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Legal

Terms of Service

Last updated 5 November 2026. Marsell is operated by ABADAAN ARBABI HOLDINGS LLC, a Wyoming limited liability company.

These Terms of Service (the "Terms") govern your access to and use of Marsell, operated by ABADAAN ARBABI HOLDINGS LLC, a Wyoming limited liability company ("Marsell," "we," "us," or "our"). By creating an account, clicking to accept these Terms, or using the Service, you agree to be bound by these Terms and by our Privacy Policy. If you use the Service on behalf of a company or other organization, you agree to these Terms for that organization and represent that you have authority to bind it; "you" and "your" then refer to that organization. If you do not agree to these Terms, do not use the Service.

Please read Section 19 carefully. It requires you and us to resolve most disputes through final and binding individual arbitration, and it waives your right to a jury trial and to take part in a class action. You may opt out of arbitration as Section 19 explains.

1. The Service

1.1 What Marsell is. Marsell is software that helps businesses market and sell. It can research a business, plan marketing, write and design content, make images and videos, publish and schedule posts, run advertising, send outreach, and host web pages, as you direct. "Service" means the website at getmarsell.com, the Marsell workspace and applications, our APIs, pages we host for you, and every related feature, software, content and service we provide.

1.2 Definitions. "Customer Content" means all data, text, images, video, audio, files, brand assets, contact lists and other material you or your users submit to the Service, or that the Service collects from your Connected Accounts on your behalf. "Output" means content the Service generates for you, including plans, text, images, video, audio and web pages. "Connected Account" means any third-party account or service you connect to the Service, such as a social network, advertising account, email provider, website, analytics tool or payment provider. "Tokens" means the units the Service uses to measure and charge for work, as described in Section 5.

1.3 Availability. Some features may be labeled beta or preview and may be incomplete. Some features depend on third-party providers and connections being available and enabled. We may change, add, limit or stop parts of the Service, and we may decline or end anyone's access as these Terms allow.

1.4 Changes to the Service. We may add, change, suspend or remove any part of the Service at any time, including features, integrations, models, providers and limits, with or without notice.

2. Eligibility and accounts

2.1 Business use only. The Service is offered for business and professional use only. You must be at least 18 years old and able to form a binding contract. By using the Service you represent that you are using it for purposes related to your trade, business, craft or profession, and not as a consumer.

2.2 Your account. You must give accurate and complete information when you create an account and keep it up to date. You are responsible for keeping your login credentials secure and for all activity under your account, whether or not you authorized it. Tell us immediately at [email protected] if you believe your account has been accessed without permission. We may refuse, suspend or close any account at our discretion.

2.3 Your users. If you allow others to use the Service through your account, you are responsible for their use and for their compliance with these Terms.

3. What Marsell does for you

3.1 Your authorization. You authorize us to take on your behalf the actions you request or approve through the Service and the actions the Service takes under your settings as described in section 3.2, including researching public information about your business, generating Output, and publishing, sending, scheduling, advertising and spending through your Connected Accounts.

3.2 How the Service acts for you. The Service learns from your instructions, your answers, your edits and any AI tools you connect, and then does marketing and sales work on its own. For many kinds of work it shows you the first few items of that kind, and once you have accepted enough of them as they are, it may publish, send or schedule later items of that kind automatically, within the limits shown in the Service and, where the Service offers one, with a period in which you can undo them. You can change these settings, ask to see each item, pause any work or undo an action within its undo period at any time. The Service is designed to spend money only with your approval or within a budget you set, subject to section 8.3. Every action taken through your account, whether you approved it individually or it was taken automatically under your settings, rules, limits or budgets, is treated as an action you authorized. You are solely responsible for monitoring the Service's work, for the Output and actions taken through your account, and for their results.

3.3 No professional advice. The Service and Output are not legal, financial, tax, medical or other professional advice. You are responsible for obtaining any advice you need and for your business decisions.

3.4 No agency. Marsell is a software tool. We are not your agent, employee, partner, fiduciary, advertising agency or representative, and nothing in these Terms creates such a relationship.

4. Connected Accounts and third-party services

4.1 Your connections. When you connect an account, you authorize us to access it and use it within the permissions you grant, to provide the Service. You are responsible for having the right to connect each account and for complying with the terms, policies and guidelines of every Connected Account and third-party service you use through Marsell, including those of social networks, advertising platforms, email providers and data providers.

4.2 Third-party services are not ours. Third-party services are provided by others, under their own terms and privacy policies. We do not control them and are not responsible for them, including their availability, accuracy, fees, security, changes to their products or APIs, or their decisions to reject, limit, restrict, suspend or terminate your content, advertisements or accounts. We may stop supporting any third-party service at any time.

4.3 YouTube. Some features use YouTube API Services. By using those features you agree to be bound by the YouTube Terms of Service at https://www.youtube.com/t/terms. Google's Privacy Policy, at https://policies.google.com/privacy, applies to Google's handling of your data.

4.4 Disconnecting. You can disconnect a Connected Account at any time in the Service or in the third party's settings. Disconnecting may stop features that depend on it.

5. Plans, Tokens, fees and payment

5.1 Plans. Paid use of the Service requires a subscription plan. Plans, prices, included Tokens and features are as shown in the Service or at the time of purchase. Promotional or launch prices apply only as and for as long as stated.

5.2 Billing and automatic renewal. Subscriptions are billed in advance, monthly or annually, and renew automatically for the same period at the then-current price until you cancel. By subscribing you authorize us and our payment processor to charge your payment method for each renewal and for any Token packs or automatic top-ups or other purchases you make. You can cancel at any time in the Service; cancellation stops the next renewal, and your plan stays active until the end of the period you have paid for.

5.2a Automatic top-ups. If you turn on automatic top-ups, you authorize us and our payment processor to charge the payment method on file, without further action from you, for the Token pack shown in the Service each time your Token balance falls below the threshold you chose, up to the number of top-ups per month shown when you turned it on. Each top-up is charged at the pack price for your plan at that time and adds purchased Tokens under section 5.3. We record when you turned automatic top-ups on and the terms shown to you. You can turn automatic top-ups off at any time in the Service; turning them off stops future top-ups but does not refund top-ups already charged. If a charge needs your confirmation or is declined, automatic top-ups pause until you confirm or update your payment method. If you dispute a top-up charge, we may reverse the Tokens it added and turn automatic top-ups off.

5.3 Tokens. The Service measures work in Tokens. Each plan grants a number of Tokens each billing period; plan Tokens expire at the end of the billing period in which they are granted and do not roll over. Token packs require an active plan and remain available while you keep one. Token quotes and estimates shown before a task are estimates only, and actual consumption may differ. We set, and may change, how many Tokens each kind of work consumes. We may refuse or stop work when your balance is insufficient.

5.4 Tokens have no cash value. Tokens are a measure of use of the Service, not money, currency, property or a stored value. Tokens cannot be sold, transferred, exchanged for cash or refunded, have no value outside the Service, and are forfeited when your plan or account ends for any reason.

5.5 Costs paid to others. Advertising spend, platform fees, creator fees, press or media placements, domain fees and other amounts payable to third parties are separate from our fees and are your responsibility, whether you pay them directly or through the Service. We are not responsible for amounts charged by third parties, including spend that exceeds a budget because of how a platform bills or delivers.

5.6 Plan changes. You can change plans in the Service. Upgrades and downgrades take effect, and are charged or credited, as the Service describes at the time of the change.

5.7 Price changes. We may change our prices. We will give you reasonable notice before a price increase applies to a renewal of your subscription; if you do not agree, you may cancel before the renewal.

5.8 Taxes. Fees do not include taxes. You are responsible for all sales, use, value-added, goods and services, withholding and similar taxes, other than taxes on our net income.

5.9 Late or failed payment. If a payment fails or is late, we may suspend or downgrade the Service, withhold Tokens, or close your account, and you remain liable for all amounts due and for our reasonable costs of collection.

5.10 No refunds. All fees and purchases are final and non-refundable, including for subscriptions, partially used periods, downgrades, unused or expired Tokens, Token packs, features you did not use, and accounts that are suspended or terminated for breach of these Terms, except where a refund is required by applicable law. If you believe you were charged in error, contact us at [email protected] within 30 days of the charge; any correction is at our discretion.

5.11 Chargebacks. If you dispute a charge with your bank or card issuer instead of contacting us first, we may suspend your account while the dispute is open. If a dispute is resolved in our favor, you remain liable for the amount and for any fees we incur.

