SKY CASTLE TERMS OF SERVICE

Last Updated: September 8, 2023

Welcome to Sky Castle!

1. Acceptance of Terms

These Terms of Service (these "Terms") are a legal agreement between you and Luna Labs LLC, a Delaware limited liability company (collectively "us", "we", or "our"), which is the owner of skycastle.ai and its subdomains and applications (collectively, the "Website"), through which we provide a platform in which users may chat with an AI-developed chatbot using such user’s NFT (the "Service").

These Terms set forth the terms and conditions for access to and use of the Website and the Service. In addition, when using the Website or the Service, you shall be subject to any posted policies, guidelines or rules applicable thereto. All such policies, guidelines and rules, including our Privacy Policy, are hereby incorporated by reference into the Terms. You further agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. YOU REPRESENT THAT YOU (A) ARE AT LEAST 18 YEARS OF AGE AND (B) AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT VISIT THE WEBSITE OR REGISTER TO USE THE SERVICE.

THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION. READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE.

BY VISITING THE WEBSITE OR USING THE SERVICE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS, AND OUR PRIVACY POLICY AND ANY OTHER POSTED POLICIES, GUIDELINES, OR RULES, WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE WEBSITE OR THE SERVICE. YOUR USE OF THE WEBSITE OR THE SERVICE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY THE TERMS. WE MAY MAKE CHANGES TO THE WEBSITE OR SERVICE AT ANY TIME. WE CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS ON THE WEBSITE, CHANGING THE DATE LAST MODIFIED ABOVE AND/OR SENDING USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THE WEBSITE OR SERVICE. IF YOU DO NOT CEASE USING THE WEBSITE OR SERVICE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGES TO THE TERMS.

2. Use of the Service

The Service allows you to chat via an AI-developed chatbot (the "chatbot") with your NFT via text chat on our Website. Sky Castle uses Llama 2 as the underlying AI model for the chatbot. The Llama 2 License Agreement can be found here: https://ai.meta.com/llama/license/. Llama 2 is licensed under the LLAMA 2 Community License, Copyright © Meta Platforms, Inc. All Rights Reserved.

In connection with your use of the Service, you acknowledge that you are communicating with a chatbot whose activity we cannot constantly control. You agree that our responsibility for the activities of the chatbot is limited as set forth in these Terms. We are responsible only for our failure to perform our responsibilities under these Terms. If you decide to take actions based on advice received from the chatbot, you bear the sole risk of the consequences of such actions. If you believe the chatbot’s responses are offensive, you may make a report either via email at contact@skycastle.ai.

In order to open an account to use the Service, you will be asked to provide us with certain information such as an email address and password. The information you provide to us must be correct, current, and complete. You agree that all information and data you provide to register with, or use, the Service, including, but not limited to, aggregations of such information and/or data, is governed by our Privacy Notice.

You may have only one account with the Service. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You are responsible for maintaining the confidentiality of their password and account, if any, and are fully responsible for any and all activities that occur under their password or account. You agree to notify us immediately at contact@skycastle.ai of any unauthorized use of your password or account or any other breach of security.

The Service is solely for your personal use and may not be used for any commercial purpose.

You may use our Service worldwide (except in territories where the use of our Service is restricted by applicable law, rules or regulations and/or us). You are required to comply with the laws of the relevant country in which you use our Service.

We are neither a provider of healthcare or medical services nor do we provide medical care, mental health services, or other professional services. Only your doctor, therapist, or any other specialist can do that. WE MAKE NO CLAIMS, REPRESENTATIONS, WARRANTIES, OR GUARANTEES THAT THE SERVICE PROVIDES A THERAPEUTIC, MEDICAL, OR OTHER PROFESSIONAL HELP.

Please do not use our Service for emergency situations. If you have a medical or mental health emergency, you should immediately call an ambulance or seek medical assistance. We are not liable for any mental disorders, the tendency to suicide of users, or any other health damage.

3. Privacy

Please refer to our Privacy Notice https://www.skycastle.ai/privacy-policy for information on our collection, use and disclosure of your personal information and how to manage your online privacy when you access the Website or use the Service.

