Legal

Terms and Conditions of Use

Last modified: October 6, 2026

PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS.

E4C3 Technology, LLC (“Provider,” “we,” “us,” or “our”) is pleased to provide you (also referred to herein as “I”) access to the platform available at www.myplaygrounds.ai (the “Playgrounds Platform”) and to the software enabled information, content, data, interfaces, tools, platforms, playgrounds, development tools, modules, and apps accessible on, from, or through the Playgrounds Platform (collectively, the “Playgrounds Applications”), subject to your agreement to comply with these Terms and Conditions of Use (the “Agreement”) and (a) the execution of a Software as a Service Agreement (the “SaaS Agreement”) authorizing you as an “Authorized User” under the SaaS Agreement or (b) for individual users, creation of a user account and payment of all fees for use of the Playgrounds Applications.

PROVIDER PROVIDES THE PLAYGROUNDS APPLICATIONS SOLELY ON THE TERMS AND CONDITIONS SET FORTH IN AN APPLICABLE SAAS AGREEMENT AND AS SET FORTH IN THIS AGREEMENT. TO ACCESS THE PLAYGROUNDS APPLICATIONS, YOU MUST ACCEPT AND COMPLY WITH ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT. BY CLICKING THE “ACCEPT” BUTTON AT THE END OF THIS AGREEMENT, YOU (A) ACCEPT THE AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS, AS MAY BE UPDATED FROM TIME TO TIME BY PROVIDER PURSUANT TO THIS AGREEMENT AND (B) REPRESENT AND WARRANT THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND OTHERWISE CAPABLE OF ENTERING INTO A BINDING AGREEMENT WITH US. IF YOU DO NOT CLICK THE “ACCEPT” BUTTON, YOU WILL NOT BE PERMITTED TO ACCESS THE PLAYGROUNDS APPLICATIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT OR ARE UNWILLING TO ABIDE BY ANY TERM OR CONDITION, DO NOT CLICK THE “ACCEPT” BUTTON.

THE TERMS AND CONDITIONS PROVIDED IN THIS AGREEMENT GOVERN AND CONTROL UNLESS THE PARTIES HAVE AGREED OTHERWISE IN AN APPLICABLE SAAS AGREEMENT.

1. I Understand that Provider May Change this Agreement, Except for the Sections About My Data and My Apps.

Provider reserves the right, in its sole discretion, to change, modify, update, add, or delete portions of this Agreement at any time. You may be notified from time to time when you sign into your account that we have modified this Agreement and be asked to accept the terms and conditions of this Agreement as modified to continue to accessing the Playgrounds Applications. Regardless of whether we notify you, it is your responsibility to regularly check for changes to this Agreement and to review such changes at https://app.myplaygrounds.ai/terms. All changes to this Agreement are effective immediately when we post them and apply to all access to and use of the Playgrounds Applications thereafter. Your continued access or use of the Playgrounds Applications after any such changes constitutes your acceptance of the new Agreement. Your written approval is not a prerequisite to the validity or enforceability of this Agreement, and no solicitation of such written approval by or on behalf of Provider shall be construed as an inference to the contrary. Notwithstanding the foregoing, Provider will not change Section 6 or Section 7 of this Agreement, or any defined term used in either of them, in a manner that is materially adverse to me unless (a) Provider gives at least thirty (30) days’ prior notice to the email address associated with my account and (b) I affirmatively accept the change. My continued access to or use of the Playgrounds Applications will not by itself constitute acceptance of any such change. If I do not accept such a change, I may terminate my account at any time before it takes effect, and Provider will make my Customer Data and my Customer Apps available for export in accordance with Section 7. In all events, the versions of Section 6 and Section 7 in effect when I last accepted this Agreement will continue to govern Customer Data collected and Customer Apps created before the change takes effect.

You may not amend this Agreement unless the amendment is in writing and signed by both you and Provider.

Any changes to the dispute resolution provisions will not apply to any dispute for which the parties have notice before the date the new version of this Agreement is posted.

2. To Access the Playgrounds Applications, You May be Required to Create an Account.

To access the Playgrounds Applications, we may ask you to create an account, including, for example, if you are not an Authorized User under a SaaS Agreement with us. If you create an account, you agree to provide correct, current, and complete information account information, including your name, username, email address, other contact information, and password (collectively, “Account Information”). You also agree to allow us to use your Account Information to communicate with you about the Playgrounds Applications and agree that our communications to you using your Account Information will satisfy any applicable legal notice requirements. You also agree to promptly update your Account Information when any of your information changes.

Text messages. If I connect my mobile number to my assistant and tick the consent box, I agree to receive text messages from Playgrounds at that number: sign-in and verification codes, notifications, and replies from my assistant. Message frequency varies. Message and data rates may apply. I can reply STOP to opt out at any time and HELP for help (or email support@myplaygrounds.ai). Consent is not a condition of purchase. Carriers are not liable for delayed or undelivered messages. How we handle my mobile number and text messages is described in the Privacy Notice (Text Messages (SMS)).

Your use of the Playgrounds Applications also constitutes your consent to allow us to record and use your Account Information and other information that may be gathered about you or devices you use to access the Playgrounds Applications. Any information that we may collect about you or any device you use to access the Playgrounds Applications, including the Account Information, is subject to our Privacy Notice, which is a part of this Agreement. We encourage you to read and understand our Privacy Notice, which can be accessed at https://app.myplaygrounds.ai/privacy.

Accordingly, I acknowledge that I am responsible for all activity occurring under my account, and I agree to notify Provider immediately if I become aware of any unauthorized activity using my account or Account Information. I understand that I may be liable for the losses of Provider or others due to the unauthorized access and use of my account. I also understand that Provider can take appropriate legal action against me, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Playgrounds Applications or Provider Content.

