Terms of Service

About these Terms

These Terms of Service (the “Terms”) are a binding contract between you and Denizen Blu, a Delaware LLC (“Denizen Blu,” “we,” “us,” or “our”). They govern your access to and use of the Denizen Blu website, playground, apps, console, API (api.denizenblu.com), and related services (together, the “Services”). By clicking “I Agree” or checking the box to accept these Terms, creating an account, subscribing, or using the Services, you agree to these Terms, our Fair Use Policy, our Acceptable Use Policy, and our Privacy Policy, each of which is incorporated here. If you do not agree, do not use the Services.

The short version

• Individual plans are a flat monthly price. We never bill per token, and we do not charge overages.
• “Unlimited” means unmetered billing, not unlimited capacity. Plans have concurrency and fair-use limits that are described in Sections 5 and 6.
• Individual plans are for interactive use by a person. Automated, batch, resale, and production workloads require a separate agreement.
• Section 18 contains a binding arbitration clause and a class-action waiver. You may opt out within 30 days.

Acceptance of These Terms

How you accept. You accept these Terms electronically. You agree to be bound by them at the first of these moments: (a) you click an “I Agree,” “Create Account,” “Subscribe,” or similar button, or check a box, presented with a link to these Terms; (b) you create an Account or complete a purchase; or (c) you access or use the Services. The acceptance box will read substantially: “I have read and agree to the Denizen Blu Terms of Service and Privacy Policy.”

Electronic agreement; no signature needed. You agree that your click or other electronic action is your signature and has the same legal effect as a handwritten signature, under the U.S. Electronic Signatures in Global and National Commerce Act, the Uniform Electronic Transactions Act, and similar laws. These Terms do not need to be signed on paper to be binding. We may keep electronic records of your acceptance, including the date and time, your Account, your IP address, and the version of the Terms you accepted, and those records are evidence of your agreement.

Electronic notices. You consent to receive notices and other communications about the Services and these Terms electronically, by email, through your Account, or by posting on our website.

Keep a copy. You can read, save, and print these Terms at www.denizenblu.com/terms. If you cannot or do not want to accept these Terms, do not click the box and do not use the Services.

1. Definitions

• “Account” means the account you create to use the Services.
• “Input” means any prompt, text, file, image, audio, or other content you submit to the Services.
• “Output” means any response or other content a model generates from your Input.
• “Materials” means Inputs and Outputs together.
• “Model” means any artificial intelligence or machine learning model made available through the Services, whether developed by us or by a third party.
• “Interactive Use” has the meaning in Section 5.3.
• “Individual Plan” means any self-serve subscription sold to a person through www.denizenblu.com, including Explorer, Creator, Professional, and Ultimate, and any successor plan we designate as individual.
• “Organizational Plan” means an Enterprise seat plan, Dedicated Compute, Managed Cloud Services, or any other plan sold under a separate order form or agreement.
• “Concurrency” means the number of requests that may be in flight at the same time under your plan.

2. The Services

Denizen Blu is an AI inference platform. We run Models on infrastructure we select and manage, and we route each request to an execution path of our choosing. You choose the Model and workload; you do not choose, and we do not promise, a particular provider, region, or hardware.

Our infrastructure and Providers. We deliver the Services using a combination of (a) hardware that we own and operate, including our own CPUs and GPUs; (b) GPU and other compute capacity that we rent or lease from third-party data-center, cloud, and GPU providers; and (c) third-party AI model developers and AI gateway services, which we use to offer some Models, including some proprietary Models, that we do not host ourselves (together, “Infrastructure Providers”). Most Models are open-weight Models that we run ourselves; others are served by or through an Infrastructure Provider. We decide which infrastructure serves each request and may change it at any time, including from one request to the next, without notice. Because of this, the ownership, location, and characteristics of the hardware that serves your request will vary, and we do not promise any particular provider, region, data residency, or hardware unless an Organizational Plan says so in writing. We do not currently identify in advance which Models are served by a third party, and this may change at any time, so you should assume that any Model may be served by one.

We offer the Services through a web playground, applications, and an OpenAI-compatible API. The Models, features, context lengths, and limits available to you depend on your plan and are described at www.denizenblu.com. We may add, change, or retire Models and features at any time. A Model’s availability is not a promise that it will remain available.

Organizational Plans are governed by these Terms and by the order form or agreement for that plan. If they conflict, the order form or agreement controls for that plan.

