Logo

Terms of Use

Updated January 10, 2024

Welcome

Playlab is a platform that empowers educators and impact organizations to build their own tools powered by Artificial Intelligence (AI).

Because Playlab is designed for educators and educational use cases, we adhere to applicable privacy laws as outlined in our privacy policy. This includes the Family Educational Rights and Privacy Act (FERPA) and the Children's Online Privacy Protection Act (COPPA).

In order to visit, use, or access Playlab, every user (“user,” “user's,” “you” or “your”) has to agree to the following Terms and Conditions (the “Terms” or the “Agreement”). These Terms constitute a legally-binding agreement made between you, whether personally or on behalf of an entity, and Playlab Education Inc (“Playlab,” “we,” “us” or “our”), concerning your access to and use of our platform, websites, applications, social media pages, AI technology, and all of our products, services, and channels (collectively, the “Platform” or “Services”).

You agree that by accessing the Platform in any way, you have read, understood, and agree to be bound by all of these Terms and our Privacy Policy. We may supplement these terms with additional policies.

We reserve the right to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Updated” date of these Terms at the top of this section, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes within any revised Terms by your continued use of the Platform after the date such revised Terms are posted.

1. Accounts

Playlab provides individual and organizational accounts that are intended to be used for a range of educational purposes, both in and outside of schools.

If you use Playlab on behalf of another person or entity, you must have the authority to accept the Terms on their behalf. You must provide accurate and complete information to register for an account. You may not make your access credentials or account available to others outside your organization, and you are responsible for all activities that occur using your credentials.

(a) Age Restrictions

You must be at least 13 years old to create a Playlab account. If you are under 18 you must have your parent or legal guardian's permission to use Playlab and adhere to all regulations that apply to your use and access of AI tools in your educational environment.

(b) Privacy Policy

Your privacy is important to us. Please read our Privacy Policy, which explains how Playlab uses, collects, and stores information it collects through the Services. By using Playlab, you additionally agree that you are comfortable with Playlab’s Privacy Policy.

(c) School Use

Playlab may make available certain features and tools that permit Users registered as teachers, school leaders, aides, or other similar school personnel ("School Personnel") to work with students and other Users through Playlab in order to provide such students with education-related services as part of the school's curriculum, and to review and evaluate educational achievement and progress of such students. If you are School Personnel accessing Playlab on behalf of a school, school district, or other similar educational institution (an "Institution"), the following terms apply to you:

  • Limitations on Use. Playlab is provided to you for educational purposes. You must use Playlab in compliance with all applicable laws, rules, and regulations. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purpose, any portion of the Services, the Website, or access to the Services or Website.

  • Responsibility for Consent and Notices. You and/or the Institution assume sole responsibility for obtaining any consents required from parents or guardians, and for providing appropriate disclosures to School Users and their parents regarding the School Users' use of Playlab, our Terms, and our Privacy Policy. You agree to be bound by these Terms on behalf of the School User, for so long as the School User account is not transferred to or assumed by a valid personal account for a Student of eligible age. If you are school personnel and you register an account for a child user or other student (either, a "School User") or direct a School User to create an account for school use, you represent and warrant that you have either received express consent from such School User's parent or legal guardian or that you (or your institution) have complied and will comply with all applicable requirements of an exemption from or exception to parental consent requirements, necessary for you to register the School User for the services and provide to PlayLab the information you disclose in connection with the registration of such School User. Specifically you agree, individually and on behalf of the Institution, that:

    • You are familiar with and agree to be responsible for compliance with the Family Educational Rights and Privacy Act and the US Department of Education's implementing regulations at 34 CFR Part 99 (collectively, "FERPA"), and all other laws, rules or regulations concerning the collection, use, and disclosure of personally identifiable information about Users in your Institution (collectively, "Applicable Privacy Law").

    • You assume sole responsibility (and hereby agree that Playlab is not responsible for) for providing appropriate notices and disclosures to students using Playlab for classroom use ("Students" or "Student Users") and their parents regarding Student use of the Website, our Terms, and our Privacy Policy, including any notices required by the Children's Online Privacy Protection Act ("COPPA"), FERPA, or other Applicable Privacy Law.

    • You assume sole responsibility (and hereby agree that Playlab is not responsible) for obtaining any consents required from parents or guardians, to the extent required under COPPA, FERPA or other Applicable Privacy Law, in connection with the Services, use of the Website for classroom use, and disclosure of personally identifiable information to Playlab in connection therewith. You represent and warrant to Playlab that, prior to creation of accounts for School Use, you have either obtained all necessary parent or guardian consents, or have complied and will comply with all applicable requirements of an exemption from or exception to parental consent requirements, including:

      • under FERPA, you have complied and will comply with the "school official" exception, or the "directory information" exception thereunder; and

      • under COPPA, with respect to Students under the age of 13, you are acting as the agent of the parent and consenting on their behalf to the sharing of the Student's personal information.

    • We refer to this as "School Consent". If a parent does not consent or rescinds such School Consent, School Personnel or the Institution shall immediately notify Playlab to discontinue that Student's access to the Services and ensure that such Student's information is no longer accessible through the Services. Under no circumstances will Playlab be liable for the School Personnel's failure to consult their school's authorities and administrators or for failing to obtain School Consent when required.

2. Usage

**(a) Educational Use **

Playlab is designed for educational use cases. By agreeing to our terms, you commit to use Playlab in ways that support educational use cases. This includes use cases outside of a school context and extends to a wide-range of interest-based learning use cases that might not map to traditional academic content.

(b) Your Responsibilities When Working With AI

AI-based tools and technologies are still very much in development. It is important for you to use these tools responsibly and appropriately. This includes, but is not limited to, the following considerations:

  • Check for bias: AI models are built upon particular training data that might include particular biases. When you build or use tools built on these AI models, they may reproduce those biases. Therefore, it is important for you to check for bias and when possible, try to prompt or adapt your tools in ways that mitigate for bias and harm.
  • “Hallucination”: AI models may generate content that is inaccurate or entirely fabricated. Check for accuracy when using outputs generated by AI. Before sharing a tool with others, check to see how consistently accurate your outputs are and adjust your prompts and design accordingly.
  • Protect Privacy: Avoid using personally identifiable information when working with AI models.

(c) Prohibited Use

When using Playlab, you agree not to:

  • Use the Services in a way that infringes, misappropriates or violates any person's rights;
  • reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Services (except to the extent such restrictions are contrary to applicable law);
  • post, upload, generate, promote, or distribute any defamatory, discriminatory, libelous, or inaccurate User Content or other content;
  • post, upload, generate, promote, glorify, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, sexually explicit, harassing, threatening, embarrassing, distressing, vulgar, hateful, hate speech, racially or ethnically offensive, promoting of violence, self-harm, harm to others (individuals, society or organizations), hostility, or discrimination, false or misleading, misinformation, malware, content intended to cause harm, or otherwise inappropriate;
  • use the Services in any manner that is harmful to minors or others
  • impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Services accounts of others without permission, create accounts via bots or other automated means, mislead any person regarding whether Output generated by or through use of the Services is human-generated, or perform any other fraudulent activity;
  • use of the Services to commit any act of educational dishonesty
  • develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Services or otherwise copy projects and other data from the Services;
  • Use bots or other automated methods to access the Services, except as permitted through the API
  • delete (or otherwise obscure or alter) the copyright or other proprietary rights notices on the Services or on any Licensed Educational Content, Licensed Educational Code, or User Content;
  • assert, or authorize, assist, or encourage any third party to assert, against Playlab or any of its affiliates or licensors any patent infringement or other intellectual property infringement claim regarding any Licensed Educational Content, Licensed Educational Code, or User Content you have used, submitted, or otherwise made available on or through the Services;
  • use output from the Services to develop models that compete with Playlab;
  • represent that output from the Services was human-generated when it is not or otherwise violate our Usage Policies
  • Buy, sell, or transfer API keys without our prior consent;
  • make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Services (including, but not limited to, unsolicited advertising, promotional materials, political campaign materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures);
  • use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
  • defame, harass, bully, abuse, threaten or defraud Users of the Services, or collect, or attempt to collect, personal information about Users or third parties without their consent;
  • intentionally interfere with or damage operation of the Services or any user’s enjoyment of it, by any means, including without limitation by participation in any denial-of-service type attacks, any prompt injection attack or other attempt to interfere with intended functionality of the Services, or by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.

(d) Third Party Services.

Any third party software, services, or other products you use in connection with the Services are subject to their own terms, and we are not responsible for third party products.

3. Content

**(a) Your Content. **

You may provide input to the Services (“Input”), and receive output generated and returned by the Services based on the Input (“Output”). Input and Output are collectively “Content.” As between the parties and to the extent permitted by applicable law, you own all Input. Subject to your compliance with these Terms, Playlab hereby assigns to you all its right, title and interest in and to Output. This means you can use Content for any purpose, including commercial purposes such as sale or publication, if you comply with these Terms. Playlab may use Content to provide and maintain the Services, comply with applicable law, and enforce our policies. You are responsible for Content, including for ensuring that it does not violate any applicable law or these Terms.

**(b) Similarity of Content. **

Due to the nature of machine learning, Output may not be unique across users and the Services may generate the same or similar output for Playlab or a third party. For example, you may provide input to a model such as “What color is the sky?” and receive output such as “The sky is blue.” Other users may also ask similar questions and receive the same response. Responses that are requested by and generated for other users are not considered your Content.

**(c) Accuracy. **

Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe and beneficial. Given the probabilistic nature of machine learning, use of our Services may in some situations result in incorrect Output that does not accurately reflect real people, places, or facts. You should evaluate the accuracy of any Output as appropriate for your use case, including by using human review of the Output.

(d) Educational Use

As outlined above, Playlab is designed for educational purposes. Therefore, content requested (via inputs and tool design) should broadly align with educational goals.

4. Fees and Payments

**(a) Fees and Billing. **

You will pay all fees charged to your account (“Fees”) according to the prices and terms on the applicable pricing page, or as otherwise agreed between us in writing. We have the right to correct pricing errors or mistakes even if we have already issued an invoice or received payment. You will provide complete and accurate billing information including a valid and authorized payment method. We will charge your payment method on an agreed-upon periodic basis, but may reasonably change the date on which the charge is posted. You authorize Playlab and its affiliates, and our third-party payment processor(s), to charge your payment method for the Fees. If your payment cannot be completed, we will provide you written notice and may suspend access to the Services until payment is received. Fees are payable in U.S. dollars and are due upon invoice issuance. Payments are nonrefundable except as provided in this Agreement.

**(b) Taxes. **

Unless otherwise stated, Fees do not include federal, state, local, and foreign taxes, duties, and other similar assessments (“Taxes”). You are responsible for all Taxes associated with your purchase, excluding Taxes based on our net income, and we may invoice you for such Taxes. You agree to timely pay such Taxes and provide us with documentation showing the payment, or additional evidence that we may reasonably require. Playlab uses the name and address in your account registration as the place of supply for tax purposes, so you must keep this information accurate and up-to-date.

(c) Price Changes.

We may change our prices by posting notice to your account and/or to our website. Price increases will be effective 14 days after they are posted, except for increases made for legal reasons or increases made to Beta Services (as defined in our Service Terms), which will be effective immediately. Any price changes will apply to the Fees charged to your account immediately after the effective date of the changes.

(d) Disputes and Late Payments.

If you want to dispute any Fees or Taxes, please contact ar@playlab.ai within thirty (30) days of the date of the disputed invoice. Undisputed amounts past due may be subject to a finance charge of 1.5% of the unpaid balance per month. If any amount of your Fees are past due, we may suspend your access to the Services after we provide you written notice of late payment.

**(e) Free Tier. **

You may not create more than one account to benefit from credits provided in the free tier of the Services. If we believe you are not using the free tier in good faith, we may charge you standard fees or stop providing access to the Services.

