Platform Terms of Service

Effective: July 30, 2026

These Platform Terms of Service ("Platform Terms") are provided by Hovercast Inc. ("Hovercast," "We," "Us," or "Our"). Hovercast operates a live event streaming platform that enables Organizations to create, manage, and broadcast events to Speakers and Viewers.

These Platform Terms apply to you if you are an Organization (as defined below) accessing or using the Services in any capacity, including as an Account holder, Admin, Manager, Member, or Operator. If you are a Viewer or Speaker attending or contributing to a Hovercast event who is not acting as an Organization or Operator, please see the Hovercast Viewer Terms of Service. Those terms do not apply here.

By (1) completing an Order Form, (2) clicking a button or taking another action indicating acceptance of these Platform Terms, or (3) accessing or using the Services, you agree to be bound by these Platform Terms and any policies or Order Forms incorporated by reference (collectively, the "Agreement").

Definitions

The following capitalized terms have the meanings set out below. Additional capitalized terms may be defined elsewhere in this Agreement.

"Account" means a unique Organization account created by You to access and use the Services.

"Admin" means an individual designated by the Organization with full access to the Account, including creating and managing Events, managing user roles and permissions, and accessing billing settings.

"Agreement" means these Platform Terms, together with any Order Form and any policies incorporated by reference, including the Privacy Policy and any Community Guidelines.

"Event" means a live or recorded audio-visual broadcast created and managed through the Platform.

"Event Content" means all materials and content transmitted through or stored on the Platform in connection with an Event, including audio-visual streams, chat messages, Q&A submissions, Speaker contributions, reactions, and other Participant-generated materials, but excluding any intellectual property owned by Hovercast or its licensors.

"Manager" means an individual designated by the Organization with access to create and manage Events and view event-level reporting, but without access to billing or Account-level administrative settings.

"Member" means an individual designated by the Organization with limited or read-only access to the Platform as configured by the Admin.

"Operator" means the individual who sets up and runs a specific Event, manages Speakers and the event room, and controls the live broadcast.

"Order Form" means the purchasing page, order confirmation, or sales order through which an Organization selects a Subscription Plan and accepts these Platform Terms. The Order Form is driven by and consistent with Hovercast's then-current pricing page.

"Organization" means any individual or legal entity — including a sole proprietor, corporation, limited liability company, campaign committee, political action committee, nonprofit organization, unincorporated association, or agency — that creates a Hovercast Account, accepts these Platform Terms, and is responsible for all activity under that Account. Where an Organization operates the Services on behalf of a third party, the Organization remains solely responsible to Hovercast for all such activity.

"Participant" means any individual who attends or contributes to an Event, including Operators, Speakers, and Viewers.

"Party" means individually, either You or Hovercast; "Parties" means collectively both You and Hovercast.

"Platform" means the cloud-based software, infrastructure, APIs, documentation, and services provided by Hovercast for creating, managing, and broadcasting Events, hosted on Google Cloud Platform (us-central1) with video delivery via Cloudflare Stream.

"Speaker" means an invited or promoted participant who has been granted access to the Speaker room and may be brought onscreen during an Event.

"Subscription Fee" means the recurring fee payable for a Subscription Plan, as set forth in the applicable Order Form.

"Subscription Period" means the term of a Subscription Plan, as specified in the Order Form.

"Subscription Plan" means a subscription tier for accessing the Services, as specified in the Order Form.

"Taxes" means any sales, use, value-added, or similar governmental taxes or levies applicable to the Services or fees under this Agreement.

"Viewer" means an audience member watching and participating in the public event page of an Event.

1. Eligibility

1.1 Age.

THE SERVICES ARE NOT AVAILABLE TO INDIVIDUALS UNDER THE AGE OF 18. YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE.

YOU MAY NOT ORDER, ACCESS, OR USE THE SERVICES IF YOU (A) DO NOT AGREE TO THIS AGREEMENT, (B) ARE UNDER THE AGE OF 18, OR (C) ARE PROHIBITED BY LAW FROM USING OR ACCESSING THE SERVICES.

1.2 Geographic Scope.

The Services are available for use within the United States only. You represent and warrant that you are located in the United States and are not subject to any U.S. Government embargo, and are not listed on any U.S. Government list of prohibited or restricted parties. Use of the Services outside the United States is not authorized.

1.3 Account.

You must create an Account to use the Services. You represent that all information you provide when creating or updating your Account is accurate and complete, and you agree to keep it current. You are solely responsible for maintaining the security and confidentiality of your Account credentials and for all activity that occurs under your Account. You must notify Us promptly if you discover or suspect unauthorized access to your Account. You may not share Account credentials, sell, rent, transfer, or assign your Account without Our prior written consent.

1.4 Organizations and Legal Entities.

If you are using the Services on behalf of a legal entity: (i) you agree to this Agreement on behalf of yourself and that entity; (ii) you represent and warrant that you have authority to bind that entity to this Agreement; and (iii) all references to "You" throughout this Agreement (other than this sentence) refer to that entity.

2. Services

2.1 Services Grant.

Subject to your compliance with this Agreement, We grant you a non-exclusive, non-transferable, non-sublicensable, limited, and revocable right to access and use the Services during the applicable Subscription Period. You may not make the Services available to third parties without Our prior written consent.

2.2 Third-Party Integrations.

The Services integrate with or link to certain third-party platforms and services, which are governed by their own terms and privacy policies. Hovercast is not responsible for the availability, conduct, or content of any third-party service. By enabling a third-party integration, you authorize Us to exchange Account or Event data as necessary to support that integration. Current third-party integrations include:

YouTube (live streaming): By using the Services with YouTube, you agree to be bound by YouTube's Terms of Service, available at https://www.youtube.com/t/terms. Access to YouTube through the Services is conditioned on your compliance with YouTube's Terms of Service.

Cloudflare Stream: Video infrastructure for encoding, storage, and delivery of Event streams.

