Terms of Use

Last Updated: August 23, 2024

BY ACCESSING OR USING OUR WEBSITE OR OUR PLATFORM YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY

Synthetic Turing Experience Technologies, Inc. ("STXT") operates and manages the JustSext.com web Platform. The Platform supports explicit adult language, themes, images, content and/or entertainment and is only open to consenting adults.

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION IN SECTION 22.2 (THE "ARBITRATION AGREEMENT") AND CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 22.3 (THE "CLASS ACTION/JURY TRIAL WAIVER") THAT REQUIRE, UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS IN SECTION 22.2, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTION OR PROCEEDING.

1. INTRODUCTION

These Terms of Use form the binding contract between STXT and YOU (“User” or “you”, including the variants “your” and “yours”) and governs your rights and responsibilities in connection with your use of the Platform. You acknowledge by accessing or using the Platform, by clicking a button or checking a box marked "I Agree" (or something similar), you signify that you have read, understood and agree to be bound by these Terms, whether or not you are a registered user of the Platform, and that certain other terms, agreements and policies will also apply to you and form part of your agreement with us as a User. Such terms, agreements and/or policies, together with these Terms of Use, referred to collectively as the "Terms," include:

  • Payment Policy – which applies to all Members and outlines all pricing, billing, Tax, and related information
  • Complaints Policy – which sets out the procedure for making a complaint about illegal Content or other aspects of the Platform, and how we will deal with such complaints
  • Content Removal Policy – which sets out the procedure for appealing the removal of Content based on the grounds that it depicts any person with a lack of consent, and how we will deal with such appeals

You also understand and acknowledge that your personal information will be collected, used, shared, and otherwise processed in accordance with our Privacy Notice available at justsext.com/privacy and which applies to all Users.

1.2 By accessing or using the Platform, you are demonstrating your willingness and confirming your agreement to be bound by these Terms, including all instruments and assurances in amendment or confirmation of them made from time to time. If you do not agree to these Terms, you may not use the Platform. You may use the Platform only if you can form a binding contract with STXT, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations, including as further set forth in these Terms. The Platform is not available to any Users previously removed from the Platform by STXT. STXT reserves the right, at its sole discretion, to revise these Terms and you agree that all changes to these Terms will become effective and enforceable as soon as practicable following our notice to you of such changes, unless otherwise set forth in these Terms.

1.3 WE HAVE A ZERO TOLERANCE POLICY REGARDING PEDOPHILES, PEDERASTS, OR ANY PEDOPHILIC, PEDERASTIC, OR SIMILAR RELATED ACTIVITY AND WE TAKE GREAT MEASURES TO ENSURE THAT NO UNDERAGE INDIVIDUALS APPEAR ON THE PLATFORM. WE DO NOT TOLERATE AND WILL REPORT ANY UNLAWFUL ACTIVITIES OR MATERIAL, INCLUDING, BUT NOT LIMITED TO ANY MATERIAL INVOLVING OR REPRESENTING MINORS OR OTHER CHILD EXPLOITATION MATERIALS, INCLUDING ANY VIRTUAL DEPICTION.

2. DEFINITIONS

Where used in these Terms, unless there is something in the context or the subject matter inconsistent therewith, the following terms shall have the following meaning:

  • "AI Generated Content" means any content which has been generated using artificial intelligence tools of any kind.
  • "Adult Content" means any Content that is pornographic or intended to cause sexual arousal, including, but not limited to, Content that depicts a person, cartoon/anime character, or animal with human-like features in a state of full or partial nudity, engaging in sexual intercourse or other sexual acts, or simulating sexual intercourse or other sexual acts.
  • "Content" means any photos, videos, audio (for example music and other sounds), data, text, metadata, images, interactive features, emojis, GIFs, memes, and any other material including AI Generated Content, that is uploaded, published, streamed, sold, offered or posted onto the Platform from time to time.
  • "Guest(s)" means those individuals without a registered account that use the Platform for their personal use and that are restricted to accessing limited features of the Platform.
  • "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
  • "Locked Content" means one-off, particular posts of Content Published, which a Member must individually purchase in order to view. For clarity, Locked Content will not be viewable by Members purchasing a Subscription to Subscription Content.
  • "Member(s)" means those individuals with a registered account that use the Platform for their personal use.
  • "Output" means output arising from or resulting from the Platform and use thereof by Users (including without limitation output resulting from Prompts).
  • "Platform" means the online marketplace and platform operated and managed by STXT, available at justsext.com (and including all current, predecessor or successor mobile applications, websites, domains, subdomains, URLs), where Users can purchase and view Content.
  • "Prompts" means messages sent by Users through the Platform for generation of AI Generated Content.
  • "Publish", and its variants "Publication", "Publishing" or "Published" mean the publication, distribution, offering, streaming, and sharing of Content. As used in these Terms, "Published Content" means Content that is available for Users to view, purchase, and interact with on the Platform.
  • "STXT", as well as all first-person pronouns (such as "we", "us", "our", "ours"), mean Synthetic Turing Experience Technologies, Inc. a Delaware corporation, and/or its affiliates, successors or assigns. STXT operates and manages the Platform.
  • "Subscription" means a Member's recurring subscription to all of the Content previously Published or that will be Published that is designated as Subscription Content.
  • "Subscription Content" means all of the Content Published that a Member would have access to after purchasing a Subscription to Content. For clarity, Subscription Content will not be viewable to any Member who does not purchase a Subscription to such Content.
  • "Tax" or "Taxes" means all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of the United States, Canada or any other jurisdiction.
  • "User(s)", as well as all second-person pronouns (such as "you", "your", and "yours") means either (i) collectively to all Guests and Members as one group, (ii) only to Members as a separate group, or (iii) only to Guests as a separate group.

3. CONTACT; E-SIGN CONSENT

3.1 Contact

To contact us with any questions or complaints about STXT or the Platform, please email our support team at support@stxt.ai. If you are unable to contact us by email, please write to us at the following address: Synthetic Turing Experience Technologies Inc., 3031 W Olympic Blvd, Unit #229, Los Angeles, CA 90006.

