These Byrst Terms and Conditions of Use (these “Terms of Use”) govern your use of the website at www.byrst.com (including any replacement, successor, or mirror website, if any, the ““Site”), the AIR Stickers App (the “App” and, together with the Site, the “Platform”) and the services that Byrst, Inc. (“Byrst”) provides via the Platform (collectively, the “Services”). These Terms of Use form a legally binding agreement between you (“You” and “Your”) and Byrst.

BY DOWNLOADING, ACCESSING OR OTHERWISE USING THE PLATFORM OR THE SERVICES IN ANY MANNER, YOU AGREE (ON BEHALF OF YOURSELF OR, IF YOU ARE AN EMPLOYEE OR REPRESENTATIVE OF AN ENTITY AND ARE USING THE SITE OR THE SERVICES ON ITS BEHALF, THAT ENTITY) TO BE BOUND BY THESE TERMS OF USE, INCLUDING ANY MODIFICATIONS, SUPPLEMENTS, REPLACEMENTS, OR CHANGES THERETO. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT ACCESS OR USE THE PLATFORM OR THE SERVICES.

THESE TERMS OF USE GOVERN HOW CLAIMS THAT YOU AND BYRST MAY HAVE AGAINST EACH OTHER MUST BE RESOLVED (SEE SECTION 12 — DISPUTES). THESE REQUIRE YOU TO RESOLVE CERTAIN DISPUTES OR CLAIMS BY BINDING ARBITRATION, RATHER THAN IN COURT, AND LIMIT YOUR RIGHT TO BRING CLAIMS ON BEHALF OF OTHERS. IF YOU DO NOT CONSENT TO THESE TERMS, YOU MAY NOT USE THE PLATFORM OR THE SERVICES.

1. ADDITIONAL TERMS; UPDATES. Some of the Services or functions of the Platform are subject to additional terms, rights, or conditions on use, all of which are deemed to be part of these Terms of Use. These include, but are not limited to, the Byrst Privacy Notice, Community Guidelines, and Copyright and Trademark Policy. If you use the Platform functions relating to the generation of art using artifical intelligence (the “A.I. Functions”), You are subject to the additional A.I. Functions terms indicated throughout as well as those of Stability AI Ltd, available at https://stability.ai/ (the “A.I. Terms”). Byrst reserves the right to modify, supplement, replace or otherwise change these Terms of Use, in whole or in part, at any time. All such modifications, supplements, replacements, or changes are effective immediately upon posting on the Platform. You should regularly review these Terms of Use to be sure that You are aware of, and are in compliance with, the then-current version.
2. USE OF THE PLATFORM AND THE SERVICES. Your ability to access and use any portion of the Platform or any Service is not guaranteed, and Byrst reserves the right, in its sole and absolute discretion, to (a) deny access to, or use of, the Platform, in whole or in part, for any reason at any time, or (b) discontinue or otherwise cease operation of the Platform, in whole or in part, for any reason at any time. In connection with any use of the Platform or any Service:
1. Applicable Law. You are responsible for compliance with all laws and regulations applicable to Your use of the Platform or Service. You must be at least 13 years of age to use the Platform or any Service. Additionally, in order to make use the A.I. Functions, You must be of legal age to enter into a binding contract in your jurisdiction.
2. General Restrictions. You will not, and will not permit any third party to: (a) sell, rent, outsource, lease, license, distribute, sublicense, commercially exploit, or otherwise transfer in whole or in part, the Platform or any Service, or Your ability to access the same, to any third party, or otherwise permit any third party to do the same; (b) decompile, disassemble, reverse engineer, or otherwise attempt to derive source code from the Platform or any Service; (c) create, develop, license, install, use, or deploy any software or services to circumvent, enable, modify, or provide access, permissions, or rights which violate the technical restrictions of the Platform, any Service, or these Terms of Use; (e) translate, modify, or create derivative works based upon the Platform or any Service; (f) operate the App on behalf of or for the benefit of any third party, including without limitation, the operation of any service that is accessed by a third party; or (g) use the Platform or any Service in a manner that subjects the Platform or any Service to any obligations requiring the disclosure, distribution, or licensing of source code. Nothing in the foregoing is intended to, nor shall be understood to, limit or otherwise modify with the A.I. Terms.
3. Community Guidelines. You will at all times comply with the restrictions and requirements of the then-current Byrst Community Guidelines. Any failure to so comply will be deemed to be a material breach of these Terms of Use.
3. ACCOUNTS.
1. Your Account. If You register and create an account, or if you link one of your supported social media accounts to the Service, You represent and warrant that You are of legal age and that all information You provide to Byrst in connection with Your Account (“Account Data”) is complete and accurate. Byrst may terminate Your account and access to the Services at any time, with or without cause at its sole discretion. You must keep Account Data current and complete. By registering for an account, You consent to the receipt of communications from Byrst consistent with the terms of our Privacy Notice.
