Terms of Service

Artificial Analysis Image Lab

Last Updated: 16 February 2026

Welcome and thank you for your interest in Artificial Analysis, Inc. ("Company," "we," "us," or "our"). These Terms of Service ("Terms") describe the terms and conditions that apply to your use of Image Lab, an online service that enables users to generate images using third-party artificial intelligence image generation models and compare the resulting outputs side-by-side (the "Service"), as made available at artificialanalysis.ai/image/image-lab or through such other interfaces as Company may provide from time to time. These Terms apply solely to your use of the Service and do not govern your use of other Artificial Analysis products or the Artificial Analysis website generally, which may be subject to separate terms.

These Terms incorporate by reference the Company's Privacy Policy, available at artificialanalysis.ai/image-lab-privacy (the "Privacy Policy"), which describes how Company collects, uses, and shares information in connection with the Service.

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SERVICE IN ANY WAY, INCLUDING BY CREATING AN ACCOUNT, SUBMITTING INPUT, OR GENERATING OUTPUT THROUGH THE SERVICE, YOU REPRESENT THAT: (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND THE PRIVACY POLICY, (2) YOU ARE AT LEAST 18 YEARS OF AGE, (3) YOU ARE NOT BARRED FROM USING THE SERVICE UNDER THE LAWS OF YOUR PLACE OF RESIDENCE OR ANY OTHER APPLICABLE JURISDICTION; AND (4) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS PERSONALLY OR, IF YOU ARE ACCESSING OR USING THE SERVICE ON BEHALF OF AN ENTITY, ON BEHALF OF SUCH ENTITY. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.

SECTION 17 (ARBITRATION AGREEMENT) CONTAINS PROVISIONS THAT GOVERN HOW TO RESOLVE DISPUTES BETWEEN YOU AND COMPANY. AMONG OTHER THINGS, SECTION 17 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 17 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 17 CAREFULLY.

UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT WITHIN THIRTY (30) DAYS IN ACCORDANCE WITH SECTION 17.11: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

THESE TERMS ARE SUBJECT TO CHANGE BY COMPANY IN ITS SOLE DISCRETION AT ANY TIME AS SET FORTH IN SECTION 18.6 (AGREEMENT UPDATES).

1. Eligibility and Use of the Service

1.1 Eligibility

You must be at least 18 years of age (or the age of legal majority in your jurisdiction, whichever is greater) to use the Service. By using the Service, you represent and warrant that you meet this age requirement. If you are under 18 years old, you may not use the Service. If you are a parent or guardian and you believe that your child under the age of 18 is using the Service without your consent, please contact us at support@artificialanalysis.ai.

1.2 Permitted Use

The Service and the information and content available on the Service are protected by applicable intellectual property (including copyright) laws. Unless subject to a separate license agreement between you and Company, your right to access and use the Service, in whole or in part, is subject to these Terms. You may use the Service for personal, internal business, or commercial purposes, provided that any commercial use of Output is subject to and limited by the terms and conditions of the applicable AI Service provider(s) that generated such Output, as described in Section 3.5.

1.3 Supplemental Terms

Your use of, and participation in, certain features and functionality of the Service may be subject to additional terms ("Supplemental Terms"). Such Supplemental Terms will either be set forth in the applicable supplemental Service or will be presented to you for your acceptance when you sign up to use the supplemental Service. If these Terms are inconsistent with the Supplemental Terms, then the Supplemental Terms control with respect to such supplemental Service.

1.4 Updates

You understand that the Service is evolving. As a result, Company may update, modify, or discontinue the Service (or any features thereof) at any time, with or without notice. Any future release, update, or other addition to the Service shall be subject to these Terms.

2. Registration

2.1 Registering Your Account

In order to access the Service, you will be required to register an account ("Account"), or authenticate through a valid account on an approved third-party service through which you can connect to the Service, as permitted by the Service (each such account, a "Third-Party Account").

2.2 Access Through a Third-Party Account

The Service may allow you to link your Account with a Third-Party Account by allowing Company to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Company and/or grant Company access to your Third-Party Account without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Company to pay any fees or making Company subject to any usage limitations imposed by such third-party service providers.

YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND COMPANY DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.

2.3 Registration Data

In registering an Account, you shall (i) provide true, accurate, current, and complete information about yourself as prompted by the registration form (the "Registration Data"), and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.

2.4 Your Account

You acknowledge and agree that you have no ownership or other property interest in your Account, and that all rights in and to your Account are and will forever be owned by and inure to the benefit of Company. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify Company immediately of any unauthorized use of your password or any other breach of security. You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You shall not have more than one Account at any given time. Company reserves the right to remove or reclaim any usernames at any time and for any reason. You agree not to create an Account or use the Service if you have been previously removed or banned by Company.

2.5 Necessary Equipment and Software

You must provide all devices and other equipment or software necessary to access or use the Service. You are solely responsible for any fees, including internet connection or mobile fees, that you incur when accessing the Service.

