold Saytiri (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior. 

8. Dispute Resolution

You and Saytiri agree that the processes for dispute resolution described in this agreement will apply to any dispute or claims related to these Terms of Service, the  Privacy Policy, or the Service. Disputes include any claims of any kind, including but not limited to legal, equitable, or statutory claims, arising at any time, including before we entered into this agreement. Processes for dispute resolution will apply even if you stop using your Account, delete your Account, or stop using the Service.

Sections 8.1 to 8.7 apply to you if you are a resident of the United States or Canada. They do not apply to you if you are a resident of any other country.

8.1. Informal Dispute Resolution

If you have an issue that our customer support can't resolve, you and Saytiri agree to try to informally resolve any dispute directly with each other for at least thirty (30) days before starting an arbitration. The informal dispute resolution process starts when you give Saytiri written notice of the dispute through legal@saytiri.com (“Dispute Notice”). In your Dispute Notice you agree to include your name, any relevant Saytiri account name(s) or Saytiri e-mail address you use, mailing address, how best to contact you, what the problem is, and how you would like Saytiri to resolve the problem. If Saytiri has a dispute with you, Saytiri will send its Notice of Dispute to any email address you have associated with your Saytiri account. All applicable statutes of limitations will be considered tolled beginning on the day a Dispute Notice is received as described herein. Except in the case of a Mass Arbitration (see below), this tolling shall end either on the date an arbitration is filed or thirty (30) days after submission of the Dispute Notice, whichever is earlier.

If your problem can't be resolved by this informal dispute resolution process, you or Saytiri may initiate an arbitration in accordance with these Terms of Service, as described below. In the case that Saytiri cannot identify an email address or billing address associated with your account, this section shall not apply to Saytiri, and it may immediately initiate an arbitration, as follows.

8.2. Arbitration

You and Saytiri agree to resolve any disputes exclusively in final and binding individual arbitration as follows:

Either you or Saytiri may choose to submit any dispute for resolution exclusively by final and binding arbitration unless the claim is within the exceptions described below. These arbitration proceedings shall be conducted on an individual basis only, meaning the dispute is solely between you and Saytiri. If you or Saytiri brings a claim in court that can be resolved by arbitration under this section, then either party can ask the court to order the parties to resolve the claim by arbitration. The arbitrator will have the exclusive authority to decide whether any portion of Section 8 (“Dispute Resolution”) is valid or enforceable, or whether it applies to a claim.

An arbitration proceeding will be held before a single neutral arbitrator. This means you and Saytiri agree to give up the right to resolve the dispute in a trial before a judge or jury. Arbitration has different rules than more formal lawsuits. For example, the ability to force the other side to share information may be more limited than the process called discovery in formal lawsuits. After the arbitrator decides the outcome, that decision will be final. You or Saytiri can ask the arbitrator to put a decision or award and the reasons for it in writing. Either of us can ask a court to confirm or enter the arbitrator's final decision or award, which will make it the same as a court judgment. You and Saytiri will generally not be able to change the outcome of arbitration through courts outside of very limited circumstances.

8.3. Arbitration Process

The arbitration will be run by the American Arbitration Association (“AAA”). AAA's rules and procedures will be used for the arbitration, including the Consumer Arbitration Rules. But if there is a conflict between these Terms of Service and AAA's rules and procedures, then we will follow these Terms of Service. To review AAA's Rules or to start arbitration, you can go to AAA's website . If either of us decides to start arbitration, we agree to provide the other party with a written Demand for Arbitration as specified in the AAA Rules.

The fees for arbitration will be determined by AAA's Consumer Arbitration Rules. If the arbitrator decides that those fees are excessive, Saytiri will pay the fees. Each side will pay their own attorney's fees and costs unless the claims allow the prevailing party to recover attorney's fees and costs, in which case the arbitrator may award them under the AAA Rules or applicable law. If either party challenges the validity of the arbitrator's decision or award through a subsequent court case, that party will pay its own costs and attorney's fees associated with the challenge.

The arbitration will take place either in Fort Wayne, Indiana, USA, or virtually.

8.4 Exceptions to Agreement to Arbitrate

You and Saytiri agree that the informal dispute resolution process in Section 8.1 and arbitration agreement in Section 8.2 will not apply to the following disputes:

• Claims about Saytiri's intellectual property, such as claims to enforce, protect, or concerning the validity of Saytiri's copyrights, trademarks, trade dress, domain names, patents, trade secrets, or other intellectual property rights.

• Claims related to piracy or tortious interference.

• Claims that are not subject to an arbitration agreement as a matter of law and are not preempted by federal law that would allow for an agreement to arbitration.

• Claims in small claims court.