2. Security. You are solely responsible for maintaining the confidentiality and security of the credentials used to access Your account. You shall be responsibility for all activities that occur under Your account.
4. CONTENT.
1. Responsibility for Your Content. You are solely responsible for all content and other materials that You publish, post, or distribute on the Platform or through any Service (such content and materials, “Content”). By submitting, posting, or otherwise transmitting or distributing Content, You represent and warrant to Byrst that (i) You are the owner of such Content, or that You otherwise have all required rights, licenses, and authorizations required to do so and to grant the licenses set forth in these Terms of Use, (ii) such Content is accurate and complete, (iii) such Content does not violate the rights (including, but not limited to, intellectual property rights and privacy rights) of any third party or person, and (iv) such Content, when used as intended, will not cause physical injury or damage to any person or property.
2. Use and License. You acknowledge and agree that any Content may be copied, republished or distributed by third parties. You hereby grant to Byrst, its affiliates and certain third-party providers, a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: (i) use, retain, copy sublicense, adapt, transmit, retransmit, distribute and/or publicly perform or display such Content, including in connection with the publication of the Platform and the performance of the Services, (ii) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Content, (iii) exercise Byrst's rights and obligations under these Terms of Use.
3. Content Moderation. Byrst shall have the right, but not the obligation, to (i) review or screen any Content submitted to the Platform or through the Services; (ii) revise any such Content; and/or (iii) remove or take down any Content for any reason, at any time, without prior notice, at Byrst's sole discretion. You acknowledge that Byrst and, where applicable, our third-party providers may preserve your Content and related information such as uploaded images and text prompts and may also disclose such materials if required to do so by law.
4. Other Content. While Byrst uses reasonable efforts to enforce these Terms of Use in connection with the use of the Platform and Services by users and the provision of Content in connection with such use, you understand and acknowledge that Byrst does not make any representation or warranty with respect to any Content You may access in connection with the Platform or any Service. YOUR USE OF THE PLATFORM, THE SERVICES, AND ALL CONTENT IS SOLELY AT YOUR OWN RISK. These Terms of Use will not be deemed to create any private right of action or any reasonable expectation that Content will comply with the requirements and limitations of these Terms of Use.
5. THIRD PARTY PRODUCTS AND SERVICES. The Platform and Services may contain or incorporate third party products and services, as well as third-party content and recommendations for third party products and services. Byrst makes no representation or warranty regarding any third-party products or services, and is not responsible for the performance of any third party including any third-party products or services incorporated into our Platform and Services (e.g., the A.I. Functions). Byrst’s use of any third-party product or service should not on its own be understood to indicate an endorsement by either party or similar relationship absent an express statement indicating the existence of such.
6. INTELLECTUAL PROPERTY.
1. Ownership. In these Terms of Use, the term “Intellectual Property Rights” means, collectively, patents, copyrights, trademarks, service marks, trade secrets, and any other proprietary intellectual property rights. The Platform and the Services, and all improvements, enhancements, modifications, and derivative works thereof, and all related Intellectual Property Rights, are and will remain the sole and exclusive property of Byrst. Your right to use the Platform and Services are limited to those expressly provided in, and are in all cases subject to, these Terms of Use. No other rights with respect to the Platform or Services are implied, and You shall gain no interest or rights in or to Byrst's Intellectual Property Rights. These Terms of Use shall not be deemed to constitute a sale of the Platform, any Service, or any Content that you may access in connection with the Platform or any Service, and You shall not receive title or other rights thereto, or any copies thereof delivered to or made by You, or any Intellectual Property Rights therein. Byrst will at all times retain all rights not expressly granted to You, and nothing in these Terms of Use will constitute a waiver of Byrst's rights under copyright laws or any other federal or state law or treaty.
2. Modifications and Suggestions. Any suggestions, feedback, modifications, improvements, enhancements, alterations, customizations or derivative works of the Platform or Services, whether or not authorized, made by Byrst or You shall be the sole and exclusive property of Byrst, and You hereby assign all of Your right, title and interest therein to Byrst.
3. Adverse Action. Any and all rights to use the Platform, any Service, or any Content that you access via the Platform or Service, shall terminate immediately as of the date that You commence any claim, or otherwise support any claim by a third party alleging, that the Platform or any Service infringes any Intellectual Property Rights.