We reserve the right to refuse to create an account or to cancel a username or an account in our sole discretion.

In addition, I understand, acknowledge, and agree that:

1. I will create only one user account for myself;
2. I will not create an account for anyone other than myself without permission;
3. I will not share my Account Information with any other person or let any other person access my account;
4. I will not solicit Account Information from other users or access another user’s account;
5. I will not sell, gift, or trade my account to any other person, and such transfer shall be null and void;
6. I have no property rights or ownership interests in and to the user account itself, and I understand that all rights to the account belong to Provider, provided that this does not affect my ownership of my Customer Data, my Customer Apps, or outputs generated for me, which is addressed in Section 7; and
7. if my account is disabled, suspended, or terminated by Provider, I will not create another account without Provider’s express permission;

WITHOUT LIMITING THE FOREGOING, I ALSO ACKNOWLEDGE AND AGREE THAT PROVIDER HAS THE RIGHT TO FULLY COOPERATE WITH ANY LAW ENFORCEMENT AUTHORITIES OR COURT ORDERS REQUESTING OR DIRECTING US TO DISCLOSE YOUR IDENTITY, ACCOUNT INFORMATION, OR ANY USER INFORMATION YOU HAVE PROVIDED ON OR THROUGH THE PLAYGROUNDS APPLICATIONS. YOU WAIVE AND HOLD HARMLESS PROVIDER, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, CONTRACTORS, AGENTS, SERVICE PROVIDERS, SUPPLIERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “PERSONNEL”), FROM ANY CLAIMS OR CAUSES OF ACTION RESULTING FROM ANY ACTION TAKEN BY THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER PROVIDER OR LAW ENFORCEMENT AUTHORITIES.

3. I Understand that I May be Required to Pay Fees to Access the Playgrounds Applications and Provider Content, and I also Understand that if I Sign Up for a Subscription, the Subscription will Renew Automatically Until I Cancel in a Timely Manner.

In order to access the Playgrounds Applications, you may be required to pay fees (“Fees”). Unless you are an Authorized User under a SaaS Agreement and another person has agreed to pay the Fees for you to access the Playgrounds Applications, you are solely responsible for paying any Fees for use of, or access to, the Playgrounds Applications. Depending on the options for accessing the Playgrounds Applications that you select, Fees may be charged on a subscription basis, based on the extent of your use of the Playgrounds Applications, or both.

To pay the Fees, you must provide payment information to our payment processor for one or more of your credit cards, check cards, or debit cards. All payment information is collected through third party payment processors, and no payment information is collected directly by the Playgrounds. By providing your payment information to our payment processor, you authorize all transactions made by, through, or in connection with the Playgrounds Applications, including payment of the Fees. You are responsible for all transactions associated with your account, including unauthorized transactions. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, we may suspend your access to the Playgrounds Applications until we have successfully charged a valid payment method. If your device is lost, stolen or destroyed, please contact your credit card company immediately.

The Fees, and any other charges your account incurs in connection with the Playgrounds Applications, such as taxes and possible transaction fees, will be charged to your payment method.

If you have signed up for a subscription to the Playgrounds Applications, your subscription to access the Playgrounds Applications will continue and automatically renew until cancelled. You must cancel your subscription before it renews in order to avoid billing of the Fees for the next subscription term to your payment method.

You may cancel your subscription to the Playgrounds Applications by using a method we may provide to you through the Playgrounds Applications or by contacting us at the contact information listed at the bottom of this Agreement. To avoid renewal charges for the next subscription term at the end of your then-current subscription term, please cancel your subscription at least twenty four (24) hours prior to the last day of the then-current subscription term. For example, if you subscribed on Apri1 1 for a one-month subscription term, you need to cancel your subscription per these instructions by April 29, which is twenty four (24) hours prior to the last day of the then-current subscription term (i.e., April 30).

If you cancel your subscription to the Playgrounds Applications and we confirm such cancellation, your Fees for the then-current subscription term will not be refunded but your access to the Playgrounds Applications will continue until the end of the then-current subscription term. There are no refunds or credits for partially used subscription periods. Fees are fully earned upon payment. For the avoidance of doubt, any renewal Fees charged in connection with an automatic renewal are non-refundable once charged, regardless of whether the user subsequently cancels during the renewed term.

We may change our subscription plans and the Fees for access to the Playgrounds Applications from time to time; however, any price changes or changes to your subscription plans will apply only on renewal of your subscription. If you do not wish to accept the price change or change to your subscription plan, you must contact us to cancel your subscription before the end of your current subscription term.

4. I Understand that this Agreement is Effective Until Terminated.

This Agreement is effective until terminated. We reserve the right, in our sole discretion to refuse, delete, suspend, or terminate your access to or use of the Playgrounds Applications and Provider Content (as defined below) at any time, with or without notice, including because of your violation of this Agreement. Your rights under this Agreement will terminate automatically without notice from Provider if you fail to comply with any of the terms or conditions of this Agreement. Indirect or attempted violations of this Agreement, and actual or attempted violations by a third party acting on your behalf, shall be deemed violations by you of this Agreement.

Provisions of this Agreement, however, that require or contemplate performance after the termination of this Agreement shall survive and be enforceable after the termination of this Agreement.

Upon the termination of this Agreement, you shall cease all use of the Playgrounds Applications. In the event that your rights to use the Playgrounds Applications are terminated, you may immediately lose access to any information that may be on our systems, including in your user account, except as otherwise provided in an applicable SaaS Agreement.

