1. Your Relationship with Us
Welcome to Razzl. These Terms of Service ("Terms") govern your access to and use of the Razzl websites, applications, APIs, creator tools (“Creator Studio”), hosted workspaces, product setup copilots (“Copilot”, “Product Copilot”), support experiences, and related software, content, and services that we make available (collectively, the "Services").
"Razzl," "we," "our," and "us" mean Razzl LLC and its affiliates. "You" means the person or entity using the Services.
The Services may be used by: (a) end users who interact with a product copilot or other consumer-facing experience; (b) business customers, including brands, manufacturers, retailers, agencies, and other organizations that create, configure, publish, or manage copilots or content through the Services; and (c) authorized users acting on behalf of a business customer.
If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have authority to bind that entity, and "you" will include that entity.
You must be at least 18 years old, or the age of majority where you live, to create an account, upload content, purchase a subscription, or use the creator studio. If an end-user experience is made available to minors, the minor may use it only under the supervision and consent of a parent or legal guardian.
1. Your Relationship with Us
Welcome to Razzl. These Terms of Service ("Terms") govern your access to and use of the Razzl websites, applications, APIs, creator tools (“Creator Studio”), hosted workspaces, product setup copilots (“Copilot”, “Product Copilot”), support experiences, and related software, content, and services that we make available (collectively, the "Services").
"Razzl," "we," "our," and "us" mean Razzl LLC and its affiliates. "You" means the person or entity using the Services.
The Services may be used by: (a) end users who interact with a product copilot or other consumer-facing experience; (b) business customers, including brands, manufacturers, retailers, agencies, and other organizations that create, configure, publish, or manage copilots or content through the Services; and (c) authorized users acting on behalf of a business customer.
If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have authority to bind that entity, and "you" will include that entity.
You must be at least 18 years old, or the age of majority where you live, to create an account, upload content, purchase a subscription, or use the creator studio. If an end-user experience is made available to minors, the minor may use it only under the supervision and consent of a parent or legal guardian.
2. Accepting the Terms
By accessing or using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not access or use the Services.
Your use of certain features, APIs, beta features, paid plans, promotions, or third-party integrations may also be subject to additional terms, which are incorporated by reference to the extent applicable. If there is a conflict, the additional terms control for that feature.
2. Accepting the Terms
By accessing or using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not access or use the Services.
Your use of certain features, APIs, beta features, paid plans, promotions, or third-party integrations may also be subject to additional terms, which are incorporated by reference to the extent applicable. If there is a conflict, the additional terms control for that feature.
3. Your Access to and Use of the Services
You may use the Services only in compliance with these Terms and applicable law. You may not, and may not permit any third party to:
• copy, modify, distribute, sell, lease, sublicense, reverse engineer, decompile, disassemble, or create derivative works of the Services except as expressly permitted by us in writing or by applicable law;
• access or use the Services to build or train a competing product or service, benchmark or scrape the Services in a manner that competes with us, or extract data or output at scale except through authorized features or APIs;
• interfere with, disrupt, probe, scan, circumvent, or test the vulnerability of the Services or any related systems or networks, or bypass any security or access controls;
• upload, transmit, publish, or make available any content that is unlawful, infringing, defamatory, fraudulent, deceptive, harmful, or that contains malware or other malicious code;
• use the Services in connection with products, activities, or environments where inaccurate output, omitted warnings, or delayed guidance could reasonably be expected to cause death, bodily injury, property damage, or environmental damage, unless you independently validate the output and assume full responsibility for that use;
• represent that output generated by the Services is manufacturer-certified, engineer-approved, safety-certified, or otherwise endorsed by a third party when that is not true;
• remove, obscure, or alter proprietary notices, warnings, or attribution included in the Services or output; or
• use the Services if you are suspended, prohibited by law, or located in a jurisdiction where use is restricted by applicable export controls or sanctions.
We may monitor use of the Services for security, fraud prevention, abuse prevention, billing, support, compliance, and product operations. We may suspend or limit access to the Services at any time if we reasonably believe your use poses a security risk, violates these Terms, infringes rights, creates legal exposure, or could harm users, third parties, or the Services.
