Mystic

1. Introduction.

1. These Terms of Service ("Terms") are a legal agreement between You (or "you") and Mystic POD ("Mystic POD," "We," "we," "Our," "our," "Us," or "us") and govern your use of all Services that we may make available to you, including our Services and any services, plug-ins, software or anything else that we may provide through any of our user are the people who have created Mystic POD Account (collectively the "Services"). By visiting, accessing, using, and/or joining (collectively "using") the Services, you acknowledge and accept these Terms. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT USE THE SERVICES.

As used in these Terms, "Mystic POD" means Mystic POD with offices at: 2810 N Church St PMB 97180, Wilmington, Delaware, 19802.

https://app.mysticpod.com

2. Scope of Services.

a. Mystic POD offers an AI-powered platform that allows you to generate, explore, and refine high-quality digital imagery.
b. We offer the ability to create unique images and artwork using text-based prompts. Users can input descriptive text, and the AI engine will generate corresponding visual output.
c. Image Refinement: Users can refine generated images using various tools we provide.

3. Your Rights.

a. You own all Outputs from your use of Services to the extent permitted under applicable laws. Your ownership of Outputs is subject to the rights of any third-parties including their IP rights. Please consult your own independent legal counsel for any questions about the state of current IP law and other applicable laws. By using the Services, you acknowledge and agree that it is your sole responsibility to ensure that the use of any Outputs complies with applicable laws, including respecting the IP rights of others.
b. Prior to using the Outputs for personal or commercial purposes, you agree to perform all necessary due diligence, such as verifying that the image does not infringe on third-party IP rights. We disclaim any liability for claims arising from the use of Outputs that infringe upon third-party rights or violate applicable laws. By using our Services, you acknowledge and agree that you are responsible for verifying the legality of the Outputs you create and that we shall not be held liable for any claims or damages arising from the use or distribution of such Outputs.
c. License.
- i. We grant you a revocable, non-exclusive, non-transferable, and limited license to use the Services ("License"), subject to the restrictions of the Services and these Terms.
- ii. This License is terminable by us at will for any reason, within our sole discretion, with or without prior notice to you. Upon termination, your License to use the Services shall terminate and you agree not to use or attempt to use the Services after said termination.

4. Eligibility.

a. You must be at least eighteen (18) years of age to use the Services, unless the age of majority in your jurisdiction is greater than eighteen (18) years of age, in which case you must be at least the age of majority in your jurisdiction (e.g., twenty-one (21)). If you are under the applicable age of majority, you shall not use and are not permitted to use the Services and you must immediately leave the Services. By using the Services, you represent and warrant that you have reached at least the age of eighteen (18) and the age of majority in your jurisdiction.
b. Use of the Services is not permitted where prohibited by law. If you are unsure of your eligibility or other legal requirements under these Terms, please be sure to contact an attorney.
c. In order to use the Services, you must create an account with us (an "Account") to use the Services to their fullest extent. You represent and warrant that all information that you provide to us in creating your Account is complete and accurate. You shall also update such information when it changes.
d. You shall not use another person's Account and shall not allow another person to use your Account. You are required to keep your passwords and access credentials confidential and not share them with anyone.
e. You are solely responsible for maintaining the confidentiality of and restricted access to your Account and are solely responsible for all acts and omissions under your Account and shall notify us immediately of any breach of security or unauthorized use of your Account.
f. Pursuant to the terms herein, we shall not be liable for any losses resulting from any unauthorized use of your Account.
g. You are entirely responsible for any and all materials (including text) that you submit, upload, or otherwise make available via the Services, including any communications or information (collectively, "Inputs"). You agree that any disclosure of information in Inputs may make you personally identifiable and there is no guarantee such Inputs can be withdrawn.
h. You are prohibited from creating more than one Account on our platform. This includes, but is not limited to, creating additional accounts for the purpose of obtaining multiple free credits, circumventing Account restrictions, or engaging in any other form of unauthorized access or benefit. Any attempt to create or use multiple Accounts may result in the suspension or termination of all related Accounts and the forfeiture of any associated benefits or credits. We reserve the right to take appropriate action, including legal measures, against users who violate this provision.