Amazon IVS (Interactive Video Service): Ultra-low latency video player embedded on Hovercast event pages. Amazon IVS powers the low-latency streaming experience for Viewers attending events. Amazon's terms and privacy policy govern their handling of stream and player data.

Stripe: Payment processing for Subscription Fees. Stripe is used for billing Organizations only. Hovercast does not process donations through Stripe.

Resend: Transactional email delivery for account and event notifications.

ActBlue and GoodChange: Donation platforms for political and charitable customers respectively. These integrations operate via link-out only. See Section 7 for details.

Google Analytics, PostHog: Product analytics used internally by Hovercast to improve the Services.

Custom Content Tabs: Operators may embed third-party web pages or video content within their event pages using the Content Tabs feature. Content Tabs use standard browser iframe technology; embedded content only loads if the third-party site has configured its web server to permit iframe embedding, which the majority of websites do not allow. Hovercast does not control or guarantee which third-party sites will function via Content Tabs. For sites that do permit iframe embedding, the embedded content is loaded directly from the third-party source and governed by that source's own terms and privacy policies. Hovercast is not responsible for the content, availability, accuracy, or data practices of any third-party resource embedded by an Operator, or for the failure of any resource to load via Content Tabs. Organizations are solely responsible for ensuring that content embedded via Content Tabs complies with applicable law and does not infringe third-party rights.

Hovercast is not responsible for any interruption, modification, or discontinuation of any third-party integration, and makes no warranties regarding the continued availability of any integration.

2.3 Service Level.

We will use commercially reasonable efforts to make the Services available. We do not guarantee uninterrupted or error-free availability. The Services may be disrupted due to unforeseeable events, third-party infrastructure failures, emergency security measures, or planned maintenance (for which We will use commercially reasonable efforts to provide advance notice).

2.4 Trials and Betas.

We may offer access to the Services or specific features on a free, trial, or early access basis ("Trials and Betas"). Use of Trials and Betas is for your internal evaluation only. We provide no warranties, service level commitments, or indemnification for Trials and Betas, and Our liability for Trials and Betas will not exceed fifty U.S. dollars ($50). We may discontinue any Trial or Beta at any time without notice.

3. Order Forms, Subscriptions, and Payments

3.1 Order Form.

Accessing the Services requires completing an Order Form. The Order Form specifies your selected Subscription Plan, fees, and applicable usage terms, and reflects Hovercast's then-current pricing page. By submitting an Order Form, you authorize Us to charge the fees set forth therein.

3.2 Pricing Model.

Hovercast offers two pricing tracks depending on the nature of the Organization:

(a) Political Customers. For Organizations that are political campaigns, candidate committees, political action committees, or other entities subject to federal or state campaign finance law, Hovercast may offer pricing calculated as a percentage of funds raised through events facilitated on the Platform ("Political Platform Fee"). The applicable Political Platform Fee percentage is set forth in the Order Form. Political customers must execute a signed Order Form before being invoiced on a percentage basis; clickthrough acceptance of these Platform Terms alone does not authorize percentage-based billing for political customers. Hovercast's Political Platform Fee is a commercially normal platform service fee charged in exchange for access to and use of Hovercast's live event streaming technology; it is not contingent on, and should be characterized as independent of, any particular fundraising outcome. Organizations are solely responsible for correctly characterizing and reporting their vendor relationship with Hovercast under all applicable campaign finance laws, FEC rules, and state-level regulations, including any required vendor disclosure filings. Hovercast makes no representation regarding the legal permissibility of any fee structure under applicable law, and you must obtain independent legal counsel for such determinations.

(b) Charitable Customers. For Organizations that are nonprofit organizations, charitable entities, or organizations conducting charitable fundraising, Hovercast charges fees based solely on production metrics, which may include the event tier selected, attendee count, and stream hours used ("Charitable Production Fee"). The applicable Charitable Production Fee is set forth in the Order Form.

HOVERCAST'S FEES FOR CHARITABLE CUSTOMERS ARE NEVER CALCULATED AS A PERCENTAGE OF FUNDS RAISED, DONATIONS RECEIVED, OR AMOUNTS PLEDGED. HOVERCAST DOES NOT RECEIVE COMPENSATION THAT IS DETERMINED BY REFERENCE TO FUNDS RAISED FROM ANY CHARITABLE ORGANIZATION.

3.3 Automatic Renewal.

Unless you cancel before the end of the then-current Subscription Period or We provide notice of non-renewal, your Subscription Plan will automatically renew at the then-current Subscription Fee for a Subscription Period equal to the prior period. You authorize Us to charge the renewal fee to the payment method on file with no further action required.

3.4 Cancellation and Downgrade.

You may cancel your Subscription Plan by logging into your Account and canceling before the end of the current Subscription Period. Cancellation takes effect at the end of the current period; you will not receive a refund or credit for the current period. We may elect to not renew by providing notice before the end of the current period. Downgrades take effect at renewal and may result in loss of features or content; Hovercast is not responsible for such loss.

3.5 Fee Changes.

We may change Subscription Fees at any time, but changes will not apply retroactively. For active Subscription Plans, fee changes take effect at the next renewal. We will provide reasonable advance notice of Subscription Fee changes.

3.6 Taxes.

We will charge applicable Taxes as required by law. You may not withhold Taxes from amounts due or set off amounts owed to Us.

3.7 Late Payments.

Overdue balances accrue interest at 2% per month, or the maximum rate permitted by law, whichever is lower, beginning 14 days after We notify you of a late payment. Upon notice of late payment, We may revoke credit terms, accelerate your full Account balance, and suspend or terminate your access to the Services.

3.8 No Refunds.

Except as expressly stated in Sections 4.3 and 13.1, all fees and Taxes are non-refundable.

3.9 Fee Disputes.

If you dispute a fee, you must notify Us in writing within the applicable payment period, after which the amount is final and binding. Disputes do not excuse timely payment of undisputed amounts. If the parties cannot resolve a fee dispute within 14 days, Section 16 applies.

