Terms of Service

Last modified: 4/10/2024

Section 230(d) Notice

Under 47 U.S.C. § 230(d), you are notified that parental control protections (including computer hardware, software, or filtering services) are commercially available that might help in limiting access to material that is harmful to minors. You can find information about providers of these protections on the Internet by searching “parental control protection” or similar terms. If minors have access to your computer, please restrain their access to sexually explicit material by using these products, which Figura provides for informational purposes only and does not endorse: CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP.

Acceptance of the Terms of Service

These terms of service are entered into between you and Figura Labs, Inc., a Delaware corporation (“Figura,” “we,” or “us”). The following terms and any documents they reference (collectively, “agreement”) govern your access to and use of the Website, including any content, functionality, and services offered on or through the Website, whether as a guest or a registered user.

Please read this agreement carefully before you start to use the Website. By using the Website or by clicking to agree to the agreement when that option is made available to you, you agree to be bound and abide by this agreement. If you do not want to agree to this agreement, you must not access or use the Website.

This agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

This Website is offered and available to Users who are 18 years of age or older. By using this Website, you state that (1) you are at least 18 years old, (2) you are of legal age to form a binding contract with Figura, and (3) are not prohibited from accessing or viewing adult-oriented content. If you do not meet all these requirements, you must not access or use the Website.

Definitions

In this agreement, the following definitions apply:

“Payment Method” means a current, valid, accepted method of payment, as may be updated on one or more occasions.

“Service” means the AI companion platform powered by artificial intelligence (“AI”) chatbots.

“Subscription” means a paid subscription for a limited period to use premium features in connection with the Service.

“User” means an individual who is at least 18 years old and the age of majority in the jurisdiction where they live who has a Subscription or rightfully accesses the Website.

“Website” means the website located at https://figura.chat/.

Changes to the Agreement

We may revise and update this agreement on one or more occasions. The Website will require you to review and agree to the amended agreement before you can continue using the Website. All changes are effective immediately when we post them and apply to all access to and use of the Website afterward. But any changes to the dispute resolution provisions set out in this agreement will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website after the posting of the revised agreement means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.

Nature of the Website

The Website is an AI companion platform that provides access to interactive chat services powered by AI bots. These AI bots have been designed to engage in adult-themed conversations, providing a unique and immersive experience.

The content on this Website is generated using our proprietary AI technology. We cannot guarantee that the content generated will match your preferences or desires, as our technology is continually improving and evolving. It is important to note that all content generated on this Website is purely fictional and is not meant to represent any real individuals, living or deceased. Any resemblances to real people or events are purely coincidental.

Please be aware that all interactions on the Website are solely with AI bots and no live humans are involved in the conversations (other than yourself). The AI bots have been programmed to simulate human-like responses based on extensive training data. However, they are not capable of real emotions, consciousness, or understanding. The content provided by the AI bots is for entertainment purposes only and should not be considered professional advice.

Please note that while our AI chat capabilities strive to provide an exceptional experience, there might be instances where the results might not meet your expectations. As with any emerging technology, AI systems are continuously evolving, and improvements are being made daily. We want to be transparent and inform our users that the technology is still in its early stages and far from perfect. When registering on Figura, Users agree to the limitations of the system and acknowledge that the results of the chat generation might occasionally fall short. We appreciate your understanding as we work to enhance and refine our platform to provide the best possible experience for our Users.

Agreement to View Adult Material

The Website is designed and intended solely for adults who are interested in and wish to have access to AI-generated visual images, verbal descriptions, and audio sounds of a sexually oriented, and erotic, nature. The material available on the Website includes AI-generated graphic visual depictions and descriptions of nudity and sexual activity and must not be accessed by anyone under the legal age in their respective jurisdiction or by those who do not wish to be exposed to that material. If you do not meet these requirements, you must not access the Website and must leave now. We will not be responsible to you if you suffer any loss or damage as a result of your accessing or viewing this Website in a way that places you in breach of any contract you have with a nonparty (for example, your employment contract) or in breach of any law.

Child Sexual Abuse Material (“CSAM”) Prohibited

We prohibit material involving minors on the Website. We only allow visual media of consenting adults for consenting adults on the Website. If you see any visual media, real or simulated, depicting minors engaged in sexual activity on the Website or that is otherwise exploitative of children, please promptly report this to us at [email protected]. Please include with your report all appropriate evidence, including the date and time of identification. We will promptly investigate all reports and take proper action. We cooperate with any law enforcement agency investigating alleged child exploitation or CSAM.