3.2 Electronic Transactions

You agree to receive electronic communications (as defined below) from STXT and to transact electronically with STXT. STXT is required by law to give you certain information in writing. This means you have the right to receive that information physically, on paper. With your consent, STXT will send that information to you electronically, instead, in accordance with the United States of America's Electronic Signatures in Global and National Commerce Act ("E-Sign Act"). You hereby consent to receive Communications in electronic form for any STXT products, services, and accounts that you apply for or obtain, either now or in the future. You also consent to the use of electronic signatures in your relationship with STXT and to enter into electronic transactions with STXT. "Communications" includes each disclosure, notice, agreement, Privacy Notice, statement, record, document, and other information that may be required or is otherwise provided during the business relationship between you and STXT.

3.3 Delivery

Electronic Communications may be posted within the Platform or STXT website or mobile application and/or delivered to the email address you provided to STXT. STXT may also deliver Communications to you in the manner specified in any other agreement STXT has with you. It is your responsibility to keep current your contact information associated with your account so that STXT can send you electronic Communications. You can update your email address and other contact information from your account settings within the Platform or by contacting STXT at support@stxt.ai. STXT reserves the right to provide Communications in paper form.

3.4 Withdrawal of Consent

You have the right to withdraw your consent to receive electronic Communications. If you withdraw your consent, STXT may terminate your account and related services. To withdraw your consent, please contact STXT at support@stxt.ai.

3.5 Physical Documentation

You will have the right to request any Communications covered by these Terms in physical, paper form. To receive a paper copy of any document that has been previously provided to you, please contact customer service at support@stxt.ai. STXT will charge you $5 per page for requesting paper documents. Future Communications will continue to be delivered electronically unless you withdraw your consent, as described below. STXT reserves the right to terminate your relationship if STXT is unable to support certain requests for paper documents or you withdraw your consent provided in these Terms.

3.6 Minimum System Requirements

To access electronic Communications, you will need certain browser and encryption software that meet these requirements. STXT's system requirements are:

3.6.1 A mobile device running Apple iOS 13.0+ or Android 10.0+.

3.6.2 A computer capable of running a modern web browser like Safari 13+, or Chrome 48+.

3.6.3 The ability to view and retain Portable Document Format (PDF) files.

3.6.4 The ability to receive text messages to allow for two-factor authentication.

3.6.5 Sufficient storage space to save Communications and the capability to print the Communications from your computer or mobile device.

3.6.6 A current version of a program that accurately reads and displays Portable Document Format or "PDF" files, such as Adobe® Acrobat Reader® version 8.0 and above.

By consenting to these Terms, you confirm that the electronic device you use to access STXT products or services meets the minimum specifications and requirements outlined above. If a change in these hardware or software requirements creates a substantial risk that you will not be able to access or retain electronic Communications, STXT will provide you with notice of such change. Continued use of STXT electronic services after any such notice signifies your acceptance of the change and reaffirmation of your consent.

4. CONSENT

You consent to the electronic delivery of all Communications and to transact with STXT electronically. You are not permitted to access or use STXT services or products without acceptance of these Terms. You confirm that you have access to an electronic device that satisfies STXT's minimum system requirements, and that you have access to a printer and/or the ability to download information. By consenting to electronic delivery of Communications, you also agree that STXT will not be providing to you any future Communications in paper form unless specifically requested by the means defined above. You should retain a copy of these Terms and all other Communications for your records.

5. CHANGES; TERM & TERMINATION

5.1 Changing these Terms

We may change any part of these Terms without telling you beforehand in the following circumstances:

5.1.1 to reflect changes in laws and regulatory requirements which apply to STXT and the services, features and programs of the Platform where such changes require STXT to change its terms and conditions in a manner which does not allow us to give reasonable notice to you; and

5.1.2 to address an unforeseen and imminent danger related to defending Users from fraud, malware, spam, data breaches or other cybersecurity risks.

We may also make other changes to any part of these Terms, and we will give you reasonable notice of such changes through the Platform, and you may contact us to end your agreement with us before the changes take effect. Once any updated terms are in effect, you will be bound by them if you continue to use the Platform.

5.2 Changes to the Platform

The Platform is an evolving technology and concept. For as long as STXT continues to provide you with access to the Platform, the Platform may be updated, improved and expanded. As a result, we allow you to access the Platform as it may exist and be available on any given day and have no other obligations, except as expressly stated in these Terms. We do not guarantee that STXT, or any Content on it, will always be available or accessible without interruption. We may modify, replace, refuse access to, suspend, or discontinue all or part of the Platform, for you only or for some or all of our Users, at our sole discretion, from time to time for any reason, including to reflect changes to our services, Users' needs and our business practices or to improve performance, enhance functionality or address security issues. All of these changes shall be effective upon their posting on the Platform or by direct communication to you, unless otherwise noted. We will try to give you reasonable notice of any material changes or of any suspension or withdrawal if it affects you.

5.3 Term & Termination

These Terms shall be effective as of the date you start to use the Platform and remain in effect as long as you use the Platform. Notwithstanding anything to the contrary, all rights granted by you to STXT during the term of these Terms shall survive the termination of these Terms by either party.

6. ACCESSING THE PLATFORM

6.1 The Platform allows all Users to view, browse and use Content for their personal use with varying levels of access and engagement depending on whether or not the User has registered an account with us.

6.2 To access and use the Platform, you must:

6.2.1 be at least 18 years old and the age of legal consent under the laws of the applicable jurisdiction from which you are accessing the Platform, which you will be required to confirm;

6.2.2 if the laws of the country or state/province where you live provide that you can only be legally bound by a contract with us at an age which is higher than 18 years old, then you must be old enough to be legally bound by a contract with us under the laws of the country or state/province where you live; and

6.2.3 you must not be barred from accessing our Platform under any laws which apply to you.

7. LIMITED LICENSE

Subject to your compliance with all of the Terms, STXT hereby grants you a free of charge, limited, non-exclusive, non-transferable, freely revocable license (the "License") to use the Platform solely for your personal use only as permitted by the features of the Platform. This is a License to use and access the Platform for its intended purpose and is not a transfer of title. STXT may terminate this License at any time for any reason or no reason.

