Please read these Terms of Service (the "Terms") and our Privacy Notice (https://smallest.ai/privacy-policy) ("Privacy Notice") carefully because they govern your use of the website located at https://smallest.ai/ (the "Site") and the AI-powered speech infrastructure technologies, including text-to-speech (TTS) and speech-to-text (STT) systems, and related services accessible via the Site offered by Smallest Inc. ("Smallest", "we", "us", or "our"). To make these Terms easier to read, the Site and our services are collectively called the "Services."

IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND SMALLEST THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 17 "DISPUTE RESOLUTION" BELOW FOR DETAILS REGARDING ARBITRATION.

1. AGREEMENT TO TERMS. By using our Services, you agree to be bound by these Terms. If you don't agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, "you" and "your" will refer to that entity.

2. PRIVACY NOTICE. Please review our Privacy Notice, which also governs your use of the Services, for information on how we collect, use and share your information.

3. CHANGES TO THESE TERMS OR THE SERVICES. We may update the Terms from time to time in our sole discretion. If we do, we'll let you know by posting the updated Terms on the Site and/or may also send other communications. It's important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don't agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
   
   

4. WHO MAY USE THE SERVICES? (a) Eligibility. You may use the Services only if you are eighteen (18) years or older and capable of forming a binding contract with Smallest, and not otherwise barred from using the Services under applicable law. (b) Account Registration and Your Information. In order to use the Services, you must create an account ("Account"). It's important that you provide us with accurate, complete and up-to-date information for your Account, and you agree to update such information to keep it accurate, complete and up to date. If you don't, we might have to suspend or terminate your Account. You agree that you won't disclose your Account password to anyone and will use all reasonable means to secure your Account password and associated login credentials. You agree to immediately notify us if you know or have any reason to suspect that your Account has been compromised, and you agree not to share your Account with any other person or otherwise permit any other person to use your Account, even on a temporary basis. You're responsible for all activities that occur under your Account, whether or not you know about them. We may take actions we deem reasonably necessary to prevent fraud and abuse, including placing restrictions on user accounts or on the amount of content that can be generated from the Services at any one time. (c) Services. Subject to the terms and conditions of these Terms, Smallest hereby grants you a limited, non-exclusive, non-transferable right to use the Services in accordance with the terms and conditions herein and in the Documentation. For purposes of this agreement "Documentation" means the documentation relating to the Services, if and as provided by Smallest (including any revised versions thereof), which may be updated from time to time upon notice to you. (d) Use Restrictions. You will not and will not permit any person or entity to, directly or indirectly: (i) copy, modify or create any derivative work of any portion of the Services or the Documentation; (ii) reverse engineer, decompile, decode, disassemble, engage in model extraction or stealing attacks, prompt injection attacks or any other adversarial attacks set forth in the NIST AI 100-2 E2023 publication available at https://nvlpubs.nist.gov/nistpubs/ai/NIST.AI.100-2e2023.pdf or otherwise attempt to derive or gain improper access to any software components, models, algorithms or systems of the Services, in whole or in part; (iii) frame, mirror, sell, resell, market, sublicense, publish, distribute, reproduce, assign, transfer, rent, lease or loan any portion of the Services to any other person or entity, or otherwise allow any person or entity to use the Services for any purpose other than for your benefit in accordance with these Terms; (iv) use the Services, Output (as defined below) or Documentation in any manner or for any purpose that infringes, misappropriates or otherwise violates any intellectual property rights or other right of any person or entity, or that violates any applicable law; (v) interfere with, or disrupt the integrity or performance of, the Services, or any data or content contained therein or transmitted thereby; (vi) access or search the Services (or download any data or content contained therein or transmitted thereby) through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers or any other similar data mining tools) other than software or Services features provided by Smallest for use expressly for such purposes; (vii) utilize the Services, Documentation, Input or Output to train, improve or have trained or improved an AI model (e.g., engage in "model scraping"); or (viii) use the Services, Documentation, Output or any other Smallest confidential information for benchmarking or competitive analysis with respect to competitive or related products or services, or to develop, commercialize, license or sell any product, service or technology that could, directly or indirectly, compete with the Services. (e) Use of the Services. The Services allow you to create AI agents that make outbound calls and receive inbound calls with our voice cloning features. All use of the Services must comply with our TCPA and Telemarketing Compliance Policy, incorporated in these Terms by reference and available at https://smallest.ai/tcpa-compliance.
   
