Community Guidelines
To ensure Odyssey is a healthy community, we’ve established these Community Guidelines. They outline behaviors and content that aren’t allowed across our Services—including the public forums for user-generated content. This list isn’t exhaustive, and we may update these guidelines at any time. We reserve the right to take action against users whose actions go against the spirit of our community, even if those actions aren’t specifically mentioned here.
1. Respect and Kindness
Treat all community members and staff with kindness and respect. Harassment, threats, or any form of abusive behavior will not be tolerated.
Do not create or share content that is disrespectful, defamatory, threatening or abusive, including:
Content that could be considered racist, homophobic, or derogatory towards any individual or group or that trivializes or incites suffering of any individual or group.
Offensive or inflammatory images of celebrities or public figures.
Imagery of real people, famous or otherwise, that could be used to harass, abuse, defame, or otherwise harm.
2. Safe and Appropriate Content
Do not create or share adult content, gore, or any material that is visually shocking or disturbing. Gore includes images of detached body parts of humans or animals, cannibalism, blood, violence (images of shooting or bombing someone, for instance), mutilated bodies, severed limbs, pestilence, etc.
Do not create or share content that depicts or promotes violence or death (including against individuals, animals and property), weapon development and use, terrorism, suicide, self-harm, or disordered eating promotion.
3. Protection of Minors
Do not create or attempt to create content that in any way exploits, harms, or sexualizes children or minors, including child sexual abuse material, whether or not any portion is AI generated.
Do not generate, upload, share, or make attempts to distribute content that depicts, promotes, or attempts to normalize child sexual abuse.
We strictly prohibit and will report to relevant authorities and organizations where appropriate any activity or content that violates this Section.
4. Sexual Conduct
Do not generate pornographic content, obscene or vulgar content or content meant for sexual gratification, including activity that describes sexual intercourse, sexual acts, or sexual fetishes, or promotes sexual services (excluding sex education and wellness).
Do not create content to facilitate the engagement in erotic chats.
5. Political Campaigns; Illegal Activity
Do not use, generate, amplify, or coordinate content for political campaigns, lobbying, or influence operations. This includes AI-generated videos and discussions intended to support or oppose candidates, parties, ballot measures, or legislative campaigns.
Do not generate content for (or that encourages) illegal or unlawful activity or upload images to our servers that involve illegal or unlawful activity, or where the uploading itself may be illegal or unlawful.
Do not generate content that encourages illegal, unlawful, or harmful substances.
6. Intellectual Property and Privacy
Do not create or share content that infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy. This includes unauthorized use of copyrighted and trademarked material.
Do not share personal information of others without their explicit consent. Respect the privacy of all community members.
7. Misinformation and Deception
Do not create or share content that is intended to mislead or deceive others. This includes misinformation, disinformation, and content designed to manipulate public opinion.
Do not impersonate others or create content that could mislead others about your identity or the origin of the content.
8. Content Sharing and Attribution
When sharing your creations outside of the platform, consider how others might perceive your content. Ensure that your content aligns with these Community Guidelines even when shared externally.
Privacy Policy
Odyssey Systems, Inc. ("Odyssey", "Company", "we", "us", or "our") values your privacy. This Privacy Policy describes how we collect, use, and share your personal data when you use our website at odyssey.ml or participate in our research activities.
We Are Located At
Odyssey Systems, Inc. 2445 Augustine Drive Santa Clara, CA 95054, USA
Information We Collect
Personal Data
While using our Service, we may ask you to provide certain personally identifiable information that can be used to contact or identify you. This may include:
Email address
First name and last name
Location
Age
Account information for registered users
Responses to surveys or interview questions
Usage Data
Usage Data is collected automatically when using our Service and may include:
Your device's Internet Protocol address (IP address)
Browser type and version
Pages of our Service that you visit
Time and date of your visit
Time spent on pages
Unique device identifiers
Mobile device information (device type, unique ID, operating system, mobile browser type)
Interaction data (page views, clicks, session duration)
Other diagnostic data
Tracking Technologies and Cookies
We use cookies and similar tracking technologies to enhance your experience and analyze our Service. These include:
Essential Cookies (Session Cookies)
Enable core website functionality
Authenticate users and prevent fraudulent account use
Required for services you request
Functionality Cookies (Persistent Cookies)
Remember your preferences and login details
Provide personalized experience
Avoid re-entering preferences
Analytics Cookies (Persistent Cookies)
Track usage patterns and analyze website performance
Help us improve our services
You can control cookies through your browser settings, though disabling certain cookies may limit website functionality.