3.10 Streaming Usage and Overages.

YouTube Embed Streaming: All Subscription Plans include unlimited event streaming delivered via the YouTube embed integration at no additional per-minute charge. YouTube embed streaming is not counted toward your viewer-minute allotment.

Private Streaming Allotment: Paid Subscription Plans include 20,000 viewer-minutes per calendar month of private streaming (meaning streaming delivered through the Hovercast Events player powered by Cloudflare Stream or Amazon IVS, as distinct from YouTube embed). Viewer-minutes are calculated by multiplying the number of concurrent viewers by the number of minutes of streaming consumed. Unused viewer-minutes do not roll over to subsequent months.

Latency Mode and Viewer-Minute Calculation: The latency mode selected for a stream affects how viewer-minutes are calculated: Low Latency streaming counts at 1x (one viewer-minute per viewer per minute); Ultra Low Latency streaming counts at 1.5x (one and one-half viewer-minutes per viewer per minute). The latency mode in effect at the time of streaming determines the applicable multiplier.

Overage Charges: If your total viewer-minutes in a calendar month exceed your included allotment, overage charges apply at the following rates: Low Latency streaming: $0.018 per viewer-minute; Ultra Low Latency streaming: $0.027 per viewer-minute. Overage charges are calculated at the end of each calendar month and billed automatically to the payment method on file. You authorize Hovercast to charge overage amounts without further action by you. Hovercast will use commercially reasonable efforts to make current-month usage data available in your Account dashboard, but You are responsible for monitoring your usage levels and managing your Events accordingly. Hovercast is not responsible for overage charges resulting from your Events' viewership levels.

Free Subscription Plans do not include private streaming viewer-minutes. Private streaming on a free plan requires an upgrade to a paid Subscription Plan.

4. Term and Termination

4.1 Term.

This Agreement is effective from the date you accept it (by completing an Order Form or using the Services) and continues until the expiration and non-renewal of the Subscription Period, or earlier termination in accordance with this Section 4.

4.2 Termination for Cause.

Either party may terminate this Agreement upon written notice if: (a) the other party materially breaches this Agreement and does not cure the breach within 30 days of written notice; or (b) the other party becomes the subject of a petition in bankruptcy, insolvency proceeding, or assignment for the benefit of creditors.

4.3 Payments on Termination.

If We terminate this Agreement due to your uncured breach, you must immediately pay all unpaid fees. If you terminate this Agreement due to Our uncured breach, We will refund you a prorated portion of prepaid Subscription Fees covering the remainder of the terminated Subscription Period.

4.4 Event Recordings and Data Export.

You are responsible for regularly backing up your Event Content. Event recordings will be available for export or download based on your Subscription Plan during and following the Subscription Period for a specified time. After that period, Hovercast has no obligation to retain recordings and may delete them. If you downgrade from a paid to a free Subscription Plan, Hovercast has no obligation to retain recordings following the downgrade and may delete them at any time.

5. Event Content and Recordings

5.1 Ownership.

Hovercast does not claim ownership of your Event Content. You grant Hovercast a royalty-free, non-exclusive, sublicensable, worldwide license to use, store, reproduce, distribute, display, and prepare derivative works of the Event Content solely for the purpose of operating, developing, and improving the Services. You irrevocably waive any moral rights or similar rights with respect to attribution or integrity of Event Content.

5.2 Your Responsibility for Event Content.

You are solely responsible for all Event Content. You represent and warrant that your Event Content: (a) does not infringe any third-party intellectual property rights, privacy rights, or other rights; (b) complies with this Agreement and all applicable law; and (c) you have obtained all rights and authorizations necessary to upload, transmit, and share such content through the Services.

5.3 Recording and A/V Capture Notice.

You acknowledge that Events may be recorded by Hovercast as part of the Services, and that such recordings may include audio and visual contributions from Speakers and Viewers. You are solely responsible for providing legally required notice to all Participants that the Event may be recorded. You represent and warrant that you have obtained all consents from Speakers and Viewers required by applicable law (including state wiretapping and recording consent laws) prior to recording. Hovercast is not responsible for your failure to provide required notices or obtain required consents, and you will indemnify Hovercast for any claims arising from such failures.

5.4 Third-Party Streaming Platforms.

If you stream an Event to a third-party platform such as YouTube, the content transmitted to that platform is governed by that platform's terms of service. Hovercast is not responsible for the availability, storage, or downstream use of content on third-party streaming platforms.

5.5 Music Licensing.

You are solely responsible for obtaining all licenses required to publicly perform or broadcast any music during your Events. This includes background music played during a broadcast, music performed by Speakers, and music incorporated into pre-recorded clips or other content displayed during an Event. Live event streaming constitutes a public performance under applicable copyright law and generally requires a valid license from the applicable performing rights organization ("PRO"), such as ASCAP, BMI, SESAC, or GMR, or a direct synchronization or master use license where applicable. If you stream to third-party platforms such as YouTube, those platforms may apply automated content identification systems that detect, mute, flag, or issue copyright claims against unlicensed music; Hovercast has no control over and is not responsible for any muting, blocking, demonetization, or copyright claim arising from unlicensed music on third-party platforms. Hovercast is not a music licensing intermediary and does not obtain performance licenses on your behalf.

6. Data, Privacy, and Security

6.1 Privacy Policy.

Please review Hovercast's Privacy Policy for detailed information about the personal data We collect from Organizations and Participants, how We use it, and how long We retain it.

6.2 Data Roles.

For billing, analytics, marketing, and Account management data, Hovercast acts as a data controller and independently determines the purposes and means of processing. For personal data of Event Participants (including Speakers and Viewers) collected through your Events, Hovercast processes such data on your behalf as a data processor. As the Organization, you are the data controller for Participant data collected through your Events, and you are responsible for having a lawful basis for collecting and processing that data, providing required privacy notices to Participants, and complying with all applicable privacy laws.

