Terms of Service

This website, services and Izyu applications are owned and controlled by 99 Robots LLC (dba Izyu.com) unless otherwise indicated.

By accessing or using the Izyu website, services, or Izyu applications including mobile applications, made available by Izyu (collectively Service(s)) however accessed, you agree to be bound by these Terms of Use (“TOS”).

These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use (TOS), do not access or use the Service(s). By accessing, obtaining or using the services you agree to be bound by the Terms of Use.

1. ARBITRATION NOTICE

EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND IZYU WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

General Description

Izyu connects businesses (“Brands”) and the Izyu user community (“Creators”) to exchange UGC content.

2. Basic Terms

2.1 If you use any of our Services, you are agreeing to these Terms and our Privacy Policy.

2.2 Izyu is not affiliate with any partner nor responsible for the functionality, support, or ongoing operations of any product sold on the Izyu platform. Similarly, Izyu is not affiliated with Facebook, Google, Instagram, Twitter, or any social media site or service except as a user or advertiser or Facebook, Google, Twitter, Instagram third-party partners or other social media services or providers.

2.3 You agree that it is your sole responsibility to comply with the Terms of Izyu rules and all laws, rules, and regulations that apply to you concerning the services or products sold on the Izyu platform. This includes but not limited to Copyright, Trademark, Fair Use, Privacy or any other Intellectual Property rights.

2.4 Izyu is not responsible for any or all actions that you take or perform on sites, apps, or platforms outside the Izyu platform. The appropriateness or legal status of any actions related to your account is solely your responsibility.

2.5 Obtaining or accessing Izyu services and maintaining the accuracy of your account is your responsibility to update.

2.6 We reserve the right to modify, suspend or limit any offered service(s) at any time without notice. Izyu when possible will apply its best efforts to provide reasonable notice to you when such change is or has occurred.

Izyu may at its sole discretion modify or terminate any and all service(s) when Izyu becomes aware of a violation by you or your agent, or a breach of any applicable rule, regulation or law that you are subject to without prior notice to you.

3. General Terms

3.1 You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on your profile(s) or within your account(s) on third party partners.

3.2 You also represent that all information you provide or provided to Izyu upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.

3.3 You are responsible for keeping your password secret and secure. Izyu will use its best efforts to use current Industry Standards for File storage and security to include encryption to protect credentials you have submitted to Izyu system.

3.4 You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the social media sites that are provided service(s) offered by Izyu, including, without limitation, any person’s personal and confidential information including but not limited to credit card information, national identity numbers, non-public phone numbers, or non-public email addresses.

3.5 You may not use service(s) offered by Izyu for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of Content posted or supplied by you (defined as any posting by you to your social media accounts), including but not limited to, copyright laws.

3.6 You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) via information or sites that are displayed by Izyu.

3.7 Violation of these Terms of Use may, in Izyu’s sole discretion, result in termination of your Izyu’s services. You understand and agree that Izyu cannot and will not be responsible for the Content posted on partners’ sites, social media sites, or other third party platforms. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Izyu we may stop providing all or part of the Service(s) to you.

4. General Conditions

4.1 We reserve the right to modify or terminate in whole or part Service(s) without notice, at any time, and without liability to you. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.

4.2 We reserve the right, in our sole discretion, to change these Terms of Use from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on our website or via e-mail, and that your use of the Service(s) or accessing the Izyu website after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use and receiving Service(s) from that point forward. These Terms of Use will govern any disputes arising before the effective date of any Updated Terms.

4.3 We reserve the right to refuse access to the Izyu Service(s) to anyone for any reason at any time.

4.4 You are solely responsible for your interaction with other users whether online or offline. You agree that Izyu is not responsible or liable for the conduct of any user or member of your target audience.

4.5 Izyu is under no obligation to monitor or become involved in disputes between you and other users.

4.6 Izyu is not responsible for any content posted on any third party site(s) that you have agreed to receive service(s) from. Izyu does not check copyright, trademark or other Intellectual property rights associated with the content you post. You are solely responsible for any content you post on any site in any manner.

