Last Updated: March 18, 2026 | Version 1.0
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Carbon Hammer LLC, a Pennsylvania limited liability company doing business as Guthix ("Company," "we," "us," or "our"), governing your access to and use of the Guthix platform located at guthix.ai, including all related services, features, and content (collectively, the "Service").
By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not access or use the Service.
You must be at least 18 years of age and have the legal capacity to enter into a binding agreement to use the Service. By using the Service, you represent and warrant that you meet these requirements. If you are using the Service on behalf of a business or other entity, you represent that you have the authority to bind that entity to these Terms.
Guthix is an AI-powered platform that enables businesses to create and manage web pages, chatbots, and related digital presence tools. The Service includes, but is not limited to: AI-assisted website page generation and customization; AI-powered chatbot creation for visitor engagement; file upload and processing (images, documents, PDFs); business analytics and insights; AI Studio for conversational page management; and business coaching and data export tools.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to: (a) provide accurate, current, and complete information during registration; (b) promptly update your information to keep it accurate; (c) immediately notify us of any unauthorized access to your account; and (d) not share your account credentials with any third party.
We reserve the right to suspend or terminate your account at any time, for any reason, at our sole discretion, with or without notice, subject to the refund provisions in Section 10.5. You may not create more than one account per person or business entity. Duplicate accounts created to circumvent credit limits, restrictions, or bans constitute a violation of these Terms.
5.1 Your Content. You retain ownership of all content you upload, submit, or input into the Service ("User Content"), including but not limited to business information, images, documents, files, text, and any data provided through chat interfaces or onboarding processes. By uploading User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, store, process, display, and transmit your User Content solely as necessary to provide, maintain, and improve the Service. This license includes the right to sublicense User Content solely to our third-party infrastructure and service providers (such as hosting, AI, and authentication providers) to the extent necessary to operate the Service on your behalf.
5.2 Content Responsibility. You are solely responsible for all User Content you upload, publish, or otherwise make available through the Service. You represent and warrant that: (a) you own or have the necessary rights, licenses, and permissions to use and authorize us to use your User Content; (b) your User Content does not infringe, misappropriate, or violate any third party's intellectual property rights, privacy rights, publicity rights, or other legal rights; and (c) your User Content complies with all applicable laws and regulations.
5.3 No Obligation to Monitor. We have no obligation to monitor, review, or edit User Content, but we reserve the right to do so at our sole discretion. We are not responsible for, and assume no liability for, any User Content uploaded, posted, or otherwise made available by users of the Service.
6.1 Visitor-Generated Content. Visitors to pages generated through the Service may interact with AI chatbots and submit messages, inquiries, or other content ("Visitor Content"). We do not control, endorse, or assume responsibility for any Visitor Content. Business owners acknowledge that visitor interactions are beyond our reasonable control and that we bear no liability for the nature, accuracy, or legality of Visitor Content.
6.2 Chatbot Responses. AI chatbot responses are generated automatically based on information provided by the business owner through the Service. We do not guarantee the accuracy, completeness, or appropriateness of AI-generated responses. Business owners are responsible for reviewing and ensuring the accuracy of the information they provide, which forms the basis of chatbot interactions.
6.3 Visitors Who Are Minors. Pages and chatbots generated through the Service may be accessible to the general public, including individuals under the age of 13. Business owners are solely responsible for determining whether their generated pages and chatbot interactions are subject to the Children's Online Privacy Protection Act ("COPPA") or similar laws governing the collection of personal information from minors, and for implementing any required notices, parental consent mechanisms, or data handling procedures. We do not knowingly collect personal information from children under 13 through User-generated pages. If you become aware that a minor has submitted personal information through your generated page, you agree to notify us promptly so that we may take appropriate action.
The Service utilizes artificial intelligence to generate, suggest, and modify content including but not limited to web page text, design elements, business descriptions, chatbot responses, analytics insights, and coaching recommendations. AI-generated content is provided "as is" and may contain errors, inaccuracies, or inappropriate material. You acknowledge and agree that: (a) AI-generated content should be reviewed before publishing or relying upon it; (b) we are not liable for any damages arising from reliance on AI-generated content; (c) AI-generated business advice, coaching, or recommendations do not constitute professional, legal, financial, or medical advice; and (d) you are solely responsible for the final content published on your generated page.
You agree not to use the Service to:
Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account, removal of your content, and/or legal action, at our sole discretion.
