GenerateUGC.AI is operated by GenerateUGC.AI, LLC, with its registered address at 7901 4TH ST N, SAINT PETERSBURG, FL 33702 STE 300 ("GenerateUGC.AI", "we", "our", or "us").

Please read this Terms of Service Agreement ("Agreement") carefully, as it constitutes legally binding terms and conditions and applies to Your use of (a) the website located at https://generateugc.ai and all corresponding web pages and websites associated with the foregoing URL ("Site"); and (b) any other content, applications, features, functionality, information, and services offered by GenerateUGC.AI through the Site, including, without limitation, viral, embeddable, or application/device-based features and related technology (e.g., mobile, web, console, desktop, and other APIs, widgets, plugins, applications, etc.) ((a) and (b), collectively, "Services").

These Terms of Service apply whether You are accessing the Services via a wireless or mobile device, a personal computer, or any other technology or device (each, a "Device").

These Terms of Service do not cover other services, websites, or any corresponding content, features, or activities made available by any other company or third party, unless specifically stated.

These Terms of Service apply to all Users of the Services. By using the Services, You expressly understand, acknowledge, and agree to comply with these Terms of Service and any Additional Terms and conditions that We may provide to You in connection with Your use of or access to same, including, without limitation, in connection with related technology (e.g., widgets, plugins, applications, etc.) and other products and services we may offer or make available to You ("Additional Terms").

The Additional Terms are hereby incorporated into this Agreement by reference as though fully set forth herein. To the extent that there is a conflict between this Agreement and the Additional Terms, the Additional Terms shall govern.

"Additional Terms" means any additional terms and conditions that We may provide to You in connection with Your use of or access to the Services, including, without limitation, in connection with related technology (e.g., widgets, plugins, applications, etc.) and other products and services We may offer or make available to You.

"Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with GenerateUGC.AI. "Control," for purposes of this definition, means direct or indirect ownership or control of more than 50 percent of the voting interests of the subject entity.

"Agreement" means these Terms of Service.

"Beta Services" means services or functionality that may be made available to You to try at Your option at no additional charge which is clearly designated as beta, pilot, limited release, developer preview, non-production, evaluation, or by a similar description.

"Confidential Information" means all information disclosed by a party ("Disclosing Party") to the other party ("Receiving Party"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Your Confidential Information includes Your Data. Our Confidential Information includes the Services and Content. Confidential Information of each party includes the terms and conditions of this Agreement and all pricing, business, and marketing plans; technology and technical information; product plans and designs; and business processes disclosed by such party. Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.

"Content" means information obtained by GenerateUGC.AI from publicly available sources or third-party content providers and made available to You through the Services, or Beta Services.

"Device" means a wireless or mobile device, a personal computer, or any other technology or device.

"Malicious Code" means code, files, scripts, agents, or programs intended to do harm, including but not limited to viruses, worms, time bombs, and Trojan horses.

"Non-GenerateUGC.AI Application" means a Web-based, mobile, offline, or other software application functionality that is provided by You or a third party and interoperates with a Service, including, for example, an application that is developed by or for You.

"Purchased Material" means AI influencers and AI generated content, or other deliverables You or Your Affiliate purchase via the Services.

"Fair Use Policy" means GenerateUGC.AI's policy governing acceptable usage levels for Unlimited Plans, intended to ensure equitable platform performance for all Users and to protect GenerateUGC.AI's infrastructure, third-party API availability, and system integrity.

"Unlimited Plan" means a subscription tier providing access to generation features without a predetermined monthly credit cap, subject to the Fair Use Policy. An Unlimited Plan does not mean infinite, instantaneous, or guaranteed-speed access under all circumstances.

"GenerateUGC.AI Affiliate Partner" means any individual or entity that has entered into a separate Affiliate Partner Agreement with GenerateUGC.AI to promote the Services in exchange for commission-based compensation. GenerateUGC.AI Affiliate Partners are independent contractors and are distinct from Affiliates as defined above.

"Services" means any content, applications, features, functionality, information, and services offered by GenerateUGC.AI through the Site, including, without limitation, viral, embeddable, or application/device-based features and related technology (e.g., mobile, web, console, desktop, and other APIs, widgets, plugins, applications, etc.).

"User" means an individual who is authorized by You to use a Service, for whom You have purchased a Service (or in the case of any Services provided by Us without charge, for whom a Service has been provisioned), and to whom You (or, when applicable, Us at Your request) have supplied a user identification and password (for Services utilizing authentication). Users may include, for example, Your employees, consultants, contractors, agents, and third parties with which You transact business.

"We," "Us," or "Our" means GenerateUGC.AI and our Affiliates.

"You" or "Your" means You or the company or other legal entity on behalf of which You are accepting this Agreement and Affiliates of that company.

"Your Data" means electronic data and information submitted by or for You to the Services, excluding Content and Non-GenerateUGC.AI Applications.

These Terms of Service govern Your acquisition and use of Our Services.

By accepting these Terms of Service, either by clicking a box indicating Your acceptance or by executing a purchase that references these Terms of Service, You agree to the terms of this Agreement. If You are entering into this Agreement on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to this Agreement. If You do not have such authority, or if You do not agree with these terms and conditions, You may not accept this Agreement and may not use the Services.

You may not access the Services if You are Our direct competitor, except with Our prior written consent. In addition, You may not access the Services for purposes of monitoring their availability, performance, or functionality or for any other benchmarking or competitive purposes.

We may modify these Terms of Service at any time, at our sole discretion. If we make material changes, we will notify You by posting or displaying a notice on the Services and/or via other electronic means (e.g., e-mail) at least thirty (30) days before the changes take effect. For non-material changes, such changes become effective immediately upon posting. The form of such notice is at our discretion. Your continued use of the Services after the effective date of any updated Terms constitutes Your acceptance of the modified Terms. If You do not agree with the modified Terms, You must stop using the Services before the effective date.

We reserve the right to refuse service to anyone for any reason at any time.