5. Intellectual Property.

a. "IP" means but is not limited to trademarks, service marks, patents, copyrights, privacy and publicity rights, words, graphics, logos, and any and all intellectual property.
b. Our services may contain our IP as well as IP of our affiliates or other companies, provided to you or anyone in connection with the Services ("IP"). Your use of our Services does not constitute any right or license for you to use such IP. Our Services are also protected under applicable IP laws, included but not limited to those of the United States. The copying, redistribution, use, or publication by you of any portion of our Services is strictly prohibited. Your use of our Services does not grant you ownership rights of any kind in our Services. We reserve all rights not expressly granted to You in these Terms.
c. Except for the limited rights and licenses expressly granted under these Terms, nothing in these Terms grants, by implication, waiver, estoppel, or otherwise, to you or any third party any IP rights or other interest in or to the IP.
d. The Outputs (defined as the result or output generated by the Services based on your inputs) and any and all other materials you may view or get exposed to on the Services are subject to applicable IP laws.
e. Please consult your own independent legal counsel for any questions about the state of current IP law.
f. Copyright Claims. You may not infringe the IP rights of any party. We may in our sole discretion remove any Outputs or Inputs we have reason to believe violates any of the IP rights of others and may terminate your use of the Services if you submit any such Outputs or Inputs.

6. DMCA and takedown policy.

a. We comply with the Digital Millennium Copyright Act. Pursuant to Title 17, Section 512(c)(2) of the United States Code ("DMCA"), if you believe that any of your copyrighted material is being infringed by the Services, you should notify us at support@mysticpod.com or 2810 N Church St PMB 97180, Wilmington, Delaware, 19802.
b. Notification of claimed infringement must be a written communication that includes substantially the following:
c. Identification of the material that is believed to be infringing. Please describe the material and provide a URL or any other relevant information that will allow us to locate the material on the Services; Information that will allow us to contact you, including your email address, address, and telephone number; and
d. A statement that you have a good faith belief that the use of the material complained of is not authorized by you, your agent or the law; A statement that the information in the notification is accurate and that under penalty of perjury that you are the owner or are authorized to act on behalf of the owner.
e. You understand that knowingly misrepresenting or alleging that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under the DMCA Section 512(f).
f. If you believe that material was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us by following the steps in this Section 6.

7. Inputs.

a. You shall be solely responsible for any and all of your own Inputs and any and all consequences resulting from them. For any of your Inputs, you represent and warrant that You:
- i. have the necessary rights and permissions to use and authorize us to use all IP in and to Inputs for any and all uses contemplated by these Terms;
- ii. shall not post any material or Inputs that depict anything explicit, sexual, obscene, defamatory, libelous, threatening, harmful to minors, pornographic, indecent, or harassing.
- iii. shall not submit material that:
  - 1. Is subject to third-party IP rights, unless you have explicit permission to submit the material and to grant us all of the license rights granted herein;
  - 2. Is illegal, unlawful, defamatory, fraudulent, libelous, harmful, harassing, abusive, threatening, hateful, racially or ethnically offensive, inflammatory, or otherwise inappropriate as decided by us in our sole discretion;
  - 3. Depicts illegal activities, promotes or depicts physical harm or injury against any group or individual, or promotes or depicts any act of cruelty to animals;
  - 4. Impersonates another person or entity or otherwise misrepresents you, including creating a false identity;
  - 5. Would constitute, encourage or provide instructions for a criminal offense, a violation of the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; or is unsolicited or unauthorized advertising, promotion, "spam" or any other form of solicitation.
b. We claim no ownership or control over Third-Party content. If you have IP rights to Inputs, you are solely responsible for protecting those rights. You irrevocably grant us a world-wide, non-exclusive, royalty-free, perpetual, non-cancelable, sub-licensable license to reproduce, publicly display, distribute, modify, publish, translate, create derivative works of, and otherwise leverage Inputs and Outputs for any purpose, including without limitation any purpose contemplated by these Terms. The foregoing includes a right to grant other users of the Services a right and license to display, stream and download Inputs in connection with their use of the Services and for other personal use. You also irrevocably waive and cause to be waived against us and any of our users any claims and assertions of moral rights or attribution with respect to Inputs.
c. Our use of your Inputs and Outputs includes but is not limited to the "live feed" feature in the Services allowing us to share your experiences as well as see other users' experiences.
d. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to Inputs. Specifically, you represent and warrant that you own the title to the Inputs, that you have the right to submit the Inputs to the Services, and that submitting the Inputs will not infringe upon any other party's rights or your contractual obligations to other parties.
e. You acknowledge that we may at our sole discretion refuse to publish, remove, or block access to any Input for any reason, solely within our discretion, with or without notice.

