Last Updated: 5 February 2026
Thank you for using the ai.com Assistant (the "App"), an AI-powered personal assistant. These Terms and Conditions of Use ("Terms") apply to your use of the App, including our websites, applications, AI‑powered agents, related features and any integrations, skills, or marketplace offerings we make available from time to time (collectively "Services"). The Services may perform tasks and take actions that you authorize, including via third‑party integrations that you enable.
These Terms form an agreement between you and Mentat Forge, Inc., a Nevada corporation (together with its affiliates "ai.com", "we", "us", or "our", as the context dictates), which is the provider of the Services, and they include important provisions for resolving disputes through arbitration. You and we are collectively the "Parties" and each a "Party".
Territory; Consumer Law. The Services are offered globally, subject to applicable law, export controls and sanctions. These Terms are intended to apply to users worldwide. Nothing in these Terms excludes or limits any mandatory consumer rights in your place of residence that cannot be excluded by agreement. If a provision of these Terms is unenforceable for a specific consumer jurisdiction, the remainder of the Terms will continue to apply.
Our Privacy Policy explains how we collect and use personal information and can be found at: https://ai.com/privacy/notice.
By using our Services, you agree to these Terms. These Terms supersede and override all prior terms and conditions and agreements pertaining to your use of the Services. You acknowledge and agree that you have fully read and understood these Terms and our Privacy Policy prior to using any Services.
The App and related Services form an AI-powered personal assistant designed to integrate with various digital accounts, apps, and device functionalities, such as email, calendar, contacts, messaging apps, financial accounts, e-commerce accounts, transportation and travel-related accounts, lifestyle apps and others. Based on the permissions you grant to the Services and the instructions you provide to your AI personal assistant, the App is capable of performing and automating certain tasks, summarizing information, and providing personalized feedback, recommendations, insight and actions. The App's capabilities are intended to adapt and improve over time through learning from your interactions, your preferences, the information and permissions you provide. All data relating to your personal assistant, conversation history, and files are encrypted and kept private.
The Services include and depend in part on third-party software, products, or services ("Third-Party Services"), and some parts of the Services may include output from such Third-Party Services ("Third-Party Output"). Third-Party Services and Third-Party Output are subject to their own terms, and we are not responsible for them.
Subject to your continuing compliance with these Terms at all times, we grant to you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license to use the App and Services insofar as owned by or licensed through us. All other rights not expressly granted to you are reserved. Any failure by you to comply with these Terms automatically results in the revocation of all licenses hereby granted.
Certain features interoperate with third-party products or services ("Third-Party Services"). Third-Party Services are governed by their own terms, which you must accept to enable them. By enabling a Third-Party Service, you authorize us to share data as reasonably necessary for interoperability. We do not control and are not responsible for Third-Party Services, their content, actions or omissions. Marketplace listings may be offered by third parties; your recourse for third-party offerings is solely against the applicable provider.
From time to time we may offer features labelled as alpha, beta, preview or experimental ("Beta Features"). Beta Features are provided "as is", may be changed or withdrawn at any time, may not meet the same security or compliance standards as the Services, and, notwithstanding Section 8 below, are subject to a maximum liability cap of USD $50.
We reserve the right, in our sole discretion, for any reason, and without incurring any liability to you, to:
The Services are available to you only if you meet all of the following eligibility criteria (the "Eligibility Criteria"):
If you do not meet each and all of the Eligibility Criteria, then immediately discontinue using our Services. Each time you access and use the Services, you are affirming that you meet and continue to meet all of the Eligibility Criteria.
Third-Party Services and Third-Party Output are subject to their own terms, and we are not responsible for them. Such Third-Party Services and Third-party Output may have additional eligibility criteria and you remain solely responsible for meeting and maintaining compliance with such criteria.
By using the Services, you represent and warrant that: (1) all registration information you submit are true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity to agree to these Terms and you agree to comply with these Terms; (4) you meet all the Eligibility Criteria; (5) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Services for any illegal, immoral, fraudulent, or unauthorized purpose or otherwise engage in any Prohibited Activities (as defined below); and (7) your use of the Services will not violate any applicable laws.
You may not access or use the Services for any purpose other than that for which we make the Services available. Specifically, you agree not to use the Services (including but not limited to creating, repurposing, using, or distributing any Output) to engage, aid, transact, or otherwise participate in any of the following activities (the "Prohibited Activities"), directly or indirectly, in whole or in part, for yourself or for others:
Notwithstanding any other terms in this document, we will assume that any and all activity and/or input originating from an Account has been made by the rightful owner. You are solely responsible and liable for keeping your Account safe and maintain adequate security, access and control of your authentication details and shall likewise be solely responsible for any Input, access to and use of the Services, notwithstanding that such Input, access and/or use may have been effected without your knowledge, authority or consent. We will not be liable to you for any loss or damage resulting from such access and/or use.
You may provide input to the Services ("Input") and receive output from the Services based (in whole or in part) on the Input provided ("Output"). Input and Output are collectively known as "Content". You are responsible for your Input, including ensuring that it does not violate any applicable law or these Terms such as a request for the App to generate Output that is contrary to any of our Terms.
The Output from the App is generated in part using third-party large language models, which may have been developed and published by an individual company or community of developers and researchers, who contribute to the model's development and improvement. We do not control, direct, or endorse the content generated by these models, and we are not responsible for the accuracy, completeness, or suitability for any purpose of any Output. The Services are merely a conduit for access to these models, and any Output is the sole responsibility of the third-party model developers and the users who interact with them, including you. By using the Services, you acknowledge that the Services are not responsible for the content generated by such third-party models, and that you use such content at your own risk.
From time to time the Services may invite you to chat and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast Content and materials to us or to third-party services and platforms, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material ("Public Content"). Public Content may be viewable by third parties and through third-party websites, depending on your selections, instructions, and actions. As such, you acknowledge and agree that all Public Content shall be treated as non-confidential and non-proprietary.
You represent and warrant that:
Large language models and generative artificial intelligence generally are rapidly evolving and are not truth machines. Given the probabilistic nature of machine learning and use of such models to fulfill Output requests, use of our Services may result in Output that does not accurately reflect real people, places, or facts. You should not rely on the Output as a sole source of truth or factual information. When you use our Services you understand and agree that the Output may not always be accurate. You should always evaluate Output for accuracy and appropriateness for your use case, including using human review, before using or sharing Output for any purpose.
Our Services may provide incomplete, incorrect, or offensive Output that does not represent our views or the views of any of our employees, officers, owners, or representatives. If Output references any third-party products or services, it doesn't mean the third party endorses or is affiliated with us or our Services.
The App provides functionality for you to record your screen and audio (the "Screen Recordings") while using the Services. You acknowledge and understand that Screen Recordings may capture everything on your screen and all audio output by your device, which may include personal, sensitive, and/or confidential information. By taking Screen Recordings, you authorize us to record the entirety of your screen and audio output, including all the information that may be visible on or otherwise discernible from your screen, for the duration of each recording.
You acknowledge and agree that we may not be able to, and we have no obligation to, censor, edit, or obscure any information or any part of your screen or audio output that is captured in a Screen Recording.
You are permitted to save, download, and share your Screen Recordings, including with third parties and on third-party platforms, such as your social media pages.
As between you and us, and to the extent permitted by applicable law, you (a) retain your ownership rights in your Input and (b) own your Output. We hereby assign to you all our right, title, and interest, if any, in and to Output. Due to the nature of our Services and artificial intelligence generally, Output may not be unique and other users may receive similar Output from our Services, even without access to your Inputs. Our assignment of rights in this paragraph does not extend to other users' Output or any other right, title, or interest in anything else we may hold.
The ai.com trademarks and logos, and any other logos, service marks, product names, and other proprietary indicia used in the App and Services are either our property or the property of third-party licensors who have licensed such rights to us (collectively the "Marks"), and the intellectual property rights in and to the App and Services are also either our property or the property of third-party licensors. As between you and us, we are and will remain the sole and exclusive owner of all right, title, and interest in and to the Marks, App, Services, and all intellectual property related thereto. Other than the license expressly granted to you in these Terms on the terms and conditions stated herein, no other rights are granted to you in respect of the Marks, App, or Services. No part or parts of the App or Services may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, transmitted, adapted, modified to create derivative works, or otherwise used or commercially exploited in any manner or by any means or stored in an information retrieval system without our prior written permission.
Subject to these Terms, you hereby grant us a limited, royalty-free, nonrevocable, fully paid-up, non-exclusive, transferable, and sublicensable license to process the Input you provide to us in any manner as we deem necessary to provide the Services for your benefit or otherwise according to your instructions.
You grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free licence to use, host, copy, modify and otherwise exploit ideas, suggestions and feedback you provide about the Services without restriction or payment.
To the fullest extent permitted by law, you acknowledge and agree that (a) Outputs may be the same as, or similar to, outputs provided to other users or to content created by us or our partners independently, and (b) you have no claim to exclusivity in any Output. You hereby release and forever discharge us, our affiliates, our service providers, and our and their respective directors, officers, employees and agents, and you waive any and all claims, demands and causes of action, whether known or unknown, arising out of or relating to: (i) the generation, provision, display or use by us or others of outputs that are the same as or similar to your Outputs; (ii) our authorized use of your Inputs or Outputs in accordance with these Terms; and (iii) the availability of marketplace listings or Third-Party Services that produce similar functionality or content.
To the extent permitted by applicable law, you irrevocably waive, and agree not to assert, any moral rights or similar rights in your Inputs, Outputs or feedback as against us and our licensees, successors and assigns. You further agree that your sole and exclusive remedy for dissatisfaction with any Output is to cease using the relevant Output or the Services. Nothing in this Section limits your non-waivable consumer rights.
California Civil Code §1542 Waiver (if you are a California resident). You expressly waive the benefits of Section 1542 of the California Civil Code (and any similar law of any jurisdiction), which provides: 'A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.' You understand and acknowledge the significance and consequence of this waiver.
The Services utilize artificial intelligence and agentic capabilities that may autonomously perform actions on your behalf, including but not limited to browsing the internet, executing commands, accessing integrated services (such as email or calendars), and modifying files. You acknowledge and agree that:
Our Services are provided "as is" and "as available" and without any representation or warranty, whether express, implied, or statutory. Except to the extent prohibited by law, we make no warranties (express, implied, statutory or otherwise) with respect to the Services; and except as expressly provided in these Terms, to the fullest extent permitted by applicable law, we hereby disclaim all warranties including, but not limited to, warranties of merchantability, fitness for a particular purpose, satisfactory quality, title, timeliness, quality, non-infringement, and quiet enjoyment, and any warranties arising out of any course of dealing, custom, or usage of trade. We do not warrant that the Services will be uninterrupted, accurate or error free, or that any content will be secure or not lost or altered. You accept and agree that any use of the outputs from our service is at your own sole risk and you will not rely on output as a sole source of truth or factual information, or as a substitute for professional advice.
We take no responsibility for any loss or damage caused by us, the App, or the Services. In no event will we or our directors, officers, employees, owners, representatives, vendors, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Services, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the greater of: (a) the total amount paid by you to us in the twelve (12) months immediately preceding the event giving rise to liability, and (b) one hundred U.S. dollars (USD $100). Certain US state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations in these Terms may not apply to you, and you may have additional rights.
The foregoing limitations shall not apply to: (i) our indemnification obligations under Section 9; (ii) liability arising from our gross negligence, fraud, or willful misconduct; or (iii) liability that cannot be limited under applicable law.
As set forth more fully in Section 10 below, the parties agree that any claims against the other under these Terms may only be brought on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. No court or adjudicator may consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded to any person cannot and may not affect any other person.
You agree to defend, indemnify, and hold harmless, us, our affiliates, and all of our respective directors, officers, owners, agents, partners, employees, advisors, and representatives from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, arising out of or in connection with: (1) your Inputs and any Content derived or generated therefrom; (2) your use of the Services; (3) your breach of these Terms; (4) any breach of your representations and warranties set forth in these Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights, privacy rights, or contract rights; or (6) any harmful act you have committed toward any other person.
We will defend you from third-party claims that your authorized use of the Services (as provided by us and excluding your Inputs, your instructions, Beta Features and Third-Party Services) directly infringes a patent, copyright or trademark, and we will pay final judgments or settlements we approve. If such a claim arises, we may procure rights, modify the Services to avoid infringement, or terminate affected features and refund prepaid unused fees for the terminated portion. This Section states your exclusive remedy for IP infringement.
Please read this Section carefully because it requires you to arbitrate certain disputes and claims and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under these Terms. In addition, arbitration precludes you from suing in court or having a jury trial.
You agree that any dispute with us, including but not limited to disputes arising out of or related to these Terms or our Services, is personal to you and us and that any dispute will be resolved solely through individual action and will not be brought as a class arbitration, class action, or any other type of representative proceeding.
Except for (i) small claims disputes in which you or we seek to bring an individual action in small claims court located in the jurisdiction of your residence, as determined by the records maintained by us for your account or public records reasonably satisfactory to us, or (ii) disputes in which you or we seek injunctive or other equitable relief for the alleged unlawful use of intellectual property, you hereby waive your rights to a jury trial and to have any dispute resolved in court. This agreement to arbitrate disputes includes, but is not limited to, any and all claims for relief and theories of liability between you and us, whether based in contract, tort, fraud, negligence, regulation, or ordinance; claims for relief under any state, federal, or other applicable statutes, including, but not limited to, the federal and any state analogs of the Telephone Consumer Protection Act, state and federal statutes relating to the collection of personal and/or biometric data; claims for common law fraud, misrepresentation, or any other legal or equitable theory arising out of your relationship with us, and/or any interactions between you and us. If there is a final judicial determination that applicable law precludes enforcement of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
For any dispute or claim that you have against us or relating in any way to the Services, you may either proceed directly to arbitration, or you may first contact us and attempt to resolve the claim informally by sending a written notice of your claim ("Notice") to us by certified mail addressed to Mentat Forge, Inc., 112 North Curry Street, Carson City, NV 89703, USA. If you elect to pursue pre-arbitration resolution through the Notice option, the Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. We shall also have the option, but not the requirement, to pursue informal pre-arbitration resolution with you through the Notice process set forth herein. Our notice to you, as and if applicable, will be similar in form to that described above. If you and we cannot reach an agreement to resolve the claim through the Notice process, or if you or we decide to immediately proceed to arbitration without pursuing pre-arbitration resolution through the Notice process, then either Party may submit the dispute to binding arbitration administered by the American Arbitration Association ("AAA"), or, under the limited circumstances set forth in Section 10.2 above, in court. All disputes submitted to AAA will be resolved through confidential, binding arbitration before one arbitrator, unless they qualify for different treatment pursuant to Section 10.4 below. Arbitration proceedings will either be held in Delaware or may be conducted telephonically or via video conference, if you agree. For disputes alleging damages less than $30,000, the dispute will be decided on the basis of the Parties' written submissions, and no final hearing or in person proceedings will be required absent the express consent of both Parties. With respect to disputes of $30,000 or more, AAA shall designate an arbitrator who maintains his or her primary residence in the State of Delaware. The most recent version of the AAA Commercial Arbitration Rules and Mediation Procedures (the "AAA Rules") are available on the AAA website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the AAA Rules or waive your opportunity to read the AAA Rules and waive any claim that the AAA Rules are unfair or should not apply for any reason.
To the extent that multiple arbitrations are filed against us and qualify as "Mass Arbitrations" pursuant to the AAA's Mass Arbitration Supplementary Rules, then such rules shall apply to the applicable arbitration proceeding(s).
You and we agree that these Terms affect interstate commerce and that the enforceability of this Section 10 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. You and we clearly and unmistakably agree that the arbitrator shall have the power to rule on his or her own jurisdiction, the existence, scope, validity, and arbitrability of these Terms, and which rules to apply in the arbitration pursuant to the provisions in this Section 10. This delegation provision shall be deemed a contract entered into under the laws of the State of Delaware and will be governed by the laws of the State of Delaware together with the Federal Arbitration Act.
The arbitrator, we, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
The Parties shall bear their own attorneys' fees in arbitration unless the arbitrator finds that either the substance of the dispute or the relief sought in the request was frivolous or was brought for an improper purpose (as measured by the standards set forth by Delaware law). If you or we need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the Party that obtains an order compelling arbitration in such action shall have the right to collect from the other Party its reasonable attorneys' fees incurred in securing an order compelling arbitration.
You and we agree that for any individual arbitration you initiate, you will pay the filing fee and we will pay the remaining AAA fees and costs, unless otherwise stated. For any Mass Arbitration (see Section 10.4), the Parties' respective responsibilities for AAA fees and costs shall be determined pursuant to the AAA Mass Arbitration Supplementary Rules. You and we agree that the state or federal courts of the State of Delaware and the United States sitting in Delaware have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
The arbitrator shall apply the law of the State of Delaware to all substantive issues in the dispute; provided, however, that in the event that the law of the State of Delaware shall be deemed unenforceable due to the law of the state in which the customer resides, the arbitrator shall apply the law of the state in which the customer resides. Notwithstanding anything herein to the contrary, the arbitrator shall apply the laws of the State of Delaware and the FAA to interpret and enforce these Terms to arbitrate disputes and each of its provisions, including with regard to any issues over acceptance of these Terms to arbitrate disputes. Judgment on the award rendered may be entered by any court of competent jurisdiction.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted these Terms by sending a written opt-out notice via certified mail to Mentat Forge, Inc., 112 North Curry Street, Carson City, NV 89703, USA. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with the applicable terms of this Section 10. You may opt out of arbitration within thirty (30) days of account creation or of any updates to these arbitration terms within thirty (30) days after the update has taken effect by notifying us in writing via email. If you opt out of an update, the last set of agreed upon arbitration terms will apply.
If any portion of this Section 10 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 10 or the Parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 10; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 10 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 10 will remain enforceable.
Notwithstanding anything to the contrary in these Terms, and to the extent not prohibited by law, this Section 10 shall apply to all disputes, whether now existing or hereafter arising, whether related to any matter occurring prior to or after the date you first accepted these Terms, arising from or in connection with your use of the App or Services.
We care about data privacy and security. Please review our Privacy Policy here: https://ai.com/privacy/notice. By using the Services, you acknowledge that you have read and understood our Privacy Policy and that it governs how we will use your data. Our Privacy Policy is hereby incorporated into these Terms by reference.
These Terms may from time to time be updated or amended in our sole discretion. We will post any such updates in the App or on our website. Such updated Terms as posted will take effect immediately unless otherwise indicated. You should regularly check the App and our website to inform yourself of any such changes. In addition, we may at any time change, add, or remove any feature or functionality of the App or Services without prior notice. By continuing to use the App or Services after any such change, you are indicating your acceptance of the updated or amended Terms. If you do not wish to be bound by any changes or amendments to these Terms then you must immediately stop using the App and Services.
These Terms, and any rights and obligations and licenses granted hereunder, are limited, revocable, non-exclusive and personal to you and therefore may not be transferred, assigned, or delegated by you to any third party without our written consent, but may be transferred, assigned or delegated by us without notice and restriction, including without limitation to any of our affiliates or to any successor in interest of any business associated with us and/or the Services. Any attempted transfer or assignment in violation hereof shall be null and void.
If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. Such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable laws.
These Terms, including all documents incorporated herein by reference, constitute the entire agreement between the parties with regard to its subject matter and supersedes and invalidates all other prior representations, arrangements, understandings, and agreements relating to the same subject matter, whether oral or in writing, express or implied. You acknowledge that in agreeing to these Terms you do not rely on any statement, representation, warranty, or understanding other than those expressly set out in these Terms.
The delay of enforcement or the non-enforcement of any of the provisions of these Terms by any Party shall not be construed as a waiver of any of the other rights of that Party arising out of the breach or any subsequent breach of any of these Terms, and no right, power, or remedy conferred upon or reserved for any Party in these Terms is exclusive of any other right, power or remedy available to that Party and each such right, power, or remedy shall be cumulative.
These Terms are set forth in the English language and all communications related to these Terms and the Services, including any notices or information being transmitted, shall be in English. To the fullest extent permitted by applicable law, in the event these Terms or any part of it are translated (for any proceedings, for your convenience, as required by law, or otherwise) into any other language, the English language text of these Terms shall prevail to the extent of any conflict or inconsistency between the English version and the translated version.
Visiting the Services, sending us emails or chats, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, and other records and to electronic delivery of notices, policies, and records. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.
Other than our affiliates, a person who is not a party to these Terms has no right to enforce any of these Terms. Notwithstanding the foregoing or anything herein to the contrary, these Terms shall apply to your heirs, assigns, guardians, agents acting under a valid power of attorney, personal representatives, executors, and other fiduciaries.
Any dispute arising from these Terms or your use of the Services, whether brought in arbitration, small claims, or in court, will be governed by and construed and enforced in accordance with the laws of the State of Delaware except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Delaware or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the Parties that is not subject to the terms of arbitration set forth herein or cannot be heard in small claims court will be resolved in the state or federal courts sitting in Delaware. Finally, to the extent permitted by applicable law, in the event that your dispute is adjudicated in court instead of arbitration, you agree to proceed only on an individual basis and not on a consolidated, class wide, or representative basis.
The following Sections survive termination or expiration of these Terms: 2.8 (Beta Features), 6 (Intellectual Property), 7 (Disclaimer), 8 (Limitation of Liability), 9 (Indemnity), 10 (Dispute Resolution), 12 (General Terms), and any other provisions that by their nature should survive.
If you download our mobile applications, your use is also governed by the terms of the app store provider (e.g., Apple App Store or Google Play). To the extent of any conflict between those terms and these Terms, the app store terms will govern solely with respect to the mobile application.