5. Data Protection

Your privacy and data are important to Playlab. Please read Playlab’s Privacy Policy for an explanation of how we collect, use, protect, and disclose personal information.

**(a) Security. **

You must implement reasonable and appropriate measures designed to help secure your access to and use of the Services. If you discover any vulnerabilities or breaches related to your use of the Services, you must promptly contact Playlab and provide details of the vulnerability or breach.

(b) Processing of Personal Data.

If you use the Services to process personal data, you must provide legally adequate privacy notices and obtain necessary consents for the processing of such data, and you represent to us that you are processing such data in accordance with applicable law.

If you will be using the Playlab API for the processing of “personal data” as defined in the GDPR or “Personal Information” as defined in CCPA, you must first contact us at privacy@playlab.ai to request to execute our Data Processing Addendum.

6. Term and Termination

(a) Term

These Terms shall remain in full force and effect while you use the Services unless your account is terminated as provided in these Terms, in which case you no longer have the right to use the Services.

(b) Termination

You may terminate use of the Services at any time by deleting your account. We may terminate your use of the Services at any time on thirty (30) days prior notice, provided that we may immediately suspend or terminate your use of the Services without notice for a material breach of these Terms. Provisions of these Terms that by their nature should survive termination will survive any termination of the Services.

7. Indemnification; Disclaimers; No Warranties; Limitations on Liability

**(a) Indemnification **

You agree, to the extent permissible under your state’s laws, to indemnify, defend, and hold harmless Playlab, and its parent, successors, affiliated companies, contractors, officers, directors, employees, agents and its third-party suppliers, licensors, and partners (“Playlab Parties") from and against all losses, damages, liabilities, demands, judgments, settlements, costs and expenses of any kind (including legal fees and expenses), from any claim or demand made by any third-party relating to or arising out of (i) your access to, use or misuse of the Services; (ii) your breach or alleged breach of these Terms, or any violation of the Terms; (iii) any breach of the representations, warranties, and covenants made herein, whether by you or by any User whose account you have approved as a School Personnel; (iv) your failure to comply with Applicable Laws (including any failure to obtain or provide any required consent or notice); (v) the infringement by you or any third-party using your account of any intellectual property, privacy, or other right of any person or entity, including in connection with your User Content, or (vi) your breach or alleged breach of any interaction, agreement, or policy between you and any other Users. Playlab reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Playlab, and you agree to cooperate with Playlab’s defense of these claims. You agree not to settle any such matter without the prior written consent of Playlab. Playlab will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

(b) Disclaimers

The services are provided “as is.” Except to the extent prohibited by law, we and our affiliates and licensors make no warranties (express, implied, statutory or otherwise) with respect to the services, and disclaim all warranties including but not limited to warranties of merchantability, fitness for a particular purpose, satisfactory quality, non-infringement, and quiet enjoyment, and any warranties arising out of any course of dealing or trade usage. We do not warrant that the services will be uninterrupted, accurate or error free, or that any content will be secure or not lost or altered.

(c) No Warranties

The website, and all data, information, software, website materials, content (whether owned or licensed), user content, reference sites, services, or applications made available in conjunction with or through the website (the "Playlab offerings"), are provided on an “as is,” “as available,” and “with all faults” basis. To the fullest extent permissible pursuant to applicable law, the Playlab parties disclaim any and all warranties and conditions of any kind, whether statutory, express or implied, including, but not limited to, all implied warranties of merchantability, quality, availability, quiet enjoyment, fitness for a particular purpose, title, and non-infringement. No advice or information, whether oral or written, obtained by you from Playlab or through the website will create any warranty not expressly stated herein.

(d) Content

Playlab does not warrant that the website or any data, user content, functions, or any other information offered on or through the website will be uninterrupted, or free of errors, viruses or other harmful components, and do not warrant that any of the foregoing will be corrected.

Playlab makes no representation or warranty that (1) Playlab will (a) meet your requirements or expectations, or be to your liking, or (b) will be timely, secure, accurate, free from errors or loss, or uninterrupted, (2) that the services are free from viruses or other harmful components, or (3) that any defects or errors will be corrected. Some features may be new or experimental and may not have been tested in any manner.