We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

You consent to the processing of customer data in the United States. For transfers of personal data from the European Union, the European Economic Area, or Switzerland to the United States, GenerateUGC.AI relies on the EU-U.S. Data Privacy Framework (and the UK Extension and Swiss-U.S. Data Privacy Framework, as applicable), Standard Contractual Clauses approved by the European Commission, or other lawful transfer mechanisms as required under applicable law. In addition, for customers located in the European Union or the European Economic Area, we will comply with the EU General Data Protection Regulation.

These Terms of Service and any rights, licenses, claims, and privileges granted herein may not be transferred or assigned by you. We may assign any of Our rights or obligations hereunder, whether by operation of law or otherwise, without Your prior consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all Our assets. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their respective successors, and their permitted assigns.

The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.

Except as expressly set forth in this paragraph, there are no third-party beneficiaries under this Agreement. If You access the Services through an application distributed via the Apple App Store, You acknowledge and agree that Apple, Inc. and its subsidiaries are third-party beneficiaries of this Agreement and that, upon Your acceptance of this Agreement, Apple has the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third-party beneficiary.

No failure or delay by either party in exercising any right under this Agreement will constitute a waiver of that right.

If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision will be deemed null and void, and the remaining provisions of this Agreement will remain in effect.

This Agreement was last updated on March 27, 2026. It is effective between You and Us as of the date of You accepting this Agreement.

Governing Law. This Agreement and any disputes arising out of or related to it shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles.

Electronic Acceptance. By clicking a box indicating Your acceptance of this Agreement, executing a purchase that references this Agreement, or otherwise manifesting assent electronically, You acknowledge and agree that such action constitutes Your electronic signature and is legally binding under the Federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. §7001 et seq., and applicable state laws, including the Uniform Electronic Transactions Act (UETA).

Auto-Renewal Disclosure. If You subscribe to any Services on a recurring basis, Your subscription will automatically renew at the end of each billing cycle at the then-current rate unless You cancel before the renewal date. Before Your initial purchase, We will clearly disclose the auto-renewal terms, the recurring charge amount, and the cancellation procedure. Upon completion of Your initial subscription purchase, We will send You a confirmation of the auto-renewal terms, including instructions for how to cancel. If the renewal rate changes from the rate disclosed at the time of Your initial purchase or most recent renewal, We will notify You of the new rate and obtain Your affirmative consent before charging the updated amount. You may cancel auto-renewal at any time through Your account settings or by contacting Us at [email protected]. Cancellation will take effect at the end of the then-current billing period. This disclosure is provided in compliance with California Business and Professions Code §17600 et seq., New York General Obligations Law §5-903, the Federal Trade Commission's Negative Option Rule, and all other applicable automatic renewal laws.

Force Majeure. Neither party shall be liable for any failure or delay in performing its obligations under this Agreement (other than payment obligations) where such failure or delay results from circumstances beyond the affected party's reasonable control, including but not limited to acts of God, natural disaster, pandemic, act of government, flood, fire, earthquake, civil unrest, act of terror, strikes or labor disputes, Internet service provider failure, denial of service attacks, utility failures, or interruption or failure of third-party services. The affected party shall provide prompt written notice to the other party and shall use commercially reasonable efforts to mitigate the effects of the force majeure event. If the event continues for more than ninety (90) days, either party may terminate this Agreement upon written notice. In the event of such termination, upon written request submitted to [email protected] within thirty (30) days of the effective date of such termination, GenerateUGC.AI will provide a prorated refund for any prepaid fees covering the period after the effective date of termination during which Services were not available due to the force majeure event. It is solely Your responsibility to submit a timely refund request.

Data Processing Agreement. To the extent that GenerateUGC.AI processes personal data on behalf of a User who is a data controller under the GDPR, the UK GDPR, or the Swiss Federal Act on Data Protection, GenerateUGC.AI's standard Data Processing Agreement ("DPA"), available at [email protected], is hereby incorporated into this Agreement by reference and applies automatically to all such processing. By accepting this Agreement, You also accept the terms of the DPA to the extent applicable to Your use of the Services. If there is a conflict between this Agreement and the DPA with respect to the processing of personal data, the DPA shall prevail.

These Terms of Service, and any posted revision or modification thereto, shall remain in full force and effect while You use or are registered for the Services. You may terminate Your use of or registration to the Services at any time, for any reason. If You have a paid subscription and terminate Your subscription prior to the end of Your then-current billing period, Your access to the paid features of the Services will continue until the end of that billing period, after which Your account will be downgraded or deactivated. We may terminate Your use of or registration to the Services at any time, for any or no reason, with or without prior notice or explanation, and without liability or obligation to You or any third party, except as expressly provided in the Fees and Payment for Services section of this Agreement. Even after termination, the following sections shall survive and remain in full force and effect: Definitions, Fees and Payment for Services, Proprietary Rights and Licenses, Copyright Infringement, Privacy Policy, Representations Warranties Exclusive Remedies and Disclaimers, Indemnification, Limitation of Liability, and General Conditions.

Violation of any of these terms will result in the termination of Your GenerateUGC.AI account.

If this Agreement is terminated by You in accordance with the preceding section, You may request a refund of any fees for Services paid but not yet rendered by contacting [email protected] within thirty (30) days of the effective date of termination. It is solely Your responsibility to submit a timely refund request. If this Agreement is terminated by Us in accordance with the preceding section, You will pay any fees covering any Services provided. In no event will termination relieve You of Your obligation to pay any fees payable to Us for the period prior to the effective date of termination. Our liability shall be limited to the amount of any fees paid for the Services.

Upon request by You made within 30 days after the effective date of termination or expiration of this Agreement, We will make Your Data available to You for export. After such 30-day period, We will have no obligation to maintain or provide any of Your Data.

This section and the sections titled "Definitions," "Fees and Payment for Services," "Proprietary Rights and Licenses," "Copyright Infringement," "Privacy Policy," "Representations, Warranties, Exclusive Remedies, and Disclaimers," "Indemnification," "Limitation of Liability," and "General Conditions" will survive any termination or expiration of this Agreement.

Subject to these Terms of Service, the Services shall enable You to access certain features, functionality, information, and services provided by us, which may include, without limitation, generating AI influencers and AI generated content, and more produced by You.