6.3 Data Collected by Platform Role.

The following table describes the categories of personal data Hovercast collects from each user type in connection with the Services, the primary purpose for collection, and the third parties to whom such data may be disclosed:

6.4 No Sensitive Data.

You shall not use the Services to collect, transmit, or store sensitive personal information, including health or medical data, financial account numbers, government-issued identification numbers, biometric data, or data relating to individuals under the age of 18.

6.5 Security.

We use commercially reasonable technical and organizational measures to protect the security, confidentiality, and integrity of data stored in the Services.

6.6 Registration Webhooks.

The Services include a registration webhook feature that, when configured by an Organization, transmits RSVP registration data — including registrant name, email address, phone number, ZIP code, custom field responses, and registration source — to a URL specified by the Organization. By configuring a registration webhook, you acknowledge and agree that: (a) you are solely responsible for the security of the endpoint to which data is transmitted and any systems that receive or store webhook data; (b) you are the data controller for all personal data received via webhook; and (c) you will handle all webhook-received data in compliance with applicable privacy law, including the CCPA where applicable. Hovercast is not responsible for any unauthorized access to, loss of, or misuse of data transmitted to Operator-configured webhook endpoints.

7. Fundraising and Donation Platform Integrations

7.1 No Donation Processing.

Hovercast does not process, facilitate, transmit, or control donations or fundraising transactions of any kind. Hovercast is not a fundraising platform, a commercial co-venturer (as defined by applicable charitable fundraising law), a professional solicitor, or a payment intermediary for donor funds. Any donations solicited in connection with a Hovercast Event are processed exclusively by third-party donation platforms through a link-out mechanism. Hovercast never receives, holds, or controls donor funds.

7.2 Third-Party Donation Platform Integration.

The Services may include links or integrations that direct Viewers to third-party donation platforms, currently ActBlue (for political organizations) and GoodChange (for charitable organizations). Hovercast may receive event-level data exports from such platforms (such as donation totals or contribution summaries in JSON format) for the sole purpose of providing Organizations with event reporting and analytics. This data import is used for reporting only; Hovercast does not facilitate or control the underlying transactions. Each donation platform's own terms and privacy policy govern the donor's experience on that platform.

7.3 Political Customer Compliance.

Organizations that are political campaigns, committees, or political action committees are solely responsible for compliance with all applicable federal and state campaign finance laws, including but not limited to FEC regulations governing vendor compensation, contribution reporting, and solicitation disclosures. Hovercast makes no representations regarding the compliance of any fee structure, event format, or donation integration under applicable campaign finance law. You must obtain independent legal counsel to determine applicable compliance obligations.

7.4 Charitable Customer Compliance.

(a) Production-Based Fees Only. As set forth in Section 3.2(b), Hovercast charges charitable customers based solely on production metrics and never based on a percentage of funds raised or donations received. Organizations using the Services for charitable fundraising are solely responsible for assessing and confirming the applicability of professional solicitor, paid solicitor, or charitable fundraising platform regulations to their own activities and to their use of Hovercast.

(b) California Charitable Organizations. Organizations that are charitable organizations registered with or required to register with the California Attorney General, or that solicit donations from California residents, must either: (i) operate their own direct Hovercast Account; or (ii) ensure that any agency, marketing vendor, consultant, or intermediary operating a Hovercast Account on their behalf does so only at the charitable organization's explicit written request and with documented authorization from the charitable organization. Agencies and other intermediaries may not independently create or operate Hovercast Accounts to conduct fundraising for California-registered charitable organizations without the organization's direct involvement and explicit authorization. The charitable organization is responsible for all compliance obligations arising from use of the Services, regardless of whether an authorized intermediary operates the Account.

(c) State Registration Responsibility. Organizations are solely responsible for obtaining and maintaining all required state charitable solicitation registrations, exemptions, and filings applicable to their own fundraising activities. Hovercast is not a co-solicitor and is not responsible for an Organization's failure to maintain required registrations. You may not represent Hovercast as endorsing, sponsoring, or participating in any charitable solicitation.

8. Use of the Services

8.1 Platform User Roles.

The Platform supports the following user roles within an Organization's Account:

Admin: Full access to the Account, including creating and managing Events, managing user seats and role assignments, accessing billing, and configuring Account-level settings.

Manager: Can create and manage Events and access event-level reporting. Does not have access to billing or Account-level administrative settings.

Member: Limited or read-only access to the Platform, as configured by the Admin.

You are responsible for assigning appropriate roles, managing user access, and ensuring that all users acting under your Account comply with this Agreement.

8.2 Event Roles.

Within a specific Event, participants may serve in the following roles:

Operator: Sets up and runs the Event, manages the Speaker room and Backstage, and controls the live broadcast.

Speaker: An invited participant or a Viewer who has been accepted via the Raise Hand feature. All Speakers enter the private Backstage before going live on the broadcast. See Section 8.10.

Viewer: An audience member watching and participating in the public event page. Where the Operator has enabled the Raise Hand feature, Viewers may signal interest in speaking and may be promoted to Speakers.

You are solely responsible for managing Event roles and ensuring that Operators, Speakers, and Viewers comply with applicable law and this Agreement.

8.3 Acceptable Use.

You and all users acting under your Account must use the Services in compliance with applicable law and any Community Guidelines We publish (which are incorporated into this Agreement by reference). We may remove Event Content that, in Our reasonable judgment, violates this Agreement or applicable law, or that may expose Us, you, or others to liability, without notice and without liability to you.

8.4 Responsibility for Participants and Events.

You are solely responsible for your Events and all Participants. You represent and warrant that your Events, Event Content, and Participants will not infringe any third-party rights, violate applicable law, or violate this Agreement. You are responsible for ensuring Operators obtain all required consents and provide required disclosures to Speakers and Viewers. If you configure an Event with invite-only access and upload or provide a list of invited attendees, you represent and warrant that you have appropriate authority to provide those email addresses to Hovercast and that doing so complies with applicable privacy law.

