Terms of Service

Last updated: October 8, 2026

These Terms of Service (the "Terms") are a binding agreement between WickedSelf LLC, a Delaware limited liability company doing business as SmashTheFeed ("SmashTheFeed", "we", "us" or "our"), and the business or other entity that creates an account, subscribes to, or uses the Service ("Customer", "you" or "your").

PLEASE READ THESE TERMS CAREFULLY. SECTION 18 CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION AND JURY TRIAL WAIVER THAT AFFECT HOW DISPUTES ARE RESOLVED. SECTIONS 14, 15 AND 16 LIMIT OUR LIABILITY AND REQUIRE YOU TO INDEMNIFY US. YOUR SUBSCRIPTION RENEWS AUTOMATICALLY UNTIL YOU CANCEL (SECTION 6).

By checking a box or clicking a button that references these Terms, by completing checkout, or by accessing or using the Service, you agree to these Terms, our Acceptable Use Policy, our Data Processing Addendum, and any other policy these Terms reference (together, the "Agreement"). Our Privacy Policy explains how we handle personal information. If you do not agree, do not use the Service.

1. Who may use the Service

1.1 Business use only. The Service is offered only to businesses, sole proprietors acting in a business capacity, and other organizations for their commercial purposes. It is not offered to consumers for personal, family or household use. You represent that you are using the Service for business purposes.

1.2 Authority. The individual who accepts these Terms represents that they are at least 18 years old (or the age of majority where they live, if higher), and that they have authority to bind the Customer to the Agreement. If they do not have that authority, they personally accept these Terms and are personally responsible for complying with them.

1.3 Eligibility. You may not use the Service if you are located in, or are owned or controlled by a person located in, a country or region subject to comprehensive U.S. sanctions, or if you are on any U.S. government restricted-party list, or if we have previously suspended or terminated your account for a violation of the Agreement.

2. Definitions

3. The Service

3.1 What the Service does. The Service helps local businesses plan, write, review and publish social media and online content, and measure how that content performs. Depending on your plan, settings and the Connected Platforms you authorize, the Service may: analyze your website, public listings, reviews and social accounts; generate weekly content plans, captions and other Output; analyze photos and videos you upload; publish or schedule posts to Connected Platforms; read post, account and audience metrics and comments; read booking or customer records to measure results; and send you emails such as weekly briefs, upload links and account notices. We may add features in the future, which may include paid advertising management, landing pages, lead capture, booking and scheduling, text messaging, email marketing, additional social networks, and other marketing tools. These Terms apply to all such features unless separate terms are presented with them.

3.2 Changes to the Service. We may add, change, suspend or remove any part of the Service at any time, including features, integrations, AI models and providers, limits and supported Connected Platforms. If we remove a material feature you have paid for, your sole remedy is to cancel under Section 6.

3.3 Beta Features. We may offer Beta Features. The Service as a whole is currently in an early-access (beta) stage. Beta Features may be incomplete, contain errors, change or be withdrawn without notice, and are excluded from any service commitments. BETA FEATURES ARE PROVIDED "AS IS" AND "AS AVAILABLE", AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HAVE NO LIABILITY ARISING FROM THEM.

3.4 No professional advice. The Service and Output are marketing tools. They are not legal, regulatory, medical, health, financial, tax, insurance, real estate, employment or other professional advice. You are responsible for obtaining any professional advice your business needs.

3.5 No guarantee of results. We do not promise or guarantee any particular result from the Service, including any number of followers, views, reach, engagement, leads, calls, visits, bookings, sales, revenue, rankings or reviews. Forecasts, scores, "what's working" insights, confidence labels and other estimates are statistical estimates that may be wrong. Statements that a post led to a booking, visit or sale are correlations based on timing and available data, not proof of cause.

3.6 Usage limits. We may set and enforce limits on use of the Service, such as the number of plans, posts, AI generations, regenerations, uploads, file sizes, video lengths, connected accounts, locations or Users, and we may throttle, queue, delay or suspend use that exceeds those limits or that we reasonably believe is excessive, automated or abusive.