4. Electronic Communications

By using the Service, you consent to receive electronic communications from us at the email address you provide to us through the Service. These electronic communications may include notices about new features, transactional information, marketing materials, and other information concerning or related to the Service. These electronic communications are part of your relationship with use and you receive them as part of your use of the Service. In addition, you agree that we may rely and act on all information and instructions provided to us by you from the email address you provided to us.

You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. You may opt-out of receiving marketing communications by unsubscribing through the link provided in such communications.

5. Content

You are solely responsible for all video, images, information, data, text, software, music, sound, photographs, graphics, messages, or other materials (collectively, the "Content") that you upload, post, publish, display, create, or email via the Service (collectively, referred to as "upload").

You acknowledge that the communication produced by the chatbot as a result of or in response to your use of the Services belongs to and is owned by us or our licensors.

6. Ownership; License to access the Website and use the Service

The Website, the Service and all of its respective content, features, and functionality (including, but not limited to, all information, software text, displays, images, video, and audio, and the design and arrangement thereof), but excluding all Content created by you, are owned by us, and our licensors, or other providers of such material and are all protected by copyright, trademark, patent, trade secret, and other Intellectual Property Rights or proprietary rights laws. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

For purposes of these Terms, "Intellectual Property Rights" means all intellectual property rights or similar proprietary rights, including (a) patent rights and utility models, (b) copyrights and database rights, (c) trademarks, trade names, domain names and trade dress and the goodwill associated therewith, (d) trade secrets, (e) mask works, and (f) industrial design rights; in each case, including, without limitation, any registrations of, applications to register, and renewals, reissues, reexaminations, reviews and extensions of, any of the foregoing in any jurisdiction in the world.

Subject to your compliance with these Terms, we hereby grant to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service in accordance with these Terms and solely for your personal, non-commercial use, and not for the benefit of any other person or entity. Your use of the Service may be subject to certain limitations, such as, for example, limits on storage capacity for Content.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit or otherwise exploit any of the material on our Website or Service; provided that you may print or download one copy of such materials for your own personal, non-commercial use and not for further reproduction, publication, or distribution. You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Platform. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of the Terms, your right to use the Service will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website, the Service or any content on thereon is transferred to you, and all rights not expressly granted are reserved by us.

You shall not, directly or indirectly, and you shall not permit any third party to: (a) reverse engineer, decompile, disassemble or otherwise attempt to discover the object code, source code or underlying ideas or algorithms of the Website or Service; (b) modify, translate, or create derivative works based on any element of the Website or Service; (c) rent, lease, distribute, sell, resell, assign, or otherwise transfer its rights to use the Website or Service without our explicit written approval; (d) use the Website or Service for timesharing purposes or otherwise for the benefit of any person or entity other than for the benefit of yourself without the our explicit written approval; (e) publish or disclose to third parties any evaluation of the Website or Service without our prior written consent; (f) use the Website or Service for any purpose other than its intended purpose; (g) interfere with or disrupt the integrity or performance of the Website or Service; (h) attempt to gain unauthorized access to the Website or Service or the related systems or networks of the Website or Service; (i) alter, remove or tamper with any trademarks, patent or copyright notices, or confidentiality legend or notice, or any other means of identification used on or in relation to the Website or Service; or (j) use the Website or Service in a manner that violates or breaches any statute, regulation, law, or legal right of any person within United States of America or the jurisdiction in which you are located.

Except as expressly granted in these Terms, there are no other licenses or rights granted to you, express, implied or by way of estoppel. All rights not granted in these Terms are reserved by us.

7. License to Company

The Service allows you to upload Content. You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of the Content.

By posting Content on or through the Service, you represent that you own the Content and/or you have the right to use it, and that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, Intellectual Property Rights, or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing a copyright or Intellectual Property Right of a third party or otherwise violating applicable law.

You retain all rights to any Content you upload on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party uploads on or through the Service.