3. Your Access to and Use of the Services
You may use the Services only in compliance with these Terms and applicable law. You may not, and may not permit any third party to:
• copy, modify, distribute, sell, lease, sublicense, reverse engineer, decompile, disassemble, or create derivative works of the Services except as expressly permitted by us in writing or by applicable law;
• access or use the Services to build or train a competing product or service, benchmark or scrape the Services in a manner that competes with us, or extract data or output at scale except through authorized features or APIs;
• interfere with, disrupt, probe, scan, circumvent, or test the vulnerability of the Services or any related systems or networks, or bypass any security or access controls;
• upload, transmit, publish, or make available any content that is unlawful, infringing, defamatory, fraudulent, deceptive, harmful, or that contains malware or other malicious code;
• use the Services in connection with products, activities, or environments where inaccurate output, omitted warnings, or delayed guidance could reasonably be expected to cause death, bodily injury, property damage, or environmental damage, unless you independently validate the output and assume full responsibility for that use;
• represent that output generated by the Services is manufacturer-certified, engineer-approved, safety-certified, or otherwise endorsed by a third party when that is not true;
• remove, obscure, or alter proprietary notices, warnings, or attribution included in the Services or output; or
• use the Services if you are suspended, prohibited by law, or located in a jurisdiction where use is restricted by applicable export controls or sanctions.
We may monitor use of the Services for security, fraud prevention, abuse prevention, billing, support, compliance, and product operations. We may suspend or limit access to the Services at any time if we reasonably believe your use poses a security risk, violates these Terms, infringes rights, creates legal exposure, or could harm users, third parties, or the Services.
4. Intellectual Property; Customer Content; Feedback
As between you and Razzl, we retain all right, title, and interest in and to the Services, including all software, models, interfaces, workflows, designs, compilations, analytics, documentation, and other materials made available by us, and all intellectual property rights in the foregoing. Except for the limited rights expressly granted in these Terms, no rights are granted to you.
You retain ownership of manuals, instructions, images, videos, product data, branding, and other content that you upload, submit, or make available to the Services ("Customer Content"), subject to the rights you grant below.
You grant Razzl a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, modify, transform, transmit, and otherwise use Customer Content as necessary to provide, secure, support, improve, and operate the Services, to generate and display output, to create backups, and to enforce our rights.
You represent and warrant that you have all rights, permissions, and legal bases necessary to provide Customer Content to us; that Customer Content and its use through the Services will not infringe or misappropriate any third-party rights; and that Customer Content does not omit safety-critical information that would make published output misleading or unsafe.
Business customers are solely responsible for reviewing, validating, approving, and deciding whether to publish any copilot, workflow, generated output, or transformed manual created through the creator studio before it is made available to end users.
If you provide Razzl with ideas, suggestions, comments, observations, or other feedback about the Services (“Feedback”), you agree that Razzl may use, copy, modify, publish, implement, and otherwise exploit the Feedback for any purpose, including to improve, develop, market, and commercialize the Services, without restriction, attribution, payment, or other obligation to you. Feedback is provided voluntarily and will not be treated as confidential unless we separately agree in writing.
4. Intellectual Property; Customer Content; Feedback
As between you and Razzl, we retain all right, title, and interest in and to the Services, including all software, models, interfaces, workflows, designs, compilations, analytics, documentation, and other materials made available by us, and all intellectual property rights in the foregoing. Except for the limited rights expressly granted in these Terms, no rights are granted to you.
You retain ownership of manuals, instructions, images, videos, product data, branding, and other content that you upload, submit, or make available to the Services ("Customer Content"), subject to the rights you grant below.
You grant Razzl a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, modify, transform, transmit, and otherwise use Customer Content as necessary to provide, secure, support, improve, and operate the Services, to generate and display output, to create backups, and to enforce our rights.
You represent and warrant that you have all rights, permissions, and legal bases necessary to provide Customer Content to us; that Customer Content and its use through the Services will not infringe or misappropriate any third-party rights; and that Customer Content does not omit safety-critical information that would make published output misleading or unsafe.
Business customers are solely responsible for reviewing, validating, approving, and deciding whether to publish any copilot, workflow, generated output, or transformed manual created through the creator studio before it is made available to end users.
If you provide Razzl with ideas, suggestions, comments, observations, or other feedback about the Services (“Feedback”), you agree that Razzl may use, copy, modify, publish, implement, and otherwise exploit the Feedback for any purpose, including to improve, develop, market, and commercialize the Services, without restriction, attribution, payment, or other obligation to you. Feedback is provided voluntarily and will not be treated as confidential unless we separately agree in writing.
