TERMS AND CONDITIONS

Last updated on: 15.9.2025

IMPORTANT NOTICE: THE FOLLOWING SERVICE TERMS AND CONDITIONS ("TERMS") INCLUDE A BINDING ARBITRATION PROVISION AND WAIVER OF JURY TRIALS AND CLASS ACTIONS THAT GOVERN DISPUTES ARISING FROM THE USE OF THE SERVICE AND SERVICES. IT IS IMPORTANT TO READ AND UNDERSTAND THESE TERMS AS THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ CAREFULLY.

Welcome, and thank you for your interest in Penligent, a product of Future Share LLC (“Penligent”, “we”, “our” or “us”) . These Terms govern access to and use of Penligent's software, platform, APIs, Documentation, and related tools, including the website www.penligent.ai, and all related software made available by Penligent to build, deploy, host, and manage software projects (collectively, the “Service” or "Software

About Penligent

Penligent is an AI-powered intelligent penetration testing tool designed to simulate advanced attacker techniques and help individual or organizations proactively identify and remediate security vulnerabilities. Our mission is to use AI to create a safer cyberspace, empowering security professionals with scalable, automated, and intelligent penetration testing capabilities.

By accessing or using our Service or Services, you acknowledge that Penligent provides tools to improve cybersecurity defenses, not to facilitate or conduct unauthorized attacks. You agree to use Penligent only in compliance with applicable laws, regulations, and authorized security testing scopes.

1. ELIGIBILITY

1.1. You affirm that you are of legal age to enter into this Agreement and to use the Services. You affirm that you are otherwise fully able and competent to enter into and abide by the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement. Your access may be terminated without warning if it comes to our attention that you are under the legal age to enter into this Agreement or are otherwise ineligible to enter into this Agreement or to use the Services.

1.2. You may use Penligent solely for the purpose of conducting security testing on systems, networks, or applications for which you have obtained prior explicit, written authorization. You are strictly prohibited from using the Service on any systems or environments without such authorization. You represent and warrant that you have all necessary rights and permissions to perform any security testing activities using the Service.

2. UPDATES AND COMMUNICATIONS

2.1. We may revise these Terms, including changing, deleting, or supplementing with additional terms and conditions from time to time in our sole discretion, including to reflect changes in applicable law. PLEASE REVIEW THIS WEBSITE ON A REGULAR BASIS TO OBTAIN TIMELY NOTICE OF ANY REVISIONS. YOU AGREE THAT WE MAY MODIFY, DELETE, AND MAKE ADDITIONS TO THERE TERMS, ITS GUIDES, STATEMENTS, POLICIES, AND NOTICES, WITH OR WITHOUT NOTICE TO YOU, AND FOR SIMILAR TERMS, GUIDES, STATEMENTS, POLICIES, AND NOTICES APPLICABLE TO YOUR USE OF THE SERVICES BY POSTING AN UPDATED VERSION ON THE APPLICABLE WEBPAGE. IF YOU CONTINUE TO USE THE SERVICE AFTER THE REVISIONS TAKE EFFECT, YOU AGREE TO BE BOUND BY THE REVISED TERMS. You agree that we shall not be liable to you or to any third party for any revision to the Terms.

2.2. You agree to receive all communications, correspondences, and notices that we provide in connection with our Service, including any Services , including, but not limited to, marketing and promotional messages related to us or the Services, correspondence regarding our delivery of the Services (“Communications”), via electronic means, including by e-mail, text, in-product notifications, push notifications, or by posting them on or making them otherwise available through the Service. To the fullest extent permitted under applicable laws, you agree that all Communications we provide to you electronically satisfy any legal requirement that such Communications be in writing or be delivered in a particular manner and you agree to the extent you are a Customer to keep your Account contact information current.

3. ACCOUNT

3.1. Registration; Username and Passwords. You may be required to provide information about yourself to register for and to access or use the Services and Software. You represent and warrant that any such information is and will remain accurate and complete, and that we have no liability whatsoever for errors and omissions in your data. You may also be asked to choose a username and password to access or use the Services and Software. We may reject, or require that you change, any such username or password, in our sole discretion. You are entirely responsible for maintaining the security of your username and password, and you agree not to disclose or make your username or password accessible to any third party.

