Terms of Service

1. Agreement and eligibility

By creating an account, purchasing a subscription, paying an invoice, calling one of our APIs, or using any of the Services, you agree to these Terms, to our Privacy Policy, to our Acceptable Use Policy, and — if you use Bodek SMS — to our Messaging Terms, each of which is part of this agreement.

You must be at least 18 years old and legally able to enter this agreement; we do not ask for your date of birth and do not verify age, so by creating an account you represent that you meet that requirement. If you use the Services for an organization, you represent that you have authority to bind it, and "you" includes that organization. If you do not agree, do not use the Services.

Some Services or features carry additional terms presented where you enable them, such as a plan description, an order form, a proposal, a written agreement, or the documentation for an API. Those additional terms apply on top of these Terms and, where they conflict, they control for that Service only.

2. Your Bodek account

One Bodek account signs you in to every Bodek service. Accounts are created and managed at accounts.bodek.us.

You must provide accurate information, keep credentials, two-step verification methods, passkeys and recovery methods secure, and promptly notify us of suspected unauthorized access. You are responsible for all activity under your account and for permissions you grant to workspace or organization members, API keys, OAuth applications, shared links, connected services, and devices you sign in. We are not responsible for losses caused by compromised credentials or by settings within your control.

Business, organization and workspace accounts. If an account, workspace or organization is created for a business, that business owns it and its owner or administrators control it: they can add and remove members, change roles, see and manage content stored in it, export it, and delete it. Content you create inside a workspace or organization owned by someone else belongs to that workspace or organization, not to you personally, and remains with it if you leave or delete your own account. If you are an owner or administrator, you are responsible for your members' use of the Services, for the lawfulness of what they store and send, and for telling them what you can see.

You may not share an account, sell or transfer it, or use someone else's account without permission. We may reclaim an account identifier or an unverified account where it is necessary to protect another person's rights.

3. The Services

These Terms cover, as each is offered from time to time:

• Bodek Accounts (accounts.bodek.us) — sign-in, security, plans and "Sign in with Bodek."
• Bodek Files (files.bodek.us) — file and photo storage, albums, sharing, workspaces, connected storage, the web app, the iPhone and Android apps and the desktop sync app.
• Bodek Forms (forms.bodek.us) — building forms, collecting responses, uploads and exports.
• Bodek SMS (sms.bodek.us) — messaging, group texting, call handling, text menus and the SMS API.
• Bodek Games (games.bodek.us) — online games with other people or the built-in engine.
• Bodek Tools (tools.bodek.us) — free utilities such as the QR code generator.
• Bodek Developers (dev.bodek.us) — the developer console, API keys and OAuth applications.
• Bodek API (api.bodek.us) — published read-only datasets served over HTTPS.
• Billing (billing.bodek.us) — invoices, payments and saved payment methods.
• This Help Center (support.bodek.us) and the Bodek Solutions website at bodek.us.

Changes and availability. Features, limits, plans, pricing tiers and whole Services may be added, changed, suspended or discontinued. We do not guarantee that any particular feature, dataset, integration or Service will remain available, that it will be available without interruption, or that it will be free of errors. We offer no service-level agreement or uptime commitment unless we have signed one with you in writing. Where we discontinue a paid Service entirely, we will give reasonable notice and, where required by law, a pro-rata refund of fees you have prepaid for the period after it stops.

Beta and free features. Features labelled beta, preview, experimental or free are provided for evaluation, may change or disappear without notice, may lose data, and are excluded from any commitment we make elsewhere. You use them at your own risk.

No Service is a backup, archive or system of record. You must keep independent copies of anything important. Uploads, syncing, migration, imports, previews, metadata extraction, photo organization, exports, messages and downloads may fail, be delayed or be incomplete, and you are responsible for verifying that your data is complete and intact.

4. Your content

You retain ownership of content you upload, create, import, connect or send through the Services ("your content"). You give us a worldwide, non-exclusive, royalty-free license to host, copy, store, transmit, cache, format, scan, index, create previews, thumbnails, streaming copies and metadata from, and otherwise process your content only as needed to operate, secure, improve and support the Services, to comply with law, and to follow your sharing, messaging or storage instructions. This license ends when the content is deleted from our systems, subject to legal obligations and the temporary backup retention described in the Privacy Policy.