6. Customer Content and Output

6.1 Your content. You retain ownership of your Customer Content. You grant us and our service providers a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit, adapt, create derivative works from, display and publish Customer Content, as needed to provide, secure and improve the Service and as you direct, including publishing to your Connected Accounts and hosted pages. This license ends when your Customer Content is deleted from the Service, except for copies we are required or permitted to keep under these Terms or our Privacy Policy.

6.2 Your responsibility for Customer Content. You represent and warrant that you own or have all rights, licenses, consents and permissions needed for your Customer Content and for our use of it under these Terms, including rights in brand assets, images, music, likenesses and personal data, and that your Customer Content and your use of the Service do not violate any law or anyone's rights.

6.3 Output. As between you and us, and to the extent we have any rights in it, we assign to you our right, title and interest in Output generated for you, subject to your compliance with these Terms. Because of the nature of artificial intelligence, Output may not be unique, and the Service may generate the same or similar output for others; our assignment does not cover output generated for anyone else.

6.4 Limits of Output. Output is generated by automated systems, including artificial intelligence models provided by third parties. Output may be inaccurate, incomplete, out of date, offensive, biased, or similar to existing material, and may infringe third-party rights. You are solely responsible for all Output published, sent or otherwise used through your account, including Output the Service publishes or sends automatically under your settings, and for reviewing it to the extent you consider appropriate. You are responsible for making any disclosures that law or platform rules require about artificial intelligence, advertising, sponsorship or endorsements, whether or not the Service adds a label.

6.5 Usage data. We may collect and use data about how the Service is used, and data derived from Customer Content that is aggregated or de-identified so that it does not identify you or any individual, to operate, maintain, secure, analyze and improve the Service, and for any other lawful purpose.

7. Acceptable use

You will not, and will not permit anyone to, use the Service to:

  • break any law or regulation, or infringe or misappropriate anyone's intellectual property, privacy, publicity or other rights;
  • send spam or unsolicited messages in breach of anti-spam laws, or buy, sell or use contact lists in breach of law or of the source's terms;
  • mislead or deceive, including fake reviews or testimonials, fake engagement, impersonation, undisclosed paid endorsements, false or unsubstantiated claims, or deceptive pricing;
  • create or distribute content that is unlawful, defamatory, harassing, hateful, violent, sexually explicit, exploitative of minors, or that promotes self-harm, terrorism or illegal activity;
  • market regulated goods or services (such as firearms, drugs, tobacco, alcohol, gambling, financial or health products) without all required licenses and in breach of the rules that apply to them;
  • run political, electoral or issue advertising, unless we have agreed to it in writing;
  • collect or process sensitive personal data, or data about children, without the notices, consents and safeguards the law requires;
  • upload malware, or probe, scan, test or breach the security of the Service or of any system, except as our Security Policy at https://getmarsell.com/security allows;
  • access the Service by automated means other than through the interfaces we provide, or scrape, copy or mirror it;
  • reverse engineer, decompile or disassemble the Service, or try to discover its source code, models or non-public interfaces, except where the law expressly permits it despite this restriction;
  • get around limits, approvals, Token metering, billing, access controls or safety measures;
  • resell, sublicense, rent or white-label the Service, or provide it to third parties as a service bureau, without our written agreement;
  • use the Service or Output to build or train a competing product or service; or
  • use the Service in a way that could harm us, our providers or other users, or expose any of us to liability.

We may investigate suspected violations, refuse to publish, send or host anything, remove content, and suspend or terminate accounts, at our discretion and without liability to you.

8. Outreach, advertising and publishing

8.1 You are the sender and the advertiser. When the Service sends messages, publishes content or runs advertisements for you, you are the sender, publisher and advertiser. You are responsible for their content and for complying with every law and platform rule that applies, including anti-spam and marketing laws (such as the CAN-SPAM Act, the GDPR and the ePrivacy rules, and Canada's Anti-Spam Legislation), consumer protection and advertising laws, and endorsement and disclosure rules.

8.2 Recipients and prospects. You are responsible for having a lawful basis and any consent needed to contact each recipient, for identifying yourself accurately, for including a valid physical postal address and a working way to opt out where required, and for honoring opt-outs promptly. We may suppress, delay, throttle or stop messages to protect deliverability, recipients, our providers or the Service.

8.3 Advertising. You are responsible for your advertising budgets and spend, targeting, creative and landing pages, and for complying with each advertising platform's policies. We do not guarantee that any advertisement will be approved, delivered or effective, or that any spend will stay within a budget.

8.4 No guaranteed results. We do not guarantee any result from the Service, including sales, revenue, leads, replies, followers, views, engagement, rankings, deliverability or return on spend.

9.1 Your pages. If we host web pages for you, on a subdomain we provide or on your own domain, you are responsible for their content and for everything the law requires of a website operator, including your own privacy notice, cookie notices and consents for your visitors, and any terms of sale. We may remove or disable a hosted page, or any content on it, at any time. You are responsible for your domain registrations and settings.

9.2 Copyright complaints. We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act. If you believe that content stored, hosted or published through the Service infringes your copyright, send a written notice to our designated copyright agent by email at [email protected], or by mail to Copyright Agent, ABADAAN ARBABI HOLDINGS LLC, 5830 E 2nd St, Ste 7000 #39236, Casper, Wyoming 82609, United States. The notice must include: (a) your physical or electronic signature, as the copyright owner or a person authorized to act for them; (b) identification of the copyrighted work you claim is infringed; (c) identification of the material you claim is infringing, with enough information for us to locate it, such as its web address; (d) your name, postal address, telephone number and email address; (e) a statement that you believe in good faith that the use of the material is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act for them. We may remove or disable access to the material and forward your notice to the person who provided it.

9.3 Counter-notices. If material you provided was removed because of a copyright notice and you believe it was removed by mistake or misidentification, you may send our copyright agent a counter-notice that includes: (a) your physical or electronic signature; (b) identification of the material that was removed and where it appeared before it was removed; (c) a statement, under penalty of perjury, that you believe in good faith that the material was removed as a result of mistake or misidentification; and (d) your name, postal address and telephone number, a statement that you consent to the jurisdiction of the federal district court for the judicial district where your address is located (or, if your address is outside the United States, any judicial district in which we may be found), and a statement that you will accept service of process from the person who sent the original notice or their agent. We may restore the material not less than 10 and not more than 14 business days after we receive the counter-notice, unless the person who sent the original notice first tells us that they have filed a court action to restrain the alleged infringement. Anyone who knowingly misrepresents that material is infringing, or that it was removed by mistake, may be liable for damages under 17 U.S.C. § 512(f).

9.4 Repeat infringers. In appropriate circumstances we disable or terminate the accounts of users who repeatedly infringe the copyrights or other intellectual property rights of others.

9.5 Other complaints. To report other content hosted, published or sent through the Service, such as a trademark, privacy or abuse complaint, email [email protected] with the details and where the content appears.

10. Other users, creators and collaborations

The Service may let you connect or collaborate with other users, such as creators or other businesses. Any arrangement, payment or collaboration between you and another user is solely between you and that user. We are not a party to it, do not vet other users, and are not responsible for their conduct, content, performance or payment. You are responsible for obtaining any consent, license or disclosure a collaboration requires.

11. Our intellectual property

11.1 Ownership. The Service, including its software, models, prompts, workflows, designs, text, graphics, the Marsell name and logo, the Marsell character and other characters, and all related intellectual property, is owned by us or our licensors. Except for the limited rights expressly granted in these Terms, we reserve all rights.

11.2 Your license to use the Service. Subject to these Terms and to payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service for your internal business purposes during your subscription.

11.3 Feedback. If you send us ideas, suggestions or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use it for any purpose without obligation to you.

12. Privacy and data protection

12.1 Privacy Policy. Our Privacy Policy explains how we handle personal data as a controller, and forms part of these Terms.

12.2 Personal data in Customer Content. Where Customer Content includes personal data about others, such as your customers, prospects, contacts or audience, you are the controller (or the business) and we process that data as your processor (or service provider) to provide the Service. You are responsible for giving any notices and obtaining any consents or other lawful basis the law requires for that processing. For that personal data, we will:

  • process it only to provide the Service, on your documented instructions, which are these Terms and your use and configuration of the Service, unless the law requires otherwise, and tell you if we believe an instruction breaks data protection law;
  • ensure that the people we authorize to process it are bound by confidentiality;
  • take appropriate technical and organizational security measures;
  • use the service providers (sub-processors) listed in our Privacy Policy, which we may update from time to time, and impose data protection obligations on them; if you object to a new sub-processor, your remedy is to stop using the Service;
  • taking into account the nature of the processing, reasonably help you respond to requests from individuals exercising their rights;
  • notify you without undue delay after becoming aware of a personal data breach affecting that personal data;
  • taking into account the nature of the processing and the information available to us, reasonably help you meet your obligations on security, personal data breaches, data protection impact assessments and prior consultations with supervisory authorities, at your cost where the help goes beyond what the Service already provides;
  • delete that personal data when your account is closed, as our Privacy Policy describes, except where the law requires us to keep it;
  • make available the information reasonably necessary to demonstrate our compliance with this Section 12.2, and allow for and contribute to audits, including inspections, by you or an independent auditor you appoint who is bound by confidentiality, no more than once a year, on at least 30 days' written notice, at your cost and without access to other customers' data; we may first meet this obligation by answering your written questions and sharing reports and certifications available from our providers; and
  • where the law requires it for a transfer of personal data out of the European Economic Area, the United Kingdom or Switzerland, rely on an approved transfer mechanism, such as the European Commission's Standard Contractual Clauses.

We do not sell personal data you entrust to us as your service provider, or use it for any purpose other than providing the Service and the purposes these Terms permit.

13. Suspension and termination

13.1 By you. You may stop using the Service and cancel your subscription at any time. Cancellation takes effect at the end of your current paid period.

13.2 By us. We may suspend or terminate your access to all or part of the Service, with or without notice, if you breach these Terms or fail to pay, if we believe your use creates risk or harm for us, our providers, other users or anyone else, if the law or a provider requires it, if your account has been inactive for a long period, or if we stop offering the Service or a part of it. If we stop offering the Service as a whole for reasons other than your breach, we will give you reasonable notice where practicable.

13.3 Effect. When your account ends, your right to use the Service ends, your Tokens are forfeited, and amounts you owe become due. We may delete your Customer Content 30 days after your account ends, and we have no obligation to keep it after that. You are responsible for exporting anything you want to keep before your account ends. Sections 5, 6.2, 6.4, 6.5, 7, 8, 11, 12 (for as long as we hold personal data), 13.3 and 14 to 21 survive termination.

14. Disclaimers

THE SERVICE, OUTPUT AND EVERYTHING WE PROVIDE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, LICENSORS AND PROVIDERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT CONTENT OR DATA WILL NOT BE LOST, OR THAT THE SERVICE OR OUTPUT WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY RESULT. YOU USE THE SERVICE, AND APPROVE OR AUTOMATE ANY ACTION, AT YOUR OWN RISK.

15. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

(A) NEITHER WE NOR OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, SALES, BUSINESS, GOODWILL OR REPUTATION, LOSS OR CORRUPTION OF DATA, BUSINESS INTERRUPTION, COST OF SUBSTITUTE SERVICES, ADVERTISING SPEND, OR THE SUSPENSION, RESTRICTION OR LOSS OF ANY THIRD-PARTY ACCOUNT, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND

(B) OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (I) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, AND (II) ONE HUNDRED US DOLLARS (US$100).

THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE, AND THEY ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY; IN THOSE JURISDICTIONS OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT THE LAW PERMITS.

16. Indemnification

You will defend, indemnify and hold harmless us and our affiliates, officers, directors, employees, agents, licensors and providers from and against all claims, demands, actions, damages, losses, liabilities, fines, penalties, costs and expenses, including reasonable attorneys' fees, arising out of or relating to: (a) your Customer Content; (b) Output you approve, publish, send or use; (c) your Connected Accounts, advertising, outreach, publishing and hosted pages; (d) your use of the Service, or any use under your account; (e) your breach of these Terms or of any law, regulation or third-party right or term; or (f) any dispute between you and another user, a recipient of your messages, a customer of yours or any other third party. We may take control of the defense of any claim at your expense, and you will cooperate with us. You will not settle any claim that affects us without our prior written consent.

17. Changes to these Terms

We may change these Terms from time to time. If a change is material, we will give you notice, for example by email or in the Service, at least 15 days before it takes effect, unless the change is required by law or made for security reasons, in which case it may take effect sooner. The "Last updated" date shows when these Terms last changed. By continuing to use the Service after a change takes effect, you accept the changed Terms. If you do not agree, you must stop using the Service and cancel your subscription.

18. Assignment

You may not assign or transfer these Terms or your account, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms, in whole or in part, without your consent, including to an affiliate, to a company we form to operate the Service, or in connection with a merger, acquisition, reorganization or sale of assets. These Terms bind and benefit the parties and their permitted successors and assigns.

19. Dispute resolution and arbitration

19.1 Informal resolution first. Before starting an arbitration or court proceeding, you and we agree to try to resolve any dispute informally. Send a written notice describing the dispute and the relief sought: to us at [email protected], and we will send ours to the email address on your account. If the dispute is not resolved within 60 days after the notice is received, either party may start a proceeding as this Section allows.

19.2 Binding arbitration. Except as Section 19.4 provides, any dispute, claim or controversy arising out of or relating to these Terms, the Service or the relationship between you and us, including the scope and enforceability of this agreement to arbitrate, will be resolved by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules (or, if the AAA determines that its Consumer Arbitration Rules apply, those rules), before a single arbitrator. The arbitration will take place in Delaware or, at either party's election, by video conference or on written submissions. The Federal Arbitration Act governs this Section 19. Judgment on the award may be entered in any court with jurisdiction.

19.3 Individual claims only. YOU AND WE 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. YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL. The arbitrator may not consolidate claims of more than one person and may award relief only in favor of the individual party seeking it and only to the extent needed to provide relief on that party's individual claim. If this Section 19.3 is found unenforceable for a particular claim or request for relief, that claim or request will be severed and heard in court under Section 20, after the arbitration of all other claims.

19.4 Exceptions. Either party may bring an individual claim in small claims court if it qualifies. Either party may seek temporary or preliminary injunctive relief in court, and we may bring claims in court to protect our intellectual property or to stop unauthorized use of the Service.

19.5 Your right to opt out. You may opt out of this agreement to arbitrate by emailing [email protected], within 30 days after you first accept these Terms, with your name, the email address of your account, and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms.

19.6 Time limit. To the extent permitted by law, any claim must be brought within one year after it arises, or it is permanently barred.

20. Governing law and venue

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Delaware and applicable United States federal law, without regard to conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to Section 19, the state and federal courts located in the State of Delaware have exclusive jurisdiction over any dispute, and you and we consent to their personal jurisdiction and venue. Nothing in these Terms takes away any right that mandatory law gives you and that cannot be waived by contract.

21. General

21.1 Entire agreement. These Terms, together with our Privacy Policy and any other terms or policies we present in the Service and you accept, are the entire agreement between you and us about the Service and supersede all prior agreements and understandings. If there is a conflict, these Terms control unless another document we both sign says otherwise.

21.2 Notices. We may give you notices by email to the address on your account, in the Service, or by posting on our website, and notices are effective when sent or posted. You must send legal notices to us at [email protected], with a copy to ABADAAN ARBABI HOLDINGS LLC, 5830 E 2nd St, Ste 7000 #39236, Casper, Wyoming 82609, United States. You consent to receiving communications from us electronically, and agree that electronic communications satisfy any legal requirement that a communication be in writing.

21.3 Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including failures or changes of third-party services, providers or platforms, internet or power failures, cyberattacks, labor disputes, government action, epidemics, war and natural disasters.

21.4 Export and sanctions. You represent that you are not located in, organized under the laws of, or ordinarily resident in any country or region subject to comprehensive United States sanctions, and that you are not on any United States government list of prohibited or restricted parties. You will comply with all export control and sanctions laws that apply to your use of the Service.

21.5 Publicity. We may identify you as a customer, using your name and logo, on our website and in marketing materials. You can ask us to stop at any time by emailing [email protected].

21.6 Relationship. You and we are independent contractors. There are no third-party beneficiaries of these Terms.

21.7 Severability and waiver. If any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in full force. Our failure to enforce any provision is not a waiver of our right to do so later.

21.8 Interpretation. Headings are for convenience only. "Including" means "including without limitation." These Terms are written in English, and the English version controls over any translation.

22. Contact

Questions about these Terms: [email protected]. Privacy questions: [email protected]. Security reports: [email protected].

ABADAAN ARBABI HOLDINGS LLC, 5830 E 2nd St, Ste 7000 #39236, Casper, Wyoming 82609, United States.