Psychic Cloud™ Terms of Use

Welcome to Psychic Cloud™! Psychic Cloud is a platform to bring together a community of psychic advisors and people seeking psychic advice, providing opportunities to connect with one another in new ways.

By accessing or using this application in any manner, including, but not limited to, visiting or browsing this application or contributing content or other materials to this application, you agree to be bound by and have accepted these Terms of Use, which govern your use of this application and our service. In addition, you have agreed to be bound by and have accepted the Privacy Policy relating to the application and the service, which may be accessed here.

By using this application, you (a) acknowledge that you have read, understand, and expressly agree to be legally bound by these Terms of Use (including our privacy policy (“Privacy Policy”)), (b) agree to follow these Terms of Use and all applicable laws and regulations governing our application, (c) represent and warrant that you are at least 18 years old, are a resident of the United States or lawfully consent to U.S. jurisdiction for all purposes on application as if a resident, and have the right, authority, and capacity to enter into these Terms of Use (either on behalf of yourself or the entity you represent if you are using this Site on behalf of an entity). If you do not agree with the foregoing, you are not authorized to use the application or the services.

As used in these Terms of Use, “Psychic Cloud", "our service" or "the service" means the personalized service provided by this application, including all features and functionalities, recommendations and reviews, and user interfaces, as well as all content and software associated with our service.

YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 9 TO RESOLVE ANY DISPUTES WITH PSYCHIC CLOUD (INCLUDING THE OWNER OF THIS APPLICATION, BARON INNOVATION GROUP LLC AND ALL OF ITS AFFILIATES AND ITS AND ITS AFFILIATES’ MEMBERS, MANAGERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES AND INDEPENDENT CONTRACTORS), EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT.

FOR ENTERTAINMENT ONLY

THE SERVICE IS PROVIDED BY PSYCHIC CLOUD, WHICH IS OWNED BY BARON INNOVATION GROUP, LLC, FOR ENTERTAINMENT PURPOSES ONLY. YOU MUST BE 18 YEARS OF AGE OR OLDER TO USE THE SERVICE. AT PSYCHIC CLOUD WE WANT YOU TO ENJOY AND BENEFIT FROM YOUR USE OF THE SERVICE. HOWEVER, ANY INFORMATION PROVIDED TO YOU BY ANY PSYCHIC ADVISORS OR ANY OTHER USERS OF THE SERVICE SHOULD NOT BE USED IN PLACE OF ANY RECOMMENDATIONS BY MEDICAL, LEGAL, OR FINANCIAL PROFESSIONALS OR OTHER PROFESSIONAL COUNSELORS. IT IS YOUR RESPONSIBILITY TO EVALUATE ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH PSYCHIC CLOUD.

1. The Service

1.1. You must be at least 18 years of age to use the application and the services. The application and service are for your personal and non-commercial use and may not be shared with others.

1.2. The service provided by the application allows you to communicate with other users of the service and/or with psychic advisors on the service. The application allows for this to take place in a number of ways, including chats and calls between users of the service, group events, public postings, comments on public postings, and both paid and free psychic readings through audio or video calls or chats. Some aspects of the service are available to all users of the application, while others are limited to users who have created an account and/or paid for services through the application.

1.3. The services, including whether an account and/or payment is required to access them, are more fully described in the application and are subject to change at any time in our sole discretion.

1.4. You agree to use the service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized in these Terms of Use, you agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the service. You also agree not to use any robot, spider, scraper or other automated means to access the service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the service; insert any code or product or manipulate the content of the service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.

1.5. You acknowledge and agree that you use the service at your own risk and that we make no representation or warranty with respect to the quality of psychic readings offered on the application. Particularly with respect to free psychic readings, you understand that psychic advisors providing free readings may not have been subject to a background check by us or otherwise vetted by us and that we make no representation or warranty as to their abilities or the quality of the service they provide. In the event that you are dissatisfied with a reading or believe that an advisor has acted inappropriately in any way, we ask that you terminate the conversation immediately and report it to us by using the report feature withing the application or by writing to us at support@psychiccloud.app.