3. Content

3.1 Types of Content; Definitions

The Service allows you to submit prompts, parameters, settings, and other input ("Input") to third-party AI image generation models accessible through the Service. In response to your Input, the Service, together with such AI Services (as defined in Section 3.4), may generate images and other content ("Output"). Input and Output are collectively referred to as "Your Content." Any information, data, text, images, or other materials made available through or generated by the Service are collectively referred to as "Content."

3.2 Your Responsibilities

You, and not Company, are entirely responsible for all Input that you submit to the Service. When you submit any Input, you represent and warrant that you own and/or have sufficient rights to use such Input in connection with the Service, including to grant the licenses set forth in Section 3.3. You will not upload, post, transmit, submit, input, reproduce, or distribute any information, software, or other material protected by copyright, privacy rights, or any other intellectual property rights without first obtaining the permission of the owner of such rights. You will comply with all applicable laws and regulations in connection with your use of the Service, including those laws related to data privacy and the transmission of personal data. You are solely responsible for your use of any Output generated through the Service, and you assume all risks associated with your use of any Output, including any potential intellectual property infringement claims from third parties, any decisions made or actions taken in reliance on any Output, or any disclosure of your Output that personally identifies you or any third party.

3.3 License to Your Content

(a) License Grant. You hereby grant Company a non-exclusive, worldwide, royalty-free license to reproduce, use, access, store, display, adapt, translate, modify, create derivative works from, and otherwise process Your Content to provide the Service, including transmitting your Input to third-party AI Service providers and delivering the resulting Output to you; to maintain, debug, and improve the Service; and to comply with applicable law or respond to valid legal process. This license continues for a reasonable period following the termination or expiration of your Account as necessary for Company to complete in-flight processing, maintain backups in accordance with its standard retention schedules, and comply with applicable law.

(b) Analytics, Data Products, and Commercial License. You grant Company a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, reproduce, modify, and create derivative works from Your Content for the following purposes:

(i) in anonymized and aggregated form (such that individual users are not personally identifiable): generating analytics, benchmarks, insights, indices, rankings, and other data products relating to the performance, quality, and capabilities of AI Services ("Benchmarking Data"); incorporating such Benchmarking Data into Company's products and services, including data products made available to Company's commercial customers; publishing research, reports, and analysis derived from such Benchmarking Data; designing, developing, and offering Company products, services, and AI models; and for any other lawful purposes.

(ii) in identifiable form (i.e., without anonymization or aggregation): sharing Your Content, including Input and associated metadata, with third parties pursuant to separate data sharing, partnership, research, or commercial agreements between Company and such third parties, for the purposes of enabling such third parties to evaluate, improve, develop, benchmark, or train their products, services, or AI models, or for other lawful commercial or research purposes. Company will require any third party receiving Your Content in identifiable form under this Section 3.3(b)(ii) to be bound by confidentiality obligations and use restrictions with respect to such data.

(c) Opt-Out of Identifiable Data Sharing. You may opt out of the identifiable data sharing described in Section 3.3(b)(ii) by emailing support@artificialanalysis.ai with the subject line "Opt Out of Data Sharing." Upon receipt of a valid opt-out request, Company will cease sharing Your Content in identifiable form with third parties under Section 3.3(b)(ii) within thirty (30) days. Opting out does not affect Company's rights under Section 3.3(a) (License Grant) or Section 3.3(b)(i) (anonymized and aggregated use), and does not affect data previously shared prior to the effective date of your opt-out.

(d) Limitations on License. Except as expressly set forth in Sections 3.3(a) and 3.3(b), Company does not acquire any right, title, or interest in Your Content. For the avoidance of doubt, Company will not use your Input or Output in individually identifiable form for Company's own marketing or promotional purposes without your prior written consent.

Subject to the license granted to Company in this Section 3.3, you own and retain all right, title, and interest in and to your Input.

3.4 AI Services

Company provides certain features leveraging third-party artificial intelligence image generation platforms, algorithms, services, tools, and models ("AI Services") to power the Service's functions. By using the Service, you hereby consent and authorize Company to share your Input with one or more third-party providers of such AI Services to process your image generation requests and deliver the resulting Output.

You acknowledge and agree that: (i) Company may share your Input with AI Service providers for this purpose; (ii) such AI Service providers may process and retain your Input in accordance with their own terms and policies, which may include the right to use your Input for purposes beyond fulfilling your request, such as service improvement; (iii) Company has no control over and is not responsible for the data processing or retention practices of any AI Service provider; and (iv) once your Input has been transmitted to an AI Service provider, Company cannot guarantee the deletion, modification, or retrieval of such Input from the AI Service provider's systems.

You assume all risks associated with your use of AI Services accessible through the Service. Company will have no liability for the unavailability of any AI Services, or any third party's decision to discontinue, suspend, or terminate any AI Services.

YOU, AND NOT COMPANY, SHALL BE SOLELY RESPONSIBLE FOR YOUR USE OF THE FUNCTIONS THAT UTILIZE AI SERVICES. YOU ACKNOWLEDGE AND AGREE THAT ANY DECISIONS YOU MAKE OR ANY CONDUCT YOU ENGAGE IN AS A RESULT OF THE OUTPUT PROVIDED BY THE AI SERVICES IS AT YOUR OWN RISK. BECAUSE THE AI FEATURES UTILIZE ARTIFICIAL INTELLIGENCE, THEY MAY GENERATE OUTPUT THAT IS INACCURATE, INAPPROPRIATE, OFFENSIVE, OR OTHERWISE UNSUITABLE. YOU AGREE THAT COMPANY WILL NOT BE HELD LIABLE TO YOU OR ANY THIRD PARTY FOR ANY OUTPUT GENERATED BY THE AI SERVICES OR FOR ANY DECISIONS MADE IN RELIANCE ON SUCH OUTPUT.

3.5 Ownership of Output; Intellectual Property in AI-Generated Content

You acknowledge and agree that:

(a) Output is generated by third-party AI Services, not by Company. Any intellectual property rights, ownership interests, or license rights in or to the Output are governed solely by the terms of service, license agreements, and policies of the respective AI Service provider(s) that generated such Output. Company makes no representation or warranty regarding your ownership of, or right to use, any Output.

(b) The legal status of intellectual property rights in AI-generated content is evolving and may vary by jurisdiction. Company does not represent or warrant that any Output is protectable by copyright, trademark, or any other intellectual property right under applicable law, or that your use of any Output will not infringe the rights of third parties.

(c) Output may not be unique across users, and the AI Services may generate the same or similar Output for other users who provide similar Input.

(d) It is your sole responsibility to evaluate whether your intended use of any Output complies with the applicable AI Service provider's terms and all applicable laws, and to obtain any rights, licenses, or clearances that may be required for such use. Company recommends that you review the terms of service of each AI Service provider accessible through the Service before relying on any Output for commercial or other purposes.

(e) Company expressly disclaims all liability arising from or relating to your use of any Output, including but not limited to claims of intellectual property infringement, violation of rights of publicity or privacy, or any other third-party claims.

3.6 Content Restrictions

Your use of the Service must comply at all times with these Terms and any applicable AI Services terms. Without limiting the foregoing, you must not submit Input or other Content on or through the Service, or attempt to generate Output through the Service, that:

(A) is unlawful, threatening, abusive, bullying, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, sexual, pornographic, offensive, or profane;

(B) depicts, facilitates, promotes, incites, or supports violence, self-harm, animal harm, intimidation, discrimination, terrorism, or hateful behavior;

(C) uses or intends to use the identity, likeness, or attributes of any real person without their permission, including the generation of realistic images depicting identifiable individuals;

(D) infringes or misappropriates any third party's intellectual property rights or other proprietary rights;

(E) contains any viruses, worms, spyware, or other malicious code that may damage the Service;

(F) contains personal information of third parties, such as financial, medical, or other sensitive personal information including government IDs, passport numbers, or social security numbers;

(G) involves commercial activities and/or sales without Company's prior written consent, other than use of Output in accordance with Section 1.2;

(H) is intended to mislead or deceive others, including the creation of deepfakes or synthetic media intended to impersonate real individuals or events;

(I) is designed to generate content for use in facial recognition databases, biometric identification systems, or surveillance applications without proper authorization and informed consent of all depicted individuals;

(J) seeks to reverse-engineer, extract training data from, probe the security of, or systematically test the vulnerabilities of any AI Service accessible through the Service;

(K) is designed to generate sexually explicit, violent, exploitative, or otherwise harmful content depicting minors, or to generate content that sexualizes, endangers, or exploits minors in any way;

(L) involves the systematic generation of Output for the purpose of building datasets, training machine learning models, or creating competing products or services, without Company's prior written consent; or

(M) generates or distributes sexually explicit content of any kind, including but not limited to pornographic imagery, without Company's prior written consent.

Furthermore, Your Content, including all Input and Output, may not contain nudity, graphic violence, or offensive subject matter as determined by Company in its sole discretion. Enforcement of this Section 3.6 is solely at Company's discretion, and failure to enforce this section in some instances does not constitute a waiver of Company's right to enforce it in other instances.

4. Usage Data and Analytics

4.1 Usage Data

You acknowledge and agree that, in the course of providing the Service, Company may generate, collect, compute, store, and process anonymized or aggregated data resulting from or derived from the use of the Service, including data relating to the volume, frequency, type, and parameters of image generation requests; the AI Services selected or compared; user interaction patterns; quality assessments; and system performance metrics (collectively, "Usage Data"). Usage Data may be derived from or based upon Your Content, but will not include Your Content in individually identifiable form.

4.2 Ownership of Usage Data and Benchmarking Data

As between Company and you, Company exclusively owns and retains all right, title, and interest in and to all Usage Data and all Benchmarking Data (as defined in Section 3.3(b)), including all intellectual property rights therein. No rights in Usage Data or Benchmarking Data are granted to you, whether by implication, estoppel, waiver, or otherwise.

4.3 Use of Usage Data and Benchmarking Data

Company may generate, collect, store, use, transfer, and/or disclose to third parties Usage Data and Benchmarking Data, and may use Usage Data and Benchmarking Data to: (i) perform data analytics and generate insights; (ii) monitor, improve, and support the Service; (iii) design, develop, and offer Company products, services, AI models, and benchmarks; (iv) make Benchmarking Data available to Company's commercial customers, partners, and the public; (v) publish research, reports, rankings, and analysis; and (vi) for any other lawful purposes. For the avoidance of doubt, Company's rights under this Section 4 survive any termination or expiration of these Terms.