5. I Understand that Provider May Change the Playgrounds Applications.

Except as provided otherwise in an applicable SaaS Agreement, Provider reserves the right, in its sole discretion, without notice to you, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify, suspend, terminate, withdraw, or discontinue all or any part of the Playgrounds Applications without compensation to you, including, but not limited to (i) restricting the time all or any part of the Playgrounds Applications is available, (ii) restricting the amount of permitted use of all or any part of the Playgrounds Applications, and (iii) restricting or terminating any user’s right to use all or any part of the Playgrounds Applications, with or without notice; or (b) offer opportunities to some or all users of all or any part of the Playgrounds Applications. Any new features or updated content or applications that we make available as a part of the Playgrounds Applications will be subject to this Agreement. You agree that Provider will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any part of the Playgrounds Applications, in whole or in part, or of any service, content, or feature offered through the Playgrounds Applications, except as provided otherwise in an applicable SaaS Agreement.

6. I Understand that the Provider Content Belongs to Provider and I have only a Limited Right to Use the Provider Content.

The Playgrounds Applications and (i) (a) their design, features, and functionality, (b) any software, code, files, content, information, reports, graphics, button icons, images, videos, audio, data, databases, or modules contained in or generated by the Playgrounds Applications and the design, selection, and arrangement thereof, (c) embedded software, including third party software; (ii) documentation, documents, work product, and other materials provided or made available to you by Provider or through or in connection with the Playgrounds Applications; (iii) any Feedback (as defined below); (iv) and Resultant Data (as defined below); ((i), (ii), (iii), and (iv) collectively, the “Provider Content”)); and (iv) any related intellectual property rights, including patents, copyrights, the Provider Marks (as defined below), trade secrets, know how, and other similar rights or protectable attributes (collectively, “Provider Intellectual Property”), and any improvements to the foregoing, are owned by Provider or its licensors and are protected by United States laws, including those governing copyrights, trademarks, patents, and/or trade-secrets. This Agreement does not transfer any title or rights to the Playgrounds Applications, Provider Content, or Provider Intellectual Property to you. Provider Content does not include my Customer Data, my Customer Apps, or any outputs generated for me through my use of the Playgrounds Applications, ownership of which is addressed in Section 7.

You hereby unconditionally and irrevocably assign, transfer, and otherwise convey to Provider all right, title, and interest in and to the Feedback and Resultant Data, including all intellectual property rights therein and thereto. You also acknowledge that Provider will own all right, title, and interest in and to Feedback and Resultant Data and may exercise all such rights in and to the Feedback and Resultant Data, including sale or license of the Feedback or Resultant Data to any third party, subject only to Provider’s obligations of confidentiality under an applicable SaaS Agreement or Provider’s Privacy Notice.

Except for the limited licenses granted to you by this Agreement or in an applicable SaaS Agreement, all title and rights to the Playgrounds Applications, the Provider Content, and the Provider Intellectual Property remain with Provider. Provider reserves all rights not expressly granted to you, and except as provided in this Agreement, the rights granted by this Agreement are non-transferable and do not include any intellectual property rights. You understand and acknowledge that Provider owns the Playgrounds Applications, the Provider Content, and the Provider Intellectual Property.

In addition, Provider, the Provider logo, the Playgrounds Applications name, the Playgrounds Applications logo, and certain other names, brands, logos, slogans, trademarks, and service marks (collectively, “Provider Marks”) are marks of Provider or its affiliates or licensors. Not all marks of Provider will appear on the Playgrounds Applications. Marks of third parties may appear on the Playgrounds Applications when referring to those entities or their products or services. Third party marks displayed on the Playgrounds Applications are owned by their respective owners.

The Playgrounds Applications and Provider Content also are protected by copyright. Neither the Playgrounds Applications nor any Provider Content may be copied, reproduced, republished, uploaded, broadcast, posted, transmitted, shared, used to create derivative works, or distributed except as expressly permitted by this Agreement or an applicable SaaS Agreement. Use of the Playgrounds Applications or Provider Content in any other way or for any purpose other than as permitted in this Agreement or an applicable SaaS Agreement may be a violation of Provider’s copyrights and other proprietary rights. Permission for all other uses of the Playgrounds Applications or Provider Content must be obtained from Provider in advance and in writing. Further, you acknowledge and agree that the existence of a copyright notice on copies of the Playgrounds Applications or the Provider Content is not an admission or presumption that the publication of the Playgrounds Applications or Provider Content has occurred or is intended.

I understand, acknowledge, and agree that Provider owns all right, title, and interest in and to any improvements to the Playgrounds Applications, Provider Content, or Provider Intellectual Property, regardless of whether such improvements resulted from a comment, suggestion, or recommendation that I made to Provider.

I UNDERSTAND THAT I HAVE NO RIGHTS TO THE PLAYGROUNDS APPLICATIONS, PROVIDER CONTENT, PROVIDER MARKS, OR ANY OTHER PROVIDER PROPERTY EXCEPT AS PROVIDED IN THIS AGREEMENT OR IN AN APPLICABLE SAAS AGREEMENT.

PROVIDER TAKES THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS, INCLUDING COPYRIGHTS, VERY SERIOUSLY. PROVIDER WILL TERMINATE YOUR ACCESS TO, OR USE OF, ALL OR ANY PART OF THE PLAYGROUNDS APPLICATIONS, WITHOUT NOTICE TO YOU, IF YOU INFRINGE OR MISAPPROPRIATE THE INTELLECTUAL PROPERTY RIGHTS, INCLUDING COPYRIGHTS, OF PROVIDER OR OTHERS.

