TERM OF SERVICE AND LICENSE AGREEMENT

Last Revised on October 20, 2025

Welcome to the Terms of Service and License Agreement (these "Terms") for the (i) web-hosted application platform and; (ii) any other products or services that we make available from time to time, (the "Products"), operated by Hyype Inc ("Company", "we" or "us"). The Products and any content, tools, features and functionalities offered on or through our website https://studio.atrium.art/ and https://atrium.art/ are collectively referred to as the "Services".

These Terms explain the rights and obligations you have with respect to images, videos, and other assets which you might generate through the Services (the "Output"), or prompts, images, videos or other assets you might enter into the Services (the "Inputs"). Please read these Terms carefully, as they include important information about your legal rights and obligations. By accepting, and/or using (including receiving and distributing the Output) the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Services.

For purposes of these Terms, "you" and "your" means you as the user of the Services. If you use the Services on behalf of a company or other entity then "you" includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity's behalf. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, data, information, applications, software, or materials (collectively, "Third-Party Materials") Company may make available via the Services. Except to the extent that they are preempted by U.S. federal law, the laws of the state of Delaware, excluding conflict-of-laws principles of any jurisdiction, govern these Terms and any Disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter.

When you agree to these Terms, you are agreeing (with limited exception) to resolve any dispute between you and the Company through binding arbitration rather than in court and to a class action waiver. Please review Section 9 Dispute Resolution and Class Action Waiver below for details regarding arbitration. However, if you are resident of a jurisdiction where applicable laws prohibit arbitration of disputes, the agreement to arbitrate in Section 9 will not apply to you but the provisions of section 10.2 Governing Law will apply instead.

In some countries, the use, distribution or protection of Generative Artificial Intelligence ("GenAI") Outputs may be subject to specific restrictions or legal requirements under applicable intellectual property, privacy, consumer and other applicable laws and regulations that affect your use of the Outputs or the Services. Please consult with a legal professional about the current state of GenAI regulations in your jurisdiction.

1. THE SERVICES AND ELIGIBILITY TO USE THE SERVICES

1.1. Platform

The Services may allow you to enter or upload Inputs, including but not limited to photos, videos and documents about your image and likeness to enable the generation of Outputs ("Your Content"). All right, title and interest in Your Content associated with each Output (including all copyrights, and all other intellectual property rights) is owned by you. However, your ownership is subject to any obligations imposed by these Terms and the rights of any third parties. Your ownership is limited solely to ownership of Your Content and you are responsible for all the Inputs you provide or Outputs you generate, including assuring it does not violate any applicable laws, this Terms or the rights of any third parties. By submitting Inputs to our Services, you represent and warrant that you have all the rights, licenses and permissions that are necessary for us to process the Inputs under these Terms and to provide the Services to you. You are solely responsible for any actions taken using the Services and we shall not be liable for any violation resulting in whole or in part from your use of the Services. Subject to your compliance with these Terms, we assign you all of our right, title, and interest in any Outputs.

1.2. Additional Features

The Services may allow you to access certain other features, that may be available from time to time (collectively, such access and features, the "Additional Features"). For clarity, Company's inclusion of the Additional Features does not imply or warrant that they will be available at any other time, and Company may cease providing such Additional Features at any time in their sole discretion.

1.3. Eligibility

You must be at least 13 years of age or older to use the Services. Children under the age of 13 are not permitted to use the Services. Minors under the age of majority in their jurisdiction but that are at least 13 years of age are only permitted to use the Services if the minor's parent or guardian accepts these Terms on the minor's behalf prior to use of the Services. By using the Services, you represent and warrant that you meet this requirement.

2. USER ACCOUNTS

2.1. Creating and Safeguarding your Account

To use certain Services, you need to create an account ("Account"). You can create an Account by providing an email address and password that will be associated with your Account. You agree to provide us with accurate, complete, and updated information for your Account. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. Company is not liable for any acts or omissions by you in connection with your Account. You must immediately notify us at info@atrium.art if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account. Company may require you to provide additional information and documents regarding your use of the Services, including at the request of any competent authority or in case of application of any applicable law or regulation. Company may also require you to provide additional information and documents in cases where it has reasons to believe that:

(a) Your Account is being used for any illegal activity, including content that sexualizes children or minors;
(b) You have concealed or reported false identification information and other details;
(c) Your Content was created using Inputs that do not belong to you and violate the rights of third parties; or
(d) Any use of the Services was made in breach of these Terms.