Some of the Services may be dependent on and/or interoperate with third-party owned and/or operated platforms and services (e.g., Google, Facebook, Twitter, etc.) (each, "Third Party Platform") and may require that You be a registered member of such Third Party Platforms and provide certain account credentials and other information in order to access such Services. Such Third Party Platforms, in addition to providing application hosting, content distribution, support, and other related services, may provide us with certain additional information about You, which may include, without limitation, Your email address, legal name, country of residence, location, date of birth, preferences, and usage data, all as more fully described herein, including in the Privacy Policy. Our access to, use of, and disclosure of such information shall be subject to the terms and conditions herein, including the Privacy Policy. The Services integrate third-party APIs, AI models, and cloud infrastructure from various technology providers. By using the Services, You agree that Your use is subject to the applicable terms of service and acceptable use policies of any third-party providers whose services are integrated into the platform, as updated from time to time. Where You access the Services via an Apple device or through any Apple platform, Your use is additionally subject to Apple's applicable platform terms and App Store guidelines. A current list of third-party service providers whose terms apply to Your use of the Services is available upon request by contacting [email protected] or by phone at +1 305-209-9537.

The Services may contain features designed to interoperate with Non-GenerateUGC.AI applications. To use such features, You may be required to obtain access to such Non-GenerateUGC.AI applications from their providers and may be required to grant Us access to Your account(s) on such Non-GenerateUGC.AI applications. We cannot guarantee the continued availability of such Service features and may cease providing them without entitling You to any refund, credit, or other compensation, if for example and without limitation, the provider of a NonGenerateUGC.AI application ceases to make the Non-GenerateUGC.AI application available for interoperation with the corresponding Service features in a manner acceptable to Us

You agree to comply with the terms of service of any Non-GenerateUGC.AI Applications or Third Party Platform with which You use Services or Content

Unlimited Plans; Fair Use Policy. Certain subscription plans designated as "Unlimited" provide access to generation features without a fixed monthly credit cap. Notwithstanding this designation, all Unlimited Plans are subject to the following:

• (a) The absence of a predetermined credit cap does not mean unrestricted, instantaneous, or guaranteed-speed access under all conditions. GenerateUGC.AI reserves the right to implement reasonable usage thresholds, rate limits, or queuing for any account whose usage materially exceeds the typical usage patterns of our subscriber base, as determined by GenerateUGC.AI in its sole reasonable discretion.

• (b) The Services rely on third-party APIs, AI models, and cloud infrastructure provided by various third-party technology partners. In the event any third-party provider imposes quota restrictions, rate limits, or service interruptions, GenerateUGC.AI reserves the right to temporarily limit generation volume or speed without liability or obligation to provide a refund or credit.

• (c) Unlimited Plans are licensed solely for Your own personal or internal business use. You may not resell, sublicense, white-label, or redistribute GenerateUGC.AI's generation Services to third parties on a commercial basis. Violation of this provision will result in immediate account termination without refund.

• (d) Access via bots, automated scripts, or any non-human means not expressly authorized in writing by GenerateUGC.AI is strictly prohibited.

• (e) GenerateUGC.AI does not warrant uninterrupted or minimum-speed access for Unlimited Plans. Temporary queuing or limitations imposed due to high demand or third-party infrastructure constraints do not constitute a breach of this Agreement.

Affiliate Partner Program. GenerateUGC.AI may operate an Affiliate Partner Program through which independent third parties ("Affiliate Partners") earn commission-based compensation for referring paying customers to the Services. The following terms apply to all Affiliate Partners and to Users who access the Services through affiliate referral links:

• (a) Independent Contractor Status. Affiliate Partners are independent contractors, not employees, agents, joint venture partners, or legal representatives of GenerateUGC.AI. GenerateUGC.AI has no control over and assumes no responsibility for the actions, statements, representations, or promotional methods used by any Affiliate Partner.

• (b) Affiliate Partner Responsibility. Each Affiliate Partner accepts full and sole responsibility for all promotional content, advertising materials, claims, and representations they make regarding the Services. Affiliate Partners must ensure that all promotional activities comply with applicable federal, state, and local laws and regulations, including without limitation the FTC's Endorsement and Testimonial Guidelines (16 C.F.R. Part 255), which require clear and conspicuous disclosure of any material connection between the Affiliate Partner and GenerateUGC.AI.

• (c) Prohibited Promotional Conduct. Affiliate Partners are strictly prohibited from making false, misleading, or exaggerated claims about the Services; guaranteeing specific results or earnings; misrepresenting the features, pricing, or terms of any GenerateUGC.AI subscription plan; using spam, unsolicited messaging, or deceptive advertising practices; bidding on GenerateUGC.AI's branded keywords in paid search without prior written approval; or otherwise engaging in any promotional conduct that violates applicable law or GenerateUGC.AI's brand guidelines. Affiliate Partners must not use the trademarks, logos, or brand assets of any third-party platform — including without limitation Apple, Google, or Meta — in promotional materials without the express written authorization of the respective platform owner.

• (d) No GenerateUGC.AI Liability for Affiliate Promotions. GenerateUGC.AI is not responsible for and expressly disclaims all liability arising from any promotional content, claims, representations, or actions made by any Affiliate Partner. If You were referred to the Services through an Affiliate Partner and believe that Affiliate Partner made false or misleading representations to You, Your recourse is against that Affiliate Partner directly, not GenerateUGC.AI.

• (e) Indemnification by Affiliate Partners. Each Affiliate Partner agrees to indemnify, defend, and hold harmless GenerateUGC.AI, its officers, directors, employees, and agents from and against any and all claims, damages, fines, penalties, costs, and expenses — including reasonable attorney fees — arising out of or relating to the Affiliate Partner's promotional activities, violation of applicable law, or breach of their Affiliate Partner Agreement with GenerateUGC.AI.

• (f) Commission Payments. GenerateUGC.AI will pay commissions to Affiliate Partners in accordance with the terms of their individual Affiliate Partner Agreement. GenerateUGC.AI reserves the right to withhold, reverse, or forfeit commissions associated with fraudulent referrals, self-referrals, chargebacks, refunded transactions, or referrals obtained through prohibited promotional conduct. Commission structures are subject to change upon notice to Affiliate Partners.

• (g) Termination of Affiliate Status. GenerateUGC.AI reserves the right to terminate any Affiliate Partner's participation in the Affiliate Partner Program at any time, with or without cause, upon notice. Upon termination, the Affiliate Partner will forfeit any unpaid commissions associated with transactions that have not yet met the applicable payout threshold or that are under review for fraud or policy violations.

• (h) Affiliate Partner Data Sharing. GenerateUGC.AI may share limited data — including referral identifiers, transaction confirmations, and commission-relevant purchase data — with GenerateUGC.AI Affiliate Partners for the purpose of tracking referrals and calculating commissions. Affiliate Partners do not receive Your name, email, payment information, or User Content.

Content Generation; User Likeness and Creative Content.

• (a) User-Submitted Likeness. When using GenerateUGC.AI's content generation features, You may upload photographs, images, or visual references of Your own face, body, clothing, and personal creative assets ("User Likeness") for incorporation into generated video content. By submitting User Likeness, You represent and warrant that: You are the individual depicted, or You have obtained explicit written authorization from the individual depicted to use their likeness in AI-generated content; You own or have secured all necessary rights to any clothing, artwork, logos, or branded items visible in submitted images; and Your use of the content generation features does not violate any applicable law, third-party intellectual property right, or right of publicity.

• (b) Full User Responsibility. You accept full and sole legal responsibility for all content You submit to and generate through the content generation features. GenerateUGC.AI provides generation tools only and does not review, approve, or endorse User-generated content prior to creation. You — not GenerateUGC.AI — are solely liable for any claims arising from Your generated content, including without limitation claims relating to copyright infringement, trademark infringement, right of publicity violations, defamation, or misappropriation of likeness.

• (c) Prohibited Content. Notwithstanding the creative latitude afforded to Users, You may not use the content generation features to: Generate content featuring the likeness of any real person other than Yourself without that person's explicit written consent; Reproduce, replicate, or create derivative works featuring copyrighted characters, franchise IP, or branded content owned by third parties; Generate content that could constitute deepfake material used to deceive, defame, harass, or harm any individual; or Generate content that violates any applicable third-party platform terms, including without limitation the terms of any AI model provider integrated into the Services.

• (d) Third-Party Model Dependency. The content generation features are powered by third-party AI model providers whose terms, safeguards, and content policies govern what can be generated. GenerateUGC.AI does not control and is not responsible for the output limitations, content filtering, or policy changes implemented by such providers. Availability of specific generation capabilities may change at any time based on third-party provider decisions without notice or liability to You.

• (e) Third-Party Provider Terms. The content generation features are powered by third-party AI generation services and models. By using the content generation features, You agree that Your use is subject to the applicable terms of service, acceptable use policies, and content policies of GenerateUGC.AI's third-party AI video generation provider(s), as amended from time to time. Details of applicable third-party provider terms are available upon request by contacting [email protected] or by phone at +1 305-209-9537.

• (f) Indemnification. You agree to indemnify, defend, and hold harmless GenerateUGC.AI, its officers, directors, employees, and agents from and against any and all claims, damages, costs, and expenses — including reasonable attorney fees — arising from Your use of the content generation features, Your submitted content, Your generated videos, or Your violation of any provision of this section.

AI-Generated Content Disclosure. All content generated through the content generation features is produced by artificial intelligence models. By using this feature, You acknowledge that You are interacting with an AI system and that all output is AI-generated. You agree to clearly disclose the AI-generated nature of any content You publish or distribute in accordance with applicable platform policies and laws, including without limitation disclosure requirements on social media platforms such as YouTube, Instagram, TikTok, and others.

You must be at least 18 years of age to use the Services. By using the Services, You represent and warrant that You are 18 years of age or older. The Services are not directed toward and may not be used by individuals under the age of 18. This requirement exists because the Services integrate third-party AI APIs and generation models whose terms of service prohibit use by or access from individuals under 18 years of age. If We become aware that a User is under 18, We will immediately terminate that User's account without refund and will promptly delete all personal data, User Content, and any other information associated with that account, in compliance with the Children's Online Privacy Protection Act (COPPA), the California Consumer Privacy Act (CCPA), and any other applicable federal or state laws governing the collection of data from minors.

In order to access and use certain content, features and functionality of the Services, we may require that You:

Register for the applicable Services, whether on the Site, a Third Party Platform, or otherwise, including, in some instances, by creating and/or providing a username and password combination ("User ID"); and

Provide to us and/or make available (e.g., via Third Party Platform permissions and consents, etc.) certain additional information, which may include, without limitation, Your email address, legal name, country of residence, location, date of birth, usage data, and other information, and, for fee-based transactions and purchases (if applicable) offered by Us, Your physical address, telephone number(s), applicable payment information (e.g., payment card data, etc.), and other information.

Your personal account with the Services, which is created when You register for the Services, shall be referred to herein as Your "User Account."

Our use of Your Data and Confidential Information is subject to the terms of the Privacy Policy included herein. If You elect to become a registered User of the Services, You are responsible for maintaining the strict confidentiality of Your User ID, and You shall be responsible for any access to or use of the Services by You or any person or entity using Your User ID, whether or not such access or use has been authorized by You or on Your behalf, and whether or not such person or entity is Your employee or agent.

You agree to immediately notify Us of any unauthorized use of Your User ID or User Account or any other breach of security.

It is Your sole responsibility to control the dissemination and use of Your User ID and User Account, control access to Your User ID and User Account, and cancel Your User Account on the Services.

We reserve the right to deny access, use, and registration privileges to any User of the Services if we believe there is a question about the identity of the person trying to access any account or element of the Services.

We shall not be responsible or liable for any loss or damage arising from Your failure to comply with this Section.

We will make the Services available to You pursuant to this Agreement, provide applicable support for the Services to You at no additional charge, and/or provide upgraded support if purchased.

We will use commercially-reasonable efforts to make the Services available 24 hours a day, seven days a week, except for planned downtime (of which We shall give advance electronic notice), and any unavailability caused by circumstances beyond Our reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike, or other labor problem (other than one involving Our employees), Internet service provider failure or delay, Non-GenerateUGC.AI Application, or denial of service attack.