How We Use Your Information
We use your personal data for the following purposes:
Service provision—Provide, maintain, and monitor our Service
Account management—Manage your registration and access to Service features
User research—Conduct research and collect feedback to improve our services
Communication—Contact you with updates, security notifications, or research opportunities
Legal compliance—Fulfill contractual obligations and comply with legal requirements
Business operations—Evaluate mergers, acquisitions, or asset transfers
Analytics—Analyze usage trends, determine promotional effectiveness, and improve our Service
Marketing—Provide information about similar goods and services (unless you opt out)
We do not sell your personal data.
Legal Bases for Processing
If you are located in the European Economic Area (EEA), we process your data based on:
Your explicit consent
Performance of a contract with you
Our legitimate interests (understanding user interactions, improving services)
Legal obligations
Sharing Your Information
We share your personal information only in these situations:
With Service Providers
Third-party companies that help operate our website, analyze usage, or contact you
All providers must adhere to appropriate data protection standards
With Our Research Partner
Persona (AI for Humans, Inc.) processes interview responses solely on our behalf
With Affiliates
Our parent company, subsidiaries, joint venture partners, or companies under common control
All affiliates must honor this Privacy Policy
With Business Partners
To offer certain products, services, or promotions (with appropriate safeguards)
In Legal Situations
To comply with legal obligations, court orders, or government requests
To protect company rights, prevent wrongdoing, or ensure user safety
To defend against legal liability
In Business Transactions
During mergers, acquisitions, financing, or asset sales
You will receive notice before data transfer under a different Privacy Policy
With Your Consent
For any other purpose when you provide explicit consent
With Other Users
Information shared in public areas may be viewed by all users and distributed publicly
Data Security and Retention
Security: We implement commercially reasonable security measures to protect your personal data. However, no internet transmission or electronic storage method is 100% secure.
Retention: We retain your data only as long as necessary for the purposes outlined in this policy, including:
Legal compliance requirements
Dispute resolution
Enforcement of agreements and policies
Internal analysis and security improvement
Usage Data is generally retained for shorter periods unless needed for security or functionality improvements.
International Data Transfers
Your information may be transferred to and processed in the United States and other countries where our service providers operate. We ensure appropriate safeguards are in place, including data processing agreements and standard contractual clauses where required.
Your consent to this Privacy Policy represents your agreement to such transfers.
Your Rights
Depending on your location, you may have the right to:
Access—Request a copy of your personal data
Correction—Update or amend inaccurate information
Deletion—Request deletion of your personal data
Portability—Receive your data in a structured, machine-readable format
Restriction—Object to or limit processing of your data
Withdrawal—Withdraw consent where processing is based on consent
Complaint—Lodge a complaint with a supervisory authority
Exercising Your Rights: Contact us at hello@odyssey.world or through your account settings if available. We may need to retain certain information for legal obligations or lawful purposes.
Children's Privacy
Our Service is not directed to individuals under age 16, and we do not knowingly collect personal data from children under 16. If you are a parent or guardian and believe your child has provided us with personal data, please contact us immediately. We will take steps to remove such information from our servers.
If we need parental consent as a legal basis for processing and your country requires such consent, we may require your parent's consent before collecting and using that information.
Links to Other Websites
Our Service may contain links to third-party websites not operated by us. We strongly advise reviewing the Privacy Policy of every site you visit, as we have no control over and assume no responsibility for third-party content, privacy policies, or practices.