8. YOUR ACCOUNT AS A MEMBER

8.1 Registering your Member Account

To use the Platform as a Member, you must first register for and create an account ("Member Account"). To create a Member Account, you will have to:

8.1.1 confirm that you are at least 18 years old;

8.1.2 provide your cellphone number to which one-time passwords can be sent to securely authenticate your identity each time that you log into the Platform;

8.1.3 provide your date of birth;

8.1.4 provide an email address, which can be validated by us, to be used for account recovery, notification and/or marketing purposes if the Member opts-in, among others; and

8.1.5 accept these Terms and our Consent for Personal Data Processing

8.2 Prior Accounts; Current Information

By creating a Member Account, you acknowledge, agree and confirm that: (i) if you previously had another Member Account with us, such old account was not terminated or suspended by us because you violated any of the Terms; (ii) all information you submit to us in connection with the creation of your Member Account is truthful, accurate and complete; and (iii) you will update any of the information you submitted in connection with the creation of your Member Account as soon as practicable following any changes to such information.

8.3 Confidentiality of Your Member Account

You agree and represent that you will not share your Member Account, let anyone else access your Member Account, or do anything else that might jeopardize the security of your Member Account. In the event that you become aware of, or reasonably suspect, any security breach, including, without limitation, any loss, theft, or unauthorized access of any device (each, an "Authorized Device") you previously authorized for use of the Platform and access to your Member Account, you must immediately notify STXT. You are solely responsible for maintaining the confidentiality of your account information and you will be responsible for any access to the Platform via your Authorized Device, including all Prompts and other messages sent from your Member Account, whether or not authorized by you. You will be liable for any losses incurred by us due to the unauthorized use of your Member Account. STXT is not liable for your losses caused by any unauthorized use of your Member Account or Authorized Device and you hereby specifically waive any such claim and agree to defend, hold harmless, and indemnify STXT against any such claims made against it by third parties. In brief, you are responsible for anything that happens through your Member Account.

8.4 Prompts

8.4.1 We are the sole and exclusive owners of any and all Prompts and such Prompts can be used by us for any purpose, including without limitation for commercial, development and research purposes. Without limiting the foregoing, you acknowledge and agree that we have the perpetual and irrevocable right to use all of your interactions with the Platform, and all other information, data, materials, works, and expressions that you enter into, input into, provide through, or otherwise make available through the Platform, to train, retrain, tune, validate, modify, update, or otherwise improve the Platform, Content (including without limitation AI Generated Content), or any other product or service.

8.4.2 You must evaluate, and bear all risks associated with, your use of the Platform. You will not send Prompts that could be deemed illegal, involve or show minors, or that are simply not allowed by us, including any Prompts in violation of these Terms.

8.4.3 In an ongoing effort to protect minors and prevent the upload and/or Publication of illegal Content on the Platform, STXT retains the right to regularly scan any and all Prompts and other messages sent via the Platform for the presence of minors and/or any indication of prostitution, selling of sex (whether or not involving minors) or other kinds of illegal subject matter. Any Prompts or other messages sent by Users deemed to include minors and/or involve, promote or suggest prostitution, the selling of sex or other illegal subject matter, will be removed immediately and reported to the appropriate authorities and the Member will be banned from using the Platform.

8.4.4 You agree that you will be liable to us and indemnify us for any losses or damages we suffer as a result of your violation of this Section 4.

8.5 Privacy & Security of your Member Account

You agree and understand that STXT cannot ensure the security or privacy of information you provide through the Internet and the Platform. Use of the Platform for the purpose of engaging in unlawful or illegal activities, including, but not limited to, prostitution or the selling of sex, is prohibited.

8.6 Deleting or Deactivating your Member Account

Member Accounts that have been deactivated by Members may be held by STXT for analytical and legal purposes, subject to our Privacy Notice. The Member Account will no longer be available on the Platform. Members wishing to have their Member Accounts removed from the STXT servers entirely must send an email regarding the same to privacy@stxt.ai. If you don't want to delete or fully remove your Member Account from the Platform, but prefer to temporarily stop accessing Content and engaging with the Platform, you can deactivate your Member Account instead at https://app.justsext.com or send an email regarding the same to privacy@stxt.ai.

8.7 Suspending or Terminating your Member Account

8.7.1 STXT reserves the right to modify, suspend or terminate your Member Account and your access to the Platform at any time and for any reason. If we suspend access to or otherwise terminate your Member Account, we will let you know.

8.7.2 We can suspend or block your ability to access the Platform immediately and without prior notice in the following circumstances; provided, however that we may, in our sole discretion, let you know that we have blocked or suspended your access after-the-fact:

  • If we think that you have or may have seriously or repeatedly breached any part of these Terms, or if you attempt or threaten to breach any part of these Terms in a way which has or could have serious consequences for us or another User; or
  • if you take any action that in our opinion has caused or is reasonably likely to cause us to suffer a loss or that otherwise harms the reputation of STXT.

8.7.3 During any period when access to your Member Account is suspended, all of your active Subscriptions will continue to renew. Suspended Members will continue to have "view-only" access to the Platform, meaning that they will only be permitted to view and/or read Subscription Content, and/or Locked Content that were previously purchased through the suspended Member Account or that are otherwise free for public consumption (as applicable). Suspended Members will not be permitted to purchase new Subscriptions, or new Locked Content not previously purchased by that Member.

9. SUBSCRIPTIONS & PURCHASES

9.1 STXT's Role

STXT does not issue credits, refunds, or cashback on Content purchased by Members. Please refer to our Payment Policy (which forms a part of these Terms) for additional information, terms, and conditions for Content purchased by Members.

9.2 Price Determinations

All prices for Content will be listed on the Platform in US Dollars or in your local currency, as applicable.

9.3 Subscriptions & Renewal

9.3.1 All Subscriptions to Subscription Content will automatically renew ("Auto-Renew") at the end of the monthly subscription period, except if your payment card was declined, or if you have disabled Auto-Renew of your Subscription to Subscription Content prior to the end of the then-current Subscription period. This means that if you want to stop subscribing to Subscription Content and paying continuing monthly Subscription charges, you will need to disable Auto-Renew of your Subscription to Subscription Content on your own time, which can be done here: https://app.justsext.com. Your subscription TO SUBSCRIPTION CONTENT will automatically renew at the end of each subscription term identified in your subscription order for subsequent terms equal in length to that initial subscription term (each such period, a "Subscription Term") unless and until you DISABLE AUTO-RENEW FOR the applicable subscription in accordance with the AUTO-RENEW DISABLING procedures SET FORTH HEREIN. You understand that unless and until you notify us of your intent to DISABLE AUTO-RENEW, your subscription and the corresponding fee will automatically renew, and you authorize each of STXT and ITS payment processor (without notice to you, unless required by applicable law) to charge you the applicable fee and any applicable taxes, using any of your payment methods.

9.3.2 When you enroll in a Subscription, you expressly acknowledge and agree that: (i)each of STXT and its payment processor is authorized to charge you, at the beginning of each Subscription Term, the fees for the applicable Subscription, any applicable Taxes, and any other charges you may incur in connection with such Subscription, subject to adjustment in accordance with these Terms; and (ii) your Subscription is continuous until the earlier of: (A) your disabling of Auto-Renew for such Subscription (including any notice period specified in this Section 3) and (B) the suspension, discontinuation, or termination of your access to such Subscription in accordance with these Terms. You understand and acknowledge that the amounts billed may vary due to changes to fees in accordance with our Payment Policy, and/or changes in applicable Taxes, and you authorize each of STXT and its payment processor to charge the changed amounts to your payment method.

9.3.3 STXT may change Subscription prices once every thirty (30) days. We will alert you of any changes in a Subscription price within three (3) to seven (7) days prior to the start of your next Subscription period; provided, however, that the change in Subscription price will not become effective for thirty (30) days following the date on which STXT changes a Subscription price, regardless of when your next Subscription period begins. Unless you disable Auto-Renew of your Subscription following receipt of notice that the Subscription price has changed, such change will automatically become effective on the first day of your next Subscription period.

9.3.4 If you disable Auto-Renew of a Subscription, you will continue to be permitted to view the corresponding Subscription Content until the end of the Subscription period in which you chose to disable Auto-Renew, after which no further payments will be taken from your payment card in respect of Subscriptions to Subscription Content, and you will no longer be able to view such Subscription Content. However, you understand and acknowledge that, unless required by applicable law, you will not be entitled to receive any refund or credit for any such DISABLING, cancellation, suspension, or termination, any content or data associated with your MEMBER account, or anything else, and that any such refunds or credits may be granted at STXT'S sole option and in our sole discretion.

9.3.5 STXT will alert you of any changes to these Terms and provide you with the opportunity to disable Auto-Renew of your Subscription(s) within three (3) to seven (7) days prior to the effective date of such changes to these Terms.

10. SMS/TEXT MESSAGING

10.1 Consent to Receive SMS/Text Messages

By consenting to STXT's SMS/text messaging service (the "SMS Service"), you agree to receive recurring SMS/text messages with service-related and promotional messages, including: updates, alerts, and information (e.g., order updates, account alerts, etc.), and promotions, specials, and other marketing offers (e.g., cart reminders) from and on behalf of STXT via text messages through your wireless provider to the mobile number you provided, even if your provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology.

10.2 Voluntary Participation

You understand that you do not have to sign up for the SMS Service in order to make any purchases, and your consent is not a condition of any purchase with STXT. Your participation in the SMS Service is completely voluntary.

10.3 Fees & Rates

We do not charge for the SMS Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Standard message and data rates may apply from your wireless provider. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

10.4 Opt-Out

You may opt-out of the SMS Service at any time. Text the single keyword command STOP to: 1-866-977-0469 if you are located in the United States. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. You waive any rights to bring claims for unauthorized or undesired text messages by failing to opt-out immediately. For SMS Service support or assistance, email support@stxt.ai.

10.5 Changes

We may change any short code or telephone number we use to operate the SMS Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

10.6 Your Phone Number & Wireless Carrier

The wireless carriers supported by the SMS Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

10.7 Limitation of Liability

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the SMS Service, any errors in such information, and/or any action you may or may not take in reliance on the information or SMS Service.

11. STXT INTELLECTUAL PROPERTY; AI GENERATED CONTENT

11.1 STXT Intellectual Property

You understand and acknowledge that we (or our licensors, as applicable) own and will continue to own all rights (including without limitation Intellectual Property Rights), title, and interest in and to the Platform, all materials and content displayed or otherwise made available on and/or through the Platform (including, without limitation, Output, images, text, graphics, illustrations, logos, photographs, audio, videos, and music), and all software, algorithms, code, technology, and other intellectual property underlying and/or included in or with the Platform. Except as may be explicitly provided herein, nothing in these Terms will be deemed to create a license in or under any such Intellectual Property Rights, and you will not access, sell, license, rent, modify, distribute, copy, reproduce, transmit, display, perform, publish, adapt, edit, or create derivative works of any such Intellectual Property Rights. Use of any of STXT's Intellectual Property Rights for any purpose not expressly permitted by these Terms is strictly prohibited.

11.2 Output; AI Generated Content

Subject to your compliance with these Terms, you may view Output and AI Generated Content, provided that you acknowledge and agree that: (i) your use of the Platform does not transfer to you ownership of any Intellectual Property Rights in the Platform, Output, or AI Generated Content and (ii) we may, by notice to you at any time, limit your use of the Output or AI Generated Content or require you to cease use thereof (and delete any copies thereof) if we form the view, in our sole and absolute discretion, that your use of such Output or AI Generated Content may infringe the rights of any third party. You shall not represent that Output or AI Generated Content was human-generated or use Output or AI Generated Content to train your own machine learning models.

DUE TO THE NATURE OF MACHINE LEARNING, OUTPUT AND AI GENERATED CONTENT MAY NOT BE UNIQUE ACROSS USERS AND THE PLATFORM MAY GENERATE THE SAME OR SIMILAR AI GENERATED CONTENT FOR OTHER USERS. USE OF THE PLATFORM MAY GENERATE OUTPUT AND AI GENERATED CONTENT THAT DOES NOT ACCURATELY REFLECT REALITY. YOU UNDERSTAND AND AGREE THAT OUTPUT AND AI GENERATED CONTENT MAY CONTAIN "HALLUCINATIONS" AND MAY BE INACCURATE, OBJECTIONABLE, OR INAPPROPRIATE, AND YOU AGREE THAT STXT SHALL NOT BE LIABLE FOR ANY DAMAGES YOU OR ANY THIRD PARTY ALLEGES TO INCUR AS A RESULT OF OR RELATING TO ANY OUTPUT OR AI GENERATED CONTENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU UNDERSTAND AND AGREE THAT CHAT MESSAGES, RESPONSES, AND OTHER CONTENT MADE AVAILABLE ON THE PLATFORM ARE AI GENERATED CONTENT AND MAY ONLY DEPICT PERSONS FROM WHOM STXT HAS SOUGHT AND OBTAINED THE REQUIRED RIGHTS AND CONSENTS, BUT ARE NOT LIVE MESSAGES OR RESPONSES FROM HUMANS.