7. I Own My Data and My Apps, and I Give Provider Limited Rights to Use My Data.

I acknowledge and understand that the Playgrounds Applications may collect, download from me, or otherwise receive, directly or indirectly, information, data, and other content (collectively, “Customer Data”). As between Provider and me, I own all right, title, and interest in and to my Customer Data, including all intellectual property rights therein and thereto. I hereby grant Provider a non-exclusive, worldwide, royalty-free, non-transferable license, during the term of my access to the Playgrounds Applications and solely for the purposes set forth in this Section 7, to copy, use, access, process, analyze, format, host, store, transmit, and display my Customer Data to (a) provide, maintain, support, and secure the Playgrounds Applications for me; (b) create Resultant Data; (c) prevent or address service, technical, or security issues; (d) comply with applicable Law or legal process; or (e) enforce this Agreement or exercise any of Provider’s rights or obligations under this Agreement. Provider will not use my Customer Data to train, develop, test, fine-tune, or improve any artificial intelligence or machine learning model, except (i) models, indices, embeddings, or model configurations that are deployed and used solely within my instance of the Playgrounds Applications and solely for my benefit, and (ii) training on Resultant Data. Provider will not sell, rent, license, or otherwise disclose my Customer Data to any third party, other than to service providers bound by written obligations of confidentiality and use no less protective than those set forth in this Agreement. Except with respect to Resultant Data, this license terminates when my access to the Playgrounds Applications ends, provided that Provider may retain my Customer Data solely as necessary to make it available for export under this Section 7, in archival backups made in the ordinary course of business until deleted in the ordinary course, and as required by applicable Law. For thirty (30) days following the termination of my access, Provider will, upon my written request, make my Customer Data and my Customer Apps available for export in a commercially reasonable format.

I also acknowledge and agree that Provider may gather data and information derived from, created from, based on, or related to my use of the Playgrounds Applications, in each case solely in aggregated or deidentified form that does not identify, and cannot reasonably be used to identify, me, my employer, any identifiable individual, any device linked to an identifiable individual, or any property, asset, or portfolio owned or managed by me or my employer (collectively, “Resultant Data”). I understand and acknowledge that Provider owns any Resultant Data and that I have no rights to Resultant Data except as otherwise provided in Provider’s Privacy Notice. Resultant Data does not include Customer Data in identifiable or property-level form, and Provider will not, and will not permit any third party to, attempt to re-identify Resultant Data or to associate Resultant Data with me, my employer, or any property owned or managed by me or my employer. Provider may, for example only, use or have others use Resultant Data to create promotional or marketing materials for Provider’s products or services or for the products or services of others.

I understand that I may also provide suggestions, comments, ideas, enhancement requests, improvements, or other feedback (collectively, “Feedback”) to Provider. I hereby unconditionally and irrevocably assign, transfer, and otherwise convey to Provider all right, title, and interest in and to the Feedback and Resultant Data, including all intellectual property rights therein and thereto. I understand that as between Provider and me, Provider will own all right, title, and interest in and to the Feedback and Resultant Data and may exercise all such rights in and to the Feedback and Resultant Data including sale or license of the Feedback or Resultant Data to any third party, subject only to Provider’s obligations of confidentiality under an applicable SaaS Agreement. As between Provider and me, I own all right, title, and interest in and to any Customer Apps I build and any outputs generated for me through my use of the Playgrounds Applications (including AI outputs), in each case excluding any Provider Content or Provider Intellectual Property incorporated therein. I grant Provider a non-exclusive, worldwide, royalty-free license to host, copy, operate, and display my Customer Apps solely to provide the Playgrounds Applications to me. My right to operate Customer Apps on the Playgrounds Platform ends when my access to the Playgrounds Applications ends, but my ownership of those Customer Apps survives.

8. I Understand that I have Only a Limited Right to Use the Playgrounds Applications.

Subject to and conditioned on your compliance with all terms and conditions set forth in this Agreement and your employer’s or contractee’s compliance with any applicable SaaS Agreement, Provider hereby grants you a non-exclusive, non-sublicensable, non-transferrable, limited license, during the term of your subscription, to (i) access and use the Playgrounds Applications (as changed, modified, or upgraded by Provider from time to time in its sole discretion) in accordance with the terms and conditions of this Agreement and an applicable SaaS Agreement and (ii) to view and display Provider Content (other than Provider software source code) in connection with your use of the Playgrounds Applications. Except as provided in this Agreement, when you use or access the Playgrounds Applications, you are not receiving any other rights from us, including intellectual property or other proprietary rights of Provider. In addition, this Agreement does not entitle you to receive, and does not obligate Provider to provide, technical support services, medical services, telephone assistance, or enhancements or updates to the Playgrounds Applications except as provided in an applicable SaaS Agreement.

In accordance with this license, I understand, acknowledge, and agree that I am allowed to:

1. use the Playgrounds Applications on computer user devices and mobile user devices, but only as necessary for legitimate access to and use of the Playgrounds Applications;
2. temporarily store copies of the Playgrounds Applications and Provider Content in RAM incidental to my accessing and viewing those materials;
3. store files that are automatically cached by my web browser for display enhancement purposes; and
4. take actions enabled by third party features if the Playgrounds Applications enables those features.

