Terms of Service

Part I - Definitions

1. The "Agreement" or "Terms: refers, collectively, to all the Terms, conditions, notices contained or referenced in this document (the "Terms of Service") and all other operating rules, policies (including the Privacy Policy) and procedures that we may publish from time to time on the Website.
2. The "Service" or "Services" refers to the applications, software, products, and services provided by the Company known as Community.lawyer, P.B.C. (doing business as Afterpattern). This includes but is not limited to the Company's websites and its Microsoft Office Word Add-in (the Add-in product is referred to as "Afterpattern: Document Automation").
3. The "Website" or "Websites" refers to the Company’s domains located at afterpattern.com, afterpattern.app, afterpattern.site, community.lawyer, app.law, portal.law, via the company's Microsoft Word Add-in, and all Content, Services, and products provided by the Company at or through these domains, as well as any other websites powered by our Services.
4. "User," "You," and "Your" refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the Account; or that directs the use of the Account in the performance of its functions. A User must be at least 18 years of age.
5. "Community.lawyer," "Afterpattern," "the Company," "We," and "Us" refer to Community.lawyer, P.B.C. (doing business as Afterpattern), as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
6. “Content” refers to Content featured or displayed through the Websites, including without limitation text, data, articles, images, files, photographs, graphics, software, applications, designs, features, and other materials that are available on the Websites or otherwise available through the Services. "Content" also includes Services. "User-Generated Content" is Content, written or otherwise, created or uploaded by our Users. "Your Content" is Content that you create or own.
7. An "Account" represents a type of legal relationship the User has with Company.
8. A “User Account” represents an individual User’s authorization to log in to and use the Services and serves as a User’s identity on Website.
9. “Automation Platform” refers to types of Services we provide that enable Users to create, use, and deploy web automations, including web applications (called “Apps”), databases, and portals, as well as functionality for sharing, selling, duplicating, and subscribing to such web automations.
10. “Automations” refer to certain types of Content -- specifically, Apps, databases, and portals -- that Users can specify and generate via the Automation Platform Service and that can be used to collect and process information inputted by Endusers and/or retrieved from other data sources.
11. "Communities" and "Marketplaces" refer to shared spaces that are part of our Automation Platform Services and that may be associated with a single entity or with one or more Users where multiple Users can share, view, duplicate, and subscribe to User-Generated Content. A User Account can be a member of any number of Communities or Marketplaces.
12. "Client Portals", "Customer Portals" and "Portals" refer to websites that can be built by Users of our Automation Platform Services and that Endusers log into to access User-Generated automations.
13. "Endusers" are parties whose information and inputs may be collected and processed by apps built by Users or via Portals that Users make available.

Part II - General Terms

Before using our Service or Website, the Company requires you to read and agree to the following Terms. These Terms govern your use of and access to the Website and Services provided by the Company.

You should review these Terms periodically as we may update them from time to time:

BY ACCESSING OR USING THE SERVICES, YOU AGREE THAT YOU AND YOUR AGENTS AND ENDUSERS ARE BOUND BY THESE TERMS OF SERVICE. THESE TERMS INCLUDE AN ARBITRATION AGREEMENT, WAIVER OF CLASS­-ACTION RIGHTS, AND LIABILITY LIMITATIONS.

YOU MAY NOT ACCESS OR USE THIS SERVICE IF: (I) YOU CHOOSE NOT TO AGREE TO THE TERMS, (II) YOU ARE UNDER 18 YEARS OF AGE, (III) YOU DO NOT HAVE THE FULL POWER AND AUTHORITY TO ENTER INTO AND FOLLOW THESE TERMS, OR (IV) YOUR AGREEMENT TO AND FOLLOWING OF THESE TERMS DOES OR WILL BREACH OR CONFLICT WITH ANY OTHER AGREEMENT OR ARRANGEMENT YOU HAVE WITH SOMEONE ELSE OR OTHERWISE VIOLATES THE LAW.

We reserve the right to revise these Terms. Changes to these Terms are effective upon posting on our Website. After such posting, your continued use of the Websites and/or Services constitutes your acceptance of those changes.

