Sakana Fugu Terms of Service

Effective: June 12, 2026.

Sakana AI Co., Ltd. (“Company”) has established these Terms of Service (“Terms”) to govern use of the generative AI orchestration service provided by the Company (“Service”). These Terms constitute an agreement between the Company and the user, as well as any organization, company, or other entity that the user represents or on whose behalf the user acts (collectively, “You”). All references to “You” in these Terms apply to the user and to any organization, company, or other entity that the user represents or on whose behalf the user acts. If You use the Service, You (and any persons or entities for whom or on whose behalf you use the Service) are deemed to have agreed to these Terms and to have entered into an agreement concerning use of the Service (“Agreement”) that incorporates these Terms, and You (including all relevant persons or entities) acknowledge that each and all of You have read and understood our Privacy Policy, available at /privacy-policy. You must use the Service in accordance with these Terms, and You may not use the Service unless You agree to these Terms.

Nature and Scope of the Service

The Service is an API-based AI orchestration service that uses machine learning models to transform Your Input (as defined in Retention and Deletion of Contents below), dynamically routes Your Input to one or more external machine learning models (e.g., OpenAI, Anthropic, Google) (“External LLMs”), and controls, selects, and coordinates those External LLMs, sequentially or in parallel, to generate output, such as text, information, and suggestions (“Output”).

The Service and Output are not guaranteed in any respect, including with regard to accuracy, completeness, timeliness, consistency, fitness for a particular purpose, and/or compliance with any law, regulation, ordinance, rule, standard, guideline, or other requirement, whether or not legally binding. Output may vary in style, quality, and accuracy based on the External LLM(s) used. The Company does not control any of those third‑party models and disclaims responsibility for the resulting Output.

The Service is not intended to provide professional advice, including without limitation legal, medical, investment, or tax advice. Please consult a qualified professional or verify primary sources as needed.

The Service is provided for users in countries or regions other than the European Economic Area, the UK, and Switzerland (“Supported Regions”). The Company does not, and does not intend to, provide or market the Service to countries or regions outside the Supported Regions. The Company may use technical means, including without limitation IP address controls, to restrict access to the Service from countries or regions outside the Supported Regions.

Applicability of These Terms and Minimum Age of Users

These Terms apply to all relationships between You and the Company relating to use of the Service. If the Company establishes any separate, additional, or amended rules, guidelines, documentation, or similar materials governing or relating to the Service, they will be, and be treated as, part of these Terms.

You must be at least 18 years old to use the Service.

Access Management

You are responsible for proper management of the ID, password, and other authentication methods designated by the Company for use of the Service (“Credentials”), at Your own risk. You may not disclose, lend, share, or transfer Your Credentials to any third party.

Any use of the Service via Your Credentials will be deemed use by You.

If You become aware of, or suspect, any leak, theft, or unauthorized use of Your Credentials, You must notify the Company promptly. Even if You or a third party suffer(s) damages due to leaks, theft, or unauthorized use of Credentials, the Company will not be liable to You or to any third party, except in cases involving the willful misconduct or gross negligence of the Company.

Retention and Deletion of Contents

The Company is not obligated to retain or store any text, files, instructions (prompts), or other data that You input into the Service (“Input”) or Output generated by the Service (Input and Output, collectively, “Content”) on Your behalf.

You are responsible for backing up all Content, at Your own risk and responsibility.

The Company may delete part or all of any Content, with or without prior notice to You, for technical or operational reasons relating to the Service, to ensure compliance with applicable laws, or for security reasons.

If all or any part of the Service is terminated, suspended, or deleted, or if an account is deleted, the Company may (but is not obligated to) delete Content in connection therewith or in relation thereto, and the Company will not be responsible for any disadvantages or inconvenience You or any third party may incur as a result. To the extent permitted by applicable law, You also agree, in advance, that the Company is not obligated to delete information like the weights of models trained based on Content, temporary caches of external vendors, or audit logs.

Prohibited Conduct

You must not, and agree that You will not, engage in any of the following acts when using the Service or Content:

Any act that violates applicable law or public order and morals;
Any act that infringes the rights or interests of the Company or any third party (including without limitation copyrights, trademark rights, privacy rights, and reputational rights);
Any act that involves inputting personal information about You or any third party;
Any act that may cause the Company to be or become subject to additional legal obligations, including obligations under privacy laws. For the avoidance of doubt, You should not submit health, financial, or other information considered sensitive under applicable laws;
Any act that involves inputting, collecting, inferring, or disclosing, without authority, another person's confidential information, trade secrets, or information in which a third party holds Intellectual Property Rights (as defined in Intellectual Property Rights below) or other rights, including without limitation “doxxing;”
Any act that involves publishing, distributing, or disseminating Output without reviewing its content and independently confirming its accuracy;
Any act that involves using Output in a manner that intentionally conceals that the Output was generated by AI and/or misleads a third party;
Any act that involves impersonation, fraud, spam, or use for the purpose of deceiving a third party;
Any act that involves analyzing, reverse engineering, disassembling, decompiling, reproducing, obtaining source code, extracting data, probing for vulnerabilities, or attempting any of the foregoing with respect to the Service, the mechanisms of the Service, machine learning models, the UI, and other components of the Service (collectively, “Service Configuration”), or External LLMs;
Any act that involves generating, training, fine-tuning, or otherwise developing a new machine learning model using the Service or Contents (including distillation and extraction);
Any act that places an excessive load on the Service or External LLMs, any unauthorized access to the Service or External LLMs, or any interference with the operation of the Service or External LLMs (including bypassing protective measures, safety measures, or use restrictions);
Any act that involves using the Service for purposes of providing professional advice that requires qualifications, licenses, or permits, where a properly qualified or licensed person is not involved in an appropriate manner;
Any act that violates these Terms or any other rules or guidelines separately established by the Company, or that attempts to circumvent any restrictions contained therein;
Any act that involves using the Service for purposes of developing or providing a product or service that competes with the Service (e.g., AI orchestration and routing across multiple models) or the External LLMs; or
Any act prohibited by Usage Policy /usage-policy and/or any other terms of service and/or use policies separately established by the Company, or any other act that may interfere with the Company’s provision of the Service.

The Company may suspend or restrict provision of the Service, terminate any Agreement(s) with You, or take any other necessary measures, without prior notice, if the Company reasonably determines that You have violated, or are likely to violate, any of the foregoing provisions or restrictions.

Handling of Input (Including Prompts) and Output

Use of Content (Including Training Use). The Company may use and handle Content for the following purposes:

Providing, maintaining, and operating the Company's services, including the Service;
Training AI models developed and operated by the Company that underlie the Company's services, including the Service;
Evaluation and analysis for the purpose of improving quality, developing features, and marketing the Company's services, including the Service;
Preventing unauthorized use, ensuring security, and investigating uses; and
Complying with applicable law and enforcing terms and policies.

The Company uses Content for machine learning model training, improvement, and other information analysis (including retraining and fine-tuning) (“Training Use”).

The Company, at its sole discretion, may entrust the handling of Content to contractors, to the extent necessary to achieve the purposes set forth in the preceding paragraphs.

As part of our efforts to enhance the quality, performance, and safety of the Service, we may use human reviewers to annotate and process Content submitted to or processed through the Service. When we do so, it may not be possible to fully limit review of any personal or confidential information in Content through filtering or other privacy enhancing technologies.

Opt-Out (Suspension of Training Use).

You may request that the Company stop using Your Content for Training Use for AI models developed and operated by the Company via the method set out on the screen through which the Company provides the Service (“opt out”).

Even if You opt out of these optional training uses, Content still may be used for other purposes, for example, to provide you with the Service, to comply with applicable law, and to ensure security. Your choice to opt out may result in partial or complete limitation of the Service's ability to process data or improve in accordance with Your intentions.

When Content already has been used for Training Use, including for training or improvement purposes, the effects of those uses may not be reversible retroactively, for technical or operational reasons, even if You later opt out.

Rights, Responsibilities, and Compliance Requirements.

You represent and warrant to the Company that You have the lawful right and authority to enter or provide all Input that you input to the Service, and that Your Input does not infringe the rights or interests of any third party (including without limitation copyrights, trademark rights, privacy rights, and reputational rights).

As between the Company and You, to the extent permitted by applicable law, You retain all right, title, and interest in and to Your Content.

You grant the Company, to the extent necessary to achieve the purposes set forth in Use of Content (Including Training Use) above, a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable, and transferable license to all of Your Content.

You will not exercise, and will cause all relevant rights holders not to exercise, moral rights (including without limitation authors' moral rights) in or relating to any Content against the Company or any person that succeeds to or is licensed relevant rights by the Company.

The Company grants You permission to use the Service to the extent necessary for provision of the Service. You must not engage in any act that infringes the rights or interests of the Company or any third party with respect to Service Configuration.

Because Output may include false, incomplete, misleading, or outdated information, You must independently verify the accuracy of Output before using it, and You agree that all use of Output is done at Your own judgment and responsibility.

Intellectual Property Rights

All rights prescribed by law with respect to patents, utility models, designs, copyrights (including without limitation (i) the right to adapt, translate, arrange, or otherwise create derivative works, and (ii) the exclusive right to exploit and authorize the exploitation of derivative works based on those works, including as provided in Articles 27 and 28 of the Copyright Act of Japan), trademarks, and other intellectual property, as well as the rights to obtain patents, utility model registrations, design registrations, trademark registrations, and other rights to establish intellectual property rights (collectively, “Intellectual Property Rights”) in the Service and the Service Configuration belong exclusively to the Company and to relevant third parties from whom the Company has obtained use rights or licenses, and You will not dispute the ownership or validity thereof.

Notwithstanding the Rights, Responsibilities, and Compliance Requirements set forth above, the use of, or license to use, the Service and the Service Configuration does not mean You have, or that You have been granted, any rights or license(s) to use any Intellectual Property Rights of the Company or any third party from whom the Company has obtained use rights licenses with respect to the Service and/or Service Configuration, beyond the limited extent necessary to use the Service.

Payment

Credits. To use the Service, You must purchase credits that may be used within the Service (“Credits”) in accordance with /pricing.

The Company may change the price of Credits at any time, at its sole discretion. Any price changes will apply to purchases of Credits made after the Company gives notice of the updated pricing in accordance with /pricing.

Credits will expire six months after the date of purchase, and any unused Credits will be forfeited automatically upon expiration. The Company does not give refunds or other credit for expired Credits, except if, and to the limited extent, required to do so by applicable law.

Payment Method. Payments for the purchase of Credits are processed through third-party payment service providers designated by the Company (“Payment Processors”). The Company does not process payments itself and does not collect or store Your credit card information or other payment information.

The Company is not, and will not be, liable for any failures, delays, errors, or other issues arising from or in connection with payment processing performed by Payment Processors.

No Redemption, Refunds, or Transfers. Credits do not constitute legal tender, stored value, or any currency equivalent. Except to the limited extent required by applicable law, Credits are non-refundable, not redeemable for cash or monetary value, and may not be exchanged.

Credits may be used only by or in connection with the account to which they are issued, and may not be transferred, sold, gifted, assigned, or otherwise conveyed to, or used by, any third party.

Changes to, Suspension of, or Termination of the Service, and Termination of the Agreement

Changes to, Suspension of, or Termination of the Service; Service Availability. In addition to the situations set forth in Prohibited Conduct above, the Company may change the content of the Service, or suspend or terminate provision of the Service, if required to do so by applicable law or if there is an urgent safety or security need, as determined by the Company at its sole discretion.

When possible, the Company will endeavor to provide advance notice when changing the content of the Service or suspending or terminating provision of the Service, but this will not apply in emergencies or in other situations in which the provision of advance notice is not actually or reasonably possible.

The Service may experience maintenance, outages, capacity limitations, or degraded performance, including due to External LLMs and third‑party systems. The Company makes no guarantees regarding availability, uptime, or response times.

Termination of the Agreement by You or the Company. You may terminate this Agreement and close your account at any time by following the account closure process provided within the Service. The Company may terminate the Agreement or suspend Your access to the Service at any time, for any reason or no reason, upon 15 days' prior written notice. The Company also may terminate the Agreement without prior notice if any of the following occurs or applies to You:

You violate the Prohibited Conduct section or any other provision of the Agreement or these Terms, and the violation is not cured within 15 days after notice is provided to You;
A petition is filed against or concerning You by a third party for attachment, provisional attachment, auction, bankruptcy, special liquidation, civil rehabilitation, or corporate reorganization, or You file a petition for bankruptcy, civil rehabilitation, specified conciliation, special liquidation, corporate reorganization, or any similar proceeding, or any similar proceeding is initiated with regard to You;
You suspend payments, including where a bill or check drawn or accepted by You is dishonored;
You become delinquent in the payment of taxes or public charges and receive a demand for payment, or You become subject to a preservation disposition for tax claims; or
You pass a resolution to dissolve, reduce capital, discontinue business, transfer all or a material part of Your business, merge, or are acquired by another person or entity.

