Last Modified: January 6th, 2025

This Plaiir Inc. Terms of Service (the “Terms”) constitutes an agreement between you, the user, and Plaiir Inc. ("Plaiir", "we" or "us", and together with its subsidiaries and affiliates). These Terms govern your access to and use of the website located at https://www.plaiir.com/ and related websites, mobile and other applications, including any content, functionality and services offered on or through the Plaiir platform, and any of our other products or services (collectively, the “Services”), whether or not you register as a user.

Please read the Terms carefully because they contain provisions that affect your rights and obligations, including a mandatory arbitration provision, limitation on time to file claims, and a waiver of your right to participate in a class action. By using the Services, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at https://www.plaiir.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Services.

The Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with Plaiir and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

You acknowledge and confirm that (i) you have read and understand all of the terms, conditions, guidelines, policies, provisions, disclosures and disclaimers contained herein, (ii) these Terms have the same force and effect as a signed agreement, and (iii) you expressly accept and agree to be bound by the terms hereof.

1. Overview of the Services

The Services include Plaiir's app which is a professional creator network app and platform for adult content creators where individuals who have registered with the Service and have set up a profile and/or account (hereinafter referred to as “User(s),” “you” and “your”) can connect and communicate with other Users, as well as upload, post and share content. Such content is in the form of User Submitted Content as defined below and content submitted by you (“Your Submitted Content”).

2. User Accounts

2.1 Account Registration. If you choose to create an account, you will be asked to provide certain registration details or other information, such as first and last name, user name, password and email address. You must maintain a valid and up-to-date payment method on file in your account at all times. You are solely responsible for keeping your account secure and you should never share your account credentials with anyone. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your personal information. You are solely responsible for your account and we are not liable for any acts or omissions by you in connection with your account or as a result of your account being compromised. You agree to immediately notify us if you discover or otherwise suspect any security issues related to the Service or your account (you can contact us at hello@plaiir.com).

You agree that all information you provide to register with or use the Services or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

3. Age Restrictions; Age Verification.

No Use By Underage Persons. The Plaiir services are intended only for legal adults. No persons under the age of eighteen (18) years (or the age of majority in places where eighteen (18) years is not the age of majority) are authorized to attempt, directly or indirectly, to view, download, possess, or otherwise use the Plaiir services.

You Must Be A Legal Adult. By accepting these terms, creating a user account, and entering a date of birth for age verification purposes, you affirmatively represent and warrant that (i) you are currently eighteen (18) years of age or over (or the age of majority in places where eighteen (18) years is not the age of majority); and (ii) you are capable of lawfully entering into and performing all the obligations set forth in these terms.

Age Verification. You agree to provide accurate age information upon registration and acknowledge that failure to do so may result in restricted access to content. Plaiir requires Users to verify their age through one or more of the following methods: (i) submission of valid government-issued photo identification, (ii) verification through third-party age verification services, or (iii) other reliable age verification mechanisms as determined by Plaiir. Plaiir reserves the right to implement additional measures to verify user age and enforce content access restrictions in accordance with applicable laws and regulations. Plaiir disclaims any liability for issues arising from inaccurate age information provided by users and for any consequences resulting from the access restrictions imposed. User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any User’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Users to provide additional forms of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Users, including through the use of third party service providers, and (ii) screen Users against third party databases or other sources and request reports from service providers.

4. Using Plaiir

4.1. Third Party Content. Content from other users is made available to you through Plaiir. "User Submitted Content” means any work of authorship or information, including User profiles, User bios, comments, opinions, postings, images, videos, photos, albums, data or other materials you find on Plaiir generated by Users.

Plaiir is a sex-positive platform. You understand that when using the Services, you may be exposed to User Submitted Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submitted Content. We do not endorse any User Submitted Content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submitted Content. You further understand and acknowledge that you may be exposed to User Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and agree to indemnify and hold us, our owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Services.

In accordance with Section 230 of the U.S. Communications Decency Act, and any equivalent or similar laws in other jurisdictions which are intended to exclude or limit the liability of online service providers who provide access to user-generated content, we generally cannot be held liable for claims arising from the content provided by third parties on Plaiir.

4.2. Plaiir Community Guidelines and Prohibited Uses.

Plaiir’s Community Guidelines, located at https://www.plaiir.com/community-guidelines (the “Guidelines”), as amended from time to time, are hereby incorporated into these Terms by reference. Please read the Guidelines carefully before using the Services. The Guidelines apply to Your Submitted Content and activity on the Plaiir Services, as well as interactions you may have with other Users off of the Plaiir Services.

You represent and warrant that you will use Plaiir solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have towards us and any third parties. You are solely responsible for any and all of Your Submitted Content. You agree that by submitting or authorizing Your Submitted Content for use on Plaiir, you have reviewed and understood our Community Guidelines. You understand that you may expose yourself to liability if Your Submitted Content or other use of Plaiir violates applicable law or any third-party right.

Without limiting the generality of the foregoing, you agree to use the Services in accordance with the provisions below:

You will only use the Services in accordance with the laws of your jurisdiction.

You may not use our Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You will be respectful and considerate of other users and do your part to make Plaiir a safe, supportive community for all users.

You will not impersonate another person, or their email address, or misrepresent your current or former affiliation with an employer and/or coworker.

You will not create user accounts under false or fraudulent pretenses; create or use an account for anyone other than yourself; or create multiple active user accounts.

You will not post content that you do not own or have the right to post in accordance with the license set forth in these Terms.

You will not violate these Terms, the terms of your agreements with us, explicit restrictions set forth in our Community Guidelines, or any applicable law, rule or regulation.

You will not post content that is defamatory, libelous, or fraudulent; that you know to be false or misleading; or that does not reflect your honest opinion and experience.

You will not post content or otherwise act in a manner that is harassing, threatening, bullying, abusive, vulgar, inflammatory, pornographic racist, sexist, bigoted, or is otherwise objectionable (as determined by Plaiir).

You will not use the Services if you are not a legal adult; you will not communicate with another User that you know or believe may not be a legal adult; and you will immediately report any profiles or content that you believe are from minors or that depict minors on the Services, and you can report a user directly within the Services or via email to hello@plaiir.com.

You will not include material on your personal profile page or affiliated with your account which contains video, audio, photographs, or images of any person under the age of eighteen (18) at all or any person over the age of eighteen (18) without his, her, or their express permission.

You will not disclose information in violation of any legally enforceable confidentiality, non-disclosure or other contractual restrictions or rights of any third party.

You will not violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third-party.

You will not imply a Plaiir endorsement or partnership of any kind without our express written permission.

You will not introduce software or automated agents to Plaiir, or access Plaiir so as to produce multiple accounts, generate automated messages, or to scrape, strip or mine data from Plaiir without our express written permission.

You will not "frame" or "mirror" or otherwise incorporate part of Plaiir into any website, or "deep-link" to any portion of Plaiir without our express written permission.

You will not use the Services; any Plaiir Intellectual Property (as defined below) or User Submitted Content (excluding your Submitted Content); or any other data, output, or information received or derived from the Services, to directly or indirectly create, develop, customize, train, test, or otherwise improve any AI Technology. “AI Technology” means any machine learning or other artificial intelligence algorithm, model, model weights, parameters and hyperparameters, software, tool, system or technology, including, without limitation, any and all software and systems that make use of or employ deep learning or other neural networks, statistical learning algorithms, or reinforcement learning.

You will not copy, modify or create derivative works of Plaiir, Plaiir Intellectual Property and User Submitted Content (excluding Your Submitted Content) without our express written permission).

You will not sell, resell, rent, lease, loan, trade or otherwise monetize access to Plaiir without express written permission.

You will not sell, resell, rent, lease, loan, trade or otherwise monetize access to any User Submitted content (excluding Your Submitted Content) without express written permission from such User.

You will not interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of Plaiir.

You will not interfere with, disrupt, or create an undue burden on Plaiir or the networks or services connected to Plaiir.