A. Services Community.lawyer Does Not Provide

The Company does not provide any of the following:

1. Attorney Endorsements, Recommendations, or Referrals: While we provide Services that Users may use to operate their own referral services, the Company does not operate a referral service and does not endorse or recommend any Users (e.g., attorneys or legal organizations). Any reviews, ratings, or other descriptions of or opinions regarding Users published on the Company do not guarantee or predict future results and should be relied on solely at your own risk.
2. Legal Advice, Legal Opinions, Legal Services, or Legal Representation: the Company is not a law firm and is not engaged in the practice of law. Users are not employees or agents of the Company.
3. Services that Create An Attorney-Client Relationship: Your use of our Service, including but not limited to requesting a consultation or referral from other Users, does not create attorney-client relationships with the Company or other Users. When Users initiate contact with another User via the Company and that results in an attorney-client relationship being formed at any time, including but not limited to during a consultation facilitated by our Services, the Company has no involvement in that relationship nor in any agreements arising out of the relationship. The Company does not accept any portion of an attorney’s fees, and we are not liable or responsible for any professional Services provided by or acts or omissions of Users.
4. Guarantees of the Identity of Users: The Company does not warrant or represent the accuracy of User identities or claims made by Users. We encourage you to research and, where appropriate, request further proof of any identities or claims made by other Users, particularly when entering into an attorney-client relationship. Where Users provide identity-related information that is untrue, inaccurate, not current, or incomplete, or if the Company suspects that such information is untrue, inaccurate, not current, or incomplete, the Company may (but is under no obligation to) suspend or Terminate said Users’ accounts and refuse current or future use of the Company.

B. Prohibited Use

The Company reserves the right to monitor our Services for the purpose of determining that use of the Services and Websites complies with these Terms. YOU AGREE THAT YOU WILL NOT, DIRECTLY OR INDIRECTLY:

1. Use the Service, including but not limited to transmitting Content, for any unintended purposes or in a manner that represents unauthorized practice of law or violates these Terms or any law, rule of professional conduct, or regulation;
2. Use the Service, including but not limited to transmitting Content, in a manner that abuses, threatens, defames, libels, incites hatred or violence toward, victimizes, intimidates, or otherwise harasses any person or group of persons;
3. Use the Service, including but not limited to transmitting Content, in a manner that discriminates on the basis of race, color, ethnicity, national origin, ancestry, religion, gender identity or expression, sexual orientation, age, military or veteran status, marital status, or disability;
4. Use the Service, including but not limited to transmitting Content, in a manner that is pornographic or obscene;
5. Except as expressly permitted by these Terms, copy, reproduce, modify, distribute, display, create derivative works of, or transmit any Content on the website or part of the Service;
6. Use the Service or any of our marks commercially, for benchmarking, or to compile Content for a competitive product or Service, or;
7. Reverse engineer, decompile, tamper with, or disassemble the technology used to provide the Service (except as and only to the extent any foregoing restriction is prohibited by a non­waivable provision of applicable law or to the extent as may be permitted by the licensing Terms governing use of any open­-source components), or otherwise attempt to obtain source code;
8. Interfere with or damage the Service or our servers, including but not limited to through the use of viruses, malware, harmful code, denial of service attacks, forged information, or similar methods or technology, or through any form of excessive bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes;
9. Reproduce, duplicate, copy, sell, resell, compile, or exploit any portion of the Service, use of the Service, or access to the Service without the Company's express written permission;
10. Scrape Company for spamming purposes (including for the purposes of selling the Company users' personal information, such as to recruiters, headhunters, and job boards), in a manner that violates these Terms or the rights of others, or in a manner disallowed by the robots.txt page (https://afterpattern.com/robots.txt) of our Website;
11. Impersonate or misrepresent your identity or affiliation with a person, entity or organization, or use a false identity;
12. Attempt to obtain unauthorized access to the Service or any materials or information not intentionally made available through the Service;
13. Violate, misappropriate, or infringe a third party’s intellectual property or other right through the Service; or
14. Interfere with any third party’s ability to use or enjoy, or our ability to provide, the Service (e.g., by attempting to disrupt or tamper with the Company's servers in ways that could harm our Website or Service, to place undue burden on the Company's servers through automated means, or to access the Company's Service in ways that exceed your authorization).