12. USER RIGHTS AND RESPONSIBILITIES

You acknowledge, are aware, agree and understand that you have the following rights and responsibilities with respect to us, the Platform and the other Users:

12.1 User Representations and Warranties

It is your responsibility to be knowledgeable and to periodically review all of these Terms to see if anything has changed. STXT will not be liable for your neglect of your legal rights. In connection with your access or use of the Platform, you affirm, represent and warrant the following:

12.1.1 You will not engage in any act that STXT deems to be improper or in conflict with the spirit or intent of the Platform;

12.1.2 You will not make inappropriate use of the Platform;

12.1.3 You will not attract other Users to the Platform and/or promote the Platform in any way, whatsoever, by utilizing, endorsing or otherwise engaging with Content that may be deemed illegal or that otherwise violates these Terms;

12.1.4 You will not use the Platform, nor will you use artificial intelligence tools in your use of the Platform, to engage in any form of harassment, abuse (physical or otherwise), prostitution, human and/or sex trafficking, child exploitation, nonconsensual activities, other illegal or offensive behavior, to post or share any defamatory, offensive, libelous, or slanderous statements;

12.1.5 You will not attempt to impersonate any person by using the Platform, and will not attempt (by use of Prompts or otherwise) to use the Platform to generate Content that impersonates or otherwise depicts any person without their consent;

12.1.6 You will not attempt to gain any unauthorized access to the Platform, by any means, including, but not limited to, by circumventing or modifying, or attempting to circumvent or modify, any technology, device, security, or software that is part of the Platform, including without limitation to record, save, download, or otherwise post Content outside the Platform;

12.1.7 You will not disrupt, interfere, overburden, or assist in the disruption of the Platform or of our servers; this includes, but is not limited to, any type of attack, virus distribution, or other attempts to disrupt the Platform or any other person's use of the Platform;

12.1.8 You will not modify, reverse engineer, reverse assemble, decompile, or hack into any software applications or related tools or utilities used by the Platform;

12.1.9 You will not socially engineer and/or contact STXT employees to gain access to confidential information and/or data not otherwise available to you;

12.1.10 You will not make available through our Platform: illegal content or content in furtherance of harmful or illegal activities; malicious programs or code; or any person's personal information without their consent;

12.1.11 To the best of your knowledge, all information provided by you in Member Account registration and other information that you provide to us is truthful and accurate; and

12.1.12 Your Prompts and STXT's use thereof as contemplated by these Terms and the Platform will not otherwise violate any applicable law or regulation or encourage or enable such violation or infringe any rights of any third party, including but not limited to any Intellectual Property Rights, rights of publicity, and privacy rights.

12.2 Prohibited Content and Activities

By using the Platform, you agree that you will not, under any circumstances, create, post or publish Content or Prompts on the Platform that show, promote, advertise or refer to any of the following:

12.2.1 Child Abuse, including depicting any real or simulated underage material or roleplay, such as:

  • Content that features individuals that are underage or are implied to be underage, such as roleplay that suggests that the individuals involved are underage;
  • Content that is created, or is implied to be created in the presence of individuals who are underage or who are implied to be underage; or
  • Content that otherwise includes any child pornography, child abuse, child exploitation and any other similar concepts as defined and prohibited under applicable law.

12.2.2 Animal Abuse, including depicting (i) sexual intercourse with animals and/or (ii) cruelty, violence, or harm against animals.

12.2.3 Illegal activities and regulated goods, such as:

  • The consumption of known, illegal drugs or substances;
  • Selling, trading or promoting regulated goods, including: (1) weapons or ammunition, (2) drugs, alcohol, tobacco, or controlled substances, (3) electronic cigarettes or electronic cigarette refill containers, (4) prescription-only medicine, (5) live animals or animal parts, (6) weight loss products, and (7) cosmetic procedures;
  • The depiction of real incest; or
  • in the case of Content featuring public nudity, was recorded in or is being broadcast from a country, State or province where public nudity is illegal.

12.2.4 Sexual Solicitation, including selling or promoting escort services or prostitution.

12.2.5 Bullying, Abuse and Harassment, such as:

  • Attacking or intimidating others;
  • Encouraging or promoting self-injury, including suicide and cutting;
  • Seriously threatening, harassing or humiliating a person under the age of 18; and
  • Menacing, harassing or otherwise being offensive to another person with the intention to cause serious harm.

12.2.6 Scams or fraud, which includes:

  • Deceiving others to obtain money or access private information;
  • Promoting the sale of illegal services or regulated goods;
  • Misleading or deceptive information about oneself, one's business, one's qualifications, work experience, affiliations, or achievements;
  • Impersonating others with a fake account; and
  • Publishing Content with a hacked account, or unauthorized account takeover

12.2.7 Intellectual property infringement, including (i) copyright infringement, (ii) trademark infringement, and (iii) defamation or the sharing of falsehoods about others that could harm their reputation.

12.2.8 Violence of any kind such as (i) threatening violence against any individual or group, (ii) depicting murder (or attempted murder), snuff, torture, abuse, mutilation, or lynching, and (iii) depicting real cannibalism.

If you know someone that is in immediate physical danger, contact local law enforcement right away.

12.2.9 Dangerous groups and individuals who are (i) promoting dangerous terrorist, criminal, or hate groups, leaders, or individuals associated therewith, and/or (ii) depicting or encouraging terrorist acts, violent extremism or severe harm.

12.2.10 Suicide, self-injury or harm, including suicidal remarks or threatening to harm oneself.

Seek emergency assistance if witnessing any attempts at suicide or serious self-harm. If you or someone you know is contemplating suicide, tell a friend, seek help immediately, or call your local suicide hotline (in the US call +1 (800) 273-8255; in Canada call +1 (833) 456-4566).

12.2.11 Private information or publishing or threatening to expose an individual's private information without their permission or with malicious intent. "Private information" includes home address, personal phone number, medical records, bank account information and other information reasonably considered to be private, and/or that might threaten the safety of the individual or their family.

12.2.12 Hateful Content, which has the effect of creating or promoting hatred, division, or discrimination against individuals or groups because of their actual or perceived race, ethnicity, national origin, caste, gender, gender identity, sexual orientation, religious affiliation, or disability status, or of harassing or inciting violence against a person or group.