You are solely responsible for your content and for having all rights, permissions, consents and lawful bases needed to store, process, send and share it, including for photographs and recordings of other people, for personal information about third parties such as form respondents and message recipients, and for anything you ask us to transfer to or from a storage provider. We do not endorse user content, and we have no obligation to pre-screen or monitor it, although we may do so.

Public links, invitations, embedded forms, shared albums and group messages may allow other people to access, copy, forward or redistribute your content. You choose those settings and you are responsible for them. Once content has been shared or sent, we cannot recall it from the people who received it.

We do not sell your content, we do not use it for advertising, and we do not use the contents of your files, forms or messages to train machine-learning models for anyone else. See the Privacy Policy for the automated processing that does happen inside your own account.

5. Acceptable use

Our Acceptable Use Policy is part of these Terms and lists what may not be stored, sent, built or automated with a Bodek service. In summary, you may not use the Services to:

• store, share, send or facilitate unlawful, infringing, fraudulent, deceptive, defamatory, harassing, abusive or privacy-violating material;
• exploit or endanger children, distribute non-consensual intimate material, or store or send content depicting sexual abuse;
• distribute malware, phish or steal credentials, send spam or unsolicited messages, evade security, quotas or storage limits, probe or test systems without permission, or interfere with the Services or anyone else's use of them;
• impersonate another person or organization, violate export or sanctions laws, or use the Services in a way that exposes Bodek or others to liability; or
• resell, sublicense, white-label or provide access to the Services except under a plan or written agreement that permits it.

We may investigate suspected violations, preserve or disclose information where legally permitted, remove or disable content, limit sharing or sending, revoke keys or links, and suspend or terminate accounts to protect users, recipients, Bodek or the public.

6. Copyright

We are not responsible for user content. We respond expeditiously to valid copyright notices and may remove or disable allegedly infringing material, and we may terminate repeat infringers in appropriate circumstances. Send copyright notices to dmca@bodek.us. Our Copyright and DMCA Policy explains what a valid notice and counter-notice must contain. Misrepresentations in either may create liability for the sender.

7. Terms for each service

Everything above and below applies to all of the Services. This section adds what is specific to one of them.

7.1 Bodek Files

Bodek Files lets you upload, organize, process, download and share files and photos. Storage limits, file-size limits, upload rates and processing features depend on your plan and may change. The Service is not an archival or guaranteed backup service, and you must keep independent copies of important content; see section 3.

Some processing — photo and video analysis for face grouping, and the Create-video renderer — runs on a second server we operate. What that involves, what face grouping creates, and where photo locations come from are described in the Privacy Policy. If you upload photographs or videos of other people, you are responsible for any notice or consent the law where you live requires, and for any face data created from those images in your own library.

Albums, shared links and workspaces let other people see and sometimes add content. You are responsible for who you invite, for what members of your workspace do, and for moderating album messages and reactions in albums you own. We may remove content or disable an album or link that is reported to us or that we believe breaks these Terms.

7.2 Bodek Forms

You decide what a form asks, who may answer it, and what happens to the answers. As between you and Bodek, you are responsible for the respondents' data: for the lawfulness of what you collect, for any notice, consent or privacy policy the law requires you to give respondents, for not collecting data you do not need, for any special category of data you choose to collect (such as health, financial or government-identifier data), and for responding to respondents' own privacy requests. We process responses for you as described in the Privacy Policy.

With each response we record information about the submission, including the IP address, an approximate location derived from it, the browser user agent, and the time. Do not use Bodek Forms to collect data you are not allowed to hold, to run a form that misrepresents who is collecting it, or to collect payment-card numbers, full government identifiers or similar data through free-text fields.

Electronic signatures. Where a form collects a signature, we record what the respondent entered together with submission details. We do not verify the identity of a respondent, witness or notarize anything, provide certificate-based digital signatures, or advise on whether a particular signature is legally binding for your purpose. You are solely responsible for deciding whether an electronically signed form satisfies the law that applies to you and for keeping your own records of it.

Respondent uploads are stored for you and count toward your plan limits. We may scan, limit the size and type of, or refuse uploads.

7.3 Bodek SMS

Bodek SMS sends and receives text messages and handles calls on telephone numbers we make available to you. Because messaging is heavily regulated and the person who sends a message is responsible for it, Bodek SMS has its own Messaging Terms, which are part of this agreement and which you must read before sending anything. In summary: you are the sender, you are responsible for obtaining and documenting the consent of every recipient, honoring opt-outs, and complying with the Telephone Consumer Protection Act, state messaging and call-recording laws, and carrier and industry rules; we do not guarantee that any message or call will be delivered; and Bodek SMS must never be used for emergencies or to reach emergency services.