3. FEES AND PAYMENT

3.1. Fees

The Services may require you to pay fees to access or use the Services. These fees are calculated based on your usage and are billed through a monthly subscription. In other words, your subscription grants you a specific amount of usage per month, as described during the order process. By purchasing access to our Services, you must provide complete and accurate billing information. You agree to pay for the Services in the payment method we determine. If the fees for the Services are recurring or usage-based, you agree that we may automatically charge such fees and applicable taxes to the payment method established on a periodic basis. If you reach your usage limit for the month, you may have the option to purchase additional usage for such month. We may change the features, and other services provided as part of your subscription from time to time and we make no guarantees that a particular feature, tool or services will be always available through the Services. All fees paid via the Services are non-refundable unless as expressly provided in these Terms. We use third party service providers to complete the payment of the fees and all applicable taxes in connection with your purchase. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. We reserve the right to make changes to the fees applicable to your subscription from time to time. If the fees result in an increase in the fees payable by you, we will inform you at least 30 days in advance. You agree to the increase in fees unless you cancel your subscription. In certain cases, your transaction may not be successful due to an error with third-party payment processor. We accept no responsibility or liability to you for any such failed transactions, or any transaction that may be incurred by you in connection with such failed transactions. We are not a payment processor. We use third party payment processor services to enable you to pay for the Services. You are solely responsible for any actions taken on such website and we shall not be liable for any loss resulting in whole or in part from such provider.

3.2. Automatic Renewal

If you subscribe to our Services, your payment method will be automatically charged on each agreed-upon renewal date, which corresponds to the date you initially paid for the Services, until you cancel your subscription. Your subscription will remain active for the initial term (monthly, unless otherwise specified) and will be automatically renew at the end of each term, resetting your usage limits. If you exhaust your usage before the end of your billing period, you may have the option to purchase additional one-time usage. However, automatic renewal will come into effect at the beginning of the next billing cycle.

3.3. Additional Fees

We may increase or change the fees for our Services, subject to any additional terms and restrictions that we establish. Additional fees may apply for additional Services we make available in the future. If you do not accept any such additional fees, part or whole access to our Services may not be available to you.

3.4. Cancellation

You may cancel your subscription for any reason through the method provided through the Services. To avoid renewal charges, cancel your subscription within 7 days before the beginning of your billing date for the following month.

4. LOCATION OF OUR PRIVACY POLICY

4.1. Privacy Policy

Our Privacy Policy describes how we handle the information you provide to us when you use the Services. For an explanation of our privacy practices and your user rights, please visit our Privacy Policy located at https://atrium.art/privacy

5. RIGHTS WE GRANT YOU

5.1. License Grants

(a) Services License.

Subject to your compliance with these Terms, Company hereby grants to you, a personal, worldwide, royalty-free, non-assignable, non-sublicensable, non-transferrable and non-exclusive license to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by these Terms and subject to the use restrictions described below. Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Service or other actions that we, in our sole discretion, may elect to take.

5.2. Restrictions On Your Use of the Services

You are prohibited from doing any of the following, unless applicable laws or regulations prohibit these restrictions, or you have written permission to do so:

(a) Duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;
(b) use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;
(c) use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Services or impersonate an individual or entity via the Services;
(d) access or use the Services in any manner that could disable, overburden, damage, disrupt, or impair the Services or interfere with any other party's access to or use of the Services or use any device, software or routine that causes the same;
(e) attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services;
(f) circumvent, remove, alter, deactivate, degrade, or thwart any technological measure or content protections of the Services;
(g) use any robot, spider, crawlers, or other automatic device, process, software, or queries that intercepts, "mines", scrapes, or otherwise accesses the Services to monitor, extract, copy, or collect information or data from or through the Services, or engage in any manual process to do the same;
(h) introduce any viruses, trojan horses, worms, logic bombs, or other materials that are malicious or technologically harmful into our systems;
(i) develop any products or services that compete with our Services, including developing or training any artificial intelligence machine learning algorithms;
(j) use the Services for illegal, harassing, unethical, or disruptive purposes;
(k) make any visually shocking or disturbing content;
(l) create Outputs to attempt or actually deceive or defraud anyone;
(m) create Outputs for political campaigns and try to influence the outcome of an election or spread false and misleading information;
(n) mislead recipients of Your Content about the nature and source of Your Content;
(o) make any statement or Output that creates the false impression that you have been endorsed or sponsored by Company;
(p) generate Outputs that are inherently disrespectful, aggressive, promote hate, abuse or violence;
(q) infringe, misappropriate, or violate the intellectual property or other legal rights such as the right of publicity or privacy of any third-party;
(r) violate any applicable law or regulation in connection with your access to or use of the Services; or
(s) access or use the Services in any way not expressly permitted by these Terms.