The Company prohibits the conduct and Content described above and, without obligation, may take measures to prevent or eliminate such conduct and Content on the Company (e.g. pre-screening, monitoring, and/or removing offending Content/conduct). Users agree that they may be exposed to such conduct and Content and that they bear all risks associated with such exposure. The Company is not responsible for any Content, information, or materials posted by Users, including but not limited to any reliance on the accuracy, completeness, or usefulness of such materials, information, or Content.

C. Intellectual Property Notice

1. Company's Rights to Content: The Company and our licensors, vendors, agents, and/or our Content providers retain ownership of all intellectual property rights of any kind related to the Websites and Services. We reserve all rights that are not expressly granted to you under this Agreement or by law. The look and feel of the Websites and Services is copyright © Community.lawyer, P.B.C. / Afterpattern, All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from the Company. The Company makes available its Content, Services, and Website strictly for authorized use by Users. This does not mean we are assigning any ownership or right of exploitation to Users.
2. License to the Company's Policies: This Agreement is licensed under the Creative Commons Zero license.

D. User Generated Content and Third-Party Submissions

1. User-Generated Content: (a) Responsibility for User-Generated Content: The Company may include Services that allow you to generate Content. You are solely responsible for the Content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content; (b) Company May Remove Content: We do not pre-screen User-Generated Content, but we have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any Company Terms or policies; (c) Ownership of Content, Right to Post, and License Grants: You retain ownership of and responsibility for Your Content. If you’re posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post. Because you retain ownership of and responsibility for Your Content, you grant us — and other Company Users — certain legal permissions listed in other Sections of these Terms. These license grants apply to Your Content. If you upload Content that already comes with a license granting the Company the permissions we need to run our Services, no additional license is required. You understand that you will not receive any payment for any of the rights granted to the Company. The licenses you grant to us will end when you remove Your Content from our servers, unless you granted a license to duplicate or subscribe to your Content; (d) License Grant to Us: You grant us and our legal successors the nonexclusive, worldwide, and royalty-free right to use, copy, reproduce, display, modify, adapt, distribute, and perform your Content solely to render the Websites and provide the Services. The license you grant to us also extends to third-party vendors, Services, and hosting partners we may rely on to provide the hardware, software, networking, storage, monitoring, and other technology reasonably related to rendering the Website and providing the Service. This license does not grant the Company the right to sell Your Content or otherwise distribute or use it outside of our provision of the Services; (e) Digital Millennium Copyright Act Complaints: If a person believes that Content on our Website or Service violates your copyright, please contact us by emailing hello@afterpattern.com. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses. Company encourages Users to file counter-notifications when they believe a DMCA takedown demand is improper. For information on how to respond to improper demands, consult the Chilling Effects (https://www.chillingeffects.org/) website. We will terminate the Accounts of repeat infringers of this policy.

1. Enduser-Generated Submission Data: (a) Responsibility for Enduser-Generated Content: The Company may include Services that allow your App and/or Portal Endusers to submit or otherwise input data (“Submission Data”). You are solely responsible for Submission Data that your Endusers post, upload, link to or otherwise make available via the Services. We are not responsible for any public display or misuse of Submission Data; (b) Company May Remove Content: We do not pre-screen Submission Data, but we have the right (though not the obligation) to refuse or remove any such Data that, in our sole discretion, violates any Company Terms or policies; (c) Ownership of Content, Right to Post, and License Grants: As between the Company and you the User, you retain ownership of and responsibility for Submission Data. If your Endusers are submitting data they did not create themselves or do not own the rights to, you agree that you are responsible for any data they submit and that you will fully comply with any third party licenses relating to Content you post; (d) License Grant to Us: You grant us and our legal successors the nonexclusive, worldwide, and royalty-free right to use, copy, reproduce, display, modify, adapt, distribute, and perform Submission Data solely to render the Websites and provide the Services. The license you grant to us also extends to third-party vendors, Services, and hosting partners we may rely on to provide the hardware, software, networking, storage, monitoring, and other technology reasonably related to rendering the Websites and providing the Services. This license does not grant the Company the right to sell Submission Data or otherwise distribute or use it outside of our provision of the Service; (e) Digital Millennium Copyright Act Complaints: If a person believes that Submission Data on our Website or Service violates your copyright, please contact the User who provides the related App or Client Portal. You may also email us at hello@afterpattern.com. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses. The Company encourages Users to file counter-notifications when they believe a DMCA takedown demand is improper. For information on how to respond to improper demands, consult the Chilling Effects (https://www.chillingeffects.org/) website. We will terminate the Accounts of repeat infringers of this policy; (f) Submission Data Deletion/Removal: If you remove your Submission Data (by deleting the Data, downgrading an account to lower storage levels, etc.) or deleting your account, the Company may immediately and permanently remove associated Submission Data.