1.6. Your use of the application and services may be monitored by us, and this includes recoding of calls and retention of chat transcripts for quality assurance and compliance purposes, and is subject to our Privacy Policy.

2. Restrictions; Compliance with Laws.

Your right to use the application and the services is personal to you. You are solely responsible for the contents of your transmissions through the application and your use of the services is subject to all applicable local, state, national and international laws and regulations. By using the application or the services, you agree

2.1. not to use the application or the services for illegal purposes;

2.2. not to interfere with or disrupt networks connected to the application;

2.3. to comply with all applicable regulations, laws, statutes, etc., regarding your use of the services, including, but not limited to, laws and regulations relating to the use of the application or services to send electronic mail;

2.4. not to use the application or the services to send chain mail, junk mail, spamming or any use of distribution lists to any person who has not given specific permission for such use;

2.5. not to use the application or services for the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, or obscene material or communication of any kind or any nature;

2.6. not to interfere with any other user’s access to or use of the application or the services.

2.7. not to record or use any audio recording or retention devices/technology without the express written consent of Baron Innovation Group, LLC.

2.8. not to speak or act in a manner that is deemed by another user, including by a psychic advisor, to be inappropriate, abusive, or threatening.

Psychic Cloud reserves the right, in its sole discretion, to immediately terminate your access to and use of the application or the services without right to refund, for any violation of these Terms of Use. Important Note: It is a violation of our Terms of Use for you to be in direct contact with any of our psychic advisors outside of the application or to ask any of our psychic advisors for their direct contact information – if you do so in violation of these terms, Baron Innovation Group LLC bears no liability for any resulting actions, and your ability to use the application and the services may be revoked. Any such activities in violation of our Terms of Use, may be reported to Baron Innovation Group LLC by our psychic advisors and any such reports shall not be deemed a violation of our Privacy Policy.

3. Account Creation; Paid Services

3.1. If you decide to create an account, you agree to provide accurate information as requested at the time your account is created through the application. You agree that your personal data will be processed and stored in accordance with our Privacy Policy.

3.2. If you decide to pay for services provided by the application, such payment will be made through the application as further described in the application. You agree to only use a valid payment method that you are authorized to use. In the event that the application offers any subscription services and you decide to subscribe, your subscription will continue and automatically renew at the intervals stated in the application until terminate your subscription as provided in the application. You must cancel any subscription before it renews in order to avoid billing of the subscription fees for the next billing cycle.

3.3. From time to time, the application may permit you to indicate that you would like to become a psychic advisor through the application. We are under no obligation to permit anyone to become a psychic advisor through the application, and if we determine in our sole discretion to permit you to become a psychic advisor through the application, your usage of the application in connection with the provision of psychic services, and your provision of psychic services, will be governed by a separate agreement or terms and conditions entered into between you and us with respect thereto.

4. Promotional Offers.

We may from time to time offer special promotional offers, plans or memberships (“Offers”). Offer eligibility is determined by us at our sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible. We may use information such as device ID, method of payment or an account email address used to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.

5. Billing and Cancellation

5.1. No Refunds. Payments are nonrefundable and there are no refunds or credits. Following any cancellation of any subscription plan that may be offered and subscribed to by you, however, you will continue to have access to such subscription through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

5.2. Cancellation. In the event that we offer a subscription service to you and you subscribe to it, you can cancel your subscription at any time, and you will continue to have access to the subscription service through the end of your billing period. To cancel, follow the instructions in the application or through the App Store.

6. Passwords and Account Access.

You are responsible for any activity that occurs through your account. To maintain control over your account and prevent anyone from accessing it (which could include chat transcripts and information on audio and video calls you have had with advisors), you should maintain control over devices that are used to access the service and not reveal the password or details of the payment method associated to the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, us or our partners or affiliates from identity theft or other fraudulent activity. We are not obligated to credit or discount a subscription or offer refunds for holds placed on the account by either our representative or our automated processes.