13. MEMBER'S REPRESENTATIONS AND WARRANTIES

As material inducement for STXT to enter into these Terms, Member represents and warrants that:

13.1 Member is of sound mind and body, acting of Member's free will, and fully understands the terms and conditions of these Terms and their legal implications;

13.2 Member IS AT LEAST 18 YEARS OLD AND THE AGE OF LEGAL CONSENT IN THE JURISDICTION IN WHICH THEY RESIDE at the time they first access the Platform and at the time they create their Member Account;

13.3 Member is currently residing in the United States, Canada or another country where STXT is authorized to operate, and Member is authorized to access the Platform;

13.4 Member consents to receiving communications from us electronically, including by emails, SMS/text messaging (subject to these Terms), or messages posted to your Member Account.

13.5 Member consents to the processing of Member's personal data as more fully detailed in our Privacy Notice

13.6 Any Prompts or other messages sent via the Platform are not confidential, and that Member authorizes STXT to access and view such Prompts or other messages for its own lawful use in connection with the operation of the Platform and STXT's business;

13.7 Member has researched, understands, and will comply with all laws and legal restrictions in effect in the jurisdiction where Member resides, particularly dealing with matters including, but not limited to, obscenity, material harmful to minors, and the creation of sexually explicit content, import and export control laws, false advertising, privacy and personal information protection, anti-discrimination, intellectual property, illegal business solicitation, and restrictions on unsolicited commercial messages. You may not use the Platform to solicit any information that might be used for unlawful purposes or to carry out or to encourage unlawful activities or activities that would infringe any of these Terms;

13.8 Without limiting the generality of these Terms, the following acts, actual and/or simulated, are also prohibited under all of these Terms and are forbidden in connection with Prompts: (i) impersonating anyone; (ii) requesting money or another form of consideration from Members not expressly permitted under these Terms; (iii) harassing, defaming, threatening, using excessive language or being verbally abusive; (iv) using Members' information to receive or provide live, in-person sessions outside the Platform or receiving payments outside of the Platform; (v) using or soliciting information that might be used for unlawful purposes or encouraging unlawful activities; or (vi) posting or sharing information about other Users; and

13.9 Member, or any of Member's associates, employees, employers, agents, and affiliates, shall NOT, under any circumstances, solicit from any User any personal or private information including, but not limited to, Users' real names, addresses, email addresses, social media accounts, accounts, recovery codes used for two-factor authentication, billing or payment information, handles phone numbers, use a User in any way for unfair personal gain or benefit, or agree to any in-person encounters.

14. STXT'S RIGHTS AND RESPONSIBILITIES

14.1 What STXT is Responsible for

You acknowledge, are aware, agree and understand that we have the following rights and responsibilities with respect to the Platform, the Content and other Users:

14.1.1 We reserve the right to refuse, remove, and/or discard any Content from the Platform or to block you from using the Platform in whole or in part, for any reason, in our sole discretion, with or without notice.

14.1.2 The Content on the Platform contains adult material, which may be considered offensive, graphic, indecent, crude and/or not-suitable-for-work, and you agree to take this into account when deciding where to access and view Content. We will not be responsible to you if you suffer any loss or damage as a result of your accessing or viewing Content containing adult material in a way which places you in breach of any contract you have with a third party (for example, your employment contract) or in breach of any applicable law.

14.1.3 We can investigate any suspected or alleged misuse, abuse, or unlawful use of the Platform, whether we become aware of such misuse, abuse or unlawful use via our Complaints Policy or Content Removal Policy or otherwise, and will cooperate with law enforcement agencies in such investigation. For additional detail with respect to how we review and resolve all User complaints with respect to Content, other Users, and/or the Platform, visit our Complaints Policy or Content Removal Policy.

14.1.4 We can disclose any information or records in our possession or control about your use of the Platform, including all complaints, take-down requests and appeals you make to us about Content contained on the Platform, to law enforcement agencies in connection with any law enforcement investigation of any suspected or alleged illegal activity, or in response to a court order.

14.1.5 We can change the third-party services providers that we use, including the payment provider, disbursement provider, bank, or identity verification provider, among others, at any time, at our sole discretion.

14.1.6 Other than Content (which is owned by or licensed to STXT), all rights in and to the Platform and its entire contents, features, databases, source code and functionality, are owned by us and/or our licensors. Such material is protected by copyright, and may be protected by trademark, trade secret, and other intellectual property laws.

14.1.7 STXT reserves all other rights not expressly granted to you pursuant to the Terms.

14.2 What STXT is Not Responsible for

You are aware, acknowledge, agree and understand that although we will use reasonable care and skill in providing the Platform to you, there are certain things that we are not responsible for, as follows:

14.2.1 STXT shall not be held responsible for the activities engaged by you through the Platform. STXT does not endorse any Content or submission and expressly disclaims any and all liability in connection with Content. You should use the Platform only in accordance with your local laws and community standards; the Platform may not be accessed or used where prohibited by law.

14.2.2 The materials which we make accessible on the Platform for Users are for general information only. We make no promises or guarantees about the accuracy or otherwise of such materials, or that Users will achieve any particular result or outcome from using such materials.

14.2.3 We do not promise that the Platform is compatible with all devices and operating systems. You are responsible for configuring your information technology, device, and computer programs to access the Platform. You should use your own virus protection software.

14.2.4 We are not responsible for the availability of the internet, or any errors in your connections, device or other equipment, or software that may occur in relation to your use of the Platform.

14.2.5 While we try to make sure that the Platform is secure and free from bugs and viruses, we cannot promise that it will be.

14.3 STXT'S Proprietary Rights

The Platform and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the "STXT Content"), and all Intellectual Property Rights related thereto, are the exclusive property of STXT and its licensors. Except as explicitly provided in these Terms, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any STXT Content. Use of the STXT Content for any purpose not expressly permitted by these Terms is strictly prohibited.

14.4 Feedback

You may choose to or we may invite you to submit comments or ideas about the Platform, including without limitation about how to improve the Platform or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place STXT under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, STXT does not waive any rights to use similar or related ideas previously known to STXT, or developed by its employees, or obtained from sources other than you.

