Terms of Service — Storage Analyst

TERMS OF SERVICE

Storage Analyst

Version 1.0 — Effective Date: August 26, 2026

1. ACCEPTANCE OF TERMS

These Terms of Service (these “Terms”) are a binding agreement between Casey Reid, an individual residing in Texas and doing business as "Storage Analyst" (“Company,” “we,” “our,” or “us”), and the person or entity that accesses or uses the Services (“Customer,” “you,” or “your”). By clicking “I agree,” creating an account, or otherwise accessing or using the Services, you accept and agree to be bound by these Terms and by the documents incorporated by reference in Section 21.9. If you do not agree to these Terms, you may not access or use the Services.

If you accept these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity, and “you” refers to that entity and each of its Authorized Users. You represent that you are at least 18 years of age.

THE SERVICES ARE OFFERED SOLELY FOR BUSINESS AND COMMERCIAL PURPOSES. YOU REPRESENT THAT YOU ARE ACQUIRING AND USING THE SERVICES FOR BUSINESS USE AND NOT FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES.

2. DEFINITIONS

“Services” means the Storage Analyst web application and any related software, applications, features, tools, and services made available by Company, including deal-pipeline and facility-record management, underwriting analysis, document intake and management, and any features Company adds from time to time.

“AI Output” means any analysis, projection, estimate, valuation figure, pro forma, sensitivity analysis, narrative, report, or other content generated in whole or in part by artificial-intelligence features of the Services.

“Customer Data” means data, information, and materials that you or your Authorized Users submit to or create within the Services, including facility and deal records, underwriting inputs and assumptions, Contact Data, and Uploaded Documents, together with AI Output generated for your account. Customer Data excludes Aggregated Data.

“Contact Data” means Customer Data consisting of personal information about individuals other than you or your Authorized Users, including without limitation facility owners, brokers, and their representatives.

“Uploaded Documents” means files and documents that you submit to the Services, including without limitation rent rolls, operating statements (T-12s), leases, offering memoranda, surveys, environmental reports, and closing documents.

“Embedded PII” means personal information contained within Uploaded Documents, including without limitation tenant names, unit assignments, contact details, and payment or delinquency information.

“Aggregated Data” means data derived from Customer Data or from use of the Services that has been de-identified and aggregated with other data such that it does not identify, and cannot reasonably be used to identify, you, any Authorized User, any natural person, or any specific transaction of yours.

“Third-Party Services” means services, data sources, integrations, or applications that are provided by a party other than Company and that interoperate with the Services, including integrations that you connect using your own account credentials or API keys (“BYOK Integrations”).

“Authorized User” means an individual whom you authorize to access the Services under your account.

3. THE SERVICES; LICENSE; RESTRICTIONS

3.1 License Grant. Subject to your compliance with these Terms and payment of applicable fees, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services during your subscription term, solely for your internal business purposes.

3.2 Restrictions. Except as expressly permitted by these Terms, you will not, and will not permit any third party to: (a) copy, modify, translate, or create derivative works of the Services; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, models, prompts, logic, or underlying structure of the Services; (c) rent, lease, lend, sell, resell, sublicense, distribute, or otherwise make the Services available to any third party, or use the Services on a service-bureau or timesharing basis; (d) use the Services or any output of the Services to develop, train, improve, or market a product or service that competes with the Services; (e) scrape, harvest, or systematically extract data, assumption libraries, default values, heuristics, formulas, or methodologies embodied in the Services; (f) circumvent or disable any security or technical measures of the Services; or (g) exceed usage limitations applicable to your subscription tier. Your access to AI Output does not grant you any license to the underlying methodologies, models, prompts, assumption libraries, or analytical frameworks used to produce it.

3.3 Changes to the Services. Company may modify, enhance, suspend, or discontinue any aspect of the Services at any time, with or without notice. Your purchase of a subscription is not contingent on the delivery of any future functionality or feature.

