99dots Terms of Service

1. Acceptance and Binding Agreement

These Terms constitute a legally binding agreement between you and SnackSafe Inc. governing your access to and use of the Service. By clicking to accept or agree to these Terms where that option is made available to you, by creating an account, or by otherwise accessing or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Service.

This is a clickwrap agreement. You manifest your assent to be bound by these Terms by clicking to accept them or by creating an account, and your continued use of the Service confirms that assent. If you do not agree to these Terms, you may not access or use the Service.

We may require you to accept updated or supplemental terms in order to continue using the Service or particular features. Where we do so, those updated or supplemental terms are incorporated into these Terms. Your continued use of the Service after any such terms take effect constitutes your acceptance of them.

2. Eligibility and Authority

You represent and warrant that you are at least eighteen (18) years of age and that you have the full legal capacity, right, power, and authority to enter into and comply with these Terms. The Service is not directed to, and may not be used by, anyone under the age of eighteen. By using the Service you affirm that you meet this age requirement.

If you are accessing or using the Service on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case the terms 'you' and 'your' refer to that entity as well as to you individually. If you do not have such authority, you must not accept these Terms or use the Service on that entity's behalf.

You further represent and warrant that you are not located in, under the control of, or a national or resident of any country or territory subject to comprehensive United States sanctions, that you are not identified on any United States government list of prohibited or restricted parties, and that your use of the Service does not violate any applicable export control or sanctions law.

3. Description of the Service; As-Is and As-Available

99dots is an artificial-intelligence-assisted outbound sales platform. The Service allows you, among other things, to (a) scan the web and licensed data sources for companies matching a target market or ideal customer profile that you describe; (b) assemble and verify business contact information for decision-makers, including names, roles, work email addresses, and LinkedIn profiles, from public sources and from third-party and licensed data providers; (c) draft and send personalized outbound email from email accounts that you connect, including Gmail accounts connected via Google OAuth using restricted scopes (including gmail.send, gmail.readonly, gmail.modify, and gmail.compose), run multi-step sequences, and read replies to those messages; (d) optionally connect your LinkedIn account (via Unipile) for research and outreach; (e) use a website 'visitor pixel' that seeks to identify anonymous website visitors as named companies and, where available, the people behind them, together with business contact data; and (f) post alerts to Slack. Payments are processed through Stripe, and no payment card data touches our servers. Artificial-intelligence features run on Amazon Web Services Bedrock using Anthropic Claude models. Email verification and enrichment rely on third-party providers.

The Service is provided strictly on an 'as is' and 'as available' basis. SnackSafe is a neutral technology and tool provider. We do not originate, direct, control, endorse, or take responsibility for the recipients you select, the messages you compose or send, or the manner in which you use contact data or the Service. Any decision to contact any person or company, and the content, timing, targeting, and lawfulness of any outreach, are yours alone.

We may add, modify, suspend, or discontinue any feature, function, or component of the Service, or the Service as a whole, at any time and without liability to you. We do not warrant that the Service will be uninterrupted, timely, secure, error-free, or free from loss, corruption, attack, viruses, interference, or other security intrusion, and we disclaim any liability relating thereto. Features described here or in our marketing may depend on third-party services, data availability, and technical conditions outside our control.

4. Accounts and Security

To access certain features of the Service you must register for an account. You agree to provide accurate, current, and complete information during registration and to keep that information updated. You are responsible for maintaining the confidentiality of your account credentials and any authentication tokens, OAuth grants, or connected-account access associated with your account, and you are solely responsible for all activities that occur under your account, whether or not authorized by you.

You agree to notify us immediately at support@99dots.ai of any unauthorized access to or use of your account or any other breach of security. SnackSafe will not be liable for any loss or damage arising from your failure to safeguard your credentials or connected accounts or from any unauthorized use of your account. We may, in our sole discretion, refuse to register, or cancel, any account or username.