4.7 You agree that you are solely responsible for any and all violations of Intellectual Property laws, regulations, or customs and you certify by accepting service(s) from Izyu that you have the right to use all content posted by you on any site.

4.8 You represent and warrant that:

4.8.1 you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use;

4.8.2 the posting and use of your Content does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights;

4.8.3 you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on any site that is receiving services from Izyu or on Izyu site; and

4.8.4 you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.

4.9 If Izyu is notified by an appropriate party or authority as determined by Izyu at its sole discretion that any or all of your sites, statements, or products repeatedly infringe other people’s intellectual property rights, we may cease and terminate all Izyu’s services without refund of any earned amounts as of the date of termination.

5. Intellectual Property Rights

5.1 Izyu allows Brands to connect with the users and purchase or request user-generated content in order to: acquire Creators’ video and audio content, created specifically for the Brand pursuant to a request submitted by Brand on the Platform.

5.2 “Intellectual Property Rights” means all present or future intellectual property rights of whatever nature anywhere in the world for their entire validity period including, but not limited to, rights in respect of or in connection with copyright, performer‘s rights, moral rights, trademarks, service marks, trade names, domain names, right of publicity, right to an image, patents, designs, and similar rights, whether or not registered or able to be registered, and includes the right to apply for the registration of such rights, anywhere in the world. Brand acquires all right, title, and interest in all Intellectual Property Rights to the Content, created by Creator and uploaded onto the Izyu Platform that pertains to the Brand’s product. Subject to the license granted by Brand to Izyu in paragraph 6.5.2.2 such Content, created by Creator and uploaded onto the Izyu Platform, can also be used by Izyu for Izyu’s social media, advertising and other purposes both within and outside of Izyu platform. NOTE: Content cannot be used by Brand for AI training purposes unless granted by Izyu.

6. Terms Applicable for Creators

6.1 Creator Eligibility

6.1.1 Any person must be 18 or older to register Creator Account on the Izyu Platform.

6.1.2 In order to participate in any tasks and earn compensation on the Izyu Platform, Creators must meet the following minimum standards:

6.1.2.1 Creator’s social media channels (including, but not limited to, Instagram, Tik Tok, and Facebook) may not contain any inappropriate, unethical, disrespectful content or content that is contrary to these Terms of Service or to the terms of use of the relevant social media platform of the Creator’s social media channels. If Creator does not meet this standard, Creator may not be able to participate in task or access the full functionality of the Platform.

6.2 Creator Compensation

6.2.1 Creators are compensated for the Content they create after the Content is uploaded to the Platform and accepted by Brand.

6.2.2 Creator agrees that by uploading the Content to the Platform, Creator transfers all right, title, and interest in all Intellectual Property Rights to the Content to Brand, and must not post such Content on Creator’s own social media channels, unless so permitted by Brand.

6.4 Terms for Participating in a task

6.4.1 Content must adhere to the requirements contained in these Terms of Service, and requirements imposed by Brand and Izyu at the time of submitting the Content for approval. Brand or Izyu may reject Content which does not comply with this condition until all requirements are met.

6.4.2 Creator warrants, in respect of each piece of Content created for tasks, that:

6.4.2.1 Creator is of legal age to create, own and operate social media channels;

6.4.2.2 Creator owns the Intellectual Property Rights in the Content and is not restricted to execute Creator‘s obligation to assign the Intellectual Property Rights in the Content to the Brand in the manner set out in these Terms of Service;

6.4.2.3 the Content does not violate the privacy rights, contract rights or other rights (including Intellectual Property Rights) of any person, corporation or entity;

6.4.2.4 the Content does not contain any misrepresentation or suggestion that Creator or any third party has the approval or sponsorship of any other party which Creator or such third party does not have;

6.4.2.5 any and all statements in the Content regarding Creator’s use and experience of the Brand or the Brand’s products or services are true and correct and representative of Creator’s opinion regardless of whether Creator is paid for such content or not, and fairly represent Creator’s use and experience and Creator will promptly notify Izyu if Creator’s opinion of the Brand changes from that which Creator has expressed to date;

