Terms of Service

Along with the Privacy Policy, this Terms of Service (the “Terms”) governs access to, and use of, the Company’s B^DISCOVER services, whether provided through mobile application (our “App”), website, or otherwise; all related features, functionalities, tools, applications, data, software, APIs, and the like; their inputs and outputs; and their contents (the foregoing, collectively and any part thereof, the “Services”).

1.1. Who These Terms Apply to

These Terms apply to everyone who accesses or uses the B^DISCOVER Services (“user(s)” or “you”) and is a legally binding contract between you and the Company in relation to the Services.

1.2. Who These Terms Apply to

You are permitted to access and use the Services only if you meet the age and capacity Eligibility requirements and you agree to, and you comply with, the Terms and the Privacy Policy, and with all other agreements with the Company and with all applicable and duly enacted and promulgated laws and regulations of the relevant jurisdiction(s) (“Law(s)”).

By signing up for, or otherwise accessing, or otherwise using the Services, you expressly:

Declare and confirm that you meet the minimum age and capacity requirements of your jurisdiction to be eligible to use the Services (as detailed in Section 2); and

Represent and warrant that you have read and understood these Terms, agree that you are bound by it, and agree to comply with it as it may be updated from time to time and with applicable Laws.

If you are not eligible to use the Services or you are unable to, do not agree to, or at any time cease to, comply with the Terms and Privacy Policy and any other agreement you may have with the Company as may be modified from time to time, then you must immediately stop accessing and using the Services.

2. Eligibility

B^DISCOVER Services are not directed towards, nor intended for use by, anyone who lacks, or is deemed to lack, legal capacity under applicable Law, whether due to not being of age or otherwise. To access or use the Services, you must be a natural person and meet all other requirements of this Section (collectively the “Eligibility” requirements; such individuals being “Eligible”), including:

Meet the minimum age requirements of your jurisdiction in the table below and, where applicable, have obtained your parent or guardian’s consent, or

If your jurisdiction is not included in the chart below, be at least the age of majority (be legally recognized as an adult) in your jurisdiction.

In addition, to access or use certain features or functions of the Services, you must have reached the age of majority in your country of residence.

If your jurisdiction is marked with an asterisk (*) in the table below, and parent or guardian consent is required for you to access or use any feature or function of the Services, your parent or guardian must enter into the Terms on behalf of you.

Country	Age Requirements
Australia, Denmark*, Hong Kong, United Kingdom	Must be 18 or older, or be 13 or older, and have parent or guardian consent.
Brazil, Germany	Must be 18 or older, or be 16 or older, and have parent or guardian consent.
Canada	To use the Free Subscription, must be 13 or older. To register for a Paid Subscription, you must be the age of majority in your province or territory of residence or be 13 or older with parent or guardian consent.
Cyprus*, Italy, Lithuania, Netherlands	To use the Free Subscription, must be 16 or older or 13 or older and have parent or guardian consent. To register for a Paid Subscription, you must be 18 or older, or 13 or older, and have parent or guardian consent.
Egypt, Indonesia	Must be 21 or older, or be 13 or older, and have parent or guardian consent.
Japan, Taiwan, Thailand	Must be 20 or older, or be 13 or older and have parent or guardian consent.
Slovakia*	Must be 16 or older, or be 13 or older and have parent or guardian consent.
Republic of Korea	Must be 19 or older, or be 14 or older, and have parent or guardian consent.
Tunisia	Must be 18 or older.

You may not make a B^DISCOVER account or access or use the Services on behalf of another person unless expressly permitted by these Terms and only if you possess the legally valid authority to accept the Terms and use the Services on such other person’s behalf.

3. User Account Activation, Usernames, and Account Deletion

3.1. Account Registration

You are not required to register or to make an account with us to use B^DISCOVER Services. However, certain features of the Services are limited to registered users. To register for an account, please follow the prompts and instructions in the App, including providing and consenting to the collection and use of your Personal Data in accordance with our Privacy Policy Personal Data that you provide must be your own and be true, accurate, valid, complete, and current at the time of registration, and you must keep it accurate and up-to-date during your use of the Services. See our Privacy Policy for more information.