4. ACCOUNTS; SECURITY; AUTHORIZED USERS

4.1 Registration. You must provide accurate, current, and complete information when creating an account and keep it updated.

4.2 Credentials. You are responsible for safeguarding your account credentials and for all activity that occurs under your account, whether or not authorized by you. You will notify Company promptly at me@caseyreid.com of any unauthorized access or use of your account. Company strongly recommends enabling multi-factor authentication where available.

4.3 Authorized Users. You are responsible for your Authorized Users’ compliance with these Terms and for ensuring each Authorized User is bound by terms at least as protective of Company as these Terms.

5. AI-GENERATED ANALYSIS; NO INVESTMENT ADVICE; NO RELIANCE

5.1 Nature of AI Output. The Services use artificial-intelligence technologies, including large language models, to generate analysis, projections, and reports based on information you provide and assumptions you select or accept. AI Output is produced by automated systems and is inherently probabilistic.

5.2 Disclaimers. YOU ACKNOWLEDGE AND AGREE TO EACH OF THE FOLLOWING:

(a) NOT ADVICE. AI OUTPUT AND ALL OTHER CONTENT OF THE SERVICES ARE PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE INVESTMENT, FINANCIAL, LEGAL, TAX, OR ACCOUNTING ADVICE, OR A RECOMMENDATION TO PURCHASE, SELL, FINANCE, OR HOLD ANY PROPERTY, ASSET, OR SECURITY. COMPANY IS NOT A REGISTERED INVESTMENT ADVISER, BROKER-DEALER, LAW FIRM, OR ACCOUNTING FIRM, AND NO ADVISORY, FIDUCIARY, BROKERAGE, ATTORNEY-CLIENT, OR ACCOUNTANT-CLIENT RELATIONSHIP IS CREATED BY YOUR USE OF THE SERVICES.

(b) NOT AN APPRAISAL. AI OUTPUT IS NOT AN APPRAISAL, IS NOT PREPARED BY A LICENSED OR CERTIFIED APPRAISER, DOES NOT COMPLY WITH THE UNIFORM STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE (USPAP), AND MUST NOT BE USED AS A SUBSTITUTE FOR AN APPRAISAL PERFORMED BY A LICENSED APPRAISER.

(c) NO RELIANCE. YOU AGREE THAT YOU WILL NOT RELY ON AI OUTPUT AS THE BASIS FOR ANY ACQUISITION, DISPOSITION, FINANCING, LEASING, OPERATIONAL, OR OTHER BUSINESS OR INVESTMENT DECISION.

(d) INDEPENDENT VERIFICATION. YOU ARE SOLELY RESPONSIBLE FOR INDEPENDENTLY VERIFYING ALL INPUTS, ASSUMPTIONS, COMPARABLES, CALCULATIONS, AND OUTPUTS, AND FOR CONSULTING QUALIFIED PROFESSIONALS OF YOUR OWN CHOOSING—INCLUDING A LICENSED APPRAISER, ATTORNEY, ACCOUNTANT, AND LENDER—BEFORE MAKING ANY DECISION.

(e) AI LIMITATIONS. AI OUTPUT MAY BE INACCURATE, INCOMPLETE, OUTDATED, OR MISLEADING, MAY REFLECT ERRORS OR LIMITATIONS IN UNDERLYING MODELS OR DATA, AND MAY DIFFER MATERIALLY FROM ACTUAL RESULTS. AI OUTPUT IS PROVIDED “AS IS.”

(f) ASSUMPTION OF RISK. YOU ASSUME ALL RISK ARISING FROM YOUR USE OF, OR RELIANCE ON, AI OUTPUT AND THE SERVICES, AND ALL RESPONSIBILITY FOR YOUR BUSINESS AND INVESTMENT DECISIONS AND THEIR OUTCOMES.