5. Data Retention and Deletion

5.1 Retention

Company retains Your Content (including Input and Output) and associated metadata for as long as reasonably necessary to operate and improve the Service, generate Benchmarking Data and Usage Data, fulfill Company's obligations under data sharing agreements with third parties as described in Section 3.3(b)(ii), comply with legal obligations, resolve disputes, and enforce these Terms. Additional information about our data retention practices is described in the Privacy Policy.

5.2 Deletion Requests

You may request deletion of Your Content by sending an email to support@artificialanalysis.ai with the subject line "Request to Delete Data" and including the following information: (i) the name and email address associated with your Account; (ii) a description of the specific Content you wish to have deleted (or a request for deletion of all Your Content); and (iii) any additional information reasonably necessary for Company to identify and locate the relevant Content.

Upon receipt of a valid deletion request, Company will use commercially reasonable efforts to delete or de-identify the specified Content from its active systems within thirty (30) days. You acknowledge and agree that:

(a) deletion does not extend to Usage Data or Benchmarking Data that has already been generated from Your Content in anonymized and aggregated form, as such data is owned by Company pursuant to Section 4;

(b) deletion does not extend to Your Content that has been transmitted to third-party AI Service providers or shared with third parties pursuant to Section 3.3(b)(ii), as Company does not control the retention practices of such parties;

(c) residual copies of Your Content may persist in backup systems for a limited period following deletion from active systems, subject to Company's standard backup retention schedules; and

(d) Company may retain Your Content to the extent required by applicable law, regulation, or valid legal process, or as reasonably necessary to protect Company's legitimate legal interests (including the defense of legal claims).

5.3 Effect of Deletion

Following the processing of a deletion request, certain features of the Service may no longer function as expected with respect to your Account, and Company will have no liability for any loss of functionality resulting from the deletion of Your Content at your request.

6. Ownership

6.1 The Service

Except with respect to Your Content (subject to the licenses granted herein) and the Output (the ownership of which is governed by Section 3.5), you agree that Company and its suppliers or licensors exclusively own and retain all right, title, and interest in the Service, including all underlying software, applications, algorithms, models, workflows, methodologies, processes, systems, computer code, artwork, animations, sounds, audiovisual effects, methods of operation, documentation, and Company software, and all improvements, enhancements, modifications, derivatives, and updates made thereto, and all intellectual property rights relating to any of the foregoing. Except for the rights expressly granted in these Terms, no other rights are granted to you, whether by implication, estoppel, waiver, or otherwise. You shall not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Service.

6.2 Trademarks

Artificial Analysis, Image Lab, and all related stylizations, graphics, logos, service marks, and trade names used on or with the Service are the trademarks of Company and may not be used without permission in connection with your, or any third-party's, products or services. Other trademarks, service marks, and trade names that may appear on or in the Service, including those of the suppliers of the AI 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 Company.

6.3 Attribution

By using the Service, you hereby expressly permit Company to identify you by an anonymous identifier as a contributor in any publication in any form, media, or technology now known or later developed in connection with Company's Benchmarking Data, research, and analysis.

6.4 Feedback

You may voluntarily submit or otherwise communicate to Company any questions, comments, suggestions, ideas, original or creative materials, or other information about Company or the Service (collectively, "Feedback"). You understand that Company may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Service, or to improve, design, or develop new products or services in Company's sole discretion. Company will exclusively own all improvements to, or new, Company products, services, or technology based on any Feedback. You understand that Company may treat Feedback as non-confidential.

7. User Conduct and Restrictions

As a condition of use, you agree not to use the Service for any purpose that is prohibited by these Terms or by applicable law. You acknowledge that the Service contains trade secrets and other valuable proprietary information and intellectual property rights belonging to Company or its licensors. You shall not (and shall not permit any third party to):

(i) license, sell, rent, lease, transfer, assign, reproduce, mirror, distribute, host, or otherwise commercially exploit the Service or any Output, except to the extent expressly permitted by Section 1.2 and the applicable AI Service provider's terms;

(ii) frame or utilize framing techniques to enclose any trademark or logo located on the Service or any other portion of the Service;

(iii) use any metatags or other "hidden text" using Company's name or trademarks;

(iv) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the Service except to the extent the foregoing restrictions are expressly prohibited by applicable law;

(v) access the Service through programmatic or automated means, or systematically query the Service, without Company's prior written consent;

(vi) use any manual or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, data mining tools, or the like) to scrape, extract, or download data from the Service, including AI Service names, identifiers, model versions, or performance data;

(vii) remove or destroy any copyright notices or other proprietary markings contained on or in the Service;

(viii) impersonate any person or entity, or generate images falsely depicting any person or entity, including any employee or representative of Company;

(ix) use any Output to develop, modify, fine-tune, train, or improve any artificial intelligence or machine learning model, algorithm, or competing product or service, without Company's prior written consent;

(x) systematically generate Output for the purpose of building datasets, training data collections, or image libraries, without Company's prior written consent;

(xi) access the Service or use the Service in order to develop or build a similar product or competitive product;

(xii) interfere with or attempt to interfere with the proper functioning of the Service or use the Service in any way not expressly permitted by these Terms, including by introducing viruses, worms, or similar harmful code, or by overloading, flooding, spamming, or crashing the Service; or

(xiii) attempt to circumvent any content filtering, rate limiting, access controls, or other technical measures implemented by Company or any AI Service provider.