If the Agreement is terminated, any rights granted by the Company to You will cease and terminate immediately and automatically at the time of termination. Even after termination of the Agreement, this section and the provisions listed below will remain in full force and effect between You and the Company, provided that if any individual provision establishes or specifies a fixed period, the relevant provision will remain effective only for the specified period:

Retention and Deletion of Content
Use of Content (Including Training Use)
Rights, Responsibilities, and Compliance Requirements
Intellectual Property Rights
Payment
Disclaimers and Limitation of Liability
Confidentiality
Governing Law and Dispute Resolution (Users in Japan)
Governing Law and Dispute Resolution (Users outside Japan)

Disclaimers and Limitation of Liability

Disclaimers (No Warranties). The Company provides the Service on an “as is,” and “with all faults” basis. The Company makes no warranties, express or implied, regarding any matter, including without limitation:

that the Service or Output is fit for a particular purpose;
that the Service or Output complies with applicable law;
that Output is accurate, consistent, complete, up to date, or useful;
that Output does not include inappropriate, biased, erroneous, or false expressions; or
that the Service will be provided without interruption or error.

You must make Your own decisions and take all actions relating to use of the Service and Output at Your own, sole responsibility. You are and agree to be solely responsible for all acts relating to Your use or misuse of the Service and the results thereof.

Company makes no representations or warranties of any kind, express or implied, with respect to the Service, including without limitation warranties of merchantability, title, non-infringement, or fitness for a particular purpose, which are disclaimed to the maximum extent permitted by applicable law. Company does not represent or warrant that the use of the Service will be uninterrupted or error-free.

Limitation of Liability. The Company is not and will not be liable for any damages incurred by You arising from or in connection with the use or inability to use the Service, the use of Output, the loss or deletion of Input or other Content, or disputes with third parties, except in situations involving the Company’s own willful misconduct or gross negligence.

Notwithstanding the foregoing, even if applicable law permits the Company to be held liable, the Company's liability will be limited to direct, ordinary damages actually incurred by You, except in situations involving the Company’s own willful misconduct or gross negligence. The Company is not and will not be liable for lost profits, indirect damages, special damages, consequential damages, incidental damages, punitive damages, or similar damages in any circumstances. If the Company is negligent, but not grossly negligent, the amount of damages will be capped at the amount paid by You to the Company in connection with Your use of the Service during the six (6) month period immediately preceding the event giving rise to the damages.

The Company will not be liable for any damages caused by a violation of these Terms or by causes not attributable to the Company (including without limitation wars, riots, rebellions, terrorism, natural disasters, power outages, telecommunications failures, failures of services provided by third parties, enactment, amendment, or repeal of laws and regulations, infectious diseases, epidemics, or pandemics, and orders of public authorities or government agencies).

The disclaimers, exclusions and limitations set forth in this Section shall not apply (i) to either party’s liability arising from infringement or misappropriation of the other party’s intellectual property rights or (ii) to the extent prohibited by applicable law.

Third-Party Services

If the Service includes third-party services (including APIs and other functions), each and all of those third‑party services will be governed solely by the applicable terms of the relevant third‑party provider, as presented to You. You agree to use those services at your own risk, and the Company is not responsible for any third‑party services or their terms.

Indemnification. You must protect, indemnify, and hold harmless the Company and the Company's officers, employees, affiliates, and business partners (collectively, “Company Parties”) from and against all damages (including costs and attorney fees) suffered as a result of any of the following, at Your own cost and responsibility:

If a third party makes any claim or demand against the Company or any Company Parties on the grounds that You infringed the rights or interests of that third party or otherwise caused harm due to, through, or in connection with Your use of the Service; and/or
If Your violation of the Agreement or these Terms, regardless of the materiality thereof, causes damage to the Company.

If any of the items in the preceding paragraph applies, You must provide all information necessary for the Company's defense of any claims or mitigation of damages, at the Company's request and at Your own, sole cost and responsibility.

Confidentiality

“Confidential Information” means and includes all business, technical, and other information about, belonging to, or licensed to the Company that You learn of or about in connection with Your use of the Service, along with any other information that reasonably should be considered confidential under social norms (including without limitation all information relating to the Service). However, information that falls within any of the following categories will not constitute Confidential Information:

Information already possessed by You at the time of disclosure;
Information independently generated by You without relying on Confidential Information;
Information that is public knowledge at the time of disclosure;
Information that becomes public after disclosure due to reasons not attributable to or caused by Your fault or wrongful actions; or
Information disclosed by a third party with lawful authority to make the disclosure and without a duty of confidentiality.