8.5 Service Modifications.

We may modify, update, or discontinue any feature or functionality of the Services at any time. We will provide commercially reasonable advance notice (such as via email or in-product notification) of material modifications that materially reduce the overall functionality of the Services. If such a modification results in a material reduction in functionality without a comparable replacement, you may elect to terminate this Agreement within 30 days of the modification and receive a prorated refund of prepaid fees as your sole remedy.

8.6 Temporary Suspension.

We may suspend or restrict your access to the Services if We reasonably believe: (a) you or your users are in breach of this Agreement or applicable law; (b) your Events or Participants may cause harm to Us, other users, or third parties; or (c) there is suspected malicious activity connected to your Account. We will not be liable to you for any such suspension.

8.7 Restrictions.

You shall not, and shall not permit anyone else to: (a) resell, sublicense, or distribute the Services to third parties without Our prior written consent; (b) reverse engineer, decompile, or attempt to access the source code or algorithms of the Services; (c) use the Services to build a product or service that competes with the Services; (d) interfere with or circumvent the security, access controls, or technical measures of the Services; (e) collect or harvest data from the Services using automated tools, scrapers, or bots; (f) use the Services to send unsolicited bulk communications; (g) use the Services to transmit malicious code or harmful content; or (h) violate applicable law, contract, or third-party rights.

8.8 System Requirements.

Use of the Services requires compatible hardware, software, and internet access. You acknowledge that system requirements may change, and Hovercast is not responsible if you or your users do not meet system requirements.

8.9 SMS and Text Message Communications.

If you enable phone number collection or SMS opt-in fields in your Event RSVP forms, you are solely responsible for compliance with all applicable laws governing commercial and political text messaging, including the Telephone Consumer Protection Act ("TCPA"), 47 U.S.C. Section 227, and all implementing regulations. This includes obtaining all required express written consents before sending text messages, maintaining and honoring opt-out requests within the legally required timeframe, and providing all required disclosures at the time of consent. Hovercast provides the tools to collect phone numbers and display opt-in language on RSVP forms but does not send text messages on your behalf and is not responsible for your text messaging programs. You represent and warrant that all text messages sent in connection with your Events comply with applicable law. You will indemnify Hovercast against any claims, penalties, or damages arising from your failure to comply with applicable text messaging law.

8.10 Raise Hand Feature and Backstage.

Operators may optionally enable a Raise Hand feature on their Events. When enabled, Viewers may click a hand icon on the event page to signal interest in speaking. The Operator receives a notification for each raised-hand request and has sole discretion whether to accept or decline.

Backstage: When an Operator accepts a raise-hand request, or when an invited Speaker joins ahead of the live broadcast, that participant is placed in a private Backstage. The Backstage is a pre-broadcast staging space accessible only to the Operator and Speakers currently in the room; it is not visible to the Event audience. Operators may use the Backstage to conduct audio and video tech checks, brief Speakers on the event format, and confirm readiness before moving Speakers to the live broadcast.

Moving Speakers to broadcast: The Operator controls when and whether to move a Speaker from the Backstage to the live broadcast. Operators are responsible for confirming that Speakers understand they are about to become visible and audible to the full Event audience before moving them onscreen.

Operator responsibility: You are solely responsible for your decisions to accept or decline raise-hand requests, for the conduct of participants in the Backstage, and for ensuring that all persons moved from the Backstage to the live broadcast have been informed that they will be visible and audible to the Event audience and have consented to appearing.

9. Political Content and Promotions

9.1 Political Content.

If you use the Services in connection with political campaigns, elections, ballot measures, political advertising, or issue advocacy, you are solely responsible for compliance with all applicable federal, state, and local campaign finance and election laws, including FEC regulations, required disclaimers, and disclosure obligations. Hovercast does not review, approve, or endorse political content broadcast through the Services.

9.2 Promotions.

If you conduct a promotion, contest, raffle, or sweepstakes through the Services, you are solely responsible for compliance with applicable law, including required rules, prize disclosures, and registrations. You must clearly state that any such promotion is yours and that Hovercast does not sponsor or endorse it. You must obtain Our prior written consent before associating or affiliating Hovercast's name or brand with any promotion.

10. Confidential Information

10.1 Definition.

"Confidential Information" means all information disclosed by one Party to the other in connection with this Agreement that is identified as confidential at the time of disclosure or that a reasonable person would consider confidential given the circumstances. Confidential Information includes, without limitation, Hovercast's product roadmap, pricing, security practices, and unreleased features. Confidential Information does not include information that: (a) is or becomes publicly known through no fault of the receiving party; (b) was in the receiving party's possession without confidentiality obligation before disclosure; (c) is received from a third party without restriction; or (d) is independently developed by the receiving party without use of the disclosing party's Confidential Information.

10.2 Obligations.

Each Party shall protect the other's Confidential Information with at least the same care it uses for its own similar information, but no less than reasonable care. Each Party may use Confidential Information only to fulfill its obligations under this Agreement, and may disclose it: (a) to employees, contractors, or advisors who need to know it and are bound by equivalent confidentiality obligations; (b) as required by court order or law, provided the receiving party gives the disclosing party reasonable prior notice to seek a protective order; or (c) as required to comply with applicable law.

11. Intellectual Property Rights

11.1 Hovercast's Reserved Rights.

Hovercast and its licensors retain all rights, title, and interest in and to the Services, including all intellectual property rights, whether registered or unregistered, including copyrights, patents, trademarks, service marks, trade secrets, and trade dress. No rights are granted to you except as expressly set forth in this Agreement. Hovercast reserves all rights not expressly granted herein.

11.2 Feedback and Usage Data.

If you provide feedback, suggestions, or reports regarding the Services ("Feedback"), you grant Hovercast a perpetual, irrevocable, royalty-free right to use such Feedback for any purpose, including to improve the Services. Hovercast may collect and analyze aggregated, de-identified usage data from your and your users' use of the Services ("Usage Data") to maintain, improve, and promote the Services, and may share Usage Data with third parties only in aggregated, de-identified form that does not identify you or your users.

12. Representations and Disclaimer

12.1 Mutual Representations.

Each Party represents to the other that it has full power and authority to enter into and perform this Agreement.