6.4.2.6 the relevant Content does not contain any representations or material which Creator knows or suspects (or ought reasonably to have known or suspected) to be false, misleading or deceptive;

6.4.2.7 the relevant Content is original and does not contain materials that have been previously broadcast, streamed, published, posted onto any social media channel, or otherwise communicated to the public by Creator in any way and does not contain materials that have been used in previous marketing materials or promotions for any third party or which otherwise infringe the rights of any third party;

6.4.2.8 Creator has not entered into any other agreement, arrangement or understanding with any guild, union, industrial organization or other third party which prevents or limits Creator from adhering to these Terms of Service, performing Creator’s obligations or granting the rights and benefits set forth herein, or result in a conflict of interest;

6.4.2.9 the use of the Content and the exercise of the Intellectual Property Rights in the Content by the Brand and Izyu will not infringe any Intellectual Property Rights or other legal rights of any person or entity, nor give rise to a liability or any obligation to pay compensation to any person or entity.

6.5 Rights in Content

6.5.1. All right, title and interest in all Intellectual Property Rights in Content created will be transferred to the Brand. Izyu reserves the right to also use the Content created for Izyu’s own marketing and advertising purposes both on and outside the Izyu Platform. NOTE: Content cannot be used by Brand for AI training purposes unless granted by Izyu.

6.5.2 In consideration of Payment for the Content, the Creator agrees to grant in respect of each and every piece of Content:

6.5.2.1 the right to edit and re-format the Content into such formats or versions for use by Brand in such media as Brand requires;

6.5.2.2 a  transfer and assignment to Brand of all right, title, and interest in all Intellectual Property Rights to the Content created by Creator and uploaded onto the Izyu Platform that pertains to the Brand’s product, without further notification to or consent of the Creator or any further compensation payable to the Creator. Brand grants Izyu a royalty-free, perpetual, worldwide, irrevocable, non-exclusive, transferable license to use, edit, and re-format the Content for the sole purpose of marketing and promoting Brand and/or Izyu (and the Izyu products and services to which this Agreement pertains), without further notification to or consent of the Creator or any further compensation payable to the Creator. NOTE: Content cannot be used by Brand for AI training purposes unless granted by Izyu;

6.5.2.3 the right to Brand to use the Creator’s identity, Creator’s and third party copyrighted work and performance in the Content and to communicate the Content to the public in all languages, in all media including but not limited to: in all online paid media (including but not limited to digital banners); in all online owned media (including but not limited to the website of Izyu and internal communications of Izyu); in all social media (including but not limited to the social media channels of Brand); in any other media (including internet website, television and radio) and in any earned media or public relations activity published by a third party (including but not limited to public or private event and print, digital and/or social media). NOTE: Content cannot be used by Brand for AI training purposes unless granted by Izyu;

6.5.2.4 the right to use, share, comment upon and re-post the relevant Content in all media, including social, online, digital or other media communication channel upon which the Content was published. NOTE: Content cannot be used by Brand for AI training purposes unless granted by Izyu;

6.5.3 Creator acknowledges and agrees that Brand will not be required to remove from any of its social, online, digital or other media communication channel any Content or its part or any comment, share or re-post of Content. NOTE: Content cannot be used by Brand for AI training purposes unless granted by Izyu.

6.5.4 Creator acknowledges and agrees that upon uploading the Content to the Platform, the Content and all Intellectual Property Rights subsisting in Content irrevocably and immediately becomes the property of Brand. This assignment is absolute, worldwide, indefinite and for all uses and purposes including, without limitation the re-assignment of the Content to any other person or entity, licensing the Content to any other person or entity, the making of any modifications, enhancements, adaptations or versions of the Content, creating derivative works, and including any releases of the post in any medium. Creator agrees that Creator will, upon request by Izyu, execute all documents and provide all information necessary to perfect Brand’s title in all Intellectual Property Rights in the Content.  Creator releases Brand and Izyu, their directors, officers, employees, successors, and assigns from all liability from any claims by Creator in connection with Content uploaded at Brand’s or Izyu’s request. NOTE: Content cannot be used by Brand for AI training purposes unless granted by Izyu.