We reserve the absolute and unconditional right to remove, disable, or take down any page, content, or account created through the Service, at any time, for any reason or no reason, at our sole and absolute discretion, with or without notice. This includes, without limitation, removal for:
You acknowledge that we have no obligation to maintain, store, or provide copies of any content that is removed. We recommend that you maintain independent backups of your business information.
10.1 Credit System. The Service operates on a credit-based system. Credits are consumed when using AI-powered features. Credit allocation, pricing, and consumption rates are subject to change at any time at our sole discretion.
10.2 No Refunds. All credit purchases and subscription payments are final and non-refundable, except as provided in Section 10.5 or as required by applicable law. Unused credits may expire according to the terms of your subscription plan.
10.3 Free Tier. Complimentary credits and access provided at signup or through any free plan are offered at our discretion and may be modified, reduced, or eliminated at any time without notice. Free-tier access is provided without any warranty, service level commitment, or liability obligation whatsoever. You acknowledge and agree that use of the Service under a free plan is entirely at your own risk and that Carbon Hammer LLC shall have zero (0) liability to free-tier users under any theory of law or equity.
10.4 Subscription. Subscription plans automatically renew at the end of each billing period unless canceled. You may cancel your subscription at any time, but no refunds will be issued for the current billing period.
10.5 Refunds for Company-Initiated Termination. If we terminate your account for reasons other than a violation of these Terms or applicable law, you may be entitled to a pro-rata refund of any prepaid subscription fees covering the unused portion of your then-current billing period. Unused credits have no cash value and are not refundable except at our sole discretion. This Section 10.5 does not apply to terminations resulting from your breach of these Terms, violation of the Acceptable Use Policy, or any conduct that we reasonably determine to be fraudulent or harmful.
10.6 Chargebacks and Payment Disputes. You agree to contact us at support@guthix.ai to resolve any billing issues before initiating a chargeback, payment dispute, or reversal with your bank, credit card company, or payment provider. If you initiate a chargeback, dispute, or reversal of any payment made to us: (a) we may immediately suspend or terminate your account and access to the Service without notice; (b) all content, data, credits, and pages associated with your account may be permanently deleted without any obligation to provide backups or exports; (c) you shall be liable to us for the full amount of the disputed payment plus any chargeback fees, administrative costs, and collection costs (including reasonable attorneys' fees) incurred by us as a result of the dispute; (d) any such chargeback or reversal shall constitute a material breach of these Terms; (e) for purposes of calculating the Liability Cap under Section 14.2, any payment that has been charged back, disputed, reversed, refunded, or otherwise not retained by us in cleared funds shall be treated as if it was never made, reducing the Liability Cap accordingly (and to zero if no payments remain); and (f) we reserve the right to report fraudulent chargebacks to applicable fraud prevention databases and law enforcement. You acknowledge that initiating a chargeback does not relieve you of your payment obligations under these Terms, and that we may pursue all available legal remedies to recover amounts owed, including but not limited to referral to collections agencies.
10.7 Payment Verification. We reserve the right to verify the validity of any payment method used in connection with the Service. If we determine, in our sole discretion, that a payment method is fraudulent, stolen, unauthorized, or otherwise invalid, we may immediately suspend or terminate your account, revoke any credits or services provided, and pursue appropriate legal remedies.
11.1 Our Property. The Service, including all software, design, text, graphics, logos, icons, and the selection and arrangement thereof, is the exclusive property of Carbon Hammer LLC and is protected by copyright, trademark, and other intellectual property laws. The Guthix name, logo, and all related marks are trademarks of Carbon Hammer LLC.
11.2 License to Use. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purpose, subject to these Terms. This license does not include the right to: (a) modify, copy, or create derivative works of the Service; (b) reverse engineer, decompile, or disassemble any part of the Service; or (c) sublicense, sell, or redistribute the Service.
11.3 DMCA. We respect intellectual property rights. If you believe content on the Service infringes your copyright, please submit a DMCA notice to our designated agent:
Your notice must include the information required under 17 U.S.C. § 512(c)(3), including: (i) a physical or electronic signature of the copyright owner or authorized agent; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material to be removed with sufficient information to locate it; (iv) your contact information; (v) a statement that you have a good faith belief the use is not authorized; and (vi) a statement under penalty of perjury that the information in the notice is accurate and you are authorized to act on behalf of the copyright owner.
To qualify for safe harbor protection under the DMCA, you should register your designated agent with the U.S. Copyright Office at https://www.copyright.gov/dmca-directory/.
12.1 Privacy Policy. Your use of the Service is also governed by our Privacy Policy. By using the Service, you consent to the collection, use, and processing of your information as described in the Privacy Policy.
