Terms of Service

1. Acceptance of Terms

By accessing or using SessionPool ("the Service," "we," "us," or "our"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, you must not access or use the Service.

We reserve the right to modify these Terms at any time without prior notice. Your continued use of the Service after any changes constitutes your acceptance of the new Terms. It is your sole responsibility to review these Terms periodically.

2. Service Description

SessionPool is a platform that allows users to create and join gaming sessions, form groups, connect with other players, send direct messages, and participate in our community features. The Service includes a virtual credits system ("SessionPool Credits" or "Credits") as described in Section 7. The Service is provided "as is" and "as available" without any warranties of any kind, whether express, implied, statutory, or otherwise.

3. Eligibility

You must be at least 13 years of age to use this Service. If you are under 18, you represent that you have your parent's or legal guardian's permission to use the Service. By using the Service, you represent and warrant that you meet these eligibility requirements.

We reserve the right to refuse service, terminate accounts, or remove content at our sole discretion without notice or liability.

IF YOU MISREPRESENT YOUR AGE OR ELIGIBILITY, YOU AGREE TO INDEMNIFY AND HOLD US HARMLESS FROM ANY AND ALL CLAIMS, DAMAGES, AND LIABILITIES ARISING FROM SUCH MISREPRESENTATION. WE HAVE NO OBLIGATION TO VERIFY THE AGE OR IDENTITY OF USERS AND SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM A MINOR'S USE OF THE SERVICE, WHETHER OR NOT WE WERE AWARE OF SUCH USE. PARENTS AND GUARDIANS ARE SOLELY RESPONSIBLE FOR MONITORING THEIR CHILDREN'S USE OF THE SERVICE.

4. User Accounts

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account.

We are not liable for any loss or damage arising from your failure to protect your account credentials. You may not use another user's account without permission.

5. User Conduct and Content

You agree NOT to:

• Post, upload, or share any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Impersonate any person or entity or misrepresent your affiliation
• Engage in any form of harassment, bullying, or discrimination
• Upload or transmit viruses, malware, or other harmful code
• Attempt to gain unauthorized access to the Service or other users' accounts
• Use the Service for any illegal purpose or in violation of any laws
• Interfere with or disrupt the Service or servers
• Collect or harvest user information without consent
• Use automated systems (bots, scrapers) without our written permission
• Advertise or solicit without our prior written consent

We reserve the right, but have no obligation, to monitor, edit, or remove any content at our sole discretion. We are not responsible for any user-generated content.

6. Intellectual Property

The Service and its original content (excluding user-generated content) are and will remain the exclusive property of SessionPool and its licensors. The Service is protected by copyright, trademark, and other intellectual property laws.

BY POSTING, UPLOADING, OR SUBMITTING ANY CONTENT ON OR THROUGH THE SERVICE, YOU GRANT US A PERPETUAL, IRREVOCABLE, WORLDWIDE, ROYALTY-FREE, FULLY PAID-UP, TRANSFERABLE, SUBLICENSABLE (THROUGH MULTIPLE TIERS), NON-EXCLUSIVE LICENSE TO USE, COPY, MODIFY, ADAPT, TRANSLATE, CREATE DERIVATIVE WORKS FROM, DISTRIBUTE, PUBLICLY PERFORM, PUBLICLY DISPLAY, REPRODUCE, TRANSMIT, SELL, LICENSE, AND OTHERWISE EXPLOIT SUCH CONTENT IN ANY FORM, MEDIUM, OR TECHNOLOGY NOW KNOWN OR HEREAFTER DEVELOPED, FOR ANY PURPOSE WHATSOEVER, WITHOUT ANY COMPENSATION, ATTRIBUTION, OR NOTICE TO YOU.

You represent and warrant that you own or have the necessary rights to grant this license and that your content does not infringe any third-party rights. You waive any moral rights or similar rights you may have in such content. This license survives termination of your account.

7. SessionPool Credits (Virtual Currency)

7.1 Nature of Credits

SESSIONPOOL CREDITS ("CREDITS") ARE MEANINGLESS VIRTUAL TOKENS WITH ABSOLUTELY NO VALUE WHATSOEVER. CREDITS ARE NOT CURRENCY, NOT PROPERTY, NOT AN ASSET, AND NOT A STORE OF VALUE. CREDITS HAVE NO MONETARY VALUE, NO EXCHANGE VALUE, NO CASH VALUE, AND NO VALUE OF ANY KIND INSIDE OR OUTSIDE THE SERVICE.