Upon registration, you may be allowed to choose a username and password for your account. We reserve the right to disallow, cancel, remove or reassign certain usernames or permalinks as determined by us in our sole discretion.

3.2. Users Responsible for Accounts

You are solely responsible for all data usage fees and other costs that you incur in accessing or using the Services and for the activity that takes place in your B^DISCOVER account, even if your account is accessed or used by others without your knowledge or consent. If you suspect fraudulent use or hijacking of your account, please inform us immediately by email to [email protected].

3.3. Account Usage Restrictions

You are prohibited from accessing and using B^DISCOVER accounts, Apps, and Services and for enabling or soliciting others to do so for any of the following uses or purposes:

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Creating, using, and deleting any account by entering and using false information, including by appropriating or stealing the Personal Data or device or another;

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Creating accounts to collect and/or access information in unauthorized ways, including performing identity verification of others via text message SMS without their consent;

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Selling, transferring, or lending the account to others;

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Repeated creation and deletion of accounts that is outside the normal use of the Services;

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Repetitive postings and any other similar activity that may cause disruption to the Services

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To advertise, sell, market, or otherwise promote products or services of third parties or your own products or services;

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For competitor market research;

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In any way that violates the Terms of Service , Privacy Policy, and operational or other policies of the Company or the Services;

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In any way that violates any applicable national, local, federal, state, or international law or regulation, including without limitation to solicit prostitution for gambling;

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For the purpose of exploiting, harming, or attempting to exploit minors in any way;

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To generate or disseminate verifiably false information and/or content with the purpose of harming others;

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To generate or disseminate personally identifiable information that can be used to harm an individual;

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To harass other users by stalking, filing false or malevolent reports, etc.;

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In any manner that prevents, interrupts, or otherwise disrupts the normal operations, computer software, hardware, electronic communication devices, etc., used for the Services and by users of the Services;

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To misrepresent your identity to others, such as by falsely claiming to be an employee or agent of the Company, B^DISCOVER, or a service provider of the Company, or by falsely claiming to be or represent any public figure, member of the media, government official, etc.;

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To exploit technical or system vulnerabilities for commercial, promotional, advertising, or malicious purpose;

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To post software viruses, other computer codes, files, or programs designed to disrupt or destroy the normal operation of computer software, hardware, and electronic communication devices; and/or transmit the foregoing materials via email or message;

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To gain unauthorized access to any part of the Services, to copy any software of the Services not publicly available, to reverse engineer, decompile, or the like;

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In an effort to circumvent content filtering and monitoring systems;

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To modify, adapt, or hack the Services and any part thereof;

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To modify another website to give any false impression of any association with the company or the Services;

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In any manner that infringes on the copyright or other rights of the Company or third parties (including the activities that injure third parties' copyright, locally and abroad

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Any attempts to access the Service on purpose or by means and methods to deceive the Company, even after the Company has taken preventive measures to block IPs technically);

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Copy, distribute, or commercially utilize any information obtained from or in connection with the use of the Services without the prior written consent of the Company;

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Transmitting information that can interfere with or impede a stable operation of Services in bad faith, or sending commercial information or Spam Mail against recipients' explicit refusal or without their unambiguous consent;

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To generate, create, upload, store, transmit, submit, exchange, or make available any Prohibited Contents; and

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Any other uses similar to the prohibited uses and other uses deemed by us, in our sole discretion, to be inappropriate uses of Services.

3.4. User-initiated Account Deletion

You can apply for the deletion of your account at any time via the App. Upon your successful submission of your request to delete your account, your Personal Data, other than any such data that should be preserved for a certain period as prescribed in the relevant Laws and regulations and in accordance with the Privacy Policy, will be deleted without delay.

3.5. Company-initiated Account Deletion

The Company has the right, but not the obligation, to suspend, withdraw, block access to, and/or terminate B^DISCOVER user accounts that we deem in our sole discretion have been used in violation of the Terms or applicable Law or to comply with the order of a civil government authority at any time without prior notice.