7. Intellectual Property; Your Submissions.

7.1. The application and its original content, features and functionality are owned by Baron Innovation Group LLC and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

7.2. You acknowledge that you are responsible for any submission you make (“Submissions”), including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute, or otherwise publish through the application any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. Submissions shall be deemed to be non-confidential and non-proprietary. Psychic Cloud shall have no obligation of any kind with respect to such Submissions and shall be free to reproduce, use, disclose, modify, display and distribute the Submissions to others without limitation. By transmitting such Submissions to Psychic Cloud and the application, you automatically grant to Baron Innovation Group LLC a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license (with rights to sublicense) to use, reproduce, modify, adapt, publish, translate, edit and distribute such Submissions (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such Submissions. You also permit any other user of Psychic Cloud to access, view, store or reproduce the Submissions for that user’s personal use. Without limiting the generality of the foregoing license, if you send Submissions consisting of “testimonial” e-mails, you acknowledge that you grant Baron Innovation Group, Inc. the right to publicly display all or a part of such Submission on the application, any application store or in any other format or media at any time. Please note that Psychic Cloud does not want to receive Submissions containing confidential information from you and any Submissions received will be deemed NOT to be confidential. For purposes of this paragraph, “Submissions” shall not include personally identifiable information, which shall be treated by Psychic Cloud in accordance with our Privacy Policy. This application (including, without limitation, text, photographs, graphics, video and audio content) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and Baron Innovation Group LLC, its subsidiaries and affiliates (subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements) have rights therein. All individual articles, videos, content and other elements comprising this Web Site are also copyrighted works, and Baron Innovation Group LLC, its subsidiaries and affiliates (subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements) have rights therein. You must abide by all additional copyright notices or restrictions contained in this application. By posting or submitting content on or to the application (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving Baron Innovation Group LLC, and its affiliates, agents and third party contractors the right to display or publish such content on the application and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work, in our sole discretion), to store such content, and to distribute such content and use such content for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to the application made by you from time to time, you understand and agree that (unless you and we agree otherwise) we may, or may permit users to, based solely on functionality provided and enabled by the application, compile, re-edit, adapt or modify your Submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other Submissions, and (unless you and we agree otherwise) you shall have no rights with respect thereto and Baron Innovation Group LLC, its affiliates or its licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period. You shall be solely responsible for your own Submissions and the consequences of posting or publishing them. In connection with each of your Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Baron Innovation Group LLC, its affiliates and subsidiaries to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Submissions to enable inclusion and use of such Submissions in the manner contemplated by us and these Terms and Conditions; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in such Submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such Submissions in the manner contemplated by Baron Innovation Group LLC and these Terms and Conditions. In furtherance of the foregoing, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Baron Innovation Group LLC all of the rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Baron Innovation Group LLC, this application, the service or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) post advertisements or solicitations of business. We reserve the right to edit, remove or not publish Submissions without prior notice. If you are a copyright owner or agent thereof and believe that any Submission infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to support@psychiccloud.app with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the location containing the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