We will maintain commercially-appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality, and integrity of Your Data. Those safeguards will include, but will not be limited to, measures for preventing access, use, modification, or disclosure of Your Data by Our personnel except to provide the Services and prevent or address service or technical problems, as compelled by law, or as You expressly permit in writing.

We will be responsible for the performance of Our personnel and Our employees and contractors and their compliance with Our obligations under this Agreement, except as otherwise specified herein.

From time to time, We may make Beta Services available to You at no charge. You may choose to try such Beta Services or not in Your sole discretion. Beta Services are intended for evaluation purposes and not for production use, are not supported, and may be subject to additional terms. Beta Services are not considered "Services" under this Agreement; however, for the avoidance of doubt, the Privacy Policy applies equally to data collected through Beta Services. Our reservation of rights and Your obligations concerning the Services and use of any related Non-GenerateUGC.AI Applications and Content shall apply equally to Your use of Beta Services. We may discontinue Beta Services at any time in Our sole discretion and may never make them generally available. We will have no liability for any harm or damage arising out of or in connection with a Beta Service.

You are solely responsible for Your conduct on and in connection with the Services. We want to keep the Services safe and fun for everyone, and the use of the Services for unlawful or harmful activities is not allowed. You represent, warrant, and agree that, while using the Services, You shall not:

We reserve the right to investigate and take appropriate legal action against anyone who, in Our sole discretion, violates, or is suspected of violating, this Section, including, without limitation, reporting You to law enforcement authorities. Further, You acknowledge, consent, and agree that We may access, preserve, and disclose Your account and registration information and any other content or information if required to do so by law or if based on a good faith belief that such access, preservation, or disclosure is reasonably necessary to (a) comply with the legal process, (b) enforce these Terms of Service, (c) respond to claims that any content or information violates the rights of any third party, (d) respond to Your requests for customer or technical service, or (e) protect the rights, property, or personal safety of Us, Our Users, or any third parties.

You agree to be responsible for the accuracy, quality, and legality of Your Data and the means by which You acquired Your Data.

You will use commercially reasonable efforts to prevent unauthorized access to or use of Services and Content and notify Us promptly of any such unauthorized access or use.

You agree to use Services and Content only in accordance with this Agreement and applicable laws and government regulations.

You further agree not to use the Services — including any Unlimited Plan — to generate content in bulk for resale or supply to third parties, to train any artificial intelligence model without GenerateUGC.AI's prior written consent, or to circumvent any Fair Use Policy threshold, rate limit, or access restriction implemented by GenerateUGC.AI.

You shall not use output from the Services for the sole purpose of developing a service that replicates the core functionality of the Services. You may not attempt to reverse engineer, extract, replicate, or derive any component of any underlying AI models, parameter weights, or proprietary technology accessible through Your use of the Services.

You agree to comply with all applicable prohibited use policies of GenerateUGC.AI's third-party AI service providers, as communicated to You through this Agreement or made available upon request. You may not attempt to bypass, circumvent, or disable any safety filters, content moderation systems, or protective measures built into any AI model or service integrated into the platform.

You acknowledge that GenerateUGC.AI logs certain technical data associated with each generation request for security, abuse prevention, and legal compliance purposes, including but not limited to: account identifiers, timestamps, IP address and geolocation, user agent, generation type, prompt submitted, API quota consumed, and whether any rate limit or threshold was triggered. This data is retained for 12 months, or up to 24 months where required for active security investigations, legal holds, or regulatory compliance, in a secure, access-controlled environment. By using the Services, You expressly consent to this logging and retention.

With respect to the content generation features specifically, You acknowledge that You are solely responsible for ensuring You have the legal right to use any face, likeness, image, or visual asset You submit. GenerateUGC.AI's acceptance of Your submitted content for processing does not constitute any endorsement, approval, or verification of Your rights to that content.

You may not delete, remove, obscure, alter, or conceal any watermarks, credentials, identifiers, metadata, or other marks or signals embedded in or associated with content generated through the Services that indicate the content is AI-generated. Any generated content You distribute or publish must retain all AI-generation indicators required by GenerateUGC.AI's third-party AI service providers or applicable law.

Biometric Data Consent. When You upload photographs or images of Your face or body for use in the content generation features, You acknowledge that such images may constitute biometric data under applicable law. By submitting such images, You expressly consent to GenerateUGC.AI and its third-party AI service providers processing Your biometric data solely for the purpose of generating the requested video content. You further represent that You have obtained all legally required consents from any other individuals whose biometric data appears in images You submit. GenerateUGC.AI retains uploaded images containing biometric data for the duration of Your active account and deletes them within 12 months of account termination, or 3 years from upload, whichever is shorter. Processed biometric scans generated by third-party AI providers during generation are not retained by GenerateUGC.AI beyond the generation session.

GenerateUGC.AI may be contractually obligated to its third-party AI service providers to immediately suspend Your access to the Services upon GenerateUGC.AI becoming aware of any violation by You of applicable third-party provider terms of service or acceptable use policies. Such suspension may occur without prior notice and without liability to You. You acknowledge and agree that GenerateUGC.AI's compliance with this obligation does not constitute a breach of this Agreement.

You must pay all fees prior to using any Services. Fees paid are non-refundable except as expressly provided in this Agreement, including without limitation: (a) prorated refunds for termination without cause as described in this section; (b) refunds for Services paid but not yet rendered upon Your termination as described in the Term and Termination section; and (c) prorated refunds following termination due to a force majeure event as described in the Force Majeure section of the General Conditions. All refunds under this Agreement are available only upon Your written request submitted to [email protected] within thirty (30) days of the event giving rise to refund eligibility. Refund requests received after this 30-day period will not be honored. It is solely Your responsibility to submit a timely refund request; GenerateUGC.AI is not obligated to automatically issue prorated refunds.

Notwithstanding the foregoing, if GenerateUGC.AI terminates Your subscription or account without cause prior to the end of Your then-current billing period, You may be eligible for a prorated refund for the unused portion of that period. To receive any such refund, You must submit a written request to [email protected] within thirty (30) days of the effective date of termination. No refund will be issued where termination results from violation of the Fair Use Policy, violation of the Your Responsibilities section, prohibited resale, automated access, or any other breach of this Agreement.