6. OWNERSHIP AND CONTENT

6.1. Ownership of the Services

The Services, including their "look and feel" (e.g., text, graphics, images, logos), proprietary content, algorithms, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that Company, and/or our licensors own all right, title and interest in and to the Services (including the technology systems, and processes developed or used to train, fine-tune and operate the artificial intelligence or machine learning models ("AI Models") and workflows to generate outputs to enable the Services) together with all intellectual property rights therein. You also agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content (other than Your Content), including the right to create derivative works.

6.2. Ownership of Trademarks

Company's name, trademarks, logo, and all related names, logos, product and service names, designs and slogans are trademarks of Company, or their affiliates, service providers, or licensors.

6.3. Your Content License Grant

In connection with your use of the Services, you may be able to post, upload, or submit Your Content to be made available through the Services. As stated in Section 1.1 you retain all ownership and intellectual property rights in Your Content, including any rights in the data, likeness or materials you provide that is used to train or fine-tune the AI Models provided through the Services. However, in order to operate the Service, Company must obtain from you certain license rights in Your Content so that actions we take in operating the Service are not considered legal violations. Accordingly, by using the Services and generating Your Content, you grant us a license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, and modify Your Content (for technical purposes such as formatting, optimization or compatibility) and to train, host and maintain AI Models solely to the extent necessary to be able to operate and provide the Services. For clarity, the Company does not claim ownership of the underlying large language models or foundational AI systems on which the Services are built, which may include open-source or third-party closed-source models made available under separate licenses. You agree that these rights and licenses are royalty free, transferable, sub-licensable, worldwide, and irrevocable (for so long as Your Content is stored with us), and include a right for us to make Your Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services, and to otherwise permit access to or disclose Your Content to third parties if we determine such access is necessary to comply with our legal obligations. Notwithstanding the foregoing, Company may, in the future, introduce new features or tools within the Services that allow you to license or otherwise monetize Your Content through publicly releasing the AI Model. In such cases, you may be entitled to receive royalties or other forms of compensation in connection with such licensing activities, subject to the applicable terms and conditions as updated from time to time to reflect any such changes. By creating or submitting Your Content through the Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power, and/or authority necessary to grant the rights granted herein for Your Content. You agree that Your Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above. Company shall not use Your Content, Outputs, trademarks, character likenesses, or any derivative elements for marketing, publicity, product demonstrations, promotional materials, case studies, or customer showcase examples without Customer's prior written consent.

6.4. Notice of Infringement - DMCA Policy

If you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing on the Services have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (the "DMCA"), by providing the following information in writing:

(a) identification of the copyrighted work that is claimed to be infringed;
(b) identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Service;
(c) information for our copyright agent to contact you, such as an address, telephone number, and e-mail address;
(d) a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;
(e) a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
(f) the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.

Notices of copyright infringement claims should be sent by mail to 1915 140TH AVE NE STE D2 #1235, BELLEVUE, WA 98005 Attn: [CEO] or by e-mail to info@atrium.art. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the use of Services via the Accounts of users who repeatedly infringe copyrights or intellectual property rights of others. Any user of the Services who has uploaded or posted materials identified as infringing as described above may supply a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter-notification, we may reinstate the posts or material in question, in our sole discretion. To file a counter-notification with us, you must provide a written communication (by regular mail or by email) that sets forth all of the items required by sections 512(g)(2) and (3) of the DMCA. Please note that you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others.

7. THIRD PARTY SERVICES AND MATERIALS

7.1. Use of Third-Party Materials in the Services

Certain Services may display, include or make available content, data, information, applications or materials from third parties ("Third Party Materials") or provide links to certain third-party websites (such as X, Discord, Privacy Policies, Terms of Service). By using the Services, you acknowledge and agree that Company is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or third-party websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.

7.2. Third-Party Partners

We may partner with other companies ("Third-Party Partners") to successfully provide you with some of the Services. In order to accomplish the aforementioned, we may need to share your Personal Information with the applicable Third-Party Partners so they can meet their legal and regulatory obligations. For more information, please read our Privacy Policy.

8. DISCLAIMERS, LIMITATIONS OF LIABILITY, AND INDEMNIFICATION

8.1. Disclaimers

Your access to and use of the Services are at your own risk. You understand and agree that the Services, Outputs and actions are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, Company, our parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, service providers and licensors (the "Company Entities") DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The Company Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Services or Outputs; (b) the operation or compatibility with any other application or any particular system or device; and (c) whether the Services or Outputs will meet your requirements or be available on an uninterrupted, secure or error-free basis; and (d) the deletion of, or the failure to store or transmit, Your Content and other communications maintained by the Services. No advice or information, whether oral or written, obtained from the Company Entities or through the Services, will create any warranty or representation not expressly made herein.

8.2. Limitations of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES, SUBSIDIARIES, AFFILIATES AND LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTIES (A) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES (WHETER INCURRED DIRECTLY OR INDIRECTLY), ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. THE COMPANY ENTITIES ARE NOT LIABLE FOR YOUR CONTENT ON THE SERVICES. THE COMPANY ENTITIES' TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE GREATER OF THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNT YOU PAID THE COMPANY ENTITIES, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

YOU ALSO UNDERSTAND AND AGREE THAT THE COMPANY ENTITIES, OUR PARENT, SUBSIDIARIES, AFFILIATES AND LICENSORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OUTPUTS, DIMINUTION OF VALUE OR ANY OTHER INTANGIBLE LOSS, EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS LIMITATION OF LIABILITY SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THESE TERMS.

8.3. Outputs

GenAI, Artificial intelligence and large language models are frontier technologies that continue to evolve in terms of accuracy, reliability, and safety. By using our Services, you acknowledge and agree that: (i) Outputs may not always be accurate and could contain material inaccuracies, even if they appear detailed or specific; (ii) actions performed by the Service may contain errors or may not operate as you intend; (iii) you should independently verify the accuracy of the Output before relying on them. The Services are provided based on the Inputs and Outputs ("Content") you upload. We will not use any Content created using the Services for training purposes or any other use in any Atrium Services except as may be necessary for customer support services of the customer that created the Asset and to comply with applicable law if is flagged for safety to improve our ability to detect harmful content, enforce our policies and keep the Services and any third-party safe.

8.4. Assumption of Risks

(a) You acknowledge and agree that there are inherent risks associated with the use of GenAI systems and other emerging technologies. These risks include, but are not limited to, model hallucinations, malicious attacks, hacking or other security vulnerabilities, unfavourable regulatory actions in one or more jurisdictions, potential disclosure of personal information, uninsured losses, and other unforeseen risks. You should not upload or submit any Input that contains confidential information. We assume no responsibility for any information you provide that should have been kept confidential or constitutes a trade secret.

(b) We are not responsible for how you or others use Your Content. While we make reasonable efforts to maintain safeguards and prevent the use of our Services for illegal activities, we have no control over content generated by users outside of our Platform.

8.5. Indemnification

By entering into these Terms and accessing or using the Services, you agree to defend, indemnify and hold the Company Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) incurred by the Company Entities arising out of or in connection with: (a) your violation or breach of these Terms or any applicable law or regulation; (b) your violation or infringement of any third-party rights, including intellectual property, trade secrets, or privacy rights; (c) your access to or use of the Services; (d) any violation of law in connection with Your Content, Inputs or Outputs, or (e) your negligence or wilful misconduct.

9. ARBITRATION AND CLASS ACTION WAIVER

9.1. Informal Process First

You agree that in the event of any dispute between you and the Company Entities, you will first contact Company and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action.

9.2. Arbitration Agreement and Class Action Waiver

After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, "Claim") relating in any way to your use of Company's services and/or products, including the Services, will be resolved by arbitration, including threshold questions of arbitrability of the Claim. You and Company agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the "JAMS Rules") then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Any arbitration will be conducted in the English language. Notwithstanding the foregoing, you and Company will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in "small claims" court, but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis. Any settlement offer amounts will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any. The arbitrator has the authority to grant motions dispositive of all or part of any Dispute.

9.3. Waiver of Class Actions and Class Arbitrations

You and Company agree that each party may bring Claims against the other party only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, including without limitation federal or state class actions, or class arbitrations. Accordingly, under the arbitration procedures outlined in this section, an arbitrator shall not combine or consolidate more than one party's claims without the written consent of all affected parties to an arbitration proceeding. Without limiting the generality of the foregoing, you and Company agree that no dispute shall proceed by way of class arbitration without the written consent of all affected parties.

9.4. Costs of Arbitration

Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. You are responsible for all additional costs that you incur in the arbitration, including without limitation, fees for attorneys or expert witnesses.

9.5. Exceptions

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

9.6. Severability

If any part of these arbitration terms is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class arbitration, class action, or representative action, this entire dispute resolution section will be unenforceable in its entirety.

