Astrocade Terms of Service

TERMS OF SERVICE

Last Updated: April 8, 2025

THESE TERMS OF SERVICE (“TERMS”) APPLY TO YOUR ACCESS TO AND USE OF THE WEBSITES, MOBILE APPLICATIONS, AND OTHER ONLINE PRODUCTS, SERVICES, APPLICATIONS, FORUMS, CONTENT, AND FUNCTIONALITY (COLLECTIVELY, THE “SERVICES”) PROVIDED BY ASTROBLOX, INC. (“Astrocade”, “WE”, “OUR” OR “US”).

PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START TO USE THE SERVICES. BY USING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF SERVICE AND ACKNOWLEDGE RECEIPT OF OUR PRIVACY POLICY AVAILABLE AT https://www.astrocade.com/privacy-policy. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF SERVICE, YOU MUST NOT USE THE SERVICES.

BY AGREEING TO THESE TERMS, YOU AND ASTROCADE AGREE TO RESOLVE MOST DISPUTES SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION (NOT IN COURT), CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL. IF YOU DO NOT WISH TO ARBITRATE DISPUTES WITH ASTROCADE, YOU MAY OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 20.

1. Our Users

ANY ACCESS OR USE BY ANYONE UNDER THE AGE OF 13 IS PROHIBITED. TO ENTER INTO THE CONTRACT CREATED BY THESE TERMS, YOU MUST BE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE. YOU ARE LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS USING OR ACCESSING OUR SERVICES, INCLUDING THE ACTIONS OF ANYONE YOU ALLOW TO ACCESS YOUR ACCOUNT. YOU AFFIRM THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY, UNDERSTAND AND ACCEPT THESE TERMS (INCLUDING ITS DISPUTE RESOLUTION TERMS).

IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY (A “MINOR”) IN YOUR JURISDICTION OR STATE OF RESIDENCE, YOU MAY ONLY USE THE SERVICES UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN WHO ALSO AGREES TO THESE TERMS AND ACKNOWLEDGES RECEIPT OF OUR PRIVACY POLICY IN RESPECT OF YOUR CHILD’S USE OF OUR SERVICES. BY PERMITTING A MINOR TO USE THE SERVICES, A MINOR’S PARENT OR GUARDIAN BECOMES SUBJECT TO THESE TERMS AND AGREES TO BE RESPONSIBLE FOR ALL OF THE MINOR’S ACTIVITIES ON THE SERVICES, INCLUDING THE PURCHASE OF ANY VIRTUAL CONTENT.

If you are accepting these Terms and using our Services on behalf of a company, organization, government or other legal entity, then “you” includes you and that entity, and you confirm that you are authorized to bind that entity to these Terms and agree to these Terms on that entity’s behalf.

2. Our Services

We may supply different or additional terms in relation to some of our Services. Those different or additional terms (“Supplemental Terms”) become part of your agreement with us if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.
As part of the Services, Astrocade may make available artificial intelligence-powered features and tools (“AI Services”), including to generate a game (“Game”) based on the prompts you supply. You understand and agree that, as explained further in Section 16, because the AI Services rely on emerging technology and the prompts and other inputs you provide, responses and other content generated by the AI Services may be inaccurate, inappropriate, or otherwise not be suitable for play. You acknowledge and agree that the Game may not be unique, and the Services may generate the same or similar output for other users of the Services utilizing the generative artificial intelligence features.
Certain of our Services are pre-general availability Services that are in their ‘demo’ or ‘beta’ phase (“Beta Offerings”). Beta Offerings may be more prone to errors or inaccuracies, and the Beta Offerings may, at any time and without prior notice, be modified, suspended, unavailable or discontinued. Astrocade has no obligation to launch general availability Services that are not in their beta phase, and any such general availability program may have significantly different features from such Beta Offerings.
If you have any questions about these Terms or our Services, please contact us at info@astroblox.ai.

3. Privacy Notice

For information about how we collect, use, share or otherwise process information about you, please see our Privacy Policy at:

https://www.astrocade.com/privacy-policy

4. Your Account

Creating an Account. You may need to register for an account to access some or all of our Services (“Account”). To create an Account, you will be asked to provide username, date of birth, and method of authenticating your Account, which may include a password and, depending on the resources accessed, you may also be asked to provide other information like a verified email address, verified phone number, or a government-issued photo identification. If you register for an Account, you must provide true, accurate, and up to date information and promptly update this information if it changes. Astrocade reserves the right to take steps to ensure that any information you provide to Astrocade in connection with your Account is accurate. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.
Account Security and Responsibilities. You must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. You must not authorize others to use your account credentials. You are responsible for the activities of such users that occur in connection with your account.
Suspension or Termination of Account. If you violate these Terms, including the Astrocade Community Standards, Astrocade reserves the right, in its sole discretion, to terminate or suspend (i) your Account and (ii) your right to use and access the Services, including by suspending or terminating any alternate account(s) you create or have created. Account suspension or termination may also involve the suspension or termination of access to any content you have acquired on the Services.