You will provide Us with valid and updated credit card information, or with a valid purchase order or alternative document reasonably acceptable to Us. We will maintain your credit card information on file, and/or use a trusted third-party service to do so on our behalf. If You provide credit card information to Us, You authorize Us to charge the credit card on file for all Services. Such charges will be made in advance.

If any invoiced amount is not received by Us by the due date, then without limiting Our rights or remedies, those charges may accrue late interest at the rate of 1.5 percent of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower.

If any amount owing by You under this or any other agreement for Our services is 30 or more days overdue (or ten or more days overdue in the case of amounts You have authorized Us to charge to Your credit card), We may, without limiting Our other rights and remedies, accelerate Your unpaid fee obligations under such agreements so that all such obligations become immediately due and payable, and suspend Our services to You until such amounts are paid in full. Other than for customers paying by credit card or direct debit whose payment has been declined, We will give You at least ten days' prior notice that Your account is overdue before suspending services to You.

We will not exercise Our rights relating to overdue charges if You are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute.

Our fees do not include any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, "Taxes"). You are responsible for paying all Taxes associated with Your purchases hereunder. If We have the legal obligation to pay or collect Taxes for which You are responsible, We will invoice You and You will pay that amount unless You provide Us with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, We are solely responsible for taxes assessable against Us based on Our income, property, and employees.

You agree that Your purchases are not contingent on the delivery of any future functionality or features, nor are they dependent on any oral or written public comments made by Us regarding future functionality or features.

We do not claim ownership of the material You use or create using the Services. You retain all ownership rights in Your Data, inputs, and generated content. However, by using the Services, You grant Us certain license rights — including for AI model training and service optimization — as described in detail below. These licenses do not transfer ownership but do grant GenerateUGC.AI broad usage rights that You should review carefully. Any materials uploaded, submitted, and/or input remain Yours.

You agree that only You, or those to whom You provide Your username and password, will have access to Your Materials and You therefore agree to allow us to store them accordingly.

Subject to the limited rights expressly granted hereunder, We and Our licensors reserve all Our/their right, title, and interest in and to the Services and Content, including all of Our/their related intellectual property rights. No rights are granted to You hereunder other than as expressly set forth herein.

You have the right to access and use Content subject to the terms of this Agreement.

Subject to the limited licenses granted herein, We acquire no right, title or interest from You or Your licensors under this Agreement in or to any of Your Data, Non-GenerateUGC.AI Application, or such program code

We claim no ownership in the results of the Purchased Materials generated for and paid for by You, subject to the limitations herein.

You grant to Us and Our Affiliates a worldwide, perpetual, irrevocable, and royalty-free license to use and incorporate into Our and/or Our Affiliates' services any suggestion, enhancement request, recommendation, correction, or other feedback provided by You or Users relating to the operation of Our or Our Affiliates' services.

Customer References. You grant to Us the right to use Your name and, where applicable, Your company name and logo on Our customer list and website for the purpose of identifying You as a customer of the Services. You may revoke this authorization at any time by providing written notice to [email protected], and We will remove Your name and logo within thirty (30) days of receiving such notice.

User Content Showcase License. By using the Services, You grant GenerateUGC.AI a worldwide, non-exclusive, royalty-free, sublicensable license to reproduce, display, distribute, and publicly perform Purchased Materials and other content generated through the Services — including without limitation AI influencers and AI generated content — in GenerateUGC.AI's marketing, advertising, promotional materials, social media accounts, and website, for the purpose of promoting the Services. GenerateUGC.AI may use such content with or without attribution to You. You may revoke this license at any time by providing written notice to [email protected] specifying the content You wish to exclude, and GenerateUGC.AI will cease new uses of the specified content within thirty (30) days of receiving such notice; however, revocation will not require removal of content already incorporated into published materials prior to the effective date of revocation. This license does not transfer ownership of Your content and is limited to promotional use of the Services.

The Purchased Materials may contain intellectual property or other rights that neither You or We own, and use of the Purchased Material may infringe on those rights. Obtaining any permissions or rights necessary to use any intellectual property not owned or controlled by You which may be a part of the Purchased Material shall be solely Your responsibility. We make no warranties or promises that the Purchased Material does not contain intellectual property owned or controlled by third parties, and by using the Purchased Material You hereby indemnify Us from any and all liability arising from use of the Purchased Materials which does infringe on the intellectual property rights of any third parties.

Third-Party AI Providers. In order to provide the Services, GenerateUGC.AI transmits Your inputs, prompts, uploaded content, and related data to third-party artificial intelligence service providers for processing. These providers process Your data under their own terms of service and privacy policies, which GenerateUGC.AI does not control. As of March 27, 2026, GenerateUGC.AI maintains paid commercial agreements with its primary AI service providers, under which user-submitted prompts, inputs, and outputs are not used by those providers for model training or product improvement. If this status changes, GenerateUGC.AI will update the Privacy Policy and notify affected users in accordance with the modification procedures in this Agreement. You acknowledge and consent to these transfers as a necessary part of the Services. A list of GenerateUGC.AI's current subprocessors is available upon request at [email protected] or, for users subject to a Data Processing Agreement, within the subprocessor annex of that agreement. If GenerateUGC.AI materially changes its AI providers, We will notify You in accordance with the modification procedures in the Terms of Service.

AI Training and Service Optimization Rights. You hereby grant GenerateUGC.AI a worldwide, perpetual, irrevocable, royalty-free license to access, use, reproduce, and process any data, inputs, prompts, outputs, Purchased Materials, and usage information generated by or associated with Your use of the Services — including past, present, and future data — for the following purposes:

• (a) Service Optimization (Current Use). GenerateUGC.AI uses Your prompts, inputs, outputs, and uploaded content — including photographs submitted as reference images — to test, evaluate, debug, and optimize the performance and output quality of the Services. This includes internal quality assurance testing, benchmarking generation accuracy, and analyzing usage patterns to improve the results delivered to all Users. This use does not involve submitting Your data to third-party AI providers for the purpose of training their foundational models.