3.2. Prohibition on Sharing. You may not share an account or any other user rights with any other individual, unless otherwise expressly pre-approved by us in writing. You may not share any login credentials or passwords regarding the foregoing with any other individual. You acknowledge that sharing of any such rights is strictly prohibited. Your right to use or access the Services and Software is personal to you and not assignable or transferable. You may not assign or transfer any account, Host rights, or any other user rights with any other individual, except upon (i) an individual termination of employment or relationship with their employer, as applicable, or (ii) Penligent’s prior express written approval.

4. CONTENT AND USE

4.1 Content. You may provide inputs to the Service (“Inputs”) and receive outputs, code, or other functions based on the Inputs provided by you (collectively, “Suggestions”) (Inputs and Suggestions are collectively “Content”). We may use Content to provide the Service, comply with applicable law, enforce our terms and policies, and keep the Service safe. By submitting Inputs to the Service, you represent and warrant that you have all rights, licenses, and permissions that are necessary for us to process the Inputs under these Terms and to provide the Service to you. However, if you are using your own AI model, or if you are using Penligent through other data privacy solutions, such as self-hosted deployment, or cloud-based isolated environment, then we will not have access to your Content, and your Inputs and Suggestions will remain fully under your control.

4.2 Limitations for Suggestions. You acknowledge that Suggestions are generated automatically by machine learning technology and may be similar to or the same as Suggestions provided to other customers, and no rights to any Suggestions generated, provided, or returned by the Service for or to other customers are granted to you under these Terms. Further, you acknowledge that there are numerous limitations that apply with respect to Suggestions provided by large language and other AI models (each an “AI Model”), including that (i) Suggestions may contain errors or misleading information, (ii) AI Models are based on predefined rules and algorithms that lack the ability to think creatively and come up with new ideas and can result in repetitive or formulaic content, (iii) AI Models can struggle with understanding the nuances of language, including slang, idioms, and cultural references, (iv) AI Models can struggle with complex tasks that require reasoning, judgment and decision-making, and (v) data used to train AI models may be of poor quality or biased. You agree that you are responsible for evaluating, and bearing all risks associated with, the use of any Suggestions, including any reliance on the accuracy, completeness, or usefulness of Suggestions.

4.3 Use Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (i) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code, object code or underlying structure of the Service; (ii) reproduce, modify, translate, or create derivative works of the Service; (iii) rent, lease, lend, or sell the Service; (iv) remove any proprietary notices from the Service; (v) use the Service or any Suggestions to develop or train a model that is competitive with the Service, or engage in model extraction or theft attacks; (vi) probe, scan or attempt to penetrate the Service; (vii) provide to any third party the results of any benchmark tests of the Service, unless you include all necessary information for others to replicate the tests; (viii) harvest, scrape, or extract data from the Service; (ix)use the Service in any manner that infringes, misappropriates, or otherwise violates any third party’s intellectual or other rights, or that violates any applicable laws or regulations, including but not limited to hacking, unauthorized access to systems or data, ransomware, fraud, or any other criminal activity; (x) conducting penetration tests, vulnerability scans, or any other form of security assessment without the explicit, written authorization of the owner of the targeted systems or networks; or (xi) knowingly permit any third party to do any of the foregoing. You will promptly notify us of any unauthorized use that comes to your attention and provide reasonable cooperation to prevent and terminate such use to the extent it is within your control.

4.4 Beta Services. From time to time, we may make Beta Services available to you. Beta Services shall be clearly designated as beta, pilot, limited release, non-production, early access, evaluation or a similar description. You may choose to use or not use such Beta Services in your sole discretion. Beta Services are intended for evaluation purposes and not for production use, are not fully supported, and may be subject to additional terms that may be presented to you. Beta Services are provided on an "as-is" and "as available" basis without any warranty, support, maintenance, or storage of any kind. We may discontinue Beta Services at any time in its sole discretion and may never make them generally available. WE SHALL HAVE NO LIABILITY WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH BETA SERVICES - USE AT YOUR OWN RISK.

5. OWNERSHIP AND LICENSE

5.1. Service. We and our licensors shall own and retain all right, title and interest in and to the Service, all improvements, enhancements or modifications thereto, and all intellectual property rights associated with the foregoing. There are no implied licenses in these Terms and we reserves all rights to the Service not granted in these Terms.

5.2. Feedback. We appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you grant us the right to exploit the Feedback without restriction or compensation to you.

5.3. Content. You retain all of your right, title, and interest that you have in Inputs, and we hereby assign to you all of our right, title, and interest if any in and to any Suggestions.

5.4. Usage Data. We may: (i) collect, analyze, and otherwise process Usage Data internally for its business purposes, including for security and analytics, to enhance the Service, and for other development and corrective purposes; and (ii) disclose Usage Data to third parties only in an aggregated and/or de-identified form and in a manner that does not identify you. “Usage Data” means technical logs, data, and learnings about Customer’s use of and interactions with the Service, but excludes Content.

5.5. Intellectual Property. The Service contains materials that are proprietary and are protected by copyright, trademarks, service marks, patents, and other intellectual property laws and treaties.

6. PAYMENT TERMS

6.1. Paid Services. Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. Unless otherwise specifically provided for in these Terms, all fees are non-refundable, except as required by law.

6.2. Pricing. We reserves the right to determine pricing for the Service. We will make reasonable efforts to keep pricing information published on the Service up to date. We encourage you to check our pricing page periodically for current pricing information. We may change the fees for any feature of the Service, including additional fees or charges, if we gives you advance notice of changes before they apply through the Service user interface, a pop-up notice, email, or through other reasonable means. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You will be responsible for all taxes associated with the Service, other than taxes based on our net income. We, at our sole discretion, may make promotional offers with different features and different pricing to any of our customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

6.3. Payment Processing. To facilitate payment for the Service via bank account, credit card, or debit card, we use Stripe, Inc. and its affiliates (“Stripe”), a third-party payment processor. These payment processing services are provided by Stripe and are subject to the Stripe terms and conditions and other policies available at https://stripe.com/legal and Stripe’s Global Privacy Policy available at: https://stripe.com/privacy (collectively, the "Stripe Agreements"). By agreeing to these Terms, users that use the payment functions of the Service also agree to be bound by the Stripe Agreements, as the same may be modified by Stripe from time to time. You hereby authorize Stripe to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact Stripe for more information. We assume no liability or responsibility for any payments you make through the Service.

6.4. Subscription Service. The Service may include certain subscription-based plans with automatically recurring payments for periodic charges (“Subscription Service”). The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. The Subscription Service will begin on the Subscription Billing Date and continue for the subscription period that you select on your account (such period, the “Initial Subscription Period”), and will automatically renew for successive periods of the same duration as the Initial Subscription Period (the Initial Subscription Period and each such renewal period, each a “Subscription Period”) unless you cancel the Subscription Service or we terminate it. If you activate a Subscription Service, then you authorize us or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of the Subscription Service, all accrued sums on or before the payment due date. Your account will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your Subscription Service for all applicable fees and taxes for the next Subscription Period. You must cancel your Subscription Service at least 24 hours before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We or its third-party payment processor will bill the periodic Subscription Fee to the payment method associated with your account or that you otherwise provide to us. You may cancel the Subscription Service by using the cancellation functionality made available in your billing menu or by contacting us at <[email protected]>. YOUR CANCELLATION MUST BE RECEIVED BEFORE THE RENEWAL DATE IN ORDER TO AVOID CHARGE FOR THE NEXT SUBSCRIPTION PERIOD.

6.5. Add-On and Usage-Based Features. You may purchase additional products, services or features that are not individually essential for the functioning of the Service, but that we make available to its users for enhanced capabilities on a supplemental basis, including usage-based pricing features that are described in the Service ("Add-Ons"). Add-Ons are deemed part of the Service and governed by these Terms.

7. THIRD-PARTY SERVICES

The Service may include or incorporate optional third-party services, including without limitation extensions, tools and plug-ins that you may install yourself (“Third-Party Services”). We will clearly indicate such content or features as Third-Party Services via prominent notices or descriptions in the Service. If you elect, in your sole discretion, to access or use a Third-Party Service, your access and use of the Third-Party Service is subject to the terms provided by that Third-Party Service, and you remain responsible for complying with those terms. We do not make any representations or warranties with respect to Third-Party Services.