Credits are merely a cosmetic, gamification element intended to enhance user engagement. They do not represent any form of currency, property, investment, or anything of value. Credits do not and will never entitle you to anything, grant you any rights, create any obligations on our part, or have any legal significance whatsoever.

7.2 Earning Credits

Credits may be earned through various activities including, but not limited to:

• Referral programs (inviting new users who sign up)
• Providing valuable feedback that helps improve the Service
• Promotional activities or rewards at our sole discretion
• Other methods we may introduce from time to time

The awarding of Credits for any activity is entirely at our sole discretion. We reserve the right to determine what constitutes "valuable feedback" or qualifying activity for any rewards program.

7.3 Restrictions on Credits

CREDITS CANNOT BE:

• Exchanged, traded, or converted into real currency, cash, or cash equivalent
• Transferred, sold, gifted, or traded to other users or third parties
• Refunded under any circumstances
• Combined with other accounts
• Used outside of the SessionPool platform

Any attempt to sell, trade, transfer, or otherwise dispose of Credits outside the Service, or any attempt to acquire Credits through unauthorized means, is strictly prohibited and may result in immediate termination of your account and forfeiture of all Credits.

7.4 Modification and Termination of Credits Program

WE RESERVE THE ABSOLUTE RIGHT, AT ANY TIME AND WITHOUT PRIOR NOTICE, TO:

• Modify, suspend, or discontinue the Credits program entirely
• Change the rate at which Credits are earned or awarded
• Change the value, features, or benefits associated with Credits
• Set expiration dates for Credits
• Limit the number of Credits that can be earned or held
• Adjust, reset, or remove Credit balances at our sole discretion
• Change or discontinue any features or benefits that Credits can access

You acknowledge that Credits may become worthless at any time and that we have no obligation to provide any compensation if the Credits program is modified or terminated.

7.5 Forfeiture of Credits

All Credits are immediately and automatically forfeited, without compensation, upon:

• Termination or suspension of your account for any reason
• Voluntary closure of your account
• Violation of these Terms of Service
• Any fraudulent or abusive activity related to earning Credits
• Death of the account holder
• Discontinuation of the Service

7.6 No Rights Whatsoever

YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT:

• YOU HAVE ABSOLUTELY NO OWNERSHIP, PROPERTY INTEREST, LEGAL RIGHT, EQUITABLE RIGHT, OR ANY OTHER RIGHT OF ANY KIND IN OR TO CREDITS
• CREDITS DO NOT CONSTITUTE PROPERTY, ASSETS, OR ANYTHING OF VALUE UNDER ANY LAW
• CREDITS CREATE NO CONTRACTUAL, LEGAL, OR EQUITABLE OBLIGATIONS ON OUR PART
• YOU HAVE NO CLAIM, RIGHT TO COMPENSATION, OR CAUSE OF ACTION RELATING TO CREDITS UNDER ANY CIRCUMSTANCES
• CREDITS MAY BE TAKEN AWAY, RESET TO ZERO, OR RENDERED COMPLETELY WORTHLESS AT ANY TIME FOR ANY REASON OR NO REASON
• THE ACCUMULATION OF CREDITS DOES NOT CREATE ANY EXPECTATION, PROMISE, OR ENTITLEMENT
• WE OWE YOU NOTHING IN CONNECTION WITH CREDITS, NOW OR EVER

BY USING THE SERVICE, YOU WAIVE ANY AND ALL CLAIMS, DEMANDS, OR CAUSES OF ACTION YOU MAY HAVE RELATING TO CREDITS, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED.

7.7 Fraud Prevention

We actively monitor for fraudulent activity in our Credits program. If we detect or suspect any fraudulent, abusive, or manipulative behavior in earning or using Credits, we may immediately suspend or terminate your account and forfeit all Credits without prior notice or liability.

8. Service Availability, Modifications, and Discontinuation

WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION AND WITHOUT PRIOR NOTICE OR LIABILITY, TO:

• Modify, update, or change any aspect of the Service at any time
• Suspend or discontinue the Service (or any part thereof) temporarily or permanently
• Limit the availability of the Service to any person, geographic area, or jurisdiction
• Restrict access to some or all features of the Service
• Delete any content or data stored on the Service
• Change pricing, features, or functionality without notice
• Impose limits on certain features or restrict access to parts or all of the Service
• Shut down the Service entirely at any time for any reason or no reason

WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUATION OF THE SERVICE. YOU ACKNOWLEDGE THAT WE HAVE NO OBLIGATION TO MAINTAIN, SUPPORT, UPGRADE, OR UPDATE THE SERVICE, OR TO PROVIDE ANY SPECIFIC CONTENT THROUGH THE SERVICE.