8. Content.

a. You understand and acknowledge that, when using the Services, you may be exposed to content from a variety of sources outside of our control (collectively, "Third-Party content") and that we do not control and are not responsible for any Third-Party content. You understand and acknowledge that you may be exposed to content that is adult-oriented, inaccurate, offensive, indecent or otherwise objectionable or may cause harm to your devices.
b. We claim no ownership or control over Third-Party content. Third parties retain all rights to Third-Party content, and they are responsible for protecting their rights.
c. You understand and acknowledge that we may but are not obligated to monitor the Services for inappropriate content or conduct. If at any time we choose, in our sole discretion, to monitor such content, we assume no responsibility for such content, have no obligation to modify or remove any such content (including Inputs and Third-Party content), and assume no responsibility for the conduct of others submitting any such content (including Inputs and Third-Party content).
d. Without limiting the provisions below on limitations of liability and disclaimers of warranties, all content (including Third-Party content) on the Services is provided to you "AS-IS" for your information and personal use only and, where legally required of you, you shall not use, copy, reproduce, distribute, sell, license or otherwise exploit for any other purpose whatsoever the Outputs without the prior written consent of the respective owners/licensors of the Outputs.
e. You acknowledge that we may at our sole discretion refuse to publish, remove, or block access to any Outputs for any reason, solely within our discretion, with or without notice.

9. Your Outputs.

a. Similarity of Content. Due to the nature of AI tools and similar technologies, the outputs you receive may not be unique and the Services may generate the same or similar output for you or another user.
b. Use of Outputs to Improve Services. To help Us provide and maintain the Services, you agree that we may use Outputs to develop and improve the Services, or otherwise exploit Outputs commercially.

10. Prohibited Uses.

a. We authorize your use of these Services only for permitted purposes and solely for your own benefit and in accordance with these Terms. Any other use is prohibited and, therefore, violates the Terms and may lead to the deletion of your Account.
b. You will not (and will not permit any third party to): (a) rent, lease, provide access to or sublicense the Services to a third party; (b) use the Services to provide, or incorporate the Services into, any product or service provided to a third party; (c) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law; (d) copy or modify the Services, or create any derivative work from any of the foregoing; (e) remove or obscure any proprietary or other notices contained in the Services; or (f) publicly disseminate information regarding the performance of the Services.

11. Confidentiality.

a. You (as "Receiving Party") agree that all code, inventions, know-how, business, technical and financial information it obtains from Mystic POD ("Disclosing Party") constitute the confidential property of the Disclosing Party ("Confidential Information"), provided that it is identified as confidential at the time of disclosure or should be reasonably known by the Receiving Party to be confidential or proprietary due to the nature of the information disclosed and the circumstances surrounding the disclosure. Any Mystic POD technology, performance information relating to any Service, and the terms and conditions of these Terms will be deemed Confidential Information of Mystic POD without any marking or further designation. Except as expressly authorized herein, the Receiving Party will (1) hold in confidence and not disclose any Confidential Information to third parties and (2) not use Confidential Information for any purpose other than fulfilling its obligations and exercising its rights under these Terms.
b. The Receiving Party may disclose Confidential Information to its employees, agents, contractors and other representatives having a legitimate need to know, provided that such representatives are bound to confidentiality obligations no less protective of the Disclosing Party than this Section 10 and that the Receiving Party remains responsible for compliance by any such representative with the terms of this Section 11. The Receiving Party's confidentiality obligations will not apply to information that the Receiving Party can document: (i) was rightfully in its possession or known to it prior to receipt of the Confidential Information; (ii) is or has become public knowledge through no fault of the Receiving Party; (iii) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; or (iv) is independently developed by employees of the Receiving Party who had no access to such information. The Receiving Party may also disclose Confidential Information as required by law or court order, provided the Receiving Party notifies the Disclosing Party in advance and cooperates in any effort to obtain confidential treatment. The Receiving Party acknowledges that disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon any such disclosure by the Receiving Party the Disclosing Party will be entitled to seek appropriate equitable relief in addition to whatever other remedies it might have at law.
c. Further, you shall not, under any circumstances, use any means, automated or otherwise, to monitor, scrape, download, copy, or otherwise collect data and/or content from the Services. This includes, but is not limited to, the following prohibited activities:
- i. Bots and web crawlers: the use of bots, spiders, web crawlers, or any other automated processes or devices to access, retrieve, or index any portion of the Services, including its data and content, is strictly prohibited. These tools may compromise the integrity and security of our systems and violate the IP rights associated with our Services.
- ii. Data mining tools: You shall not use data mining, scraping, extraction, or any other unauthorized data collection methods to gather data or content from the Services for any purpose, whether commercial or non-commercial. This includes the use of scripts, algorithms, or manual processes to access, acquire, copy, or monitor any part of the Services.
- iii. Automated monitoring: You may not deploy any automated tools or processes that monitor or track activities on the Services, including user behavior, traffic patterns, or other metrics.
- iv. Manual collection methods: Even if automated tools are not used, you shall not manually copy, download, or otherwise collect data or content from the Services without our explicit written permission.
- v. Circumventing security measures: You are prohibited from attempting to bypass any security measures, access controls, or other technological protections implemented to safeguard the Services. This includes the use of VPNs, proxy servers, or other means to disguise your identity or location for the purpose of unauthorized data collection.
- vi. Reproduction and redistribution: You may not reproduce, duplicate, copy, sell, trade, or resell any part of the Services or its content that has been obtained through unauthorized data collection methods. This includes creating derivative works or using the content in any way that violates the rights of the Service provider.
- vii. Harmful and malicious activities: The use of any means to intentionally harm, disrupt, or overload the Services, including the deployment of malicious software, viruses, or denial-of-service attacks, is strictly forbidden. Such activities are not only a violation of these Terms but may also constitute criminal behavior subject to legal action.

12. Your Obligations and Conduct.

a. You are solely responsible for the accuracy, content, and legality of all data you provide. You represent and warrant to Mystic POD that you have all necessary rights, consents, and permissions to collect, share and use all data as contemplated in these Terms and that no data will violate or infringe any Mystic POD or third-party IP rights or other laws.
b. No sensitive data. Except as otherwise expressly agreed between Mystic POD and you in writing, you specifically agree not to use the Services to collect, store, process, or transmit any sensitive data including but not limited to: payment card data, protected health data as defined under HIPAA, or any special category data as defined under GDPR Article 9. You acknowledge that Mystic POD is not a payment card processor and that the Services are not PCI DSS compliant. You shall be solely responsible for any sensitive personal data it submits to the Services, and you acknowledge that Mystic POD is not subject to any additional obligations that may apply to any sensitive personal data submitted to the Services.
c. You hereby expressly authorize us to monitor, record, and log your use of the Services.
d. As a condition of your use of the Services, you agree:
- i. to abide by all applicable local, state, national, and international laws and regulations and the laws and regulations of the United States and the state of Delaware;
- ii. not to use the Services in any way that exposes Mystic POD to criminal or civil liability; You agree that you are solely responsible for all acts and omissions that occur as a result of your use of the Services;
- iii. not to use or attempt to use any other party's Account on the Services without authorization;
- iv. not to use any automated means, including robots, crawlers, or data mining tools, to download, monitor, or use data or Outputs from the Services;
- v. not to use the Services to collect usernames and/or e-mail addresses for sending unsolicited messages of any kind;
- vi. not to take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure;
- vii. not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any information you transmit;
- viii. not to disable, circumvent, or otherwise interfere with security features of the Services;
- ix. not to "frame" or "mirror" the Services; and
- x. not to reverse engineer any portion of the Services. You agree not to remove any proprietary notices from the Services or any of the Outputs.
e. We reserve the right to take appropriate action against any user for any unlawful or unauthorized use of the Services, including civil, criminal, and injunctive remedies and the termination of any user's access to the Services.
f. We retain a separate Privacy Statement and your access to the Services is also subject to the Privacy Statement. We reserve the right to amend the Privacy Statement at any time by posting such amendments to the Services. No other notification may be made to you about any amendments. Your continued use of the Services following such amendments will signify your acceptance of such amendments, regardless of whether you have actually read them.

13. Subscription, Fees, and Termination.

a. This is a subscription agreement and you acknowledge that you are obtaining only a limited right to the Services and that irrespective of any use of the words "purchase," "sale" or like terms in these Terms no ownership rights are being conveyed to You and Mystic POD retains all right, title and interest in and to the Services, integrations with the Services, and any and all related and underlying technology and documentation and any derivative works, modifications or improvements.
b. "Free Tier": a free-of-charge option but also gives limited access to the Services.
c. "Paid Tier": by purchasing a subscription to the Services to unlock more features in the Services.
- i. Paid tiers provide you with "credits" allowing you to use certain features.
- ii. More information on this is available within the Services.
d. Recurring Fees. Any paid subscriptions shall be paid monthly or annually depending on your selection. The renewal subscription fees will continue to be billed automatically until terminated. You must cancel your subscription before it renews each billing period in order to avoid billing of the next subscription fee. Refunds cannot be claimed for any partial-month subscription period.
e. You acknowledge that we reserve the right to charge for any or all of our services and to change our fees from time to time in our sole discretion. If at any time we terminate your rights to use the Services because of a breach of these Terms, you shall not be entitled to a refund of any portion of your fees. In all other respects, such fees shall be governed by additional rules, terms, conditions or agreements posted on the Services and/or imposed by any sales agent or payment processing company, as may be amended from time to time.
f. Disputes and Late Payments. If you want to dispute any Fees or Taxes, please contact support@mysticpod.com within thirty (30) days of the date of the disputed invoice. Undisputed amounts past due may be subject to a service charge equal to 1.5% per month of the amount due or the maximum amount allowed by law, whichever is less. If any amount of your Fees are past due, we may suspend your access to the Services after we provide you written notice of late payment.
g. Price Change. We may change our prices by posting notice to your Account, by email and/or to our Services. Price increases will be effective 14 days after they are posted.
h. Taxes. You are responsible for paying all taxes. If you are required by law to withhold any taxes, the fees payable by You will be increased as necessary so that after making any required withholdings.
i. Termination for cause. Either party may terminate these Terms if:
- i. the other party (a) fails to cure any material breach of these Terms (including a failure to pay fees) within thirty (30) days after written notice;
- ii. ceases operation without a successor; or
- iii. seeks protection under any bankruptcy, receivership, trust deed, creditors' arrangement, composition, or comparable proceeding, or if any such proceeding is instituted against that party (and not dismissed within sixty (60) days thereafter).
j. If your Account is thirty (30) days or more overdue, in addition to any of its other rights or remedies, Mystic POD reserves the right to suspend your access to the applicable Service without liability to You until such amounts are paid in full.
k. Effect of termination. Upon any expiration or termination of these Terms, you will immediately cease any and all use of and access to all Services and delete any Confidential Information in your possession. Following termination, you will have no further access to any data input into the Service, and that Mystic POD may delete any such data as may have been stored by Mystic POD.
l. You may cancel your membership and your Account at any time by emailing us at support@mysticpod.com. You agree to be personally liable for any and all charges incurred by your Account, username, and password until you terminate your membership as provided herein. Upon our processing of your request to cancel your membership, you will no longer have access to the non-public areas of the Service.
m. Payment.
- i. The Services are paid with credit card, debit card, or other payment card ("Credit Card") and/or Stripe Payment Gateway. If paying by Credit Card, the following terms apply:
- ii. Billing Errors. If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within 30 days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within 30 days of its publication.
- iii. REFUND POLICY. Currently, we don't offer standard refunds. If there's something wrong with your order, please let us know by contacting us at support@mysticpod.com. In limited situations, solely within our discretion, we may offer refunds for certain losses or disputes, otherwise, you assume there are no refunds, and all sales are final. Further, depending on third parties through whom you acquire the Services (e.g., Google Play Store), please note, those third parties may also have restrictions on attaining refunds.

14. Indemnification and Release.

a. You alone are responsible for any violation of these Terms by you or under your Account. You may not use the Services to violate or attempt to violate the IP rights of others. Doing so may subject you to penalties including legal action or a permanent ban from the Services. You agree to indemnify and hold Mystic POD, its parents, subsidiaries, affiliates, officers, agents, employees, resellers or other partners, and licensors harmless from any claim, demand, loss, or damages, including reasonable attorney's fees ("Losses"), resulting from any third-party claim, suit, action, or proceeding ("Third-Party Claim") arising from your use of the Services or from your breach of these Terms. This includes but is not limited to any damages and third-party claims and expenses, including attorney's fees and costs, arising from unauthorized use or harm resulting from actions from your Account.
b. You agree to defend us against any claim, demand, suit or proceeding made or brought against us by a third party arising from your Inputs, including, without limitation, allegations that your Inputs or that your use of the Services in violation of these Terms infringes or misappropriates the IP rights of any third party or violates applicable law and you shall indemnify us for any and all damages against us and for reasonable attorney's fees and other costs incurred by us in connection with any such claim, demand, suit or proceeding.
c. Further, You hereby release us, our officers, employees, agents and successors-in-right from claims, demands and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Services.