Changes to This Privacy Policy
We may update this Privacy Policy periodically. When we do:
We will post the new Privacy Policy on this page
Changes become effective when posted
We advise reviewing this Privacy Policy regularly for any changes.
Terms of Service
Last Updated: 2025-11-17
Please read these Terms of Service (the “Terms”) and our Privacy Policy (“Privacy Policy”) carefully because they govern your use of the website located at https://odyssey.ml (the “Site”) and our interactive video model platform accessible via the Site and/or corresponding mobile application (“App”) offered by Odyssey Systems, Inc. (“Odyssey,” “we,” “us,” or “our”). To make these Terms easier to read, the Site, our services and App are collectively called the “Services.”
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND Odyssey THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 17 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.
Overview of Services. Through your engagement with our interactive video generation platform that permits our users to watch and influence video experiences, we gain invaluable insights. This enables us to improve the algorithms, machine learning, and artificial intelligence (collectively, “AI Systems”) powering and supporting the Services or our other products and services so that our technology will be increasingly beneficial, collaborative and enjoyable for our users to interact with. Given the early state of AI Systems, we also acknowledge that there are areas that we will need to continually improve on so that we can continuously enhance the performance and usability of our Services. As part of that, you recognize that:
We may use any data about or from your interactions on the Services, User Content and Output to personalize your experience on the Services, build, train and fine-tune our AI Systems, otherwise improve our Services, and/or develop new products and services, as further described in our Privacy Notice and Section 7-3 of these Terms.
Outputs may not always contain accurate information or be as you intended.
You are solely responsible for verifying the accuracy, legality, and appropriateness of any Outputs before using or sharing them, as further described in Section 13.
Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.
Privacy Notice. Please review our Privacy Notice, which also governs your use of the Services, for information on how we collect, use and share your information. We may process personal information to improve our AI Systems, the Services and our other products and services, as further described in the Privacy Notice.
Changes to these Terms or the Services. We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site, to the App and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Who May Use the Services?
Age. You may use the Services only if you are at least 13 years of age (or such other minimum age at which you can provide consent to data processing under the laws of your territory), and not otherwise barred from using the Services under applicable law. If you are over 13 years of age but under the age of majority in your respective jurisdiction, you hereby represent and warrant that your parent or legal guardian has read these Terms, and accepts them on your behalf. Parents and legal guardians are responsible for the acts of their minor children when using the Services, whether or not the parent or guardian has authorized such acts. Odyssey tries to make its Services PG-13 and family friendly, but the Outputs are generated by an AI System based on Inputs. In addition to, and without limiting Section 13, this is new technology and it does not always work as expected, and no guarantees are made as to the suitability of the Outputs for you.
U.S. Based Service. The Services are controlled and operated from facilities in the United States. We make no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.
Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
Your Content.
Posting Content. Our Services may allow you to store or share content such as text (in posts or communications with others), graphics, images, music, software, audio and video, whether as a prompt or user-directed action to generate interactive videos (“Input”) or in other parts of the Services. Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as “User Content”. Odyssey does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.
Output. The Services may generate videos, modified videos and other output for you (each, “Output”) in response to your Input. As between Odyssey and you, and subject to applicable law, you retain all ownership rights in and to your Output. Because of how our Services (including AI Systems) generally work, multiple users might get similar results based on similar Inputs (including via similar user-directed modifications of publicly displayed Output). So the rights that you retain to your Output only apply to your specific Outputs, not to other users’ or third parties’ Outputs.
Permissions to Your User Content and Output. To provide our Services we need you to give us some legal permissions (known as a "license") to use User Content:
By making any User Content available through the Services and generating Output, you hereby grant to Odyssey a non-exclusive, transferable, worldwide, perpetual, irrevocable, royalty-free license, with the right to sublicense through one or multiple tiers (including to other users), to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content and Output in connection with providing, operating and improving the Services and Odyssey’s other products and services. This license includes the right to use User Content to build, train and finetune AI Systems.