12.2 Disclaimer.

EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES (INCLUDING THE PLATFORM, ANY DOCUMENTATION, AND ANY THIRD-PARTY INTEGRATIONS) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND. HOVERCAST EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT. HOVERCAST DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR MALICIOUS SOFTWARE. HOVERCAST DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THOSE OF YOUR PARTICIPANTS. YOU USE THE SERVICES AT YOUR OWN RISK.

HOVERCAST MAKES NO REPRESENTATION THAT ANY FEE STRUCTURE, PRICING MODEL, OR PLATFORM FEATURE COMPLIES WITH ANY SPECIFIC CAMPAIGN FINANCE, CHARITABLE SOLICITATION, OR OTHER REGULATORY REQUIREMENT. ALL LEGAL COMPLIANCE DETERMINATIONS ARE YOUR SOLE RESPONSIBILITY.

13. Indemnification

13.1 Hovercast Indemnification.

Hovercast will indemnify you against all damages awarded by a final, non-appealable court judgment arising out of a third-party claim that the Services, as provided by Hovercast and used by you in accordance with this Agreement, infringe a third-party intellectual property right. If the Services become or Hovercast reasonably believes they may become the subject of such a claim, Hovercast may, at its discretion: (a) obtain the right for you to continue using the Services; (b) replace or modify the infringing component; or (c) terminate this Agreement and refund a prorated portion of prepaid Subscription Fees for the unused Subscription Period. Hovercast has no indemnification obligation for claims arising from: (i) your modification of the Services; (ii) your combination of the Services with other products or content; (iii) your content or Event Content; or (iv) your use of the Services in violation of this Agreement or applicable law. This indemnification does not apply to free Subscription Plans or Trials and Betas. The remedies in this Section 13.1 are your sole and exclusive remedy for third-party intellectual property infringement claims related to the Services.

13.2 Organization Indemnification.

You will indemnify, defend, and hold harmless Hovercast Inc. and its affiliates, officers, directors, employees, agents, licensors, and contractors (collectively, the "Hovercast Parties") from all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney fees) arising out of or relating to: (a) your breach of this Agreement; (b) your violation of applicable law, including campaign finance law, charitable solicitation law, and privacy law; (c) your Event Content; (d) your Events and Participants, including any failure to provide required recording notices or obtain required consents; (e) your fundraising activities or representations to donors; and (f) any failure to comply with FEC requirements, state campaign finance regulations, or charitable solicitation obligations.

13.3 Indemnification Procedure.

The party seeking indemnification must promptly notify the other party in writing upon becoming aware of a claim. The indemnifying party will control the defense, investigation, and settlement of the claim with the indemnified party's reasonable cooperation, and may not settle any claim that imposes liability on or requires admission by the indemnified party without its prior written consent (not to be unreasonably withheld). The indemnified party may participate in its own defense at its own expense.

14. Limitation of Liability

14.1 Excluded Damages.

Except for (a) your breach of payment obligations under this Agreement, (b) your breach of Section 8 (Use of the Services), or (c) either party's indemnification obligations under Section 13:

NEITHER YOU NOR THE HOVERCAST PARTIES WILL BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, MORAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, UNDER ANY LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.2 Monetary Cap.

Except for (a) your breach of payment obligations, (b) your breach of Section 8, or (c) either party's indemnification obligations:

EACH PARTY'S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE TOTAL SUBSCRIPTION FEES PAID BY YOU IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED U.S. DOLLARS ($100), IF YOU ARE ON A FREE SUBSCRIPTION PLAN OR IN CASE OF TRIALS AND BETAS.

14.3 Risk Allocation.

Sections 12 and 14 reflect a reasonable allocation of risk between the parties and are an essential part of the basis of the bargain. These limitations apply even if any stated remedy fails of its essential purpose.

15. General Provisions

15.1 Anti-Corruption.

Neither Party will take any action that violates applicable anti-corruption or anti-bribery law, including the U.S. Foreign Corrupt Practices Act.

15.2 Export Controls.

You agree to comply with applicable U.S. trade, sanctions, and export control laws. You represent that you are not located in or organized under the laws of any country subject to a U.S. Government embargo, and are not listed on any U.S. Government restricted-party list.

15.3 Assignment.

Neither Party may assign any rights or obligations under this Agreement without the other Party's prior written consent, except that: (a) Hovercast may assign to an affiliate without consent; and (b) either Party may assign this Agreement in connection with a merger, change of control, or sale of all or substantially all assets upon written notice. Any other attempted assignment is void. This Agreement will bind and benefit the parties and their permitted successors and assigns.

15.4 Entire Agreement.

This Agreement constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior agreements and understandings. Any terms in any purchase order or other ordering documentation delivered by you are void.

15.5 Amendments.

We may amend this Agreement by providing reasonable notice via email to the address on your Account, website posting, or in-product notification. Amendments take effect on the date specified in the notice. Your continued use of the Services after the effective date of an amendment constitutes acceptance. We will provide reasonable advance notice of amendments that materially and adversely affect your rights or obligations.

15.6 Waiver.

Either Party's failure to enforce any provision of this Agreement does not constitute a waiver of that or any other provision.

15.7 Severability.

If any provision of this Agreement is found invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force.

15.8 Relationship of the Parties.

This Agreement does not create a partnership, franchise, joint venture, agency, or employment relationship between the parties.

15.9 Notices.

We may provide notice to you via email to the primary address on your Account or through the Services. You must provide notices to Us by email to [email protected] with "Contract Notice" in the subject line, or by overnight courier or certified mail to Hovercast Inc., 3838 N Ravenswood Ave, Suite 218, Chicago, IL 60613, United States. Email notices are deemed received one business day after sending; mail notices are deemed received three business days after sending.