3. Eligibility

You must be at least 18 years old, or the age of majority where you live if higher, to use the Services. The Services are not directed to children, and Models may produce content that is unsuitable for minors. If you accept these Terms for an organization, you represent that you have authority to bind it, and “you” includes that organization.

You may not use the Services if you are barred from receiving them under the laws of the United States or any other applicable jurisdiction, including if you appear on a U.S. government restricted-party list or are located in a country subject to a U.S. embargo. You represent that you are not such a person and will not make the Services available to one.

4. Your Account

You must provide accurate, current, and complete information when you register and keep it up to date. You may use the email address we have on file for you to receive legal and operational notices, and notices sent there are effective when sent.

Your Account, API keys, and credentials are personal to you. You may not share them, sell them, or make your Account or keys available to anyone else, and you may not create multiple Accounts to obtain extra capacity or to avoid a suspension, a limit, or a charge.

You are responsible for all activity under your Account and for keeping your credentials secure. Do not embed keys in client-side code or public repositories. Tell us promptly at support@denizenblu.com if you believe your Account or a key has been compromised.

If you sign up with an email address owned by an employer or other organization, that organization may be able to claim, monitor, or administer your Account. Use a personal email address for personal use.

5. Plans, Flat-Rate Unlimited Use, and Interactive Use

5.1 Flat rate. Individual Plans are billed at a flat recurring price. We do not meter or bill by token, request, or minute, and we do not charge overage fees. We measure token counts and similar usage data as telemetry to manage capacity and enforce these Terms, not to calculate your bill.

5.2 What “unlimited” means. “Unlimited” describes how we price your plan: you pay the same amount however many tokens you use through Interactive Use. It does not mean unlimited capacity, throughput, speed, availability, or concurrency. Each plan has limits that we publish at www.denizenblu.com and may update, including:

• the Models you may access;
• the maximum Concurrency allowed;
• the maximum context length and output length per request;
• request-rate and burst limits that protect the service for other users; and
• the fair-use limits in Section 6.

We may enforce these limits by queuing, rate-limiting, or declining requests. Higher-tier plans carry higher limits. A plan’s limits control over any general description of it in marketing materials.

5.3 Interactive Use only. Individual Plans are licensed for Interactive Use by the person who holds the Account. “Interactive Use” means use in which a human being is present and directing the work in real time, such that:

• a person initiates each request or each discrete task, for example by typing a message, selecting a prompt, or accepting a suggestion;
• a person reads or acts on the Output as it is produced; and
• the volume and pacing of requests reflects a person working, not a program running.

Interactive Use includes chatting in our playground or applications, and using your own API key with a chat client or an editor or coding assistant that a person is actively operating. It also includes ordinary personal prototyping, development, and testing at human pace.

5.4 Not Interactive Use. The following are not Interactive Use and are not permitted on an Individual Plan:

• scripts, bots, schedulers, cron jobs, or pipelines that send requests without a person initiating each one;
• batch processing, bulk or large-scale dataset generation, evaluation or benchmark runs, mass summarization or classification, or sustained loops of requests;
• autonomous or long-running agents that continue to send requests while unattended;
• serving requests on behalf of your own end users or customers, including embedding our Services in a product, website, app, or workflow that other people use;
• continuously running or high-volume workloads intended to keep capacity saturated; and
• any use that resells, shares, or redistributes access, capacity, or Outputs of the Services as a service.

If you need these uses, contact sales@denizenblu.com about an Organizational Plan, Dedicated Compute, or an Enterprise agreement. These are priced separately and carry reserved capacity and, for Enterprise, an SLA.

5.5 Determination. We decide in good faith whether use is Interactive Use. Signals include request cadence, sustained saturation of your Concurrency limit, absence of idle time, identical or templated prompts, requests from multiple IP addresses or from data-center hosts, and use of a single key by many people. We will look at the pattern of your use as a whole and not at any single request.

5.6 Trials and promotions. Introductory offers, such as a $1 trial of the Explorer plan, are available once per person, may be limited to new customers, and convert to the standard price at the end of the trial unless you cancel. We may withdraw an offer at any time and may refuse it where we believe it is being abused.

6. Fair Use and Capacity Management

6.1 Purpose. Flat pricing only works if capacity stays fair for everyone. We share infrastructure across all customers, and our Fair Use Policy at www.denizenblu.com/fair-use describes how we keep that balance. It is part of these Terms.