5. Instructional Content, Copilot Output, and Safety Disclosures
The Services may present product setup, assembly, installation, troubleshooting, maintenance, replacement-part, or similar guidance, including content derived from manufacturer materials, third-party materials, Customer Content, user inputs, and artificial intelligence systems (collectively, "Instructional Content"). Instructional Content is provided for general informational assistance only.
Instructional Content is not a substitute for manufacturer instructions, product labeling, packaging, technical bulletins, recall notices, professional judgment, or required safety warnings. You must review the official manufacturer materials and use independent judgment before acting. If there is any conflict between Instructional Content and official manufacturer documentation, the manufacturer documentation controls.
You must stop using the Services and stop work immediately if: (a) you are uncertain about the instructions or the next step; (b) the product, part, tool, or environment appears unsafe; (c) the instructions appear incomplete, inconsistent, or incorrect; (d) damage is occurring or may occur; or (e) the task may require a licensed, certified, or otherwise qualified professional.
Some tasks discussed through the Services may involve tools, heavy items, sharp edges, electricity, gas, plumbing, mounting, elevated loads, heat, chemicals, or other hazards. Razzl does not inspect the product, parts, tools, worksite, surrounding conditions, mounting surfaces, wiring, plumbing, utilities, or the manner in which any task is performed. You are solely responsible for determining whether a task is safe, lawful, appropriate for your skill level, and suitable for the actual product and environment.
You voluntarily assume all risks arising from or related to assembling, installing, mounting, operating, troubleshooting, maintaining, repairing, modifying, or using any product in connection with the Services or any Instructional Content. You are solely responsible for inspecting the product, parts, hardware, components, tools, utilities, mounting conditions, and surrounding area; verifying compatibility and fit; reviewing official manufacturer instructions, materials, and warnings; and obtaining qualified professional help whenever appropriate.
For business customers, you acknowledge that AI-assisted or transformed output may contain errors, omissions, hallucinations, outdated references, incorrect sequencing, missing warnings, or incomplete parts information. You are solely responsible for human review and approval of all published output, including instructions, safety warnings, part mappings, step order, visuals, diagrams, and escalation logic.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, RAZZL SHALL NOT BE LIABLE FOR ANY INJURY, DEATH, PROPERTY DAMAGE, PRODUCT DAMAGE, FIRE, FLOOD, ELECTRICAL EVENT, TOOL MISUSE, INSTALLATION FAILURE, LOSS OF USE, OR ANY OTHER LOSS ARISING FROM OR RELATED TO (I) THE ASSEMBLY, INSTALLATION, USE, MISUSE, REPAIR, OR MODIFICATION OF ANY PRODUCT; (II) RELIANCE ON INSTRUCTIONAL CONTENT; (III) MISSING, INCORRECT, OR INCOMPLETE CUSTOMER CONTENT OR MANUFACTURER MATERIALS; OR (IV) YOUR FAILURE TO FOLLOW OFFICIAL PRODUCT DOCUMENTATION, WARNINGS, OR APPLICABLE LAW.
To the maximum extent permitted by law, you release and agree not to bring claims against Razzl arising from or related to the assembly, setup, installation, mounting, repair, operation, or use of any product in connection with the Services or any Instructional Content.
5. Instructional Content, Copilot Output, and Safety Disclosures
The Services may present product setup, assembly, installation, troubleshooting, maintenance, replacement-part, or similar guidance, including content derived from manufacturer materials, third-party materials, Customer Content, user inputs, and artificial intelligence systems (collectively, "Instructional Content"). Instructional Content is provided for general informational assistance only.
Instructional Content is not a substitute for manufacturer instructions, product labeling, packaging, technical bulletins, recall notices, professional judgment, or required safety warnings. You must review the official manufacturer materials and use independent judgment before acting. If there is any conflict between Instructional Content and official manufacturer documentation, the manufacturer documentation controls.
You must stop using the Services and stop work immediately if: (a) you are uncertain about the instructions or the next step; (b) the product, part, tool, or environment appears unsafe; (c) the instructions appear incomplete, inconsistent, or incorrect; (d) damage is occurring or may occur; or (e) the task may require a licensed, certified, or otherwise qualified professional.