You are responsible for obtaining and maintaining all equipment, devices, software, network access, and third-party accounts (including email, LinkedIn, Slack, and payment accounts) necessary to use the Service, and for all costs associated with them. You must comply with the terms, policies, and technical requirements of any account or service you connect to the Service.

5. Subscriptions, Fees, Automatic Renewal, Billing, Taxes, and No Refunds

The Service is offered on a subscription basis and under such plans, tiers, usage limits, and pricing as we make available from time to time. By selecting a paid subscription, you agree to pay all fees applicable to your plan. All fees are stated and payable in United States dollars unless otherwise specified.

Payments are processed by our third-party payment processor, Stripe. You authorize us and Stripe to charge your designated payment method for all fees when due. You represent and warrant that you are authorized to use the payment method you provide and you authorize recurring charges to that method. Your use of Stripe is subject to Stripe's own terms and privacy policy, and no payment card data is stored on or transmitted through SnackSafe's own servers.

Unless otherwise stated, subscriptions renew automatically. At the end of each billing period, your subscription will automatically renew for a subsequent period of the same length, and your payment method will be charged the then-current fees for the renewal, unless and until you cancel prior to the start of the renewal period through the account settings or by contacting support@99dots.ai. Cancellation takes effect at the end of the then-current billing period, and you will retain access through the end of the period for which you have paid.

Fees are exclusive of all taxes, levies, and duties. You are responsible for all sales, use, value-added, goods-and-services, withholding, and similar taxes and governmental assessments associated with your purchases, excluding taxes based on SnackSafe's net income. If we are required to collect or pay any such taxes, they will be charged to you.

We may change our fees, plans, and the features included in any plan at any time. For changes to recurring subscription fees, we will provide notice (which may be by email or through the Service) before the change takes effect, and the new fees will apply as of your next renewal. Your continued use of the Service or failure to cancel before the renewal constitutes acceptance of the changed fees.

All fees and charges are non-refundable. Except where a refund is expressly required by applicable law, we do not provide refunds or credits for any partial subscription periods, unused features, downgrades, dissatisfaction with results, suspension or termination of your account for violation of these Terms, or any other reason. You acknowledge and agree that this no-refund policy is a material part of the bargain reflected in our pricing.

6. Acceptable Use and Prohibited Conduct

You agree to use the Service only for lawful purposes and in accordance with these Terms. You are solely responsible for your conduct and for all data, content, and messages you submit, generate, send, or transmit through the Service.

You must not, and must not permit or enable any third party to: (a) use the Service to send unsolicited, unlawful, deceptive, harassing, or bulk communications in violation of any applicable anti-spam, telemarketing, privacy, or data-protection law; (b) send messages that are fraudulent, misleading, defamatory, obscene, hateful, threatening, or that contain malware or deceptive header, subject line, or sender information; (c) use the Service to collect, harvest, scrape, assemble, or process contact or personal data other than as permitted by these Terms, by applicable law, and by the terms of the applicable data source; (d) violate, misappropriate, or infringe the intellectual property, privacy, publicity, contractual, or other rights of any person; (e) access or use the Service to build or benefit a competing product or service, or to benchmark it without our prior written consent; (f) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, structure, or underlying ideas of the Service, except to the extent this restriction is prohibited by applicable law; (g) copy, modify, translate, or create derivative works of the Service; (h) resell, sublicense, rent, lease, time-share, or otherwise make the Service available to third parties except as expressly permitted; (i) circumvent, disable, or interfere with security, rate-limiting, usage, or access-control features of the Service or of any connected third-party service; (j) use bots, scrapers, or automated means to access the Service other than through interfaces we provide; (k) upload or transmit viruses, worms, or other harmful code, or engage in any activity that imposes an unreasonable or disproportionately large load on our infrastructure; (l) impersonate any person or entity or misrepresent your affiliation with any person or entity; or (m) use the Service in any way that violates any applicable law or the terms, policies, or acceptable-use rules of any third-party service you connect, including Google, LinkedIn, Unipile, Slack, Stripe, and any data provider.