12.2 Security. You acknowledge that: (a) data transmitted over the internet is not guaranteed to be fully secure; (b) we employ commercially reasonable security measures but cannot guarantee absolute security; and (c) you provide personal information at your own risk.
12.3 Visitor Data. We may collect and process visitor data (including IP addresses, user agents, and interaction data) on behalf of business owners for analytics and lead generation purposes. Business owners are responsible for complying with all applicable privacy laws regarding data collected through their generated pages, including but not limited to the California Consumer Privacy Act (CCPA), the General Data Protection Regulation (GDPR) where applicable, and any other federal, state, or international privacy regulations.
12.4 Data Processing. For business customers that require a Data Processing Agreement ("DPA") to comply with applicable data protection laws, we will make a DPA available upon request at support@guthix.ai.
12.5 Prohibited Data Types. The Service is not designed for, intended for, or compliant with the requirements of any industry-specific data protection regulation or security certification framework. You expressly agree not to upload, submit, transmit, store, or otherwise make available through the Service any of the following categories of data (collectively, "Prohibited Data"):
Carbon Hammer LLC is not a Business Associate, Covered Entity, or subcontractor as defined under HIPAA. We will not enter into Business Associate Agreements, CJIS Security Addenda, or any other compliance-specific contractual frameworks. The Service has not been assessed, certified, or authorized under FedRAMP, SOC 2, ISO 27001, HITRUST, PCI-DSS, or any other security certification or compliance program.
Any user who submits Prohibited Data to the Service does so in direct violation of these Terms and assumes all liability, risk, and legal responsibility for such disclosure. We shall have no liability whatsoever for any Prohibited Data submitted to the Service, including but not limited to any breach, unauthorized access, loss, or disclosure of such data. You agree to defend, indemnify, and hold harmless Carbon Hammer LLC from and against any and all claims, fines, penalties, damages, and expenses (including regulatory fines and reasonable attorneys' fees) arising from your submission of Prohibited Data to the Service.
12.6 Government and Military Use. The Service is not intended for use by or on behalf of any federal, state, local, or foreign government agency, department, or instrumentality, or any military or defense organization. The Service is provided as a commercial item as defined in 48 C.F.R. § 2.101 and is licensed to civilian end users only in accordance with these Terms. We make no representations that the Service satisfies any government procurement requirement, security standard, or regulatory obligation applicable to government contractors or agencies. If you are a government entity or government contractor subject to FAR, DFARS, or similar procurement regulations, you should not use the Service unless you have independently determined that it meets your compliance obligations, and you assume all responsibility for any such determination.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE; (C) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; OR (D) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
14.1 Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CARBON HAMMER LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, BUSINESS INTERRUPTION, COST OF SUBSTITUTE SERVICES, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14.2 Maximum Aggregate Liability. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE CAUSE OF ACTION OR THEORY OF LIABILITY, SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO US AND RETAINED BY US IN CLEARED, UNREVERSED FUNDS FOR THE SINGLE MONTHLY BILLING PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM ("LIABILITY CAP"). FOR THE AVOIDANCE OF DOUBT: (A) IF YOU ARE ON A FREE PLAN OR HAVE NOT MADE ANY PAYMENT TO US, THE LIABILITY CAP IS ZERO DOLLARS ($0.00) AND WE SHALL HAVE NO LIABILITY TO YOU WHATSOEVER; (B) THE LIABILITY CAP IS CALCULATED BASED ON A SINGLE MONTH'S SUBSCRIPTION FEE ONLY, REGARDLESS OF HOW LONG YOU HAVE BEEN A SUBSCRIBER OR THE TOTAL AMOUNT YOU HAVE PAID OVER THE LIFE OF YOUR ACCOUNT; (C) IF MULTIPLE CLAIMS ARISE, THE LIABILITY CAP APPLIES IN THE AGGREGATE TO ALL SUCH CLAIMS COMBINED AND IS NOT APPLIED ON A PER-CLAIM BASIS; (D) ANY PAYMENT THAT HAS BEEN CHARGED BACK, DISPUTED, REVERSED, REFUNDED, OR OTHERWISE NOT RETAINED BY US SHALL BE EXCLUDED FROM THE CALCULATION OF THE LIABILITY CAP AND SHALL BE TREATED AS IF IT WAS NEVER MADE; AND (E) CREDIT PURCHASES, ONE-TIME FEES, AND ANY AMOUNTS OTHER THAN RECURRING MONTHLY SUBSCRIPTION FEES ARE EXCLUDED FROM THE LIABILITY CAP CALCULATION.