   
   

5. FEEDBACK. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services ("Feedback"). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
   
   
   

6. PAYMENTS. Smallest requires payment of a fee for use of the Services (or certain portions thereof) and you agree to pay such fees. You have the option of purchasing pre-paid credits ("Prepaid Credits") or purchasing a subscription ("Subscription") for such use. (a) General. Whether you purchase Prepaid Credits or a Subscription (each, a "Transaction"), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, "Payment Information"). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information ("Payment Method"). When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your Payment Method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. Unless otherwise set forth on your Order Form, your Transaction will be charged at the applicable rates published on https://smallest.ai/pricing ("Pricing Page"). All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars. (b) Subscriptions. If you purchase a Subscription, you will be charged the Subscription fee, plus any applicable taxes, and other charges ("Subscription Fee"), at the beginning of your Subscription and each month or year thereafter as applicable, at the then-current Subscription Fee. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE SMALLEST TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you in advance of each Subscription period, using the Payment Information you have provided until you cancel your Subscription. No less than thirty (30) days and no more than sixty (60) days before your Subscription term ends, or otherwise in accordance with applicable law, Smallest will send you a reminder with the then-current Subscription Fee. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Smallest. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms. (c) Prepaid Credits. If you purchase Prepaid Credits, your Prepaid Credits will be consumed at certain rates based on a variety of criteria (e.g., speech recognition minutes) as you use the Services, and as set forth on the Pricing Page. (d) Payment. Any Payment Method that you provide Smallest must be valid and kept current by you during the Subscription period. By providing Smallest with a Payment Method, you represent and warrant that you are authorized to use such Payment Method. If Smallest cannot charge your selected Payment Method for any reason (such as expiration or insufficient funds), you remain responsible for any uncollected amounts, and Smallest will attempt to charge the Payment Method again as you may update your Payment Information. In accordance with local law, Smallest may update information regarding your selected Payment Method if such information is provided by your financial institution. If you fail to make any payment when due, late charges will accrue at the rate of 1.5% per month or, if lower, the highest rate permitted by applicable law and Smallest may suspend the Services until all payments are made in full. You will reimburse Smallest for all reasonable costs and expenses incurred (including reasonable attorneys' fees) in collecting any late payments or interest. (e) Cancelling Subscription. If something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we'll refund any payment you have already remitted to us for such Transaction. Without limiting the foregoing, you may cancel your Subscription at any time from within your Account dashboard, but please note that such cancellation will not be effective until the end of the then-current Subscription period. YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the end of your then current Subscription period and will then terminate without further charges. (f) Price Changes. Smallest reserves the right to change the fees it charges for the Services, at any time in its sole discretion, provided that Smallest gives you at least 30 days' prior notice of such changes by updating the Pricing Page. Unless otherwise specified in such notice to you, any changes to such fees will take effect in the billing period immediately following Smallest's update. (g) No Refunds. FEES ARE NONREFUNDABLE. YOU WILL BE BILLED IN FULL FOR THE SUBSCRIPTION TERM IN WHICH YOU CANCEL AND NO REFUNDS WILL BE PROVIDED FOR THE UNUSED PORTION OF SUCH SUBSCRIPTION TERM. Smallest may, in its sole discretion, provide a refund, discount, or credit ("Credits") to you in a specific instance, however the provision of Credits in a specific instance does not entitle you to Credits in the future for similar instances or obligate Smallest to provide additional Credits. (h) Taxes. Unless otherwise stated, Smallest's charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively "Taxes"). You are responsible for paying Taxes, except those assessable against Smallest as measured by its net income. Unless you provide evidence of an exemption, Smallest will invoice and charge you for such Taxes if Smallest believes it has a legal obligation to do so and you agree to pay such Taxes if so invoiced.
   
   
   

7. TRIAL SERVICES. Smallest may offer free or trial versions of the Services ("Trial Services") from time to time. Smallest will make the Trial Services available to you until your Usage meets the trial credit amount of ten dollars ($10). Notwithstanding Sections 13 or 14, Smallest will have no liability for any harm or damage arising out of or in connection with any Trial Services.
   