We reserve the right, but assume no obligation, to monitor, investigate, and take appropriate action, including removing content, throttling or suspending sending, and suspending or terminating accounts, with respect to any use of the Service that we determine, in our sole discretion, violates these Terms or applicable law or that generates abuse complaints, spam reports, blocklisting, or deliverability harm.

7. Your Compliance Responsibilities

You acknowledge and agree that you, and not SnackSafe, are the sender of every message sent through the Service using accounts you connect, and that you are the data controller (or the equivalent responsible party) for all personal data you target, collect, upload, enrich, or process in connection with your campaigns. SnackSafe acts only as a neutral tool provider and, to the extent it processes personal data on your behalf, as your processor acting on your documented instructions.

You are solely responsible for ensuring that your use of the Service, your outbound messages, your targeting, and your use of contact and other data comply with all applicable laws, regulations, and industry standards, including without limitation the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), Canada's Anti-Spam Legislation (CASL), the General Data Protection Regulation (GDPR), the UK GDPR, the California Consumer Privacy Act as amended by the California Privacy Rights Act (CCPA/CPRA), and all other applicable privacy, data-protection, marketing, anti-spam, telemarketing, consumer-protection, and electronic-communications laws.

You represent and warrant that, for each recipient you contact and each individual whose data you process, you have a valid lawful basis and all necessary rights, permissions, and consents required by applicable law to collect, use, disclose, and process that person's data and to contact that person by the channels you use, and that you have the right to connect and use any email, LinkedIn, or other account that you connect to the Service. You are responsible for maintaining and honoring do-not-contact and suppression lists, for promptly honoring opt-out, unsubscribe, and data-subject requests, and for including in your messages all sender identification, physical postal address, and functioning unsubscribe mechanisms required by applicable law.

You acknowledge that contact data made available through the Service may include personal data of individuals located in jurisdictions with strict consent and disclosure requirements, and that certain outreach practices lawful in one jurisdiction may be unlawful in another. You are responsible for determining the requirements applicable to your recipients and for configuring and using the Service accordingly. SnackSafe provides tools, not legal advice, and nothing in the Service constitutes advice that any particular message, recipient, or campaign is lawful.

SnackSafe is not responsible or liable for your messages, your targeting decisions, your compliance or noncompliance with law, or any consequence arising from your outreach, including deliverability outcomes, blocklisting, complaints, investigations, claims, or penalties. You assume all such risk, and your indemnification obligations under these Terms extend fully to it.

8. Data Accuracy Disclaimer

Contact data, company data, enrichment results, email-verification results, visitor-identification results, and other data made available through the Service are assembled, inferred, or obtained from public sources and from third-party and licensed data providers, and are provided on an as-is basis. Such data may be incomplete, out of date, inaccurate, misattributed, or otherwise unreliable, and identifications (including anonymous-visitor identifications) are probabilistic and may be wrong.

SnackSafe does not guarantee and makes no representation or warranty as to the accuracy, completeness, currency, reliability, deliverability, or fitness for any purpose of any data provided through the Service, and does not warrant that any email address is valid, deliverable, or associated with the named individual, or that any individual holds the role indicated. You are responsible for independently verifying data before relying on it and for using it in compliance with applicable law and the applicable data provider's terms.

Artificial-intelligence-generated content, including drafted messages and research summaries, may contain errors, omissions, or fabricated details and must be reviewed by you before use. You are responsible for all content you send, whether or not it was generated or suggested by the Service.

9. Third-Party Services

The Service integrates with and depends on services provided by third parties, including Google (including Gmail and Google OAuth), LinkedIn and Unipile, Slack, Stripe, Amazon Web Services and Bedrock, Anthropic, and various data, email-verification, and enrichment providers (collectively, 'Third-Party Services'). Your access to and use of any Third-Party Service is governed by that provider's own terms, policies, and program requirements, and not by these Terms.