6.2 What we may do. To protect the Services and other users, we may, at our discretion and without a refund:

• queue, slow, or rate-limit requests, including during peak demand;
• give priority to requests from higher-tier plans or Organizational Plans;
• reduce the Models, context length, or Concurrency available to an Account whose use is out of line with Interactive Use or that is degrading the Services for others; and
• suspend or terminate access as described in Section 14.

6.3 Our practice. If your use approaches the edge of fair use and the situation is not urgent or abusive, we will try to contact you first and discuss the right plan before taking action. We are not required to do so where we reasonably believe the use is abusive, unlawful, a security risk, or threatens the Services.

6.4 No guaranteed performance. Unless an Organizational Plan says otherwise, we do not guarantee any particular uptime, latency, throughput, or Model availability for Individual Plans. Speeds and capacity vary with demand.

6.5 Limits are not a licence. That a request succeeds does not mean it was permitted. Technical controls may not catch every violation, and our failure to enforce a limit on one occasion does not waive it.

7. Acceptable Use

You must use the Services lawfully and respectfully. You may not use the Services, or help anyone else use them, to:

• violate any law or regulation, including laws on export controls, privacy, intellectual property, consumer protection, and sanctions;
• infringe, misappropriate, or violate another person’s intellectual property, privacy, publicity, or other rights;
• generate, distribute, or solicit child sexual abuse material or any sexual content involving minors, or otherwise sexualize or endanger children;
• create or facilitate weapons capable of mass casualties, including biological, chemical, radiological, or nuclear weapons, or provide meaningful uplift to attacks on critical infrastructure;
• develop, deploy, or improve malware, ransomware, exploits, phishing or spoofing material, or otherwise gain unauthorized access to systems or data;
• harass, threaten, stalk, defame, or incite violence against any person or group, or promote self-harm;
• create targeted disinformation, impersonate a real person or organization to deceive, produce non-consensual intimate imagery, or run fraud or other deceptive schemes;
• generate spam or unsolicited bulk communications;
• make fully automated decisions that materially affect a person’s legal, employment, credit, housing, insurance, education, or health status without meaningful human review;
• represent Output as human-written where doing so would deceive someone or violate a law or a platform’s rules; or
• engage in any activity that we reasonably believe exposes us, our users, or any third party to liability, harm, or serious reputational damage.

You must also follow any usage policy that applies to a third-party Model you access through the Services (see Section 10). We may publish a more detailed Acceptable Use Policy, which is incorporated here and which we may update from time to time.

If you believe content generated through the Services violates these Terms, report it to support@denizenblu.com.

8. Prohibited Technical Conduct

You may not, and may not permit anyone else to:

• Resell or share access. Sell, rent, sublicense, lease, or redistribute the Services, your API keys, or access to either, or run a proxy, gateway, relay, or aggregator that exposes the Services to others.
• Circumvent limits. Evade or manipulate rate limits, Concurrency limits, usage telemetry, or other controls, including by rotating keys, creating multiple Accounts, using multiple payment methods or trial offers, or distributing traffic across IP addresses.
• Automate outside Interactive Use. Access the Services by automated or non-human means except as Section 5.3 permits for Interactive Use.
• Extract or copy Models. Use Inputs, Outputs, or any other access to the Services to train, fine-tune, distill, or evaluate a competing AI model or service, or to reconstruct a Model’s weights, system prompts, or routing logic. Using Output for your own personal, non-competing purposes is not restricted by this clause.
• Scrape. Crawl, scrape, or harvest data from the Services other than through the documented API.
• Reverse engineer. Decompile, disassemble, or attempt to discover the source code, weights, or underlying components of the Services or any Model, except to the extent law forbids this restriction.
• Attack the Services. Probe, scan, or test the vulnerability of the Services, introduce malware, overload or disrupt the Services, or bypass any safety or security control. If you want to test security, email support@denizenblu.com first.
• Misuse the brand. Use our name, logos, or marks in a way that suggests we endorse or sponsor you or your product, without our prior written permission.

9. Inputs, Outputs, and Ownership

9.1 Your Inputs. You are responsible for your Inputs. You represent that you have all rights needed to submit them and to allow us to process them to provide the Services, and that your Inputs and your use of Outputs will not violate these Terms or any law or third-party right. As between you and us, you keep whatever rights you have in your Inputs.