You agree that we will not be liable for any loss of data, interruption of service, or any other damages resulting from any modification, suspension, or discontinuation of the Service. It is your sole responsibility to maintain backups of any content you upload to the Service.

9. Third-Party Services and Links

The Service may contain links to third-party websites or services that are not owned or controlled by SessionPool. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with the use of any third-party content, goods, or services.

10. Assumption of Risk

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. YOU VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH USING THE SERVICE, INCLUDING BUT NOT LIMITED TO:

• RISKS OF INTERACTING WITH OTHER USERS, WHETHER ONLINE OR OFFLINE
• RISKS OF EXPOSURE TO OFFENSIVE, HARMFUL, INACCURATE, OR OTHERWISE OBJECTIONABLE CONTENT
• RISKS OF DATA LOSS, SECURITY BREACHES, OR UNAUTHORIZED ACCESS TO YOUR ACCOUNT
• RISKS ASSOCIATED WITH ANY THIRD-PARTY SERVICES OR LINKS
• RISKS OF SERVICE INTERRUPTION, MODIFICATION, OR DISCONTINUATION
• RISKS ASSOCIATED WITH ALPHA OR BETA SOFTWARE, INCLUDING BUGS, ERRORS, AND DATA LOSS
• ANY AND ALL OTHER RISKS ARISING FROM YOUR USE OF THE SERVICE

THE SERVICE IS PROVIDED AS AN ALPHA/EARLY ACCESS PLATFORM. YOU ACKNOWLEDGE THAT THE SERVICE MAY CONTAIN BUGS, ERRORS, AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM FAILURES, DATA LOSS, OR OTHER ISSUES. YOU ACCEPT THESE RISKS BY USING THE SERVICE.

11. Release of Claims

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE SESSIONPOOL, ITS OWNERS, OPERATORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, "RELEASED PARTIES") FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, COSTS, EXPENSES, LEGAL FEES, DAMAGES, JUDGMENTS, AND LOSSES OF EVERY KIND AND NATURE, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, THAT YOU HAVE OR MAY HAVE AGAINST THE RELEASED PARTIES ARISING OUT OF OR IN ANY WAY RELATED TO:

• Your use of or inability to use the Service
• Any content or conduct of any user or third party on the Service
• Any SessionPool Credits, virtual items, or promotional programs
• Any unauthorized access to or alteration of your account or data
• Any termination, suspension, or modification of your account or the Service
• Any other matter relating to the Service

YOU EXPRESSLY WAIVE ANY RIGHTS YOU MAY HAVE UNDER ANY STATUTE OR COMMON LAW PRINCIPLE THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST AT THE TIME OF AGREEING TO THIS RELEASE.

12. No Fiduciary Duty

SESSIONPOOL AND ITS OPERATORS OWE YOU NO FIDUCIARY DUTIES. NO RELATIONSHIP OF TRUST, CONFIDENCE, OR SPECIAL DUTY IS CREATED BY THESE TERMS OR YOUR USE OF THE SERVICE. WE ARE NOT YOUR AGENT, TRUSTEE, FIDUCIARY, OR ADVISOR. WE HAVE NO DUTY TO ACT IN YOUR BEST INTEREST OR TO CONSIDER YOUR INTERESTS IN MAKING ANY DECISIONS ABOUT THE SERVICE.

Any information or recommendations provided through the Service are for general informational purposes only and do not constitute professional advice of any kind.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will be uninterrupted, timely, secure, or error-free
• The results obtained from the Service will be accurate or reliable
• Any errors in the Service will be corrected
• The Service is free of viruses or other harmful components
• Any user-generated content is accurate, complete, or appropriate
• Any features, including SessionPool Credits, will continue to exist or function
• Any rewards, incentives, or promotional programs will be honored or continued

We make no guarantees regarding the availability, quality, safety, or legality of any gaming sessions created by users. Users interact with each other at their own risk.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICE.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SESSIONPOOL, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, SESSIONPOOL CREDITS, VIRTUAL ITEMS, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, WE SHALL HAVE ABSOLUTELY NO LIABILITY WHATSOEVER FOR:

• ANY LOSS, MODIFICATION, EXPIRATION, OR FORFEITURE OF SESSIONPOOL CREDITS
• ANY CHANGES TO THE CREDITS PROGRAM, INCLUDING ITS DISCONTINUATION
• ANY FAILURE TO AWARD CREDITS OR ANY DISPUTES ABOUT CREDIT AMOUNTS
• ANY RELIANCE YOU PLACED ON CREDITS OR EXPECTATIONS ABOUT THEIR VALUE OR FUTURE USE
• ANY DAMAGES ARISING FROM THE TERMINATION OF YOUR ACCOUNT OR ACCESS TO THE SERVICE

OUR TOTAL, AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, SHALL NOT EXCEED THE LESSER OF: (A) THE AMOUNT YOU ACTUALLY PAID TO US (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE FIRST CLAIM, OR (B) TEN DOLLARS ($10 USD). THIS LIMITATION IS CUMULATIVE AND NOT PER-INCIDENT. ALL CLAIMS AGAINST US SHALL BE AGGREGATED TO DETERMINE SATISFACTION OF THIS LIMIT. SESSIONPOOL CREDITS HAVE NO CASH VALUE AND SHALL NOT BE CONSIDERED IN CALCULATING ANY DAMAGES OR LIABILITY.

YOU ACKNOWLEDGE THAT THE FEES (IF ANY) CHARGED BY US REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT WE WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON LIABILITY. THIS LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

15. Indemnification

You agree to indemnify, defend, and hold harmless SessionPool, its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property or privacy rights
• Any content you post or share through the Service
• Your interactions with other users
• Any claim that your content caused damage to a third party
• Any disputes or claims related to SessionPool Credits
• Any claims arising from your participation in referral or promotional programs

This indemnification obligation shall survive the termination of your account and these Terms.

16. User Interactions

You are solely responsible for your interactions with other users. We are not responsible for the conduct of any user, whether online or offline. We do not conduct background checks on users and make no representations or warranties as to the conduct, identity, intentions, or trustworthiness of any user.

You agree to take reasonable precautions in all interactions with other users, particularly if you decide to meet in person or communicate outside the platform. NEVER SHARE PERSONAL FINANCIAL INFORMATION OR SEND MONEY TO OTHER USERS.

17. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

UPON TERMINATION FOR ANY REASON: (A) YOU ARE NOT ENTITLED TO ANY REFUND OF ANY FEES, PAYMENTS, OR AMOUNTS PAID; (B) ALL SESSIONPOOL CREDITS ARE IMMEDIATELY FORFEITED WITHOUT COMPENSATION; (C) ANY DATA, CONTENT, OR INFORMATION ASSOCIATED WITH YOUR ACCOUNT MAY BE DELETED; (D) WE HAVE NO OBLIGATION TO RETAIN OR PROVIDE YOU WITH ANY DATA OR CONTENT. YOU ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICE.

18. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved through final and binding arbitration administered by a recognized arbitration organization under its applicable rules. The arbitration shall be conducted in the English language. Judgment on the arbitration award may be entered in any court having jurisdiction.

YOU AND SESSIONPOOL EACH WAIVE THE RIGHT TO A JURY TRIAL. YOU AND SESSIONPOOL EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING. YOU MAY ONLY BRING CLAIMS AGAINST US IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

Exceptions: Either party may bring an individual action in small claims court for disputes within that court's jurisdiction. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction as provided in Section 28.

Arbitration Fees: Each party shall bear their own costs and attorneys' fees in arbitration. If you cannot afford to pay arbitration fees, you may request that we pay them, and we will consider such requests in our sole discretion. Regardless of the outcome, you agree to reimburse us for any fees we advance on your behalf if the arbitrator determines your claims were frivolous or brought in bad faith.

IF YOU DO NOT WISH TO BE BOUND BY THE ARBITRATION AND CLASS ACTION WAIVER PROVISIONS, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF FIRST ACCEPTING THESE TERMS. YOUR WRITTEN NOTIFICATION MUST BE SENT TO OUR CONTACT ADDRESS AND INCLUDE YOUR NAME, ADDRESS, AND A CLEAR STATEMENT THAT YOU WISH TO OPT OUT OF ARBITRATION. IF YOU OPT OUT, ALL OTHER PROVISIONS OF THESE TERMS WILL CONTINUE TO APPLY. OPTING OUT WILL NOT AFFECT ANY OTHER ARBITRATION AGREEMENTS YOU MAY HAVE WITH US.

19. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from any cause beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, labor disputes, shortages of transportation, facilities, fuel, energy, labor, or materials, failure of telecommunications or information systems, cyberattacks, or any other circumstances beyond our control.

20. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. You agree that any legal action or proceeding relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in Delaware, and you hereby consent to the personal jurisdiction and venue of such courts.

YOU WAIVE ANY OBJECTION TO JURISDICTION AND VENUE IN SUCH COURTS, INCLUDING ANY OBJECTION BASED ON INCONVENIENT FORUM. YOU AGREE THAT SERVICE OF PROCESS MAY BE MADE BY MAIL OR OTHER METHOD PERMITTED BY LAW. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY TO THESE TERMS.

21. Export Compliance

YOU REPRESENT AND WARRANT THAT: (A) YOU ARE NOT LOCATED IN A COUNTRY THAT IS SUBJECT TO A U.S. GOVERNMENT EMBARGO OR THAT HAS BEEN DESIGNATED BY THE U.S. GOVERNMENT AS A "TERRORIST SUPPORTING" COUNTRY; (B) YOU ARE NOT LISTED ON ANY U.S. GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES; (C) YOU WILL NOT USE THE SERVICE IN VIOLATION OF ANY EXPORT OR IMPORT LAWS, REGULATIONS, OR RESTRICTIONS.

You agree to comply with all applicable export and import laws and regulations. You shall not export, re-export, or transfer any part of the Service or any technical information related thereto in violation of any applicable laws.

22. Government Users

IF YOU ARE A GOVERNMENT USER OR ARE USING THE SERVICE ON BEHALF OF A GOVERNMENT ENTITY, THE FOLLOWING APPLIES: THE SERVICE IS PROVIDED AS "COMMERCIAL COMPUTER SOFTWARE" AND "COMMERCIAL COMPUTER SOFTWARE DOCUMENTATION" AS DEFINED IN FAR 12.212 AND DFARS 227.7202. USE, DUPLICATION, OR DISCLOSURE BY THE GOVERNMENT IS SUBJECT TO THE RESTRICTIONS SET FORTH IN THESE TERMS.

No government procurement regulations or contract terms (including FAR, DFARS, or any other government terms) shall be deemed incorporated into or to modify these Terms, regardless of whether such terms are included in any government order, contract, or other document.

23. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

24. Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, and DMCA Policy, constitute the entire agreement between you and SessionPool regarding the use of the Service.

25. No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative.

26. Assignment

You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this section shall be null and void.

WE MAY FREELY ASSIGN, TRANSFER, OR SUBLICENSE THESE TERMS AND ALL OF OUR RIGHTS AND OBLIGATIONS HEREUNDER, IN WHOLE OR IN PART, TO ANY PERSON OR ENTITY WITHOUT YOUR CONSENT AND WITHOUT NOTICE. THIS INCLUDES ASSIGNMENT IN CONNECTION WITH A MERGER, ACQUISITION, CORPORATE REORGANIZATION, SALE OF ALL OR SUBSTANTIALLY ALL OF OUR ASSETS, OR ANY OTHER CHANGE OF CONTROL. YOUR CONTINUED USE OF THE SERVICE FOLLOWING ANY SUCH ASSIGNMENT CONSTITUTES YOUR CONSENT TO SUCH ASSIGNMENT.

27. No Third-Party Beneficiaries

THESE TERMS ARE FOR THE SOLE BENEFIT OF YOU AND SESSIONPOOL AND DO NOT CONFER ANY RIGHTS, BENEFITS, OR CAUSES OF ACTION UPON ANY THIRD PARTY. NO THIRD PARTY SHALL HAVE ANY RIGHT TO ENFORCE ANY PROVISION OF THESE TERMS OR TO BRING ANY CLAIM AGAINST US BASED ON THESE TERMS. THIS EXCLUSION OF THIRD-PARTY BENEFICIARY RIGHTS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

28. Feedback and Suggestions

ANY FEEDBACK, SUGGESTIONS, IDEAS, RECOMMENDATIONS, BUG REPORTS, FEATURE REQUESTS, OR OTHER SUBMISSIONS ("FEEDBACK") YOU PROVIDE TO US, WHETHER SOLICITED OR UNSOLICITED, SHALL BECOME OUR SOLE AND EXCLUSIVE PROPERTY. YOU HEREBY IRREVOCABLY ASSIGN AND TRANSFER TO US ALL RIGHT, TITLE, AND INTEREST IN AND TO SUCH FEEDBACK, INCLUDING ALL INTELLECTUAL PROPERTY RIGHTS THEREIN, WITHOUT ANY COMPENSATION OR CREDIT TO YOU.