3.7 Support and availability. We provide support by email on a reasonable-efforts basis. We do not commit to any uptime, response time or service level, and no service credits apply. The Service may be unavailable or degraded because of maintenance, updates, outages of our providers or Connected Platforms, or other reasons.

3.8 Terms for specific features. These terms apply when you use the following features, now or when we add them:

4. Accounts, Users and security

4.1 Accounts. You must give accurate, current and complete information when you sign up and keep it current. You are responsible for all activity under your account and by your Users, and for your Users' compliance with the Agreement.

4.2 Sign-in security. You must keep sign-in links, one-time codes, upload links and any credentials secure and not share them outside your organization. Brief upload links let anyone who has the link upload media for that post without signing in; share them only with people you trust. Notify us promptly at privacy@smashthefeed.com of any unauthorized access. We are not liable for loss caused by unauthorized use of your account that results from your failure to keep access secure.

4.3 Multi-location and franchise accounts. If you give Users access to one or more locations or businesses, you are responsible for setting and maintaining appropriate access. If you are a franchisor, franchisee, agency or other party acting for another business, you represent that you have that business's authorization to use the Service for it and to connect its accounts.

4.4 Monitoring. We may monitor use of the Service for security, abuse prevention, compliance with the Agreement, troubleshooting and improving the Service, but we have no obligation to monitor any content or activity.

4.5 Account control disputes. If there is a dispute about who controls an account (for example between a business and a former employee, an agency, a franchisor or a franchisee), we may treat the person or entity that pays for the subscription as the account owner, and we may suspend the account until the dispute is resolved.

5. Connected Platforms

5.1 Your authorization. When you connect a Connected Platform, you authorize us to access and use your accounts on that platform as needed to provide the Service, including to read data from them and, where you enable it, to publish content to them on your behalf. You represent that you have the right to grant that access.

5.2 Third-party terms. Your use of a Connected Platform is governed by that platform's own terms and policies, including the Meta Platform Terms and Community Standards, Instagram Terms of Use, Google's terms and Business Profile policies, and TikTok's terms. You are responsible for complying with them, including platform advertising, branded content, promotion and community rules.

5.3 No control. Connected Platforms are not under our control. They may change or discontinue their products, APIs, permissions, rate limits, data access or terms at any time; reject, limit, hide, remove or fail to publish content; and restrict, suspend or close your accounts. We are not responsible for any Connected Platform, its availability, accuracy, security or actions, or for any loss of content, reach, account access or data caused by it, and the Service's features that depend on it may stop working. We do not guarantee that any content will be published at a particular time or at all.

5.4 Disconnecting. You may disconnect a Connected Platform at any time. Disconnecting stops future access through that connection but does not undo content already published or data already collected.

5.5 Public sources. You authorize us to access and analyze your website, public business listings, public reviews and public social media content about your business in order to provide the Service.

6. Subscriptions, billing, automatic renewal and cancellation

6.1 Plans and fees. Access to the Service requires a paid subscription unless we give you complimentary or trial access in writing. The plans, prices and billing periods are shown at checkout (for example, a plan billed every three months or a plan billed every year). You agree to pay all fees for your plan in advance.

6.2 AUTOMATIC RENEWAL. YOUR SUBSCRIPTION RENEWS AUTOMATICALLY AT THE END OF EACH BILLING PERIOD FOR A PERIOD OF THE SAME LENGTH, AND WE (THROUGH OUR PAYMENT PROCESSOR) WILL CHARGE YOUR PAYMENT METHOD ON FILE THE THEN-CURRENT FEE FOR YOUR PLAN, PLUS APPLICABLE TAXES, UNTIL YOU CANCEL. By subscribing, you authorize these recurring charges.

6.3 How to cancel. You can cancel at any time from the Billing page of your dashboard, or by emailing privacy@smashthefeed.com from the email address on your account. Cancellation takes effect at the end of the current billing period, and you keep access until then. To avoid the next renewal charge, cancel before the current period ends.

6.4 No refunds. EXCEPT AS EXPRESSLY STATED IN THESE TERMS OR AS REQUIRED BY APPLICABLE LAW, ALL FEES ARE NON-REFUNDABLE, INCLUDING FOR PARTIALLY USED BILLING PERIODS, UNUSED FEATURES, PERIODS IN WHICH YOU DID NOT USE THE SERVICE, DOWNGRADES AND CANCELLATIONS. Any refund or credit we choose to give is a one-time courtesy and does not oblige us to give one again.

6.5 Plan changes. If you change plans (for example, from a three-month plan to a yearly plan), the change takes effect as described at the time of the change, and our payment processor may charge or credit a prorated amount.

6.6 Price changes. We may change our prices. We will notify you by email or in the Service at least 30 days before a price change applies to your subscription. The new price applies from your next renewal after the notice period. If you do not agree, cancel before that renewal.

6.7 Renewal reminders. Where applicable law requires it, we or our payment processor will send you a reminder before an annual subscription renews.

6.8 Payment method and failed payments. Payments are processed by Stripe. You authorize us and Stripe to store your payment method and charge it for all amounts due. If a payment fails, we may retry the charge, and we may suspend or downgrade access until the amount is paid. You remain responsible for unpaid amounts, and for reasonable costs of collection.

6.9 Taxes. Fees do not include taxes. You are responsible for all sales, use, value-added, goods and services, digital services and similar taxes, other than taxes on our net income.

6.10 Chargebacks. If you dispute a charge with your bank instead of contacting us first, we may suspend your account while the dispute is open. If the dispute is resolved in our favor, you must pay the disputed amount and any fees we incur.

6.11 Third-party costs. You are responsible for any fees charged by Connected Platforms, including advertising spend, platform subscriptions, messaging fees and booking-system fees. If we add advertising management features, any ad spend is paid by you, directly or through us as agreed in writing, and is not refundable by us.

6.12 Promotions, trials and complimentary access. Promotional prices, discounts, coupon codes, trials and complimentary access are subject to the terms stated when offered, may be changed or withdrawn at any time, have no cash value, cannot be combined unless we say so, and end (or convert to a paid subscription at the then-current price, if stated when offered) when their term ends. We may end complimentary access at any time with notice.

6.13 Late amounts. Overdue amounts may accrue interest at the lower of 1.5% per month or the highest rate permitted by law, from the due date until paid.

7. Your content and data

7.1 Ownership. As between you and us, you own your Customer Data.

7.2 License to us. You grant us and our service providers a worldwide, non-exclusive, royalty-free license, for the term of the Agreement and as long as needed afterwards under Section 13, to host, copy, store, transmit, analyze, transcribe, adapt, edit (for example, to fit a platform's format), display and publish Customer Data, and to process it with artificial intelligence models, as needed to provide, maintain, secure, support and improve the Service, and as otherwise permitted by the Agreement and our Privacy Policy.

7.3 Your responsibilities for Customer Data. You are solely responsible for Customer Data and for how you use the Service. You represent and warrant that:

7.4 Our right to remove. We may, but are not obliged to, review, refuse, remove, disable or stop publishing any Customer Data or Output that we believe violates the Agreement or law or could expose us, our customers or others to harm or liability.

7.5 Sensitive Data. The Service is not designed for, and you must not upload or submit through it: protected health information under HIPAA or similar laws; information about a person's physical or mental health, treatment or condition; Social Security, driver's license, passport or other government identification numbers; financial account, card or bank numbers; precise geolocation; biometric data used to identify a person; information about children under 13; or other special or sensitive categories of personal information under applicable law ("Sensitive Data"). We are not a "business associate" under HIPAA, and we will not sign a business associate agreement. If your business is in a regulated field (for example health care, wellness, mental health, dental, med spa, legal, financial, insurance or real estate), you are solely responsible for ensuring that your content and your use of the Service comply with the rules for your field.

7.6 Backups. The Service is not a backup or archive service. You are responsible for keeping your own copies of Customer Data and Output.