14.3 No Liability for Free Services. WITHOUT LIMITING THE FOREGOING, CARBON HAMMER LLC SHALL HAVE ABSOLUTELY NO LIABILITY OF ANY KIND TO ANY USER WHO HAS NOT PAID A SUBSCRIPTION FEE, INCLUDING BUT NOT LIMITED TO USERS ON FREE PLANS, TRIAL PLANS, PROMOTIONAL ACCESS, BETA ACCESS, OR ANY OTHER NON-PAID TIER. SUCH USERS ACKNOWLEDGE THAT THEY HAVE RECEIVED THE SERVICE AT NO COST AND THAT THIS EXCLUSION OF LIABILITY IS FAIR AND REASONABLE.
14.4 No Liability for Prohibited Data. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, CARBON HAMMER LLC SHALL HAVE ABSOLUTELY NO LIABILITY OF ANY KIND ARISING FROM OR RELATED TO ANY PROHIBITED DATA (AS DEFINED IN SECTION 12.5) SUBMITTED TO THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY BREACH, UNAUTHORIZED ACCESS, LOSS, DISCLOSURE, OR REGULATORY ACTION RELATED TO SUCH DATA.
14.5 Acknowledgment. Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law. You acknowledge and agree that the limitations of liability set forth in this section are fundamental elements of the basis of the bargain between you and Carbon Hammer LLC, and that Carbon Hammer LLC would not provide the Service absent such limitations. You have been advised of and understand the consequences of these limitations and voluntarily accept them.
You agree to defend, indemnify, and hold harmless Carbon Hammer LLC, its members, managers, officers, employees, agents, affiliates, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; (d) your violation of any applicable law or regulation; (e) your violation of any third party's rights, including intellectual property, privacy, or publicity rights; (f) any content displayed on your generated page; (g) any interactions between visitors and your chatbot or generated page; (h) any claims by third parties related to your business or the information you provide through the Service; (i) your failure to comply with applicable privacy laws, including COPPA, CCPA, or GDPR, with respect to data collected through your generated pages; (j) any chargeback, payment dispute, or payment reversal initiated by you or on your behalf, including all associated fees, costs, and expenses; and (k) your submission of any Prohibited Data to the Service, including any resulting regulatory investigations, fines, penalties, or third-party claims.
The Service may integrate with or rely upon third-party services, including but not limited to artificial intelligence providers, authentication services, cloud hosting platforms, and payment processors. We are not responsible for the availability, accuracy, or reliability of any third-party service, and we disclaim all liability arising from your reliance on or use of any third-party service accessed through or in connection with the Service. Your use of third-party services may be subject to those providers' own terms and policies, which are separate from and independent of these Terms.
We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, temporarily or permanently, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service. We do not guarantee any uptime, availability, or service level.
18.1 By Us. We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
18.2 By You. You may terminate your account at any time by contacting us at support@guthix.ai or through the account settings within the Service.
18.3 Effects of Termination. Upon termination: (a) your right to use the Service will immediately cease; (b) we may delete your account and all associated data after a reasonable retention period; (c) any unused credits will be forfeited, subject to the refund provisions in Section 10.5; and (d) provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 5, 7, 10.6, 11, 12.5, 13, 14, 15, 19, 20, and 21.
18.4 Data Export. Upon written request made within thirty (30) days of termination, we will make commercially reasonable efforts to provide you with an export of your User Content, subject to technical feasibility. We are under no obligation to retain your data beyond this period. This Section 18.4 does not apply to accounts terminated for breach of these Terms, violation of the Acceptable Use Policy, or fraudulent activity, in which case we have no obligation to provide any data export.
19.1 Informal Resolution. Before initiating any formal dispute proceedings, you agree to first contact us at support@guthix.ai with a written description of the dispute, including your name, account information, the nature of the complaint, and the specific relief sought. The parties shall negotiate in good faith for a period of thirty (30) days after such notice is received before initiating any formal proceedings.