8. General Disclaimers; Disclaimers of Warranties and Limitations on Liability

8.1. NO PROFESSIONAL ADVICE. INFORMATION PROVIDED THROUGH OUR SERVICE, THORUGH THE APPLICATION AND IN PSYCHIC COULDMATERIALS, INCLUDING BUT NOT LIMITED TO THE INFORMATION PROVIDED IN HOROSCOPES, AUDIO, VIDEO AND CHAT OR E-MAIL CONSULTATIONS, AS WELL AS THE TEXT, GRAPHICS, IMAGES, AND TOOLS POSTED ON VARIOUS PAGES, IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. INFORMATION FROM PSYCHIC CLOUD IS NOT INTENDED TO BE A SUBSTITUTE FOR ANY PROFESSIONAL ADVICE, INCLUDING BUT NOT LIMITED TO (A) PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT OR (B) PROFESSIONAL FINANCIAL OR INVESTMENT ADVICE OR GUIDANCE, OR (C) PROFESSIONAL LEGAL ADVICE. NEVER DISREGARD OR DELAY SEEKING PROFESSIONAL MEDICAL ADVICE OR OTHER PROFESSIONAL ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON APPLICATION OR INFORMATION RECEIVED THROUGH OUR SERVICES. PSYCHIC CLOUD IS NOT ENGAGED IN THE PRACTICE OF MEDICINE OR LAW OR ACCOUNTANCY OR FINANCIAL PLANNING AND DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC PRODUCTS, PROCEDURES, TREATMENTS, MEDICATIONS, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED, DISCUSSED, OR DESCRIBED ON THE APPLICATION OR IN PSYCHIC CLOUD MATERIALS OR THROUGH OUR SERVICES. PSYCHIC CLOUD IS NOT ENGAGED IN THE BUSINSS OF PROVIDING FINANCIAL OR INVESTMENT ADVICE AND ITS EMPLOYEES OR CONTRACTORS ARE NOT REGISTERED ADVISORS. YOUR RELIANCE ON THE INFORMATION PROVIDED BY PSYCHIC CLOULD, BY A PSYCHIC CLOUD EMPLOYEE OR CONTRACTOR, BY A THIRD-PARTY MODERATOR, BY PSYCHIC CLOUD SPONSORS OR BY OTHER USERS OF THE PSYCHIC CLOUD APPLICATIONS OR SERVICES IS SOLELY AT YOUR OWN ELECTION OR CHOICE AND RISK. ANY AND ALL DECISIONS THAT YOU MAKE THAT ARE BASED IN WHOLE OR IN PART UPON INFORMATION PROVIDED BY PSYCHIC CLOUD, ITS EMPLOYEES, CONTRACTORS, OTHER USERS OR ITS SPONSORS OR OTHERWISE ON THE APPLICATION WILL BE YOUR SOLE AND EXCLUSIVE RESPONSIBILITY AND AT YOUR OWN RISK.

8.2. GENERAL DISCLAIMER. THE INFORMATION PROVIDED ON, FROM OR THROUGH PSYCHIC CLOUD, ITS SERVICES AND THE APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT). THE APPLICATION AND RELATED INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. PSYCHIC CLOUD AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE APPLICATION AND SERVICES AND ANY SUCH INFORMATION OR SERVICE. IN PARTICULAR, AND WITHOUT LIMITATION, PSYCHIC CLOUD AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE DISCLAIMER OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN PSYCHIC CLOUD AND YOU. THE APPLICATION AND THE INFORMATION AND SERVICES PROVIDED THEREIN WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PSYCHIC CLOUD THROUGH THE APPLICATION OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS OF USE. PSYCHIC CLOUD MAKES NO WARRANTY OR REPRESENTATION THAT AVAILABILITY OR USE OF THE APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER BARON INNOVATION GROUP LLC NOR ANY OF ITS AFFILIATES HAS ANY RESPONSIBILITY OR OBLIGATION TO NOTIFY YOU OF YOUR ACCUMULATED CHARGES OR OTHER EXPENSES WITH US. THE AMOUNT YOU SPEND FOR PAID SERVICES THROUGH THE APPLICATION WILL BE REFLECTED IN YOUR CHARGES AND IS SOLELY AT YOUR OWN ELECTION OR CHOICE. BARON INNOVATION GROUP LLC, DOES NOT MONITOR USAGE PATTERNS AND IS UNDER NO OBLIGATION TO ANY CUSTOMER TO TAKE ANY ACTION OR TO REFRAIN FROM TAKING ANY ACTION WITH RESPECT TO USAGE OF APPLICATION OR SERVICES.

