Terms of Service

What Amaze Live is. Amaze Live is a livestream commerce platform that allows hosts (“Hosts”) to present and discuss products in real-time video broadcasts (“Streams”) and allows viewers (“Viewers”) to watch, interact through chat, reactions, and other on-platform tools, and follow links to purchase those products from third-party retailers, brands, or merchants (“Merchants”). The Service includes the Amaze Live website, applications, broadcasting tools, viewer-interaction features, product display and link-out functionality, account services, and any related features we make available from time to time.

Who you are. “You” refers to the individual accessing or using the Service. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and “you” includes that organization. References in these Terms to “Users” include both Hosts and Viewers unless context requires otherwise.

Relationship to Spring. Amaze Live is operated by Amaze Software, Inc., an affiliate of Spring (operated by Amaze Holding Company, LLC d/b/a Spring). Some products presented on Amaze Live are sold through Spring storefronts. When you click a product link that directs you to Spring, your transaction with Spring is governed by Spring’s separate Terms of Service and Privacy Policy (together, the “Spring Terms”), which are incorporated into these Terms by reference solely with respect to Spring-flow transactions. Where the Spring Terms apply to a transaction, the Spring Terms govern that transaction; these Terms continue to govern your use of Amaze Live itself.

Additional documents. These Terms incorporate by reference our Privacy Policy, Community Guidelines, and any additional terms presented to you in connection with specific features (collectively with these Terms, the “Agreement”). Hosts are also subject to a separate Host Agreement. If a conflict arises between these Terms and any feature-specific terms applicable to a particular feature, the feature-specific terms govern with respect to that feature.

Electronic communications. You agree that we may communicate with you electronically regarding security, privacy, account, and administrative matters relating to your use of the Service. If we learn of a security breach, we may attempt to notify you electronically by posting a notice on the Service or by sending an email to the address associated with your account. You may have a legal right to receive this notice in writing; to withdraw your consent to electronic notice of a security breach, contact us at security@amaze.co.

Minimum age. You must be at least eighteen (18) years old to access or use any part of the Service, including as a Viewer. The Service is not directed to, and is not intended for use by, anyone under 18. We do not knowingly collect personal information from anyone under 18.

Age verification. During account creation we may ask for your date of birth and may use additional verification methods at our discretion. If we learn that a User is under 18, we will terminate the account and delete associated personal information consistent with our Privacy Policy and applicable law.

Geographic restrictions. At launch, the Service is available only to Users located in the United States. We may decline to provide the Service to any User or in any jurisdiction at our discretion, and we may restrict access to certain features by location.

Compliance with law. You represent that you are not subject to U.S. economic sanctions, are not located in a country subject to comprehensive U.S. sanctions, and are not on any restricted-party list maintained by the U.S. government. In connection with your use of the Service, you will comply with all applicable laws, regulations, and industry standards.

Registration. Certain features of the Service require registration. If you register, you agree to provide accurate, current, and complete information and to keep that information up to date. You may not create an account using false information or on behalf of someone other than yourself.

Account security. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account, including activity by anyone you authorize. Notify us immediately at security@amaze.co if you suspect unauthorized access to your account or any other breach of security.

Multiple accounts. You may not operate or maintain multiple accounts on the Service without our prior written consent. If you have a legitimate business need for a second account (for example, a separate Host account distinct from a personal Viewer account), you may request an exception by contacting support@amaze.co.

No transfer. You may not sell, transfer, assign, or grant a security interest in your account or your rights under these Terms without our prior written consent.

Inactivity. We reserve the right to suspend, restrict, or terminate accounts that have been inactive for an extended period as determined in our reasonable discretion.

Suspension and termination. We may suspend or terminate your account as described in section 15.

What we provide. The Service consists of livestream broadcasting tools, viewer-interaction features (including chat, reactions, and similar tools), product display and link-out functionality, account services, and related features we may add, modify, limit, or remove from time to time. We may establish general practices and limits concerning use of the Service, including limits on stream length, file size, retention of recordings, and chat message volume, and may change those limits at any time with or without notice.

We are not the seller. Amaze Live is a platform, not a seller. Products presented on the Service are sold by Merchants, not by Amaze. When you click a product link in a Stream, you are directed to the Merchant’s own website, storefront, or third-party platform, where any purchase is a transaction between you and the Merchant, governed by the Merchant’s own terms, prices, payment processing, fulfillment, returns, refund, and privacy policies. We do not collect payment for products presented on the Service, do not take title to or possession of any product, and do not ship, fulfill, or service any product.

No warranty as to Merchant products. We do not manufacture, sell, ship, deliver, inspect, or test any product presented on the Service. We make no representations or warranties, express or implied, about the accuracy, quality, safety, availability, pricing, legality, or fitness for any particular purpose of any product presented on the Service or any statement made about a product by a Host. Any complaint or dispute about a product, including its description, delivery, condition, performance, refund, or warranty, is solely between you and the Merchant.

No liability for Merchant conduct. We are not responsible for, and disclaim all liability arising from, the acts, omissions, or content of any Merchant, including any failure to deliver a product, any defective or unsafe product, any inaccurate product description, any failure to honor a return or refund policy, and any breach of any Merchant policy or applicable consumer-protection, advertising, or product-safety law.

Spring-flow transactions. Where a product link directs you to a Spring storefront, the Spring Terms govern that transaction in addition to any Merchant-specific terms. By proceeding through a Spring-flow link, you acknowledge you have had the opportunity to review the Spring Terms.

Beta service. The Service is currently offered as a beta release. Features may change, be limited, be combined, or be removed without notice. Reliability, availability, performance, and feature continuity are not guaranteed. See section 12.

Third-party destinations. The Service contains and presents links to third-party websites, applications, retailers, payment processors, social networks, and content. We do not control these third parties and are not responsible for their content, terms, privacy practices, products, services, or availability. Inclusion of a link does not constitute an endorsement, recommendation, or representation by Amaze.

Click-through risk. When you click a link out of Amaze Live, you leave the Service and become subject to the terms and privacy policies of the destination. Review those terms and privacy policies before transacting or sharing information. Any dealings you have with third parties accessed through the Service are between you and the third party, and Amaze is not a party to and not liable for those dealings.

Tracking and attribution. We may use technology to record that you clicked a particular product or affiliate link. We do not, by default, receive information from Merchants about whether you completed a purchase or how much you spent. Where attribution data is shared with us by a Merchant or affiliate program, we handle that data consistent with our Privacy Policy.

Hosts may use their own affiliate links. Hosts on Amaze Live may include affiliate or referral links from third-party programs (for example, Amazon Associates, ShareASale, Impact, or other networks) when presenting products. Any such link belongs to the Host and reflects the Host’s independent participation in the relevant program.

Amaze is not a party. When you click a Host’s affiliate or referral link and complete a purchase, any commission or other consideration earned is paid by the relevant affiliate program directly to the Host under the Host’s own arrangement with that program. Amaze Live is not a party to those arrangements, does not earn or share in those commissions, does not control whether or how those programs operate, and is not responsible for any error, dispute, payment delay, or chargeback related to those programs.

No endorsement. The presence of an affiliate or referral link does not imply that Amaze Live endorses the product, the Merchant, or the affiliate program. Hosts are solely responsible for complying with the disclosure rules of any program in which they participate and with applicable advertising and disclosure laws, including the U.S. Federal Trade Commission’s Endorsement Guides.

Live broadcast. Streams on Amaze Live are broadcast in real time. Statements made by Hosts during a Stream are not pre-screened, edited, or endorsed by Amaze. Any opinion, claim, recommendation, comparison, or representation made by a Host is the Host’s own and does not reflect the views of, or any verification by, Amaze.

Recording is host-controlled. A Host may elect to record their Stream and may make the recording available for replay or other on-platform use as enabled by the Service. When a Stream is being recorded, a visible recording indicator is displayed in the Stream interface for the duration of the recording.

Your consent to recording. By participating in a Stream that is being recorded — including by sending chat messages, reactions, emojis, virtual gifts, or other interactions in that Stream — you consent to your participation being captured in the recording and to the recording being stored, replayed, edited, clipped, captioned, translated, and otherwise used by Amaze and the Host as described in these Terms. Only your on-platform interactions (such as your displayed username, chat messages, and reactions) are captured. The Service does not capture your camera or microphone unless you are a Host or otherwise expressly opt in to a feature that does so. If you do not wish to have your on-platform participation recorded, do not participate in a recorded Stream.