15. Disclaimer of Warranties and Limitations of Liabilities.

a. READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
b. The Services may contain links to third-party websites which are independent of us. We assume no responsibility for the content or practices of and make no representation or warranty as to the accuracy, completeness or authenticity of information contained in any third-party websites. We have no right or ability to edit the content of any third-party websites. You acknowledge that we shall not be liable for any liability arising from your use of any third-party websites. We have no right or ability to edit the content of any third-party websites. You acknowledge that we shall not be liable for any liability arising from your use of any third-party websites.
c. THE SERVICES ARE PROVIDED "AS-IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM TO THE FULLEST EXTENT ANY IMPLIED WARRANTIES OF INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE DISCLAIM ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICES.
d. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICES, WHETHER, WITHOUT LIMITATION, SUCH DAMAGES ARISE FROM (i) YOUR USE, MISUSE OR INABILITY TO USE THE SERVICES, (ii) YOUR RELIANCE ON ANY CONTENT ON THE SERVICES, (iii) THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OR COMPLETE DISCONTINUANCE OF THE SERVICES OR (iv) THE TERMINATION OF SERVICE BY US. THESE LIMITATIONS ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED OR ADVERTISED IN CONNECTION WITH THE SERVICES.
e. WE DO NOT WARRANT THAT:
- i. THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
- ii. THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
- iii. YOUR DEVICE MEETS THE REQUIREMENTS TO USE OUR SERVICES; YOU ARE RESPONSIBLE FOR ENSURING YOUR DEVICE SATISFIES CERTAIN SYSTEM REQUIREMENTS;
- iv. THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE;
- v. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR;
- vi. ANY ERRORS IN CONTENT WILL BE CORRECTED.
f. ANY CONTENT OR OUTPUTS OBTAINED THROUGH THE USE OF THE SERVICES IS OBTAINED AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH CONTENT OR OUTPUTS.
g. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES OR ANY OTHER GRIEVANCE SHALL BE THE TERMINATION OF YOUR USE OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE MAXIMUM LIABILITY OF US ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES OR RELATING TO THESE TERMS EXCEED One United States dollar ($1.00 USD).

16. Legal Disputes.

a. NO CLASS ACTIONS. Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If for any reason a dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding, or counterclaim. This does not prevent either party from participating in a class-wide settlement of claims.
b. YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:
- i. MANDATORY ARBITRATION. You and Mystic POD agree to resolve any claims relating to these Terms or our Services through final and binding arbitration.
- ii. Arbitration Forum. Either party may commence binding arbitration through ADR Services, an alternative dispute resolution provider. The parties will pay equal shares of the arbitration fees.
- iii. Arbitration Procedures. The arbitration will be conducted in Travis County, Texas or at another mutually agreed location. All issues are for the arbitrator to decide, including but not limited to issues relating to the scope, enforceability, and arbitrability of this Section. The amount of any settlement offer will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any.
c. The obligation to arbitrate is not binding upon the Services with respect to claims relating to its trademarks, service marks, patents, copyrights, or other intellectual-property rights, or requests for temporary restraining orders, preliminary injunctions or other procedures in a court of competent jurisdiction to obtain interim relief when deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution by arbitration of the actual dispute between the parties.

17. Injunctive Relief.

Notwithstanding anything in these Terms, Mystic POD may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

18. Third Party Service Providers.

a. We rely on third-party service providers, including AI tools and APIs, to deliver the Services. These third-party services are essential to the functionality of our Services.
b. When you use our Services, your inputs and other necessary data may be transmitted to these third-party providers to process your requests.
c. You acknowledge that Your use of the Services means that your data is subject to the privacy policies and terms of service of these third-party service providers.