8. AI features and Output

8.1 How Output is made. The Service uses artificial intelligence models, including models provided by third parties, to generate and analyze content. AI can make mistakes. Output may be inaccurate, incomplete, outdated, offensive, inappropriate for your business, or similar or identical to content generated for others, and it may contain statements about your business, prices, services, policies or results that are not true.

8.2 You must review Output. You are solely responsible for reviewing, editing and approving all Output before you use or publish it, and for confirming that it is accurate, lawful and appropriate, including any claims about your services, prices, offers, results, health or safety, before and after comparisons, testimonials and endorsements. The Service's automated checks (for example, reviewer notes, warnings or blocks) are aids only and do not guarantee that Output is accurate, compliant or safe to publish.

8.3 Automatic publishing. If you turn on any setting that publishes content without your review of each post, you authorize us to publish Output and Customer Data to your Connected Platforms without further approval, and you accept full responsibility for that content as if you had published it yourself.

8.4 Rights in Output. Subject to your compliance with the Agreement and payment of fees, we assign to you whatever rights we have in Output generated for you. We do not warrant that Output is protectable by copyright or any other right, or that it does not infringe the rights of others. Because Output may be similar to output generated for others, you do not acquire rights in Output generated for anyone else.

8.5 Disclosure. You are responsible for any disclosure that applicable law or a Connected Platform requires for AI-generated or AI-altered content, sponsored content, testimonials or endorsements.

9. Acceptable use and restrictions

9.1 You must comply with our Acceptable Use Policy, which is part of these Terms.

9.2 You must not, and must not allow anyone to: (a) copy, modify, translate or create derivative works of the Service, except as the Service's normal features allow; (b) reverse engineer, decompile, disassemble or try to discover source code, models, prompts or underlying algorithms, except where this restriction is prohibited by law; (c) sell, resell, rent, lease, sublicense, or provide the Service to third parties as a service bureau, except as we agree in writing; (d) access the Service to build a competing product, or to copy its features, content, prompts or design; (e) use the Service or Output to train, fine-tune or evaluate any artificial intelligence or machine learning model that competes with the Service; (f) scrape, crawl, or use bots or automated means to access the Service, except through interfaces we provide for that purpose; (g) probe, scan or test the vulnerability of the Service or bypass any security, rate limit, usage limit or access control; (h) interfere with or disrupt the Service or its infrastructure; (i) use the Service in violation of law or the rights of others; or (j) remove any proprietary notices.

10. Our intellectual property and feedback

10.1 Ownership. We and our licensors own the Service, including its software, models, prompts, workflows, designs, text, graphics, trademarks and all improvements to it, and all intellectual property rights in them. Except for the limited rights expressly granted in the Agreement, we grant you no rights, and we reserve all rights not expressly granted.

10.2 Access right. Subject to the Agreement and payment of fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right during your subscription to access and use the Service for your internal business purposes.

10.3 Feedback. If you or your Users give us suggestions, ideas, ratings, edits or other feedback (including edits, approvals, skips and rejections you make to Output), we may use them for any purpose without obligation or payment to you.

10.4 Aggregated Data. We may collect and create Aggregated Data and use it for any lawful purpose, including to operate, analyze, benchmark, train and improve the Service and our models, during and after the term of the Agreement. We own Aggregated Data. We will not use Aggregated Data in a form that identifies you or any individual, and we will not sell Customer Data.

11. Privacy and data protection

11.1 Our Privacy Policy describes how we handle personal information about you, your Users and visitors.

11.2 To the extent we process personal information contained in Customer Data on your behalf, our Data Processing Addendum applies and forms part of the Agreement. You are the controller (or "business") for that information and we are your processor (or "service provider").

11.3 We use subprocessors, listed on our Subprocessors page, to provide the Service.

12. Confidentiality

12.1 "Confidential Information" means non-public information disclosed by one party to the other that is marked or identified as confidential or that a reasonable person would understand to be confidential. Our Confidential Information includes the non-public parts of the Service, its pricing offered to you, and its prompts, models and methods. Confidential Information does not include information that is or becomes public through no fault of the recipient, was known to the recipient without restriction before receipt, is independently developed without use of the discloser's information, or is received from a third party without a duty of confidentiality.

12.2 The recipient will use Confidential Information only to perform under or exercise its rights in the Agreement, will protect it with at least reasonable care, and will disclose it only to its employees, contractors, advisors and service providers who need to know it and are bound by confidentiality obligations at least as protective. The recipient may disclose Confidential Information where required by law or legal process, after giving the discloser reasonable notice where legally allowed.

13. Term, suspension and termination

13.1 Term. The Agreement starts when you first accept it or use the Service and continues until your subscription ends or the Agreement is terminated.

13.2 Suspension. We may suspend or limit your access to all or part of the Service immediately, with or without notice, if we reasonably believe that: you have breached the Agreement; your use poses a security, legal, reputational or operational risk to us, the Service, Connected Platforms or others; payment is overdue; a Connected Platform requires it; or suspension is required by law. Where practical, we will tell you the reason and restore access once the issue is resolved.

13.3 Termination by you. You may cancel your subscription as described in Section 6.3, or delete your account from the Billing page. Deleting your account cancels your subscription immediately without refund.

13.4 Termination by us. We may terminate the Agreement or your account for convenience with 30 days' notice (in which case we will refund any prepaid fees for the unused part of your current billing period), or immediately with notice if you materially breach the Agreement, if we stop offering the Service, or if required by law or a Connected Platform.

13.5 Effect of termination. When the Agreement ends, your right to use the Service ends, and we may stop publishing scheduled content, disconnect Connected Platforms, and delete Customer Data in line with our Privacy Policy and Data Processing Addendum, except as required by law or permitted for backup, security, dispute or legal purposes. We have no obligation to retain or return Customer Data after termination. Content already published to Connected Platforms stays there unless you remove it.

13.6 Survival. Sections 2, 3.4, 3.5, 3.8, 4.5, 6 (for amounts owed), 7.3, 7.5, 8, 10, 12, 13.5, 13.6 and 14 through 21, and any other provision that by its nature should survive, survive termination.

14. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, OUTPUT, BETA FEATURES AND ALL RELATED CONTENT AND MATERIALS ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". WE AND OUR AFFILIATES, LICENSORS AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT CONTENT WILL BE PUBLISHED OR STAY PUBLISHED, THAT OUTPUT OR ANY INSIGHT, SCORE OR RECOMMENDATION WILL BE ACCURATE, RELIABLE, COMPLETE, LAWFUL OR SUITABLE FOR YOUR PURPOSES, OR THAT THE SERVICE WILL ACHIEVE ANY BUSINESS RESULT. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICE AND OUTPUT AND FOR ANY DECISIONS YOU MAKE BASED ON THEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU, IN WHICH CASE THEY APPLY TO THE FULLEST EXTENT PERMITTED.

15. Limitation of liability

15.1 EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, SALES, CUSTOMERS, BOOKINGS, GOODWILL OR REPUTATION, LOSS OF OR DAMAGE TO DATA OR CONTENT, LOSS OF SOCIAL MEDIA ACCOUNTS, FOLLOWERS OR REACH, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE SERVICE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15.2 LIABILITY CAP. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE AGREEMENT AND THE SERVICE, FOR ALL CLAIMS TOGETHER, WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU ACTUALLY PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT THAT FIRST GAVE RISE TO LIABILITY, AND (B) ONE HUNDRED U.S. DOLLARS (US $100). FOR BETA FEATURES AND COMPLIMENTARY ACCESS, OUR TOTAL LIABILITY IS LIMITED TO ONE HUNDRED U.S. DOLLARS (US $100).

15.3 Basis of the bargain. These limitations apply even if a remedy fails of its essential purpose. You agree that the fees reflect the allocation of risk in the Agreement, and that we would not provide the Service without these limitations. Nothing in the Agreement limits liability that cannot be limited under applicable law, such as liability for fraud.