   
   

8. YOUR CONTENT, INPUT AND OUTPUT. (a) Posting Content. Our Services may allow you to store or share content such as text (in posts or communications with others), files, documents, graphics, images, music, software, audio (including voice recordings) and video. Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as "User Content". Smallest does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content. (b) Input and Output. The Services may generate output for you (each, "Output") in response to: (i) your interaction, request or input; or (ii) User Content uploaded or submitted to influence the Output or Services (collectively, "Input"). As between you and Smallest, to the extent permitted by applicable law and subject to Section 8(a): (1) you own all Input that you provide; and (2) subject to your compliance with these Terms (including Section 4(d)), Smallest assigns to you its right, title and interest in and to the Output generated by your Input. You may not sell or share the Output with any third parties for commercial benefit or purposes. Smallest may use and modify Input and Output to enforce any applicable acceptable use policies or usage policies and to comply with applicable law. If you provide Input in the form of an audio voice recording, we may require you to provide documentation demonstrating that the person whose voice is captured in such Input has granted authorization for the creation and use of a cloned voice. Failure to provide adequate proof may result in the removal of voice models, suspension of Services, or termination of your Account. (c) Permissions to Your User Content. By making any User Content and Input available through the Services you hereby grant to Smallest a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, host, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content and Input in connection with operating and providing the Services and Smallest's other products and services. We will not use such User Content or Input to train and improve our Services or to develop new products and services. (d) Your Responsibility for User Content. You are solely responsible for all your User Content and Input. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content and Input under these Terms. You represent and warrant that neither your User Content and Input, nor your use and provision of your User Content or Input to be made available through the Services, nor any use of your User Content or Input by Smallest on or through the Services will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. (e) Removal of User Content. You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content. (f) Smallest's Intellectual Property. We may make available through the Services content that is subject to intellectual property rights. We retain all rights to that content, and to the Services, including all AI models and systems.
   
   

9. GENERAL PROHIBITION AND SMALLEST'S ENFORCEMENT RIGHTS. You agree not to do any of the following: (a) Post, upload, publish, submit or transmit any User Content or Input that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, modal rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances; (b) Use the Services or any Output in a manner that violates the permitted use under these Terms, including the TCPA and Telemarketing Compliance Policy and any other usage policies as applicable; utilize the Services (including any AI models or derivatives thereof), Documentation, Input or Output to train, improve or have trained or improved an AI model (e.g., engage in "model scraping"); (c) Use, display, mirror or frame the Services or any individual element within the Services, Smallest's name, any Smallest trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Smallest's express written consent; (d) Access, tamper with, or use non-public areas of the Services, Smallest's computer systems, or the technical delivery systems of Smallest's providers; (e) Attempt to probe, scan or test the vulnerability of any Smallest system or network or breach any security or authentication measures; (f) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Smallest or any of Smallest's providers or any other third party (including another user) to protect the Services; (g) Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Smallest or other generally available third-party web browsers; (h) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; (i) Use any meta tags or other hidden text or metadata utilizing a Smallest trademark, logo URL or product name without Smallest's express written consent; (j) Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms; (k) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information; (l) Attempt to decipher, decompile, disassemble, reverse engineer, engage in any of the adversarial attacks set forth in the NIST AI 100-2 E2023 publication available at https://nvlpubs.nist.gov/nistpubs/ai/NIST.AI.100-2e2023.pdf, or otherwise attempt to derive or gain improper access to any of the software, components, models, algorithms or systems used to provide the Services; (m) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; (n) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission; (o) Impersonate or misrepresent your affiliation with any person or entity, including generate synthetic audio or voices to create or distribute: deceptive deepfakes, impersonations intended to defraud, unauthorized celebrity voice simulations, political disinformation, financial scams, emergency service impersonations, harassment or extortion content; (p) Violate any applicable law or regulation; or (q) Encourage or enable any other individual to do any of the foregoing. Smallest is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, Input or Output, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
   
   
   

10. DMCA/COPYRIGHT POLICY. Smallest respects copyright law and expects its users to do the same. It is our policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Smallest's Copyright and IP Policy at https://smallest.ai/copyright-and-ip-policy, for further information.
    
    
    

11. LINKS TO THIRD PARTY WEBSITES OR RESOURCES. The Services may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party resources.
    