8.3. THIRD-PARTY INFORMATION. Any articles, press clippings or other third-party publications (collectively, “Publications”) made available through the application are furnished by Psychic Cloud or other Psychic Cloud users for your convenience and entertainment. Psychic Cloud is a distributor (and not a publisher) of content supplied by third parties (including users). Any opinions, advice, statements, services, offers or other information made available by third parties, including psychics, information providers or any user of the application, are those of the respective author(s) or publisher(s) and not of Psychic Cloud or its affiliates. PSYCHIC CLOUD DISCLAIMS ANY REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.

8.4. LINKS TO SPONSORS AND OTHER THIRD PARTY SITES. Certain links on the application may let you leave the application. These linked sites, for example those of our sponsors, are not under the control of Psychic Cloud, and Psychic Cloud is not responsible for the contents of any linked site or any link contained in a linked site. These links are provided for your convenience, and the inclusion of any link does not imply a recommendation or endorsement by Psychic Cloud of any such linked site or the products therein.

8.5. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL BARON INNOVATION GROUP LLC, OR ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR MEMBERS, SHAREHOLDERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND.

NOTWITHSTANDING THE ANYTHING TO THE CONTRARY, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED IN ANY WAY TO OUR RELATIONSHIP WITH YOU (INCLUDING OUR PRODUCTS, SERVICES, OR APPLICATION CONTENT), OR THIRD-PARTY MATERIALS OR WEB SITES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID TO US FOR THE APPLICABLE TRANSACTION GIVING RISE TO THE LIABILITY, OR, IF THERE IS NO PAID TRANSACTION RELATED TO THE LIABILITY, THE LESSER OF THE AMOUNTS PAID BY YOU TO US IN THE PRIOR TWELVE (12) MONTHS AND TWENTY-FIVE DOLLARS ($25).

8.6 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

8.7 NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

9. Arbitration Agreement

9.1. You and we agree that any dispute, claim or controversy arising out of or relating in any way to the application or the service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the closure of your account and/or termination of any subscription.

9.2. If you elect to seek arbitration or file a small claim court action, you must first send to us, by certified mail, a written Notice of your claim ("Notice"). The Notice to us must be addressed to: General Counsel, Baron Innovation Group LLC, 1000 Northbrook Blvd, Trevose, PA 19053 ("Notice Address"). If we initiate arbitration, we will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If we and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding or file a claim in small claims court.

9.3. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after we receive notice at the Notice Address that you have commenced arbitration, we will reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees.

9.4. The arbitration will be governed by the Consumer Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless we and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence, or if your residence is outside the United States, in Bucks County, Pennsylvania, USA. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law.

9.5. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.

9.6. YOU AND WE 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 OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. Under such circumstances, you expressly acknowledge and agree that: (i) all disputes shall be governed in all respects by the laws of the Commonwealth of Pennsylvania as they apply to agreements entered into and to be performed entirely within Pennsylvania between Pennsylvania residents, without regard to conflict of law provisions; (ii) all disputes shall be resolved by a state or federal court located in the county of Bucks, Pennsylvania; and (iii) you will submit to the personal jurisdiction of such Pennsylvania state or federal courts for the purposes of litigating such disputes.

10. Miscellaneous

10.1 Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.

10.2. Feedback. We are free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the the service, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.

10.3. Customer Support. To find more information about our service and its features, or if you need assistance with your account, you may request support by contacting us from within the application or by sending us an email at support@psychiccloud.app. In the event of any conflict between these Terms of Use and information provided by Customer Service or other portions of our website, these Terms of Use will control.

10.4. Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

10.5. Changes to Terms of Use and Assignment. We may, from time to time, change these Terms of Use. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting. We may assign our agreement with you to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the applicable service.

10.6. Users outside the United States. We make no representations that the application or services are appropriate for access outside the United States. Those who choose to access the application or services from outside the United States do so on their own initiative and are responsible for compliance with local laws. If any provision within the Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.

10.7. Communication Preferences. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.