I understand, acknowledge, and agree that unless expressly permitted by this Agreement, I am not allowed to:

1. download the Playgrounds Applications or any Provider Content except to the extent the Playgrounds Applications clearly enable a download or export function;
2. upload the Playgrounds Applications or Provider Content to the internet or otherwise make the Playgrounds Applications or Provider Content available on the internet for other persons or entities to copy, download, or use;
3. make the Playgrounds Applications or Provider Content available over a network where it could be used on multiple devices or by multiple users at the same time;
4. use any Provider Intellectual Property in the design, development, manufacture, licensing, or distribution of any devices, accessories, software, or services for use with the Playgrounds Applications;
5. resell, transfer, modify, copy, duplicate, create, or re-create the Playgrounds Applications, programs, offerings, services, or other aspects of the Playgrounds Applications, or the Provider Content;
6. use the Playgrounds Applications to develop any products or services that compete with the Playgrounds Applications, including to develop or train any artificial intelligence or machine learning algorithms or models;
7. resell the Playgrounds Applications;
8. amend, alter, change, or modify the Playgrounds Applications or the Provider Content;
9. use the Playgrounds Applications in any manner that violates any applicable law or regulation, including without limitation, any laws regarding the export of data or software to and from the United States or other countries and any laws regarding privacy, online conduct, or acceptable online content;
10. remove, mutilate, modify, or otherwise change or delete any trademark, logo, copyright notice, or other proprietary notice contained within the Playgrounds Applications or the Provider Content;
11. disassemble, decompile, reverse engineer, or otherwise attempt to discover the source code of the Playgrounds Applications;
12. hack the Playgrounds Applications, spoof the Playgrounds Applications, overburden the Playgrounds Applications, or modify any other software or website to imply falsely that the other software or website is associated with Provider or the Playgrounds Applications;
13. access the Playgrounds Applications through an automated means (i.e., through bots, robots, spiders, scrapers, etc.); or
14. encourage or facilitate any violations of this Agreement.

I represent and warrant that my access to and use of the Playgrounds Applications will at all times comply with all applicable federal, state, local, and foreign laws, rules, and regulations, including, without limitation, all applicable data protection and privacy laws, export and trade-control laws, anti-corruption and anti-bribery laws, and all laws regarding online conduct and acceptable content. I further represent and warrant that (a) I will not access or use the Playgrounds Applications from a country or territory embargoed by the United States or while on any U.S. government list of restricted or denied persons, (b) I am not on any such list, and (c) I will not use the Playgrounds Applications in connection with any activity that would violate any applicable law, rule, or regulation. Without limiting the foregoing, I acknowledge that any violation of applicable law in connection with my use of the Playgrounds Applications constitutes a material breach of this Agreement and that Provider may immediately suspend or terminate my access to the Playgrounds Applications in the event of any such violation without liability to me.

9. I Understand that the Playgrounds Applications May Use or Rely on Artificial Intelligence.

I acknowledge and understand that the Playgrounds Applications may include features (the “AI Features”) that use artificial intelligence and machine learning to generate outputs (the “AI Outputs”) or to take actions on Customer’s behalf, such as software manipulation, data processing, and system interactions (collectively, “AI Actions”). I also acknowledge and understand that (a) AI Features are probabilistic and may produce inaccurate or incomplete AI Outputs; (b) AI Outputs may not be unique; (c) AI Actions may not be error free and may operate not as intended; (d) AI Actions may cause damage to my computer systems or modification to, or deletion of, my Customer Data; (e) I am responsible for reviewing AI Outputs before relying on them and accepts the risks of using and relying on AI Outputs; (f) I accept the risks of AI Actions and am responsible for the use of AI Actions and their results; and (g) I may not use AI Outputs or AI Actions in a manner that would violate any applicable laws or regulations or that would require professional advice (legal, financial, medical, or otherwise) without independent verification. I represent and warrant that (i) I have all rights, licenses, and permissions necessary to use the AI Features, the AI Outputs, and the AI Actions; (ii) use of the AI Features, AI Outputs, or AI Actions will not violate any applicable laws or regulations or be substituted for any professional advice or judgment; and (iii) I will independently confirm the accuracy and validity of all AI Outputs before using or relying on such AI Outputs.

10. I Understand that the Playgrounds Applications May Contain Elements that are Governed by Additional Terms.

A. Third Party Terms and Conditions Generally:

The Playgrounds Applications may contain various third-party software components to enhance the functionality of the Playgrounds Applications. Such third-party software components may have terms and conditions, including privacy policies, which are separate and apart from this Agreement, but apply to you simultaneously. It is your responsibility to read and understand such terms and conditions, including the privacy-implications therein. By your use of the Playgrounds Applications, you represent to Provider that you have read and agree to abide by those third party terms and conditions.

The Playgrounds Applications may contain or interface with links to sites, applications, or content hosted or provided by third parties (“Third Party Content”), which links may appear to embed the Third Party Content into the interface of the Playgrounds Applications. Your use of such Third Party Content is subject to the terms of use, if any, governing the use of such Third Party Content. Provider is not able to control such Third Party Content and assumes no responsibility for their subject matter, privacy policies, or practices. If there is any conflict between this Agreement and any terms or notices set forth with respect to any Third Party Content, then the terms of such Third Party Content will control your use of such Third Party Content. Please review the terms of use for all Third Party Content so that you understand all of the terms that will apply. By using the Playgrounds Applications, you expressly relieve Provider from any and all liability arising from your use of any Third Party Content.

11. I Agree to Indemnify Provider.

I agree to indemnify, defend, and hold harmless Provider, its affiliates, and their respective officers, directors, employees, licensors, contractors, agents, service providers, suppliers, successors, and assigns (collectively, the “Provider Indemnified Parties”) from and against any and all claims, actions, demands, lawsuits, judgments, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) (collectively, “Losses”) incurred by any Provider Indemnified Party arising out of or relating to:

(a) my breach of any term, condition, representation, or warranty in this Agreement;

(b) my violation of any applicable law, rule, or regulation in connection with my access to or use of the Playgrounds Applications or Provider Content;

(c) my Customer Data, including any claim that my Customer Data provided by me or processed on my behalf infringes, misappropriates, or otherwise violates any intellectual property right, privacy right, or other right of any third party;

(d) any unauthorized access to or use of the Playgrounds Applications or Provider Content through my account or Account Information, whether or not authorized by me; or

(e) any negligent, reckless, or willful act or omission by me in connection with this Agreement.