7.4 Bodek Games

Games are provided for entertainment. Tables, invitations and in-game chat let you play with other people: you are responsible for what you send in chat, and we may remove content, end a table or suspend an account for harassment, slurs, cheating or other breaches of the Acceptable Use Policy. Do not use automation, external assistance, multiple accounts or exploits to gain an advantage over other players.

Games played against the computer use our own engine. The engine is software, not a person, and its play strength, dictionary and rule interpretations may change at any time. Game state, scores, histories and tables may be reset, corrected or deleted, and nothing in a game is money, property or anything of value. There is no wagering, betting, prize or cash-out of any kind, and you may not use the Services to organize or settle gambling.

7.5 Bodek Tools

Bodek Tools are free utilities. They are provided as they are, with no promise of accuracy, availability or fitness for any purpose, and we may change or remove any tool at any time.

A QR code you generate encodes the data you entered. We do not verify, test, monitor or endorse the destination of a code, and we are not responsible for what a scanner, device or destination does with it. You are responsible for any logo or image you upload — you must have the right to use it — and for printing, placing, or distributing a code, including testing that it scans before you rely on it. Saved codes are stored in your account and may be deleted if your account or plan ends.

7.6 Bodek Developers and the Bodek APIs

API keys and OAuth client secrets identify you. Keep them secret, do not embed them in client-side code or public repositories, do not share them outside your organization, and rotate or revoke them if they may be exposed. You are responsible for everything done with your keys, including by your own users and by anyone who obtains a key you failed to protect.

You must respect published rate limits, quotas, scopes and documented use; you may not scrape, bulk-extract, cache beyond what the documentation allows, circumvent limits, or use an undocumented endpoint. We may change, version or withdraw an endpoint, field, scope or dataset, throttle or block traffic, and suspend or revoke a key or application at any time, including without notice where there is a security, abuse, legal or capacity reason. API access depends on your plan: when a plan ends, its keys stop working and may be deleted.

If you build an application that signs other people in with Bodek ("Sign in with Bodek") or that handles their data through our APIs, you must: request only the scopes you need; publish your own accurate terms and privacy policy to your users; not misrepresent your identity or your relationship with Bodek; keep their data secure, use it only for the purpose they authorized, and delete it on request; not use Bodek branding except as we permit; and comply with all applicable law. You are solely responsible for your application and for your users' data in it, and you will indemnify us for claims arising out of it under section 15.

If an API we approve for you creates Bodek accounts or workspaces for other people, you must have each person's permission, give them accurate information about Bodek before you create their account, use only the data they agreed to, and stop on request. We may withdraw that approval at any time.

Datasets published through Bodek API are provided for use within your own application or workflow. Unless a dataset's documentation says otherwise, you may not redistribute, resell or republish a dataset in bulk, present it as your own data product, or use it to build a competing data service. We make no representation that any dataset is accurate, complete, current, lawful for your use case, or fit for any purpose, and you must not use one where an error could cause injury, financial loss or legal exposure without your own verification.

7.7 The Help Center and support

Help articles, guides and answers from our support team are general information about how the Services work. They are not legal, tax, accounting, security or professional advice, and they are not a warranty or a commitment that a feature works a particular way. We provide support on commercially reasonable efforts during business hours, with no guaranteed response time unless we have agreed one in writing.

7.8 Professional services and invoices

If Bodek provides design, development, hosting, consulting or other professional services, those are governed by the proposal, statement of work, quote or written agreement for that engagement, and these Terms apply only to your use of the Bodek websites and billing tools used to deliver and pay for them. An invoice you pay at billing.bodek.us is payable under its own terms; paying an invoice does not create a subscription, and a subscription does not cover professional services.

8. Third-party services and storage

If you connect Amazon S3 or S3-compatible storage, Backblaze B2, Dropbox, Google Drive, Google Photos, or another provider we offer from time to time, you direct us to access and transfer data through that provider. Before a file leaves our server we encrypt it with keys we hold, so what the provider stores is an encrypted object that only Bodek Files can read; it will not be a usable file if you open it in that provider's own app. You are solely responsible for your account there, your credentials, charges, capacity, permissions, backups and compliance with that provider's terms and policies.

Third-party providers, app stores, carriers, payment processors and integrations are independent of Bodek. We are not responsible for their acts or omissions, outages, security, data loss, pricing, policy changes, suspension or termination. Removing access, changing files outside Bodek, letting credentials expire, or a provider closing your account may make content unavailable or unrecoverable through the Services. Links to third-party sites are provided for convenience and are not an endorsement.

9. Plans, billing and taxes

Paid subscriptions are billed at the price, interval and terms shown at purchase and renew automatically until canceled. You authorize the applicable payment processor to charge your selected payment method on each renewal, including applicable taxes and any usage you have enabled. You must keep billing information current.

If a renewal payment fails, we allow a short billing grace period (currently 3 days) in which access continues while the payment is retried; after that the account is locked until payment succeeds. Locked accounts are subject to the export window and data deletion described in section 10.

Usage-based charges. Some features bill for what you use beyond the allowance your plan includes — for example, Bodek SMS pay-as-you-go messaging and storage add-ons. Where you turn such a feature on, you authorize the resulting charges at the posted rate, and you remain responsible for them even if usage was caused by your own code, a key you failed to protect, a misconfigured automation or a member of your organization. Usage counters we maintain are the basis for billing.

Except where required by law or expressly stated at purchase, charges are non-refundable and we do not provide credits or refunds for partial periods, unused storage or messages, downgrades, or periods in which you did not use the Services. You may cancel at any time through your billing settings; cancellation stops future renewals and takes effect at the end of the current period. We may change future pricing by giving reasonable advance notice, which takes effect on your next renewal. Taxes, duties and bank or card fees are your responsibility. If you dispute a charge with your bank rather than with us, we may suspend the account while the dispute is open and may recover our costs where the dispute is resolved in our favor.

10. Suspension, termination, the 60-day export, and account deletion

You may cancel your subscription at any time through the applicable billing settings. We may terminate your subscription or discontinue your account for convenience by giving at least 14 days' prior notice. We may immediately suspend, restrict or terminate access — in whole or for one Service, one key, one number, one link or one workspace — when reasonably necessary because of nonpayment, a breach of these Terms or the Acceptable Use Policy, unlawful or harmful content or messaging, a security threat, legal process, a carrier or provider requirement, or risk to Bodek, the Services or others.

When your subscription or account is terminated, or when you cancel it, normal access ends on the effective date. For the following 60 days, the account owner may sign in to download a full export of the files that remain available to us. The export excludes content you already deleted, content removed for legal or safety reasons, and third-party-stored content we cannot access. After those 60 days we may permanently delete the account and remaining content without recovery. You are responsible for completing and verifying your export before the deadline. Legal retention duties may require us to preserve limited information longer.

Deleting your account is a different thing, and the 60 days above do not apply to it. When you ask us to delete your account, the request starts a 5-day grace period. During those 5 days the account is locked: it will not sign in to any Bodek site or app, and existing sessions, remembered browsers and app sign-ins are ended immediately. You can stop the deletion at any point in those 5 days: sign in at accounts.bodek.us, go to Settings → Delete account, and choose Keep my account (we ask for your password or your authenticator code to confirm it is you). The account then comes back completely untouched. Simply signing in does not by itself cancel the request, so that nobody can undo your decision by opening a page.

When the 5 days are up, the account and everything in it is permanently wiped and cannot be recovered: your Bodek Files content — every file, including the copies held in any storage you connected (Dropbox, Google Drive, Amazon S3, Backblaze B2 or any other provider you connected) and every thumbnail, preview and video copy we made; albums and album messages; people, face groups and all face data; sync state; your search history; your signed-in devices and their push tokens; your two-factor methods and passkeys; webhooks; your API keys, including SMS keys; your saved payment methods; your avatar; your saved Bodek Tools items; and the games you created. Any scheduled recurring payment is cancelled. Organizations and workspaces you own are deleted in full; files and albums you created inside an organization or workspace owned by someone else belong to it and are handed to its owner rather than deleted. Bodek Forms, Bodek SMS and Bodek API data is not yet covered by this automatic deletion — if you have used those products, email support@bodek.us and we will remove it for you.

There is no 60-day retention after a deletion, so download anything you want to keep before you ask us to delete the account. Only two kinds of thing can outlive a deletion: limited records we have to keep to meet legal, accounting, tax, or fraud-prevention duties, and copies that sit in backups or log files until they are overwritten in the normal course of operation. See the Privacy Policy for more detail.

11. Mobile and desktop apps

We grant you a personal, revocable, non-exclusive, non-transferable license to install and use the Bodek apps on devices you own or control, solely to use the Services under these Terms. You may not copy, modify, distribute, rent, lease, sell, reverse engineer, decompile or create derivative works of an app except to the extent law expressly permits. Apps may update automatically.

App stores. An app obtained from Apple's App Store or Google Play is also subject to that store's terms, and the store, not Bodek, handles its distribution. As to any app obtained from the Apple App Store: this agreement is between you and Bodek only, not Apple; Bodek alone is responsible for the app and its content, maintenance and support, and Apple has no obligation to furnish any support; in the event the app fails to conform to any applicable warranty, you may notify Apple and Apple may refund the purchase price, and to the maximum extent permitted by law Apple has no other warranty obligation whatsoever; Bodek, not Apple, is responsible for addressing any claim relating to the app, including product liability, legal or regulatory compliance and consumer protection claims, and for any third-party claim that the app infringes intellectual property rights; you represent that you are not located in a country subject to a U.S. Government embargo or designated as supporting terrorism and that you are not on any U.S. Government restricted-party list; and Apple and its subsidiaries are third-party beneficiaries of this section and may enforce it against you.

The desktop sync app runs on your own computer and acts on the folders you point it at. You are responsible for choosing those folders, for the effect of syncing or deleting files in them, and for keeping your own backups; a sync is not a backup.

12. Bodek property and feedback

The Services, software, engines, dictionaries, datasets, documentation, branding, names, logos, interfaces and related materials belong to Bodek or its licensors and are protected by law. These Terms do not transfer any ownership to you and grant you only the limited right to use the Services while this agreement is in force. You may not copy, frame, mirror, reverse engineer, bypass a technical limitation, remove a notice, or commercially exploit the Services except as law expressly permits. You may not use Bodek names or logos without our written permission except to refer accurately to the Services.

If you provide feedback, ideas or suggestions, you allow us to use them for any purpose without restriction, attribution or compensation.

13. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. BODEK DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED, TIMELY OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT CONTENT, MESSAGES OR CALLS WILL BE STORED, DELIVERED, RECEIVED OR PRESERVED WITHOUT LOSS, DELAY OR ALTERATION; THAT ANY DATASET, SEARCH RESULT, PHOTO GROUPING, QR CODE, EXPORT OR AUTOMATED OUTPUT WILL BE ACCURATE OR COMPLETE; OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR COMPLY WITH ANY LAW THAT APPLIES TO YOU.

YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING INDEPENDENT BACKUPS OF YOUR CONTENT, FOR DETERMINING WHETHER THE SERVICES ARE SUITABLE FOR YOUR PURPOSE, AND FOR COMPLIANCE WITH THE LAWS AND INDUSTRY RULES THAT APPLY TO WHAT YOU STORE, SEND OR COLLECT. THE SERVICES ARE NOT DESIGNED FOR, AND MUST NOT BE USED IN, EMERGENCY, LIFE-SUPPORT, MEDICAL, AVIATION, NAVIGATION, NUCLEAR, CRITICAL-INFRASTRUCTURE OR OTHER HIGH-RISK SETTINGS WHERE FAILURE COULD CAUSE DEATH, INJURY OR SEVERE DAMAGE, AND WE DISCLAIM ALL LIABILITY FOR SUCH USE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, CREATES ANY WARRANTY.

Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you; in that case the exclusions apply to the maximum extent permitted.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BODEK AND ITS OWNERS, MEMBERS, OFFICERS, AFFILIATES, EMPLOYEES, CONTRACTORS, SUPPLIERS AND PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES; FOR LOSS OF DATA, CONTENT, FILES, MESSAGES, PROFITS, REVENUE, GOODWILL, OPPORTUNITY OR BUSINESS; FOR THE COST OF SUBSTITUTE SERVICES; FOR UNDELIVERED, DELAYED, MISDIRECTED OR UNWANTED MESSAGES OR CALLS; FOR REGULATORY FINES OR PENALTIES INCURRED BY YOU; OR FOR THE ACTS, OMISSIONS OR CONTENT OF ANY THIRD PARTY, INCLUDING OTHER USERS, RECIPIENTS, CARRIERS, APP STORES, PAYMENT PROCESSORS AND STORAGE PROVIDERS — WHETHER THE CLAIM SOUNDS IN CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, AND EVEN IF WE WERE ADVISED OF THE POSSIBILITY.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNT YOU ACTUALLY PAID BODEK FOR THE SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO IT. FOR A FREE SERVICE, FEATURE OR BETA, OUR TOTAL LIABILITY IS ONE HUNDRED U.S. DOLLARS ($100).

These limitations are an essential part of the bargain between us and apply even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so only lawful limitations apply.

15. Indemnification

To the extent permitted by law, you will defend, indemnify and hold harmless Bodek and its owners, members, officers, affiliates, employees, contractors and providers from and against all claims, demands, investigations, losses, liabilities, damages, judgments, settlements, fines, penalties, costs and reasonable legal fees arising out of or relating to: your content; your use of the Services; messages, calls or forms you send, publish or collect, including any claim under the Telephone Consumer Protection Act, a state messaging, call-recording, biometric or privacy statute, or carrier and industry rules; data you collect from respondents or recipients; an application you build on our APIs and its users; your connected storage or other third-party accounts; your organization's or workspace members' use of the Services; your violation of these Terms, the Acceptable Use Policy, the Messaging Terms or any law; or your infringement or misappropriation of anyone's rights. We may assume control of the defense and settlement of any claim subject to this section at your expense, and you will not settle a claim that imposes any obligation on us without our written consent.

16. Disputes and governing law

New York law governs these Terms and any dispute arising out of them or the Services, without regard to conflict-of-law rules. Before filing a claim, you agree to give us written notice at support@bodek.us describing the dispute and to allow 30 days to attempt an informal resolution. Any dispute not resolved informally will be brought exclusively in the state or federal courts located in New York, New York, and each party consents to their personal jurisdiction and venue there and waives any objection to it.

TO THE EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL, AND EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. TO THE EXTENT PERMITTED BY LAW, ANY CLAIM RELATING TO THE SERVICES MUST BE FILED WITHIN ONE YEAR AFTER IT AROSE OR IT IS PERMANENTLY BARRED.

If the class-action or jury waiver above is held unenforceable as to a particular claim or remedy, that claim or remedy will be severed and heard in court, and the remainder of this section stays in force. The prevailing party may recover costs and reasonable attorneys' fees where permitted by law. Nothing here prevents either party from seeking injunctive or equitable relief to protect its intellectual property or to stop ongoing abuse, or from bringing an individual claim in a small-claims court that has jurisdiction.

17. General terms

Changes to these Terms. We may update these Terms and the policies they incorporate, and will provide reasonable notice of material changes by posting the revised document with a new date and, where appropriate, by email or in-product notice. Continued use after the effective date means you accept the revised Terms. If you do not accept them, stop using the Services and cancel.

Notices and electronic communications. You consent to receive agreements, notices, disclosures, receipts and other communications from us electronically — by email to the address on your account, by a message in the Services, or by posting on the relevant site — and agree that these satisfy any legal requirement that a communication be in writing. Keep your email address current; a notice sent to it is effective even if it is not read. Legal notices to us go to support@bodek.us.

Export, sanctions and government use. You may not use or export the Services in violation of U.S. export control or sanctions laws, and you represent that you are not located in, and are not a national of or ordinarily resident in, an embargoed country, and are not on any restricted-party list. The Services are commercial computer software; any use by a U.S. government entity is subject to these Terms.

Force majeure. We are not liable for delay or failure caused by events beyond our reasonable control, including internet, hosting, carrier or utility failures, provider outages, disasters, epidemics, labor disputes, war, terrorism, civil unrest, government action, or cyberattacks.

Everything else. If a provision is unenforceable, it is limited or severed to the minimum extent necessary and the remaining provisions stay in force. Our failure to enforce a term is not a waiver of it. You may not assign these Terms without our written consent; we may assign them in connection with a reorganization, financing, merger, acquisition, bankruptcy or sale of assets. There is no third-party beneficiary of these Terms except as stated in section 11. Nothing here creates an agency, partnership, employment or joint-venture relationship. These Terms, together with the policies they incorporate and any plan-specific or written agreement terms, are the entire agreement concerning the Services and supersede prior discussions. Sections that by their nature should survive termination — including sections 4, 9, 12, 13, 14, 15, 16 and 17 — will survive.

18. Contact us

Bodek Solutions LLC — general and legal notices: support@bodek.us. Privacy requests: privacy@bodek.us. Copyright notices: dmca@bodek.us.