The rights granted to you in these Terms are subject to your compliance with the restrictions set forth in this section. Any unauthorized use of the Service terminates the access rights granted by Company pursuant to these Terms. Enforcement of this Section 7 is solely at Company's discretion, and failure to enforce this section in some instances does not constitute a waiver of Company's right to enforce it in other instances.

8. Investigations and Monitoring

Company may, but is not obligated to, investigate, monitor, pre-screen, remove, refuse, or review the Service and/or Content, including Your Content, at any time. You hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content through the Service, subject to the Privacy Policy.

Without limiting the foregoing, Company reserves the right to: (a) remove or refuse to process any Input for any or no reason in our sole discretion; (b) take any action with respect to any of Your Content that we deem necessary or appropriate, including if we believe that such Content violates these Terms, applicable law, or any AI Service provider's terms; (c) disclose your identity or other information about you to any third party who claims that material generated through your use of the Service violates their rights; (d) take appropriate legal action for any illegal or unauthorized use of the Service; and/or (e) terminate or suspend your access to all or part of the Service for any or no reason.

9. Third-Party Services

The Service uses AI Services and may contain links to third-party websites, applications, and advertisements (collectively, "Third-Party Services"). Such Third-Party Services are not under the control of Company. Company is not responsible for any Third-Party Services. When you use a Third-Party Service, you become subject to the terms and conditions of another website or destination. Company does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services. You use all Third-Party Services at your own risk. When you leave our Service, these Terms and our policies no longer govern. You should review applicable terms and policies of any Third-Party Services.

10. Fees and Payment

10.1 Credits and Subscriptions

Access to the Service requires the purchase of credits or a subscription plan, as described on the Service. Pricing may be based on the number of image generation requests, the AI Services used, or other usage metrics. Each time you use the Service, the applicable cost will be deducted from your credit balance or subscription allowance. You are solely responsible for maintaining a sufficient credit balance to use the Service. Credits will expire 365 days from the date of purchase unless otherwise specified. Free or promotional credits expire in 365 days unless otherwise specified. Once purchased, credits are non-refundable (except as otherwise expressly provided in these Terms or as required by applicable law), non-transferable, and cannot be exchanged for currency. Fees ("Fees") are due and payable in accordance with the billing terms in effect at the time a Fee is due.

10.2 Payment

By providing Company with your payment information, you agree that Company is authorized to charge your designated payment method for all Fees due and payable. You shall immediately notify Company of any change in your payment information. Company reserves the right at any time to change its prices and billing methods upon reasonable notice. Your failure to provide accurate payment information or our inability to collect payment constitutes your material breach of these Terms.

10.3 Taxes

Prices shown on the Service exclude all applicable taxes. You are responsible for paying any and all applicable taxes (including sales tax, use tax, value-added tax (VAT), goods and services tax (GST), and similar indirect taxes), charges, tariffs, and duties arising under these Terms for your use of the Service, excluding taxes based on Company's net income. Where required by applicable law, you shall self-assess and remit any VAT or equivalent indirect tax directly to the relevant tax authority. Company does not collect or remit VAT or equivalent indirect taxes on your behalf in any jurisdiction.

10.4 Withholding Taxes

You shall make all payments of Fees to Company free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of Fees to Company shall be your sole responsibility. If you are required by law to withhold any taxes from payments to Company, you shall gross up the payment such that Company receives the full invoiced amount after withholding.

11. Indemnification

To the fullest extent permitted by applicable law, you shall indemnify, defend, and hold harmless Company, its parents, subsidiaries, affiliates, officers, directors, employees, agents, partners, suppliers, and licensors (each, a "Company Party" and collectively, the "Company Parties") from and against any losses, liabilities, claims, demands, damages, expenses, or costs ("Claims") arising out of or related to: (i) Your Content, or any use of the Output by you; (ii) your use of, or inability to use, the Service; (iii) your violation of these Terms; (iv) your violation of any rights of another party, including any user or any AI Service provider; (v) your violation of any applicable laws, rules, or regulations; or (vi) any claim arising from Output that you use, distribute, publish, or otherwise make available.

You will promptly notify Company Parties of any third-party Claims, cooperate with Company Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including attorneys' fees). The Company Parties will have control of the defense or settlement, at Company'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 Company. This provision does not require you to indemnify any of the Company Parties for any unconscionable commercial practice by such party or for such party's fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Service. The provisions in this section will survive any termination of your Account, these Terms, and/or your access to the Service.