• (b) AI Model Training (Reserved Right). GenerateUGC.AI reserves the right to use Your data for training, developing, improving, and enhancing GenerateUGC.AI's own proprietary artificial intelligence models, algorithms, products, and services. If GenerateUGC.AI begins exercising this right in a manner materially different from the Service Optimization use described in subsection (a), GenerateUGC.AI will update this section and notify You in accordance with the modification procedures in this Agreement.

This license survives termination of this Agreement. Notwithstanding the foregoing: (i) this license does not extend to any materials, code, or content that You submit to the Services which are independently subject to third-party license terms that expressly prohibit use for AI training or service optimization — this carve-out applies only to restrictions imposed by licenses governing content You bring into the Services and does not limit or modify GenerateUGC.AI's rights with respect to prompts, inputs, outputs, or usage data generated through ordinary use of the Services; (ii) this license does not extend to biometric data as defined in the Biometric Data Collection and Consent section of the Privacy Policy — biometric data is excluded from AI model training use; however, uploaded images containing biometric data may be retained and used for service optimization purposes (quality assurance testing, output benchmarking, and prompt analysis) as described in the Privacy Policy; and (iii) for Users subject to the GDPR, UK GDPR, or Swiss FADP, this license is subject to Your right to object under Article 21 and Your right to erasure under Article 17 — upon a valid objection or erasure request, GenerateUGC.AI will cease prospective use of Your data under this section and apply the compensating measures described in the Privacy Policy, and this license will continue to apply only to the extent that data has already been incorporated into optimized systems or trained models and individual extraction is not technically feasible.

AI Training and Service Optimization Opt-Out. You may opt out of the license granted in the preceding paragraph at any time by submitting a written request to [email protected] specifying that You wish to opt out of AI training and service optimization use of Your data. Upon receipt of a verified opt-out request, GenerateUGC.AI will cease using Your prospective data — meaning data submitted after the effective date of the opt-out — for AI model training purposes within thirty (30) days. Service optimization use of uploaded images (quality assurance testing, output benchmarking, and prompt analysis) will continue as described in the Privacy Policy unless You separately request deletion of Your data pursuant to the deletion procedures in the Privacy Policy. Opting out does not affect: (a) data already incorporated into trained AI models or optimized systems prior to the effective date of Your opt-out, as extraction of individual data from trained models and optimized systems is not technically feasible; (b) GenerateUGC.AI's right to use Your data for purposes other than AI training and service optimization, including providing the Services, security, abuse prevention, and legal compliance; or (c) the feedback license granted elsewhere in this section. For the avoidance of doubt, opting out of AI training and service optimization does not terminate Your account or affect Your access to the Services.

Data Portability. You have the right to export Your Data and generated content from the Services at any time. GenerateUGC.AI will provide reasonable tools or mechanisms enabling You to export Your Data in a commonly used format. This right survives termination of this Agreement for a period of 30 days following termination, after which GenerateUGC.AI has no obligation to retain or provide access to Your Data.

We will undertake commercially reasonable efforts to obey all relevant copyright laws in relation to the Services. We will review claims of copyright infringement received and remove content deemed by Us, acting in Our sole discretion, to have been posted or distributed in violation of any such laws.

To make a claim, please provide us with the following:

Written notification of claimed infringement must be submitted to the following agent: Name of Designated Agent: Taylor Mason Address of Designated Agent: 7901 4th St N, STE 300; Saint Petersburg, FL 33702 Email Address of Designated Agent: [email protected] Phone: +1 305-209-9537

If Your content is removed (or access thereto was disabled) and You believe that such content is not infringing or that You have the authorization from the copyright owner, the copyright owner's agent, or pursuant to applicable law to make such content available to GenerateUGC.AI for use on the Services, You may send a counter-notice containing the following information to aforementioned Agent:

If a counter-notice is received by Our agent, We may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten business days. Unless the copyright owner files an action seeking a court order against the content provider or the User, the removed content may be replaced, or access to it restored, in ten to fourteen business days or more after receipt of the counter-notice, at Our sole discretion.

User-Generated Copyright Content. You represent and warrant that any inputs, references, names, likenesses, logos, or other materials You submit to the Services do not infringe upon the intellectual property, publicity, or privacy rights of any third party. If You submit inputs that result in the generation of infringing content, You — not GenerateUGC.AI — bear sole legal responsibility. GenerateUGC.AI expressly disclaims all liability arising from copyright infringement caused by Your inputs or Your use of the resulting Purchased Materials. You agree to indemnify and hold GenerateUGC.AI harmless from any claims, damages, or costs arising from such infringement.

Privacy Policy. Your use of the Services is also governed by Our Privacy Policy, available at generateugc.ai/privacy-policy and set forth in full as a separate document accompanying this Agreement. The Privacy Policy is incorporated into this Agreement by reference.

Each party represents that it has validly entered into this Agreement and has the legal power to do so.

We warrant that this Agreement accurately describes the applicable administrative, physical, and technical safeguards for protection of the security, confidentiality, and integrity of Your Data. We will not materially decrease the overall security of the Services. The Services will perform materially in accordance with this Agreement. Subject to the services available through Non-GenerateUGC.AI Applications, We will not materially decrease the overall functionality of the Services. For any breach of a warranty, Your exclusive remedies are those described in the "Term and Termination" section.

Except for the express warranties stated in the preceding paragraph, the Services are provided "as is" and, except as expressly provided herein, neither party makes any warranty of any kind, whether express, implied, statutory, or otherwise, and each party specifically disclaims all implied warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement, to the maximum extent permitted by applicable law. Content and Beta Services are provided "as is," exclusive of any warranty whatsoever. Each party disclaims all liability and indemnification obligations for any harm or damages caused by any third-party hosting providers.

If We receive information about an infringement or misappropriation claim related to a Service, We may in Our discretion and at no cost to You (i) modify the Services so that they are no longer claimed to infringe or misappropriate, without breaching Our warranties; (ii) obtain a license for Your continued use of that Service in accordance with this Agreement; or (iii) terminate that Service upon 30 days' written notice and refund You any prepaid fees for Purchased Materials which have not yet been delivered.