10. ADDITIONAL PROVISIONS

10.1. Updating These Terms

We may modify these Terms from time to time in which case we will update the "Last Revised" date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail, and/or by placing a prominent notice on the first page of the Website, and/or by implementing a mandatory click-through process. In the event we implement mandatory click-through process for any material changes to these Terms, by clicking, you agree and acknowledge you have read the changes and acceptance of the modified Terms will become effective. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access, use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms.

10.2. Governing Law

The interpretation and enforcement of these Terms, and any dispute related to these Terms or the Services, will be governed by and construed and enforced under the laws of the State of Delaware, as applicable, without regard to conflict of law rules or principles (whether of Delaware or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. You agree that we may initiate a proceeding related to the enforcement or validity of our intellectual property rights in any court having jurisdiction. For any other proceeding that is not subject to arbitration under these Terms, the courts located in Delaware will have exclusive jurisdiction. You waive any objection to venue in any such courts.

10.3. Termination of License and Your Account

If you breach any of the provisions of these Terms, all licenses granted by Company will terminate automatically. Additionally, Company may suspend, disable, or delete your Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If Company deletes your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name. In the event of Account deletion for any reason, or termination of your access to the Services for any reason, Company may, but is not obligated to, delete any of Your Content. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by Company or you. Termination will not limit any of Company's other rights or remedies at law or in equity.

10.4. Data Retention and Removal Policy

When you use Paid Services, including, the paid quota of Atrium compute credits, Atrium doesn't use your prompts or training data or responses to improve our products. We only log input prompts and the output responses for a limited period of time, solely for the purpose of detecting violations of the Prohibited Use and any required legal or regulatory disclosures. This data may be stored transiently for a temporary period of time which is typically 30 days. When you are no longer using the paid services, you may request removal of all data by writing to us at info@atrium.art. Upon receiving the request, Atrium does a full data removal including but not limited to Inputs, Outputs, model weights, embeddings, and any derivative training data pertaining to your proprietary content. Atrium will notify you of completion of data deletion in writing within 30 days of receiving the request.

10.5. Injunctive Relief

You agree that a breach of these Terms will cause irreparable injury to Company for which monetary damages would not be an adequate remedy and Company shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

10.6. California Residents

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

10.7. No Professional Advice

Any information provided by or on behalf of us through the Services (including these Terms) is for informational purposes only and should not be construed as professional, accounting, tax or legal advice. You should not take or refrain from taking any action in reliance on any information contained in these Terms or on any information provided by or on behalf of us through the Services.

10.8. No Waivers

No failure or delay on our part or on the part of us in the exercise of any power, right, privilege or remedy under these Terms shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy. We shall not be deemed to have waived any claim arising out of these Terms, or any power, right, privilege or remedy under these Terms, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument duly executed and delivered on behalf of us, and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.

10.9. Certain Restrictions

We are not permitted to engage in any transactions with any person, entity, or country prohibited by any applicable export control and sanctions laws and regulations of the United States and any other applicable governmental authority, including without limitation, the U.S. Export Administration Regulations and U.S. sanctions regulations ("Export Control and Sanctions Laws"), including, without limitation, the prohibition against transactions with: (i) a national or resident of any country subject to U.S. sanctions or similar restrictions (currently, Cuba, Iran, Syria, North Korea, and the region Crimea), or (ii) anyone on the U.S. Treasury Department's list of Specially Designated Nationals or other sanctions lists.

10.10. Force Majeure

Company will not be liable or responsible to you, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any of our obligations under these Terms or in providing the Services, when and to the extent such failure or delay is caused by or results from any events beyond our ability to control, including acts of God, flood, fire, earthquake, epidemics, pandemics, tsunami, explosion, war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, government order, law, or action, embargoes or blockades, strikes, labor stoppages or slowdowns or other industrial disturbances, shortage of adequate or suitable Internet connectivity, telecommunication breakdown or shortage of adequate power or electricity, and other similar events beyond our control.

10.11. Miscellaneous

If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be assigned by Company but may not be assigned by you without the prior express written consent of Company. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Services are operated by us in the United States. Those who choose to access the Services from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.

10.12. Feedback and How to Contact Us

Feedback is very important for our processes and to improve our Services. Please note that if you decide to provide feedback as to the Outputs, we may store the conversation as part of the feedback and you agree that we may use the feedback however we choose without any obligation or other compensation to you. You may contact us regarding the Services or these Terms by e-mail at info@atrium.art