8. PRIVACY

Please read our Privacy Policy < https://penligent.ai/privacy > (“Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal data.

9. TERMINATION

You may stop accessing the Services at any time. We reserve the right to modify, suspend, or discontinue the Services or your access to the Services, in whole or in part, at any time without notice to you. Although we will strive to provide you with reasonable advance notice if we stop offering a Service, there may be urgent situations, such as preventing abuse or addressing security issues or responding to legal requirements, where providing advance notice is not feasible. We will not be liable for any change to or any suspension or discontinuation of the Services or your access to them. If you have a Subscription Service, we may terminate the Subscription Service at any time for any other reason. If we exercise this right, we will refund you on a pro rata basis the fees you paid for the remaining portion of your Subscription Service after termination, provided that if we terminate your access to the Service due to a violation of these Terms, you will not be entitled to any refund. Upon termination of these Terms, a Subscription Service, or your access to the Service, we may at our option delete any Content or other data associated with your account. If you believe we have suspended or terminated your account in error, you can file an appeal with us by contacting [email protected].

10.INDEMNITY

To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Penligent, its affiliates and each of their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Penligent Entities”) from and against any and all liabilities, claims, damages, expenses (including reasonable attorneys’ fees), and other losses arising out of or relating to: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; and (3) any claim that your Input violates any third-party intellectual property, publicity, confidentiality, privacy, or other rights. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

11. DISCLAIMER AND WARRANTIES

11.1. THE SERVICE AND SUGGESTIONS ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. PENLIGENT DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND SUGGESTIONS, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. PENLIGENT DOES NOT WARRANT THAT THE SERVICE OR SUGGESTIONS WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND PENLIGENT DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. YOU AGREE THAT ANY USE OF SUGGESTIONS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON ANY SUGGESTION AS A SOURCE OF TRUTH. THE LAWS OF SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

11.2. No Warranty of Results. While Penligent incorporates safeguards and limitations to prevent abuse, you acknowledge that no system is entirely risk-free. Penligent does not warrant that the Service will prevent all misuse, nor is it responsible for any consequences resulting from attempts to circumvent such safeguards.

12. LIMITATION OF LIABILITY

12.1. NO INDIRECT DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE PENLIGENT ENTITIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY PENLIGENT ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

12.2. LIABILITY CAP. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE PENLIGENT ENTITIES TO YOU FOR ALL CLAIMS, DAMAGES AND LOSSES ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, AND CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO PENLIGENT FOR ACCESS TO AND USE OF THE SERVICE IN THE SIX (6) MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM OR, IF GREATER, (B) $100. THE FOREGOING LIMITATIONS ARE ESSENTIAL TO THESE TERMS, AND WE WOULD NOT OFFER THE SERVICE TO YOU UNDER THESE TERMS WITHOUT THESE LIMITATIONS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

13. DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

13.1. Agreement to Arbitrate. This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Penligent, whether arising out of or relating to these Terms (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Penligent are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. You may opt out of arbitration within 30 days of account creation or of any updates to these arbitration terms within 30 days after the update has taken effect, by sending an email to [email protected] from the email address used to create your account, and providing your first and last name and a clear statement of intent that you intend to exercise your right to opt out of mandatory arbitration.

13.2. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND Penligent AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND Penligent AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

13.3. Pre-Arbitration Dispute Resolution. Penligent is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing [email protected]. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Penligent and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Penligent may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Penligent or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Penligent is entitled.

13.4. Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless Penligent and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, Penligent agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

13.5. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. To the extent any Arbitration Fees are not specifically allocated to either Penligent or you under the AAA Rules, Penligent and you shall split them equally; provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, Penligent will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Penligent will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

13.6. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

13.7. Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of the subsection above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms will continue to apply.

13.8. Future Changes to Arbitration Agreement. Notwithstanding any provision in these Terms to the contrary, Penligent agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending Penligent written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

14. MISCELLANEOUS

14.1. Governing Law. California law will govern these Terms except for its conflicts of laws principles. Except as provided in the Dispute Resolution section above, all claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of San Francisco, California.

14.2. Contact Information. You may contact us by emailing us at [email protected].

14.3. No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.