6. CUSTOMER DATA; OWNERSHIP; LICENSES

6.1 Your Ownership. As between you and Company, you own and retain all right, title, and interest in and to Customer Data, including, as between the parties, AI Output generated for your account from your inputs, subject to Company’s rights in the Services and to Section 7.

6.2 License to Company. You grant Company a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit, display, and otherwise use Customer Data (a) to provide, maintain, secure, and support the Services; (b) to comply with law; and (c) to create Aggregated Data as described in Section 7.

6.3 Feedback. If you provide suggestions, ideas, or other feedback regarding the Services, Company may use such feedback without restriction or obligation to you.

6.4 Company IP. Company and its licensors own and retain all right, title, and interest in and to the Services, including all software, models, prompts, assumption libraries, methodologies, interfaces, designs, and documentation, and all associated intellectual-property rights. No rights are granted to you except as expressly set forth in these Terms.

7. AGGREGATED AND DE-IDENTIFIED DATA

7.1 Internal Use. Company may create Aggregated Data and may use Aggregated Data during and after the term of these Terms solely to operate, maintain, analyze, improve, and develop the Services and their features, including benchmarking and comparative-analytics features made available to users of the Services.

7.2 Limitations. Company will not (a) attempt to re-identify Aggregated Data or permit any third party to do so, or (b) sell, license, or otherwise disclose Aggregated Data to third parties as a standalone product or data offering.

7.3 Survival. Company’s rights under this Section 7 survive termination or expiration of these Terms.

8. CONTACT DATA AND EMBEDDED PII

8.1 Your Warranties. You represent and warrant that (a) you have a lawful basis, and all rights, consents, and permissions required by applicable law, to collect, upload, store, and process all Contact Data and all Embedded PII that you submit to the Services; and (b) your collection and use of such information complies with all applicable privacy and data-protection laws.

8.2 No Outbound Communications; Your Off-Platform Conduct. The Services do not send emails, text messages, telephone calls, or physical mail to your contacts, and Company does not communicate with the individuals described in your Contact Data on your behalf. Any outreach, marketing, solicitation, or other communication that you conduct—by any means and whether or not informed by information stored in the Services—is solely your own conduct, and you are solely responsible for its compliance with all applicable laws, including without limitation the Telephone Consumer Protection Act, the CAN-SPAM Act, and applicable state telemarketing, privacy, and consumer-protection laws.

8.3 Third-Party Requests. If an individual described in Contact Data or Embedded PII contacts Company to exercise privacy rights with respect to information you control, Company may route the request to you, and you will handle it in accordance with applicable law. Company will reasonably cooperate with you in responding to such requests.

9. UPLOADED DOCUMENTS; COPYRIGHT; DMCA

9.1 Your Warranties. You represent and warrant that you have all rights necessary to upload and store Uploaded Documents in the Services and that your doing so does not infringe or misappropriate any third party’s intellectual-property, privacy, contractual, or other rights.

9.2 DMCA Notices. Company complies with the Digital Millennium Copyright Act (17 U.S.C. § 512). If you believe material stored in the Services infringes your copyright, send a notice containing the elements required by § 512(c)(3) to Company’s designated agent: Casey Reid, 422 N. Casa Grande Cir., Duncanville, TX 75116, me@caseyreid.com. Company will respond to compliant notices, including by removing or disabling access to the identified material where appropriate, and will forward counter-notices as provided by § 512(g).

9.3 Repeat Infringers. Company will terminate, in appropriate circumstances, the accounts of users who are repeat infringers.

10. THIRD-PARTY SERVICES; BRING-YOUR-OWN-KEY INTEGRATIONS

10.1 Third-Party Terms. Third-Party Services are governed solely by the terms and privacy policies of their providers. Company does not control and is not responsible for Third-Party Services.

10.2 BYOK Integrations. Where you connect a BYOK Integration (including, without limitation, third-party market-data services), you are solely responsible for (a) your credentials and API keys and all activity and charges under them, and (b) your compliance with the third-party provider’s terms, including any restrictions on your use of data obtained through the integration. You represent and warrant that your use of data obtained through BYOK Integrations within the Services is authorized by your agreement with the applicable provider.