14.5 STXT Property

The Platform contains data, information, and other content not owned by you ("STXT Property"). You understand and agree that regardless of terminology used, STXT Property represents a limited license right governed solely by the terms of these Terms and available for distribution at STXT's sole discretion. STXT Property is not redeemable for any sum of money or monetary value from STXT at any time. You acknowledge that you do not own the Member Account you use to access the Platform, nor do you possess any rights of access or rights to data stored by or on behalf of STXT on STXT servers, including without limitation any data representing or embodying any or all of your STXT Property. You agree that STXT has the absolute right to manage, regulate, control, modify and/or eliminate STXT Property as it sees fit in its sole discretion, in any general or specific case, and that STXT will have no liability to you based on its exercise of such right. All data on STXT's servers are subject to deletion, alteration or transfer

NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, MEMBER ACCOUNT HISTORY AND MEMBER ACCOUNT CONTENT RESIDING ON STXT'S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN STXT'S SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. STXT DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE.

15. REPORTING OF PORNOGRAPHY INVOLVING MINORS

STXT is committed to cooperating with any law-enforcement agency investigating child pornography and to complying with any applicable law relating to the mandatory reporting of pornography involving minors. We request and encourage you to report any unlawful activities involving minors directly to us and to the authorities. You can report Content through the Platform or via email at csam@stxt.ai. If you email your report, you must include appropriate evidence, including identification or description of the Content, a URL link of where the Content is located on the Platform, as well as the time and date of identification.

Please do not copy, save, download, share or send images or videos of suspected child sexual abuse material with STXT or any other persons. All reports will be taken seriously and immediately investigated. You acknowledge that STXT reserves the right to share with the appropriate law-enforcement agency any personal information and Content that is Published or uploaded by a User that has or is suspected to have violated any law related to child pornography or the exploitation of minors.

16. THIRD-PARTY LINKS

If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites, and you understand that these Terms and STXT's Privacy Notice do not apply to your use of such websites.

17. TRADEMARKS, SERVICES MARKS, TRADE NAMES, TRADE DRESS, AND LOGOS

The trademarks, services marks, trade names, trade dress, and logos ("Marks") contained or described on the Platform and any Marks associated with any products available on the Platform are the sole property of STXT or its licensors and may not be copied, imitated, or otherwise used, in whole or in part, without prior written authorization from STXT and/or its licensors. In addition, all page headers, custom graphics, button icons, and scripts are Marks of STXT and may not be copied, imitated, scraped or otherwise used, in whole or in part, without STXT's prior written authorization. STXT will enforce its Intellectual Property Rights to the fullest extent of the law.

18. SECTION 230 OF THE COMMUNICATIONS DECENCY ACT – 47 U.S.C. § 230 NOTICE

You understand and acknowledge your responsibility to prevent minors under your care from accessing explicit, harmful, or otherwise inappropriate material; you understand that no minor can have access to the Content and you agree and warrant to take responsible measures to prevent them from doing so. Parental control protections (such as computer hardware, software, or filtering services) are commercially available and may assist you in limiting access to material that is explicit, harmful, or otherwise inappropriate to minors.

You are hereby informed that you can research such services on websites maintained by organizations dedicated to eliminating child exploitation from the Internet such as, but not limited to: ASACP, RTA Label, safesurfingkids.com, Internet Safety Organizations & Sites, Internet Safety Tips for Kids. STXT does not make any representation or endorsement regarding any products or information found on these third-party websites and installing any online filter. Furthermore, you agree that it is your sole responsibility, at the total exclusion of STXT, to keep any explicit, harmful, or otherwise inappropriate material from

19. NOTICE OF COPYRIGHT INFRINGEMENT; DMCA NOTICE

We support the protection of the Intellectual Property Rights of copyright holders and thus we will respond to notices of alleged copyright infringement made in accordance with these Terms.

19.1 Reporting Claims of Copyright Infringement

STXT takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Platform infringe your copyright, you may request removal of those materials (or access to them) from the Platform by submitting written notification to our copyright agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the"DMCA Notice") must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Platform, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Send DMCA Notices to our designated copyright agent at:
Eric Dolan
Synthetic Turing Experience Technologies
Attn: Copyright Agent
3031 W Olympic Blvd, Unit #229
Los Angeles, CA 90006
dmca@stxt.ai

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Platform is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

19.2 Counter Notification Procedures

If you believe that material you posted on the Platform was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:

  • Your physical or electronic signature.
  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Platform may be found) and that you will accept service from the person (or an agent of that person) who provided the Platform with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Platform was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

19.3 Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of Members who are repeat infringers.

20. TERRITORIAL USE

You acknowledge that the Platform is controlled in and originates from the United States and that only persons located in the United States and Canada are currently permitted to access the Platform as Users. We make no claims that the Platform or any of the Content is accessible or appropriate outside of the United States or Canada. Access to the Platform may not be legal by certain persons or in certain countries. If you choose to access the Platform from outside the United States or Canada, you do so on your own initiative, at your own risk, and you are responsible for compliance with applicable local laws.

21. DISCLAIMERS, LIMITATION OF LIABILITY AND INDEMNIFICATION

21.1 THE PLATFORM AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM THE COURSE OF DEALING OR USAGE OF TRADE. USER HEREBY AGREES TO ASSUME SOLE RESPONSIBILITY FOR ALL RISKS, CONSEQUENCES, AND DAMAGES OF ANY KIND RESULTING FROM USER'S USE OF THE PLATFORM.

21.2 STXT DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE PLATFORM AT THE TIMES OR LOCATIONS OF YOUR CHOOSING, THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. STXT SHALL NOT BE RESPONSIBLE FOR ANY FAILURE TO PERFORM DUE TO UNFORESEEN CIRCUMSTANCES OR TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, FAILURE OF THE TELECOMMUNICATIONS OR INFORMATION SERVICES INFRASTRUCTURE, HACKING, SPAM, ANY FAILURE OF A DEVICE (INCLUDING, BUT NOT LIMITED TO, COMPUTERS, TABLETS OR SMART PHONES), SERVER, OR SOFTWARE (INCLUDING OPERATING SYSTEM), SERVER CHANGES OR UPGRADES, OR CHANGE OF SERVICE PROVIDERS, FOR SO LONG AS SUCH EVENT CONTINUES TO DELAY THE PLATFORM'S PERFORMANCE.

21.3 Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, STXT (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER SIMILAR DAMAGES, INCLUDING, BUT NOT LIMITED TO, THE LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE PLATFORM ITSELF, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT STXT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY AND ALL LOSSES RESULTING FROM ANY SUCH FAILURE WILL NOT BE COMPENSATED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STXT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR PLATFORM; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE PLATFORM; AND/OR (VII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. USER FURTHER AGREES THAT IN THE EVENT THIS SECTION 3 IS INVALIDATED, STXT'S ENTIRE LIABILITY FOR ANY CLAIM FOR DAMAGES AGAINST STXT ARISING OUT OF THESE TERMS, WHETHER GROUNDED IN CONTRACT OR IN TORT, SHALL BE LIMITED TO THE LESSER OF (A) AMOUNTS ACTUALLY PAID BY YOU FOR SUBSCRIPTION CONTENT AND LOCKED CONTENT IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM AND (B) FIFTY U.S. DOLLARS ($50.00)).

21.4 Indemnification. To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless STXT and the Platform, the operator, its parent, subsidiary, and affiliated companies, their officers, directors, shareholders, employees, and agents, server maintenance, independent contractors, telecommunication providers, agents, and creators of Content and other contributors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including, but not limited to, attorneys' fees) arising from: (i) your use of and access to the Platform, including any data or Content transmitted or received by you; (ii) your violation or breach of any part of these Terms; (iii) your violation or breach of any third party rights, including, without limitation, any intellectual property, property, or privacy right; (iv) your violation of applicable law, rule or regulation while using the Platform; (v) any information that is submitted via your Member Account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party's access and use of the Platform through your Member Account. This defense and indemnification obligation will survive these Terms and your use of the Platform. You also agree to defend, indemnify, and hold harmless STXT and defend and indemnify us should any third party be harmed by your illegal actions or should we be obligated to defend any claims including, without limitation, any criminal action brought by any party. Nothing contained in this Section 4 is intended to limit the scope of releases and/or indemnification contained elsewhere in these Terms.

22. GOVERNING LAW, ARBITRATION, AND CLASS ACTION/JURY TRIAL WAIVER

22.1 Governing Law. You agree that: (i) the Platform shall be deemed solely based in New York; and (ii) the Platform shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than New York. These Terms shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) ("FAA") governs the interpretation and enforcement of the Arbitration Agreement in Section 2 and preempts all state laws to the fullest extent permitted by law. If the FAA is found to not apply to any issue that arises from or relates to the Arbitration Agreement, then that issue shall be resolved under and governed by the law of your state of residence. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in New York for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that New York is the proper and exclusive forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

22.2 Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM STXT. This Section 2 (the "Arbitration Agreement") applies to and governs any dispute, controversy, or claim between you and STXT that arises out of or relates to, directly or indirectly: (i) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforcement, interpretation, validity, or enforceability thereof; (ii) access to or use of the Platform, including receipt of any advertising or marketing communications; (iii) any transactions through, by, or using the Platform; or (iv) any other aspect of your relationship or transactions with STXT, directly or indirectly, as a consumer ("Claim"or collectively, "Claims"). The Arbitration Agreement shall apply, without limitation, to all Claims that arose or were asserted before or after your agreement to these Terms.

If you are a new User, you can reject and opt-out of this Arbitration Agreement within 30 days of accepting these Terms by emailing STXT at legal@stxt.ai with your first and last name and stating your intent to opt-out of the Arbitration Agreement. Note that opting out of this Arbitration Agreement does not affect any other part of these Terms, including the provisions regarding controlling law or in which courts any disputes must be brought.

For any Claim, you agree to first contact us at legal@stxt.ai and attempt to resolve the dispute with us informally. In the unlikely event that STXT has not been able to resolve a Claim after sixty (60) days, we each agree to resolve any Claim exclusively through binding arbitration by AAA before a single arbitrator (the "Arbitrator"), under the Expedited Procedures then in effect for AAA (the "Rules"), except as provided in these Terms. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement shall control. AAA may be contacted at www.adr.org, where the Rules are also available. The arbitration will be conducted in the U.S. county where you live or New York, unless you and STXT agree otherwise. If you are using the Platform for commercial purposes, each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses. If you are an arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses. If you are an individual using the Platform for non-commercial purposes: (a) AAA may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from AAA; (b) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney's fees, and your reasonable costs for expert and other witnesses; and (c) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. If you are an individual using the Platform for non-commercial purposes and your dispute is specifically related to a voidance of consent under applicable law with respect to AI Generated Content, STXT will be responsible for paying any AAA filing or administrative and arbitrator fees in accordance with AAA rules, but this does not absolve you of your commitment to engage in the informal dispute resolution process.

Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You and STXT agree that the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms, any provision of these Terms, is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel.

Nothing in this Section shall be deemed as: preventing STXT from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights; or preventing you from asserting claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances on only an individual (non-class, non-representative) basis.

If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement shall be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall be stayed pending the outcome of any individual claims in arbitration.

22.3 Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE PLATFORM FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AND STXT AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER USERS. YOU AND STXT FURTHER AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND STXT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER.

23. MISCELLANEOUS

23.1 Notices. User may serve official notices to STXT by sending an e-mail to: support@stxt.ai or, if you are unable to contact us by email, please write to us at the following address: Synthetic Turing Experience Technologies Inc., 3031 W Olympic Blvd, Unit #229, Los Angeles, CA 90006. STXT may serve official notices to User through the Platform, which are your responsibility to monitor and review. All notices shall be legally binding upon receipt.

23.2 Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE TERMS OR STXT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

23.3 Language. STXT has elected that these Terms and any related documents be drafted in English. If these Terms are translated into any other language, it will be for information purposes only and the English language will prevail in the event of any conflict between the translated version and the English-language version.

23.4 Entire Agreement. These Terms set forth the entire agreement between the User and STXT and supersedes all other written or oral agreements. If any provision of these Terms is held invalid under applicable law, such provision shall be ineffective only to the extent of such invalidity, without invalidating the remaining provisions of these Terms.

23.5 No Assignment. These Terms, and any rights and licenses granted in these Terms, may not be transferred or assigned by you without our prior written consent, but may be assigned by us without restriction.

23.6 No Other Limitations. Nothing in these Terms shall be construed to limit or prevent either User or STXT's abilities to conduct their respective business with respect to matters not specifically addressed under these Terms.

23.7 No Third-Party Rights. Your agreement with us pursuant to these Terms does not give rights to any third parties, except that the exclusions and limitations of liability contained in Section 3 may be enforced by us, our affiliates, employees, owners, representatives and agents.