12. Disclaimer of Warranties

YOUR USE OF THE SERVICE, INCLUDING ANY ASSOCIATED CONTENT OR MATERIALS, IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY, ON BEHALF OF ITSELF AND ITS LICENSORS, HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICE, WHETHER STATUTORY, EXPRESS, IMPLIED, OR THROUGH A COURSE OF DEALING, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. COMPANY AND ITS LICENSORS DO NOT WARRANT, AND SPECIFICALLY DISCLAIM, THAT THE SERVICE WILL OPERATE UNINTERRUPTED, BE ERROR-FREE, OR THAT ALL DEFECTS WILL BE CORRECTED. NEITHER COMPANY NOR ITS LICENSORS MAKE ANY WARRANTY CONCERNING TIMELINESS, ACCURACY, PERFORMANCE, QUALITY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION OR RESULTS OBTAINED OR DERIVED THROUGH THE USE OF THE SERVICE, INCLUDING WITH RESPECT TO ANY OUTPUT.

COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT THE AI FEATURES OR ANY OUTPUT WILL BE ACCURATE, RELIABLE, ORIGINAL, NON-INFRINGING, OR SUITABLE FOR ANY PARTICULAR PURPOSE. OUTPUT MAY INCLUDE ERRORS, INACCURACIES, OR CONTENT THAT IS FABRICATED, OFFENSIVE, OR OTHERWISE UNSUITABLE. USE OF SUCH OUTPUT IS AT YOUR SOLE RISK. COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT ANY OUTPUT IS PROTECTABLE BY INTELLECTUAL PROPERTY RIGHTS UNDER ANY APPLICABLE LAW.

COMPANY FACILITATES ACCESS TO THIRD-PARTY AI SERVICES FOR IMAGE GENERATION AND COMPARISON PURPOSES ONLY. COMPANY IS NOT THE PROVIDER OF ANY AI SERVICE OR ITS OUTPUT AND IS NOT RESPONSIBLE FOR SUCH AI SERVICE OR OUTPUT. COMPANY HEREBY DISCLAIMS AND WILL HAVE NO LIABILITY RESULTING FROM OR WITH RESPECT TO: (I) THE OPERATION, MAINTENANCE, FUNCTION, FAILURE, OR SECURITY OF ANY AI SERVICE; (II) ANY ACT OR OMISSION OF ANY PROVIDER OF ANY AI SERVICE; (III) THE OUTPUT OR CONTENT GENERATED BY ANY AI SERVICE, INCLUDING ANY IMAGES THAT MAY BE INACCURATE, OFFENSIVE, INFRINGING, OR OTHERWISE OBJECTIONABLE; OR (IV) ANY DECISION OR ACTION TAKEN BY YOU AS A RESULT OF ANY OF THE FOREGOING.

FROM TIME TO TIME, COMPANY MAY OFFER NEW "BETA" FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT COMPANY'S SOLE DISCRETION.

13. Limitation of Liability

13.1 Disclaimer of Certain Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND THE OTHER COMPANY PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF COMPANY OR THE OTHER COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE.

13.2 Cap on Liability

THE TOTAL LIABILITY OF COMPANY AND THE OTHER COMPANY PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE GREATER OF (I) THE TOTAL AMOUNT PAID TO COMPANY BY YOU DURING THE TWELVE-MONTH PERIOD PRIOR TO THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; OR (II) ONE HUNDRED U.S. DOLLARS ($100). THE FOREGOING CAP ON LIABILITY DOES NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A COMPANY PARTY'S NEGLIGENCE; (B) ANY INJURY CAUSED BY A COMPANY PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF COMPANY OR THE OTHER COMPANY PARTIES.

13.3 User Content

COMPANY ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY CONTENT (INCLUDING YOUR CONTENT), USER COMMUNICATIONS, OR PERSONALIZATION SETTINGS.

13.4 Jurisdictional Limitations

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. ADDITIONALLY, THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13.5 Basis of the Bargain

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU.

14. Release

To the fullest extent permitted by applicable law, you release Company and the other Company Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties, including AI Service providers. 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."

15. Term and Termination

15.1 Term

The term of these Terms commences on the date when you accept these Terms and continues in full force and effect while you use the Service, unless terminated earlier in accordance with these Terms.

15.2 Termination by Company for Cause

If you have materially breached any provision of these Terms, or if Company is required to do so by law, or for any breach by you of Sections 3.6 or 7, Company has the right to, immediately and without notice, suspend or terminate the Service provided to you. In the event of termination for cause, any unused credits in your Account will be forfeited and no refund will be issued.

15.3 Termination by Company Without Cause

Company reserves the right to terminate these Terms or your access to the Service at any time without cause upon thirty (30) days' written notice to you. In the event of termination without cause by Company, Company will issue a pro-rata refund of any unused, unexpired purchased credits remaining in your Account at the time of termination. Free or promotional credits are not eligible for refund. Refunds will be processed to the original payment method within sixty (60) days of the effective date of termination.

15.4 Termination by You

If you want to terminate these Terms, you may do so by (i) notifying Company at support@artificialanalysis.ai, (ii) closing your Account (if applicable), and (iii) foregoing any further use of the Service. In the event of termination by you, any unused credits in your Account will be forfeited and no refund will be issued, except as required by applicable law.