Some tasks discussed through the Services may involve tools, heavy items, sharp edges, electricity, gas, plumbing, mounting, elevated loads, heat, chemicals, or other hazards. Razzl does not inspect the product, parts, tools, worksite, surrounding conditions, mounting surfaces, wiring, plumbing, utilities, or the manner in which any task is performed. You are solely responsible for determining whether a task is safe, lawful, appropriate for your skill level, and suitable for the actual product and environment.
You voluntarily assume all risks arising from or related to assembling, installing, mounting, operating, troubleshooting, maintaining, repairing, modifying, or using any product in connection with the Services or any Instructional Content. You are solely responsible for inspecting the product, parts, hardware, components, tools, utilities, mounting conditions, and surrounding area; verifying compatibility and fit; reviewing official manufacturer instructions, materials, and warnings; and obtaining qualified professional help whenever appropriate.
For business customers, you acknowledge that AI-assisted or transformed output may contain errors, omissions, hallucinations, outdated references, incorrect sequencing, missing warnings, or incomplete parts information. You are solely responsible for human review and approval of all published output, including instructions, safety warnings, part mappings, step order, visuals, diagrams, and escalation logic.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, RAZZL SHALL NOT BE LIABLE FOR ANY INJURY, DEATH, PROPERTY DAMAGE, PRODUCT DAMAGE, FIRE, FLOOD, ELECTRICAL EVENT, TOOL MISUSE, INSTALLATION FAILURE, LOSS OF USE, OR ANY OTHER LOSS ARISING FROM OR RELATED TO (I) THE ASSEMBLY, INSTALLATION, USE, MISUSE, REPAIR, OR MODIFICATION OF ANY PRODUCT; (II) RELIANCE ON INSTRUCTIONAL CONTENT; (III) MISSING, INCORRECT, OR INCOMPLETE CUSTOMER CONTENT OR MANUFACTURER MATERIALS; OR (IV) YOUR FAILURE TO FOLLOW OFFICIAL PRODUCT DOCUMENTATION, WARNINGS, OR APPLICABLE LAW.
To the maximum extent permitted by law, you release and agree not to bring claims against Razzl arising from or related to the assembly, setup, installation, mounting, repair, operation, or use of any product in connection with the Services or any Instructional Content.
6. Plans, Fees, Billing, and Suspension
Paid subscriptions, usage-based fees, overages, and other charges are described in the applicable order form, checkout page, pricing page, or service interface. Unless otherwise stated, fees are quoted and payable in U.S. dollars, are due in advance or as incurred, and are non-refundable except as required by law or expressly stated by us in writing.
You authorize us and our payment processors to charge the payment method on file for recurring subscription fees, metered usage, overages, taxes, and any other amounts due under your plan. You are responsible for keeping billing information current.
We may change subscription fees, usage rates, overage charges, or other pricing for the Services from time to time. Unless otherwise stated in an order form or required by applicable law, any pricing changes will apply prospectively and will take effect no earlier than your next renewal term or billing cycle after we provide notice. If you do not agree to a pricing change, you may stop using the affected paid Services or cancel before the new pricing takes effect.
We may suspend or limit paid Services for non-payment, suspected fraud, abuse, legal risk, or violation of these Terms. Suspension does not relieve you of payment obligations accrued before suspension.
6. Plans, Fees, Billing, and Suspension
Paid subscriptions, usage-based fees, overages, and other charges are described in the applicable order form, checkout page, pricing page, or service interface. Unless otherwise stated, fees are quoted and payable in U.S. dollars, are due in advance or as incurred, and are non-refundable except as required by law or expressly stated by us in writing.
You authorize us and our payment processors to charge the payment method on file for recurring subscription fees, metered usage, overages, taxes, and any other amounts due under your plan. You are responsible for keeping billing information current.
We may change subscription fees, usage rates, overage charges, or other pricing for the Services from time to time. Unless otherwise stated in an order form or required by applicable law, any pricing changes will apply prospectively and will take effect no earlier than your next renewal term or billing cycle after we provide notice. If you do not agree to a pricing change, you may stop using the affected paid Services or cancel before the new pricing takes effect.
