1. Description of Service

ProveAudio is a forensic audio watermarking platform that embeds imperceptible, cryptographically verifiable watermarks into audio files. These watermarks are engineered to persist through common transformations including format conversion, lossy compression, equalization, and moderate editing. The Service is designed to help creators and rights-holders establish proof of provenance and copyright ownership in audio recordings.

The Service accepts uploads in the following formats: WAV, MP3, FLAC, AAC, OGG, M4A, and AIFF.

Upon processing, the Service generates evidence packages that may include:

• Watermarked audio files with embedded forensic identifiers;
• SHA-256 cryptographic hash records of original and watermarked files;
• Ed25519 digital signatures attesting to file integrity at the time of processing;
• OpenTimestamps attestations anchored to the Bitcoin blockchain;
• Certificate documents formatted to support Federal Rule of Evidence 902(13) self-authentication standards for machine-generated records.

The Service is provided as a technical tool only. ProveAudio does not practice law, does not provide legal advice, and does not represent or warrant any particular legal outcome from use of the Service or its outputs.

2. User Accounts

Access to the Service requires a registered user account. You must provide accurate, current, and complete registration information and keep it updated throughout the duration of your account. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account, whether authorized by you or not.

You must be at least 18 years of age to create an account. By registering, you represent and warrant that you are 18 or older and have the legal capacity to enter into these Terms.

You may not share, sell, transfer, or sublicense your account to any third party. Each account is for the use of a single individual or, in the case of Business-tier accounts, a single organization whose authorized users access the Service under that account's credentials.

ProveAudio reserves the right to suspend or terminate any account that we reasonably believe has been compromised, is being used fraudulently, or is otherwise in violation of these Terms.

3. Credits and Payment

3.1 Credit-Based System

The Service operates on a monthly credit allocation system. Each watermarking and evidence-package generation operation consumes one (1) credit. Credits are allocated at the start of each billing cycle according to your subscription tier:

• Free: 3 credits per month
• Creator: 15 credits per month
• Studio: 50 credits per month
• Business: 500 credits per month

3.2 Non-Refundable

All credits and subscription fees are non-refundable. This applies regardless of whether credits were consumed, whether you are satisfied with an output, whether a generated file was admitted into evidence or used in any legal proceeding, or whether your account is terminated for any reason. Partial-month subscriptions are not pro-rated.

3.3 No Rollover

Credits do not roll over. Any unused credits at the end of a billing cycle are forfeited and do not carry forward to the next cycle. ProveAudio provides no credit for unused allocations.

3.4 Non-Transferable

Credits are non-transferable. You may not sell, gift, assign, or transfer credits to another user or account under any circumstances.

3.5 Payment Processing

Payments are processed by Stripe, Inc. pursuant to Stripe's own terms of service and privacy policy. ProveAudio does not store or process raw payment card data. By subscribing to a paid tier, you authorize Stripe to charge your payment method on a recurring monthly basis until you cancel. You are responsible for keeping your payment information current to avoid service interruption.

3.6 Tier Changes and Cancellation

You may upgrade, downgrade, or cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing cycle; no refund is issued for the remaining period. Upon downgrade, your credit allocation adjusts to the new tier at the start of the next billing cycle.

3.7 Taxes

All fees are exclusive of applicable taxes. You are responsible for any sales, use, value-added, or other taxes imposed by any jurisdiction on your purchase of Service credits.

4. Your Content and Uploads

4.1 Ownership

You retain all ownership rights, including copyright, in the audio files you upload to the Service ("Your Content"). ProveAudio claims no ownership interest in Your Content. These Terms do not transfer any intellectual property rights from you to ProveAudio.

4.2 License to Process

By uploading a file, you grant ProveAudio a limited, non-exclusive, revocable license to access, store, transmit, and process Your Content solely as necessary to deliver the requested Service — that is, to embed a watermark, generate cryptographic records, and return the processed file and evidence package to you. This license extends no further.

4.3 No AI Training

ProveAudio does not use Your Content to train, fine-tune, evaluate, or improve any artificial intelligence or machine learning model, whether operated by ProveAudio or any third party. Your audio files are processed solely for the purpose of watermarking and evidence package generation. This prohibition applies regardless of whether your account is on a free or paid tier.