19. Disclosure and Other Communication.

a. We reserve the right to send you email for the purpose of informing you of changes or additions to the Services, or of any related products and services offered by the Services or its affiliated entities. We reserve the right to disclose information about you and your usage of the Service that does not reveal your personal identity.
b. Further, by agreeing to become a member you opt-in to receive occasional special offers, marketing, survey, and Services-based communication emails or messages. You can easily unsubscribe from our marketing emails by following the opt-out instruction in these emails.

20. General Terms.

a. No Waiver. Failure by either party to enforce any right under these Terms will not waive that right.
b. Severability. If any portion of these Terms is not enforceable, it will not affect any other terms.
c. These Terms are current as of the Effective Date set forth above.
- i. We reserve the right to amend these Terms at any time by posting such amended Terms to the Services with a new effective date and YOUR CONTINUED USE OF THE SERVICES FOLLOWING SUCH AMENDMENTS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH AMENDMENTS, REGARDLESS OF WHETHER YOU HAVE ACTUALLY READ THEM.
d. These Terms are not assignable, transferable or sub-licensable by you, but may be assigned or transferred by us without restriction.
e. Nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
f. You acknowledge and understand that we are a provider of an interactive computer service. We hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. However, note that we do not take responsibility for any parental control protection you may find or use and that you are solely responsible for such use.
g. Relationship of the parties as independent contractors. Mystic POD and You are independent contractors. There is no relationship of partnership, joint venture, employment, franchise or agency created hereby between the Mystic POD and You. Neither party will have the power to bind the other or incur obligations on the other party's behalf without the other party's prior written consent.
h. Government end users. Elements of the Services are commercial computer software. If the user or licensee of the Services is an agency, department, or other entity of the US Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Services, or any related documentation of any kind, including technical data and manuals, is restricted by a license agreement or by these Terms in accordance with FAR 12.212 for civilian purposes and Defense FAR Supplement 227.7202 for military purposes. All Services were developed fully at private expense. All other use is prohibited.
i. Export. The Services are subject to U.S. and local export control and sanctions laws. You acknowledge and agree to the applicability of and Your compliance with those laws, and You may not receive, use, transfer, export or re-export any Mystic POD Services Products in a way that would cause Mystic POD to violate those laws. You also agree to obtain any required licenses or authorizations.
j. Assignment and Subcontracting. Except as set out below, neither party may assign or novate these Terms in whole or in part without the other party's express written consent.
- 1. Mystic POD may: (1) by written notice to You, assign or novate these Terms in whole or in part to an affiliate of Mystic POD, or otherwise as part of a sale or transfer of any part of its business; or (2) subcontract any performance associated with the Mystic POD to third parties, provided that such subcontract does not relieve Mystic POD of any of its obligations under these Terms.
k. Force Majeure. Neither party will be liable to the other for any delay or failure to perform any obligation under these Terms (except for a failure to pay) if the delay or failure is due to unforeseen events that occur after the signing of these Terms and that are beyond the reasonable control of such party, including but not limited to a strike, war, act of terrorism, riot, natural disaster, or failure or diminishment of power or telecommunications or data networks or services.
l. Governing Law and Venue. These Terms, and any disputes arising from it, will be governed exclusively by Delaware law. The courts and venues within Travis County, Texas will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to these Terms or its formation, interpretation or enforcement. Each party consents and submits to the exclusive jurisdiction of such courts.
m. Equitable Remedies. You acknowledge that if you violate or breach these Terms, it may cause irreparable harm to Us and our affiliates, and We shall have the right to seek injunctive relief against you in addition to any other legal remedies.
n. Feedback. We appreciate feedback, comments, ideas, proposals, and suggestions for improvements. If you provide us feedback, you hereby grant us a perpetual, non-revocable, royalty-free worldwide license to use and/or incorporate such feedback into any product or service at any time at our sole discretion.
o. Entire Agreement. These Terms are the complete agreement between the parties regarding the subject matter of these Terms and supersede all prior or contemporaneous communications, understandings or agreements (whether written or oral).

21. Notice and Contacting Us.

a. Any notice delivered by Mystic POD to You under these Terms will be delivered via email, regular mail or postings on mysticpod.com. Notices to Mystic POD shall be sent to 2810 N Church St PMB 97180, Wilmington, Delaware, 19802 unless Mystic POD specifically allows other means of notice.
b. To resolve or report a complaint regarding the Services, or if you have any questions or comments about these Terms, please contact us at support@mysticpod.com.