15.5 Effect of Termination

Upon termination, your right to use the Service will automatically terminate, and we may delete Your Content associated therewith from our live databases in accordance with Section 5. Company will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content, except for the refund obligations set forth in Section 15.3. All provisions of these Terms which by their nature should survive, will survive termination, including without limitation, Sections 3.3 (License to Your Content), 4 (Usage Data and Analytics), 5 (Data Retention and Deletion), 6 (Ownership), 11 (Indemnification), 12 (Disclaimer of Warranties), 13 (Limitation of Liability), 14 (Release), 17 (Arbitration Agreement), and 18 (General Provisions).

15.6 No Subsequent Registration

If these Terms are terminated for cause by Company or if your Account or ability to access the Service is discontinued by Company due to your violation of any portion of these Terms, then you agree that you shall not attempt to re-register with or access the Service through use of a different member name or otherwise.

16. Intellectual Property Infringement Claims

It is the Company's policy to terminate membership privileges of any user who repeatedly infringes copyright, trademark, or other intellectual property rights upon prompt notification to the Company by the respective intellectual property owner or their legal agent. If you believe that your work has been copied and posted on the Service in a way that constitutes intellectual property rights infringement, please provide our designated intellectual property agent with the following information:

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right; (ii) a description of the work that you claim has been infringed; (iii) a description of the location on the Service of the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a written statement that you have a good faith belief that the disputed use is not authorized by the intellectual property right owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information is accurate and that you are the intellectual property right owner or authorized to act on their behalf.

Contact information for Company's designated agent: Attention: Legal Team, Artificial Analysis, Inc. Email: support@artificialanalysis.ai.

17. Arbitration Agreement

Please read this section (the "Arbitration Agreement") carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

17.1 Applicability

Subject to the terms of this Arbitration Agreement, you and Company agree that any dispute, claim, or disagreement arising out of or relating in any way to your access to or use of the Service, or these Terms (each, a "Dispute") will be resolved by binding arbitration, rather than in court, except that: (i) you and Company may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (ii) you or Company may seek equitable relief in court for infringement or other misuse of intellectual property rights.

17.2 Informal Dispute Resolution

If a Dispute arises, Company is committed to working with you to reach a reasonable resolution. You and Company agree that before either party commences arbitration against the other, you will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute ("Informal Dispute Resolution Conference"). The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference ("Notice"), which shall occur within forty-five (45) days after the other party receives such Notice, unless an extension is mutually agreed upon. Notice to Company should be sent by email to support@artificialanalysis.ai. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process.

17.3 Waiver of Jury Trial

YOU AND COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. YOU AND COMPANY ARE INSTEAD ELECTING THAT ALL DISPUTES SHALL BE RESOLVED BY ARBITRATION UNDER THIS ARBITRATION AGREEMENT, EXCEPT AS SPECIFIED IN SECTION 17.1.

17.4 Waiver of Class and Other Non-Individualized Relief

YOU AND COMPANY AGREE THAT, EXCEPT AS SPECIFIED IN SECTION 17.10, EACH OF YOU MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE.

Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this section are invalid or unenforceable as to a particular claim or request for relief, you and Company agree that that particular claim or request for relief shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of Delaware. All other Disputes shall be arbitrated or litigated in small claims court.

17.5 Rules and Forum

This Agreement evidences a transaction involving interstate commerce; and notwithstanding any other provision herein, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. The arbitration will be administered by the American Arbitration Association ("AAA"), in accordance with the Consumer Arbitration Rules then in effect, except as modified by this section. The AAA rules are available at https://www.adr.org/.

Unless you and Company otherwise agree, or the Batch Arbitration process discussed in Section 17.10 is triggered, the arbitration will be conducted in the county where you reside. You and Company agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential.

17.6 Arbitrator

The arbitrator will be either a retired judge or an attorney licensed to practice law in the State of Delaware and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days, the AAA will appoint the arbitrator in accordance with the AAA Rules.

17.7 Authority of Arbitrator

The arbitrator shall have exclusive authority to resolve any Dispute, including disputes arising out of or related to the interpretation or application of the Arbitration Agreement, except that all Disputes arising out of or relating to Section 17.4 shall be decided by a court of competent jurisdiction and not by an arbitrator. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. The award of the arbitrator is final and binding.

17.8 Attorneys' Fees and Costs

The parties shall bear their own attorneys' fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

17.9 One Year to Assert Claims

To the extent permitted by applicable law, any Dispute by you or Company against the other must be filed within one (1) year after such Dispute arises; otherwise, the Dispute is permanently barred, which means that you or Company will no longer have the right to assert that Dispute.

17.10 Batch Arbitration

To increase the efficiency of administration and resolution of arbitrations, you and Company agree that in the event that there are one-hundred (100) or more individual arbitration requests of a substantially similar nature filed against Company by or with the assistance of the same law firm or group of law firms within a thirty (30) day period, the AAA shall (1) administer the arbitration demands in batches of 100 requests per batch; (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective, and/or mass arbitration or action of any kind.

17.11 30-Day Right to Opt Out

You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out via email to: support@artificialanalysis.ai, with the subject line "ARBITRATION OPT-OUT" within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address associated with your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement.