4.4 File Retention and Deletion

Uploaded audio files and generated evidence packages are retained on ProveAudio's servers for a period of thirty (30) days following generation, after which they are permanently deleted from our active storage systems. You are solely responsible for downloading and maintaining your own copies of both the original files and all generated evidence packages. ProveAudio is not a backup or archival service and assumes no liability for files that are no longer available after the retention period.

4.5 Your Representations

By uploading content, you represent and warrant that:

1. You own or have all necessary rights, licenses, and permissions to upload and process the content through the Service;
2. Your Content does not infringe the intellectual property rights, privacy rights, or any other rights of any third party;
3. Your use of the Service and any evidence package generated thereby complies with all applicable laws.

5. Intellectual Property

5.1 ProveAudio Property

The Service, including all software, algorithms, watermarking technology, user interface elements, documentation, trademarks, and service marks, is owned by Luxaris Digital and is protected by United States and international intellectual property laws. Nothing in these Terms grants you any rights in ProveAudio's intellectual property beyond the limited right to use the Service as expressly permitted herein.

5.2 Feedback

If you provide ProveAudio with any suggestions, ideas, bug reports, or other feedback regarding the Service ("Feedback"), you grant ProveAudio a perpetual, irrevocable, royalty-free, worldwide license to use, incorporate, and exploit that Feedback in any manner and for any purpose, without compensation or attribution to you.

5.3 DMCA

ProveAudio complies with the Digital Millennium Copyright Act. If you believe content accessible through the Service infringes your copyright, please contact support@proveaudio.com with a written notice containing the information required by 17 U.S.C. § 512(c)(3).

6. Evidence Packages and Certificates

6.1 Nature of Output

The evidence packages and certificates generated by the Service are technical records produced by automated software systems. They document the cryptographic state of your audio file at the time of processing and may be formatted to conform to recognized evidentiary standards, including Federal Rule of Evidence 902(13) regarding self-authenticating records generated by electronic processes.

6.2 No Guarantee of Admissibility

ProveAudio makes no representation, warranty, or guarantee that any evidence package, certificate, watermark detection result, or other output of the Service will be admissible in any court, arbitration, administrative proceeding, or other legal or quasi-legal forum. Admissibility is a legal determination made exclusively by the presiding judicial officer, arbitrator, or other decision-maker, applying the rules of evidence and procedure applicable to that proceeding. That determination is entirely outside ProveAudio's control and is not affected by the technical quality or format of any evidence package we produce.

Factors that may affect admissibility, none of which ProveAudio controls, include but are not limited to: chain of custody, authentication foundation laid by counsel, applicable jurisdictional rules of evidence, judicial discretion, stipulations among parties, and the specific circumstances of each case.

6.3 No Legal Advice

The formatting of evidence packages and certificates to reference standards such as FRE 902(13) is provided as a technical convenience only and does not constitute legal advice. You should consult a licensed attorney regarding the admissibility and evidentiary strategy for any legal proceeding in which you intend to use Service outputs.

6.4 Technical Limitations

While ProveAudio watermarks are engineered to survive many common transformations, no watermarking technology is indestructible. Sufficiently aggressive processing — including deliberate adversarial attacks, extreme pitch or time shifting, or heavy distortion — may degrade or destroy watermark data. ProveAudio does not warrant that any watermark will survive any specific transformation or remain detectable under any specific conditions.

7. Self-Contained Evidence — Independent Verification

7.1 Design for Independent Verifiability

Evidence packages generated by the Service are intentionally designed to be independently verifiable without reliance on ProveAudio's systems, servers, personnel, or continued operation as a business. Each package contains all data, cryptographic material, and procedural documentation necessary for a technically competent party to verify the package's integrity using standard, publicly available open-source tools.