We may suspend or limit paid Services for non-payment, suspected fraud, abuse, legal risk, or violation of these Terms. Suspension does not relieve you of payment obligations accrued before suspension.
7. Indemnification
You will, at your sole expense and to the fullest extent permitted by law, indemnify, defend (at Razzl’s request), and hold harmless Razzl and its affiliates, and their respective officers, directors, employees, contractors, and agents, against any and all losses, liabilities, damages, judgments, settlements, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) incurred by any of them by reason of any claim, suit, action, or proceeding brought by an end user or other third party arising out of or related to: (a) your Customer Content; (b) your products, manuals, warnings, diagrams, visuals, or other materials or information you provide, upload, publish, or otherwise make available through the Services; (c) your published copilot experiences, configurations, or instructions; (d) your use of the Services in violation of these Terms or applicable law; (e) your actual or alleged infringement or misappropriation of any third-party rights; or (f) bodily injury, death, or property damage arising from your products, instructions, or deployment of the Services.
You will not settle any such claim in a manner that admits fault of, imposes liability on, or otherwise obligates Razzl without Razzl’s prior written consent. Razzl may participate in the defense of any such claim with counsel of its own choosing at its own expense.
7. Indemnification
You will, at your sole expense and to the fullest extent permitted by law, indemnify, defend (at Razzl’s request), and hold harmless Razzl and its affiliates, and their respective officers, directors, employees, contractors, and agents, against any and all losses, liabilities, damages, judgments, settlements, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) incurred by any of them by reason of any claim, suit, action, or proceeding brought by an end user or other third party arising out of or related to: (a) your Customer Content; (b) your products, manuals, warnings, diagrams, visuals, or other materials or information you provide, upload, publish, or otherwise make available through the Services; (c) your published copilot experiences, configurations, or instructions; (d) your use of the Services in violation of these Terms or applicable law; (e) your actual or alleged infringement or misappropriation of any third-party rights; or (f) bodily injury, death, or property damage arising from your products, instructions, or deployment of the Services.
You will not settle any such claim in a manner that admits fault of, imposes liability on, or otherwise obligates Razzl without Razzl’s prior written consent. Razzl may participate in the defense of any such claim with counsel of its own choosing at its own expense.
8. Disclaimers; No Warranties
THE SERVICES, INCLUDING ALL INSTRUCTIONAL CONTENT, AI FEATURES, OUTPUT, ANALYTICS, AND THIRD-PARTY CONTENT, ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, RAZZL DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, COMPLETENESS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
WITHOUT LIMITING THE FOREGOING, RAZZL DOES NOT WARRANT THAT: (A) ANY OUTPUT OR INSTRUCTIONAL CONTENT IS CORRECT, SAFE, COMPLETE, OR SUITABLE FOR ANY PARTICULAR PRODUCT OR SITUATION; (B) ANY PRODUCT COPILOT WILL REDUCE SUPPORT VOLUME, RETURNS, CLAIMS, OR ERRORS; (C) ANY PART IDENTIFICATION, COMPATIBILITY ASSESSMENT, OR TROUBLESHOOTING RESULTS IS ACCURATE; OR (D) ANY DEFECT WILL BE CORRECTED.
8. Disclaimers; No Warranties
THE SERVICES, INCLUDING ALL INSTRUCTIONAL CONTENT, AI FEATURES, OUTPUT, ANALYTICS, AND THIRD-PARTY CONTENT, ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, RAZZL DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, COMPLETENESS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
WITHOUT LIMITING THE FOREGOING, RAZZL DOES NOT WARRANT THAT: (A) ANY OUTPUT OR INSTRUCTIONAL CONTENT IS CORRECT, SAFE, COMPLETE, OR SUITABLE FOR ANY PARTICULAR PRODUCT OR SITUATION; (B) ANY PRODUCT COPILOT WILL REDUCE SUPPORT VOLUME, RETURNS, CLAIMS, OR ERRORS; (C) ANY PART IDENTIFICATION, COMPATIBILITY ASSESSMENT, OR TROUBLESHOOTING RESULTS IS ACCURATE; OR (D) ANY DEFECT WILL BE CORRECTED.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, RAZZL AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SUPPLIERS, WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS INTERRUPTION, REPLACEMENT COSTS, DIMINUTION IN VALUE, PERSONAL INJURY, PROPERTY DAMAGE, OR PRODUCT DAMAGE, ARISING OUT OF OR RELATED TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF RAZZL FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID OR PAYABLE BY YOU TO RAZZL FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (US$100). FOR FREE OR CONSUMER USERS WHO HAVE NOT PAID RAZZL ANY FEES, THE MAXIMUM AGGREGATE LIABILITY WILL BE US$100.