9.2 Your Outputs. Subject to your compliance with these Terms, we assign to you whatever right, title, and interest we have, if any, in Outputs generated for you. Because AI output may be similar or identical across users and because the law on ownership of AI-generated content is unsettled, we do not promise that any Output is original, protectable, or free of third-party rights. Third-party Models may carry their own terms on Output (see Section 10).

9.3 Licence to us. You grant us a worldwide, non-exclusive, royalty-free licence to host, process, transmit, and display your Materials only as needed to provide, secure, and support the Services, to prevent abuse, to comply with law, and as described in Section 12.

9.4 Our property. We and our licensors own the Services, including the platform, routing and orchestration software, interfaces, documentation, and our trademarks. These Terms give you a limited, revocable, non-exclusive, non-transferable licence to use the Services as these Terms allow, and no other rights.

10. Third-Party Models and Content

Many Models available through the Services are open-weight or third-party Models released under their own licences, acceptable-use policies, or terms (“Model Terms”). The applicable Model Terms are available on request at support@denizenblu.com. By using a Model, you agree to its Model Terms in addition to these Terms. If they conflict, the stricter restriction applies. We do not license Models to you except to the extent needed to let you use them through the Services.

Third-party providers. Where we serve a Model through an Infrastructure Provider, including a proprietary Model from a third-party AI developer, that provider’s terms, usage policies, and data practices also apply to your use of that Model, and you agree to follow them. The provider, not us, controls how its own Models and systems work, and may change, restrict, rate-limit, filter, suspend, or withdraw a Model without notice. We are not responsible for the acts or omissions of Infrastructure Providers or for any unavailability or change they cause, except as an Organizational Plan expressly provides. Proprietary Models may be available only on certain plans and may carry lower limits or extra restrictions.

The Services may interoperate with third-party tools, clients, and content. We do not control them and are not responsible for them, and your use of them is at your own risk and subject to their terms.

If you tell us that content infringes your copyright, we will respond under the Digital Millennium Copyright Act. Our designated agent is Denizen Blu Support, reachable at support@denizenblu.com. We may remove content and terminate repeat infringers.

11. Reliance on Outputs

AI Models are probabilistic and still imperfect. When you use the Services you understand and agree that:

• Outputs may be inaccurate, incomplete, outdated, biased, offensive, or misleading, even when they sound confident or detailed;
• Outputs may be the same as or similar to Outputs given to other users;
• you must evaluate Outputs for accuracy and appropriateness before relying on them or sharing them;
• Outputs are not professional advice. Do not rely on them for medical, legal, financial, tax, safety, or other professional decisions without consulting a qualified professional; and
• Outputs do not represent our views.

12. Data, Privacy, and Feedback

12.1 Privacy Policy. Our Privacy Policy, at www.denizenblu.com/privacy, describes the personal information we collect and how we use it. It forms part of these Terms.

12.2 Training. We do not use your Inputs or Outputs to train or fine-tune Models unless you give us separate, express permission, for example by submitting Feedback under Section 12.4.

12.3 What we keep. We keep account, billing, and usage telemetry (such as timestamps, Model used, token counts, and request metadata) to operate the Services, enforce limits, prevent abuse, and meet legal obligations. We do not retain the content of your Inputs and Outputs after a request completes, except for conversation history you choose to save in the playground or applications, and except as needed for up to 30 days to investigate abuse or security incidents or as required by law. You can delete saved conversations at any time in your Account.

12.4 Feedback. If you give us ideas or suggestions, or rate an Output (for example with a thumbs up or down), you agree we may use that Feedback, and the associated conversation where you submit it, to improve the Services without obligation to you.

12.5 Safety and legal. We may review Materials where we reasonably believe it is needed to enforce these Terms, protect the Services or others, or respond to legal process. We may disclose information to comply with law or protect rights or safety, including reporting to law enforcement.

12.6 Security. We use reasonable technical and organizational measures to protect the Services. No system is perfectly secure, and we cannot guarantee that your data will never be accessed, lost, or disclosed.

12.7 Sensitive data. Do not submit information you are not permitted to share, and do not submit regulated data (such as protected health information or payment card data) unless you have an agreement with us that permits it. Individual Plans are not designed for that data.

12.8 Processing on our hardware and by Infrastructure Providers. When your request runs on hardware we own, your Materials are processed on systems we control. When it runs on rented GPU or compute capacity, the capacity provider hosts the hardware, but we run and control the software that processes your Materials. When it is routed to a third-party model developer or AI gateway, your Input and the resulting Output are sent to and processed by that provider under its own terms and privacy practices, which may differ from ours and may include logging or retaining data for a period. We seek providers that commit not to train on API content, but we cannot control their practices, and Section 12.2 describes only what we ourselves do. If you need your Materials to stay on hardware we operate, tell us at sales@denizenblu.com about an Organizational Plan.