You hereby grant to us a non-exclusive, royalty-free, transferable, irrevocable, worldwide, fully paid-up license (with rights to sublicense through multiple tiers of sublicensees) to use the Content and perform all acts with respect to the Content as may be necessary for us (i) to provide the Service to you; (ii) to analyze data metrics for the purposes related to the usage, traffic patterns and behavior of your use of the Service in aggregate form for any purpose so long as such data does not include any personally identifiable information or user-specific information; (iii) for diagnostic purposes; (iv) to test, enhance and otherwise modify the Service; (v) to develop additional features, functionality or other products and services; and (vi) as reasonably required to fulfill our obligations under these Terms.

You understand that, from time to time, we may use Content to train artificial intelligence and other various algorithms (collectively, "Algorithms") for the purpose of improving the Service. By using the Service, you agree to permit us to use the Content, including without limitation your specific data metrics for the training of Algorithms. You further agree that we may, from time to time, share Content and specific data metrics with third-party service providers for the purposes of improving the Service. Notwithstanding the foregoing, you understand and acknowledge that the Algorithms and any improvements to the Services produced by the Algorithms will be owned by us.

We have the right, but not the obligation, to monitor all Content provided by users in our pursuit of providing the Service and ensuring the Content is in alignment with these Terms. In its sole discretion, we may remove any Content that is available via the Service that we deem inappropriate, illegal, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violate any party’s Intellectual Property Rights, these Terms, or applicable law.

In our sole discretion, we may terminate your access to and use of the Service if we determine that you are a repeat infringer of the Intellectual Property Rights of other parties, including our Intellectual Property Rights, or repeatedly violate these Terms.

You grant to us an exclusive, royalty-free, transferable, irrevocable, worldwide, fully paid-up license (with rights to sublicense through multiple tiers of sublicensees) to fully use, practice and exploit to any modifications, enhancements, evaluations, ideas, feedback and suggestions by you to us regarding the Website or Service (collectively, the "Feedback") and all Intellectual Property Rights in the Feedback without the necessity of any further consideration.

8. Prohibited Conduct

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

in any way that violates any applicable federal, state, local, or international law or regulation.
to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation.
to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us in our sole discretion, may harm us or users of the Service or expose them to liability.
in any manner that could disable, overburden, damage, or impair the Service or interfere with any other user’s use of the Service, including their ability to engage in real time activities through the Service.

In addition, you agree not to:

create, upload, transmit, distribute, or store any Content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable.
use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.
use any device, software, or routine that interferes with the proper working of the Service.
introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.

To the extent permitted by applicable law, we take no responsibility and assumes no liability for any Content or for any loss or damage resulting therefrom, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter when using the Service. We are not liable for any statements or representations included in Content. We do not endorse any Content, opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Content. To the fullest extent permitted by applicable law, we reserve the right to remove, screen, or edit any Content posted or stored on the Service at any time and without notice, including where such Content violates these Terms or applicable law, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Service at your sole cost and expense. Any use of the Service in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Service.

9. LINKS TO OTHER WEBSITES

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such Third-Party Links.

We strongly advise you to read the terms and conditions and privacy policies of any Third-Party Links that you visit.

10. DISCLAIMER; NO WARRANTIES

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis.

WE, FOR OURSELF AND OUR LICENSORS, MAKE NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES IN CONNECTION WITH THE WEBSITE, THE SERVICE, ANY MATERIALS THEREON, OR ANY THIRD-PARTY LINKS, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION, CONTENT, OR OTHER MATERIAL CONTAINED OR PRESENTED ON THE WEBSITE OR SERVICE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, THE SERVICE, ANY MATERIALS THEREON, THE THIRD-PARTY LINKS AND ANY OTHER INFORMATION, CONTENT OR MATERIAL CONTAINED OR PRESENTED ON THE WEBSITE OR SERVICE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER OR OTHER DEVICES. WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION, ANY ERRORS OR DEFECTS WILL BE CORRECTED, OR THE RESULTS OF USING THE WEBSITE OR SERVICE WILL MEET YOUR REQUIREMENTS.