5. Paid Services

Our Services may include both paid-for Services (“Paid Service(s)”) and free Services, for which no fees are charged (“Free Service(s)”). We may also offer certain Paid Services to be paid for on a recurring basis (“Subscription Service(s)”) and others on an as-used basis (“A La Carte Service(s)”). Subscription Services may subject you to recurring fees and/or terms. By signing up for a Subscription Service, including after any free trial period, you agree to pay us the subscription fee and any applicable taxes, charges, fees, levies or other assessments imposed by any domestic or foreign taxing authority (“Taxes”) (collectively, “Subscription Fee”). A La Carte Services may subject you to fees and Taxes charged per usage and/or terms, including transaction volume (“A La Carte Fee(s)” and, together with Subscription Fees, the “Paid Services Fee(s)”). We will invoice you on the first of each month for any A La Carte Fee(s) incurred during the immediately preceding month. By using an A La Carte Service, you agree to pay the A La Carte Fee(s) within thirty (30) days from the invoice date, unless otherwise stated in an order form. Unless otherwise stated, all Paid Services Fees are exclusive of any Taxes. You are responsible and liable for determining any and all Taxes required to be assessed, incurred, collected, paid or withheld for your use of the Services.
IF YOU ENTER INTO A SUBSCRIPTION SERVICE, UNLESS YOU CANCEL THE SUBSCRIPTION SERVICE BEFORE RENEWAL, BY DEFAULT (AND WITH PRIOR NOTICE TO THE EXTENT REQUIRED BY APPLICABLE LAW), YOUR SUBSCRIPTION SERVICE WILL AUTOMATICALLY RENEW FOR THE AGREED UPON MONTHLY OR ANNUAL TERM, AND THE APPLICABLE SUBSCRIPTION FEE WILL BE AUTOMATICALLY CHARGED TO YOU AT THE TIME OF RENEWAL WITH AN ACTIVE PAYMENT METHOD ON FILE IN YOUR ACCOUNT.
IF YOU DO NOT WANT YOUR SUBSCRIPTION SERVICE TO AUTOMATICALLY RENEW, YOU CAN CANCEL YOUR SUBSCRIPTION SERVICE AT ANY TIME PRIOR TO RENEWAL USING THIS LINK OR ON YOUR “ACCOUNT MANAGEMENT” PAGE BY CLICKING THE “CANCEL SUBSCRIPTION” BUTTON. YOU MAY ALSO CANCEL YOUR SUBSCRIPTION SERVICE BY SENDING THE FOLLOWING CANCELLATION EMAIL TO US. You may cancel a Subscription Service at any time, but if you cancel your Subscription Service before the end of the current subscription period, we will not refund any Paid Services Fees already paid to us.
We may change the Paid Services Fees at any time, but any such change will not apply to you until such time as your current Subscription Service expires or is renewed (whichever is earlier). After such time, your use of the applicable Services will be charged at the then-current Paid Services Fees. If you do not agree to these price changes, you must cancel your Subscription Services before the changes take effect, by providing at least ten days prior notice. If you do not provide such notice, your Subscription Services will automatically renew at the then-current price at the time of renewal and for the same duration as the initial subscription term, and we will charge your on-file payment card or method on the first day of the renewal of the subscription term. Where a Paid Services Fee has increased, we will notify you of the relevant fee increase prior to the renewal of your Subscription Service. If you switch to a Subscription Service with higher Subscription Fees, we will restart your billing period on the date you switch to the new Subscription Service and apply a pro-rated credit of the amount not used for the old Subscription Service to the first month’s payment for the new Subscription Service. We may establish, limit, revoke, and otherwise change credit and credit usage limits and terms at any time, in our sole discretion, with or without notice to you.
All financial transactions conducted for the Paid Services are made using one or more third-party payment processors we may engage from time to time. All such transactions are governed by the payment processors’ respective terms of use and privacy policies, which we do not control. We have provided a list of our third-party payment processors and links to their respective terms of service and privacy policies. We encourage you to review our third-party payment processors’ terms of service and privacy policies before submitting your payment information. We do not process or retain your credit card, debit card, or other payment information. This information is used solely for the purpose of allowing you to sign up for and access and use the Paid Services. All billing information you provide to our third-party payment processor must be truthful and accurate and you represent that you are authorized to use the payment method in the manner contemplated here. You expressly authorize us (via our third-party payment processors) to charge the payment method you provide for any Paid Services you use. Your selection of the “Subscribe,” “Accept” or similar button on the checkout page is your electronic signature and you agree that (i) this signature is the legal equivalent of your wet or manual signature and (ii) this transaction is equivalent to an in-person transaction where your payment method is physically present.
If your payment details change, your card or other payment method provider may provide us with updated payment details. We may use these new details or details from other payment methods on file in order to help prevent any interruption to your use of the Paid Services. If you do not want to have your card or other payment method automatically updated, you can opt out of these services by contacting your financial institution. If you would like to use a different payment method or if there is a change in payment method, please update your payment method in your “Account Management” page.
The billing date will depend on the type of Paid Service (e.g., monthly or annual Subscription Service) that you choose and will be charged on the billing date indicated on your “Account Management” page. In certain circumstances, your billing date may change. For instance, if we are unable to successfully charge your card on a given day (e.g., a federal holiday or due to technical failures). If we cannot charge your payment method for any reason (such as expiration or insufficient funds), and you have not cancelled the Subscription Service, you remain responsible for any uncollected amounts for the Subscription Service as well as any A La Carte Fees, and we will attempt to charge the payment method as you may update your payment method information. We reserve the right to cancel or suspend your Service if we are unable to successfully charge your payment method for any Paid Services.
From time to time, we offer you Free Services, or offer some users seven (7) day free trials to access some or all of the Paid Services. Such Free Services are subject to these Terms except as otherwise stated in the free trial offer. Unless you enter into a Subscription Service or A La Carte Service agreement with us to access some or all of the Services prior to the end of your free trial period, your access to the Services will automatically terminate.