    
    

12. TERMINATION. We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your Account, at our sole discretion, at any time and without notice to you. Unless otherwise set forth in your Order Form, you may cancel your Account at any time from within your Account dashboard. Upon any termination, discontinuation or cancellation of the Services or your Account, the following Sections will survive: 6(a) - 6(e) (only for payments due and owing to Smallest prior to the termination), 8(b), 8(c), 8(e), 9, 11, 12, 13, 14, 15, 16 and 17.
    
    
    

13. WARRANTY DISCLAIMERS.
    
    (a) General Disclaimer. THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services or Output will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services or Output. (b) Similarity, Accuracy and Appropriateness of Output. Due to the nature of machine learning, Output may not be unique and the Services may generate the same or similar output for Smallest or a third party. Smallest's assignment of Output as set forth in Section 8(b) does not extend to other Smallest users' output. GIVEN THE PROBABILISTIC NATURE OF MACHINE LEARNING, THE SERVICES MAY IN SOME SITUATIONS PRODUCE OUTPUT THAT IS INACCURATE, INCORRECT, OFFENSIVE OR OTHERWISE UNDESIRABLE. THE ACCURACY, QUALITY AND COMPLIANCE WITH APPLICABLE LAW OF THE OUTPUT IS DEPENDENT UPON AND COMMENSURATE WITH THAT OF THE INPUT PROVIDED AND YOUR COMPLIANCE WITH THESE TERMS, AND NOTWITHSTANDING ANYTHING ELSE SET OUT HEREIN, SMALLEST WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OR DAMAGES RELATING TO OR ARISING FROM USER CONTENT, INPUT, OUTPUT OR THEIR USE. You will evaluate the content, nature and accuracy of any Output as appropriate for the applicable use case, including by using human review of the Output.
    
    
    

14. INDEMNITY. You will indemnify and hold Smallest and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, Input, Output or their processing or use by Smallest, (c) your violation of any third party's rights, including, but not limited to, intellectual property rights, right of privacy, right of publicity and confidentiality, or (d) your violation of these Terms.
    
    
    

15. LIMITATION OF LIABILITY. (a) Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER SMALLEST NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SMALLEST OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. (b) Total Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SMALLEST'S TOTAL CUMULATIVE LIABILITY TO YOU ARISING FROM ALL CLAIMS UNDER OR RELATED TO THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS ACTUALLY PAID BY YOU OR PAYABLE BY YOU TO SMALLEST FOR USE OF THE SERVICES, PROVIDED THAT IN NO EVENT WILL SMALLEST'S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS MADE UNDER OR RELATED TO THIS AGREEMENT EXCEED ONE HUNDRED DOLLARS ($100.00). (c) Basis of the Bargain. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SMALLEST AND YOU.
    
    
    

16. GOVERNING LAW AND FORUM CHOICE. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 16 "Dispute Resolution," the exclusive jurisdiction for all Disputes (defined below) that you and Smallest are not required to arbitrate will be the state and federal courts located in San Francisco, California, and you and Smallest each waive any objection to jurisdiction and venue in such courts.
    
    
    

17. DISPUTE RESOLUTION.
    
    (a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Smallest agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Smallest are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms. (b) Exceptions. As limited exceptions to Section 16(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. (c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement. (d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won't seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we'll pay all of our attorneys' fees and costs and won't seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses to the extent provided under applicable law. (e) Injunctive and Declaratory Relief. Except as provided in Section 16(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration. (f) Class Action Waiver. YOU AND SMALLEST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties' Dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void. (g) Severability. With the exception of any of the provisions in Section 16(f) of these Terms ("Class Action Waiver"), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
    
    
    

18. GENERAL TERMS.
    
    (a) Reservation of Rights. Smallest and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. (b) Entire Agreement. These Terms, and any Order Form signed by you and Smallest, constitute the entire and exclusive understanding and agreement between Smallest and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Smallest and you regarding the Services. To the extent you have a signed Order Form with Smallest and the Order Form conflicts with these Terms, the Order Form prevails. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Smallest's prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. Smallest may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. (c) Notices. Any notices or other communications provided by Smallest under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. (d) Waiver of Rights. Smallest's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Smallest. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
    
    
    

19. CONTACT INFORMATION. If you have any questions about these Terms or the Services, please contact Smallest at legalteam@smallest.ai.