11. INDEMNIFICATION

You agree to defend, indemnify and hold us and our affiliates, service providers, and licensors, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, any use of the Service’s content, services, and products other than as expressly authorized in these Terms, your use of any information obtained from the Service, and the infringement of Intellectual Property Rights or violation of applicable law by the Content.

12. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS, OR the RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IF WE ARE FOUND TO BE LIABLE FOR DAMAGES, SOCREATE’S AGGREGATE LIABILITY WILL BE LIMITED TO THE AMOUNT OF FIVE HUNDRED DOLLARS.

13. Dispute Resolution and Binding Arbitration

13.1. As used in this Dispute Resolution and Binding Arbitration Provision ("Arbitration Provision"), the terms "Luna Labs," "we," "us," and "our" refer to Luna Labs LLC, including its subsidiaries and agents. The word "Claims" means all claims, disputes, or controversies between you and us of any nature or kind, whether pre-existing, present, or future, that arise from or relate to the Service. This includes but is not limited to disagreements about the validity, enforceability, or scope of this Arbitration Provision.
13.2. If a dispute arises between you and Luna Labs, you should first attempt to resolve it by sending the details of your complaint, including your contact information for a response, to the address or email address listed below. We will attempt in good faith to resolve all Claims submitted this way within fifteen (15) days of receipt.
13.3. If informal efforts to resolve Claims fail or are not used, you agree that any and all Claims will be resolved exclusively by binding arbitration as described herein, except that: (i) you may assert Claims in a small claims court in the United States if your Claims meet the court’s jurisdictional requirements; and (ii) either party may pursue Claims and relief in a court of competent jurisdiction regarding the validity and/or infringement of a party’s Intellectual Property Rights.
13.4. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD TO YOU ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND FORMS OF RELIEF AS A COURT COULD (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF AS WELL AS STATUTORY DAMAGES) AND MUST FOLLOW THE LAW AND THESE TERMS AS A COURT WOULD. ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS AND PRIVATE ATTORNEY GENERAL ACTIONS ARE NOT PERMITTED. IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY ARCTO IN WRITING WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST ACCEPTS OR HAS ACCESS TO THESE TERMS BY MAILING OR EMAILING AN OPT-OUT REQUEST TO OUR CUSTOMER SERVICE CENTER LISTED BELOW. YOUR WRITTEN NOTIFICATION MUST INCLUDE YOUR NAME, ADDRESS, THE EMAIL ADDRESS YOU USED TO REGISTER WITH US, AND A CLEAR STATEMENT THAT YOU DOES NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH US OR THE DELIVERY OF THE SERVICE TO YOU BY US. IF YOU HAS PREVIOUSLY NOTIFIED US OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.
13.5. The allocation and payment of all filing, administration and arbitrator fees will be governed by the American Arbitration Association ("AAA") rules which limit the amount a consumer is required to pay. If the arbitrator determines that your Claims are not frivolous applying the standards of the Federal Rules of Civil Procedure, we agree to reimburse you the amount of all filing, administration and arbitrator fees you are required to pay for the arbitration.
13.6. The arbitration will be conducted by AAA under its rules if you are a resident of the United States; if your use of the Service has been principally for personal or household use, the AAA’s Supplementary Procedures for Consumer-Related Disputes will also apply. If you are a resident of a country other than the United States, the arbitration will be conducted by the AAA’s International Centre for Dispute Resolution with the venue in Seattle, Washington, USA, under its rules for international arbitration. The parties agree to submit to the personal jurisdiction of the U.S. federal court for the State of Washington, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In the event of a conflict or inconsistency between the applicable arbitration rules and this Arbitration Provision, this Arbitration Provision shall govern and control. The arbitration will be conducted in the English language by a single arbitrator who is an attorney-at-law with experience in consumer and technology transactions and who is also a member of the AAA National Roster of Arbitrators. If the parties can’t agree on a mutually acceptable arbitrator within fifteen (15) days after the arbitration is initiated, then the AAA will pick a neutral arbitrator who meets the qualifications. The AAA’s rules are available at www.adr.org, or by calling 1-800-778-7879 from inside the United States or +1-212-484-4181 from outside the United States.
13.7. To begin an arbitration proceeding, you must follow the procedures specified by the applicable AAA rules as described on their website at www.adr.org.
13.8. YOU MUST FILE A COMPLAINT WITH AAA OR A PERMITTED COURT WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A CLAIM, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS OR DISPUTE.
13.9. Because appearing in person for arbitration can be unduly burdensome in the circumstances, arbitration under this Arbitration Provision shall not require any personal appearance by the parties or witnesses unless mutually agreed. Either or both parties may participate by written submissions, telephone calls, or other means of remote communication as allowed by the arbitrator. The arbitration proceedings will be conducted in the English language at a location designated by the AAA that is the most convenient for User. The arbitration can only decide Claim(s) between User and us, and may not consolidate or join the claims of other persons that may have similar claims. There shall be no pre-arbitration discovery except as provided for in the applicable AAA rules. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect your account information. In conducting the arbitration proceeding, the arbitrator will apply the law of the State of Delaware (without regard to its conflicts of law provisions) including U.S. federal law for matters covered by federal law (e.g., the Federal Arbitration Act). At the request of any party, the arbitrator shall provide a brief written explanation of the basis for the decision and award. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding on the parties except for any right to appeal under the AAA rules or the Federal Arbitration Act.
13.10. If the arbitrator rules in your favor on the merits of any Claim brought against us and issues a damages award in your favor that is greater in monetary value than our last written settlement offer made before written submissions are made to the arbitrator, then when the judgment is final we will pay you the damage award judgment plus fifty percent (50%) up to US$1,000 over and above the damages award, plus your reasonable attorneys’ fees for the arbitration proceeding.
13.11. The parties shall keep confidential any information exchanged during the arbitration as well as the decision of the arbitrator made with respect to any Claim(s) arbitrated under this Arbitration Provision and, with the exception of disclosure to your or our attorneys, accountants, auditors, and other legal or financial advisors, neither party shall disclose such information or decision to any other person unless required to do so by law.
13.12. This Arbitration Provision shall survive termination of your access to or use of the Service and related agreements. If any portion of this Arbitration Provision is deemed invalid or unenforceable at law, such invalid or unenforceable provision will be interpreted, construed or reformed to the extent required to make it valid and enforceable, and this shall not invalidate the remaining portions of this Arbitration Provision.