Please note: The Services provide an open community which allows other users to use, modify and remix your Output whenever they are posted in a public setting, including the Output that is posted to our Site. Your Output is publicly viewable, modifiable and remixable, unless blocked by the Services. As described above, you grant Odyssey a license to allow these activities.
Your Responsibility for User Content. You are solely responsible for all your User Content and Output. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content and Output under these Terms. You represent and warrant that neither your User Content or Output, nor your use and provision of your User Content or Output to be made available through the Services, nor any use of your User Content or Output by Odyssey on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Removal of User Content. You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. Additionally, some User Content may be retained by AI Systems. Please read the Privacy Notice on your rights to request Odyssey to delete personal information. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Odyssey’s Intellectual Property. We may make available through the Services content that is subject to intellectual property rights. We retain all rights to that content.
Rights and Terms for Apps.
App License. If you comply with these Terms, Odyssey grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the App on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the App solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App (unless applicable law permits, despite this limitation); or (iv) make the functionality of the App available to multiple users through any means.
Additional Information: Apple App Store. This Section 8-2 applies to any App that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the App infringe that third party’s intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the App.
General Prohibitions and Odyssey’s Enforcement Rights. You agree not to do any of the following:
Post, upload, publish, submit or transmit any User Content or Output that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
Use the Services or any Output in a manner that violates the Odyssey Community Guidelines;
Utilize the Services (including any AI models or derivatives thereof), documentation, Input or Output to train, improve or have trained or improved an AI model (e.g., engage in “model scraping”);
Use, display, mirror or frame the Services or any individual element within the Services, Odyssey’s name, any Odyssey trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Odyssey’s express written consent;
Access, tamper with, or use non-public areas of the Services, Odyssey’s computer systems, or the technical delivery systems of Odyssey’s providers;
Attempt to probe, scan or test the vulnerability of any Odyssey system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Odyssey or any of Odyssey’s providers or any other third party (including another user) to protect the Services;
Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Odyssey or other generally available third-party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a Odyssey trademark, logo URL or product name without Odyssey’s express written consent;
Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble, reverse engineer, engage in any of the adversarial attacks, or otherwise attempt to derive or gain improper access to any of the software, components, models, algorithms or systems used to provide the Services;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
Odyssey is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content or Output, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
DMCA/Copyright Policy. Odyssey respects copyright law and expects its users to do the same. It is Odyssey’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Odyssey’s Copyright and IP Policy, for further information.
Links to Third Party Websites or Resources. The Services (including the App) may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.
Termination. We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at support@odyssey.ml. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 6, 7-3, 7-4, 7-6, 9, 12, 13, 14, 15, 16, 17 and 18.
Warranty Disclaimers.
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services.
Due to the nature of AI Systems, Output may not be unique and the Services may generate the same or similar output for you or a third party. THE SERVICES MAY IN SOME SITUATIONS PRODUCE OUTPUT THAT IS INACCURATE, INCORRECT, BIASED, OFFENSIVE OR OTHERWISE UNDESIRABLE. THE ACCURACY, QUALITY AND COMPLIANCE WITH APPLICABLE LAW OF THE OUTPUT IS DEPENDENT UPON AND COMMENSURATE WITH THAT OF THE INPUT PROVIDED AND YOUR COMPLIANCE WITH THESE TERMS, AND NOTWITHSTANDING ANYTHING ELSE SET OUT HEREIN, ODYSSEY WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OR DAMAGES RELATING TO OR ARISING FROM INPUT, OTHER USER CONTENT, OUTPUT OR THEIR USE. You will evaluate the content, nature and accuracy of any Output as appropriate for your applicable use, including by using human review of the Output. Please also note that Outputs are not created by Odyssey and do not reflect Odyssey’s views.
Indemnity. You will indemnify and hold Odyssey and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content or your Output, or (c) your violation of these Terms.
LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ODYSSEY NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ODYSSEY OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ODYSSEY’S TOTAL CUMULATIVE LIABILITY TO YOU ARISING FROM ALL CLAIMS UNDER OR RELATED TO THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ONE HUNDRED DOLLARS $100.00.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ODYSSEY AND YOU.
Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 17 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Odyssey are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and Odyssey each waive any objection to jurisdiction and venue in such courts.
Dispute Resolution.
Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “
Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Odyssey agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Odyssey are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
Exceptions. As limited exceptions to Section 17-1 above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
Injunctive and Declaratory Relief. Except as provided in Section 17-2 above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
Class Action Waiver. YOU AND Odyssey AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
Severability. With the exception of any of the provisions in Section 17-6 of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
General Terms.
Reservation of Rights. Odyssey and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Odyssey and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Odyssey and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Odyssey’s prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. Odyssey may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices. Any notices or other communications provided by Odyssey under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
Waiver of Rights. Odyssey’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Odyssey. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Contact Information. If you have any questions about these Terms or the Services, please contact Odyssey at support@odyssey.ml.
Copyright & Intellectual Property Policy
Notification of Copyright Infringement
Odyssey Systems, Inc. (“Odyssey”) respects the intellectual property rights of others and expects its users to do the same.
It is Odyssey’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website, Odyssey will respond expeditiously to claims of copyright infringement committed using the Odyssey website (the “Sites”) that are reported to Odyssey’s Designated Copyright Agent, identified in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Sites by completing the following DMCA Notice of Alleged Infringement and delivering it to Odyssey’s Designated Copyright Agent. Upon receipt of the Notice as described below, Odyssey will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Sites.
DMCA Notice of Alleged Infringement (“Notice”)
Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site(s) where such material may be found.
Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Odyssey’s Designated Copyright Agent: Odyssey Copyright Agent (support@odyssey.ml).
Counter Notices Practice Note
One who has posted material that allegedly infringes a copyright may send Odyssey a counter notice pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA. When Odyssey receives a counter notice, Odyssey will reinstate the material in question in not less than 10 and not more than 14 business days after Odyssey receives the counter notice unless Odyssey first receives notice from the copyright claimant that he/she has filed a legal action to restrain the allegedly infringing activity. To provide a counter notice to Odyssey, please return the following form to Odyssey’s Designated Copyright Agent. Please note that if you provide a counter notice, in accordance with the Odyssey Privacy Notice and the terms of the DMCA, the counter notice will be given to the copyright claimant.
Counter Notice
Identify the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
“I hereby state under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”
“I hereby state that I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if my address is outside of the United States, for any judicial district in which Odyssey may be found, and I will accept service of process from the complaining party who notified Odyssey of the alleged infringement or an agent of such person.”
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Odyssey’s Designated Copyright Agent: Odyssey Copyright Agent (support@odyssey.ml).
Notification of Trademark Infringement
If you believe that your trademark (the “Mark”) is being used on the Site by a user in a way that constitutes trademark infringement, please provide Odyssey’s Designated Copyright Agent (specified above) with the following information:
Your full legal name and your electronic or physical signature.
Information reasonably sufficient to permit Odyssey to contact you or your authorized agent, including a name, mailing address, telephone number and, if available, an email address.
Identification of the Mark(s) alleged to have been infringed, including (i) for registered Marks, a copy of each relevant federal trademark registration certificate or (ii) for common law or other Marks, evidence sufficient to establish your claimed rights in the Mark, including the nature of your use of the Mark, and the time period and geographic area in which the Mark has been used by you.
Information reasonably sufficient to permit Odyssey to identify the use being challenged.
Include both of the following statements in the body of the Notice:
“I hereby state that I have not authorized the challenged use, and I have a good faith belief that the challenged use is not authorized by law.”
“I hereby state under penalty of perjury that all of the information in the notification is accurate and that I am the owner of the Mark, or authorized to act on behalf of the owner of the Mark.”
Upon receipt of notice as described above, Odyssey will seek to confirm the existence of the Mark on the Sites, notify the registered user who posted the content including the Mark, and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the Mark from the Sites.
Notification of Other Intellectual Property (“IP”) Infringement
If you believe that some other IP right of yours is being infringed by a user, please provide Odyssey’s Designated Copyright Agent (specified above) with the following information:
Your full legal name and your electronic or physical signature.