7.2 Components of Independent Verification

Independent verification of a ProveAudio evidence package may be performed using the following components included in or referenced by each package, without accessing ProveAudio's systems:

• SHA-256 hash verification: The recorded hash of each file can be recomputed and compared using any SHA-256 implementation;
• Ed25519 signature verification: The digital signature can be verified against ProveAudio's published public key using standard cryptographic libraries;
• OpenTimestamps verification: Blockchain timestamp attestations can be verified directly against the Bitcoin blockchain using the open-source OpenTimestamps client, independent of any ProveAudio service;
• Watermark detection: Watermark presence can be verified using ProveAudio's published detection specifications or compatible third-party forensic audio tools.

7.3 No Dependency on ProveAudio's Involvement

Evidence packages are not designed to require — and you must not represent them as requiring — any ongoing involvement, attestation, or participation by ProveAudio to establish their authenticity or integrity. The self-contained nature of the evidence package is a core feature of the Service, and you agree to present and characterize the packages accordingly in any legal or other proceeding.

7.4 ProveAudio's Survival Not Required

The validity and verifiability of an evidence package does not depend on ProveAudio's continued operation as a business. Blockchain timestamps and cryptographic signatures remain verifiable regardless of whether ProveAudio continues to operate.

8. No Expert Witness Obligation

8.1 Explicit Disclaimer of Participation

ProveAudio has no obligation whatsoever to appear as an expert witness, fact witness, or in any other testimonial capacity in any legal proceeding, arbitration, mediation, regulatory investigation, or other dispute resolution process, regardless of whether such proceeding involves you, your counterparty, or any evidence package generated by the Service.

8.2 No Obligation to Provide Testimony

ProveAudio and its owner, employees, contractors, and agents have no obligation to:

• Provide oral or written testimony in any form;
• Submit to deposition, examination, or cross-examination;
• Prepare, sign, or submit affidavits, declarations, or sworn statements;
• Provide expert opinions regarding watermarking technology, cryptographic methods, blockchain attestations, or the integrity of any specific evidence package;
• Authenticate any document, file, hash, signature, or timestamp record through testimony;
• Respond to discovery requests, subpoenas, document holds, or litigation holds, except as required by applicable law and subject to the Litigation Support Fees described in Section 8.

8.3 Self-Authentication Is the Intended Mechanism

The Service is specifically designed so that evidence packages are self-authenticating under recognized evidentiary standards. The need for ProveAudio's testimonial participation is a design failure case, not an intended use case. If your legal strategy requires ProveAudio's testimony as a necessary element, you have selected an inappropriate evidentiary approach and ProveAudio is not the correct tool for that strategy.

8.4 No Waiver by Providing Documentation

ProveAudio's provision of technical documentation, user guides, methodology papers, or any other explanatory materials does not constitute an agreement to testify or to participate in any legal proceeding, and shall not be construed as a waiver of the limitations set forth in this Section.

9. Litigation Support Fees

9.1 Compelled Participation

In the event that ProveAudio is compelled to participate in any legal proceeding by valid court order, subpoena, or other legally enforceable mandate — notwithstanding the limitations and disclaimers in Section 7 — such participation shall be subject to the Litigation Support Fee schedule set forth in this Section.

9.2 Fee Schedule

Litigation support services, including but not limited to document production, deposition preparation and attendance, expert report preparation, trial testimony, and related correspondence with counsel, are billed at the rate of:

• Rate: At Luxaris Digital's then-current published rate for litigation support services, as quoted at the time of the request
• Minimum engagement: Four (4) hours per event or appearance
• Travel time: Billed at the same rate, portal-to-portal
• Travel expenses: Reimbursed at cost, including airfare, lodging, ground transportation, and meals
• Document preparation: Billed at the same hourly rate with a two (2) hour minimum per production request

9.3 Advance Notice Requirement

A minimum of thirty (30) calendar days advance written notice is required before any compelled appearance or document production. Requests that do not provide adequate notice may be objected to on that basis. Notice must be provided in writing to support@proveaudio.com with the subject line "Litigation Support Request — [Case Name]."

9.4 Prepayment Required

All estimated Litigation Support Fees must be paid in full, in advance, before ProveAudio takes any action in response to compelled participation. ProveAudio will provide a good-faith written estimate of fees within ten (10) business days of receiving proper notice. Work will not commence until full prepayment is received. In the event that actual time incurred exceeds the estimate, additional fees are due within fifteen (15) days of invoice.

9.5 No Voluntary Expert Services

ProveAudio does not provide voluntary expert witness services, consulting services in connection with litigation, or litigation support on a contingency or success-fee basis under any circumstances.

9.6 Responsibility for Fees

The party who causes ProveAudio to be compelled to participate — whether that is you, your opposing party, or a third party — is jointly and severally liable for all Litigation Support Fees. If you are a party to the proceeding, you agree to indemnify ProveAudio for all fees, costs, and expenses arising from compelled participation, to the fullest extent permitted by law.

10. Blockchain and Third-Party Services

10.1 OpenTimestamps and Bitcoin Blockchain

The Service uses OpenTimestamps, an open-source timestamping protocol, to anchor cryptographic commitments to the Bitcoin blockchain. OpenTimestamps is operated by third parties independent of ProveAudio. The Bitcoin blockchain is a decentralized network not operated, controlled, or maintained by ProveAudio.

10.2 No Control Over Third-Party Availability

ProveAudio makes no representations or warranties regarding the availability, reliability, performance, or continued operation of OpenTimestamps, the Bitcoin network, or any other third-party service used in connection with evidence package generation. Temporary or permanent unavailability of these services may delay or prevent the creation of blockchain timestamp attestations. ProveAudio is not liable for any such delays or failures.

10.3 Third-Party Terms

Your use of the Service may involve processing through third-party platforms including Stripe (payment processing) and Google Analytics (site analytics, using property G-01CMP23488). Each such platform operates under its own terms of service and privacy policy, which govern ProveAudio's and your relationship with those platforms. ProveAudio is not responsible for the acts, omissions, data practices, or policies of any third-party service provider.

10.4 Immutability of Blockchain Records

Once a timestamp commitment is confirmed on the Bitcoin blockchain, it is immutable and cannot be removed, altered, or retracted by ProveAudio or any other party. You acknowledge and accept this characteristic of blockchain-based timestamping.

11. Acceptable Use

11.1 Prohibited Uses

You agree not to use the Service to:

1. Upload, process, or watermark audio content that you do not own or do not have sufficient rights to process;
2. Engage in copyright infringement or facilitate the infringement of any third party's intellectual property rights;
3. Fabricate, falsify, or misrepresent the provenance, creation date, or authorship of any audio file;
4. Manufacture false evidence or create evidence intended to mislead a court or other decision-maker;
5. Attempt to reverse-engineer, decompile, or extract the watermarking algorithm or any proprietary component of the Service;
6. Attempt to remove, defeat, or corrupt watermarks embedded by the Service in files not belonging to you;
7. Use automated scripts, bots, or other means to access the Service in a manner that exceeds reasonable use or circumvents credit limits;
8. Probe, scan, or test the vulnerability of the Service's systems without express written authorization;
9. Use the Service in violation of any applicable law, regulation, or court order;
10. Resell, sublicense, or offer as a service the outputs of the Service without ProveAudio's express written consent.

11.2 Consequences of Violation

Violation of these acceptable use provisions may result in immediate account suspension or termination, forfeiture of all credits without refund, and potential civil and criminal liability. ProveAudio reserves the right to report suspected illegal activity to law enforcement.

12. Termination

12.1 Termination by You

You may terminate your account at any time by canceling your subscription through your account settings and ceasing all use of the Service. Termination does not entitle you to a refund of any fees or unused credits.

12.2 Termination by ProveAudio

ProveAudio may suspend or terminate your account and access to the Service, with or without notice, for any reason, including but not limited to: violation of these Terms, fraudulent or illegal activity, non-payment, or ProveAudio's decision to discontinue the Service or any feature thereof.

12.3 Effect of Termination

Upon termination: (a) your right to access and use the Service ceases immediately; (b) all unused credits are forfeited without refund; (c) any evidence packages or files not already downloaded will be deleted within the standard retention period or sooner at ProveAudio's discretion. The following Sections shall survive termination and remain in full force and effect: Sections 4.1, 4.3, 5.2, 6, 7, 8, 10, 12, 13, 14, 15, 16, and this Section 17.3.

13. Disclaimer of Warranties

THE SERVICE AND ALL OUTPUTS THEREOF, INCLUDING EVIDENCE PACKAGES, WATERMARKED AUDIO FILES, CERTIFICATES, HASH RECORDS, DIGITAL SIGNATURES, AND BLOCKCHAIN ATTESTATIONS, ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROVEAUDIO EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY;
• WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, INCLUDING FITNESS FOR USE IN LEGAL PROCEEDINGS;
• WARRANTIES OF NON-INFRINGEMENT;
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS;
• WARRANTIES THAT WATERMARKS WILL SURVIVE ANY PARTICULAR TRANSFORMATION OR REMAIN DETECTABLE UNDER ANY PARTICULAR CONDITIONS;
• WARRANTIES THAT EVIDENCE PACKAGES WILL BE ADMISSIBLE IN ANY COURT OR PROCEEDING;
• WARRANTIES THAT EVIDENCE PACKAGES COMPLY WITH ANY SPECIFIC JURISDICTION'S RULES OF EVIDENCE OR PROCEDURE;
• WARRANTIES THAT BLOCKCHAIN TIMESTAMPS WILL BE RECOGNIZED OR ACCEPTED BY ANY COURT OR ADJUDICATOR.

Some jurisdictions do not allow the exclusion of implied warranties. In such jurisdictions, the above exclusions apply to the fullest extent permitted by law.

14. Limitation of Liability

14.1 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROVEAUDIO'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES ACTUALLY PAID BY YOU TO PROVEAUDIO IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) TWENTY-FIVE DOLLARS ($25.00).

14.2 Exclusion of Consequential Damages

IN NO EVENT SHALL PROVEAUDIO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO:

• Lost profits, lost revenue, or lost business;
• Loss of data or corruption of data;
• Failure of an evidence package or certificate to be admitted as evidence in any proceeding;
• An adverse judgment, verdict, ruling, award, or settlement in any legal, arbitral, administrative, or regulatory proceeding;
• Costs of litigation, including attorneys' fees, expert witness fees, court costs, or other litigation expenses incurred by you;
• Damages arising from reliance on any evidence package, watermark detection result, certificate, or other Service output in any legal proceeding;
• Loss of any legal claim, statute of limitations lapse, or procedural forfeiture attributable to your use or inability to use the Service;
• Damages arising from the unavailability, degradation, or failure of any third-party service, including OpenTimestamps or the Bitcoin network;
• Any other intangible loss.

THESE EXCLUSIONS APPLY EVEN IF PROVEAUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

14.3 Court Outcomes Specifically Excluded

PROVEAUDIO EXPRESSLY DISCLAIMS ALL LIABILITY FOR THE OUTCOME OF ANY LEGAL PROCEEDING IN WHICH YOU USE OR ATTEMPT TO USE SERVICE OUTPUTS. THE FACT THAT AN EVIDENCE PACKAGE WAS GENERATED BY PROVEAUDIO SHALL NOT, UNDER ANY CIRCUMSTANCES, CREATE LIABILITY ON PROVEAUDIO'S PART FOR ANY COURT DECISION, EVIDENTIARY RULING, JUDGMENT, AWARD, OR SETTLEMENT THAT YOU BELIEVE WAS INFLUENCED BY OR DEPENDENT UPON THAT EVIDENCE PACKAGE.

14.4 Admissibility Specifically Excluded

PROVEAUDIO SHALL NOT BE LIABLE FOR THE EXCLUSION, LIMITATION, OR DISCOUNTING OF ANY EVIDENCE PACKAGE BY ANY COURT, ARBITRATOR, OR OTHER DECISION-MAKER. ADMISSIBILITY RULINGS ARE WITHIN THE EXCLUSIVE PURVIEW OF THE JUDICIAL OFFICER AND ARE BEYOND PROVEAUDIO'S CONTROL.

14.5 Essential Bargain

The limitations of liability set forth in this Section reflect a reasonable allocation of risk between the parties and are a fundamental element of the basis of the bargain between you and ProveAudio. ProveAudio would not provide the Service on the terms offered without these limitations.