Limits on removal from recordings. Once a Stream has been recorded, individual contributions captured in the recording may not be technically removable. We will use commercially reasonable efforts to honor deletion requests where feasible, but we cannot guarantee removal from all archives, replays, clips, or third-party copies that may exist outside our control.

Two-party consent jurisdictions. Some jurisdictions require all parties to a communication to consent to recording. By participating in a recorded Stream after the recording indicator is displayed, you provide that consent. Hosts are responsible for any additional consents required for off-platform recording of a Stream.

Your content. “User Content” means any content you submit, transmit, post, display, or upload to the Service, including chat messages, reactions, comments, profile information, usernames, images, audio, video, virtual gift messages, captions, clip metadata, and other materials. User Content includes content submitted by Hosts during Streams, but Host content is also governed by the separate Host Agreement.

Ownership. You retain ownership of your User Content, subject to the licenses you grant in this section and any rights of third parties.

License to Amaze Live. You grant Amaze a non-exclusive, royalty-free, worldwide, transferable, sublicensable license to host, store, cache, reproduce, display, perform, distribute, modify (including reformatting, resizing, transcoding, and similar technical modifications), create derivative works of (including captioning, translation, clipping, and excerpting), and otherwise use your User Content in connection with operating, providing, improving, securing, and promoting the Service. This license terminates with respect to a given item of User Content when you remove that User Content from the Service, except (a) where the User Content has been incorporated into a recording, clip, derivative work, or another User’s content, in which case the license continues to that extent, (b) for backup, audit, or legal-hold copies retained for a reasonable period, and (c) where retention is required by law.

No use for AI model training. At launch, Amaze does not use User Content to train generative or other artificial-intelligence models. If we propose to change this practice, we will update these Terms and provide notice consistent with section 18.

License to other users. You grant other Users a non-exclusive license to view, interact with, and use your User Content in the manner enabled by the Service (for example, viewing chat messages within a Stream or a replay).

Your representations. You represent and warrant that you own or have all necessary rights, licenses, consents, and permissions to your User Content; that your User Content does not infringe any third-party intellectual-property, privacy, publicity, contract, or other right; and that your User Content does not violate any law, regulation, or these Terms.

No obligation to monitor; right to remove. We have no obligation to monitor User Content but may do so. We may, at our discretion and without notice, remove, restrict, demote, label, or refuse to display any User Content, or suspend or terminate access to any User Content, for any reason, including for any actual or suspected violation of these Terms, the Community Guidelines, the Acceptable Use Policy, or applicable law.

Preservation and disclosure. We may preserve User Content and may disclose User Content or other account information if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable law, or government request; (b) enforce these Terms or any other agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Amaze, its Users, or the public.

Feedback. If you provide suggestions, ideas, or feedback about the Service, you grant Amaze a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, fully paid-up, sublicensable license to use, disclose, publish, and otherwise exploit that feedback for any purpose without obligation or compensation to you.

Prohibited conduct. You agree not to use the Service to:

• violate any law, regulation, court order, or third-party right;
• post, transmit, or distribute content that is unlawful, defamatory, fraudulent, deceptive, harassing, threatening, hateful, sexually explicit, obscene, or that exploits, sexualizes, or endangers minors;
• impersonate any person or entity, misrepresent your affiliation with any person or entity, or misrepresent the origin of any User Content;
• interfere with or disrupt the Service, its servers, or networks connected to the Service, or attempt to gain unauthorized access to any part of the Service or any other User’s account or data;
• use any automated means — including bots, scrapers, crawlers, spiders, data miners, or scripts — to access, monitor, copy, or extract content from the Service except as we expressly permit in writing;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any portion of the Service, except where this restriction is prohibited by applicable law;
• transmit malware, viruses, ransomware, or other harmful code through the Service;
• collect or harvest information about other Users without their consent;
• send unsolicited promotions, spam, chain communications, or bulk messages through the Service;
• circumvent any access, rate, geographic, or feature limit, or any technical protection measure, that we impose;
• engage in fraudulent commerce, manipulate engagement metrics, or facilitate any chargeback or payment dispute that misrepresents a transaction;
• advertise, market, promote, or facilitate the sale of goods or services that are illegal in any applicable jurisdiction or that we have prohibited (including those identified in our Community Guidelines and Prohibited Items List); or
• use the Service to compete with Amaze or to build a competing product or service.