6.5.5 Creator acknowledges and agrees that Content must not be posted to Creator’s channels or published in any other way under any circumstances, including re-posting or commenting upon the Content after it has been posted or shared by Izyu or a Brand. In addition to Creator‘s obligation specified in item 6.4.2.8 of the Agreement, upon upload of the Content to the Platform the Creator irrevocably undertakes, without the prior written consent of Brand, not to utilize, transmit, share, disseminate, or otherwise make public Content or any of its part.

6.5.6 By uploading Content to the Platform, Creators grants to Brand and Izyu and its successors, licensees and assigns, to the maximum extent permitted by law, an unconditional and irrevocable waiver of all moral rights in the Content, and genuine consent to Brand and Izyu and the successors, licensees and assigns of Brand and Izyu, to use, deal, reproduce, publish, transmit, adapt, edit, change, modify or relocate the Content, whether in whole or in part, and whether alone or in combination with any other materials, including where such acts involve an infringement of any moral rights subsisting in the Content. NOTE: Content cannot be used by Brand for AI training purposes unless granted by Izyu.

6.7 Creator Restraints

6.7.1 Creator agrees not to:

6.7.1.1 parody, disparage, give any adverse comment or make fun of the Brand or its products of services generally in any way;

6.7.1.2 create any contextual or surrounding posts or other material on a Channel that in any way detracts from, dilutes the effect of, or undermines Content or the Brand or its products or services.

6.7.2 Creator acknowledges that the restrictions contained in the clause above are reasonable in scope and duration having regard to the interests of the Brand and Izyu and that these Terms of Service go no further than is reasonably necessary to protect the interests of the Brand and Izyu.

7. ADDITIONAL TERMS FOR BRANDS

7.1 Further Terms for Brand Accounts

7.1.1 To register a Brand Account, Brand must access the Izyu Platform and log in in the manner required, including providing Brand’s full name, email address, office address, telephone number and credit card details. Brand will not be charged to create a Brand Account.

7.1.2 Brand will be charged upfront for each Task Brand creates for campaigns the incur a monetary cost (or multiple tasks if you select one of Izyu’s Subscription plans or content packs).

7.1.3 Brands must adhere to the minimum spend (if applicable) implemented by Izyu and enclosed on the Websites and the Platform. Izyu may, at its sole discretion, change the minimum spend for Brand Accounts.

7.2 Payment Terms for Brands

7.2.1 You agree to pay Izyu all fees and charges made to your Brand Account for all created, approved Tasks, in accordance with these Terms of Service.

7.2.2 You must pay all charges in the manner agreed upon when creating the task. If no manner for payment is stated, the payment must be made by credit card using a provider authorised by Izyu. Izyu reserves the right to charge a credit card surcharge.

7.2.3 Brands may request that Izyu issue an invoice for fees and charges expected to be incurred by the Brand during the course of a task (“Invoice”), prior to the commencement of the task.

7.2.4 Brands may be required an additional advanced payment for the task, if:

7.2.4.1 Creators are required to purchases Brands’ products/services before creating Content for the task;

7.2.4.2 Izyu, under its sole discretion, identifies a threat to the Creator’s interest.

7.2.5 Izyu reserves the right to refuse any Invoice request in its sole discretion.

7.2.6 Where no terms of payment are stated on an Invoice or otherwise agreed with Izyu in writing, the following standard payment terms apply:

7.2.6.1  Transactions made on Credit Card are charged upfront;

7.3 Payment of all Invoices is due in accordance with these Terms of Service.

7.4 When you create a task for your Brand, you undertake that you are an authorized user of the card or account (as applicable) nominated on your Brand Account and to pay the applicable charges, that the card details provided are current, correct and complete and that your nominated card or account (as applicable) will cover the full amount of the charges. You must not pay, or attempt to pay, any charges through any fraudulent or unlawful means. Upon receiving your task, we may either carry out a standard pre-authorization check of your nominated card or account (as applicable) to verify the details provided and to ensure there are sufficient funds to fulfill the task budget or we may also charge your credit card for the task in full. The relevant task may not be started until either the pre-authorization check or full payment has been completed.