3.6. Automatic Account Deletion Due to Inactivity

Your account may be deleted automatically, or your access to it suspended, if you do not access it or make use of the Services for six months (with respect to suspension) and one year (with respect to automatic deletion) or if you are in breach of the Terms. The foregoing may apply to the Services as a whole or to individual services and functions thereof, as applicable. For more information about how your Personal Data is handled in the event of account suspension or deletion, see the Privacy Policy.

3.7. New Accounts after Deletion

Even after the termination of your account in accordance with the Terms, you can set up a new account and again subscribe to B^DISCOVER Services; provided, however, that in the event your account was terminated or suspended due to your breach of applicable Law or the Terms, your use of the Services, or any part, may be restricted for a period of time to be determined by the Company in its sole discretion.

4. Contents

4.1. Overview

B^DISCOVER’s Services allow users to input prompts in the form of text and/or images (“Inputs”) to create, select, edit, store, share, post, transmit, and publicly display content that includes but is not limited to text, photos, graphics, videos, or other materials (all such collectively, "Contents") in accordance with, and subject to, the Terms.

You own the Contents that you generate using the Services, subject to the terms and conditions of the Terms and applicable Law and subject to your full and ongoing compliance with the Terms and with all other agreements between you and the Company.

4.2. User Content Representations

You represent, warrant, and covenant to the Company that you will only Input, upload, store, distribute, send, transmit, display, perform, make available, continue to make available, or otherwise communicate to others via the Services text, photos, other images, videos, avatars, and other contents that you either (i) own in full yourself without incumbrance or (ii) that you do not own but possess full authorization to use in the Services in accordance with the Terms, including and granting to the Company the intellectual property rights set forth in the Terms.

4.3. User Acknowledgement of Third-Party Rights and Penalties for Violating Rights

You acknowledge and agree that any unauthorized use of third-party contents to create the Contents or otherwise in the Services may be a violation of third-party rights and is strictly prohibited. Any breach by you of this provision or other provision of the Terms and any other violation by you of third-party rights may result in termination of your access to the Services, and it may also result in civil litigation or criminal prosecution against you by or on behalf of the relevant rightsholder. And you are required to indemnify the Company and its associates for any claims and harms caused by your breach of the Terms and otherwise as more specifically set forth in the Indemnification clause.

4.4. Prohibited Contents

You may not use your Account or the Services, or enable or solicit others to use the Services, to create, post, or otherwise distribute Contents that:

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Express hatred of others based on individual or group identities

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Harass, threaten, bully, or incite violence toward others

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Promote or glorify violence or gore, or celebrate the suffering or humiliation of others

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Promote, encourage, or depict individual or group acts of self-harm.

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Display obscene or pornographic images or actions

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Constitute “spam”, or unsolicited bulk content

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Are false, fraudulent, or otherwise intended or deemed likely to defraud individuals

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Infringe on the portrait rights (e.g. deep fakes), copyrights, trademarks, or other rights of third parties.

4.5. Community Rules

The Company reserves the right to establish at any time additional rules related to community and sharing features and functions of the B^DISCOVER Services and any part of them (“Community Rules”). Community Rules take effect when posted and may be updated from time to time. Your continued use of the Services after Community Rules take effect constitutes your agreement to comply with them, and your failure to so do constitutes a breach of these terms.

4.6. Content Monitoring

Notwithstanding the fact that the Company has no legal obligation to monitor the Contents in the Services, the Company reserves the right to block, remove or delete any Contents at any time, and to limit or restrict access to any Contents, for any reason and without liability, including without limitation, if we have reason to believe that such content does or might infringe the rights of any third party, has been uploaded or posted in breach of the Terms, is prohibited under the Prohibited Contents provision or is otherwise unacceptable to the Company. The foregoing applies equally with respect to actions we take manually and those taken through the use of automated filtering systems.