(e) AI Enabled Services

You acknowledge and agree that output from AI-enabled services may include errors (including without limitation math errors), may reflect biased, incomplete or incorrect information, may provide objectionable or offensive responses, may not account for events or changes to underlying facts occurring after the AI model was trained, and have other limitations. You should not rely on the factual assertions in output without independently fact checking their accuracy. Output may appear accurate due to its detail or specificity but contain material inaccuracies.

(f) Limitation of Liability

Under no circumstances, including, but not limited to, negligence, will Playlab or the Playlab parties be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues or profits, loss of data, or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) even if Playlab or Playlab parties has been advised of the possibility of such damages arising out of or relating (i) to the terms; (ii) your use of (or inability to use) the website or the Playlab offerings, or (iii) any other interactions with Playlab or any third-party through or in connection with the Playlab offerings, including other users. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, Playlab’s liability will be limited to the fullest extent permitted by applicable law.

(g) Limitation of Damages

In no event will Playlab’s or the Playlab parties' total liability to you for all damages, losses, and causes of action arising out of or relating to the terms or your use of the website or your interaction with other website users (whether in contract, tort (including negligence), warranty, or otherwise), exceed the amount paid by you to Playlab, if any, for accessing the website during the twelve months immediately preceding the date of the claim or one hundred dollars ($100), whichever is greater.

(h). Basis of the Bargain

You acknowledge and agree that Playlab has offered the website and entered into the terms in reliance upon the disclaimers and the limitations of liability set forth herein, that the disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Playlab, and that the disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Playlab. Playlab would not be able to provide the website to you on an economically reasonable basis without these limitations.

8. Dispute Resolution

YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:

**(a) MANDATORY ARBITRATION. **

You and Playlab agree to resolve any past or present claims relating to these Terms or our Services through final and binding arbitration, except that you have the right to opt out of these arbitration terms, and future changes to these arbitration terms, by contacting us at privacy@playlab.ai within 30 days of agreeing to these arbitration terms or the relevant changes.

(b) Informal Dispute Resolution.

We would like to understand and try to address your concerns prior to formal legal action. Before filing a claim against Playlab, you agree to try to resolve the dispute informally by sending us notice at dispute-resolution@playlab.ai of your name, a description of the dispute, and the relief you seek. If we are unable to resolve a dispute within 60 days, you may bring a formal proceeding. Any statute of limitations will be tolled during the 60-day resolution process.

**(c) Arbitration Forum. **

Either party may commence binding arbitration through ADR Services, an alternative dispute resolution provider. The parties will pay equal shares of the arbitration fees. If the arbitrator finds that you cannot afford to pay the arbitration fees and cannot obtain a waiver, Playlab will pay them for you. Playlab will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

(d) Arbitration Procedures.

The arbitration will be conducted by telephone, based on written submissions, video conference, or in person in San Francisco, California or at another mutually agreed location. The arbitration will be conducted by a sole arbitrator by ADR Services under its then-prevailing rules. All issues are for the arbitrator to decide, except a California court has the authority to determine (i) the scope, enforceability, and arbitrability of this Section 8, including the mass filing procedures below, and (ii) whether you have complied with the pre-arbitration requirements in this section. The amount of any settlement offer will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any.

**(e). Exceptions. **

This arbitration section does not require arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement.

(f) NO CLASS ACTIONS.

Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If for any reason a dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding, or counterclaim. This does not prevent either party from participating in a class-wide settlement of claims.

(g) Mass Filings. If, at any time, 30 or more similar demands for arbitration are asserted against Playlab or related parties by the same or coordinated counsel or entities (“Mass Filing”), ADR Services will randomly assign sequential numbers to each of the Mass Filings. Claims numbered 1-10 will be the “Initial Test Cases” and will proceed to arbitration first. The arbitrators will render a final award for the Initial Test Cases within 120 days of the initial pre-hearing conference, unless the claims are resolved in advance or the parties agree to extend the deadline. The parties will then have 90 days (the “Mediation Period”) to resolve the remaining cases in mediation based on the awards from the Initial Test Cases. If the parties are unable to resolve the outstanding claims during this time, the parties may choose to opt out of the arbitration process and proceed in court by providing written notice to the other party within 60 days after the Mediation Period. Otherwise, the remaining cases will be arbitrated in their assigned order. Any statute of limitations will be tolled from the time the Initial Test Cases are chosen until your case is chosen as described above.

(h) Severability.

If any part of this Section 8 is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow Mass Filing or class or representative arbitration, this Section 8 will be unenforceable in its entirety. Nothing in this section will be deemed to waive or otherwise limit the right to seek public injunctive relief or any other non-waivable right, pending a ruling on the substance of such claim from the arbitrator.

9. General Terms

(a) Relationship of the Parties.

These Terms do not create a partnership, joint venture or agency relationship between you and Playlab or any of Playlab's affiliates. Playlab and you are independent contractors and neither party will have the power to bind the other or to incur obligations on the other's behalf without the other party's prior written consent.

**(b) Use of Brands. **

You may not use Playlab's or any of its affiliates' names, logos, or trademarks, without our prior written consent.

(c) U.S. Federal Agency Entities.

The Services were developed solely at private expense and are commercial computer software and related documentation within the meaning of the applicable U.S. Federal Acquisition Regulation and agency supplements thereto.

**(d) Copyright Complaints. **

If you believe that your intellectual property rights have been infringed, please send notice to copyright@playlab.ai. We may delete or disable content alleged to be infringing and may terminate accounts of repeat infringers.

Claims concerning copyright infringement must include the following information:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon; A description of where the material that you claim is infringing is located on the site; Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

**(e) Assignment and Delegation. **

You may not assign or delegate any rights or obligations under these Terms, including in connection with a change of control. Any purported assignment and delegation shall be null and void. We may assign these Terms in connection with a merger, acquisition or sale of all or substantially all of our assets, or to any affiliate or as part of a corporate reorganization.

**(f) Modifications. **

We may amend these Terms from time to time by posting a revised version on the website, or if an update materially adversely affects your rights or obligations under these Terms we will provide notice to you either by emailing the email associated with your account or providing an in-product notification. Those changes will become effective no sooner than 30 days after we notify you. All other changes will be effective immediately. Your continued use of the Services after any change means you agree to such change.

**(g) Notices. **

All notices will be in writing. We may notify you using the registration information you provided or the email address associated with your use of the Services. Service will be deemed given on the date of receipt delivered by email.

**(h) Waiver and Severability. **

If you do not comply with these Terms, and Playlab does not take action right away, this does not mean Playlab is giving up any of our rights. Except as provided in Section 8, if any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, that term will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.

**(i) Export Controls. **

The Services may not be used in or for the benefit of, exported, or re exported (a) into any U.S. embargoed countries (collectively, the “Embargoed Countries”) or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals, any other restricted party lists (existing now or in the future) identified by the Office of Foreign Asset Control, or the U.S. Department of Commerce Denied Persons List or Entity List, or any other restricted party lists (collectively, “Restricted Party Lists”). You represent and warrant that you are not located in any Embargoed Countries and not on any such restricted party lists. You must comply with all applicable laws related to Embargoed Countries or Restricted Party Lists, including any requirements or obligations to know your end users directly.

**(j) Equitable Remedies. **

You acknowledge that if you violate or breach these Terms, it may cause irreparable harm to Playlab and its affiliates, and Playlab shall have the right to seek injunctive relief against you in addition to any other legal remedies.

**(k) Entire Agreement. **

These Terms and any policies incorporated in these Terms contain the entire agreement between you and Playlab regarding the use of the Services and, other than any Service specific terms of use or any applicable enterprise agreements, supersedes any prior or contemporaneous agreements, communications, or understandings between you and Playlab on that subject.

**(l) Jurisdiction, Venue and Choice of Law. **

These Terms will be governed by the laws of the State of California, excluding California's conflicts of law rules or principles. Except as provided in the “Dispute Resolution” section, all claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of San Francisco County, California, USA.