14. Governing Law; Jurisdiction

You agree that the laws of the state of Delaware, without regard to conflicts of law provisions will govern these Terms and any dispute that may arise between you and us.

Any legal suit, action, or proceeding arising out of, or related to, these Terms shall be instituted exclusively in the state or federal courts Seattle, Washington. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

15. Termination

You agree that the laws of the state of Delaware, without regard to conflicts of law provisions will govern these Terms and any dispute that may arise between you and us.

You may terminate your account at any time by submitting a request to delete your account to contact@skycastle.ai from the email associated with your account. This action is irreversible. If you delete your account, all the data associated with your use of the Service will be removed permanently.

16. Changes

We reserve the right, at its sole discretion, to modify or replace these Terms at any time. We will use reasonable efforts to provide five (5) days’ prior notice to you prior to any modification or replacement of these Terms.

By continuing to access or use the Service after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you are no longer authorized to use the Service.

17. Miscellaneous

If any provision of these Terms is found to be inconsistent with applicable law, then such provision shall be interpreted to reflect the intentions of the parties, and no other provisions will be modified. Our failure to enforce any provision of these Terms is not a waiver of such provision. These Terms are the entire agreement between you and us and supersede all prior or contemporaneous negotiations, discussions or agreements between you and us about the Website or Service. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind us in any respect whatsoever. Provisions that, by their nature, should survive termination of these Terms shall survive termination. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations hereunder without consent.

18. Customer Service Center; Contact Us

If you have any questions about these Terms, please get in touch with us at contact@skycastle.ai.