13. Fees, Billing, Renewal, and Cancellation

13.1 Fees and payment. You agree to pay the fees for your plan as shown at checkout and at www.denizenblu.com/#pricing, plus applicable taxes. You authorize us and our payment processor to charge your payment method on each billing date. You must give us accurate billing information and keep it current. We are not responsible for errors by third-party payment processors.

13.2 Automatic renewal. Subscriptions renew automatically for successive periods equal to your billing period (monthly or annual) at the then-current price until you cancel. You authorize us to charge your payment method for each renewal. We will send a reminder before an annual renewal where the law requires.

13.3 Cancellation. You can cancel at any time from your Account settings or by emailing support@denizenblu.com. Cancellation takes effect at the end of the period you have already paid for, and you keep access until then. To avoid being charged for the next period, cancel at least 24 hours before it begins.

13.4 Refunds. Except as these Terms or applicable law require, fees are non-refundable, including for partial periods and for plans suspended or terminated for violating these Terms. If we terminate your subscription for convenience, we will refund the unused portion of the fees you prepaid. Where you have a statutory right to cancel and be refunded, that right is not limited by these Terms.

13.5 Price changes. We may change prices and plan features. Changes do not apply to a period you have already paid for. For an increase that applies to your subscription, we will give you at least 30 days’ notice by email or in your Account, and you may cancel before it takes effect.

13.6 Taxes. Prices exclude sales, use, VAT, GST, and similar taxes, which we will add where required.

13.7 Failed payments. If a payment fails, we may retry the charge, suspend your access, or downgrade or cancel your Account until you pay what is due.

13.8 Chargebacks. Please contact us before disputing a charge so we can resolve it quickly. If you file a chargeback in bad faith, we may suspend your Account.

14. Suspension and Termination

14.1 By you. You may stop using the Services and close your Account at any time (see Section 13.3 for billing).

14.2 By us. We may suspend, restrict, or terminate your access, in whole or in part, if we reasonably believe you have breached these Terms, including by use that is not Interactive Use; if your use threatens the security, integrity, or availability of the Services or exposes us or others to harm or liability; if we must do so to comply with law; or if your payment fails. Where practical and the situation is not urgent or abusive, we will give you notice and a chance to correct the problem. We may also end an Individual Plan for convenience on notice, with a pro-rata refund of prepaid fees under Section 13.4.

14.3 Review. If you think we suspended or terminated your Account in error, email support@denizenblu.com within 30 days and explain why. We will review it in good faith.

14.4 Effect. On termination your right to use the Services ends. We may delete your Account and Materials after a reasonable period, so export anything you need beforehand. Sections 5.4, 8, 9, 12.4, 13 (for amounts owed), and 16 through 19, and any other provision that by its nature should survive, survive termination.

14.5 Inactive accounts. We may close a free or unpaid Account that has been inactive for 12 months, after giving you notice.

15. Changes to the Services and to These Terms

The Services will change. We may add, remove, or modify features, Models, limits, and plans, and may suspend or discontinue any part of the Services. Where a change materially reduces what a paying customer has already paid for, we will give reasonable notice and, if we discontinue the plan entirely, a pro-rata refund.

We reserve the right to modify, amend, or replace these Terms, and our policies, plans, limits, and features, at any time and from time to time, in our sole discretion. We will post the updated Terms at www.denizenblu.com/terms with a new effective date. Changes take effect when posted, or on any later date the updated Terms state. We may, but are not required to, also notify you by email, in your Account, or with a notice on our website, and we may ask you to click to accept the updated Terms before you continue to use the Services. It is your responsibility to review the Terms from time to time. Your clicking to accept the updated Terms, or your continued use of the Services after the changes take effect, means you accept them. If you do not agree to the changes, you must stop using the Services and may cancel your subscription. If you cancel within 30 days after a change that materially and adversely affects your use of a paid plan, we will refund the prepaid fees for the period after your cancellation. Price changes are governed by Section 13.5. Changes do not apply to a dispute that you have already submitted to us in writing under Section 18.2.