5. Third Party Websites, Applications, and Services

The Services are integrated with or may otherwise interact with third-party websites, applications, and services (“Third-Party Services”) to provide the Services to you. These Third-Party Services, which may operate in foreign jurisdictions, and which may require your Personal Data to be transferred to such jurisdictions, may have their own terms and conditions of use and privacy policies, and you understand and agree that we do not endorse and do not have or maintain any control over these Third-Party Services, and are not and cannot be held responsible for their content, operation or use, or for any transaction, you may enter into with the provider of any such Third-Party Services, nor do we give any warranty with respect to the compatibility, content, operation or use of any such Third-Party Services. By using Third-Party Services, you agree to be bound by the additional terms and policies of each such Third-Party Service.

Third-Party Services	Third-Party Terms and Privacy Policies
Alphabet Inc. (Google Cloud Platform)	[Terms of Service], [Privacy Policy]
Google LLC Play Store In-app purchases	[Terms of Service], [Privacy Policy]
Apple App Store in-app payments	[Terms of Service], [Privacy Policy]
AppsFlyer Inc. Marketing Analytics	[Terms of Service], [Privacy Policy]
Algolia, Inc. Search	[Terms of Service], [Privacy Policy]

See our Privacy Policy for additional information about what Personal Data is shared with Third-Party Services and for how long they retain such data.

6. Intellectual Property

6.1. Grant of Rights

You grant to the Company, its successors, and assigns a perpetual, worldwide, non-exclusive, royalty-free, irrevocable license to publicly display, publicly perform, sublicense, assign, distribute, reproduce, prepare derivative works of, and otherwise make use of all Contents created, uploaded, stored, transmitted, submitted, exchanged, generated or made available by you in connection with the Services. Such grant of rights shall take effect immediately upon the creation of such Contents.

The Company hereby grants you a personal, worldwide, non-assignable, non-exclusive, and royalty-free license necessary for your use of Services in accordance with these Terms, such license only in effect only to the extent that you are and remain fully compliant with the Terms, while you maintain an account with the Services, and while the Services are provided by the Company. Such license is limited to the use of the Services in accordance with the Terms only and does not include any other rights with respect to the Services or to use the Company's trademarks and logos.

This platform includes certain open-source software elements. Notwithstanding anything to the contrary in the Terms, each open-source software element shall be governed by its respective applicable license provisions to the extent in conflict with these Terms, the details of which shall be specified in the opensource policy.

This Grant of Rights clause constitutes an essential part of this agreement and shall survive in relevant part the termination of the Terms by any party for any reason.

6.2. Claims of Infringement

If you believe that your intellectual property rights have been infringed by a user of the Services, please notify the Company in writing by email to [email protected] and include in your email:

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a clear description of the copyrighted work or other intellectual property that you claim has been infringed;

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a clear description of the location of the material in the Services that you claim is infringing, with enough detail that we may find it;

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your address, telephone number, and email address;

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a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or applicable Law;

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a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf; and

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an electronic or physical signature of, as applicable, the owner or person authorized to act on behalf of the copyright or other intellectual property interest you claim has been infringed.

The Company may process and investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act or other applicable intellectual property Laws with respect to any alleged or actual infringement.

This Intellectual Property clause constitutes an essential part of this agreement and shall survive termination of the Terms by any party for any reason.

7. Paid Services

7.1. Paid Services Categories

Certain functions and features of the Services are provided to you free-of-charge without requiring you to create a B^DISCOVER account, other functions and features are provided to you free-of-charge when you create a B^DISCOVER account (“Free Subscription”) and other functions, and features of the Services require your account registration, payment method activation, and payment. Fee-based Subscriptions are “Paid Subscriptions”. Paid Subscriptions and all non-subscription fee-based Services, including the purchase of content (“Purchased Content”), are collective “Paid Services”.

7.2. Fees and Payment

“Fees” are amounts charged in connection with your Paid Services. Fees may include taxes. You will pay all Fees according to the prices and terms on the applicable pricing page of the relevant Third-Party Service or as otherwise agreed between us in writing. You will provide and keep current, complete, and accurate billing information, including a valid payment method. You authorize the Company, and its affiliates, and our third-party payment processor(s), to charge the Fees to your designated payment method. Payments are non-refundable except as provided in the Terms. We have the right to correct pricing errors or mistakes even if we have already issued an invoice or received payment.

7.3. In-App Purchases

Paid Services that you purchase from the Apple App Store or Google Play Store are governed by the terms and conditions of such Third-Party Services in addition to these Terms. In the event of any conflict with the payment provisions of the terms of such Third-Party Services and these Terms, the relevant payment terms of the Third-Party Services will prevail. We are unable to view, access, or modify any financial transactions from the Apple App Store or Google LLC in-app subscriptions. Please contact these Third-Party Service Providers directly regarding any refunds or to manage your Purchased Content.

For more information about Apple in-app subscriptions or purchase payments and refunds, please go here. For more information about Google in-app subscriptions or purchase payments and refunds, please go here .

7.4. Paid Subscriptions Renewals and Cancellations

Paid Subscriptions will automatically renew, with your designated payment method automatically being charged, at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of such period. Paid Subscription cancellations take effect the day after the last day of the then-current subscription period, and you will be automatically downgraded to and may continue to use the Services under the Free Subscription.

7.5. Subscription Trials

From time to time, we or others on our behalf may offer trials or special offers of Paid Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). These Trials may be subject to separate and additional terms and conditions. We may determine your eligibility for a Trial and withdraw or modify a Trial at any time without prior notice and with no liability to the extent permitted under applicable Laws.

For some Trials, we will require you to provide your payment details to start the Trial. By providing such details, you agree that we may automatically begin charging you for the Paid Subscription on the first day following the end of the Trial on a recurring monthly or yearly basis or another interval that we disclose to you in advance. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION AT THE LATEST ON THE LAST DAY BEFORE THE RENEWAL DATE.

When you cancel a free Trial during the Trial period, you will lose access to the Paid Subscription immediately upon cancellation, and your B Discover account will switch to a Free Subscription unless otherwise advertised.

If you register for a Paid Subscription, you may change your mind for any or no reason and receive a full refund of all monies paid within fourteen (14) days starting from the day you register for the Services (the “Cooling-off Period”) in accordance with the following:

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If you register for a Trial, you agree that the Cooling-off Period for the Paid Subscription for which you are receiving a Trial ends fourteen (14) days after you start the Trial. If you don’t cancel the Paid Subscription before the Trial ends, you lose your right of withdrawal and authorize us to automatically charge you the agreed price each month until you cancel the Paid Subscription.

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If you purchase a Paid Subscription with no Trial, you authorize us to charge you automatically each month until you cancel. You agree that the Cooling-off Period is available for fourteen (14) days after your purchase but is lost once you use the Services during that period.

You also expressly agree that by logging in and starting to use the Services at any time during the Cooling-off Period, your right of withdrawal in relation to the Paid Subscription will be irrevocably lost.

7.6. Fee Changes

We may change the prices for Paid Services from time to time. For automatically renewing Paid Subscriptions, we will give you advance notice of any price changes, and the new prices will take effect at the start of the next subscription period following the date of the price change. Your continued use of Paid Services after the price change takes effect shall be deemed your consent to such changes, to the extent permitted by applicable Law. If you do not agree to any price change, you have the right to reject it by canceling your Paid Subscription before the price change takes effect.

7.7. Disputes and Late Payments

If you want to dispute any Fees, please contact us within thirty (30) days of the date of the disputed invoice. Undisputed amounts past due may be subject to a finance charge of 1.5% of the unpaid balance per month. If any amount of your Fees is past due, we may suspend your access to the Services after we provide you written notice of late payment.

7.8. Free Subscription Limitation

You may not create more than one account to benefit from the Free Subscription tier of the Services. If we believe you are not using a Free Subscription in good faith, we may charge you Fees or stop providing you access to the Services.

8. Service and Warranty Disclaimers

8.1 . To the extent permitted by applicable Laws, all the Services are provided on an “AS IS”; “WITH ALL FAULTS” and “AS AVAILABLE” basis and you use them at your sole risk.

8.2. To the extent permitted by applicable Laws, the Company, on behalf of itself, its B^DISCOVER Services, and its affiliates, licensors, distributors, vendors, agents, and suppliers, expressly disclaims any and all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, non-infringement, fitness for a particular purpose, and any other warranty arising from Laws related to the Services.