You are responsible for reviewing, accepting, and complying with all terms and policies applicable to each Third-Party Service you use or connect, including the Google API Services User Data Policy and any applicable Gmail or Google program policies, LinkedIn's and Unipile's terms, Slack's terms, and Stripe's terms. Your use of Google connections is subject to the requirement that SnackSafe's use and transfer of information received from Google APIs adhere to the Google API Services User Data Policy, including its Limited Use requirements, and your use must likewise conform to those policies.

SnackSafe does not control and is not responsible or liable for Third-Party Services, including their availability, accuracy, security, or practices, or for any change, suspension, deprecation, or termination of any Third-Party Service or of your access to it. A Third-Party Service may modify, limit, or discontinue its integration or your access at any time, which may impair or disable related features of the Service, and SnackSafe will have no liability to you as a result. Your dealings with any Third-Party Service are solely between you and that provider.

10. Intellectual Property; Licenses

As between you and SnackSafe, SnackSafe and its licensors own and retain all right, title, and interest in and to the Service, including all software, technology, models, algorithms, user interfaces, designs, documentation, trademarks, and all aggregate, derived, de-identified, and statistical data generated by or through the Service, together with all intellectual property rights therein. Except for the limited license expressly granted below, no rights are granted to you by implication, estoppel, or otherwise.

Subject to your compliance with these Terms and payment of applicable fees, SnackSafe grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service during your subscription term solely for your internal business purposes. This license terminates automatically upon expiration or termination of your subscription or of these Terms.

As between you and SnackSafe, you retain all right, title, and interest in and to the content, data, and materials you submit to or generate through the Service that are owned by you ('Your Content'). You grant SnackSafe a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, modify, process, transmit, display, and otherwise use Your Content as necessary to operate, maintain, secure, improve, and provide the Service and related services, to comply with law, and to enforce these Terms. You represent and warrant that you have all rights necessary to grant this license and that Your Content and its use by SnackSafe as permitted here do not violate these Terms, applicable law, or the rights of any third party.

If you provide SnackSafe with any suggestions, ideas, enhancement requests, feedback, or recommendations regarding the Service ('Feedback'), you grant SnackSafe a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, transferable, and sublicensable license to use, reproduce, modify, and exploit the Feedback for any purpose, without any obligation, attribution, or compensation to you.

11. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, INCLUDING ALL SOFTWARE, DATA, CONTENT, AND ARTIFICIAL-INTELLIGENCE OUTPUTS, IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. SNACKSAFE, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

WITHOUT LIMITING THE FOREGOING, SNACKSAFE MAKES NO WARRANTY AND ASSUMES NO RESPONSIBILITY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, OR PRODUCE ANY PARTICULAR RESULT, INCLUDING ANY LEVEL OF DELIVERABILITY, REPLIES, MEETINGS, LEADS, REVENUE, OR OTHER OUTCOME. SNACKSAFE MAKES NO WARRANTY REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR LAWFULNESS OF ANY DATA, CONTACT INFORMATION, IDENTIFICATION, OR ARTIFICIAL-INTELLIGENCE OUTPUT PROVIDED THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SNACKSAFE OR THROUGH THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT CASE, SUCH WARRANTIES ARE LIMITED TO THE MINIMUM SCOPE AND DURATION PERMITTED BY APPLICABLE LAW.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SNACKSAFE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT SNACKSAFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF SNACKSAFE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU ACTUALLY PAID TO SNACKSAFE FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (US$100).

THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY AND REFLECT AN AGREED ALLOCATION OF RISK BETWEEN YOU AND SNACKSAFE THAT FORMS AN ESSENTIAL BASIS OF THE BARGAIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU; IN SUCH CASE OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

13. Indemnification

You agree to defend, indemnify, and hold harmless SnackSafe Inc. and its officers, directors, employees, agents, licensors, and suppliers (collectively, the 'Indemnified Parties') from and against any and all claims, demands, actions, investigations, proceedings, liabilities, damages, judgments, awards, settlements, losses, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or relating to: (a) your access to or use of the Service; (b) Your Content and your outbound messages, sequences, targeting, and campaigns; (c) your violation of these Terms or of any applicable law or regulation, including any anti-spam, telemarketing, privacy, or data-protection law; (d) your collection, use, disclosure, or processing of any contact or personal data; (e) your infringement, misappropriation, or violation of the intellectual property, privacy, publicity, contractual, or other rights of any third party, or your misuse of any data or Third-Party Service; and (f) any dispute between you and any recipient, data subject, or third party.

SnackSafe reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with SnackSafe's defense of that claim. You may not settle any claim in a manner that imposes any obligation or admission on any Indemnified Party without that party's prior written consent. This indemnification obligation survives termination of these Terms and your use of the Service.

14. Suspension and Termination

We may suspend, restrict, throttle, or terminate your access to all or any part of the Service, and may disable or delete your account, at any time and in our sole discretion, with or without notice and with or without cause, including if we believe that you have violated these Terms or applicable law, that your use generates abuse complaints, spam reports, blocklisting, or deliverability or reputational harm, that your use poses a security, legal, or operational risk, or that suspension or termination is necessary to protect SnackSafe, other users, or third parties. Suspension or termination for any such reason will not entitle you to any refund.

You may terminate these Terms at any time by canceling your subscription and ceasing all use of the Service. Termination does not relieve you of any obligation to pay fees accrued or payable prior to termination.

Upon termination, your right to access and use the Service immediately ceases, and we may delete or deactivate your account and Your Content, subject to our data-retention practices and legal obligations. We will have no liability to you or any third party for any suspension or termination of your access or for the deletion of Your Content. The provisions of these Terms that by their nature should survive termination will survive.

15. Binding Arbitration; Class Action and Jury Trial Waivers; Limitations Period

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND SNACKSAFE TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE WAYS IN WHICH YOU CAN SEEK RELIEF. Except for the limited exceptions below, you and SnackSafe agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved exclusively by final and binding arbitration, rather than in court.

The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and, where applicable, its Consumer Arbitration Rules, as modified by these Terms. The arbitration will be seated in Delaware, and any in-person hearing, if required, will take place there, subject to the arbitrator's authority to permit remote or documents-only proceedings. The arbitrator has exclusive authority to resolve all disputes, including any dispute about the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court of competent jurisdiction will decide any dispute regarding the enforceability of the class action waiver below. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction. This arbitration agreement is governed by the Federal Arbitration Act.

CLASS ACTION WAIVER. YOU AND SNACKSAFE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF MORE THAN ONE PERSON AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, AND MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON THAT PARTY'S INDIVIDUAL CLAIM. IF THIS CLASS ACTION WAIVER IS FOUND UNENFORCEABLE AS TO A PARTICULAR CLAIM, THAT CLAIM WILL BE SEVERED AND MAY PROCEED IN COURT, BUT THE REMAINDER OF THIS ARBITRATION AGREEMENT WILL REMAIN IN EFFECT.

JURY TRIAL WAIVER. TO THE EXTENT ANY DISPUTE IS PERMITTED TO PROCEED IN COURT NOTWITHSTANDING THIS SECTION, YOU AND SNACKSAFE EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY.

Notwithstanding the foregoing, either party may bring an individual action in small-claims court for disputes within that court's jurisdiction, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information. LIMITATIONS PERIOD. YOU AND SNACKSAFE AGREE THAT ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

16. Governing Law and Venue

These Terms and any dispute arising out of or relating to them or the Service are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Subject to the mandatory arbitration provisions above, to the extent any dispute is permitted to be brought in court, you and SnackSafe agree that the exclusive jurisdiction and venue for such dispute lie in the state and federal courts located in Delaware, and each party consents to the personal jurisdiction of, and waives any objection to venue in, those courts.