15.10 Governing Law and Jurisdiction.

The laws of the State of New York, without regard to conflict-of-laws principles, govern this Agreement. Except as set out in Section 16, disputes arising out of or relating to this Agreement will be brought exclusively in state or federal courts located in New York, New York, and each party submits to the exclusive jurisdiction of those courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

15.11 Survival.

The following Sections survive termination or expiration of this Agreement: 3 (to the extent fees are outstanding), 5.1, 5.3, 6, 7, 10, 11, 12, 13, 14, 15, and 16.

15.12 Equitable Relief.

You acknowledge that your breach of Sections 10 or 11 may cause Hovercast irreparable harm for which monetary damages would be inadequate, and that Hovercast is entitled to seek equitable relief (including injunction) without posting bond, in addition to all other rights and remedies at law or equity.

15.13 Force Majeure.

Except for your payment obligations, neither Party will be responsible for delays or failures in performance caused by circumstances beyond its reasonable control, including natural disasters, war, pandemics, labor conditions, acts of terrorism, public utility or internet infrastructure failures, or denial-of-service attacks. The affected Party's performance obligations will be excused during such events, with performance extended as necessary.

15.14 Publicity.

Hovercast may use your Organization's name and logo in marketing materials, website, or other communications to identify you as a customer of Hovercast's products and Services. For Events that are private or RSVP-gated, Hovercast will not use recordings, clips, or excerpts from your Event in any marketing or promotional materials without your prior written consent. For Events that you have made publicly available — such as Events publicly streamed to YouTube or accessible without registration — Hovercast may reference, link to, or share that publicly available content to illustrate platform capabilities, without prior written consent, provided such use accurately represents the Event and does not misrepresent your Organization's views or positions.

16. Dispute Resolution; Binding Individual Arbitration

(a) Claims Subject to This Section. The dispute resolution and binding arbitration terms in this Section 16 apply to all Claims between You and Hovercast. A "Claim" is any dispute, claim, cause of action, or controversy (excluding those exceptions listed below) between You and Hovercast, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory for which either party wishes to seek legal recourse and that arises from or relates to this Agreement or the Services, including any related to privacy or data security or to the formation, validity, enforceability, revocability, performance, breach, or scope of this Agreement or this arbitration provision or any portion of it or arising out of or relating to interpretation or application of this Agreement or arbitration provision.

(b) Informal Dispute Resolution Prior to Arbitration. If You have a Claim against Hovercast or if Hovercast has a Claim against You, You and Hovercast must first attempt to resolve the Claim informally in order to try to resolve the Claim faster and reduce costs for both parties. You and Hovercast will make a good-faith effort to negotiate the resolution of any Claim for 45 days, or such longer period as mutually agreed in writing (email suffices) by the parties, ("Informal Resolution Period") from the day either party receives a written notice of a dispute from the other party (a "Claimant Notice") in accordance with this Agreement. You will send any Claimant Notice to Hovercast by email to [email protected] or by certified mail addressed to Hovercast Inc., 3838 N Ravenswood Ave, Suite 218, Chicago, IL 60613. Hovercast will send any Claimant Notice to You by certified mail or email using the contact information You have provided to Hovercast. The Claimant Notice sent by either party must (i) include the sender's name, address, email address, telephone number, and any relevant account or purchase information; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought. The Informal Resolution Period is intended to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so. You or Hovercast cannot initiate arbitration before the end of the Informal Resolution Period. If You or Hovercast file a Claim in court or initiate arbitration without first providing a compliant Claimant Notice and waiting until the conclusion of the Informal Resolution Period, the other party reserves the right to seek relief from a court or arbitrator to enjoin the filing or arbitration and seek damages from the party that has not followed the informal dispute-resolution process to reimburse it for any costs and fees—including arbitration, attorney, and expert fees—incurred as a foreseeable consequence of that breach. The statute of limitations and any filing-fee deadlines for a Claim shall be tolled for the duration of the Informal Resolution Period for that Claim so that the parties can engage in this informal dispute-resolution process.

(c) Claims Subject to Binding Arbitration; Exceptions. Except for individual disputes that qualify for small-claims court (provided that the small-claims court does not permit class or similar representative actions or relief) and any disputes exclusively related to the intellectual property or intellectual-property rights of You or Hovercast, including any disputes in which You or Hovercast seek injunctive or other equitable relief for the alleged unlawful use or infringement of your or Hovercast's intellectual property ("IP Claims"), all Claims, including Claims that are not related to intellectual property but are jointly filed with IP Claims, that are not resolved in accordance with Section 16(b) will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury.

(d) Binding Individual Arbitration. Subject to the terms of this section, Claims may only be adjudicated by binding individual arbitration conducted by National Arbitration and Mediation ("NAM"), https://namadr.com, according to the Federal Arbitration Act, 9 U.S.C. § 1, et seq., ("FAA") and NAM's Comprehensive Dispute Resolution Rules and Procedures in effect at the time the Claim arose (the "Rules"), as modified by these Platform Terms. If NAM notifies the parties in writing that it is not available to arbitrate any Claim, then that Claim may only be settled by binding individual arbitration conducted by the American Arbitration Association ("AAA"), https://www.adr.org, under AAA's Commercial Arbitration Rules and Mediation Procedures, or AAA's Consumer Arbitration Rules if the claimant qualifies as a Consumer under applicable law, in each case as modified by these Platform Terms. These Platform Terms affect interstate commerce, and the enforceability of this Section 16 will be substantively and procedurally governed by the FAA to the extent permitted by law. As limited by the FAA, these Platform Terms, and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy or relief that would otherwise be available in court, including the power to determine the question of arbitrability. To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or Hovercast to satisfy one of our individual Claims.