I understand that Provider will promptly notify me of any claim for which it seeks indemnification under this section; provided, however, that Provider’s failure to provide prompt notice shall not relieve me of my indemnification obligations except to the extent I am materially prejudiced by such failure. I understand that Provider has the right, at its option and at my sole cost and expense, to assume the exclusive defense and control of any claim subject to indemnification under this section. I agree to not settle any claim without Provider’s prior written consent, which shall not be unreasonably withheld. This section shall survive the termination or expiration of this Agreement.

12. I Also Agree to the Following Terms and Conditions:

A. Liability and Warranty Disclaimer:

YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE PLAYGROUNDS APPLICATIONS IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, AND ACCURACY IS WITH YOU. IN ADDITION, YOU ASSUME THE TOTAL RISK AND RESPONSIBILITY FOR THE PLAYGROUNDS APPLICATIONS AND UNDERSTAND AND ACKNOWLEDGE THAT ANY LOSS OF DATA, DATA ERRORS, DAMAGE TO YOUR COMPUTER SYSTEM, INCOMPLETE TRANSACTIONS, SYSTEM DOWNTIMES, LOST SALES, LOST TRANSACTIONS, BUSINESS INTERRUPTION, LOST PROFITS, OR ANY OTHER ISSUES YOU EXPERIENCE USING THE PLAYGROUNDS APPLICATIONS ARE AT YOUR SOLE RISK AND ARE NOT THE RESPONSIBILITY OF PROVIDER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLAYGROUNDS APPLICATIONS AND ANY SERVICES PERFORMED OR PROVIDED BY THE PLAYGROUNDS APPLICATIONS (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU UNDERSTAND AND AGREE THAT THE PLAYGROUNDS APPLICATIONS WILL NOT BE UNINTERRUPTED OR ERROR FREE AND THAT PROVIDER MAY NOT CORRECT ALL ERRORS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS PROVIDED IN AN APPLICABLE SAAS AGREEMENT, NEITHER PROVIDER NOR ITS AFFILIATES, NOR THEIR RESPECTIVE PERSONNEL MAKE ANY, AND HEREBY DISCLAIM ALL, WARRANTIES AND CONDITIONS WITH RESPECT TO THE PLAYGROUNDS APPLICATIONS AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NEITHER PROVIDER NOR ITS AFFILIATES, NOR THEIR RESPECTIVE PERSONNEL WARRANTS AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PLAYGROUNDS APPLICATIONS, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PLAYGROUNDS APPLICATIONS OR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE PLAYGROUNDS APPLICATIONS OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PROVIDER, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE PERSONNEL SHALL CREATE A WARRANTY. MOREOVER, NOT ALL THE FUNCTIONALITY AND FEATURES SET FORTH IN THIS AGREEMENT, IN AN APPLICABLE SAAS AGREEMENT, OR IN ANY COMMUNICATIONS OR ADVERTISING FOR THE PLAYGROUNDS APPLICATIONS WILL NECESSARILY BE AVAILABLE IN THE CURRENT VERSION (OR ANY FUTURE VERSION) OF THE PLAYGROUNDS APPLICATIONS, AND NO MENTION OF SUCH FUNCTIONALITY OR FEATURES SHOULD BE CONSTRUED AS A PROMISE TO PROVIDE SUCH FUNCTIONALITY OR FEATURES IN THE PLAYGROUNDS APPLICATIONS OR IN ANY OTHER PRODUCT OFFERED BY PROVIDER OR ITS AFFILIATES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROVIDER, ITS AFFILIATES, OR THEIR RESPECTIVE PERSONNEL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, BUSINESS INTERRUPTION, PERSONAL INJURY, PROCUREMENT OF SUBSTITUTE GOODS OR SUBSTITUTE SERVICES, OR ANY OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), REGARDLESS OF WHETHER SUCH DAMAGES ARE CHARACTERIZED AS DIRECT DAMAGES OR AS INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, AND EVEN IF PROVIDER, OR ITS AFFILIATES ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS ON LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT. YOU AND PROVIDER HEREBY ACKNOWLEDGE AND AGREE THAT BOTH YOU AND PROVIDER WOULD NOT BE ABLE TO PERFORM HEREUNDER ON AN ECONOMIC BASIS WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY CAUSED DIRECTLY BY THE NEGLIGENCE OF PROVIDER, THE LIMITATION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY THE FRAUDULENT MISREPRESENTATION OF PROVIDER, OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO ALL OR A PORTION OF THIS LIMITATION MAY NOT APPLY TO YOU.

EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL PROVIDER’S, ITS AFFILIATES’ OR THEIR RESPECTIVE PERSONNEL TOTAL, AGGREGATE LIABILITY TO YOU, INDIVIDUALLY, FOR ALL DAMAGES EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID UNDER THIS AGREEMENT IN FEES TO PROVIDER TO ACCESS THE PLAYGROUNDS APPLICATIONS IN THE PRECEDING SIX (6) MONTHS (NOT INCLUDING, FOR THE SAKE OF CLARITY, ANY AMOUNTS PAID UNDER AN APPLICABLE SAAS AGREEMENT) OR (B) ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

The foregoing states the entire obligation of Provider and your exclusive remedy arising out of your use of the Playgrounds Applications and the Provider Content.