We shall be free to use, reproduce, modify, license, distribute, and otherwise exploit any Feedback in any manner whatsoever, without restriction, attribution, or compensation. You waive any moral rights you may have in such Feedback. By providing Feedback, you represent and warrant that you have the right to make such assignment and that the Feedback does not infringe any third-party rights.

29. Electronic Communications and Notices

BY USING THE SERVICE, YOU CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS FROM US, INCLUDING BUT NOT LIMITED TO EMAILS, PUSH NOTIFICATIONS, IN-APP MESSAGES, AND NOTICES POSTED ON THE SERVICE. 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.

Any notices to you may be made via email to the address associated with your account, through the Service, or by posting on our website. You are responsible for keeping your contact information current. Notice shall be deemed given 24 hours after email is sent or notice is posted. You agree that all notices you provide to us must be sent through our designated contact channels.

30. Injunctive Relief

YOU ACKNOWLEDGE THAT ANY BREACH OR THREATENED BREACH OF THESE TERMS BY YOU MAY CAUSE IRREPARABLE HARM TO SESSIONPOOL FOR WHICH MONETARY DAMAGES WOULD BE INADEQUATE. THEREFORE, IN ADDITION TO ANY OTHER REMEDIES AVAILABLE AT LAW OR IN EQUITY, WE SHALL BE ENTITLED TO SEEK IMMEDIATE INJUNCTIVE OR OTHER EQUITABLE RELIEF AGAINST YOU WITHOUT THE NECESSITY OF PROVING ACTUAL DAMAGES, WITHOUT POSTING ANY BOND OR OTHER SECURITY, AND WITHOUT THE REQUIREMENT OF SHOWING IRREPARABLE HARM.

Nothing in these Terms shall limit our ability to seek and obtain any form of injunctive or equitable relief in any court of competent jurisdiction. Our pursuit of injunctive relief shall not constitute a waiver of our right to pursue any other remedies available under these Terms or at law.

31. Statute of Limitations

YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR BE FOREVER BARRED. THIS SHORTENED STATUTE OF LIMITATIONS APPLIES REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY AND SHALL APPLY TO ALL CLAIMS OF EVERY KIND, WHETHER BASED IN CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY.

If any applicable law prohibits a one-year limitations period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. You acknowledge that this limitation is reasonable and that you have had the opportunity to consult with legal counsel regarding this provision.

32. Independent Parties

NOTHING IN THESE TERMS SHALL BE CONSTRUED TO CREATE A PARTNERSHIP, JOINT VENTURE, EMPLOYMENT, AGENCY, FRANCHISE, OR FIDUCIARY RELATIONSHIP BETWEEN YOU AND SESSIONPOOL. YOU HAVE NO AUTHORITY TO BIND US IN ANY WAY, AND YOU SHALL NOT REPRESENT TO ANY THIRD PARTY THAT YOU HAVE SUCH AUTHORITY. WE ARE INDEPENDENT PARTIES, AND NEITHER PARTY IS AN AGENT, REPRESENTATIVE, OR PARTNER OF THE OTHER.

33. Headings and Interpretation

The section headings in these Terms are for convenience only and shall not affect their interpretation. The word "including" and similar terms shall be construed without limitation. References to "days" mean calendar days unless otherwise specified. These Terms shall not be construed against us merely because we drafted them.

34. Survival

The following sections shall survive any termination or expiration of these Terms: Intellectual Property, SessionPool Credits, Release of Claims, No Fiduciary Duty, Disclaimer of Warranties, Limitation of Liability, Indemnification, Dispute Resolution and Arbitration, Governing Law, Export Compliance, Government Users, Assignment, No Third-Party Beneficiaries, Feedback and Suggestions, Injunctive Relief, Statute of Limitations, and any other provisions that by their nature should survive.

35. Contact Information

If you have any questions about these Terms, please contact us at: Contact Page