Information reasonably sufficient to permit Odyssey to contact you or your authorized agent, including a name, mailing address, telephone number and, if available, an email address.
Identification of the IP alleged to have been infringed, including (i) a complete description or explanation of the nature of the IP, (ii) evidence that you own the IP in the relevant jurisdiction, including copies of relevant patents, registrations, certifications or other documentary evidence of your ownership, and (iii) a showing sufficient for Odyssey to determine without unreasonable effort that the IP has been infringed.
Information reasonably sufficient to permit Odyssey to identify the use being challenged.
Include both of the following statements in the body of the Notice:
“I hereby state that I have not authorized the challenged use, and I have a good faith belief that the challenged use is not authorized by law.”
“I hereby state under penalty of perjury that all of the information in the notification is accurate and that I am the owner of the IP, or authorized to act on behalf of the owner of the IP.”
Upon receipt of notice as described above, Odyssey will seek to confirm the existence of the IP on the Sites, notify the user who posted the content including the IP, and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the IP from the Sites.
API License Agreement
Last Updated: 2025-12-05
This API License Agreement (this "Agreement") is a binding contract between you ("you" or "your") and ODYSSEY SYSTEMS, INC. ("Company," "we," or "us"). This Agreement governs your access to and use of the prototype of Odyssey-2 application programming interface.
BY ACCESSING OR USING THE API, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT ACCESS OR USE THE API.
Definitions.
API means the prototype application programming interface for Odyssey-2, and any API Documentation or other API materials made available by Company on its website.
API Documentation means the API documentation described here from time to time.
API Key means the security key Company makes available for you to access the API.
Company Marks means Company's proprietary trademarks, trade names, branding, or logos made available for use in connection with the API pursuant to this Agreement.
Company Offering means Company’s software made available by Company as listed and described here, which may be hosted by Company or by third-party cloud providers.
Customer Data means Prompt Data and Output Data collectively.
Output Data means a streamed audiovisual output and any other content generated by the API in response to a prompt.
Prompt Data means any prompts, text, instructions, or other data submitted by you or your end users to or through the API.
Your Applications means any applications, tools, systems developed or used by you to interact with the API.
License Grants. Subject to and conditioned on your compliance with all terms and conditions set forth in this Agreement, we hereby grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license during the term of the Agreement to: (a) use the API solely for your internal business purposes in developing Your Applications that will communicate and interoperate with the Company Offering; and (b) display certain Company Marks in compliance with usage guidelines that we may specify from time to time solely in connection with the use of the API and the Applications and not in connection with the advertising, promotion, distribution, or sale of any other products or services. You acknowledge that there are no implied licenses granted under this Agreement. We reserve all rights that are not expressly granted. You may not use the API or any Company Mark for any other purpose without our prior written consent. You must obtain an API Key through the registration process available here to use and access the API. You may not share your API Key with any third party, must keep your API Key and all log-in information secure, and must use the API Key as your sole means of accessing the API. Your API Key may be revoked at any time by us.
Use Restrictions. Except as expressly authorized under this Agreement, you may not:
copy, modify, or create derivative works of the API, in whole or in part;
rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the API;
reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the API, in whole or in part;
remove any proprietary notices from the API;
use the API in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law;
combine or integrate the API with any software, technology, services, or materials not authorized by Company;
design or permit Your Applications to disable, override, or otherwise interfere with any Company-implemented communications to end users, consent screens, user settings, alerts, warning, or the like;
use the API in any of Your Applications to replicate or attempt to replace the user experience of the Company Offering;
attempt to cloak or conceal your identity or the identity of Your Applications when requesting authorization to use the API;
submit personal data to the API unless expressly permitted in writing by Company;
use the API or Output Data to train, develop, or improve any machine-learning or AI models without our prior written consent; or
use the API with any harmful, illegal, fraudulent, or inappropriate content.
You will comply with all terms and conditions of this Agreement, all applicable laws, rules, and regulations, and all guidelines, standards, and requirements that may be posted here from time to time. In addition, you will not use the API in connection with or to promote any products, services, or materials that constitute, promote, or are used primarily for the purpose of dealing in spyware, adware, or other malicious programs or code, counterfeit goods, items subject to U.S. embargo, unsolicited mass distribution of email ("spam"), multi-level marketing proposals, hate materials, hacking, surveillance, interception, or descrambling equipment, libelous, defamatory, obscene, pornographic, abusive, or otherwise offensive content, stolen products, and items used for theft, hazardous materials, or any illegal activities.
Your Applications. You agree to monitor the use of Your Applications for any activity that violates applicable laws, rules, and regulations or any terms and conditions of this Agreement, including any fraudulent, inappropriate, or potentially harmful behavior, and promptly restrict any offending users of Your Applications from further use of Your Applications. You agree to provide a resource for users of Your Applications to report abuse of Your Applications. As between you and us, you are responsible for all acts and omissions of your end users in connection with Your Application and their use of the API, if any. You agree that you are solely responsible for posting any privacy notices and obtaining any consents from your end users required under applicable laws, rules, and regulations for their use of Your Applications. All use by you of the Company Marks, if any, will comply with any usage guidelines that we may specify from time to time. You agree that your use of the Company Marks in connection with this Agreement will not create any right, title, or interest in or to the Company Marks in favor of you, and all goodwill associated with the use of the Company Marks will inure to the benefit of Company.
Customer Data Rights. As between the parties, Customer owns Customer Data. Customer hereby grants Company a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable license to use, reproduce, store, process, modify, analyze, and create derivative works from Customer Data for the following purposes:
providing, operating, maintaining, supporting, and securing the API and the Company Offering;
developing, training, testing, and improving Company’s machine-learning and artificial intelligence models and systems;
analytics, quality assurance, safety, monitoring, and performance evaluation; and
complying with applicable laws and enforcing this Agreement.
No Support; Updates. This Agreement does not entitle you to any support for the API. You acknowledge that we may update or modify the API from time to time and at our sole discretion (in each instance, an "Update"), and may require you to obtain and use the most recent version of the API. Updates may adversely affect how Your Applications communicate with the Company Offering. You are required to make any changes to the Applications that are required for integration as a result of such Update at your sole cost and expense. Your continued use of the API following an Update constitutes binding acceptance of the Update.
Pricing. You acknowledge and agree that any fee arrangement for access to and use of the API, including any free or discounted access, pricing, or promotional credits, is made in consideration of the mutual covenants set forth in this Agreement, including, without limitation, the disclaimers, exclusions, and limitations of liability set forth herein. We reserve the right to modify or introduce any fees at any time. We will provide notice of any fee changes and promotional credits (if any), which may be delivered through the API, through notifications or posts here, email or other written communication provided by us. If you do not agree to any fee changes, your sole remedy is to stop using the API.
Collection and Use of Your Information. We may collect certain information through the API or the Company Offering about you or any of your employees, contractors, or agents. By accessing, using, and providing information to or through the API or the Company Offering, you consent to all actions taken by us with respect to your information in compliance with the then-current version of our privacy policy and data protection requirements, available here.
Intellectual Property Ownership; Feedback. You acknowledge that, as between you and us, (a) we own all right, title, and interest, including all intellectual property rights, in and to the API, the Company Offering, and the Company Marks and (b) you own all right, title, and interest, including all intellectual property rights, in and to Your Applications, excluding the aforementioned rights in Section 8(a). You will use commercially reasonable efforts to safeguard the API and Company Marks (including all copies thereof) from infringement, misappropriation, theft, misuse, or unauthorized access. You will promptly notify us if you become aware of any infringement of any intellectual property rights in the API and Company Marks and will fully cooperate with us, in any legal action taken by us to enforce our intellectual property rights. If you or any of your employees, contractors, and agents sends or transmits any communications or materials to us by mail, email, telephone, or otherwise, suggesting or recommending changes to the API, the Company Offering, or the Company Marks, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like ("Feedback"), all such Feedback is and will be treated as non-confidential. You hereby assign to us on your behalf, and on behalf of your employees, contractors, and agents, all right, title, and interest in, and we are free to use, without any attribution or compensation to you or any third party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although we are not required to use any Feedback.