17. Force Majeure

SnackSafe will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations that is caused by events or circumstances beyond its reasonable control, including acts of God, natural disasters, epidemics or pandemics, war, terrorism, civil unrest, labor disputes, governmental actions, changes in law, failures or interruptions of the internet, hosting, telecommunications, utilities, or Third-Party Services, cyberattacks, denial-of-service attacks, and outages of AWS, Bedrock, Stripe, Google, LinkedIn, Unipile, Slack, or any data or enrichment provider. During any such event, SnackSafe's affected obligations are suspended for the duration of the event.

18. Assignment

You may not assign, delegate, or transfer these Terms or any of your rights or obligations under them, in whole or in part, by operation of law or otherwise, without SnackSafe's prior written consent, and any attempted assignment in violation of this section is null and void. SnackSafe may freely assign, delegate, or transfer these Terms and any of its rights and obligations under them, in whole or in part, without your consent, including in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law. These Terms bind and inure to the benefit of the parties and their permitted successors and assigns.

19. Severability, No Waiver, and Entire Agreement

If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, it will be severed, and the remaining provisions will continue in full force and effect.

No failure or delay by SnackSafe in exercising any right, power, or remedy under these Terms will operate as a waiver of it, nor will any single or partial exercise preclude any further exercise. No waiver by SnackSafe of any breach or default will be deemed a waiver of any subsequent breach or default, and any waiver must be in writing and signed by an authorized representative of SnackSafe to be effective.

These Terms, together with the Privacy Policy and any order forms, plan terms, or supplemental terms expressly incorporated by reference, constitute the entire agreement between you and SnackSafe regarding the Service and supersede all prior or contemporaneous understandings, agreements, representations, and communications, whether written or oral, regarding the subject matter. You have not relied on any statement, representation, or warranty not expressly set forth in these Terms.

20. Notices and Consent to Electronic Communications

You consent to receive communications from SnackSafe in electronic form, including by email to the address associated with your account and by notices posted within the Service, and you agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing. You may withdraw consent to receive non-transactional electronic communications, but doing so may prevent you from using certain features of the Service.

Notices to SnackSafe must be sent to SnackSafe Inc., 251 Little Falls Drive, Wilmington, DE 19808, USA, or by email to support@99dots.ai. You may also contact us by telephone at (415) 510-9335. Notices to you will be sent to the email address or account associated with your account and are deemed given when sent.

21. Export Controls and Sanctions Compliance

You agree to comply with all applicable United States and other export control, economic sanctions, and anti-boycott laws and regulations, including those administered by the U.S. Department of Commerce and the U.S. Department of the Treasury's Office of Foreign Assets Control. You represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S. sanctions, and that you are not identified on any restricted-party, denied-party, or sanctions list.

You agree not to access, use, export, re-export, or transfer the Service, or use it to send messages or process data, in violation of any such law, or for any prohibited end use, and not to permit any sanctioned or restricted person to access or benefit from the Service. This provision survives termination of these Terms.

22. Changes to These Terms

We may modify these Terms at any time in our sole discretion. When we make material changes, we will take reasonable steps to notify you, such as by posting the updated Terms within the Service or on our website with a revised 'updated' date, or by sending notice to the email associated with your account. Changes are effective as of the date indicated.

Your continued access to or use of the Service after the effective date of any updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Service and, if applicable, cancel your subscription. It is your responsibility to review these Terms periodically.

23. Survival

The provisions of these Terms that by their nature should survive expiration or termination will survive, including without limitation the sections concerning fees and no refunds (as to amounts accrued), your compliance responsibilities, data accuracy, intellectual property and licenses (including the feedback license), disclaimer of warranties, limitation of liability, indemnification, binding arbitration and the class action, jury trial, and limitations-period provisions, governing law and venue, and the general provisions, together with any other provision that must survive to give effect to its intent.