You will not introduce any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to Plaiir; or attempt to circumvent any security feature of Plaiir.

4.3. Enforcement by Plaiir. While Plaiir has no obligation to do so, Plaiir reserves the right to review and delete any content including Your Submitted Content (or portion thereof) that we believe, in our sole discretion, violates these Terms or other applicable policies posted on Plaiir (including our Community Guidelines), or that we deem, in our sole discretion, inappropriate. Plaiir also reserves the right to delete or hide Your Submitted Content if requested by an individual who is identified in Your Submitted Content. If you see any content on Plaiir that you believe violates our policies, you may report that content by contacting us at hello@plaiir.com. Once notified, we will review the content and consider whether to remove it (or a portion thereof). You understand and agree that if we choose not to remove or edit content that you find objectionable, that decision will not constitute a violation of these Terms or any agreement we have with you.

Violations can also result in a temporary or permanent restriction from Plaiir, terminating your account; reporting you to law enforcement, regulatory authorities, or administrative bodies; and taking legal action against you.

YOU WAIVE AND HOLD HARMLESS US, OUR LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SUCH PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

5. Rights to Your Submitted Content

In connection with Your Submitted Content, you represent and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize Plaiir to use, all intellectual property and any other proprietary rights in and to any and all of Your Submitted Content to enable inclusion and use of Your Submitted Content in the manner contemplated by the Services and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Your Submitted Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Your Submitted Content in the manner contemplated by the Services and these Terms.

For clarity, we do not own Your Submitted Content but you grant us the rights to use Your Submitted Content as set forth below. You hereby grant, and you represent and warrant that you have the right to grant, to Plaiir an irrevocable (subject to applicable law and our Privacy Policy), perpetual, nonexclusive, transferrable, sublicensable (through unlimited tiers of sublicensees), royalty-free and fully paid worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit Your Submitted Content, for the purposes of including Your Submitted Content in the Services and/or developing, maintaining and improving the Services in accordance with our Privacy Policy (including, without limitation, to directly or indirectly create, develop, train, test, deploy, operate, and otherwise improve the Services), and as otherwise permitted by these Terms. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to Your Submitted Content. You also hereby grant to Plaiir, in connection with a sale of Plaiir or the assets of Plaiir, the right to sell or transfer the User Submitted Content to a third party. No compensation will be paid with respect to the content that you post through Plaiir. You should only submit content to Plaiir that you are comfortable sharing with others under the terms and conditions of these Terms.

You understand and acknowledge that you are responsible for any content you submit or contribute, and you, not us, are fully responsible for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Services. We cannot guarantee the identity of any other users with whom you may interact in the course of using the Services, or the authenticity of any data which users may provide about themselves. You acknowledge that all content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

6. Plaiir Proprietary Rights

With the exception of User Submitted Content, the Services and all past, present and future content of the Services, including all software, hardware and technology used to provide the Services (including our proprietary code and third-party software), user interfaces, materials displayed or performed on the Services, such as text, graphics, articles, photographs, images, music, illustrations and the design, structure, sequence and “look and feel” of the Services, and all other intellectual property, including all trademarks, service marks, logos, or any other trade name, trademarks, service marks and other distinctive or proprietary brand features of us (collectively, “Plaiir Intellectual Property”), are (i) owned by us, our licensors or other providers of such material, (ii) protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, (iii) are intended solely for the personal, non-commercial use of our users, and (iv) may only be used in accordance with these Terms.

With the exception of Your Submitted Content, using the Services does not give you ownership of any Plaiir Intellectual Property, intellectual property rights in the Services or any content on the Services. You may not use Plaiir Intellectual Property, content from the Services, including User Submitted Content of others, unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any of our technology or Plaiir Intellectual Property. You may not remove, obscure, or alter any copyright or other legal notices displayed in or along with the Services.

No right, title or interest in or to the Services, Plaiir Intellectual Property or any content on the Services is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

We cannot protect or advise you on your intellectual property rights, and we cannot and do not take any responsibility for doing so.