You will defend Us against any claim, demand, suit, or proceeding made or brought against Us by a third party alleging that any of Your Data infringes or misappropriates such third party's intellectual property rights or arising from Your use of the Services or Content in violation of the Agreement or applicable law, including your contribution of infringing material to the Purchased Services, including without limitation any claims arising under the Illinois Biometric Information Privacy Act (BIPA), the Texas Capture or Use of Biometric Identifier Act (CUBI), the Washington Biometric Identifier statute, or any other federal, state, or international biometric privacy law, brought by any third party whose biometric data was contained in content You uploaded, submitted, or made available through the Services. You will indemnify Us from any damages, attorney fees, and costs finally awarded against Us or for any amounts paid by Us under a settlement approved by You in writing as a result of a claim against Us, provided We (a) promptly give You written notice of the claim against Us, (b) give You sole control of the defense and settlement of the Claim Against Us (except that You may not settle any Claim Against Us unless it unconditionally releases Us of all liability), and (c) give You all reasonable assistance, at Your expense.

This Section states the indemnifying party's sole liability to, and the indemnified party's exclusive remedy against, the other party for any type of claim described in this Section.

In no event shall the aggregate liability of each party together with all its affiliates arising out of or related to this Agreement exceed the total amount paid by You and Your affiliates hereunder for the services giving rise to the liability in the twelve months preceding the first incident out of which the liability arose. The foregoing limitation will apply whether an action is in contract or tort and regardless of the theory of liability, but it will not limit Your and Your affiliates' payment obligations under the "Fees and Payment for Services" section above.

Under no circumstances and under no legal theory, whether tort (including negligence), contract, or otherwise, shall GenerateUGC.AI be liable to any person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if such party was informed of the possibility of such damages. This limitation of liability shall not apply to liability for death or personal injury resulting from such party's negligence to the extent applicable law prohibits such limitation. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not apply to You.

In no event will either party or its affiliates have any liability arising out of or related to this Agreement for any lost profits, revenues, goodwill, or indirect, special, incidental, consequential, cover, business interruption, or punitive damages, whether an action is in contract or tort and regardless of the theory of liability, even if a party or its affiliates have been advised of the possibility of such damages or if a party's or its affiliates' remedy otherwise fails of its essential purpose. The foregoing disclaimer will not apply to the extent prohibited by law.

Notwithstanding the foregoing, the limitations of liability in this section shall not apply to: (a) Your indemnification obligations under the "Indemnification" section; (b) unauthorized use of third-party likenesses in the content generation features, violation of biometric data consent requirements, or submission of content containing third-party biometric data without the required consents; (c) Your breach of the "Proprietary Rights and Licenses" section; or (d) Your payment obligations under the "Fees and Payment for Services" section.

For any liability arising under subsections (a) or (b), Your liability shall be unlimited and not subject to any cap set forth in this Agreement.

For any liability arising under subsections (c) or (d), Your aggregate liability shall not exceed the greater of (i) the total fees paid by You in the twelve (12) months preceding the first incident giving rise to the claim or (ii) fifty thousand dollars ($50,000 USD).

For the avoidance of doubt, GenerateUGC.AI's aggregate liability to any Unlimited Plan subscriber for any temporary limitation, throttling, queuing, or suspension of generation services pursuant to the Fair Use Policy or third-party infrastructure constraints shall in no event exceed the total subscription fees paid by You in the one (1) month immediately preceding the event giving rise to the claim.

These Terms of Service, together with any Additional Terms and any other regulations, procedures, and policies which We refer to and which are hereby incorporated by reference, contain the entire understanding and agreement between You and Us concerning the Services and Your use thereof, and supersede any and all prior or inconsistent understandings relating to the Services and Your use thereof. These Terms of Service cannot be changed or terminated orally. If any provision of these Terms of Service is held to be illegal, invalid, or unenforceable, this shall not affect any other provisions and these Terms of Service shall be deemed amended to the extent necessary to make them legal, valid, and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of these Terms of Service; however, to the maximum extent permitted by applicable law, no action arising out of these Terms of Service or Your use of the Services, regardless of form or the basis of the claim, may be brought by You more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). This limitation applies to the fullest extent permitted by applicable law and does not apply where prohibited by mandatory statute. Where applicable law mandates a longer limitations period that cannot be contractually shortened, the minimum period required by such law shall apply. Any failure by Us to exercise or enforce any right or provision of these Terms of Service will not operate as a waiver of such right or provision.

You agree that the resolution of any disputes, claims, or actions arising hereunder, including, without limitation, in connection with any use of the Services, shall be conducted in each of Your and Our individual capacities only and not as a class action or other representative action, and You and We expressly waive any right to file a class action or seek relief on a class basis.

Except as otherwise specified in this Agreement, all notices related to this Agreement will be in writing and will be effective upon (a) personal delivery, (b) the second business day after mailing, or (c), except for notices of termination or an indemnifiable claim, which shall clearly be identifiable as Legal Notices, the day of sending by email. Billing-related notices to You will be addressed to the relevant billing contact designated by You. All other notices to You will be addressed to the relevant Services system administrator designated by You.

Exclusive Jurisdiction; Jury Trial Waiver; Class Action Waiver; Small Claims Court. You agree that the state and federal courts located in Miami-Dade County, Florida shall have exclusive jurisdiction over all disputes and claims arising out of or relating to this Agreement or the Services, and You consent to the personal jurisdiction of those courts. Any dispute must be brought on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. You and GenerateUGC.AI each waive any right to a jury trial in any legal proceeding arising out of or related to this Agreement or the Services. Notwithstanding the foregoing, either party may bring an individual action in small claims court in the county where You reside or in Miami-Dade County, Florida, provided the claim falls within the jurisdictional limits of that small claims court and remains on an individual, non-class, non-representative basis. Nothing in this section prevents either party from seeking emergency injunctive relief from a court of competent jurisdiction to prevent irreparable harm.

Notwithstanding the foregoing, if You are a consumer located in the European Union, European Economic Area, or the United Kingdom, nothing in this section shall deprive You of the protection afforded by mandatory provisions of the consumer protection laws of Your country of residence that cannot be derogated from by agreement. If mandatory law in Your jurisdiction requires that disputes be brought in Your local courts, You retain that right. This Agreement shall not be construed to limit any rights You have under applicable mandatory consumer protection legislation.