10.3 No Warranty; No Liability. COMPANY MAKES NO WARRANTY REGARDING, AND WILL HAVE NO LIABILITY FOR, THE ACCURACY, COMPLETENESS, AVAILABILITY, OR LEGALITY OF ANY THIRD-PARTY SERVICE OR ANY DATA OBTAINED THROUGH ONE, OR FOR ANY SUSPENSION, DISCONTINUATION, OR FAILURE OF ANY THIRD-PARTY SERVICE.

11. ACCEPTABLE USE

You will not, and will not permit any Authorized User or third party to, use the Services to:

violate any applicable law or regulation, or any right of any third party;
upload or transmit any material that is unlawful, infringing, defamatory, or fraudulent, or that contains malicious code;
interfere with, disrupt, or impose an undue burden on the Services or their infrastructure, or attempt to gain unauthorized access to any system or data;
misrepresent AI Output as human-prepared professional advice, an appraisal, or an audited or verified analysis;
use any artificial-intelligence feature of the Services in a manner that violates the usage policies of Company’s AI providers, as made available or referenced by Company from time to time, or that would cause Company to breach its agreements with such providers; or
access the Services to benchmark them for, or build, a competing product.

Company may update this Section or publish a separate Acceptable Use Policy on notice to you, and may investigate suspected violations.

12. FEES; PAYMENT; AUTO-RENEWAL; CANCELLATION

12.1 Fees and Payment. You will pay the subscription fees for your selected plan, in advance, by the payment method you provide. Payments are processed by Company’s third-party payment processor. You authorize recurring charges to your payment method for each billing period.

12.2 AUTOMATIC RENEWAL. YOUR SUBSCRIPTION AUTOMATICALLY RENEWS FOR SUCCESSIVE PERIODS EQUAL TO YOUR BILLING PERIOD, AND YOUR PAYMENT METHOD WILL BE CHARGED AT THE THEN-CURRENT RATE AT THE START OF EACH RENEWAL PERIOD, UNLESS YOU CANCEL BEFORE THE RENEWAL DATE. YOU MAY CANCEL AT ANY TIME THROUGH YOUR ACCOUNT SETTINGS, AND CANCELLATION TAKES EFFECT AT THE END OF THE CURRENT BILLING PERIOD. COMPANY WILL SEND RENEWAL REMINDERS AND ADVANCE NOTICE OF ANY PRICE CHANGE AS REQUIRED BY APPLICABLE LAW.

12.3 Price Changes. Company may change fees effective upon your next renewal, with advance notice.

12.4 No Refunds. Except as expressly stated in these Terms or required by applicable law, all fees are non-refundable and non-creditable.

12.5 Taxes. Fees are exclusive of taxes; you are responsible for all applicable taxes other than taxes on Company’s income.

12.6 Nonpayment. Company may suspend the Services for accounts with overdue amounts after notice.

13. MARKETING COMMUNICATIONS

By creating an account or joining Company’s waiting list and providing the applicable consent, you agree that Company may send you marketing and promotional communications about the Services, which may include content generated with the assistance of artificial intelligence. You may opt out of marketing communications at any time via the unsubscribe mechanism in each message or through your account settings. Company will continue to send you transactional and service communications (such as billing, security, and legal notices) regardless of your marketing preferences.

14. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, ALL AI OUTPUT, AND ALL DATA AND CONTENT MADE AVAILABLE THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. COMPANY AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. COMPANY AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT AI OUTPUT OR ANY OTHER CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, OR CURRENT; THAT ANY DEFECTS WILL BE CORRECTED; OR THAT YOUR USE OF THE SERVICES WILL COMPLY WITH LAWS APPLICABLE TO YOU OR PRODUCE ANY PARTICULAR BUSINESS OR INVESTMENT RESULT.