7. Infringement

We do not knowingly permit infringement of intellectual property rights on the Services, and will remove all content if properly notified that such content infringes on another’s intellectual property rights. We reserve the right to remove content without prior notice. We will also terminate a User’s access to the Services, if a User is determined to be a repeat infringer.

If you believe that your copyrighted work has been unlawfully copied and is accessible on the Services in a way that constitutes copyright infringement, please send a notice of copyright infringement to:

hello@plair.com

In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must substantially include:

Your full name and electronic signature.

Your mailing address, phone number and email address (at which you can be contacted by us or the alleged infringer).

A statement that you are the owner, or are authorized to act on behalf of the owner, of the copyright that is allegedly infringed, and that the information in your notice is accurate.

A statement that you have a good faith belief that the disputed use of the copyrighted materials is not authorized by the copyright owner, its agent or by law, such as fair use.

A description of the copyrighted work(s) that you claim has been infringed.

A description of the location of the copyrighted materials on the Services.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

If you believe that material you posted on the Services was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:

Your physical or electronic signature.

An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.

Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Services may be found) and that you will accept service from the person (or an agent of that person) who provided the Services with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

8. Subscriptions; Trials; Payments; Cancellations

8.1 Subscriptions. The Services may be available only through creation of a User account and payment of a fee (“Subscription Services”). Through such accounts, you will have access to such Subscription Services for a fixed term, which will automatically renew, and your payment method will be charged the then-current renewal prices (plus any applicable taxes) automatically, without any additional action by you unless you cancel as set forth herein. The term, renewal period, and the total cost of each Subscription Services offering will be provided within the Services or otherwise where the Services are offered. All of the Services, including availability and price, are subject to change at any time without notice. We reserve the right, with or without prior notice to limit the availability of or to discontinue any Service; to impose conditions on any promotion; to bar any user from making any payment; and/or to refuse to provide any user with any Service.

8.2 Trials. Access to Subscription Services may from time to time be made available on a time-limited free or discounted trial basis (a “Trial”). Please note that these Terms also apply to any Trial. You may be asked to provide your credit or debit card information when registering for a Trial. For free Trials that auto renew, your credit or debit card will only be charged if you do not cancel your Trial before the end of the Trial period. Deleting your account or deleting the application from your device does not cancel your Trial. If we ask for your credit or debit card information and you do not affirmatively cancel before the end of the Trial, then your Trial will be automatically converted into a paid subscription and your credit or debit card will be charged the subscription fee in effect at the time your Trial first began and will continue to automatically renew for subsequent terms unless and until you cancel in accordance with the procedures set forth herein.

8.3 Payments. All payments between Plaiir and Users are processed through Stripe, a third-party payment service provider. By using the Plaiir Service, you acknowledge and agree that Stripe is responsible for processing such payments, and Plaiir is not responsible for any issues, errors, or disputes arising from or related to the payment process. You agree to comply with Stripe’s terms and conditions, which govern your use of their services. Plaiir disclaims any liability for any actions or omissions of Stripe. Users acknowledge that payment processing services may be subject to temporary interruptions or outages due to technical issues, maintenance, or other factors beyond Plaiir's control. In such events, Plaiir shall not be liable for any delays, failed transactions, or other disruptions to payment processing.

8.4 Cancellations. You may terminate your Subscription Services subject to these Terms at any time by sending us an email at hello@plair.com or by updating your subscription settings in your User account. All previously paid amounts are non-refundable and you will not receive a refund for the current Subscription Services period. All sales are final.

9. Disclaimer of Representations and Warranties

CERTAIN STATE, PROVINCIAL, AND NATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

THE PLAIIR SERVICES AND ANY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PLAIIR SERVICES ARE PROVIDED, TO THE FULLEST EXTENT PERMITTED BY LAW, “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. PLAIIR, ITS SUPPLIERS, AND LICENSORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

PLAIIR, ITS SUPPLIERS AND LICENSORS, DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PLAIIR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLAIIR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

PLAIIR, ITS SUPPLIERS, AND LICENSORS (INCLUDING PLAIIR’S THIRD-PARTY WIRELESS CARRIER LICENSORS) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY LOCATION INFORMATION OR THE OTHER PLAIIR SERVICES IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT PLAIIR OR ITS SUPPLIERS, OR LICENSORS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICES OR EQUIPMENT NECESSARY TO ACCESS THE PLAIIR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE PLAIIR SERVICES AT YOUR OWN DISCRETION AND RISK.