Notwithstanding the foregoing, the Company will handle Content provided by You in accordance with the Company’s Privacy Policy, as updated from time to time and available at /privacy-policy.

You must manage and treat all, and all parts of, Confidential Information as confidential and, unless the Company gives prior written consent to the contrary, You have the following obligations:

Not to disclose or leak Confidential Information to any third party; and
Not use Confidential Information for any purpose other than exercising Your rights or performing Your obligations under the Agreement and these Terms.

You must manage Confidential Information in accordance with the following:

Keep and manage Confidential Information separate(ly) from other information;
Take reasonable physical measures that make it difficult to access media provided by the Company that contains Confidential Information or on which Confidential Information is recorded (including without limitation copies thereof), for example, by keeping them locked up, in order to preserve confidentiality;
Take reasonable measures to preserve and maintain the confidentiality of Confidential Information under Your control, for example, by setting passwords, using encryption, and establishing access restrictions; and
If any leak of Confidential Information occurs or is likely to occur, You must notify the Company immediately.

Upon termination of the Agreement, or whenever requested by the Company, and unless otherwise provided in these Terms or unless doing so would violate applicable law, You have the following obligations, and You agree that the Company may request that You submit documentation proving that You have performed the relevant obligations as required:

In accordance with the Company's instructions, return or destroy media provided by the Company on which Confidential Information is recorded (including copies thereof); and/or
Delete Confidential Information in or under Your control.

The obligations set forth in this Section will survive for three 3 years after termination of the Agreement.

Changes to these Terms

The Company may change these Terms as necessary, at the Company’s discretion. However, if these Terms are subject to Articles 548-2 et seq. of the Civil Code of Japan, any changes will comply with Article 548-4 of the Civil Code.

When changing these Terms pursuant to the preceding paragraph, the Company will provide notice or otherwise inform You of all of the following:

That these Terms will be changed.
The content of the revised Terms; and
The effective date of the changes.

If the changes to these Terms do not conform to Your general interests, the Company will provide You with notice or otherwise inform You of the matters listed in each item of the preceding paragraph before the effective date set forth in item (3) above.

You will be deemed to have agreed to the revised Terms if:

You use the Service on or after the effective date set forth in item (3) of paragraph 2 above; and/or
The Company allows You to terminate the Agreement by specifying a cancellation period, and You do not terminate the Agreement within that period.

No Assignment of Status, Rights, or Obligations

You may not assign, transfer, succeed to, create a security interest in, or otherwise dispose of, Your status under the Agreement, or any rights or obligations under these Terms, in whole or in part (collectively, “Rights Transfer”), without the prior written consent of the Company.

If the Company assigns or otherwise transfers the Service or the business relating to the Service to a third party, the Company also may assign or otherwise transfer its status and its rights and obligations under these Terms and the Agreement, as well as part or all of Your Content, to that third party. You hereby agree in advance to any Rights Transfer(s) by the Company in connection with the transactions described in this paragraph.

Governing Law and Dispute Resolution (Users in Japan)

Other than as provided below with respect to users located outside of Japan, the following terms and conditions apply:

Governing Law.

These Terms are governed by and will be construed in accordance with the laws of Japan, without reference to conflicts of law principles. The Japanese version of these Terms shall take precedence over the English version.

Exclusive Jurisdiction. The Tokyo District Court will have exclusive jurisdiction, whether by way of litigation or any other dispute resolution method, over any controversy, claim, or dispute arising out of or in connection with the Service, the Agreement, or these Terms.

Governing Law and Dispute Resolution (Users outside Japan)

With respect to users located outside of Japan, the following terms and conditions apply:

Governing Law. These Terms are governed by the laws of the State of California (United States of America) without reference to conflicts of law principles. The English language version of these Terms shall take precedence over the Japanese version.

Arbitration.

Arbitration Agreement. You and the Company agree that any controversy, claim, or dispute arising out of or in connection with the Service, the Agreement, or these Terms (collectively, “Disputes”) will be resolved exclusively by final and binding arbitration on an individual basis.
Class and Jury Trial Waivers. You and the Company expressly waive all rights to a jury trial and all rights to participate in any class, collective, or representative action or proceeding. Disputes shall be brought only on an individual basis, and the arbitrator shall have no authority to combine multiple parties’ claims or preside over any class, collective, or representative action or proceeding. If this paragraph is found unenforceable, the entire Arbitration section will be void. Otherwise, the Arbitration section will survive termination of these Terms.
Rules of Arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with its then-applicable rules, as modified by this section. The U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision.
Seat and Venue. The seat of arbitration shall be Los Angeles, California. Unless otherwise agreed, the arbitration will take place by videoconference if possible. If the arbitrator determines that an in-person hearing is appropriate, the venue for the arbitration will be held in the county in which You reside.
Arbitration Procedure. For claims not exceeding $10,000, the arbitration will be conducted based on written submissions alone, unless a hearing is requested or deemed necessary by the arbitrator. For claims exceeding $10,000, hearing rights will be determined pursuant to applicable AAA rules.
Number and Qualifications of Arbitrators. All Disputes shall be resolved by a single arbitrator. The arbitrator shall be a licensed attorney or retired judge with experience in the subject matter of the Dispute and shall be selected in accordance with the applicable AAA rules.
Confidentiality. The parties agree that the arbitration proceedings, including any filings, evidence, testimony, and the arbitral award, shall be kept confidential and shall not be disclosed to any third party, except (i) as may be necessary to enforce the arbitral award or to exercise any legal rights, (ii) as required by applicable law, regulation, or court order, or (iii) with the prior written consent of all parties.
Award. Judgment on the award may be entered in any court of competent jurisdiction. Any award of damages must be consistent with the limitations set forth elsewhere in these Terms. The arbitrator may award injunctive or declaratory relief only to the extent necessary to resolve the relevant Dispute. If You prevail, You may recover attorneys’ fees and costs to the extent permitted by applicable law. If the Company prevails, it will not seek to recover attorneys’ fees or costs.
Fees. The allocation of arbitration fees will be governed by the AAA rules. However, for claims not exceeding $50,000, the Company will bear all filing, administrative, and arbitrator fees unless the arbitrator determines that the claim is frivolous or brought for an improper purpose.
Amendments to This Section. If the Company modifies this Dispute Resolution section after you first accept these Terms, you may reject the modification by providing written notice within 30 days after the modification becomes effective. In that case, any Disputes will be resolved in accordance with the version of this section in effect at the time you accepted the Terms.

Feedback and Inquiries

If you believe that any Output from the Service may involve copyright infringement, inappropriate expressions, factual inaccuracies, or any other issues, or if you have any opinions or feedback regarding the Service generally, please contact us using the following information:

Contact form: Contact Us

To the extent you provide any feedback, suggestions, enhancement requests, recommendations, corrections, or other feedback (collectively, “Feedback”) relating to the Service or offerings, the Company may use and incorporate that Feedback into its products and services. The Company will not use Feedback in any manner that identifies, or could reasonably be used to identify, You or Your Confidential Information. Based on communications it receives, the Company may review the relevant content, take corrective action, or improve the Service, as necessary. However, the Company does not promise an individual response or action with respect to every communication.

General Provisions

Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that invalidity shall not affect the validity of the remaining provisions, which shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties’ original intent.

No Waiver. The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of the relevant right or provision. Any waiver of any provision of these Terms will be effective only if made in writing and signed by the Company.

Trade and Export Compliance. You agree to comply with all applicable trade laws, including export control and economic sanctions regulations. You may not use, access, export, re-export, or otherwise make the Services available, directly or indirectly, to (i) any country or territory subject to U.S. embargoes, or (ii) any person or entity subject to trade restrictions, including those identified on applicable sanctions or restricted party lists such as the U.S. Treasury’s Specially Designated Nationals list or the U.S. Department of Commerce Denied Persons or Entity Lists. You may not use the Services for any prohibited end use under applicable trade laws, and You must not submit any content or information that is subject to export restrictions or requires a government authorization for disclosure or transfer. You represent and warrant that neither You nor any person accessing or using the Services on Your behalf or through Your account is located in any such restricted jurisdiction or is designated on any such list.

Entire Agreement. These Terms, together with the Usage Policy, the Privacy Policy, and any other policies or guidelines incorporated by reference, constitute the entire agreement between You and the Company with respect to the Service and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written, with respect to the subject matter hereof.