6. Your Content; Astrocade Content

Your Content. You can provide, upload, and otherwise make available various content (including certain information, text, graphics, images, files, scripts, designs, instructions, illustrations, photographs, pictures and other material) to the Services (“Your Content”). Your Content is used to generate your Game (including your Game’s interactions with other players) and graphics (collectively, your “User Generated Content” or “UGC”). Do not use a person’s name or other information in a prompt unless you have their permission. Your Content also includes inputs received by your Game from a person interacting with your Game. You own Your Content and your UGC, excluding in each case Astrocade Content.
Astrocade Content. Astrocade owns or controls all rights in and to Astrocade Content (including the AI Services) and all elements contained therein. Subject to your compliance with this Section 6, Astrocade grants you a non-exclusive, limited, revocable, non-sublicensable, and non-transferable license to use the Astrocade Content solely for the purpose of creating, developing, modifying, or Publishing (defined below) your UGC on the Services. You may only use Astrocade Content in a way consistent with these Terms. “Astrocade Content” means content, functions, operations, technology, responses or other features made available, provided, developed or generated by Astrocade that are contained in, generated by, or made available through the Services, including:
1. content derived from the Generic Game Functionality (defined below);
2. the Generic Game Assets (defined below);
3. the instructions used to call on the Services to provide Generic Game Functionality or Generic Game Assets that you may embed with Your Content or that our Services may embed in UGC; (iv) outputs generated by or resulting from Generic Game Functionality or Generic Game Assets; or (v) any other images, text, graphics, video data, data, files, images, scripts, designs, button icons, illustrations, photographs, audio clips, music, sounds, pictures, interactive features, and other content generated by or provided with the Services that is not provided by you or a derivative work of the Your Content.
“Generic Game Functionality” means the generic functionality, physics, or other features of a Game, including how a Game operates and features made available to tailor, interpret, create and control attributes, visuals and elements of cognition, and behavior of a Game (such as goals and motivations, manners of speech, memories and knowledge, and voice) that interacts in and with an Game.
Astrocade Assets. Astrocade or Astrocade’s licensors own or control all rights in all Generic Game Assets and Templates and all elements contained therein. Using a Template does not give you any ownership rights in or to that Template. “Generic Game Assets” means generic visuals, graphics, elements, characters, assets, and things of or in a Game that the Services provides. “Templates” mean those suggested prompts, games, or other materials that are made available by Astrocade (generally via AI Services) and which serve as a starting point that you can use to more easily create your UGC.
Your Representations. You may upload, submit, publish, display, generate, transmit, or otherwise make available publicly (collectively, with each of their cognates, “Publish”) Games on the Services, and you understand that depending on your use of our Services, that your UGC may be visible to others. If you choose to Publish any information, you do so at your own risk. You represent, warrant and covenant that: (i) you have complied with all applicable laws in connection with your collection, use and provision of Your Content and generation of UGC; (ii) you have provided all notices, and have or have obtained all rights, licenses and permissions required under applicable law as may be necessary for you and the Astrocade or its licensors to process Your Content and UGC and provide the Services as contemplated by these Terms; and (iii) Your Content and UGC does not and will not infringe, misappropriate, violate, dilute or otherwise conflict with the intellectual property rights or personal rights of any third party.
Limited License to Astrocade. You hereby grant to Astrocade and its affiliates the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable right and license (with right to sub-license through multiple levels to any person or entity) to:
1. to use, in whole or in part, Your Content and UGC to provide the Services to you, including to generate and provide your Game(s) and UGC;
2. publicly display, reproduce, perform and otherwise to use, in whole or in part, Your Content and UGC and associated username with respect to any Game(s) or UGC that you elect to Publish on our Services to provide your Game(s) and UGC to others;
3. publicly display, reproduce, perform and otherwise to use, in whole or in part, Your Content and UGC and associated username with respect to any Game(s) or UGC that you elect to Publish on our Services to promote, market, or advertise Astrocade or the Services (including with other material or with other user’s UGC, and in Astrocade’s marketing, promotional and exhibition materials, Astrocade’s websites or mobile applications, and at any public forum including conventions, conferences and symposiums) solely for the purpose of marketing, promoting and otherwise demonstrating the Services; and,
4. to create, use, and disclose Anonymized Data (defined below) for any purpose; and, to use Your Content and UGC to develop, maintain and improve the Services and any other products, software, and services of Astrocade and/or its affiliates. “Anonymized Data” means any data collected in connection with the Services (including Your Content and UGC) that has been aggregated and/or de-identified in such a manner such that you or any other individual cannot be identified from the data when it is shared outside of Astrocade, its affiliates or contractors or service providers of any the foregoing.
Deletion. You may not create, post, store or share any content or generated content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that Your Content will not (and will not cause any of UGC to) violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor Your Content, UGC, or Games, we may: (i) delete or remove Your Content, UGC, or Games at any time and for any reason with or without notice; (ii) terminate or suspend your access to all or part of the Services (defined below) if Your Content, UGC, or your use of the Services is reasonably likely, in our sole determination, to violate applicable law or these Terms; (iii) take any action with respect to Your Content, UGC or your use of the Services that is necessary or appropriate, in our sole discretion, to ensure compliance with applicable law and these Terms or to protect any third-party rights, including third-party intellectual property and privacy rights (e.g., providing information to copyright owners in furtherance of Digital Millennium Copyright Act takedown requests); and (iv) cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services.

7. Right to use Services

You are permitted to use the Services for your personal, non-commercial use only. Except as provided below, you must not copy, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of the material obtained through the Services, or delete, or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services, except as set forth in these Terms.

8. Prohibited Conduct and Content

You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using any of our Services. In addition, you will not:
1. Exceed or circumvent any credit, access or usage limitations associated with the Services, and/or your Subscription Service(s), A La Carte Service(s) and/or Free Service(s);
2. Sell, or resell our Services or provide our Services as a service bureau, absent having a separate written agreement with us that allows for such additional uses of the Services;
3. Use any of the Services to engage in any harassing, threatening, intimidating, predatory or stalking conduct;
4. Use or attempt to use another user’s account;
5. Impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any of Your Content, UGC or Game emanates from the Services;
6. Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted in writing by us or our licensors;
7. Modify any of our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
8. Use any of our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
9. Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
10. Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from or through our Services;
11. Except as expressly permitted by these Terms or a separate agreement with us, develop or use any applications that interact or integrate with our Services without our prior written consent;
12. Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
13. Bypass or ignore instructions contained in our robots.txt file; or
14. Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
You will not create, post, store, submit or share any content, generated content or application that is, or that causes our Services to provide, transmit, or receive any content that, as determined by us in our sole discretion:
1. Is not G-rated material;
2. Is unlawful, hateful, libelous, defamatory, obscene, pornographic, sexually explicit, indecent, lewd, suggestive, offensive, inflammatory, harassing, threatening, invasive of privacy or publicity rights, abusive, fraudulent, or promotes violence or discrimination;
3. Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
4. Would constitute, encourage or provide instructions for dangerous activities or self-harm;
5. Is deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people;
6. Is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;
7. May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
8. Impersonates any person or entity, or falsely state or otherwise misrepresents you or your affiliation with any person or entity;
9. Contains any unsolicited promotions, political campaigning (or other references to politicians, ballot-boxes, protests, or other content that may be used to influence the political process or to campaign), advertising or solicitations;
10. Contains any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., driver’s license numbers, passport numbers) or credit card numbers;
11. Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
12. Is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose us or others to any harm, liability or disrepute of any type.
Enforcement of this Section 8 is solely at our discretion, and failure to enforce this Section 8 in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 8 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules. Without limiting any of our rights or remedies, we reserve the right to retain any and all fees collected from you if we terminate, deactivate or cancel your account or your access to the Services due to your breach of these Terms.

9. Ownership; Limited License

The Services, including the Astrocade Content contained, provided or generated therein are owned by us or our licensors and are protected under both United States and foreign laws. You retain all rights in and to Your Content and UGC provided by you to the Services. Except as explicitly stated in these Terms, all rights in and to the Services, including the Astrocade Content, are reserved by us or our licensors. Any use of the Services and/or Astrocade Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein and violate our intellectual property rights. We reserve the right to apply technical or numerical limitations on use of the Services and the Astrocade Content and other features we now make available and will make available in the Services, which may vary depending on the Services you obtain or purchase from us.

10. Astrocade Trademarks and Publicity

Our trademarks and our logos, our product or service names, our slogans and the look and feel of the Services, including Astrocade Content, are our intellectual property and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

11. Feedback

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about us or our Services (collectively, “Feedback”). You hereby grant to Astrocade a nonexclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid-up license to use and otherwise exploit the Feedback for any purpose, commercial or otherwise, including to develop, copy, Publish, or improve the Feedback, the Services, Generic Game Functionality or Generic Game Assets, or to develop or improve new products, services, materials, Generic Game Functionality, Generic Game Assets or intellectual property. You understand that we may use Feedback to develop, copy, Publish, or improvement We will exclusively own all improvements to, or new, Astrocade products, services, or Services based on any Feedback. You understand that we may treat Feedback as nonconfidential.

12. Repeat Infringer Policy; Copyright Complaints

(a) Our Policy. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others (our “DMCA Policy”).

(b) Reporting Claims of Copyright Infringement. If you believe that anything on our Services infringes any copyright that you own or control, you may notify our designated agent (your notification, a “DMCA Notice”) as follows:

Designated Agent: Copyright Agent

Address: 265 Mount Hamilton, Los Altos, CA 94022

Telephone Number: 6507044768

E-Mail Address: info@astroblox.ai

Please see 17 U.S.C. § 512(c)(3) of the DMCA for the requirements of a proper notification. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your notice may not be effective. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to us for certain costs and damages.

(c) Our Response to DMCA Notices. Upon receipt of a DMCA Notice meeting the requirements of Section 512(c)(3) of the DMCA, we may: (i) remove or disable access to the allegedly infringing content (the “Allegedly Infringing Content”); (ii) take reasonable steps to notify the user who provided the Allegedly Infringing Content (the “Allegedly Infringing User”) that access to the Allegedly Infringing Content has been disabled or the Allegedly Infringing Content has been removed; (iii) notify the party who provided the DMCA Notice with respect to the Allegedly Infringing Content (the “Original Complaining User”) of any counter notifications that we receive in accordance with Section 12(d) from the Allegedly Infringing User; and (iv) replace or restore the Allegedly Infringing Content in accordance with Section 12(e). In accordance with our DMCA Policy, if we determine that the Allegedly Infringing User has provided Allegedly Infringing Content numerous times on or through our Services, we may also terminate the account of such user or terminate the ability of such user to add content to our Services.

(d) Counter Notices. If you believe that your content was removed or disabled in accordance with this Section 12 by mistake or misidentification, you may send a counter notice to our designated agent as specified above (your counter notice, a “DMCA Counter Notice”). Please see Section 512(g)(3) of the DMCA for the requirements of a proper counter notification. If you knowingly materially misrepresent that any content on our Services was removed or disabled by mistake or misidentification, you may be liable to us for certain costs and damages.

(e) Our Response to DMCA Counter Notices. Upon receipt of a DMCA Notice meeting the requirements of Section 512(c)(3) of the DMCA, we may:

Remove or disable access to the allegedly infringing content, including Games or other content made available through the Services;
Take reasonable steps to notify the user who provided the allegedly infringing content that access to the content has been disabled or the content has been removed;
Notify the party who provided the DMCA Notice of any counter notifications we receive; and
Replace or restore the content in accordance with our DMCA counter-notice process.

Astrocade follows the DMCA and may remove or disable access to Games or other content upon request from the applicable copyright holder or their authorized agent, in accordance with the DMCA.

In accordance with our DMCA Policy, if we determine that a user has repeatedly provided allegedly infringing content on or through our Services, we may terminate that user’s account or restrict their ability to add content to the Services.

13. Third-Party Content

We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content.
Our Services may rely on, interoperate with or be provided with third-party products, software and/or services, including data storage services, communications technologies, IoT platforms, third-party platforms, engines, tools, applications, games, demos, app stores and internet and mobile operators (collectively, “Third-Party Materials”). These Third-Party Materials are beyond our control, but their operation may impact, or be impacted by, the use and reliability of our Services. The use and availability of the Services is dependent on third-party product vendors and service providers; and these Third-Party Materials may not operate reliably all of the time, which may impact the way that our Services operate. You may be required to obtain separate rights to use such Third-Party Materials from the applicable third party.
We are not responsible for, do not control or endorse or have any obligation to monitor, and make no representations or warranties regarding, any Third-Party Content or Third-Party Materials. The Third-Party Content and Third-Party Materials may be protected by intellectual property rights which are owned by the relevant third-party owners and providers (or by other persons or companies on their behalf). You acknowledge that your access and use of Third-Party Content and/or Third-Party Materials may be subject to separate terms and conditions typically found in: (i) separate terms of service or privacy policies; (ii) separate third-party license agreements or “READ ME” files included with or applicable to such Third-Party Content and/or Third-Party Materials; or (iii) in agreements between you and the relevant third party, which in that case, these Terms do not affect your legal relationship with such third parties with respect to the relevant Third-Party Content and/or Third-Party Materials. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content or Third-Party Materials are solely between you and the third party. You may not modify, rent, lease, loan, sell, reproduce, distribute or create derivative works based on Third-Party Content and/or Third-Party Materials (either in whole or in part) unless you have been specifically given permission to do so by the relevant third-party owners and providers. You understand that all Third-Party Content and Third-Party Materials are the sole responsibility of the person or entity from which they originated and that we are not liable for any loss or damage that you may experience as a result of the use or access of any Third-Party Materials. We may block or disable access to any Third-Party Content or Third-Party Materials (in whole or part) through our Services at any time. THIRD-PARTY CONTENT AND THIRD-PARTY MATERIALS ARE OFFERED “AS IS” AND “AS AVAILABLE.” YOUR ACCESS TO AND USE OF THIRD-PARTY CONTENT AND/OR THIRD-PARTY MATERIALS IS AT YOUR OWN.

14. Additional Terms Applicable to Mobile Devices

Android App Terms. The following terms apply if you install, access, or use the Services on any device that contains the Android mobile operating system (the “Android App”) developed by Google, Inc. (“Google”):
1. You acknowledge that these Terms are between you and us only, and not with Google.
2. Your use of our Android App must comply with Google’s then-current Android Market Terms of Service.
3. Google is only a provider of the Android Market where you obtained the Android App. We, and not Google, are solely responsible for our Android App and the Services and content available thereon. Google has no obligation or liability to you with respect to our Android App or these Terms.
4. Google is a third-party beneficiary to the Terms as they relate to our Android App.
iOS App Terms. The following terms apply if you install, access, or use the Services on any device that contains the iOS mobile operating system (the “iOS App”) developed by Apple Inc. or its affiliates (“Apple”).
1. Acknowledgement. You acknowledge that these Terms are concluded solely between us, and not with Apple. Astrocade, not Apple, is solely responsible for this iOS App and the content thereof. You further acknowledge that the usage rules for the iOS App are subject to any additional restrictions set forth in the Usage Rules for the Apple iOS App Store Terms of Service as of the date you download the App, and in the event of any conflict, the Usage Rules in the Apple iOS App Store will govern if they are more restrictive. You acknowledge that you have had the opportunity to review the Usage Rules.
2. Scope of License. The license granted to you is limited to a non-transferable license to use the iOS App on any iPhone, iPod touch, iPad, or any other Apple device that you own or control as permitted by the Usage Rules set forth in the Apple iOS App Store Terms of Service.
3. Maintenance and Support. You and Astrocade acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
4. Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the iOS App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of Astrocade. However, Astrocade has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App.
5. Destination Claims. You and Astrocade acknowledge that as between Apple and Astrocade, Astrocade, not Apple, is responsible for addressing any claims relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to (a) product liability claims, (b) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.
6. Intellectual Property Rights. The parties acknowledge that, in the event of any third-party claim that the iOS App or your possession and use of the iOS App infringe that third party’s intellectual property rights, Astrocade, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.
7. Developer Name and Address. Any questions, complaints, or claims with respect to the iOS App should be directed to:
  