19.2 Binding Arbitration. IF THE DISPUTE IS NOT RESOLVED THROUGH INFORMAL NEGOTIATION WITHIN THIRTY (30) DAYS, YOU AND CARBON HAMMER LLC AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE (INCLUDING THE FORMATION, EXISTENCE, BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, VALIDITY, OR ENFORCEABILITY OF THESE TERMS) SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, rather than in court, except that either party may bring claims in small claims court if the claims qualify. The arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, which are available at www.adr.org. The arbitration shall take place in Allegheny County, Pennsylvania, or at another mutually agreed location, or via telephone, videoconference, or other remote means if permitted by the arbitrator. The arbitrator shall apply the laws of the Commonwealth of Pennsylvania consistent with applicable federal law, and shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including but not limited to any claim that all or any part of this agreement is void or voidable. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator may award any relief that a court of competent jurisdiction could award, subject to the limitations set forth in these Terms, including the Liability Cap in Section 14.2.
19.3 Class Action and Jury Trial Waiver. YOU AND CARBON HAMMER LLC EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND CARBON HAMMER LLC EACH IRREVOCABLY WAIVE ANY RIGHT TO A JURY TRIAL. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class, consolidated, or representative proceeding. If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision (other than the jury trial waiver) shall be null and void, and the dispute shall proceed in court subject to Section 19.5.
19.4 Arbitration Fees and Costs. Each party shall bear its own attorneys' fees and costs in connection with the arbitration, except as otherwise provided in these Terms (including the indemnification provisions of Section 15) or as required by applicable law. If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Carbon Hammer LLC will pay as much of the filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the cost of accessing the remedy from being prohibitive.
19.5 Fallback Jurisdiction. For any disputes not subject to arbitration, or if the arbitration provision is found unenforceable, the parties agree that any litigation shall be resolved exclusively in the state and federal courts located in Allegheny County, Pennsylvania. You irrevocably consent to the personal jurisdiction and venue of such courts.
19.6 Statute of Limitations. You agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action accrues; otherwise, such cause of action is permanently barred.
19.7 Equitable Relief. Notwithstanding the foregoing, Carbon Hammer LLC shall be entitled to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our intellectual property rights, confidential information, or these Terms, without the requirement of posting bond or proving actual damages.
20.1 Compliance with Laws. You represent and warrant that: (a) you are not located in, organized under the laws of, or a resident of any country or territory that is subject to comprehensive U.S. economic sanctions (currently including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine, as may be updated by OFAC); (b) you are not designated on any U.S. government list of prohibited or restricted parties, including OFAC's Specially Designated Nationals and Blocked Persons List, the U.S. Commerce Department's Denied Persons List or Entity List, or any similar list maintained by the European Union or United Nations; and (c) you will not use the Service in any manner that would violate any applicable export control laws, sanctions, or trade restrictions.
20.2 Consequences of Violation. Any violation of this Section 20 shall constitute a material breach of these Terms and shall result in immediate termination of your account without notice, refund, or liability. We reserve the right to cooperate with law enforcement and governmental authorities in connection with any suspected sanctions or export control violations.
21.1 Entire Agreement. These Terms, together with the Privacy Policy and any supplemental terms or policies referenced herein, constitute the entire agreement between you and Carbon Hammer LLC regarding the Service, and supersede all prior agreements, representations, and understandings.
21.2 Severability. If any provision of these Terms is held to be unenforceable or invalid by a court of competent jurisdiction or arbitrator, that provision shall be modified to the minimum extent necessary to make it enforceable, and all other provisions shall remain in full force and effect. If the class action waiver in Section 19.3 is found unenforceable as to a particular claim, then Section 19.2 (arbitration) shall not apply to that claim only, and it shall instead be handled in court under Section 19.5.
21.3 Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Carbon Hammer LLC.
21.4 Assignment. You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign our rights and obligations under these Terms without your consent, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
21.5 Amendments. We reserve the right to modify these Terms at any time. Material changes will be communicated through the Service or via email at least fifteen (15) days before they take effect. Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service.
21.6 Force Majeure. We shall not be liable for any failure or delay in performing our obligations under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemic, government actions, labor disputes, power failures, internet disruptions, or failures of third-party services.
21.7 Electronic Communications. By using the Service, you consent to receiving communications from us electronically, including emails and notices posted within the Service. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.
21.8 No Third-Party Beneficiaries. These Terms are for the sole benefit of you and Carbon Hammer LLC and do not create any third-party beneficiary rights.
21.9 Headings. The section headings in these Terms are for convenience only and have no legal or contractual effect.
21.10 Cumulative Remedies. All rights and remedies provided in these Terms are cumulative and not exclusive of any other rights or remedies available at law or in equity.
21.11 Governing Law. These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law principles, except that the Federal Arbitration Act shall govern the interpretation and enforcement of the arbitration provisions in Section 19.
If you have questions about these Terms, please contact us at: