TERMS OF SERVICE
Last updated October 2, 2026
AGREEMENT TO OUR LEGAL TERMS
We are ProductLobster LLC ("Company," "we," "us," "our"), a company registered in New York, United States at 418 Broadway, Ste N, c/o Northwest Registered Agent, Albany, NY 12207.
We operate the website https://www.productlobster.ai (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
ProductLobster provides a hosted, AI-assisted product management service (the "Service") for businesses and individuals who build products, including those without a dedicated product management team. Users describe a product idea or an existing product, and the Service runs structured, multi-step analyses. These analyses cover customer research, competitive analysis, customer demand, strategic framing, solution design, clickable prototypes, product requirements documents, and prioritized action plans. Users can review, edit, and approve results at checkpoints along the way.
Each product has a workspace. The workspace keeps the user's inputs, uploaded documents, analyses, decisions, and conversations, and builds a persistent knowledge base from them. This lets later analyses and the workspace chat assistant draw on earlier work. The Service may also search the public web to support its research.
The Service is offered through our website at productlobster.ai, the web application at app.productlobster.ai, and our published APIs. The APIs include a Model Context Protocol (MCP) server and the plob command-line tool, which let users reach the Service from third-party AI tools and development environments. To produce outputs, the Service sends user content to third-party AI and infrastructure providers that process it on our behalf. Outputs are generated by artificial intelligence. They may be incomplete or inaccurate, and they are provided to inform the user's own decisions, not to replace them.
You can contact us by phone at 646-298-3650, email at [email protected], or by mail to 418 Broadway, Ste N, c/o Northwest Registered Agent, Albany, NY 12207, United States.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and ProductLobster LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms are incorporated into these Legal Terms when they are expressly identified as applicable to the feature or purchase you use, made available to you, and accepted where required by applicable law. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will identify revisions by updating the "Last updated" date and will provide advance notice of material changes through email or an in-product notice, including the effective date, except where applicable law permits or requires a different process. Subscription changes remain subject to Section 6. It is your responsibility to periodically review these Legal Terms to stay informed of updates. Where permitted by applicable law, your continued use after the notified effective date constitutes acceptance of the revised Legal Terms; where affirmative acceptance is required, we will obtain it before applying the change to you. Changes will not retroactively expand our rights to use previously submitted Customer Content without any notice and permission required by applicable law.
The
Services are intended for users who are at least 18 years old. Persons under the age
of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Account registration and use of the hosted application, APIs, MCP server, and plob command-line tool are currently offered only to users located in the United States. Availability of our public website elsewhere does not constitute an offer of account-based Services in another country or remove any obligations imposed by applicable law.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA). You must not submit protected health information, payment-card details, financial-account credentials, Social Security numbers or other government identifiers, biometric identifiers, children's personal information, highly sensitive personnel records, passwords, API keys, private keys, session tokens, or information that you are prohibited by law or contract from submitting to the Services. This restriction does not prevent you from using our designated authentication controls or Stripe's payment forms for their intended purposes. The Services do not automatically detect or prevent every prohibited submission.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including our source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the "Content"), but excluding your Contributions and Output as defined below, as well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your personal use or internal business purposes, including commercial product work, subject to your separate rights in Contributions and Output under Section 10.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly gained access,
solely for your personal use or internal business purposes, including commercial product work, subject to your separate rights in Contributions and Output under Section 10.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: [email protected]. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions
Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By voluntarily sending us nonconfidential suggestions or feedback specifically about improving the Services ("Submissions"), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, and incorporate those Submissions into our products and services without acknowledgment or compensation to you. Submissions do not include your Contributions, Output, confidential business information, support materials, or consumer reviews, and this provision does not transfer ownership of those materials or restrict your right to provide an honest review.
You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:
- confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
- warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
- warrant and represent that your Submissions do not constitute confidential information.
You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
By using the Services, you represent and warrant that: (1) all registration information you submit
will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a
minor in the jurisdiction in which you reside; (5) you will access the Services through automated or non-human means only through our published APIs, MCP server, plob command-line tool, or other interfaces we expressly authorize, and in accordance with their documented permissions and usage limits; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You agree to protect your password, API keys, and other access credentials and are responsible for activity you authorize through your account, including activity initiated by a third-party AI client or agent. Within the permissions you grant, such clients or agents may read or change workspace information, initiate workflows, and consume your usage allowances. Information returned to a third-party client may be processed under that client's and its providers' terms and privacy policies. You must promptly revoke compromised or unwanted access and notify us of unauthorized use. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
We accept the following forms of payment:
- Visa
- Mastercard
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. If a subscription payment becomes past due, a seven-day grace period applies before new generation is suspended. Existing content remains available on a read-only basis, subject to account restrictions, deletion requests, and the retention practices described in the Privacy Policy. Sales tax will be added to the price of purchases as deemed required by us. We may change prices for future purchases, but changes to an existing subscription are subject to Section 6 and do not change the price of a paid term already purchased. All payments shall be in US dollars.
You agree to pay the charges and applicable taxes disclosed before you confirm a purchase and authorize us to charge your chosen payment method for that purchase. Add-ons are separate, one-time purchases and are not automatic overage charges. Their included usage and any expiration, rollover, or post-cancellation restrictions will be disclosed before purchase and will not be applied retroactively. We reserve the right to correct errors or mistakes in pricing, subject to Section 6 and applicable law. A pricing correction does not retroactively change the price of a paid term already purchased or authorize an additional charge without any consent required by these Legal Terms or applicable law. If we cancel a purchase because of a pricing error, we will refund any amount paid for the canceled portion.
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
6. SUBSCRIPTIONS
Billing and Renewal
Your paid subscription will continue and automatically renew for the disclosed renewal period unless canceled. By affirmatively accepting the recurring-payment terms presented at checkout, you authorize us to charge your payment method for the disclosed initial and renewal charges until cancellation, subject to the notice and consent requirements described below. We will provide a confirmation you can retain and any renewal or promotional-expiration notices required by applicable law. Your monthly or annual billing period, amount charged in advance, included usage, renewal terms, and any promotional price and subsequent price will be disclosed before you purchase.
Private Beta and Free Trial
During our private beta, users accepted by invitation receive 30 days of access to the Services at the usage limits of our Pro plan, beginning when you accept your invitation ("Beta Access"). The Pro-plan usage limits are described on our pricing page, and we will email you your Beta Access end date. Safeguards against unusually high usage may also temporarily pause new generation requests. Beta Access is your free trial. It does not require a payment card and does not automatically convert to a paid subscription. When Beta Access ends, you cannot start new generation requests, edit content, or upload files unless you affirmatively purchase a paid subscription, except for the limited workspace chat described below. Analyses started before Beta Access ends may continue to completion, subject to the other provisions of these Legal Terms. You can continue to view, download, and delete content you created using the features provided for those purposes, and use workspace chat subject to a daily limit, subject to the access and retention practices described in these Legal Terms and the Privacy Policy. The available download features do not constitute a complete export of all account or system records and do not limit any data-access or portability rights you may have under applicable law. Where we offer a free trial outside the private beta, its duration and usage limits will be disclosed before registration, and the same no-card, no-automatic-conversion terms apply.
Cancellation
You can cancel your subscription online at any time, using the cancellation option provided with your subscription or by emailing [email protected]. You will not be required to complete a telephone call to cancel. Cancellation stops future renewals immediately, while paid access continues through the end of the current paid term unless you request an earlier closure or access is suspended under these Legal Terms. Cancellation does not itself delete your account or workspaces. Except as required by law or expressly offered at purchase, we do not provide a refund solely because you cancel or leave usage unused. If we discontinue your prepaid service or terminate it without your breach, we will refund the unused portion of the prepaid term and any purchased add-ons that we will no longer honor. These refund obligations apply notwithstanding contrary language elsewhere in these Legal Terms. If you have any questions or are unsatisfied with our Services, please email us at [email protected].
Fee Changes
7. SOFTWARE
We may include software for use in connection with our Services. If such software is accompanied by an end user license agreement ("EULA"), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then we grant to you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our services and in accordance with these Legal Terms. Any software and any related documentation is provided "AS IS" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or performance of any software. You may not reproduce or redistribute any software except in accordance with the EULA or these Legal Terms.
8. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. You may use the Services for lawful personal and business product work, including commercial endeavors, subject to these Legal Terms and your subscription or other applicable usage limits.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services without our written permission, except to retrieve your own Contributions and Output, or other material you are authorized to access, through our provided download features or authorized interfaces.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Make unlawful threats or defamatory statements concerning us or the Services; this restriction does not prohibit honest reviews, lawful criticism, or reports to regulators or other authorities.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Services.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in automated use of the Services other than through our published APIs, MCP server, plob command-line tool, or other expressly authorized interfaces, or use automation to circumvent permissions, security controls, or usage limits.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services' software except as permitted by its applicable license or these Legal Terms; this restriction does not prohibit your permitted use or modification of code or prototypes included in your Output under Section 10.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Except for standard search engine or Internet browser usage and access through our published APIs, MCP server, plob command-line tool, or other expressly authorized interfaces, use, launch, develop, or distribute any automated system that accesses the Services, or use or launch any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Services.
- Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Resell or sublicense access to the Services, or copy our proprietary platform software or non-public platform materials to offer a competing service, without our prior written permission; this restriction does not prohibit lawful commercial product work or your permitted use of Contributions and Output.
- Use the Services to send unsolicited advertisements or unauthorized solicitations to other users; this restriction does not prohibit creating lawful marketing or sales materials for your own products.
- Sell or otherwise transfer your profile.
9. USER GENERATED CONTRIBUTIONS
The Services allow you to submit product descriptions, prompts, uploaded files, URLs, chat messages, edits, and other materials to your workspaces (collectively, "Contributions"). We do not make your workspace Contributions publicly available or available to other users merely because you submit them. Contributions may be accessed or processed by us, our service providers, and third-party clients you authorize as described in these Legal Terms and the Privacy Policy. As such, any Contributions you transmit may be treated in accordance with the Services' Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us and our service providers to use your Contributions in any manner contemplated by the Services and these Legal Terms.
- You have the permissions or other lawful authority required to submit personal information, names, or likenesses concerning other people and to authorize their processing as described in these Legal Terms and the Privacy Policy, including providing notices and obtaining consent where required.
- You will not knowingly submit false or misleading Contributions for fraudulent or deceptive purposes; this does not prohibit submitting drafts, hypotheses, fictional examples, or unverified source material for analysis.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not unlawfully harass, threaten, or defame anyone; this restriction does not prohibit honest reviews or lawful criticism.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
10. CONTRIBUTION LICENSE
You grant us a non-exclusive license to host, copy, process, transmit to our service providers, and create analyses and other derived materials from your Contributions to provide, support, secure, evaluate, and improve the Services, as described in the Privacy Policy and subject to your choices and any applicable data processing agreement. This license applies only for the disclosed purposes and retention periods and does not authorize unrelated commercialization of your Contributions. We will treat non-public Contributions and Output as confidential and limit access and disclosure to authorized personnel and service providers that need access for those purposes, recipients you authorize, and disclosures required by law. This confidentiality obligation does not apply to information that is lawfully public, lawfully received without a confidentiality restriction, or independently developed without using your confidential information. Where legally permitted, we will give you notice of legally compelled disclosure and limit disclosure to what is required. We will not use your name, logo, confidential information, screenshots, or Output in public marketing without your separate permission.
We may use voluntary product feedback that qualifies as a Submission under Section 2 on the terms stated in that section.
We do not assert any ownership over your Contributions. You retain your rights in your Contributions. As between you and us, we assign to you any rights we hold in analyses, documents, code, prototypes, and other results generated specifically for you in response to your Contributions ("Output"), including for commercial use. This assignment does not transfer rights in our pre-existing platform materials or third-party materials; to the extent our pre-existing materials are incorporated into Output, we grant you a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute those materials solely as part of that Output. Output may not be unique or eligible for intellectual property protection and may be subject to third-party rights. You must review Output, including its accuracy, sources, permissions, and suitability, before relying on or distributing it. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are responsible for your Contributions and for having the rights necessary to submit them; our responsibility for our own handling of Contributions remains subject to these Legal Terms and applicable law.
11. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
12. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
13. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://www.productlobster.ai/privacy. Our Privacy Policy describes how we process personal information and is incorporated into these Legal Terms; acknowledging it does not replace any separate consent required for particular processing. Our primary hosting is in the United States, but our service providers may process information in other countries depending on the services and routing used. We remain responsible for complying with applicable transfer requirements; continued use of the Services is not a substitute for any legally required transfer mechanism or separate consent.
14. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. Termination or account closure does not affect rights or obligations that accrued before it. The intellectual property and Output rights, confidentiality obligations, accrued payment and refund obligations, disclaimers and limitations of liability, indemnification obligations relating to pre-termination conduct, governing-law and dispute-resolution provisions, and provisions necessary to give them effect survive termination to the extent applicable. This does not extend any permission to retain or use Contributions beyond the purposes and retention periods permitted by these Legal Terms and the Privacy Policy. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, SUBJECT TO APPLICABLE LAW AND OUR EXPRESS NOTICE AND REFUND OBLIGATIONS, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED IN OUR SOLE DISCRETION, SUBJECT TO APPLICABLE LAW AND OUR EXPRESS NOTICE AND REFUND OBLIGATIONS.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
15. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. Our rights to modify, change prices, suspend, or discontinue the Services remain subject to Section 6, our express notice and refund obligations, and applicable law.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. Subject to our express obligations and applicable law, liability for loss, damage, or inconvenience caused by downtime or discontinuance is governed by Sections 19 and 20. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith, except for our express obligations concerning purchased Services and applicable law. Features identified as beta, preview, experimental, or early access may be incomplete, may change or be discontinued, and are not a commitment to release a commercial version. Free beta participation does not authorize us to charge you or convert your account to a paid subscription without your affirmative purchase.
16. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be entirely performed within the State of New York, without regard to its conflict of law principles.
17. DISPUTE RESOLUTION
Binding Arbitration
Before starting arbitration concerning a dispute arising from these Legal Terms or the Services ("Dispute"), either party may send the other written notice describing the Dispute and requested resolution; notices to us may be sent to [email protected]. The parties will attempt in good faith to resolve the Dispute for 30 days after receipt of that notice, except where earlier filing is needed to preserve a legal deadline or obtain urgent relief. If unresolved, the Dispute will be finally resolved by binding arbitration, except for the matters expressly excluded below; the informal process is not a prerequisite to an eligible small-claims action. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules where applicable and otherwise under its Commercial Arbitration Rules, together with applicable supplementary rules and fee schedules, available from the AAA. Arbitration fees and arbitrator compensation will be allocated under the applicable AAA rules and fee schedule; for consumer disputes, we will pay the amounts those rules allocate to the business, and you will not be required to pay amounts allocated to us. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and judicial review of an award is limited to the grounds available under applicable arbitration law. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Westchester, New York. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If a Dispute proceeds in court rather than arbitration, it must be brought exclusively in the state courts in Westchester County, New York, or the United States District Court for the Southern District of New York where federal jurisdiction exists, and the parties consent to personal jurisdiction and venue in those courts, except that either party may bring an eligible individual claim in a small-claims court with jurisdiction and mandatory consumer venue rights remain unaffected. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.
Except where applicable law prohibits a shorter contractual limitation period, no Dispute brought by either Party related in any way to the Services shall be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; (c) any claim for injunctive relief; and (d) any eligible individual claim pursued in small-claims court. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
18. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, subject to the notice, consent, pricing, and refund provisions of these Legal Terms and applicable law.
19. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
20. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATING TO THE SERVICES, REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED THE GREATER OF US $100 OR THE TOTAL AMOUNT YOU PAID US FOR THE SERVICES DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. THIS LIMIT DOES NOT REDUCE OUR EXPRESS REFUND OBLIGATIONS OR LIMIT LIABILITY THAT CANNOT LAWFULLY BE LIMITED. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
21. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of: (1) your use of the Services in violation of these Legal Terms or applicable law; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
22. USER DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. You should maintain independent copies of important information and available downloads of your work; any backups maintained for service operation do not guarantee recovery of every item or replace your own copies. Our liability for loss or corruption of data is subject to Sections 19 and 20 and any rights or obligations that cannot be excluded under applicable law.
23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
24. CALIFORNIA USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
25. MISCELLANEOUS
These Legal Terms, the Privacy Policy incorporated under Section 13, and any supplemental terms or documents incorporated in accordance with the introduction to these Legal Terms constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
26. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
ProductLobster LLC
418 Broadway, Ste N
c/o Northwest Registered Agent
Albany, NY 12207
United States
Phone: 646-298-3650