  Address: 265 Mount Hamilton, Los Altos, CA 94022
  
  E-Mail Address: info@astroblox.ai
8. Third-Party Terms of Agreement. You will comply with any applicable third-party terms when using the Services.
9. Third-Party Beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

15. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Astrocade and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Astrocade Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) Your Content, UGC, your Games or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to promptly notify Astrocade Parties of any third-party Claims, cooperate with Astrocade Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the Astrocade Parties will have control of the defense or settlement, at Astrocade's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Astrocade or the other Astrocade Parties.

16. Disclaimers

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, OUR SERVICES, AND ANY CONTENT OR MATERIALS PROVIDED THEREIN OR THEREWITH (INCLUDING ANY THIRD-PARTY CONTENT AND THIRD-PARTY MATERIALS) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ACCESS TO OUR SERVICES, OR ANY CONTENT PROVIDED THEREIN OR THEREWITH (INCLUDING THE THIRD-PARTY CONTENT AND THIRD-PARTY MATERIALS) WILL BE UNINTERRUPTED. WHILE WE ATTEMPT TO MAKE YOUR USE OF OUR SERVICES, AND ANY CONTENT, THIRD-PARTY CONTENT AND THIRD-PARTY MATERIALS PROVIDED THEREIN OR THEREWITH SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR SERVICES, OR ANY CONTENT, THIRD-PARTY CONTENT OR THIRD-PARTY MATERIALS PROVIDED THEREIN OR THEREWITH OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES AND ANY CONTENT PROVIDED THEREIN OR THEREWITH (INCLUDING THE THIRD-PARTY CONTENT AND THIRD-PARTY MATERIALS). ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS) ARE MADE FOR THE BENEFIT OF ASTROCADE, ASTROCADE PARTIES, AND ASTROCADE’S RESPECTIVE SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND THE OTHER ASTROCADE PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF WE OR THE OTHER ASTROCADE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY AND THE OTHER ASTROCADE PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE GREATER OF $5.00 OR THE AMOUNT PAID BY YOU TO USE OUR SERVICES IN THE TWELVE MONTHS PRIOR TO THE FIRST TIME YOU BRING A CLAIM UNDER THESE TERMS. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR OUR OR THE OTHER ASTROCADE PARTIES’ GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ASTROCADE AND YOU.

18. Release

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE ASTROCADE AND THE OTHER ASTROCADE PARTIES FROM RESPONSIBILITY, LIABILITY, CLAIMS, DEMANDS AND/OR DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN (INCLUDING, BUT NOT LIMITED TO, CLAIMS OF NEGLIGENCE), ARISING OUT OF OR RELATED TO DISPUTES BETWEEN USERS AND THE ACTS OR OMISSIONS OF THIRD PARTIES. IF YOU ARE A CONSUMER WHO RESIDES IN CALIFORNIA, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE § 1542, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

19. Transfer and Processing Data

In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.

20. Dispute Resolution; Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND ASTROCADE TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH YOU AND ASTROCADE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND ASTROCADE FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND ASTROCADE AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. ASTROCADE AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.

THE PARTIES TO THESE TERMS ACKNOWLEDGE THAT THE TERMS OF THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING THEIR DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF ANY PARTY’S CLAIMS.

FOLLOW THE INSTRUCTIONS BELOW, IN SECTION 20(k), IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS.

Claims To Which This Section Applies. The dispute resolution and binding arbitration terms in this Section 20 apply to all Claims between you and Astrocade. A “Claim” is any dispute, claim, or controversy (excluding those exceptions listed below) between you and Astrocade, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that either party wishes to seek legal recourse for and that arises from or relates to these Terms or the Services, including any privacy or data-security claims or claims related to the validity, enforceability, or scope of the arbitration requirement or any portion of it.
Informal Dispute Resolution Prior to Arbitration. If you have a Claim against Astrocade or if Astrocade has a Claim against you, you and Astrocade will first attempt to resolve the Claim informally in order to try and resolve the Claim faster and reduce costs for both parties. You and Astrocade will make a good-faith effort to negotiate the resolution of any Claim for 30 days, or such longer period as mutually agreed in writing (email suffices) by the parties, (“Informal Resolution Period”) from the day either party receives a written notice of a dispute from the other party (a “Claimant Notice”) in accordance with these Terms.

You will send any Claimant Notice to Astrocade by certified mail addressed to Astrocade, 265 Mount Hamilton, Los Altos, CA 94022 or by email to info@astroblox.ai. Astrocade will send any Claimant Notice to you by certified mail or email using the contact information you have provided to Astrocade. The Claimant Notice sent by either party must (i) include the sender’s name, address, email address, and telephone number; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought.

The Informal Resolution Period is designed to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so.

You or Astrocade can file a Claim in arbitration only after the end of the Informal Resolution Period. You or Astrocade cannot proceed to arbitration before the end of the Informal Resolution Period. If you or Astrocade file a Claim in court or proceed to arbitration without complying with the requirements in Section 20, including waiting until the conclusion of the Informal Resolution Period, the other party reserves the right to seek relief from a court to enjoin the filing and seek damages from the party that has not followed the requirements in this Section to reimburse it for any arbitration fees and costs already incurred as a foreseeable consequence of that breach.

The statute of limitations and any filing fee deadlines for a Claim will be tolled for the duration of the Informal Resolution Period for that Claim so that the parties can engage in this informal dispute-resolution process.
Claims Subject to Binding Arbitration; Exceptions. Except for individual disputes that qualify for small claims court (provided that the small-claims court does not permit class or similar representative actions or relief) and any disputes exclusively related to the intellectual property or intellectual-property rights of you or Astrocade, including any disputes in which you or Astrocade seek injunctive or other equitable relief for the alleged unlawful use of your or Astrocade’s intellectual property or other infringement of your or Astrocade’s intellectual property rights (“IP Claims”), all Claims, including Claims that are not related to intellectual property or intellectual-property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 20(b) will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.
Binding Individual Arbitration. Subject to the terms of this section, Claims may only be settled by binding individual arbitration conducted by the American Arbitration Association (the “AAA”), https://adr.org/, according to the Federal Arbitration Act, 9 U.S.C. § 1, et seq., (“FAA”). For Claims arbitrated by the AAA, if you are a “Consumer,” meaning that you only use the Services for personal, family, or household purposes, the then-current version of the AAA’s Consumer Arbitration Rules are the rules applicable to Claims between you and Astrocade as modified by these Terms (the “Rules”). For Claims arbitrated by the AAA, if you are not a Consumer, the then-current version of the AAA’s Commercial Arbitration Rules and Mediation Procedures are the Rules applicable to Claims between you and Astrocade as modified by these Terms.

These Terms affect interstate commerce, and the enforceability of this Section 20 will be substantively and procedurally governed by the FAA to the extent permitted by law. As limited by the FAA, these Terms, and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or Astrocade to satisfy one of our individual Claims (that the arbitrator determines are supported by credible relevant evidence). To the extent that you prevail on a Claim and seek public injunctive relief (that is, injunctive relief whose primary purpose and effect is to prohibit and enjoin conduct harmful to the general 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.
Arbitration Procedure and Location. You or Astrocade may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing a demand for arbitration with AAA in accordance with the Rules.

Instructions for filing a demand for with AAA are available on the AAA website or by calling AAA at 800-778-7879. You will send a copy of any demand for arbitration to Astrocade by certified mail addressed to Astrocade, 265 Mount Hamilton, Los Altos, CA 94022 or by email to info@astroblox.ai. Astrocade will send any demand for arbitration to you by certified mail or email using the contact information you have provided to Astrocade.

The arbitration will be conducted by a single arbitrator in the English language. You and Astrocade both agree that the arbitrator will be bound by these Terms.

For Claims in which the claimant seeks less than USD $10,000, the arbitrator will decide the matter solely based on written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For Claims in which the claimant seeks USD $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings will be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is required and you reside in the United States, the hearing will take place in the county of Santa Clara, California, unless you are a Consumer and the arbitrator determines that this would pose a hardship for you, in which case the in-person hearing may be conducted in the claimant’s state and county of residence. If you reside outside the United States, the site of any in-person hearing will be determined by the applicable Rules.

The arbitrator (not a judge or jury) will resolve all Claims in arbitration. Unless you and Astrocade agree otherwise, any decision or award will include a written statement stating the decision of each Claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.

An arbitration award, and any judgment confirming it, apply only to that specific case; it cannot be used or offered as precedent in any other case except to enforce the award itself unless the parties agree prior to issuance of the award. Any arbitration decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.
Arbitration Fees. Each party will be responsible for arbitration fees in accordance with the applicable Rules and these Terms.
Frivolous or Improper Claims. To the extent permitted by applicable law, a claimant must pay all costs incurred by the responding party, including any attorney fees, related to a Claim if an arbitrator determines that (i) the Claim was frivolous or (ii) the Claim was filed in arbitration for any improper purpose, such as to harass the defending party, cause unnecessary delay, or needlessly increase the cost of dispute resolution.
One Year to Assert Claims. To the extent permitted by law, any Claim by you or Astrocade against the other must be filed within one year after such Claim arises; otherwise, the Claim is permanently barred, which means that you or Astrocade will no longer have the right to assert that Claim.
Confidentiality. If you or Astrocade submits a Claim to arbitration, you and Astrocade agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of any discovery in the arbitration. You and Astrocade agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration.
Mass Arbitrations. If 25 or more Claimant Notices are received by a party that raise similar claims and have the same or coordinated counsel, these will be considered “Mass Arbitrations” and will be treated as mass arbitrations according to the AAA’s Mass Arbitration Supplementary Rules, if and to the extent Mass Arbitrations are filed in arbitration as set forth in these Terms. You or Astrocade may advise the other of your or Astrocade’s belief that Claims are Mass Arbitrations, and disputes over whether a Claim meets the definition of “Mass Arbitrations” will be decided by the arbitration provider as an administrative matter. To the extent either party is asserting the same Claim as other persons and are represented by common or coordinated counsel, that party waives any objection that the joinder of all such persons is impracticable. The following procedures are intended to supplement the AAA’s Mass Arbitration Supplementary Rules, and to the extent the procedures conflict with those Rules, to supersede them.