16. Disclaimers

THE SERVICES, MODELS, AND OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, LICENSORS, AND SERVICE PROVIDERS (THE “DENIZEN PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY OUTPUT WILL BE ACCURATE, COMPLETE, OR NON-INFRINGING. YOUR USE OF THE SERVICES AND OUTPUTS IS AT YOUR OWN RISK.

Some jurisdictions do not allow certain warranty disclaimers, so some of the above may not apply to you.

17. Limitation of Liability and Indemnity

17.1 Limitation. TO THE FULLEST EXTENT PERMITTED BY LAW, THE DENIZEN PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE DENIZEN PARTIES’ TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICES IN THE SIX MONTHS BEFORE THE CLAIM AROSE AND (B) ONE HUNDRED U.S. DOLLARS ($100).

These limits apply even if a remedy fails of its essential purpose. They do not limit liability that cannot be limited by law, such as liability for fraud or for death or personal injury caused by negligence where the law forbids the limit.

17.2 Indemnity. You will defend, indemnify, and hold harmless the Denizen Parties from claims, losses, damages, and expenses (including reasonable attorneys’ fees) arising out of or related to your Inputs, your use of the Services or Outputs in breach of these Terms or law, your violation of a third party’s rights, or any product or service you build using the Services in breach of these Terms. We may assume the exclusive defense of any matter you are indemnifying, and you will cooperate. This Section 17.2 does not apply to consumers where applicable law prohibits it.

17.3 Basis of the bargain. The disclaimers and limits in Sections 16 and 17 are an essential part of these Terms and of the price you pay. Our Services would be priced differently without them.

18. Governing Law and Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

18.1 Governing law. These Terms and any dispute between you and us are governed by the laws of the State of Delaware, without regard to conflict-of-law rules, and by the Federal Arbitration Act for Section 18.3.

18.2 Informal resolution first. Before starting a claim, you and we agree to try to resolve it informally. Send a written notice describing the dispute to support@denizenblu.com (for us) or to the email on your Account (for you). If it is not resolved within 60 days, either party may start a proceeding under this Section.

18.3 Binding individual arbitration. Except for the matters in Section 18.6, you and we agree that any dispute arising out of or relating to these Terms or the Services will be resolved by final and binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures, not in court. The arbitrator decides all questions, including whether a dispute can be arbitrated. Hearings, if any, will be held by video, or in the county where you live, unless we agree otherwise. For consumer claims, we will pay arbitration fees above what you would pay to file a court case, unless the arbitrator finds the claim frivolous. Judgment on the award may be entered in any court with jurisdiction.

18.4 Class-action waiver. You and we may bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over a class or representative proceeding. If this waiver is found unenforceable as to a claim, that claim must be heard in court and not arbitration.

18.5 30-day opt-out. You may opt out of Sections 18.3 and 18.4 by emailing support@denizenblu.com within 30 days of first accepting these Terms. Include your name, Account email, and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms.

18.6 Exceptions. Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or other equitable relief in court to stop actual or threatened infringement or misuse of intellectual property, or a breach of Sections 5.4 or 8. For any dispute that proceeds in court, you and we submit to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware, and waive any objection to venue there. Each party waives a jury trial to the extent the law allows.

18.7 Limitation period. A claim must be started within one year after it arose, or it is permanently barred, to the extent the law allows.

19. General

• Entire agreement. These Terms, with the policies and order forms they incorporate, are the whole agreement between you and us about the Services and replace earlier agreements on the same subject.
• Order of precedence. If documents conflict, an Organizational Plan order form controls for that plan, then these Terms, then our policies.
• Severability. If a provision is held invalid or unenforceable, it is enforced to the maximum extent allowed and the rest remain in effect.
• No waiver. A delay or failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign or transfer these Terms without our written consent. We may assign them, including in a merger, acquisition, or sale of assets.
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including outages of power, networks, or upstream providers, natural disasters, war, labor disputes, and government action.
• Export and sanctions. You will comply with U.S. export control and sanctions laws and will not use or make the Services available in violation of them.
• Government users. The Services are commercial computer software and services, and government users receive only the rights given to other users under these Terms.
• Notices. We may give you notice by email, by posting in your Account, or on our website. You may give us notice at support@denizenblu.com.
• No third-party beneficiaries. Except for the Denizen Parties named in Sections 16 and 17, these Terms do not create third-party rights.
• Relationship. We are independent contractors. These Terms do not create a partnership, agency, or employment relationship.
• Language. The English version controls over any translation.