7.5 If you fail to pay any charges or we are unable to successfully process your payment of any charges within the timeframe required (as applicable), we reserve the right to charge a late payment fee calculated at a rate of ten percent (10%) per annum but no less than $10.00 per month. This amount represents a genuine and reasonable estimate of such costs and expenses associated with managing and processing late payments. We also reserve the right to withdraw credit facilities (where applicable) at any time or to remove your access to the Izyu Platform. Without limiting our rights, in the event you fail to pay any charges within the timeframe and in the manner required, we reserve the right to suspend or terminate your access to the Izyu Platform or to suspend or terminate any current tasks.

7.6 Terms for tasks

7.6.1 Izyu in its sole discretion reserves the right to reject tasks that do not comply with these Terms of Service or applicable law.

7.6.2 Upon creating the task, you agree to the calculated price per Content and confirm task budget.

7.6.3 You must not attempt to instruct, coerce or manipulate Creator to hide the commercial relationship between the Brand (Advertiser) and the Creator. Such attempts may result in Brand being immediately removed from the Izyu Platform.

7.6.4 You acknowledge and agree that your right to use Content is strictly limited in accordance with these Terms of Service.

7.6.5 You warrant that:

7.6.5.1 you own the Intellectual Property Rights in Content you upload to the Izyu Platform and have the right to license the Content to Izyu and Creators in the manner set out in these Terms of Service; or

7.6.5.2 you have the right to license the Content to Izyu and Creators in the manner set out in these Terms of Service; and

7.6.5.3 you will not encourage or facilitate any misrepresentation or suggestion that the Brand or any entity has the approval or sponsorship of any other entity which the Brand or entity does not have;

7.6.5.4 any Content you upload to the Izyu Platform does not contain any representations or material which you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive.

7.6.6 Brand acknowledges that Creators are independent third parties and not directly controlled by Izyu. As a consequence, any Content  will inherently risk negative or unflattering comments about Brand’s content, products or services. You also agree that Izyu is not responsible for the content posted on the Site or lack of content delivered by a Creator and that Brand may be exposed to content and behavior that contravenes these Terms. Accordingly, you agrees to use the Site at your own risk.

7.6.7 You acknowledge that Izyu has not made any warranties in respect of the success of any task in respect of your business or commercial performance or otherwise of any Content, task, channel or other media, marketing communications channel, marketing or advertising task, promotion or advertisement.

8. Cancelling or Removing Accounts

To cancel your Izyu account, you can do so independently or contact Izyu by email to support @ Izyu.com. If you cancel your user account or your user account is terminated for violating the terms contained herein all of your user account information may be deleted. You specifically acknowledge that, following such a cancellation request we may retain certain user account information only as required by applicable laws, rules, and regulations. The foregoing paragraph shall not relieve you of owed payments or constitute a waiver of any existing breaches to the terms contained herein. Except when such payment is waived in accordance with Izyu’s current customer satisfaction guarantee effective at the time of cancelation.

9. Disclaimers

IZYU DOES NOT REPRESENT OR WARRANT THAT THEIR SERVICE(S) WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; YOU ACKNOWLEDGE THAT YOUR RECIEPT OF SERVICE(S) IS AT YOUR SOLE RISK. IZYU DOES NOT WARRANT THAT YOUR USE OR RECEIPT OF ITS SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND IZYU SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

BY ACCESSING,USING OR RECEIVING IZYU’S SERVICE(S) YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS, PROVIDE , CREATE OR USE ANY CONTENT ON THE SITES RECEIVING IZYU SERVICES.