Any dispute not subject to arbitration under these exceptions shall be resolved by a court of competent jurisdiction as described in Section 10 (“Venue for Disputes Not Subject to Arbitration”).

8.5 No Class Actions

You and Saytiri agree that we can only bring claims against each other on an individual basis. That means:

• You cannot bring a claim against Saytiri as a plaintiff or class member in a class, collective, or representative action.

• The arbitrator cannot combine any other person's claims with yours into a single case or preside over any class, collective, or representative arbitration proceeding.

• The arbitrator's decision or award in your case will not apply to anyone else and cannot be used to decide other people's disputes.

If this section (Section 8.5 “No Class Actions”) is found to be unenforceable or invalid, then the entirety of Section 8, including Sections 8.1 to 8.7, shall be void.

8.6 Mass Arbitration

If 25 or more similar arbitrable disputes (for example, your dispute against Saytiri) are filed by or with the assistance of the same law firm, group of law firms, organizations, or with representation that is consistent or coordinated across the cases, these will be considered “Mass Arbitration Cases,” and will be processed in accordance with AAA's Mass Arbitration Supplementary Rules for consumer mass arbitration. You acknowledge and agree that depending on the circumstances, if you choose to file your individual claim as part of a Mass Arbitration, the resolution of your dispute may ultimately be resolved via global mediation or proceed to a court of competent jurisdiction. You or Saytiri may advise the other of a belief that certain cases are Mass Arbitration Cases, and disputes over whether a case or cases meet the contractual definition of “Mass Arbitration Case” will be decided by the arbitration provider as an administrative matter.

Demands for arbitration filed with the arbitration provider as part of the Mass Arbitration shall only proceed as permitted by the process set forth in this Section. Any applicable limitations periods (including statutes of limitations) for claims asserted in a Mass Arbitration Case will be tolled from the time a valid Dispute Notice has been received until the global mediation described below is completed, or the claim is otherwise settled, withdrawn, or resolved.

Once the opposing party (e.g., Saytiri, in the case of disputes against Saytiri) has been notified that all or substantially all Mass Arbitration Cases have been filed with the arbitration provider, and before the “Initiation” stage of the Mass Arbitration is complete, counsel for the parties shall confer in good faith regarding the number of cases that should proceed in the arbitration (as “bellwether” cases) to allow each side a reasonable opportunity to test the merits of its arguments. Only the Mass Arbitration Cases selected as bellwethers will proceed beyond the “Initiation” stage of the Mass Arbitration, and neither party will be required to pay per case fees for cases that are not selected. If counsel for the parties cannot agree on the number of bellwethers, each side shall select five (5) cases from among the claimants who have provided valid Dispute Notices, and only those selected cases will proceed beyond the Initiation stage of the Mass Arbitration. If counsel for the parties cannot agree on the number of bellwethers and the arbitration provider (or, in the arbitration provider's discretion, a process arbitrator) determines that more than 10 bellwethers are warranted, the arbitration provider (or process arbitrator) may set a higher, even number of bellwethers not to exceed ten percent (10%) of the Mass Arbitration Cases or 500, whichever is lower. Again, each side will select half of any additional bellwethers.

The parties agree that a limited service neutral shall be appointed to serve in the role of a process arbitrator as described by the AAA Mass Arbitration Rules, either by the arbitration provider in its discretion, or by selection agreed by the parties. Unless the parties agree otherwise, each bellwether case should be assigned to a different arbitrator that will decide the claim(s).

Only bellwether cases will proceed in arbitration. For a case that proceeds as a bellwether, you and Saytiri additionally agree that the following processes shall apply to make its resolution more efficient: A scheduling order setting forth deadlines across the bellwether cases, including deadlines for submission of documents and witness lists, completion of discovery, and filing of motions, shall be implemented. The process arbitrator or limited service neutral appointed to fill that role shall oversee administrative and procedural issues common to the cases, such as discovery, choice of law, and statute of limitations, and shall also oversee disputes regarding coordination and limitations on briefing, motions, and discovery requests across the cases to avoid duplication and burden on the parties. The parties may bring dispositive motions during these proceedings. The bellwether cases shall be heard on the documents, rather than by in-person, telephone, or videoconference hearings. Testimony via affidavit or recorded deposition shall be employed rather than requiring live witness testimony. The awards shall be in writing, executed in the form and manner required by law, and shall provide concise written reasons for the decision unless the parties agree otherwise.

Once the bellwether cases have concluded, or sooner should counsel for the parties agree, the parties will engage in a single global mediation of all remaining Mass Arbitration Cases, with Saytiri paying the applicable mediation fee. Counsel for both sides must agree on a mediator within thirty (30) days after the conclusion of the final bellwether case, but if they are unable to agree on a mediator within this time the arbitration provider or process arbitrator will appoint a mediator as an administrative matter. The parties will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed.

If the global mediation does not yield a full resolution for all Mass Arbitration Cases, this arbitration requirement shall no longer apply to the Mass Arbitration Cases that were not resolved in bellwether cases. Such cases will not proceed in arbitration and may only proceed individually in court subject to the Applicable Law (Section 9) and Venue (Section 10) clauses of these Terms of Service. In such cases, you consent to venue exclusively in these courts. Nothing in this paragraph shall be construed as prohibiting either you or Saytiri from removing a case from state to federal court if removal is allowed under applicable law. To the extent your claim is part of the Mass Arbitration claims, you further agree to waive any objection or argument that the joinder of your claim with other Mass Arbitration claimants would be impracticable. If a formerly arbitrable dispute is brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only Mass Arbitration claimants who provided compliant Dispute Notices or filed Mass Arbitration Cases.

If this Section applies to your dispute with Saytiri and if, after exhaustion of all appeals, this Section is found to be unenforceable or invalid, then the entirety of Section 8 shall be void and any dispute will be resolved in court subject to the Applicable Law (Section 9) and Venue (Section 10) clauses of these Terms of Service.

8.7 Opt-Out of Arbitration Agreement and No Class Actions Provisions

You can choose to opt out of and not be bound by the Arbitration Agreement and No Class Action provisions above (Sections 8.1 to 8.6) by sending written notice of your decision to opt out to legal@saytiri.com with the subject line “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” You must send us this notice within thirty (30) days of your first use of the Service or availability of this opt-out, whichever is later. If you do not send us a notice within that time, you will be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Saytiri also will not be bound by them.

8.8 Alternative and Online Dispute Resolution

If you are a consumer based in the EU or EEA, you may make use of the  Online Dispute Resolution platform  offered by the European Commission as an out-of-court alternative to resolve disputes.  You may also recourse to alternative dispute resolution and refer a dispute to the consumer disputes board or other corresponding out-of-court institution in your domicile.

9 Applicable Law

If you are a resident of the United States or Canada: (1) the United States Federal Arbitration Act (including its procedural provisions) governs the interpretation and enforcement of the agreement to arbitrate and no class actions provisions of Section 8, and (2) any dispute arising out of or related to these Terms of Service, the  Privacy Policy, or the Service shall be governed in all respects by the laws of the State of California, USA without regard to conflict of law provisions. 

If you are a resident outside of the United States and Canada, you agree that any claim or dispute arising out of or related to these Terms of Service, the  Privacy Policy, or the Service shall be governed by the laws of United States without regard to conflict of law provisions. 

10 Venue for Disputes Not Subject to Arbitration

If you are a resident of the United States or Canada, you agree that any claim or dispute you may have against Saytiri that is not subject to arbitration under Section 8 must be resolved exclusively by a federal or state court located in Fort Wayne, Indiana. You and Saytiri consent to venue and personal jurisdiction in Fort Wayne, Indiana for all such claims or disputes.

If you are a resident outside of the United States and Canada, you agree that any claim or dispute you may have against Saytiri must be resolved exclusively by a court located in Fort Wayne, Indiana. 

11. Severability

You and Saytiri agree that if any portion of these Terms of Service or of the Saytiri Privacy Policy  is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect. 

12. General Provisions

12.1. Assignment

Saytiri may assign or delegate these Terms of Service and/or the Saytiri  Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy  without Saytiri's prior written consent, and any unauthorized assignment and delegation by you is ineffective.

12.2. Supplemental Policies

Saytiri may publish additional policies related to specific services such as forums, contests, or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.

12.3. Entire Agreement

These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including the Saytiri Privacy Policy ), contain the entire understanding of you and Saytiri, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.

12.4. No Waiver

The failure of Saytiri to require or enforce strict performance by you of any provision of these Terms of Service or the Saytiri Privacy Policy  or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Saytiri's right to assert or rely upon any such provision or right in that or any other instance. 

The express waiver by Saytiri of any provision, condition, or requirement of these Terms of Service or the Saytiri Privacy Policy  shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Saytiri shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Saytiri.

12.5. Notices

We may notify you via postings in our Service, on  saytiri.com, via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms of Service or the  Saytiri Privacy Policy shall be in writing and addressed to: Saytiri ...add an address..., with a copy to  legal@saytiri.com.

12.6. Equitable Remedies

You acknowledge that the rights granted and obligations made under these Terms of Service to Saytiri are of a unique and irreplaceable nature, the loss of which shall irreparably harm Saytiri and which cannot be replaced by monetary damages alone so that Saytiri shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you. 

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7 (if any).

12.7. Force Majeure

Saytiri shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Saytiri, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Saytiri's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.