(e) Arbitration Procedure and Location. You or Hovercast may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing a demand for arbitration with NAM (or with AAA if applicable pursuant to Section 16(d)). Instructions for filing a demand for arbitration with NAM are available on the NAM website or by emailing NAM at [email protected], and instructions for filing a demand for arbitration with AAA are available on the AAA website or by calling AAA at 800-778-7879. You will send a copy of any demand for arbitration to Hovercast by email to [email protected] or by certified mail addressed to Hovercast Inc., 3838 N Ravenswood Ave, Suite 218, Chicago, IL 60613. The arbitration will be conducted by a single arbitrator in the English language. You and Hovercast both agree that the arbitrator will be bound by these Platform Terms. For Claims in which the claimant seeks USD $10,000 or less, the arbitrator will decide the matter solely based on written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For Claims in which the claimant seeks more than USD $10,000, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings shall be conducted by video or telephone, unless the arbitrator determines an in-person hearing is necessary. If an in-person hearing is required and you reside in the United States, the hearing will take place in New York, New York, unless the arbitrator determines that this would pose a hardship for You, in which case the in-person hearing may be conducted in the claimant's state and county of residence. The arbitrator will resolve all Claims in arbitration. Unless You and Hovercast agree otherwise, any decision or award will include a written statement stating the decision of each Claim and the basis for the award, including the arbitrator's essential factual and legal findings and conclusions. An arbitration award and any judgment confirming it apply only to that specific case; they cannot be used or offered as precedent in any other case except to enforce the award itself unless the parties agree prior to issuance of the award.

(f) Arbitration Fees. Except for circumstances outlined in Section 16(g), each party will be responsible for arbitration fees in accordance with the applicable Rules and these Platform Terms.

(g) Frivolous or Improper Claims. To the extent permitted by applicable law, a claimant must pay all costs and fees incurred by the defending party—including arbitration, attorney, and expert fees—related to a Claim if an arbitrator determines that (i) the Claim was frivolous or (ii) the Claim was filed for any improper purpose, such as to harass the responding party, cause unnecessary delay, or needlessly increase the cost of dispute resolution.

(h) One Year to Assert Claims. TO THE EXTENT PERMITTED BY LAW, ANY CLAIM BY YOU OR HOVERCAST AGAINST THE OTHER MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM ARISES; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU OR HOVERCAST WILL NO LONGER HAVE THE RIGHT TO ASSERT THAT CLAIM.

(i) Confidentiality. If You or Hovercast submits a Claim to arbitration, You and Hovercast agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of discovery in the arbitration. You and Hovercast agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration.

(j) Coordinated Filings. If 25 or more Claimant Notices are received by a party that raise similar claims and have the same or coordinated counsel, these will be considered "Coordinated Claims" and will be treated as mass filings, mass arbitrations or multiple case filings according to the Rules (including, when applicable, AAA's Mass Arbitration Supplementary Rules), if and to the extent Coordinated Claims are filed in arbitration as set forth in these Platform Terms. You or Hovercast may advise the other of your or its belief that Claims are Coordinated Claims, and disputes over whether a Claim meets the definition of "Coordinated Claims" will be decided by the arbitration provider as an administrative matter. COORDINATED CLAIMS MAY ONLY BE FILED IN ARBITRATION AS PERMITTED BY THE BELLWETHER PROCESS SET FORTH BELOW. APPLICABLE STATUTES OF LIMITATIONS WILL BE TOLLED FOR CLAIMS ASSERTED AS COORDINATED CLAIMS FROM THE TIME A COMPLIANT CLAIMANT NOTICE HAS BEEN RECEIVED BY A PARTY UNTIL THESE PLATFORM TERMS PERMIT SUCH COORDINATED CLAIMS TO BE FILED IN ARBITRATION OR COURT. Initial Bellwether: The bellwether process set forth in this Section will not proceed until counsel representing the Coordinated Claims has advised the other party in writing that all or substantially all the Claimant Notices for the Coordinated Claims have been provided. After that point, counsel for the parties shall select 20 Coordinated Claims to proceed in arbitration as a bellwether to allow each side to test the merits of its claims and arguments. Each side shall select 10 claimants who have provided compliant Claimant Notices for this purpose, and only those chosen cases may be filed with the arbitration provider. Any remaining Coordinated Claims shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those Claims, unless and until they are selected to be filed in individual arbitration proceedings as set out in this Section 16(j). A single arbitrator shall preside over each Coordinated Claim chosen for a bellwether proceeding. Mediation: Once the bellwether arbitrations have concluded (or sooner if the claimants and the other party agree), counsel for the parties must engage in a single mediation of all remaining Coordinated Claims, with the mediator's fee paid for by Hovercast. Counsel for the claimants and the other party must agree on a mediator within 30 days after the conclusion of the last bellwether arbitration. If counsel cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter. Remaining Claims: If the mediation does not yield a global resolution of all remaining Coordinated Claims, the arbitration requirement in this Section 16 shall no longer apply to Coordinated Claims for which a compliant Claimant Notice was received by the other party but that were not resolved in the bellwether proceedings. Such Coordinated Claims released from the arbitration requirement must be resolved in accordance with Section 15.10. If Coordinated Claims released from the arbitration requirement are brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in Coordinated Claims for which a compliant Claimant Notice was received by the other party.

(k) Opting Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted these Platform Terms by providing Hovercast with notice of your decision to opt out via email at [email protected] or by certified mail addressed to Hovercast Inc., 3838 N Ravenswood Ave, Suite 218, Chicago, IL 60613. To be effective, the opt-out notice must include your full name, mailing address, and email address, and must clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 15.10. If you opt out of this arbitration clause and were previously subject to a prior arbitration clause, then that prior arbitration clause shall remain as part of the agreement between us.

(l) Rejection of Future Arbitration Changes. You may reject any change We make to Section 16 (except address changes) by sending Us notice of your rejection within 30 days of the change via email at [email protected] or by certified mail addressed to Hovercast Inc., 3838 N Ravenswood Ave, Suite 218, Chicago, IL 60613. Changes to Section 16 may only be rejected as a whole, and you may not reject only certain changes to Section 16. If you reject changes made to Section 16, the most recent version of Section 16 that you have not rejected will continue to apply.

(m) Severability. If any portion of this Section 16 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Platform Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 16 or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 16; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction, in accordance with this Agreement, and not in arbitration. Further, if any part of this Section 16 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 16 will be enforceable.

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