E. Payments to the Company

The Company may offer Users paid Services. To use these Services, Users must provide the Company with a valid credit card for payment. User will be charged in advance during the applicable payment period (e.g., each month or each year for subscriptions).

1. Cancellation: Users can cancel a subscription at any time by using their account to delete the paid subscription or by removing a client from a client portal (as applicable). For security reasons, cancellations cannot be accepted by any other means. No charges will be assessed for cancellation of a subscription. Subscribers who cancel a subscription prior to the end of the current billing cycle will not be charged for that subscription in the following cycle or any cycles thereafter.
2. Upgrades & Downgrades: The amount charged on the next billing cycle will be automatically updated to reflect any changes to the subscription, including upgrades or downgrades. Subscription changes, including downgrades, may result in loss of access to Content, features, or an increase or reduction in the amount of available capacity for Content provided by the Service.
3. Price Changes: All prices are subject to change upon notice. Such notice may be provided by an e-mail message to the User's email or by other reasonable means.
4. Suspension or Termination of Services, Accounts, or Subscriptions: As provided elsewhere in these Terms, Community.lawyer has the right to suspend or discontinue providing Services to any User for actions that are in violation of this Agreement. We may (but are under no obligation to) provide prior notice of suspension or termination of paid Services if we believe the violation doesn’t create a security risk or other exigent circumstances.
5. Payment Processing: Community.lawyer may process payment using Stripe, LawPay/AffiniPay, or any like payment processor that Community.lawyer, in its sole discretion, chooses to use. By using the payment processing Services, Users agree to the applicable services agreement of our payment processor. Community.lawyer makes no warranties or representations in regards to services provided by payment processors.
6. Refund Policy: All charges are final unless otherwise provided in these Terms. Users are not entitled to refunds or credits for partial periods of Service but may request such refunds or credits by emailing hello@afterpattern.com. The Company takes user satisfaction seriously and may (but is under no obligation to) provide the requested refund or credit in its sole discretion.

Part III - Specific Terms

In accordance with Part II Section D (related to User-Generated Content) of these Terms, you retain ownership of Your Content, including your automations and Content incorporated into automations you generate using our Services. Under the conditions described in this Section, you grant certain legal permissions to the Company and other Users when you perform certain acts in relation to such automations and Content.

1. Automations in Test Mode: Users may create or use an automation in test mode. By doing so, you grant no license or permissions to the app and its Content beyond those licenses or permissions otherwise described in these Terms.
2. Automations activated to “My Account”: Users may choose to activate an app to “My Account”. By doing so, you grant no license or permissions to the app and its Content beyond those licenses or permissions otherwise described in these Terms. You may, in your sole discretion, choose to share links or access to the automation and its Content with other Users or with the public (e.g., you may choose to have your automation indexed by a search engine, or share an automation for use by others within your organization, share it with clients, or publicly on your own personal or business website or service).
3. Automations activated to private Communities/Marketplaces: Users may choose to activate an app to a private Community or Marketplace. By doing so, Users grant the Company the right to index and advertise the automation and its associated Content (e.g., its app/marketing page) via its Website and Service solely to members of the private Community/Marketplace to which the automation is activated. Users can choose to activate an automation to a private Community/Marketplace with different combinations of the following permissions: run, subscribe, and duplicate. The license the User grants to other Users in the private Community/Marketplace and to Endusers depends on these permissions and may be subject to in-app fees, subscription fees, and/or duplication fees charged by the User. (1) Run: By activating an automation to a private Community/Marketplace with Run permissions, a User grants other Users in the private Community/Marketplace a non-exclusive, revocable, non-transferable, non-sublicensable, worldwide license to run the automation (e.g., by visiting the automation’s url directly or clicking the “Run” button on the automation’s App/Marketing Page) solely via the Websites and Services. The license granted does not include the right to share, reproduce, sell, sublicense, or transfer the automation or its associated Content. The license terminates at the time the automation is no longer activated with Run permissions to the applicable Community/Marketplace; (2) Subscribe: By activating an automation to a private Community/Marketplace with Subscribe permissions, a User grants other Users in the private Community/Marketplace a non-exclusive, irrevocable, non-transferable, non-sublicensable, worldwide license (1) to run a customized copy of the automation solely via the Websites and Services; and (2) to permit other Users and their Endusers to run the customized copy of the automation solely by way of activating the automation to “My Account” or “Portals”. The license granted does not include the right to share the automation in other manners (e.g., by activating it to Communities/Marketplaces), or to reproduce, sublicense, or transfer the automation or its associated Content. The license terminates at the time the subscription copy of the automation is deleted by the subscribing User; (3) Duplicate: By activating an automation to a private Community/Marketplace with Duplicate permissions, a User grants other Users in the private Community/Marketplace a non-exclusive, irrevocable, non-transferable, non-sublicensable, worldwide license (1) to run a copy of the automation, whether modified or not, solely via the Website and Service; (2) to permit other Users and their Endusers to run the copy of the automation, whether modified or not, solely via the Websites and Services; and (3) to activate one or more copies of the automation, whether modified or not, to other Communities/Marketplaces solely via the Website and Service. The license terminates at the time the duplicate copy or copies of the automation are deleted by the duplicating User.
4. Automations activated to public Communities/Marketplaces: Users may choose to activate an automation to a public Community/Marketplace. By doing so, Users grant the Company the right to index and advertise the automation and its associated Content (e.g., its App/Marketing Page) via the Website and Services to any User, Enduser, and to the public. Users can choose to activate an automation to a public Community/Marketplace with different combinations of the following permissions: run, subscribe, and duplicate. The license the User grants to other Users, Endusers, and the public depends on these permissions and may be subject to in-app fees, subscription fees, and/or duplication fees charged by the User: (1) Run: By activating an automation to a public Community/Marketplace with Run permissions, a User grants other Users and Endusers a non-exclusive, revocable, non-transferable, non-sublicensable, worldwide license to run the automation (e.g., by visiting the automation’s url directly or clicking the “Run” button on the automation's App/Marketing Page) solely via the Websites and Services. The license granted does not include the right to share, reproduce, sell, sublicense, or transfer the automation or its associated Content. The license terminates at the time the automation is no longer activated with Run permissions to the applicable Community/Marketplace; (2) Subscribe: By activating an automation to a public Community/Marketplace with Subscribe permissions, a User grants other Users a non-exclusive, irrevocable, non-transferable, non-sublicensable, worldwide license (1) to run a customized copy of the automation solely via the Websites and Services; and (2) to permit other Users and their Endusers to run the customized copy of the automation solely by way of activating the automation to “My Account” or “Client Portals”. The license granted does not include the right to share the automation in other manners (e.g., by activating it to Communities/Marketplaces), or to reproduce, sublicense, or transfer the automation or its associated Content. The license terminates at the time the subscription copy of the automation is deleted by the subscribing User; (3) Duplicate: By activating an automation to a public Community/Marketplace with Duplicate permissions, a User grants other Users and their Endusers a non-exclusive, irrevocable, non-transferable, non-sublicensable, worldwide license (1) to run a copy of the automation, whether modified or not, solely via the Websites and Services; (2) to permit other Users and their Endusers to run the copy of the automation, whether modified or not, solely via the Websites and Services; and (3) to activate one or more copies of the automation, whether modified or not, to other Communities/Marketplace. The license terminates at the time the duplicate copy or copies of the automation are deleted by the duplicating User.
5. Earnings & Payouts to Users in Communities/Marketplace: When (1) an automation activated to one or more Communities/Marketplaces processes an in-app purchase or is subscribed to or duplicated for a fee, or (2) a User’s Community/Marketplace is subscribed to for a fee, the User who activated the automation or created the Community/Marketplace, respectively, receives the payment in their connected Stripe account. Stripe deducts the following fees from that payment: (1) Stripe Processing Fee: In accordance with its Terms of Service which the User has separately agreed to, Stripe assesses transaction fees on payments (e.g., 2.9% plus 30 cents per transaction); (2) Marketplace Fee: the Company receives 20% of the payment for our role in providing marketplace and automation technology infrastructure.
6. Refund Policy related to in-app payments, subscription fees, and duplications fees via automations activated to Communities/Marketplace and to subscription fees to Communities/Marketplace  You agree to the following Automation Purchases Refund Policy when you activate an automation to a Community/Marketplace, make a purchase via an automation activated to a Community/Marketplace, or pay a fee to subscribe to or duplicate an automation activated to a Community/Marketplace or to subscribe to a Community/Marketplace: see here