PLAIIR TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER MEMBER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE PLAIIR SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLAIIR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

PLAIIR DISCLAIMS AND TAKES NO RESPONSIBILITY FOR ANY OF THE THINGS OUR USERS SAY OR DO, ON OR OFF THE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE PLAIIR SERVICES AND YOUR INTERACTIONS WITH OTHER USERS (WHETHER ON OR OFF THE PLAIIR SERVICES). PLAIIR MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS.

WE WILL NOT BE RESPONSIBLE FOR ANY DELAY OR FAILURE TO COMPLY WITH OUR OBLIGATIONS UNDER THESE TERMS OR FOR ANY SERVICE FAILURE IF THE DELAY OR FAILURE ARISES FROM ANY FORCE MAJEURE EVENT OR ANY CAUSE WHICH IS BEYOND OUR REASONABLE CONTROL.

10. Limitations of Liability

THE DISCLAIMERS AND LIMITATIONS ON LIABILITY IN THESE TERMS APPLY TO THE MAXIMUM EXTENT ALLOWABLE UNDER APPLICABLE LAW. NOTHING IN THIS SECTION IS INTENDED TO LIMIT ANY RIGHTS YOU HAVE WHICH MAY NOT BE LAWFULLY LIMITED.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL PLAIIR (WHICH INCLUDES, FOR PURPOSES OF THIS SECTION 10, ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY LICENSORS OR SUPPLIERS) BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, MULTIPLE, OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES RELATING TO ANY ACCIDENT, PHYSICAL OR MENTAL INJURY, DEATH, LOSS, OR OTHER CAUSE, OR TO ANY LOSS OF DATA, OR GOODWILL OR OTHER INTANGIBLE LOSS) RELATED TO OR RESULTING FROM: (A) YOUR USE OF THE PLAIIR SERVICES; (B) OUR DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR LOCATION INFORMATION; (C) YOUR USE OR INABILITY TO USE THE PLAIIR SERVICES; (D) THE PLAIIR SERVICES GENERALLY (INCLUDING THE PLAIIR SOFTWARE) OR SYSTEMS THAT MAKE THE PLAIIR SERVICES AVAILABLE; OR (E) ANY OTHER INTERACTIONS WITH PLAIIR OR ANY OTHER USER OF THE PLAIIR SERVICES, REGARDLESS OF WHETHER PLAIIR OR A PLAIIR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PLAIIR'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNTS PAID BY YOU TO PLAIIR IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS AND, TO THE EXTENT PERMITTED BY LAW, WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL PLAIIR’S (OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, SUPPLIERS’, OR THIRD-PARTY LICENSORS’ OR SUPPLIERS’) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLAIIR SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE PLAIIR SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR FIFTY ($50) DOLLARS, WHICHEVER IS GREATER.

11. Release. To the fullest extent permitted by applicable law, you hereby release and forever discharge Plaiir (and our affiliated companies, contractors, employees, agents, suppliers, licensors, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, emotional distress, identity theft, death, property loss and damage, or any right of contribution, indemnification, or subrogation), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to:

Your access to, use of, or misuse of the Plaiir Services (including your use or misuse of any location data);

User Submitted Content;

Plaiir Intellectual Property and any other content on the Services;

Your interactions with other Users on the Services or off of the Services (including any violation by you of the rights of any other person or entity);

Your breach of these Terms or any other policies governing the Services, including the Guidelines; or

Any third-party site, products, services, and links included on or accessed through the Plaiir Services.

If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “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.”

12. Data Privacy and Personal Information

Plaiir is a U.S. based company. Regardless of where you use our Services or provide information to us, including your Personal Information as defined in our Privacy Policy, the information may be transferred to and maintained on servers located inside and outside the U.S., including to countries outside the European Economic Area (“EEA”). By using our Services you acknowledge, agree and consent to the transfer and processing of your Information both inside and outside of the U.S. and in accordance with the Privacy Policy and U.S. law.

No information transmitted over the Internet can be guaranteed to be secure. We cannot guarantee the security of any Information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorized disclosures of information, we cannot assure you that Information that we collect and that you give us will not be disclosed in a manner that is inconsistent with this Privacy Policy. You assume all such risks with regards to your use of the Services. You understand that information you provide to us in connection with the Services may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

13. Third Party Sources

The Services may link to independent third-party websites, applications or social media widgets (“Third-Party Sources”). We are not liable for the availability or accuracy of such Third-Party Sources, and you assume all risk in using them. By your use of Third-Party Sources that connect with the, you acknowledge and agree that Plaiir may transmit User Submitted Content, including Your Submitted Content, to Third-Party Sources through application protocol interfaces developed and maintained by those Third-Party Sources. Plaiir is not responsible for the transmission of the User Submitted Content from the Services to Third-Party Sources, nor the use of the User Submitted Content on any Third-Party Sources. When you link to them, these Third-Party Sources may place cookies and other tracking technologies on your computer and may have different rules for using or sharing any personal information you submit to them. We encourage you to read their terms of service and privacy policies before submitting your personal information. When you access Third-Party Sources or interact or communicate with third parties, including other users, through the Services, you do so at your own risk. We are not responsible for the actions, content, information, data, practices, policies or opinions of any third parties, including other Users. You are solely responsible for your interactions with other Users, and any other parties with whom you interact through the Services. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any other person.

14. Licenses Granted

We grant to you a revocable, non-transferable, nonexclusive, limited and non-assignable license to access and use the Services in accordance with these Terms. We reserve all other rights in the Services not expressly granted to you.

15. User Submissions

We do not accept unsolicited suggestions and/or ideas. All inquiries, feedback, suggestions, ideas, criticism or other information that you provide to us concerning the Services (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. By transmitting or posting any Submission, you hereby grant us full ownership of the Submission as if we had created, developed and posted the Submission for its own purposes, with no obligation to pay you royalties or any other compensation. Please note this is different from User Submitted Content, which is addressed above. We reserve the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as it sees fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with our products or Services. You also acknowledge that Submissions will not be returned and we may use Submissions, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products and/or services.

If you make a Submission, you represent and warrant that you own or otherwise control the rights to the Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.

16. Electronic Delivery Statement and Your Consent

You agree to receive legal notices and other information concerning us or the Services electronically, including notice to any email address that you may provide.

17. Term and Termination

These Terms will remain in effect until terminated by you or us. We reserve the right to terminate or change the Services or your access to the Services, without notice, at any time and for any reason, including your violation of these Terms or for business reasons. We also reserve the right to pursue any additional remedies available in law or equity.

You agree that we may, for any reason and without notice to you, immediately terminate or otherwise restrict your access to the Services. We have no obligation to maintain, store, or transfer your information including Your Submitted Content that you have posted on or uploaded to the Services.

The proprietary rights, disclaimer of warranties, limitation of liability, release, jurisdictional, limitation of time to file claims, indemnification and arbitration provisions survive any termination.

18. Indemnification

You agree, to the fullest extent permitted under applicable law, to indemnify, defend, and hold Plaiir (and its affiliated companies, contractors, employees, agents, suppliers, licensors, successors, and assigns) harmless from any and all claims, demands, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees or any right of contribution, indemnification, subrogation, or any similar right, brought by a third party arising out of or in any way related to:

Your access to, use of, or misuse of the Services (including any negligent acts, omissions or willful misconduct by you and your use or misuse of any location data);

User Submitted Content;

Plaiir Intellectual Property and any other content on the Services;

Your interactions with other user on the Plaiir Services or off of the Plaiir services (including any violation by You of the rights of any other person or entity);

Your breach of these Terms or any other policies governing the Plaiir Services, including the Guidelines; or

Any third-party site, products, services, and links included on or accessed through the Plaiir Service.

Plaiir reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Us, and you will not in any event settle any claim without our prior written consent. You agree to cooperate with our defense of these claims. This defense and indemnification obligation is intended to extend to the fullest extent permitted by law and will survive these Terms and your use of the Plaiir Services.

19. Changes to these Terms

We may modify these Terms at any time in our sole discretion by posting a revised version on our website at [TERMS OF SERVICE URL] and our related mobile application. Changes will not apply retroactively and will only become effective when (i) you use the Services after you are notified about the change, or (ii) thirty days after they are posted (whichever is sooner). However, changes addressing new functions for the Services or changes made for legal reasons will be effective immediately. We will also update the Last Modified Date at the top of these Terms accordingly. Your continued use of the Services after the Last Modified Date signifies your knowledge about and consent to the modified Terms. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. If the modified Terms are not acceptable to you, you should not access or use the Services after the Last Modified Date. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.

20. Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these Terms or the Services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred.

21. Choice of Law

You agree that the laws of the State of New York and U.S. federal law govern these Terms, your use of the Services, and any claim or dispute that you may have against us, without regard to New York’s conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

22. Binding Arbitration and Jurisdiction

In the rare event you have a dispute with us, we encourage you to contact us immediately so we can work together toward a satisfactory resolution. If we cannot come to a resolution, you agree that any claims, disputes, demands, counts, controversies, or causes of action between you and us arising out of or relating to these Terms, the Services, including the enforceability of these Terms or our Privacy Policy or information practices will be finally and exclusively resolved by binding arbitration on an individual basis only (except as stated below). The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding, unless we provide express prior written consent.

YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHT TO HAVE YOUR CLAIMS HEARD IN COURT BY A JUDGE OR JURY. AN ARBITRATION AWARD IS AS ENFORCEABLE AS A COURT ORDER AND IS SUBJECT TO ONLY LIMITED REVIEW BY A JUDGE. YOU ALSO UNDERSTAND AND AGREE THAT THIS ARBITRATION PROVISION PREVENTS YOU FROM PARTICIPATING AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Arbitration will be subject to the Federal Arbitration Act, and shall be commenced and conducted by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, as amended by this provision, by one arbitrator that is acceptable to both parties. You can find out more about AAA and how to file an arbitration claim at www.adr.org or by calling 800-778-7879.

Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA rules and, where appropriate, limited by the AAA Consumer Rules. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent arbitration from being cost-prohibitive. In such case, we will make arrangements to pay all necessary fees directly to the AAA. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse us for all fees associated with the arbitration paid by us on your behalf, which you otherwise would be obligated to pay under the AAA’s rules.

The arbitration will be conducted through written submission, unless the arbitrator determines that a telephonic hearing is required. Except as otherwise provided in these Terms, you and we may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. In the event this arbitration provision is held unenforceable by a court, or in the event AAA refuses to arbitrate the dispute, all controversies, disputes, demands, counts, claims, or causes of action between you and us shall be exclusively brought in the state or federal courts of New York.

23. Severability and Integration

These Terms and any supplemental terms, policies, rules and guidelines posted on the Services constitute the entire agreement between you and us. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The paragraph headings used herein are for convenience only and shall not be used to limit any portion of these Terms of Service.

24. General Provisions

You may not assign these Terms without our prior written approval. However, Plaiir may at any time and for any reason transfer or assign without restriction these Terms and the obligations contained in the terms to an affiliate, subsidiary or third party. You hereby acknowledge and agree that if another company acquires our company, business, or our assets, that transaction may include a sale or transfer of Your Submitted Content, and you agree to such transfer without further action or confirmation. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Services. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

25. Contact Information

The Services are operated by Plaiir Inc. All feedback, comments, requests for technical support and other communications relating to the Services should be directed to us at: hello@plaiir.com.