8.3. Without limitation, the Company makes no warranty that the Services will meet your requirements, that they will be uninterrupted, timely, secure, or error-free, that the results obtained from the use of them will be accurate or reliable, that the Generated Contents will be original, or that the quality of the Services will meet your expectations.

8.4. The Company makes no warranty with respect to and assumes no liability or responsibility for any loss or harm of any nature whatsoever resulting from your access to and use of the Services; any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; any interruption or cessation of transmission to or from the Services or servers; any bugs, viruses, worms, Trojan horses or like which may be transmitted to or through the Services by any third party or any errors or omissions in any content or for any loss or damage of any kind incurred as a consequence of the use of any content posted, e-mailed, transmitted or otherwise made available via the Services.

8.5. The Company expressly disclaims all warranties relating to Third-Party Services.

The warranty disclaimers in this Section constitute an essential part of this agreement and shall survive termination of the Terms by any party for any reason.

9. Indemnification

You hereby agree to indemnify, defend and hold harmless the Company (including its successors, assigns, affiliates, agents, directors, officers, employees, shareholders, and advisors from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, due to, resulting from or related to:

a breach by you or a user of your account of the Terms, of the Privacy Policy, or of applicable Laws;

any third-party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from your use of the Services, and/or you're making such use available thereof to other users of the Services, and/or the actual use of the contents by other users of the Services or any Third-Party Services in accordance with the Terms and the parameters set by you with respect to the distribution and sharing of contents; and

any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by an act or default for which we are solely responsible.

This indemnification clause constitutes an essential part of this agreement and shall survive termination of the Terms by any party for any reason.

10. Limitation of Liability

In no event shall the Company be liable for any losses realized related to your access to or use of the Services, including any losses for intellectual property infringement. Notwithstanding the foregoing, in no event shall the maximum aggregate liability of the Company for damages exceed the fees actually received from you by the Company.

In no event shall the Company nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Services; (b) any conduct or Contents of any third party; (c) use of any Contents; and (d) unauthorized access, use, or alteration of Contents, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

This limitation of liability clause constitutes an essential part of this agreement and shall survive termination of the Terms by any party for any reason.

11. Governing Law; Dispute Resolution

The Terms shall be governed and construed in accordance with the laws of the Republic of Korea, without regard to its conflict of law provisions. Any dispute, controversy or claim arising out of, related to, or in connection with the Terms or the Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreement) shall be exclusively heard in the Seoul Central District Court.

To the extent permitted by applicable law, all claims and disputes must be adjudicated on an individual basis and not on a representative or collective class basis, and by agreeing to these Terms, you waive any right you might otherwise have to any such collective or representative action. Only individual relief is available, and claims of more than one user, person, or entity cannot be consolidated with those of any other user, person, or entity.

This governing law and dispute resolution clause constitutes an essential part of this agreement and shall survive termination of the Terms by any party for any reason.

12. Miscellaneous

12.1. The Terms and the Privacy Policy together constitute the entire agreement between you and the Company with respect to the Services and supersede and replace any prior agreements that may have existed between you and the Company regarding the Services. All provisions of these Terms described as essential parts of this agreement or which by their nature should survive any termination or expiration of these Terms shall survive such termination or expiration, including without limitation: restrictions on the use of the Services, grant of a license, warranties with respect to intellectual property, warranty disclaimers, indemnification, limitation of liability, severability, governing law, dispute resolution, class action waiver, termination, personal data retention and deletion, and miscellaneous clauses.

12.2 The section and paragraph headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.

12.3. Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver.

12.4. You agree that except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries. We may assign, transfer or delegate any of our rights and obligations hereunder without consent. You may not assign, transfer or delegate any of your rights and obligations hereunder without our consent.

12.5. Should one or more provisions of the Terms be found to be unlawful, void, or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Service, which will remain in full force and effect.

12.6. The Company will not be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, or war. The Terms do not create any agency, partnership, or joint venture between you and the Company.

This miscellaneous clause constitutes an essential part of this agreement and shall survive termination of the Terms by any party for any reason.

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