16. Indemnification

16.1 By you. You will defend, indemnify and hold harmless us and our affiliates, officers, members, managers, employees, agents, licensors and service providers from and against all claims, demands, investigations, proceedings, losses, damages, fines, penalties, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Customer Data, or any content published through your account, including claims that it infringes or violates any person's intellectual property, publicity, privacy or other rights, or is false, misleading or unlawful; (b) your or your Users' use of the Service or Output, including publishing Output; (c) your products, services, offers, prices, promotions and business practices; (d) your or your Users' breach of the Agreement, of any Connected Platform's terms, or of applicable law (including advertising, consumer protection, privacy, marketing, telemarketing, text messaging, email and anti-discrimination laws); and (e) any dispute between you and your customers, Users, franchisor or franchisees, or any Connected Platform.

16.2 Procedure. We will notify you of a claim we seek indemnity for (though a delay in notice relieves you only to the extent you are prejudiced). You will control the defense, but you may not settle a claim in a way that admits fault by us or imposes an obligation on us without our written consent. We may take part in the defense with counsel of our choice at our own cost, and may take over the defense at your cost if you fail to defend diligently.

If you believe content in or published through the Service infringes your copyright or other rights, send a notice to privacy@smashthefeed.com that includes: your contact details; a description of the work you claim is infringed; a description of the material and where it is located; a statement that you have a good-faith belief the use is not authorized by the owner, its agent or the law; a statement, under penalty of perjury, that the information in the notice is accurate and that you are the owner or authorized to act for the owner; and your physical or electronic signature. We may remove or disable the material, notify the Customer that submitted it, and process counter-notices as the law provides. We will terminate the accounts of repeat infringers in appropriate circumstances.

18. Dispute resolution: binding arbitration and class action waiver

18.1 Informal resolution first. Before starting arbitration or a court action, the party with a dispute must send the other a written notice describing the dispute and the relief requested (for us, by email to privacy@smashthefeed.com; for you, to the email address on your account). The parties will try in good faith to resolve the dispute informally for 60 days after the notice is received. This requirement is a condition to starting arbitration, and any limitation period is paused during it.

18.2 Agreement to arbitrate. Except as stated in Section 18.5, any dispute, claim or controversy arising out of or relating to the Agreement, the Service, or the relationship between you and us, including the formation, scope, validity, enforceability or interpretation of this Section 18 ("Dispute"), will be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules then in effect, before a single arbitrator. The Federal Arbitration Act governs this Section 18. The arbitration will take place in Wilmington, Delaware, or by video conference or written submissions if the parties agree or the arbitrator so orders. The arbitrator may award any relief available in an individual court action, consistent with the Agreement's limitations, and judgment on the award may be entered in any court of competent jurisdiction.

18.3 CLASS ACTION AND JURY TRIAL WAIVER. YOU AND WE EACH AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY'S CLAIMS OR PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. If this Section 18.3 is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in court under Section 19 after the arbitration of all other claims, and the rest of this Section 18 will still apply.

18.4 Mass filings. If 25 or more similar demands for arbitration are filed against us by or with the help of the same or coordinated counsel or organizations, the parties agree that: the demands will be administered in batches of no more than 25 demands each (with one arbitrator per batch where the AAA rules permit); only one batch will proceed at a time; the AAA's Mass Arbitration Supplementary Rules apply to the extent consistent with this Section; and any limitation period for demands not yet in a batch is paused until their batch begins. A court of competent jurisdiction may enforce this Section 18.4.

18.5 Exceptions. Either party may (a) bring an individual claim in small claims court if it qualifies and stays there, and (b) seek temporary or preliminary injunctive relief in court to protect its intellectual property, Confidential Information or the security of the Service, pending arbitration.

18.6 Costs. Each party pays its own attorneys' fees and costs, and AAA fees are paid as the AAA rules provide, unless the arbitrator decides otherwise under applicable law or finds a claim frivolous.

18.7 30-day opt-out. You may opt out of this Section 18 by emailing privacy@smashthefeed.com within 30 days after you first accept these Terms, with the subject line "Arbitration Opt-Out" and your business name and account email. Opting out does not affect any other part of the Agreement.

18.8 Time limit. To the extent permitted by law, any Dispute must be started within one (1) year after it arises; otherwise it is permanently barred.

19. Governing law and venue

The Agreement and any Dispute are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules, and by the Federal Arbitration Act as to Section 18. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to Section 18, the state and federal courts located in Delaware have exclusive jurisdiction over any Dispute that is not arbitrated, and each party consents to their personal jurisdiction and venue.

20. Changes to these Terms

We may update the Agreement from time to time. We will post the updated version with a new "Last updated" date and, for material changes, give you at least 15 days' notice by email or in the Service before they take effect, unless a change is required sooner by law or relates to a new feature. Changes do not apply retroactively. Your continued use of the Service after a change takes effect means you accept it. If you do not agree to a change, you must stop using the Service and cancel your subscription before it takes effect. Changes to Section 18 will not apply to a Dispute of which we had written notice before the change.

21. General terms

21.1 Entire agreement and order of precedence. The Agreement is the entire agreement between you and us about the Service and supersedes all prior or contemporaneous agreements and understandings. If there is a conflict, the following order applies: a signed written agreement between you and us (if any), then the Data Processing Addendum (as to personal information), then these Terms, then the other policies. Terms in any purchase order or other document you provide do not apply.

21.2 Electronic communications and notices. You consent to receive agreements, notices, disclosures and other communications from us electronically, by email to the address on your account or in the Service, and agree they satisfy any requirement that they be in writing. Notices to us must be sent to privacy@smashthefeed.com. Notices are effective when sent by email.

21.3 Assignment. You may not assign or transfer the Agreement without our prior written consent. We may assign the Agreement without consent, including in connection with a merger, acquisition, reorganization or sale of assets. Any prohibited assignment is void.

21.4 Force majeure. We are not liable for any delay or failure caused by events beyond our reasonable control, including acts of God, natural disasters, epidemics, war, terrorism, civil unrest, labor disputes, government action, power or internet failures, cyberattacks, and failures or changes of Connected Platforms, hosting, AI or other service providers.

21.5 Independent parties. The parties are independent contractors. Nothing in the Agreement creates a partnership, franchise, joint venture, agency, fiduciary or employment relationship.

21.6 No third-party beneficiaries. There are no third-party beneficiaries to the Agreement, except our affiliates, licensors and service providers as to Sections 14 through 16.

21.7 Export and sanctions. You will comply with all applicable export control and sanctions laws and will not use the Service in or for any sanctioned country, region or person.

21.8 Publicity. We may identify you as a customer by name and logo in our marketing materials unless you ask us not to by emailing privacy@smashthefeed.com.

21.9 Severability and waiver. If any provision of the Agreement is found unenforceable, it will be enforced to the maximum extent permitted and the rest of the Agreement will remain in effect. A failure or delay to enforce any provision is not a waiver.

21.10 Interpretation. Headings are for convenience only. "Including" means "including without limitation". The Agreement is written in English, which controls over any translation.

21.11 Equitable relief. A breach of Sections 9, 10 or 12 may cause us irreparable harm for which money damages would not be an adequate remedy, so we may seek injunctive or other equitable relief, without posting a bond, in addition to any other remedy.

21.12 Third-party websites. The Service may link to or display content from third-party websites and services. We are not responsible for them, and your use of them is at your own risk and subject to their terms.

21.13 U.S. Government users. The Service is "commercial computer software" and "commercial computer software documentation" provided to U.S. Government users only with the rights granted to all other customers under the Agreement.

21.14 California notice. To the extent California Civil Code Section 1789.3 applies, you may 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, CA 95834, or by telephone at (800) 952-5210.

21.15 Contact. WickedSelf LLC (SmashTheFeed). Email: privacy@smashthefeed.com.