Territory

The Website is for use within a limited territory that excludes all jurisdictions where the content is illegal or subject to age verification measures. Figura is not making any statement that the Website or its content is accessible or appropriate in your jurisdiction. If you access the Website, you do so on your own initiative and are responsible for complying with all local laws.

Accessing the Website

We may withdraw or amend this Website, and any service or material we provide on the Website, without notice. We will not be liable if, for any reason, any part of the Website is unavailable. On one or more occasions, we may restrict access to some parts of the Website, or the entire Website, to Users.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Website.

• Ensuring that all persons who access the Website through your internet connection are aware of this agreement and comply with it.

Account Security

To access the Website or some of the resources it offers, you might be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is accurate. All information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take regarding your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat that information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and you must not provide any other person with access to this Website or portions of it using your username, password, or other security information. You must notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also must ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others cannot view or record your password or other personal information.

We may disable any username, password, or other identifier, whether chosen by you or provided by us, for any reason, including if, in our opinion, you have violated any provision of this agreement.

Communication Preferences

By registering for an account, you hereby consent to receive electronic communications from us about your account. Communications might involve sending emails to your email address given during registration or posting communications on the Website. Communications will include notices about your account (e.g., payment authorizations, change in login credentials or Payment Method, confirmation emails, and other transactional information) and are part of your relationship with us. You acknowledge that any notices, agreements, disclosures, or other communications we send you electronically will satisfy any legal communication requirements, including that these communications be in writing. We recommend that you keep copies of electronic communications by printing a paper copy or saving an electronic copy. You also hereby consent to receive other communications from us, including newsletters about new features and content, special offers, promotional announcements, and customer surveys by email or other methods. You acknowledge that communications you receive from us might contain sexually explicit material unsuitable for minors. If you no longer want to receive non-transactional communications, please review the Privacy Policy regarding opting out of marketing communications.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all AI chatbots, information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of it) are owned by Figura, its licensors, or other providers of that material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

This agreement allows you to use the Website for your personal, noncommercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of those materials in RAM incidental to your accessing and viewing those materials.

• You may store files that are automatically cached by your Web browser for display enhancement purposes.

• You may print or download one copy of a reasonable number of pages of the Website for your own personal, noncommercial use and not for further reproduction, publication, or distribution.

• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, noncommercial use, on condition that you agree to be bound by our end user license agreement for those applications.

• If we provide social media features with certain content, you may take those actions as are enabled by those features.

You must not:

• Modify copies of any materials from this Website.

• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.

• Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of this agreement, your right to use the Website will terminate immediately, and you must, at our option, return or destroy any copies of the materials you have made. No interest in the Website or any content on the Website is transferred to you, and Figura reserves all rights not granted. Any use of the Website not permitted by this agreement is a breach of this agreement and might violate copyright, trademark, and other laws.

Trademarks

Figura’s name, the term FIGURA, and all related names, logos, product and service names, domain names, designs, and slogans are trademarks of Figura or its affiliates or licensors. You must not use those marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You must use the Website and the Service only for lawful purposes and in accordance with this agreement. You must not use the Website or the Service:

• In any way that violates any federal, state, local, or international law or regulation (including, without limitation, any laws regarding exporting data or software to and from the US or other countries).

• To exploit, harm, or try to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

• To harm yourself or others—for example, don’t use our Service to promote suicide or self-harm, develop or use weapons, injure others or destroy property, or engage in unauthorized activities that violate the security of any service or system.

• To repurpose or distribute output from our Service to harm others—for example, don’t share output from our Service to defraud, scam, spam, mislead, bully, harass, defame, discriminate based on protected attributes, sexualize children, or promote violence, hatred, or the suffering of others.

• To send, knowingly receive, upload, download, use, or reuse any material that does not comply with the Content Standards set out in this agreement.

• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

• To impersonate or try to impersonate Figura, a Figura employee, another User, or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the preceding).

• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or that, as we determine, might harm Figura or the Users or expose them to liability.

Additionally, you must not:

• Use the Website in any way that could disable, overburden, damage, or impair the Website or interfere with any other person’s use of the Website, including their ability to engage in real-time activities through the Website.

• Conduct, facilitate, authorize, or permit any text or data mining or web scraping regarding the Website or any services provided through, or concerning, the Website. This includes using (or permitting, authorizing, or attempting to use): (1) any “robot,” “bot,” “spider,” “scraper,” or other automated device, program, tool, algorithm, code, process, or methodology to access, obtain, copy, monitor, record, or republish any part of the Website or any data, content, information, or services accessed through the Website; or (2) any automated analytical technique aimed at analyzing text and data in digital form to generate information that includes but is not limited to patterns, trends, and correlations.

• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not authorized in this agreement, without our prior written consent.

• Use any device, software, or routine that interferes with the Website’s proper working.

• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

• Try to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

• Attack the Website by a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise try to interfere with the Website’s proper working.

Content

You may provide input to the Service (“Input”) and receive output from the Service based on the Input (“Output”; together with Input, “Content”). You are responsible for Content, including ensuring that it does not violate any law or this agreement. You state that you have all rights, licenses, and permissions needed to provide the Input to our Service.

To the extent permitted by law, (1) you retain ownership rights in the Input, and (2) we own the Output. You hereby assign us all of your interest, if any, in the Output.

All Input must comply with the Content Standards set out in this agreement.

Due to the nature of our Service and artificial intelligence generally, output might not be unique and other Users may receive similar output from our Service.

We may use Content to provide, maintain, develop, and improve our Service, comply with law, enforce our agreement, and keep our Service safe.

If you do not want us to use your Input to train our models, you can opt out through your account settings.

When you use our Service, you acknowledge that Output is for entertainment purposes only, and you should not rely on it as a source of truth or factual information or as a substitute for professional advice.

You acknowledge that our Service may provide incomplete, incorrect, or offensive Output that does not represent Figura’s views.

Monitoring and Enforcement; Termination

We may:

• Remove any Content for any reason.
• Take any action regarding any Content that we consider necessary or appropriate, including if we believe that the Content violates this agreement, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of the Users or the public, or could create liability for Figura.
• Disclose your identity or other information about you to any nonparty who claims that your Input violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
• Terminate or suspend your access to all or part of the Website for any reason, including without limitation, any violation of this agreement.

Without limiting the preceding, we may cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. You hereby waive and shall indemnify Figura and its affiliates, licensees, and service providers against any claims resulting from any action taken by any of the preceding parties during, or taken because of, investigations by either those parties or law enforcement authorities.

However, we do not review material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any User or nonparty. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to all Input and use of the Service. Input must, in its entirety, comply with all federal, state, local, and foreign laws and regulations. Without limiting the preceding, Input must not:

• Contain any material that is illegal under local, state, federal, or international law, including but not limited to child sexual abuse material (CSAM), drug trafficking, and content promoting illegal activities.
• Depict or promote nonconsensual sexual acts, violence, or exploitation of individuals in any form.
• Involve or appear to involve minors (persons under the age of 18) in sexual or suggestive situations.
• Promote, glorify, or depict extreme violence, self-harm, suicide, or physical harm to individuals or animals.
• Promote, glorify, or incite hatred, violence, discrimination, or bigotry based on race, ethnicity, religion, gender, sexual orientation, disability, or any other characteristic.
• Harass, bully, or defame individuals or groups, or promote intimidation or coercion.
• Violate the privacy of others, including sharing private or personal information without consent, doxing, or revenge porn.
• Infringe on copyright, trademark, or other intellectual property rights without authorization.
• Deliberately spread false information, deceives users, or promotes scams and fraudulent schemes.
• Support or promote terrorist organizations, extremist ideologies, or any content that is used to radicalize and recruit.
• Be legally obscene, lack serious literary, artistic, political, or scientific value, and depict sexual conduct in an offensive way.
• Involve impersonating an individual or entity in a misleading or deceptive manner.

Copyright Infringement

If you believe that any Content violates your copyright, please see our DMCA Policy for instructions on sending us a notice of copyright infringement. Figura’s policy is to terminate the User accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We are not making any statement about the accuracy, completeness, or usefulness of this information. Any reliance you place on that information is at your own risk. We will not be liable for any reliance placed on those materials by you or any other visitor to the Website, or by anyone who might be informed of any of its contents.

This Website might include content provided by nonparties, including materials provided by nonparty licensors. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Figura, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect Figura’s opinion. We are not responsible, or liable to you or any nonparty, for the content or accuracy of any materials provided by any nonparties.

Changes to the Website

We may update the content on this Website on one or more occasions, but its content is not necessarily complete or up to date. Any of the material on the Website might be outdated at any given time, and we are not required to update that material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you hereby consent to all actions taken by us regarding your information in compliance with the Privacy Policy.

Subscriptions

If you purchase a Subscription, you will provide accurate billing information, including a Payment Method. For Subscriptions, we will automatically charge your Payment Method on each agreed-on periodic renewal until you cancel. You are responsible for all applicable taxes, and we will charge tax when required. If your payment cannot be completed, we may downgrade your Subscription or suspend your access to that Subscription until payment is received.

You can cancel your Subscription at any time, and you will continue to have access to your Subscription through the end of your billing period. To cancel, contact the payment processor identified in the receipt emailed to you or email us at [email protected]. If you cancel your Subscription, your account will automatically close at the end of your current billing period. Payments are nonrefundable, except where required by law. This agreement does not override any mandatory local laws regarding your cancellation rights. You must cancel your Subscription before it renews to avoid billing the fee for the next billing cycle to your Payment Method.

We may change our prices on one or more occasions. If we increase our prices, we will give you at least 30 days’ notice and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase.

If you believe that we have charged your Payment Method in error, you must notify us in writing no later than 30 days after you receive the billing statement in which the error first appeared. If you do not notify us in writing of a dispute within this period, you hereby waive any disputed charges. You must submit any billing disputes in writing through [email protected] and include a detailed statement describing the nature and amount of the disputed charges. We will correct any mistakes in a bill and add or credit them against your future payments.

Linking to the Website and Social Media Features

You may link to our homepage, on condition that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our written consent.

This Website may provide certain social media features that enable you to:

• Link from your own or certain nonparty websites to certain content on this Website.

• Send emails or other communications with certain content, or links to certain content, on this Website.

• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain nonparty websites.

You may use these features solely as they are provided by us solely regarding the content they are displayed with, and otherwise under any additional terms we provide for those features. Subject to the preceding, you must not:

• Establish a link from any website that is not owned by you.

• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

• Link to any part of the Website other than the homepage.

• Otherwise take any action regarding the materials on this Website that is inconsistent with any other provision of this agreement.

You must cooperate with us in causing any unauthorized framing or linking immediately to stop. We may withdraw linking permission without notice.

We may disable any social media features and any links without notice.

Links from the Website

If the Website contains links to other sites and resources provided by nonparties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that might arise from your use of them. If you decide to access any of the nonparty websites linked to this Website, you do so entirely at your own risk and subject to the terms of use for those websites.

Warranty Disclaimers

You acknowledge that we cannot and do not state that files available for downloading from the internet or the Website will be free from loss, corruption, attack, viruses or other destructive code, interference, hacking, or other security intrusions. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output and for keeping a means external to our Website for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that might infect your computer equipment, computer programs, data, or other proprietary material because of your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it.

Your use of the Website, its content, and any services or items obtained through the Website is at your own risk. Figura offers the Website, its content, and any services or items obtained through the Website “as is” and “as available,” without making any warranties, either express or implied. Neither Figura nor any person associated with Figura is making any warranty regarding the completeness, security, reliability, quality, accuracy, or availability of the Website or the Service. Neither Figura nor anyone associated with Figura is making any warranty that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted; that defects will be corrected; that our Website or the server that makes it available are free of viruses or other harmful components; or that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.

You acknowledge that any use of Outputs from our Service is at your sole risk, and you will not rely on Output as a sole source of truth or factual information or as a substitute for professional advice.

To the extent provided by law, Figura is not making any warranties, whether express or implied, statutory, or otherwise, including but not limited to warranties of merchantability, noninfringement, and fitness for a particular purpose.

The preceding does not affect any warranties that cannot be excluded or limited under law.

Limitation of Liability

To the extent provided by law, in no event will the collective liability of Figura and its subsidiaries and affiliates, and their licensors, service providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $100 or the total amount you have paid to Figura for a Subscription in the last six months out of which liability arose.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by services you purchase through the Website.

Some countries and states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above might not apply to you, and you might have additional rights. In that case, this agreement only limits our responsibilities to the maximum extent permissible in your country of residence.

Indemnification

You shall indemnify Figura, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of this agreement or your use of the Website or the Service, including, but not limited to, your Input and any resulting Output, any use of the Website’s content, services, and products other than as authorized in this agreement, or your use of any information obtained from the Website.

Governing Law

Delaware law governs all adversarial proceedings arising out of this agreement or access or use of the Website or the Service.

Equitable Remedies

Each party acknowledges that (1) breach by either party of that party’s obligations under this agreement has the potential to cause irreparable harm for which damages would be an inadequate remedy and (2) if any such breach occurs or is threatened and might cause irreparable harm, each party would want a court to grant the other party an injunction, a restraining order, or any other equitable remedy, in each case without posting a bond or other security and without proof of actual damages.

Dispute Resolution and Binding Arbitration; Class and Jury Trial Waivers

You and Figura are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action regarding a claim. Other rights that you would have if you went to court might also be unavailable or might be limited in arbitration.

As the exclusive means of bringing adversarial proceedings to resolve any dispute arising out of this agreement or access or use of the Website (other than any proceeding brought by a party seeking an injunction, a restraining order, or any other equitable remedy to which that party is entitled under the Equitable Remedies provision), a party may demand that the dispute be resolved by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its consumer arbitration rules (the “AAA Rules”) then in effect, except as modified by this arbitration provision. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act governs the internation and enforcement of this arbitration provision.

The arbitrator will have exclusive authority to resolve any dispute regarding arbitrability or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. Judgment on any award rendered in any such arbitration may be entered in any court having jurisdiction.

Any arbitration begun in accordance with this arbitration provision must be conducted by one arbitrator.

Any arbitration begun in accordance with this arbitration provision must be conducted via a secure online meeting platform such as Zoom or in person in Wilmington, Delaware.

The arbitrator must not award punitive damages in addition to compensatory damages. Each party hereby waives any right to recover any such damages in any arbitration.

If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.

You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intent to do so within 60 days of the date your claim arose. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

You agree to arbitration on an individual basis. In any dispute, neither you nor Figura will be entitled to join or consolidate claims by or against other users in court or in arbitration or otherwise participate in any claim as a class representative, class member, or in a private attorney general capacity. The arbitral tribunal must not consolidate more than one person’s claims and must not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver must only be raised in a court of competent jurisdiction.

If any provision of this arbitration provision is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

Jurisdiction

If either party brings a proceeding seeking an injunction, a restraining order, or other equitable remedy to which that party is entitled under the Equitable Remedies provision, that party may bring that proceeding only in the United States District Court for the District of Delaware or, only if there is no federal subject matter jurisdiction, in a state court of Delaware sitting in Wilmington.

Each party hereby waives any claim that any proceeding brought in accordance with this provision has been brought in an inconvenient forum or that the venue of that proceeding is improper.

Recovering Expenses

In an adversarial proceeding between the parties arising out of this agreement or access or use of the Website, the prevailing party will be entitled to recover from the other party, besides any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses.

Time Limit to Bring Claims

Apart from proceedings arising from a claim for indemnification, neither party may initiate adversarial proceedings to resolve any dispute arising out of this agreement or access or use of the Website more than one year after the date that dispute arose.

Waiver and Severability

No waiver of any provision of this agreement will be effective unless it is in writing and signed by the party granting the waiver. No failure or delay in exercising any right or remedy under this agreement will operate as a waiver of that right or remedy. A waiver granted on one occasion will not operate as a waiver on future occasions.

If any provision of this agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision will be eliminated or limited to the minimum extent so that the remaining provisions of this agreement will continue in full effect.

Entire Agreement

This agreement constitutes the entire understanding between the parties regarding the Website. You acknowledge that because you have not relied on, and will not be relying on, any statements made by Figura regarding the Website, you will have no basis for bringing any claim for fraud in connection with any such statements.

California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

Feedback

We encourage you to provide feedback about the Website. But we will not treat as confidential any suggestion or idea provided by you, and nothing in this agreement will restrict its right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.

Your Comments and Concerns

This Website is operated by Figura Labs, Inc., 461 Jeffries Rd., Big Bear Lake, CA 92315.

All notices of copyright infringement claims should be sent to the copyright agent designated in our DMCA Policy in the manner and by the means set out in it.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [email protected].