17.12 Invalidity; Expiration

Except as provided in Section 17.4, if any part of this Arbitration Agreement is found to be invalid or unenforceable, then such specific part shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

17.13 Modification

Notwithstanding any provision in these Terms to the contrary, we agree that if Company makes any future material change to this Arbitration Agreement, we will notify you. You may reject any change we make to this Section 17 (except address changes) by sending us notice of your rejection within thirty (30) days of the change via email at support@artificialanalysis.ai. Changes to this Section 17 may only be rejected as a whole. If you reject changes made to this Section 17, the most recent version of this Section 17 that you have not rejected will continue to apply.

18. General Provisions

18.1 Electronic Communications

The communications between you and Company may take place via electronic means. For contractual purposes, you (i) consent to receive communications from Company in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company electronically provides to you satisfy any legal requirement that such communications would satisfy if they were in writing.

18.2 Assignment

These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company's prior written consent. Company may, without your consent, freely assign and transfer these Terms. Any attempted assignment in violation of the foregoing will be null and void.

18.3 Force Majeure

Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

18.4 Questions, Complaints, Claims

If you have any questions, complaints, or claims with respect to the Service, please contact us at: support@artificialanalysis.ai.

18.5 Consumer Complaints

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

18.6 Agreement Updates

When changes are made, Company will make a new copy of these Terms available on the Service, and we will also update the "Last Updated" date. If we make any material changes and you have registered an Account with us, we will also send an email to you at the email address associated with your Account. Unless otherwise stated in such update, any changes to these Terms will be effective immediately upon posting.

IF YOU DO NOT AGREE TO ANY CHANGE(S) AFTER RECEIVING A NOTICE OF SUCH CHANGE(S), YOU SHALL STOP USING THE SERVICE.

18.7 Exclusive Venue

To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Company agree that all claims and disputes arising out of or relating to these Terms will be litigated exclusively in the state or federal courts located in New Castle County, Delaware.

18.8 Governing Law

THESE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THESE TERMS.

18.9 Notice

Where Company requires that you provide an email address, you are responsible for providing Company with a valid and current email address. In the event that the email address you provide is not valid, Company's dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to Company at: support@artificialanalysis.ai.

18.10 Waiver

Company's failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.

18.11 Severability

If any portion of these Terms other than Section 17 is found to be invalid or unenforceable, (a) the unenforceable provision will be severed from these Terms; (b) severance will have no impact on the remainder of these Terms; and (c) the unenforceable provision may be revised to the extent required to render it enforceable, and the rights and responsibilities of the parties will be interpreted and enforced accordingly, so as to preserve these Terms to the fullest possible extent.

18.12 Entire Agreement

These Terms, together with the Privacy Policy and any applicable Supplemental Terms, reflect the entire agreement between the parties relating to its subject matter and supersede all prior agreements, representations, statements, and understandings of the parties with respect to such subject matter.

19. International Provisions

The following provisions apply only if you are located in the countries or regions listed below.

19.1 European Economic Area and United Kingdom

If you are located in the European Economic Area ("EEA") or the United Kingdom ("UK"), the following additional provisions apply:

(a) You have rights under the General Data Protection Regulation (EU) 2016/679 ("GDPR") and/or the UK GDPR with respect to any personal data processed by Company in connection with the Service. Details of how Company processes personal data, the legal bases for processing, your data subject rights, and the procedures for exercising those rights are set forth in the Privacy Policy.

(b) Nothing in these Terms limits or excludes any rights you have under applicable consumer protection laws that cannot be excluded or limited by contract, including but not limited to the Consumer Rights Act 2015 (UK) or Directive 2011/83/EU on consumer rights.

(c) A third party who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Terms, but this does not affect any right or remedy of such third party which exists or is available apart from that Act.

(d) The arbitration provisions in Section 17 shall not apply to the extent they would deprive you of mandatory rights under the laws of your jurisdiction of residence, including the right to bring proceedings in the courts of your jurisdiction of residence.

19.2 Germany

Notwithstanding anything to the contrary in Section 13 (Limitation of Liability), Company is also not liable for acts of simple negligence (unless they cause injuries to or death of any person), except when they are caused by a breach of any substantial contractual obligations (vertragswesentliche Pflichten).

19.3 Australia

Nothing in these Terms is intended to exclude, restrict, or modify any consumer guarantee, right, or remedy conferred by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted, or modified by agreement. If any provision of these Terms is held to be in contravention of any such consumer protection law, it shall be deemed to be modified (to the minimum extent necessary) to comply with that law, or if modification is not possible, it shall be deemed to be severed from these Terms. To the extent that Company is entitled to limit its liability under the Australian Consumer Law, Company's liability is limited, at Company's option, to the re-supply of the Services or the payment of the cost of having the Services re-supplied.

20. Trade Controls Provisions

You are responsible for compliance with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant, and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a "terrorist supporting" country (currently including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine); or (b) on any U.S. government list of restricted end users, including the Office of Foreign Assets Control's Specially Designated Nationals and Blocked Persons List. You will notify the Company promptly if you are no longer able to make the foregoing representations. The Company has the right to terminate these Terms effective immediately in the event you become a sanctioned person or locate to a sanctioned country.