Mass Arbitrations may only be filed in arbitration as permitted by the process set forth below. Applicable statutes of limitations will be tolled for Claims asserted in Mass Arbitrations from the time a compliant Claimant Notice has been received by a party until these Terms permits such Mass Arbitration to be filed in arbitration or court.

Initial Bellwether: The bellwether process set forth in this section will not proceed until counsel representing the Mass Arbitrations has advised the other party in writing (email suffices) that all or substantially all the Claimant Notices for the Mass Arbitrations have been submitted.

After that point, counsel for the parties will select 30 Mass Arbitrations to proceed in arbitration as a bellwether to allow each side to test the merits of its arguments. Each side will select 15 claimants who have provided compliant Claimant Notices for this purpose, and only those chosen cases may be filed with the arbitration provider. The parties acknowledge that resolution of some Mass Arbitrations will be delayed by this bellwether process. Any remaining Mass Arbitrations shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those Claims, unless and until they are selected to be filed in individual arbitration proceedings as set out in this Section 20(j).

A single arbitrator will preside over each Mass Arbitration chosen for a bellwether proceeding, and only one Mass Arbitration may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.

Mediation: Once the arbitrations that are part of the bellwether process have concluded (or sooner if the claimants and the other party agree), counsel for the parties must engage in a single mediation of all remaining Mass Arbitrations, with the mediator’s fee paid for by Astrocade. Counsel for the claimants and the other party must agree on a mediator within 30 days after the conclusion of the last bellwether arbitration. If counsel for the claimants and the other party cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter. All parties will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed.

Remaining Claims: If the mediation process concludes with 100 or more unresolved Mass Arbitrations remaining, any party to a remaining Mass Arbitration may elect to no longer have the arbitration requirement in this Section 20 apply to all remaining Mass Arbitrations for which a compliant Claimant Notice was received by the other party but that were not resolved in the bellwether process or global mediation. To be effective, such an election must be communicated in writing (email suffices) to counsel for the opposing party (or to the opposing party if they do not have counsel) within 30 days of mediation concluding. Mass Arbitrations released from the arbitration requirement must be resolved in accordance with Section 21.

If the mediation process concludes with fewer than 100 Mass Arbitrations remaining or if no party makes a timely election as provided for in the previous paragraph, the AAA will randomly select 50 Mass Arbitrations (or the total remaining amount if less than 50) to proceed in arbitration as a second batch. The AAA will randomly select eligible claimants who have provided compliant Claimant Notices for this purpose, and only those chosen cases may be filed with the arbitration provider. A single arbitrator will preside over each Mass Arbitration chosen for this second batch, and only one Mass Arbitration may be assigned to each arbitrator as part of this second batch unless the parties agree otherwise. Once all arbitrations in the foregoing process are complete, the parties will repeat this process until all Mass Arbitrations have been arbitrated.

If Mass Arbitrations released from the arbitration requirement are brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in Mass Arbitrations for which a compliant Claimant Notice was received by the other party. Any party may contest class certification at any stage of the litigation and on any available basis.

A court will have authority to enforce the bellwether and mediation processes defined in this section and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.
Opting Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted a version of these Terms by emailing info@astroblox.ai. To be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration in order to be valid. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 21.
Rejection of Future Arbitration Changes. You may reject any change we make to Section 20 (except address changes) by sending us notice of your rejection within 30 days of the change via email at info@astroblox.ai. To be effective, the rejection of change notice must include your full name, mailing address, and email address. Changes to Section 20 may only be rejected as a whole, and you may not reject only certain changes to Section 20. If you reject changes made to Section 20, the most recent version of Section 20 that you have not rejected will continue to apply.
Severability. If any portion of this Section 20 is found to be unenforceable or unlawful for any reason, including because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 18 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 20; and (iii) to the extent that any claims must proceed on a class, collective, consolidated, or representative basis as a result, such claims must be litigated in a civil court of competent jurisdiction, in accordance with these Terms, and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 20 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 20 will be enforceable.

21. Governing Law and Venue

Any dispute, claim, or controversy arising from or relating to these Terms or the Services will be governed by and construed and enforced in accordance with the laws of California, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute, claim, or controversy arising from or relating to these Terms or the Services that is not subject to arbitration or cannot be heard in small claims court will be resolved exclusively in the state or federal courts of California and the United States, respectively, sitting in the county of Santa Clara in California. You and Astrocade waive any objection to venue in any such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this Section 21 may not apply to you only to the extent that local law conflicts with this Section 21.

22. Modifying and Terminating our Services; Survival

We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services to you at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services. Notwithstanding anything to the contrary herein, Sections 2, 3, 5(a)(solely with respect to your obligation to pay us any and all Paid Services Fees incurred prior to deactivation, termination, expiration or cancellation of your account, subscription, agreement, and/or relationship with us), 5(e), 5(f), 5(g), 6, 9, 10, 11, 12, 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24 will survive deactivation, termination, expiration and cancellation of your account, subscription, agreement and/or relationship with us.

23. Severability

Each provision contained in these Terms constitutes a separate and distinct provision severable from all other provisions. If any provision (or any part thereof) is unenforceable under or prohibited by any present or future law, then such provision (or part thereof) will be amended, and is hereby amended, so as to be in compliance with such law, while preserving to the maximum extent possible the intent of the original provision. Any provision (or part thereof) that cannot be so amended will be severed from this Terms; and, all the remaining provisions of this Terms will remain unimpaired.

24. Miscellaneous

The failure of Astrocade to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.
Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.