THE LIMITATIONS, EXCLUSIONS, RELEASES, AND RISK ALLOCATIONS IN THESE TERMS APPLY REGARDLESS OF THE THEORY OF LIABILITY, FORM THE BASIS OF THE BARGAIN BETWEEN THE PARTIES, AND APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THESE TERMS EXCLUDES LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, RAZZL AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SUPPLIERS, WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS INTERRUPTION, REPLACEMENT COSTS, DIMINUTION IN VALUE, PERSONAL INJURY, PROPERTY DAMAGE, OR PRODUCT DAMAGE, ARISING OUT OF OR RELATED TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF RAZZL FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID OR PAYABLE BY YOU TO RAZZL FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (US$100). FOR FREE OR CONSUMER USERS WHO HAVE NOT PAID RAZZL ANY FEES, THE MAXIMUM AGGREGATE LIABILITY WILL BE US$100.
THE LIMITATIONS, EXCLUSIONS, RELEASES, AND RISK ALLOCATIONS IN THESE TERMS APPLY REGARDLESS OF THE THEORY OF LIABILITY, FORM THE BASIS OF THE BARGAIN BETWEEN THE PARTIES, AND APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THESE TERMS EXCLUDES LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
10. Dispute Resolution
PLEASE READ CAREFULLY — This section affects your legal rights. It provides for binding individual arbitration of most disputes and includes a waiver of class, collective, coordinated, consolidated, mass, and representative proceedings, to the fullest extent permitted by law.
A. Informal Resolution First
Before initiating arbitration or any legal action, you and Razzl agree to first attempt to resolve any dispute informally. The party starting the dispute must send written notice to the other party describing the dispute in sufficient detail to allow it to be evaluated. If you are providing notice to Razzl, you must send it to contact@razzl.com and include your name, contact information, the email address associated with your account (if any), your location, and a description of the dispute. Razzl will provide similar notice if it initiates a dispute against you. The receiving party will have ninety (90) days to respond, and both parties agree to participate in good faith in the informal process, including by phone or video conference if reasonably requested. Neither party may begin arbitration until this informal process has been completed, except where immediate injunctive relief is permitted under these Terms or applicable law.
B. Binding Individual Arbitration
After completion of the informal resolution process, any dispute, claim, or controversy arising out of or relating to these Terms or the Services, including any dispute based on events occurring before these Terms took effect, will be resolved by binding individual arbitration and not in court, except for: (i) disputes that qualify for small claims court; (ii) claims seeking injunctive or other equitable relief relating to intellectual property, unauthorized access, misuse of the Services, or violation of the Acceptable Use provisions; and (iii) claims that cannot be arbitrated under applicable law. This arbitration agreement is governed by the U.S. Federal Arbitration Act.
C. Arbitration Rules and Procedure
The arbitration will be administered by National Arbitration & Mediation (“NAM”) under its applicable rules then in effect, including any mass-filing or similar supplemental rules if applicable. If NAM is unavailable or unwilling to administer the arbitration, and the parties cannot agree on a substitute administrator, a court of competent jurisdiction may appoint the arbitrator or administrator. To begin arbitration, the claimant must submit a written demand for arbitration in accordance with the applicable rules and must also provide a copy to contact@razzl.com. The demand must include a certification that the informal resolution process in Section 10.A has been completed.
D. Arbitrator’s Authority
The arbitrator will have exclusive authority to resolve all disputes relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court of competent jurisdiction will decide any dispute relating to the enforceability or scope of the waivers in Section 10.F. The arbitrator may award any relief available in court on an individual basis and must follow these Terms and applicable law.
E. Fees and Costs
Arbitration fees and costs will be allocated in accordance with the applicable arbitration rules and governing law. The arbitrator may award costs or fees only to the extent permitted by those rules, these Terms, or applicable law.