15. INDEMNIFICATION

15.1 By You. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “COMPANY INDEMNITEES”) FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, ACTIONS, DEMANDS, AND PROCEEDINGS, AND ALL RESULTING LOSSES, DAMAGES, LIABILITIES, SETTLEMENTS, JUDGMENTS, AWARDS, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS OF LITIGATION), ARISING OUT OF OR RELATING TO: (a) CONTACT DATA OR EMBEDDED PII, INCLUDING YOUR COLLECTION, UPLOAD, STORAGE, OR USE OF SUCH INFORMATION AND ANY FAILURE TO HAVE A LAWFUL BASIS FOR IT; (b) YOUR OR ANY THIRD PARTY’S USE OF, OR RELIANCE ON, THE SERVICES AND/OR AI OUTPUT IN CONNECTION WITH ANY TRANSACTION OR DECISION; (c) UPLOADED DOCUMENTS, INCLUDING ANY CLAIM OF INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF PRIVACY RIGHTS; (d) YOUR COMMUNICATIONS AND OTHER CONDUCT OUTSIDE THE SERVICES, INCLUDING ANY OUTREACH INFORMED BY INFORMATION STORED IN THE SERVICES; (e) YOUR BREACH OF THESE TERMS, INCLUDING THE WARRANTIES IN SECTIONS 8, 9, AND 10; OR (f) YOUR VIOLATION OF APPLICABLE LAW.

15.2 Procedure. Company will promptly notify you of any claim subject to Section 15.1 (provided that delayed notice relieves you of your obligations only to the extent you are materially prejudiced), and may participate in the defense with counsel of its choosing at its own expense. You will not settle any claim in a manner that imposes obligations on Company without Company’s prior written consent.

16. LIMITATION OF LIABILITY

16.1 EXCLUSION OF CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITY, GOODWILL, DATA, OR ANTICIPATED SAVINGS, OR FOR THE OUTCOME OF ANY INVESTMENT, ACQUISITION, FINANCING, OR OTHER TRANSACTION OR DECISION, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION APPLIES REGARDLESS OF WHETHER SUCH DAMAGES ARISE FROM YOUR USE OF THE SERVICES, ANY FAILURE OR DELAY IN PROVIDING THE SERVICES, OR ANY AI OUTPUT OR OTHER CONTENT PROVIDED THROUGH THE SERVICES.

16.2 LIMITATION ON TOTAL LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR AI OUTPUT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, WILL NOT EXCEED THE FEES ACTUALLY PAID BY YOU TO COMPANY FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.

16.3 BASIS OF THE BARGAIN. The exclusions and limitations in this Section 16 apply (a) notwithstanding the failure of essential purpose of any limited remedy provided in these Terms, (b) even if Company knew or should have known of the possibility of such damages, and (c) to the fullest extent permitted by applicable law. The parties acknowledge and agree that the limitations and exclusions set forth in this Section 16 reflect a fair and reasonable allocation of risk between the parties, that the fees charged by Company for the Services reflect such allocation, and that the limitations and exclusions form an essential basis of the bargain between the parties. Without such limitations and exclusions, the terms and conditions of these Terms, including the economic terms, would be substantially different.

16.4 ACKNOWLEDGMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS SECTION 16, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS. YOU ACKNOWLEDGE THAT THIS SECTION 16 IS A MATERIAL INDUCEMENT FOR COMPANY TO PROVIDE THE SERVICES AT THE PRICES CHARGED AND THAT COMPANY WOULD NOT PROVIDE THE SERVICES TO YOU WITHOUT THIS LIMITATION OF LIABILITY. YOU HAVE CONSULTED, OR HAD THE OPPORTUNITY TO CONSULT, WITH LEGAL COUNSEL REGARDING THE TERMS OF THIS SECTION.

17. TERM; SUSPENSION; TERMINATION; DATA EXPORT

17.1 Term. These Terms commence when you first accept them and continue until your subscription expires or is terminated as provided herein.