Community Guidelines and Prohibited Items. Our Community Guidelines and Prohibited Items List further describe content, conduct, and product-category expectations. Violation of either is a violation of these Terms.

Enforcement and consequences. We may, at our discretion and without notice, remove or restrict User Content, restrict or disable features, suspend or terminate accounts, withhold or reverse virtual-gift earnings or other amounts, and take any other action we reasonably believe is necessary in response to actual, alleged, or suspected violations. We may also report violations to law enforcement and cooperate with law-enforcement investigations.

Amaze Live IP. The Service, including its underlying software, source code, object code, design, user interfaces, graphics, look and feel, logos, trademarks, service marks, trade dress, audio, video, text, and other content provided by Amaze or its licensors (collectively, the “Amaze IP”), is owned by Amaze or its licensors and is protected by intellectual-property laws, including U.S. and international copyright, trademark, trade-secret, and patent laws.

Limited license to you. Subject to your compliance with these Terms, Amaze grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, non-commercial use, except where a Host uses the Service in accordance with the Host Agreement. You may not copy, modify, distribute, sell, lease, sublicense, frame, mirror, or create derivative works based on the Amaze IP or the Service, except as expressly permitted by these Terms. Any use of the Service or the Amaze IP other than as expressly authorized is strictly prohibited.

Reservation of rights. All rights not expressly granted to you in these Terms are reserved by Amaze and its licensors. No license or right is granted by implication, estoppel, or otherwise.

Trademarks. “Amaze,” “Amaze Live,” and our logos and other product names are trademarks and service marks of Amaze (collectively, the “Amaze Marks”). Other product, brand, and service names and logos appearing on the Service are trademarks of their respective owners and do not imply endorsement of or affiliation with Amaze. You may not use the Amaze Marks without our prior written permission, and all goodwill arising from use of the Amaze Marks inures solely to Amaze.

Anti-circumvention. If we have blocked or restricted your access to the Service (including by blocking an IP address, device, or account), you agree not to implement any measures to circumvent that block, including by masking your IP address, using a proxy or VPN to evade enforcement, or creating a new account.

Policy. We respect intellectual-property rights and respond to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DMCA”).

How to submit a notice. If you believe content on the Service infringes your copyright, send a written notice to our designated agent containing:

• a physical or electronic signature of the copyright owner or an authorized representative;
• identification of the copyrighted work claimed to be infringed (or, for multiple works, a representative list);
• identification of the allegedly infringing material and information reasonably sufficient to permit us to locate it on the Service (for example, the Stream URL, clip URL, or username);
• your contact information, including name, mailing address, telephone number, and email address;
• a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• a statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on behalf of the owner.

Counter-notices. If you believe content you posted was removed in error, you may submit a counter-notice in accordance with 17 U.S.C. § 512(g). We will follow the procedure set forth in the DMCA, including restoring removed content within 10 to 14 business days unless we receive notice from the original claimant that an action has been filed seeking a court order against the alleged infringer.

Repeat infringers. We have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, accounts of Users who are determined to be repeat infringers. We may also, at our sole discretion, limit access to the Service or terminate the accounts of any Users who infringe or appear to infringe the intellectual-property or other rights of others, whether or not there is repeat infringement.

Misrepresentations. Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing or was removed in error may be liable for damages, including costs and attorneys’ fees. Do not make false claims.

As-is. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND ALL CONTENT, FEATURES, AND MATERIALS PROVIDED BY OR THROUGH THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. AMAZE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

No guarantee of availability. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE SERVICE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ANY USER CONTENT OR RECORDING WILL BE PRESERVED, AVAILABLE, OR RECOVERABLE.