F. Waiver of Jury Trial; No Class, Representative, or Mass Proceedings
To the fullest extent permitted by law, you and Razzl waive any right to a trial by judge or jury for any dispute subject to arbitration or otherwise brought in court. To the fullest extent permitted by law, all disputes must be brought solely on an individual basis and not as a plaintiff or class member in any purported class, collective, coordinated, consolidated, mass, private attorney general, or other representative action or proceeding. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class, collective, coordinated, consolidated, mass, private attorney general, or representative proceeding, except to the extent required by applicable law.
G. Venue for Non-Arbitrable Claims
For any claim or dispute arising out of or relating to these Terms or the Services that is not subject to arbitration, you and Razzl agree to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, except where applicable law prohibits such a forum selection.
H. Survival
This Section 10 will survive termination of these Terms and any end of your relationship with Razzl.
10. Dispute Resolution
PLEASE READ CAREFULLY — This section affects your legal rights. It provides for binding individual arbitration of most disputes and includes a waiver of class, collective, coordinated, consolidated, mass, and representative proceedings, to the fullest extent permitted by law.
A. Informal Resolution First
Before initiating arbitration or any legal action, you and Razzl agree to first attempt to resolve any dispute informally. The party starting the dispute must send written notice to the other party describing the dispute in sufficient detail to allow it to be evaluated. If you are providing notice to Razzl, you must send it to contact@razzl.com and include your name, contact information, the email address associated with your account (if any), your location, and a description of the dispute. Razzl will provide similar notice if it initiates a dispute against you. The receiving party will have ninety (90) days to respond, and both parties agree to participate in good faith in the informal process, including by phone or video conference if reasonably requested. Neither party may begin arbitration until this informal process has been completed, except where immediate injunctive relief is permitted under these Terms or applicable law.
B. Binding Individual Arbitration
After completion of the informal resolution process, any dispute, claim, or controversy arising out of or relating to these Terms or the Services, including any dispute based on events occurring before these Terms took effect, will be resolved by binding individual arbitration and not in court, except for: (i) disputes that qualify for small claims court; (ii) claims seeking injunctive or other equitable relief relating to intellectual property, unauthorized access, misuse of the Services, or violation of the Acceptable Use provisions; and (iii) claims that cannot be arbitrated under applicable law. This arbitration agreement is governed by the U.S. Federal Arbitration Act.
C. Arbitration Rules and Procedure
The arbitration will be administered by National Arbitration & Mediation (“NAM”) under its applicable rules then in effect, including any mass-filing or similar supplemental rules if applicable. If NAM is unavailable or unwilling to administer the arbitration, and the parties cannot agree on a substitute administrator, a court of competent jurisdiction may appoint the arbitrator or administrator. To begin arbitration, the claimant must submit a written demand for arbitration in accordance with the applicable rules and must also provide a copy to contact@razzl.com. The demand must include a certification that the informal resolution process in Section 10.A has been completed.
D. Arbitrator’s Authority
The arbitrator will have exclusive authority to resolve all disputes relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court of competent jurisdiction will decide any dispute relating to the enforceability or scope of the waivers in Section 10.F. The arbitrator may award any relief available in court on an individual basis and must follow these Terms and applicable law.
E. Fees and Costs
Arbitration fees and costs will be allocated in accordance with the applicable arbitration rules and governing law. The arbitrator may award costs or fees only to the extent permitted by those rules, these Terms, or applicable law.
F. Waiver of Jury Trial; No Class, Representative, or Mass Proceedings
To the fullest extent permitted by law, you and Razzl waive any right to a trial by judge or jury for any dispute subject to arbitration or otherwise brought in court. To the fullest extent permitted by law, all disputes must be brought solely on an individual basis and not as a plaintiff or class member in any purported class, collective, coordinated, consolidated, mass, private attorney general, or other representative action or proceeding. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class, collective, coordinated, consolidated, mass, private attorney general, or representative proceeding, except to the extent required by applicable law.
G. Venue for Non-Arbitrable Claims
For any claim or dispute arising out of or relating to these Terms or the Services that is not subject to arbitration, you and Razzl agree to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, except where applicable law prohibits such a forum selection.
H. Survival
This Section 10 will survive termination of these Terms and any end of your relationship with Razzl.