B. Global Availability:

The Playgrounds Applications and Provider Content are available only for use by United States residents. Use by residents outside of the United States is strictly prohibited.

C. Use by Children under the Age of 18:

In order to accept this Agreement and access the Playgrounds Applications, you must be at least 18 years of age.

D. Security Policy:

Provider maintains appropriate safeguards in place to protect the security, confidentiality, and integrity of your personal information. Safeguards may include administrative, physical, and electronic safeguards to protect against the unauthorized access, disclosure, alteration, destruction, loss, or misuse of your personal information. Provider limits access to your personal information to our employees and third parties necessary to provide the Playgrounds Applications and other services to you.

E. Dispute Resolution Agreement:

All matters relating to the Playgrounds Applications and Provider Content and any disputes, controversies, claims (whether based on contract, tort, statute, or other legal or equitable theory) between you and Provider arising out of or relating to (1) this Agreement (including the breach, termination, or validity thereof), the Playgrounds Applications, or the Provider Content or (2) whether any particular dispute, controversy, or claim is a Dispute (as defined below) under this Agreement (each a “Dispute”) will be resolved to the fullest extent permitted under applicable law solely and exclusively pursuant to the provisions of this Section 11.E (the “Dispute Resolution Agreement”). Each party represents and warrants that unless prohibited by applicable law it will only resolve Disputes pursuant to this Dispute Resolution Agreement.

1. WAIVER OF JURY TRIAL, COURT TRIAL, AND CLASS ACTION RIGHTS. YOU KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT THAT YOU MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY ACTION, SUIT, OR PROCEEDING RELATING TO A DISPUTE SUBJECT TO EXCLUSIVE DISPUTE RESOLUTION PURSUANT TO THIS SECTION 11.E OR THE ENFORCEMENT OF ANY AWARD (AS DEFINED BELOW). YOU ALSO WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING AGAINST US OR RELATED THIRD PARTIES ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS AGREEMENT. You also agree that you will not participate in any coordinated, mass, or batched arbitration against Provider.
2. Confidentiality. The existence of any Dispute and any documents, evidence, or other materials disclosed by you or Provider to the other, to the mediator a or the Arbitrator (as defined below) as a part of any Dispute, the Award (as defined below), and any other information relating to the resolution of any Dispute under this Agreement (collectively, the “Dispute Confidential Information”) shall be kept confidential, and there shall be no disclosure of any confidential information under this Section 11.E except to a party’s legal or financial advisors (subject to an obligation of confidentiality) or as necessary to enforce this Agreement or any decision of the Arbitrator pursuant to this Agreement.
3. Governing Law. This Dispute Resolution Agreement, including the breach, interpretation, validity, or enforceability thereof, and the enforcement of any Award (as defined below) or decision of the Arbitrator (as defined below) pursuant to this Agreement shall be governed by the United States Arbitration Act, 9 U.S.C. §§1 et seq. (“FAA”), to the exclusion of any provision of law inconsistent therewith or which would produce a different result. If it is determined that the FAA does not apply to any of the foregoing, then the laws of the State of Texas shall apply without regard to choice of law principles. In resolving a Dispute (including regarding applicability of statutes of limitation), the Arbitrator shall apply, without regard to choice of law principles, the substantive laws of the State of Texas.
4. Court Proceedings; Forum Selection; Confidentiality. To the fullest extent permitted by applicable law, you agree that you will resolve all Disputes against us first through informal resolution and then by arbitration in accordance with Section 11.E.5 of this Agreement. You agree that you will bring any claim or controversy regarding this Agreement or the matters contemplated by this Agreement that cannot be submitted to binding arbitration under Section 11.E of this Agreement (if any) solely and exclusively in the state or federal courts located in the United States District Court for the Southern District of Texas—Houston Division or, if such court lacks jurisdiction, in the Texas Business Court located in Houston Texas, or if such court lacks jurisdiction, in the state district courts located in Houston, Texas. We may bring any Dispute against you in any court of competent jurisdiction, including in your country of residence or any other relevant country, and you hereby waive any and all objections to jurisdiction and venue of such courts. In addition, in no event will the terms of this Section 11.E limit our right to investigate complaints or reported violations of this Agreement or to take any action we deem necessary and appropriate to mitigate actions against us, including reporting any suspected unlawful activity to law enforcement officials, regulators, or third parties. You acknowledge and agree that this forum-selection provision is non-reciprocal, and that such non-reciprocity is a material term of this Agreement
5. Dispute Resolution Procedures.
   1. Notice of Dispute. You shall commence the resolution of a Dispute only by providing a written notice of Dispute (the “Dispute Notice”) to Provider explaining in reasonable detail the general nature of the Dispute and the relief or remedy sought.
   2. Informal Resolution. If you provide a Dispute Notice, you will give us thirty (30) days from the date of our receipt of the Dispute Notice to resolve the Dispute to your reasonable satisfaction before commencing arbitration. If we do not resolve the Dispute in this thirty (30) day period, you may then, and only then, submit the Dispute to binding arbitration.
   3. Arbitration. Any arbitration shall be in accordance with the 2018 International Institute for Conflict Prevention and Resolution (“CPR”) Rules for Non-Administered Arbitration (the “CPR Rules”). Either party (“Claimant”) may commence an arbitration by sending a notice of arbitration to the other party (“Respondent”) in accordance with the CPR Rules. Any arbitration conducted under this Agreement shall be heard by a sole arbitrator (the “Arbitrator”) qualified by education, training, and experience to resolve the Dispute. The seat of any arbitration shall be Houston, Texas. The Arbitrator shall fix a reasonable time and place for any hearings (which may be telephonic or by video conference) and shall determine the Dispute pursuant to the provisions of this Agreement in a timely manner, with the expectation that, absent special circumstances, a final hearing (which may be telephonic or by video conference) will be held within two (2) months after the selection of the Arbitrator. The Arbitrator shall render his or her decision (the “Award”) in writing within ten (10) business days of the conclusion of the final hearing to determine the Dispute and shall state the reasoning on which the Award rests unless the Parties agree otherwise. The Parties agree that except as provided otherwise in this Agreement, the Arbitrator shall have the broadest powers allowable under applicable law, including that the Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this Agreement or whether any particular claim or controversy is a Dispute subject to arbitration under this Agreement. The Arbitrator will not have the power to conduct any form of class or collective arbitration nor to join or consolidate Disputes against us with Disputes brought against us by any other persons. Discovery shall be limited to the exchange of documents among the parties to the arbitration. Depositions are not allowed. No discovery requests may be made to any person that is not a party to the arbitration. The responsibility for paying the costs of the arbitration (as defined in Rule 17.2 of the CPR Rules) shall be apportioned among the Disputing parties in a manner determined by the Arbitrator to be reasonable, taking into account the circumstances of the case, the conduct of the parties during the proceeding, and the result of the arbitration. Notwithstanding the foregoing, the Arbitrator shall have the power to order an arbitration under this Agreement joined with an arbitration under the Dispute Resolution Agreement under an applicable SaaS Agreement involving the same events or circumstances giving rise to the dispute being arbitrated pursuant to this Agreement. In the event of consolidation or joinder, the arbitrator of the consolidated or joined proceedings shall set an appropriate but expeditious schedule for resolution of the matters.
   4. Arbitration Award. Any Award of an Arbitrator shall be final and binding on the parties, and parties will undertake to carry out the Award without delay. An Award may not be appealed except to the limited extent permitted by the FAA. Judgment upon an Award rendered by the Arbitrator may be entered by any court having jurisdiction. All parties will act in good faith to avoid submitting an Award to a court and will endeavor in good faith to abide by any Award without the intervention of a court. Any claim or controversy regarding the interpretation of an Award or the applicability of an Award to any party shall be considered a Dispute subject to resolution pursuant to this Agreement.
6. Injunctive Relief. You understand and agree that a breach or threatened breach of this Agreement will cause Provider irreparable damage for which the recovery of money damages alone would be inadequate. Therefore, Provider will be entitled to obtain injunctive relief in any court of competent jurisdiction to protect and enforce Provider’s rights under this Agreement in addition to any and all remedies available at law without the requirement to post a bond (or with the posting of a nominal bond if a bond is required by applicable law). In addition, if we believe that you have acted or failed to act in any manner that may cause harm to us or any third party, we may seek injunctive or other appropriate relief in any court of competent jurisdiction. For Disputes you bring against us, the Arbitrator shall have the sole authority to grant injunctive relief, including preliminary injunctive relief.
7. Limitations of Actions. Regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected in any way with this Agreement, the Playgrounds Applications, or Provider Content, must be submitted to Provider in a proper Dispute Notice pursuant to this Section 11.E of the Agreement within twelve (12) months of the date the facts giving rise to the suit were known or should have been known by you, or be forever barred.