7. LIMITATION OF LIABILITY. THE PLATFORM AND SERVICES, INCLUDING ANY CONTENT WHICH YOU MAY ACCESS IN CONNECTION THEREWITH, IS PROVIDED “AS IS” AND BYRST EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES ASSOCIATED WITH OR RELATING TO THE PLATFORM, SERVICES, AND CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, QUIET ENJOYMENT OR FITNESS OF A PARTICULAR PURPOSE. BYRST DOES NOT WARRANT THAT THE PLATFORM OR SERVICES WILL BE ERROR-FREE OR AVAILABLE WITHOUT INTERRUPTION, NOR THAT ANY ERRORS WILL BE CORRECTED. BYRST DOES NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF THE PLATFORM, SERVICES, OR ANY CONTENT. BYRST DOES NOT AND CANNOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE POSSIBLE OUTCOMES OR BENEFITS YOU MAY OBTAIN BY USING THE PLATFORM, SERVICES, OR ANY CONTENT. SHOULD THE PLATFORM, SERVICES, OR ANY CONTENT PROVE DEFECTIVE OR INADEQUATE IN ANY RESPECT, YOU (AND NOT BYRST) ASSUME THE ENTIRE COST OF ALL NECESSARY CORRECTION. NEITHER BYRST NOR ANY OTHER PERSON OR ENTITY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE PLATFORM, SERVICES, OR ANY CONTENT, OR ANY OF THEIR RESPECTIVE COMPONENTS, SHALL BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOST SAVINGS, LOSS OF DATA, COMMERCIAL LOSS, OR OTHER SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, THE RESULTS OF USE, OR INABILITY TO USE THE PLATFORM, SERVICES, OR ANY CONTENT, OR ANY OF ITS COMPONENTS, EVEN IF BYRST OR OTHERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM, INCLUDING IF THE REMEDIES PROVIDED IN THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE. IN NO EVENT WILL BYRST'S LIABILITY EXCEED FIFTY DOLLARS ($50). SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. EACH PARTY ACKNOWLEDGES THE ALLOCATION OF RISK SET FORTH HEREIN AND THAT THE PARTIES WOULD NOT HAVE EXECUTED THESE TERMS OF USE WITHOUT THESE LIMITATIONS OF LIABILITY.
8. INDEMNIFICATION. You agree to indemnify and hold harmless, and upon request defend, Byrst and its affiliates from any and all losses, damages, costs, or other expenses incurred thereby (including court costs and attorneys' fees) to the extent arising out of Your use or misuse of the Platform, the Services, or any Content, or the breach of Terms of Use by You or any person or entity acting on Your behalf.
9. PRIVACY. As part of Your use of the Platform and any Services, You acknowledge and consent to Byrst's collection and use of certain information regarding You and Your use of the Platform and Services as provided in Byrst's privacy notice, available at: the Privacy Notice. This information includes all data which You voluntarily provide as part of Your use of the Platform or Services, as well as general device, usage, geolocation, and diagnostic information which Your browser may provide. To provide us with any notice pursuant to these Terms of Use, or otherwise with respect to Your data, You may contact us as detailed in the Privacy Notice.
10. EQUITABLE REMEDIES. You hereby agree that if these Terms of Use are not specifically enforced Byrst will be irreparably damaged. You therefore agree that Byrst shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect any breach(es) of these Terms of Use, in addition to any other remedies available at law or in equity.
11. GOVERNING LAW. These Terms of Use shall be governed by the laws of the State of Delaware, without regard to choice of law principles, and the applicable federal laws and international treaties of the United States of America. These Terms of Use shall inure to the benefit of Byrst, its successors and assigns. These Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. These Terms of Use, which is in English, shall be interpreted in accordance with the commonly understood meaning of the words and phrases in the United States of America. You waive any rights that You may have under the laws of Your country for these Terms of Use to be written in the language of that country.
12. DISPUTES.
1. Notice. PLEASE READ THE FOLLOWING SECTIONS CAREFULLY. THESE TERMS REQUIRE THAT YOU ARBITRATE DISPUTES REGARDING THE PLATFORM AND SERVICES AND LIMIT THE MANNER BY WHICH YOU CAN SEEK RELIEF.
2. Requirement to Arbitrate. Any dispute or claim relating to or arising out of these Terms of Use, the Platform, the Services, or any Content, shall be submitted to binding, individual, arbitration. The arbitration shall be conducted in Wilmington, Delaware, in accordance with the Commercial Rules of the American Arbitration Association (the “AAA”) in effect at the time the dispute or claim arose, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable). ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You agree to notify Byrst of any dispute within thirty (30) days of when it arises. Notwithstanding the foregoing, there shall be no requirement to submit to arbitration any dispute in which either party seeks equitable or other relief for the improper use of, or infringement of, Intellectual Property Rights, or that relate to conduct that potentially violates applicable law. The arbitrator's award will be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
3. No Class Actions. EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS OTHERWISE AGREED BY THE PARTIES, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).
4. Jurisdiction. If a court decides that any part of this Section 12 is unenforceable, any claim or dispute that has arisen or may arise will be resolved exclusively by a state or federal court located in Wilmington, Delaware; provided that You expressly agree that Byrst may seek to enforce any judgment anywhere in the world where You may have assets, or to otherwise protect and enforce its rights under these Terms of Use.