11. General Terms
Entire Agreement: These Terms constitute the entire agreement between you and Razzl regarding the Services and supersede all prior and contemporaneous agreements, proposals, or understandings relating to the Services, except that if you and Razzl have entered into a separate written agreement that expressly governs certain Services, that agreement will control to the extent of any conflict.
Changes to These Terms: We may update these Terms from time to time. If we make material changes, we may provide notice by posting the revised Terms through the Services or by other reasonable means. The revised Terms will become effective as stated in the notice. Your continued use of the Services after the effective date of the revised Terms constitutes acceptance of the revised Terms.
No Waiver: Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of that right or provision.
Severability: If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain in full force and effect.
Governing Law: These Terms, together with the Privacy Policy and the other policy documents, are governed by the laws of the State of California, without regard to conflict-of-laws principles, except to the extent superseded by applicable federal law, including the Federal Arbitration Act.
Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without Razzl’s prior written consent. Razzl may assign these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of assets.
No Third-Party Beneficiaries: These Terms do not confer any right, benefit, or remedy on any third party.
Sanctions and Export Controls: 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 a person or entity blocked or otherwise prohibited under applicable export control or sanctions laws from receiving or using the Services. You may not use, access, export, re-export, transfer, or disclose the Services or related technical information except as authorized by applicable law.
Term; Termination; Suspension: These Terms take effect when you first access or use the Services and continue until terminated. You may stop using the Services at any time. We may suspend or terminate your access to some or all of the Services if we reasonably believe you have violated these Terms, created legal, security, or abuse risk, failed to pay amounts due, or if suspension or termination is required by law. Termination or suspension does not relieve you of obligations accrued before termination or suspension.
Relationship of the Parties: Nothing in these Terms creates any joint venture, partnership, employment, contractor, fiduciary, or agency relationship between you and Razzl.
No Support Obligation: Unless expressly stated otherwise in a separate written agreement, Razzl has no obligation to provide support, maintenance, updates, upgrades, bug fixes, or new releases for the Services.
Limitation Period: To the maximum extent permitted by law, any claim arising out of or relating to the Services or these Terms must be commenced within three (3) months after the claim arose. Otherwise, that claim is permanently barred.
11. General Terms
Entire Agreement: These Terms constitute the entire agreement between you and Razzl regarding the Services and supersede all prior and contemporaneous agreements, proposals, or understandings relating to the Services, except that if you and Razzl have entered into a separate written agreement that expressly governs certain Services, that agreement will control to the extent of any conflict.
Changes to These Terms: We may update these Terms from time to time. If we make material changes, we may provide notice by posting the revised Terms through the Services or by other reasonable means. The revised Terms will become effective as stated in the notice. Your continued use of the Services after the effective date of the revised Terms constitutes acceptance of the revised Terms.
No Waiver: Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of that right or provision.
Severability: If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain in full force and effect.
Governing Law: These Terms, together with the Privacy Policy and the other policy documents, are governed by the laws of the State of California, without regard to conflict-of-laws principles, except to the extent superseded by applicable federal law, including the Federal Arbitration Act.
Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without Razzl’s prior written consent. Razzl may assign these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of assets.
No Third-Party Beneficiaries: These Terms do not confer any right, benefit, or remedy on any third party.
Sanctions and Export Controls: 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 a person or entity blocked or otherwise prohibited under applicable export control or sanctions laws from receiving or using the Services. You may not use, access, export, re-export, transfer, or disclose the Services or related technical information except as authorized by applicable law.
Term; Termination; Suspension: These Terms take effect when you first access or use the Services and continue until terminated. You may stop using the Services at any time. We may suspend or terminate your access to some or all of the Services if we reasonably believe you have violated these Terms, created legal, security, or abuse risk, failed to pay amounts due, or if suspension or termination is required by law. Termination or suspension does not relieve you of obligations accrued before termination or suspension.
Relationship of the Parties: Nothing in these Terms creates any joint venture, partnership, employment, contractor, fiduciary, or agency relationship between you and Razzl.
No Support Obligation: Unless expressly stated otherwise in a separate written agreement, Razzl has no obligation to provide support, maintenance, updates, upgrades, bug fixes, or new releases for the Services.
Limitation Period: To the maximum extent permitted by law, any claim arising out of or relating to the Services or these Terms must be commenced within three (3) months after the claim arose. Otherwise, that claim is permanently barred.