F. Internet and Mobile Device Data Services:

The Playgrounds Applications requires use of the internet to operate correctly, and the quality and availability of the Playgrounds Applications may be affected by factors beyond Provider’s control. Except as provided otherwise in an applicable SaaS Agreement, Provider does not accept responsibility for unavailability of the Playgrounds Applications. The terms of your agreement with your respective internet service provider or mobile provider apply when using the Playgrounds Applications. You may be charged by your internet service provider or mobile provider for access to network connection services for the duration of the connection while accessing the Playgrounds Applications. All such charges are your responsibility. Further, you agree that your use of the Playgrounds Applications is not contrary to any terms or conditions of coverage extended to you by your respective internet service provider or mobile provider.

G. Third Party Playgrounds Applications:

We assume no responsibility for any third party Playgrounds Applications that link to our Playgrounds Applications. If a third party links to our website, it does not imply that we endorse, authorize, sponsor or are affiliated with that third party.

H. Miscellaneous:

This Agreement, along with an applicable SaaS Agreement, is the complete and entire agreement between you and Provider pertaining to the subject matter of this Agreement. It supersedes and replaces any and all prior or contemporaneous agreements, understandings, communications and discussions between you and Provider relating to this Agreement, the Playgrounds Applications, and your use of the Playgrounds Applications and the Provider Content.

You expressly represent and warrant that, in entering into this Agreement, you have relied and are relying solely upon your own judgment, investigation, and the express representations and warranties set forth in this Agreement, and that you are not relying upon, and have not been induced by, any statement, representation, promise, opinion, projection, demonstration, or assurance of any kind (whether oral or written) made by or on behalf of Provider that is not expressly set forth in this Agreement.

The failure of Provider to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision nor prejudice Provider’s right to take subsequent action. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is found unlawful, void, or unenforceable by a court based upon any written decree, that provision shall be modified to the extent necessary to render it enforceable without losing its intent or it shall be deemed severable from this Agreement if no modification is possible. The remainder of this Agreement shall remain in full force and effect and modification or severance of any one provision shall not affect the validity and enforceability of any of the remaining provisions.

I. How to Contact Us:

To ask questions, to raise a concern about the Playgrounds Applications or the Provider Content, or to give a notice required under this Agreement, you may contact us at:

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