17.2 Suspension. Company may suspend your access to all or part of the Services immediately if (a) you materially breach these Terms, including the Acceptable Use provisions; (b) your account presents a security, legal, or operational risk to Company, the Services, or any third party; or (c) amounts you owe are overdue following notice. Company will have no liability for any suspension under this Section.

17.3 Termination. Either party may terminate these Terms for the other party’s material breach that remains uncured thirty (30) days after written notice. You may terminate at any time by cancelling your subscription, effective at the end of the current billing period. Company may terminate for convenience effective at the end of your current billing period on reasonable advance notice.

17.4 Data Export; Deletion. For thirty (30) days following termination or expiration (other than termination by Company for your material breach), Company will, upon your request, make Customer Data available for export in a commonly used format (structured records in CSV format, together with your Uploaded Documents and PDF copies of generated reports). After such period, Company will have no obligation to retain Customer Data and may delete it in accordance with its data-retention practices, except as retention is required by law or for Aggregated Data as provided in Section 7.

17.5 Survival. Sections 5, 6.3, 6.4, 7, 8, 9.1, 10.3, 14, 15, 16, 17.4, 17.5, 18, 19, 20, and 21 survive termination or expiration of these Terms.

18. DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES DISPUTES TO BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND WAIVES THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

18.1 Informal Resolution. Before initiating arbitration, a party must send the other a written notice of dispute describing the claim and the relief sought, and the parties will attempt in good faith to resolve the dispute within sixty (60) days. This is a condition precedent to arbitration.

18.2 Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms, the Services, AI Output, or your use of the Services, including the validity, enforceability, or scope of this arbitration provision, that is not resolved informally pursuant to Section 18.1 will be finally resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its then-current Commercial Arbitration Rules, as modified by this Section 18. The arbitration will be conducted by a single arbitrator selected in accordance with the AAA’s rules. The arbitration shall occur in Collin County, Texas, and the arbitration shall be conducted exclusively in the English language. Judgment on the award rendered by the arbitrator may be entered and enforced in any court of competent jurisdiction. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs the interpretation, enforcement, and proceedings pursuant to this Section 18. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this agreement is void or voidable.

18.3 Class Waiver. ALL DISPUTES WILL BE ARBITRATED ON AN INDIVIDUAL BASIS ONLY. NEITHER PARTY MAY PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION, AND THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MORE THAN ONE PARTY. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL.

18.4 Mass Filings. If twenty-five (25) or more similar demands for arbitration are filed against Company by or with the assistance of coordinated counsel, the parties agree the demands will be administered in staged batches under the administrator’s applicable mass-arbitration procedures, with an initial set of bellwether proceedings, and applicable filing fees will be assessed consistent with those procedures.

18.5 Exceptions. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction located in Collin County, Texas, to protect its intellectual property rights or confidential information pending the outcome of arbitration. Any such proceeding must be accompanied by a concurrent demand for arbitration with the AAA provided under Section 18.2 above. Once appointed, the arbitrator shall have the sole and exclusive authority to determine whether any injunctive or other equitable relief obtained prior to the arbitration shall remain in effect during the arbitration.

18.6 Severability of Waiver. If the class waiver in Section 18.3 is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in court, and the remainder of this Section 18 will continue to apply.

19. GOVERNING LAW; VENUE; TEXAS PROVISIONS

19.1 Governing Law. These Terms and any dispute or claim arising out of or relating to these Terms, the Services, or AI Output (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict-of-laws principles.

19.2 Venue. Subject to the binding arbitration provisions in Section 18, which shall govern the resolution of all disputes except as expressly provided therein, the state and federal courts located in Collin County, Texas shall have exclusive jurisdiction over any dispute, claim, or action arising out of or relating to these Terms or the Services that is not subject to arbitration pursuant to Section 18. Each party irrevocably submits to the exclusive personal jurisdiction and venue of such courts and waives any objection based on improper venue or inconvenient forum. The arbitration provisions of Section 18 shall take precedence over this Section 19.2, and no dispute that is required to be arbitrated under Section 18 may be brought in any court except as expressly permitted by Section 18.5.