1. Refund Policy related to in-app payments via automations activated to My Account, in-app payments via Portals, and Portal Enduser subscription payments via Portals: You agree that the Company is under no obligation to refund any transaction fees (as disclosed and periodically update on this page: www.afterpattern.com/pricing) we may charge you except as required by Stripe’s Terms of Service.
2. Modifications of and Exceptions to Refund Policies: We may, in our sole discretion, modify our Refund Policies or, on a case-by-case basis, issue a refund for a reason that falls outside of our Refund Policies. Users who activate an app in a Community/Marketplace or Portal may issue a refund for (1) purchases in, subscriptions to, or duplications of their app to other Users, (2) subscriptions to Portals or Communities/Marketplaces, and/or (3) purchases in automations published to Portals or to My Account. However, doing so does not entitle the User who activated the automation to a refund from the Company for any marketplace or transaction fees.
3. Money back guarantee for subscriptions to the Automation Builder service: The Company provides a 30-day money-back guarantee to Users who have a paid subscription to our Automation Builder service. This money-back guarantee does not apply to other products or services that may be offered via the Website, including in-app purchases, automation subscriptions, portal subscriptions, or duplication fees. The Terms of the guarantee are as follows: (1) The guarantee can only be used by a User or the legal entity on whose behalf the User is using the Account (e.g., a business, nonprofit, or government agency) one time in any 10 year period; (2) Requests for a refund must be submitted by email to hello@afterpattern.com within 30 days of the commencement of the subscription. In the email, the User must include a description of why they are not satisfied with the Service; (3) Valid requests that are submitted by eligible Users in a timely manner will be honored within 30 days of the receipt of the request.

Part IV - Disclaimers

While we try to keep the Company safe, secure, and well functioning, using our Services exposes Users, Endusers, and Website Visitors to some risks. The Company is not responsible for any harm you may experience. Furthermore:

THE SERVICE, AND ALL MATERIALS, CONTENT, AND PRODUCTS INCLUDED IN OR MADE AVAILABLE IN CONNECTION WITH THE SERVICES, ARE PROVIDED “AS IS,” WITH NO REPRESENTATIONS OR WARRANTIES WHATSOEVER. COMMUNITY.LAWYER AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, LATENT DEFECTS, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON­INFRINGEMENT, AND QUIET ENJOYMENT.

THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ITS USE WILL: (I) BE UNINTERRUPTED OR SECURE, (II) BE FREE OF DEFECTS, INACCURACIES, OR ERRORS, OR OTHERWISE CURRENT OR COMPLETE, (III) MEET USER OR ENDUSER REQUIREMENTS, (IV) OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE USERS OR ENDUSERS USE OR THIRD PARTY WEBSITES OR APPLICATIONS, OR (V) BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICES.

Part V - Limitation of Damages

The Company’s liability for any damages you or a third party may incur is limited as follows:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS MEMBERS, AFFILIATES, DIRECTORS, ASSOCIATES, PARTNERS, AGENTS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, OR ATTORNEYS’ FEES), ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES OR WEBSITES, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF THE COMPANY OR SUCH OTHER PERSONS OR ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL THE CUMULATIVE, AGGREGATE LIABILITY OF THE COMPANY IN CONNECTION WITH THE WEBSITES AND SERVICES EXCEED $100 OR THE AMOUNTS YOU PAID TO THE COMPANY IN CONNECTION WITH THE PARTICULAR PRODUCT OR SERVICE AT ISSUE, WHICHEVER IS GREATER.

YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR IN OTHER JURISDICTIONS OR COUNTRIES. BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, OR LIMITATIONS ON OR EXCLUSIONS OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO A USER OR ENDUSER DEPENDING ON HER, HIS, OR THEIR STATE OR NATION OF RESIDENCE.