IZYU DOES NOT ENDORSE PRODUCTS OR CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

UNDER NO CIRCUMSTANCES WILL IZYU BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO:

1. THE SERVICE(S);
2. REACTIONS TO YOUR CONTENT;
3. USER CONTENT;
4. YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE(S);
5. ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS;
6. ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR
7. ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF IZYU HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE(S)). IN NO EVENT WILL IZYU BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL IZYU TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED FIVE HUNDRED UNITED STATES DOLLARS ($500.00) OR THE TOTAL BILLING FOR THE PRIOR THIRTY (30) DAYS WHICHEVER IS LESS…

BY ACCESSING THE SERVICE(S), YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” AND ANY SIMILAR LAW OF ANY STATE, TERRITORY, OR NATION.

IZYU IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

10. Indemnification

You (and also any third party for whom you operate an account or activity on a social media site receiving service(s) agree to defend, indemnify and hold Izyu harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on any social media site that is receiving services from Izyu or those operated, maintained or administrated on your behalf):

1. your products, content, use of third party products, or your access to or use of any site that is receiving services from Izyu
2. your breach or alleged breach of these Terms of Use;
3. your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
4. your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or
5. any misrepresentation made by you. You will cooperate as fully required by Izyu in the defense of any claim. Izyu reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Izyu.

11. Arbitration

Except if you opt-out or for disputes relating to:

1. your intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents);
2. violations of provisions of the Terms, above (“Excluded Disputes”), you agree that all disputes between you and Izyu (whether or not such dispute involves a third party) with regard to your relationship with Izyu including without limitation disputes related to these Terms of Use, your use of the Izyu Service(s), and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related or business disputes as applicable and you and Izyu hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules. You may bring claims only on your own behalf. Neither you nor Izyu will participate in a class action or class-wide arbitration for any claims covered by this agreement.
3. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Izyu is a party to the proceeding.
4. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Izyu or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction.
5. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.
6. You may opt out of this agreement to arbitrate. If you do so, neither you nor Izyu can require the other to participate in an arbitration proceeding. To opt out, you must notify Izyu in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:

99 Robots LLC,

ATTN: Arbitration Opt-out

1602 Pennington Road

Ewing, NJ 08618

1. You must include your name and residence address, the email address you use for your Izyu account, and a clear statement that you want to opt out of this arbitration agreement.
2. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void.
3. This arbitration agreement will survive the termination of your relationship with Izyu.

12. Time Limitation of Claims

You agree that any claim you may have arising out of or related to your relationship with Izyu must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

13. Governing Law & Venue

These terms of service are governed by and will be construed under the laws of the State of New Jersey, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. Any dispute arising from or relating to the subject matter of these terms shall be settled a District Court subject to the terms of the included Arbitration Clause.

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions.

Izyu’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right.

No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.

Izyu reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Izyu.

14. Entire Agreement

If you have agreed to obtain Izyu Service(s) on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and Izyu and governs your access of the Service(s), superseding any prior agreements between you and Izyu.

15. Assignment and Severability

You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Izyu. Any purported assignment or delegation by you without the appropriate prior written consent of Izyu will be null and void.

Izyu may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

16. Territorial Restrictions

Software related to or made available as part of the Service(s) may be subject to United States export controls. Thus, no software from the Service(s) may be downloaded, exported or re-exported:

1. into (or to a national or resident of) any country to which the United States has embargoed goods; or
2. to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.

By downloading any software related to the Service(s), you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

17. Business Transfers

Izyu may choose to sell assets, and may share or transfer customer information in connection with the evaluation of an entry in tree into such actions. If we or our assets are acquired or if we go out of business, enter bankruptcy, or go through some other change of control, personal information could be one of the assets transferred to or acquired by a third party.

In the event of such occurrence we shall notify the users affected so that proper notice if applicable can be reasonably given as required by law, rule or regulation. User is solely responsible for any notification required under United States, European Union General Data Protection Regulation, Canadian or Great Britain, law, rule, or regulation in effect at the time

18. Effective Date

The effective date of these Terms of Use is November 1, 2023. These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls. If you use any of our Services, you are agreeing to these Terms and our Privacy Policy.