15. Indemnification

15.1 General Indemnification

You agree to defend, indemnify, and hold harmless Luxaris Digital and its owner, employees, contractors, agents, successors, and assigns (collectively, "ProveAudio Parties") from and against any and all claims, actions, demands, proceedings, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

1. Your use of or inability to use the Service;
2. Your Content, including any claim that Your Content infringes any third party's intellectual property or other rights;
3. Your violation of these Terms;
4. Your violation of any applicable law or regulation;
5. Any misrepresentation you make regarding the provenance, authorship, or integrity of any audio file.

15.2 Indemnification for Legal Proceedings

Without limiting the generality of Section 14.1, you specifically agree to defend, indemnify, and hold harmless the ProveAudio Parties from and against any and all claims, liabilities, costs, and expenses — including attorneys' fees, expert witness fees, deposition costs, and any Litigation Support Fees incurred under Section 8 — arising from or relating to your use of any evidence package or other Service output in any legal proceeding, arbitration, mediation, regulatory investigation, or dispute resolution process. This indemnification applies regardless of whether the evidence package was admitted, rejected, or never presented, and regardless of the outcome of the proceeding.

15.3 Subpoenas and Compelled Process

You further agree to indemnify the ProveAudio Parties for all costs and fees incurred in responding to any subpoena, document demand, court order, or other compelled legal process arising from your use of the Service, including all Litigation Support Fees set forth in Section 8 and all reasonable legal fees incurred in quashing, limiting, or responding to such process.

15.4 Defense and Control

ProveAudio reserves the right to assume exclusive control of the defense of any matter for which you are obligated to indemnify the ProveAudio Parties, at your expense. You agree to cooperate fully with ProveAudio's defense of such matters and shall not settle any claim that imposes obligations on or adversely affects ProveAudio without ProveAudio's prior written consent.

16. Dispute Resolution

16.1 Informal Resolution

Before initiating any formal dispute proceeding, you agree to contact ProveAudio at support@proveaudio.com and attempt in good faith to resolve the dispute informally. ProveAudio will attempt to respond within thirty (30) days. If the dispute is not resolved within sixty (60) days of your initial notice, either party may proceed to binding arbitration as described below.

16.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally shall be resolved by binding individual arbitration, rather than in court. Arbitration shall be conducted by JAMS pursuant to its Streamlined Arbitration Rules and Procedures (for claims under $250,000) or its Comprehensive Arbitration Rules and Procedures (for claims of $250,000 or more), as applicable. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms, including whether this arbitration agreement is valid or enforceable.

16.3 Class Action Waiver

YOU AND PROVEAUDIO EACH WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING. ALL DISPUTES MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY. If a court or arbitrator finds this class action waiver unenforceable as to any claim, that claim shall be severed and resolved in court, with all remaining claims proceeding in individual arbitration.

16.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent immediate and irreparable harm pending the conclusion of arbitration. ProveAudio may also pursue collection of undisputed fees or Litigation Support Fees in a court of competent jurisdiction.

16.5 Arbitration Location and Costs

Arbitration shall be conducted in San Francisco, California, or by videoconference at the arbitrator's discretion. JAMS filing fees shall be governed by JAMS fee schedules. The arbitrator may award any remedy available at law or in equity, subject to the limitations set forth in these Terms. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

16.6 Time Limitation

Any claim arising under these Terms must be filed within one (1) year after the claim arose, or it is permanently barred. This limitation period is shorter than may otherwise be provided by applicable law, and you expressly agree to this shortened period.

17. Governing Law

These Terms and all matters arising out of or relating to them shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. To the extent any dispute is not subject to arbitration under Section 15, you and ProveAudio consent to the exclusive personal jurisdiction of and venue in the state and federal courts located in San Francisco County, California, and waive any objection to such jurisdiction or venue.

18. Changes to Terms

ProveAudio reserves the right to modify these Terms at any time. When we make material changes, we will update the Effective Date at the top of this document and, where practicable, provide notice via email to the address associated with your account or via a notice on the Service. Your continued use of the Service after the effective date of any modification constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the Service and cancel your account.

19. Contact

For questions, support requests, or legal notices, contact:

Notices required under these Terms (including litigation support notices under Section 8 and dispute notices under Section 15.1) must be sent by email to the address above with a subject line that clearly identifies the nature of the notice.