Part VI - Indemnity

You agree to indemnify the Company for all costs in connection with claims.

You agree to defend, indemnify, and hold the Company its affiliates, and their respective employees, representatives, agents, attorneys, directors, officers, and members harmless from any damage, loss, cost, or expense (including but not limited to attorneys’ fees and costs) incurred in connection with any third party claim, demand, or action brought or asserted against any of the indemnified parties: (i) alleging facts or circumstances that would constitute a breach of any provision of these Terms by you; (ii) arising from or related to your use of the Services; or (iii) arising from or related to your User Content. If you are required to provide indemnification, the Company may, in its sole and absolute discretion, control any claim at your sole cost and expense. You may not settle, compromise, or in any other manner dispose of any claim without the Company’s consent.

Part VII - Changes to the Service; Termination

The Company may terminate or modify the Services or your use of the Websites at any time unless termination procedures are otherwise provided in a Software License Agreement the User has separately entered into with the Company (in which case termination is governed by that agreement) or in another section of this Agreement. The Company may, in its sole and absolute discretion and without any liability, modify, suspend, or discontinue any aspect of the Services, temporarily or permanently, at any time. We may deny you access to all or part of the Services at any time for any reason or no reason at all. If we Terminate your use of the Services, you must cease all use of the Services immediately. These Terms will survive indefinitely unless and until the Company chooses to terminate them. Unless otherwise required by law, we will notify you when we make changes to these Terms.

Part VIII - Disputes

If you have any dispute with us, you agree that before taking any formal action, you will contact us at hello@afterpattern.com, provide a brief, written description of the dispute, and your contact information and allow sixty days to pass, during which we will attempt to reach an amicable settlement of any issue. Disputes are further limited by the following: These Terms, your use of the Service, and any other matter relating to the Company will be governed by the laws of the state of New York, without regard to conflict of laws principles. These Terms and each of its parts evidence a transaction involving interstate commerce, and the United States Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any claims arising out of, relating to, or connected with these Terms must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Terms and the AAA Supplementary Procedures for Consumer­ Related Disputes (including, without limitation, utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel) in New York, New York. The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The Arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms, including but not limited to any claim that all or any part of these Terms is void or voidable or a particular claim is subject to arbitration. Judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction. There are only two exceptions to this arbitration agreement:

First, if we reasonably believe that you have in any manner violated or threatened to violate these Terms, we may seek injunctive or other appropriate relief in any court of competent jurisdiction.

Second, any claim of $1,000 or less may, at the option of the claiming party, be resolved in small claims court in New York, New York if the claim and the parties are within the jurisdiction of the small claims court.

BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.

REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE, SERVICE, OR THE TERMS MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.

Part IX - Miscellaneous

Except as provided in any applicable Software License Agreement and/or Data Processing Addendum between the Company and the User, these Terms (which incorporate our Privacy, Security, and Cookie policies) make up the entire agreement between the parties regarding the Company and supersedes any prior agreements.

Under no circumstances will the Company or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond the Company’s reasonable control.

The Services is controlled and offered by the Company from the United States of America. Unless provided elsewhere in our agreement with the User, the Company makes no representation that the Services may be used in or complies with the laws of other locations. Use from other locations is at your own risk. You consent to processing in the United States of America of the data you provide.

If you provide us with your email address, you agree that we may send you emails related to the Service or your account. If you do not want to receive promotional emails related to the Service, you can opt­ out by following the instructions in our messages. You may not opt out of emails relating to the administration of any Service you request. We will communicate with you by email or by posting notices on the website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you have a legal requirement to communicate with or give notice to us, you must email them to hello@afterpattern.com.

If you provide us with your email address, you agree that we may send you emails related to the Service or your account. If you do not want to receive promotional emails related to the Service, you can opt­ out by following the instructions in our messages. You may not opt out of emails relating to the administration of any Service you request. We will communicate with you by email or by posting notices on the website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you have a legal requirement to communicate with or give notice to us, you must email them to hello@afterpattern.com.

You acknowledge that you have read, understood, and are bound by these Terms of Service, as well as by the Privacy Policy of the Company. If you have any questions about this agreement, please email us at hello@afterpattern.com.