Beta status. You acknowledge that the Service is a beta release, that features may change or be discontinued, and that we may collect additional usage information to test, evaluate, refine, and improve the Service consistent with our Privacy Policy.

No reliance on hosts or merchants. You acknowledge that statements made by Hosts during Streams are personal opinions or commercial communications by the Host and are not endorsed, verified, or warranted by Amaze. You further acknowledge that products and product information presented on the Service originate with Merchants and are not endorsed, verified, or warranted by Amaze.

Third-party content. Under no circumstances will Amaze be liable for any content or materials provided by any third party, including any Host, Merchant, or other User, including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of, or reliance on, that content.

Exclusion of indirect damages. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL AMAZE OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST DATA, LOST GOODWILL, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, ANY USER CONTENT, ANY MERCHANT OR PRODUCT, OR ANY THIRD-PARTY SITE OR SERVICE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Aggregate cap. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE TOTAL AMOUNTS YOU HAVE PAID TO AMAZE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. BECAUSE THE SERVICE IS GENERALLY FREE TO VIEWERS, THE $100 FLOOR WILL TYPICALLY APPLY.

Basis of the bargain. You acknowledge that the limitations in this section 13 are an essential basis of the bargain between you and Amaze, that we would not provide the Service on the economic terms in effect without these limitations, and that they apply even if a remedy fails of its essential purpose.

Jurisdictional limits. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. To the extent any limitation in these Terms is unenforceable in your jurisdiction, the limitation will apply to the maximum extent permitted by applicable law.

By you. To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Amaze and its affiliates, officers, directors, employees, agents, and licensors from and against any claim, demand, loss, damage, liability, cost, or expense (including reasonable attorneys’ fees and costs) arising out of or relating to: (a) your User Content; (b) your access to or use of the Service; (c) your violation of these Terms, the Community Guidelines, the Acceptable Use Policy, or any applicable law; (d) your violation of any third-party right, including any intellectual-property, privacy, publicity, contract, or other right; (e) any dispute between you and a Merchant, Host, or other User; and (f) for Hosts, your operation of any Stream, including any statement, claim, recommendation, or product presentation made in a Stream.

Procedure. We will notify you of any claim subject to indemnification. We reserve the right, at our own expense and without limiting your indemnification obligations, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense.

By you. You may terminate your account at any time by following the instructions at your account settings or by contacting support@amaze.co. Termination of your account does not relieve you of any obligation that accrued before termination.

By Amaze. We may, in our sole discretion and with or without notice, suspend, restrict, or terminate your access to the Service, in whole or in part, and remove or discard any User Content, for any reason, including if we believe: (a) you have violated these Terms, the Community Guidelines, the Acceptable Use Policy, the Host Agreement, or applicable law; (b) your continued use of the Service presents legal, security, safety, reputational, or operational risk to Amaze, our Users, or any third party; (c) your account has been compromised; or (d) we have ceased to offer the Service or the relevant feature.

Effect of termination. Upon termination or suspension, your right to use the Service or the affected portion of it ends immediately. Provisions that by their nature should survive termination — including sections 1.3, 4.2 through 4.5, 6, 8.3 (to the extent the license has not been revoked), 8.4, 8.6, 8.8, 8.9, 10, 11, 12, 13, 14, 15.3, 15.4, 16, 17, 18, and 19 — will survive.

No liability. We will not be liable to you or to any third party for any suspension, restriction, or termination of your account or your access to the Service, or for any removal of User Content, in accordance with these Terms.

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND AMAZE TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, EXCEPT AS DESCRIBED BELOW, AND WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 16.4.

Informal resolution. Before initiating any formal dispute, you agree to first contact us at legal@amaze.co and provide a written description of the dispute, your contact information, and the relief you seek. The parties will attempt in good faith to resolve the dispute informally for at least sixty (60) days from our receipt of your notice. This informal-resolution requirement is a condition precedent to commencing arbitration.

Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a “Dispute”) that is not resolved through informal resolution will be resolved exclusively by final and binding arbitration administered by JAMS under its applicable consumer arbitration rules then in effect. The arbitration will be conducted in Wilmington, Delaware or, at your election, by telephone or video conference. The arbitrator’s decision will be final, and judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this section.

Class action waiver. YOU AND AMAZE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate the claims of more than one person and may not preside over any form of representative or class proceeding. If this class-action waiver is found to be unenforceable in a particular case, then the entirety of the binding arbitration provision is null with respect to that case, and the case will proceed in court pursuant to section 17.

Right to opt out. You may opt out of this section 16 by sending written notice of your decision to opt out to legal@amaze.co within thirty (30) days of first accepting these Terms (or, if these Terms are materially amended after your acceptance, within thirty (30) days of the effective date of the amendment, but only with respect to the amendment). Your notice must include your name, the email address associated with your account, and a clear statement that you are opting out of the arbitration agreement. If you opt out, neither you nor Amaze will be required to arbitrate Disputes, and section 17 (Governing Law and Venue) will govern.

Exceptions. Notwithstanding anything in this section 16: (a) either party may bring an action in small-claims court for claims that qualify; and (b) either party may seek injunctive or other equitable relief in court for the protection of intellectual-property rights or to enforce the confidentiality provisions of these Terms.

Severability. If any portion of this section 16 (other than the class-action waiver) is found to be unenforceable, that portion will be severed and the remainder will continue in full force and effect.

Limitations period. Any Dispute must be commenced (whether in arbitration or court) within one (1) year after the claim accrued, except where applicable law prohibits a shorter limitations period than the statutory period.

Governing law. These Terms and any Dispute are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles, except that the Federal Arbitration Act governs the arbitration provisions in section 16. The parties expressly exclude the application of the U.N. Convention on Contracts for the International Sale of Goods.

Venue. Subject to section 16, any action that is permitted to be brought in court must be brought exclusively in the state or federal courts located in New Castle County, Delaware, and you consent to the personal and exclusive jurisdiction of those courts and waive any objection to venue or forum non conveniens.

Updates. We may update these Terms from time to time. The “Last Updated” date at the top of these Terms reflects when the most recent changes took effect.

Notice of material changes. If we make material changes, we will provide reasonable advance notice — for example, by email to the address associated with your account, by in-product notice, or by other reasonable means — before the changes take effect. What constitutes a “material change” is within our reasonable discretion.

Continued use. Your continued use of the Service after the effective date of any updated Terms constitutes your acceptance of those updated Terms. If you do not agree to the updated Terms, you must stop using the Service and may terminate your account in accordance with section 15.1.

Entire agreement. These Terms, together with our Privacy Policy, Community Guidelines, Acceptable Use Policy, Host Agreement (where applicable), and any feature-specific terms, constitute the entire agreement between you and Amaze regarding the Service and supersede any prior or contemporaneous agreements between you and Amaze regarding the Service.

Severability. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the remaining provisions of these Terms will continue in full force and effect.

No waiver. Our failure to exercise or enforce any right or provision of these Terms is not a waiver of that right or provision, and any single or partial exercise of any right or remedy does not preclude further exercise of that right or remedy.

Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent, and any attempted assignment without that consent is void. We may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law.

No third-party beneficiaries. Except as expressly stated in these Terms, these Terms create no third-party beneficiary rights. To the maximum extent permitted by applicable law, third-party content providers are intended third-party beneficiaries of these Terms with respect to their content.

Independent contractors. The parties are independent contractors. Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and Amaze. You do not have authority to bind Amaze in any way.

Force majeure. We will not be liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil disorder, labor disputes, governmental action, internet or utility failures, cyber incidents, or pandemic.

Notices. We may give notices to you by posting on the Service, by email to your registered address, by in-product message, or by other reasonable means. Notices to us must be given in writing to the contact information in section 20. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Headings; construction. Section headings are for convenience only and do not affect interpretation. “Including” means “including without limitation.” References to a Section are to a Section of these Terms unless otherwise specified.

California Civil Code Section 1789.3 notice. Under California Civil Code Section 1789.3, California Users are entitled to the following specific consumer-rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at the address in section 20.

Questions, notices, and other communications regarding these Terms should be sent to:

DMCA notices: see section 11. Security concerns: security@amaze.co. Privacy questions: see our Privacy Policy, or contact privacy@amaze.co.