Disclaimer of Warranties. THE API AND COMPANY MARKS ARE PROVIDED "AS IS" AND COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. COMPANY MAKES NO WARRANTY OF ANY KIND THAT THE API OR COMPANY MARKS, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY OF YOUR OR ANY THIRD PARTY'S SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to (a) your use or misuse of the API or Company Marks, (b) your breach of this Agreement, and (c) Your Applications, including any end user's use thereof. In the event we seek indemnification or defense from you under this provision, we will promptly notify you in writing of the claim(s) brought against us for which we seek indemnification or defense. We reserve the right, at our option and in our sole discretion, to assume full control of the defense of claims with legal counsel of our choice. You may not enter into any third-party agreement that would, in any manner whatsoever, constitute an admission of fault by us or bind us in any manner, without our prior written consent. In the event we assume control of the defense of such claim, we will not settle any such claim requiring payment from you without your prior written approval.
Limitations of Liability. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR (a) ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE API; OR (b) ANY DAMAGES, IN THE AGGREGATE, IN EXCESS OF FIFTY DOLLARS EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE BROUGHT WITHIN 90 DAYS AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM.
Term and Termination. The term of this Agreement commences when you access the API and will continue in effect until terminated as set forth in this Section. We may immediately terminate or suspend this Agreement, any rights granted herein, and/or your licenses under this Agreement, in our sole discretion at any time and for any reason, by providing notice to you or revoking access to the API and Company Marks. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. You may terminate this Agreement at any time by ceasing your access to and use of the API and Company Marks. Upon termination of this Agreement for any reason all licenses and rights granted to you under this Agreement will also terminate and you must cease using, destroy, and permanently erase from all devices and systems you directly or indirectly control all copies of the API and Company Marks. Any terms that by their nature are intended to continue beyond the termination or expiration of this Agreement will survive termination. Termination will not limit any of Company's rights or remedies at law or in equity.
Export Regulation. The API may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You will not, directly or indirectly, export, re-export, or release the API to, or make the API accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You will comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the API available outside the US.
US Government Rights. The API is a "commercial product" as that term is defined at 48 C.F.R. § 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. § 12.212. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the API as are granted to all other end users under license, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other US Government licensees and their contractors.
Modifications. You acknowledge and agree that we have the right, in our sole discretion, to modify this Agreement from time to time. You will be notified of modifications through the API, notifications or posts here and/or direct email communication from us. You will be responsible for reviewing and becoming familiar with any such modifications.
Governing Law and Jurisdiction. This agreement is governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice of conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Delaware.
Arbitration. At our sole discretion, we may require you to submit any disputes arising under this Agreement, including disputes arising from or concerning its interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.
This Agreement governs and controls in the event of any conflict between the terms of this Agreement and any terms and policies published here.
Miscellaneous. This Agreement constitutes the entire agreement and understanding between the parties hereto with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. Any notices to us must be sent to our corporate headquarters address (2365 Homewood Drive, San Jose, CA 95128, United States) and must be delivered either in person, by certified or registered mail, return receipt requested and postage prepaid, or by recognized overnight courier service, and are deemed given upon receipt by us. Notwithstanding the foregoing, you hereby consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information, and other information concerning or related to the API. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. The invalidity, illegality, or unenforceability of any provision herein does not affect any other provision herein or the validity, legality, or enforceability of such provision in any other jurisdiction. Any failure to act by us with respect to a breach of this Agreement by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches. This Agreement is personal to you and may not be assigned or transferred for any reason whatsoever without our prior written consent and any action or conduct in violation of the foregoing will be void and without effect. We expressly reserve the right to assign this Agreement and to delegate any of its obligations hereunder.