19.3 DTPA WAIVER. TO THE EXTENT PERMITTED BY LAW, AND AFTER CONSULTATION WITH AN ATTORNEY OF YOUR OWN SELECTION, YOU WAIVE ALL PROVISIONS OF THE TEXAS DECEPTIVE TRADE PRACTICES–CONSUMER PROTECTION ACT (TEX. BUS. & COM. CODE § 17.41 ET SEQ.), OTHER THAN § 17.555, TO THE MAXIMUM EXTENT SUCH WAIVER IS PERMITTED UNDER § 17.42. YOU ACKNOWLEDGE THAT: (i) YOU ARE A BUSINESS CONSUMER AS DEFINED IN § 17.45 OF THE DTPA; (ii) YOU HAVE ASSETS OF $25 MILLION OR MORE, OR ARE OWNED OR CONTROLLED BY A CORPORATION OR ENTITY WITH ASSETS OF $25 MILLION OR MORE, OR THE TRANSACTION GIVING RISE TO ANY CLAIM UNDER THESE TERMS IS ENTERED INTO FOR $500,000 OR MORE; AND (iii) YOU HAVE KNOWLEDGE AND EXPERIENCE IN FINANCIAL AND BUSINESS MATTERS THAT ENABLE YOU TO EVALUATE THE MERITS AND RISKS OF THE TRANSACTION. IF THE FOREGOING REPRESENTATIONS ARE NOT TRUE, YOU REPRESENT THAT YOU HAVE HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY OF YOUR OWN SELECTION BEFORE AGREEING TO THIS WAIVER.

19.4 Non-Reliance. You acknowledge that you have not relied on any representation, warranty, or statement not expressly set forth in these Terms, including any statement regarding the accuracy of AI Output or the results obtainable from the Services. You acknowledge that these Terms, including the limitation of liability and disclaimers of warranties herein, are fair and reasonable.

20. CHANGES TO THESE TERMS

Company may modify these Terms from time to time. Company will provide notice of changes by email,in-app notice, or other electronic means, and the updated Terms will state their effective date. For material changes to Sections 5, 6, 7, 8, 16, or 18, Company will provide advance notice and require your affirmative acceptance before the changes apply to you; for other changes, your continued use of the Services after the effective date constitutes acceptance. If you do not agree to a change, your remedy is to cancel your subscription before the change takes effect.

21. GENERAL

21.1 Entire Agreement. These Terms, together with the documents incorporated by reference, constitute the entire agreement between the parties regarding the Services and supersede all prior and contemporaneous agreements, understandings, and communications, whether written or oral.

21.2 Severability. If any provision of these Terms is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force.

21.3 Assignment. You may not assign or transfer these Terms without Company’s prior written consent. Company may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

21.4 Force Majeure. Neither party is liable for delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control.

21.5 Notices. Company may provide notices to you by email to the address associated with your account or by in-app notice. Notices to Company must be sent to Casey Reid, 422 N. Casa Grande Cir., Duncanville, TX 75116, me@caseyreid.com.

21.6 No Waiver. A party’s failure to enforce any provision is not a waiver of its right to do so later.

21.7 Relationship. The parties are independent contractors. These Terms do not create any partnership, joint venture, agency, or employment relationship.

21.8 Export and Sanctions. You represent that you are not subject to U.S. sanctions and will comply with applicable export-control and sanctions laws in using the Services.

21.9 Incorporated Documents. The Company Privacy Policy, and any Acceptable Use Policy or supplemental terms Company publishes for specific features, are incorporated into these Terms by reference. In the event of a conflict, these Terms control unless the supplemental document expressly states otherwise.