Terms of Service

Last Updated: September 8, 2025

Please read this Terms of Service agreement (the “Terms of Service”) carefully. This website and its subdomains (collectively, the “Website”), the information on the Website, and the services and resources available or enabled via the Website (each a “Service” and collectively, the “Services”), are controlled by Girudo, Inc. (“Girudo,” “we,” “our” or “us”). These Terms of Service, along with all supplemental terms that may be presented to you by Girudo in connection with certain features of the Services (collectively, the “Agreement”), govern your access to and use of the Services. By clicking on the “I Accept” button, completing the account registration process, browsing the Website, or otherwise accessing or using any of the Services, you represent that (1) you have read, understand, and agree to be bound by the Agreement, (2) you are of legal age to form a binding contract with Girudo, and (3) you have the authority to enter into the Agreement personally or on behalf of the legal entity identified during the account registration process, and to bind that legal entity to the Agreement. The term “you” refers to the individual or such legal entity, as applicable. If you, or if applicable, such legal entity, do not agree to be bound by the Agreement, you, and if applicable, such legal entity, may not access or use any of the Services.

FOR U.S. CUSTOMERS ONLY: PLEASE BE AWARE THAT SECTION 13 CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND GIRUDO (THE “ARBITRATION AGREEMENT”). AMONG OTHER THINGS, SECTION 13 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND GIRUDO WILL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 13 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 13 CAREFULLY.

UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST GIRUDO THROUGH BINDING, FINAL ARBITRATION, WITH LIMITED EXCEPTIONS, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR OTHER REPRESENTATIVE PROCEEDING OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

Please note that the Agreement is subject to change by Girudo in its sole discretion at any time. When changes are made, Girudo will make a copy of the updated Agreement available at the Website and update the “Last Updated” date at the top of these Terms of Service. If we make any material changes to the Agreement, we will provide notice of such material changes on the Website and attempt to notify you by sending an email to the email address provided during your Account registration. Any changes to the Agreement will be effective immediately for new users of the Services and will be effective for existing Registered Users upon the earlier of (a) thirty (30) days after the “Last Updated” date at the top of these Terms of Service, or (b) your consent to and acceptance of the updated Agreement if Girudo provides a mechanism for your immediate acceptance in a specified manner (such as a click-through acceptance), which Girudo may require before further use of the Services is permitted. If you do not agree to the updated Agreement, you must stop using all Services upon the effective date of the updated Agreement. Otherwise, your continued use of any of the Services after the effective date of the updated Agreement constitutes your acceptance of the updated Agreement. Please regularly check the Website to view the then-current Agreement. You agree that Girudo’s continued provision of the Services is adequate consideration for the changes in the updated Agreement.

1.1 Access to the Services. The Services are protected by applicable intellectual property laws and your right to use any and all Services is subject to the Agreement. Subject to your ongoing compliance with the terms of the Agreement, you may access the Services for your personal entertainment or internal business purposes.
1.2 Certain Restrictions. The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit any of the Services; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other parts of the Services (including images, text, page layout or form); (c) you shall not use any metatags or other “hidden text” using Girudo’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices, or other processes (including, but not limited to, spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to “scrape” or download data from any web pages contained in the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; and (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services. Any future release, update, or other addition to the Services shall be subject to the Agreement. Girudo and its suppliers and service providers reserve all rights not granted in the Agreement.
1.3 Girudo Communications. By entering into the Agreement or using the Services, you agree to receive communications from us, including via email and push notification. Communications from us and our affiliated companies may include but are not limited to operational communications concerning your Account or the use of the Services, updates concerning new and existing features on the Services, communications concerning promotions run by us or our third-party partners, and news concerning Girudo and industry developments. IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF.

2.1 Registering Your Account. In order to access certain features of the Services, you may be required to become a Registered User. For purposes of the Agreement, a “Registered User” is a user who has registered an account with Girudo (an “Account”) either directly through the Services or by connecting a valid account on a third-party service (a “Third-Party Service”) to the Services (each such account, a “Connected Account”).
2.2 Access Through a Third-Party Service. If you register your Account through use of a Third-Party Service, you represent that you are entitled to grant Girudo access to your Connected Account for the purposes described in this Agreement without breach by you of any of the terms and conditions that govern your Connected Account and without obligating Girudo to pay any fees or making Girudo subject to any usage limitations imposed by such Third-Party Service. By granting Girudo access to any Connected Accounts, you understand that Girudo may access, make available and store (if applicable) your name and email address associated with your Connected Account so that it is available on and through the Services via your Account. Depending on the Connected Accounts you choose and subject to the privacy settings that you have set in such Connected Accounts, personally identifiable information associated with your Connected Accounts may be available on and through your Account on the Services. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICES ASSOCIATED WITH YOUR CONNECTED ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICES, AND GIRUDO DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICES IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH CONNECTED ACCOUNTS.
2.3 Registration Data. In registering an Account, you agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the registration form (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are not a person barred from using the Services under the laws of the United States, your place of residence, or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by any other persons, including minors, and you will accept full responsibility for any such unauthorized use. You may not share your Account login or password with anyone, and you agree to notify Girudo immediately of any unauthorized use of your password or any other breach of security. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if Girudo has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current, or incomplete, Girudo has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. Girudo reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates such third party’s rights. You agree not to create an Account or use the Services if you have been previously removed by Girudo, or if you have been previously banned from any of the Services.
2.4 Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Girudo.
2.5 Necessary Equipment and Software. You must provide all equipment and software necessary to connect to the Services. You are solely responsible for any fees, including internet connection or mobile fees, that you incur when accessing the Services.

3.1 Types of Content. The Services may allow Registered Users to add information, data, text, software, music, sound, photographs, graphics, video, messages, tags and other materials (collectively, “Content”) in a number of different ways, including by posting to your Account, through direct messages, and through group direct messages. You acknowledge that all Content is the sole responsibility of the party from whom such Content originated. This means that you, and not Girudo, are entirely responsible for all Content that you upload, post, email, transmit, or otherwise make available through the Services (collectively, “Your Content”), and that you and other Registered Users of the Services, and not Girudo, are similarly responsible for all Content that you and they make available through the Services (collectively, “User Content”).
3.2 No Obligation to Pre-Screen Content. You acknowledge that Girudo has no obligation to pre-screen User Content, although Girudo reserves the right in its sole discretion to pre-screen, refuse, or remove any User Content. By entering into the Agreement, you hereby provide your irrevocable consent to Girudo’s monitoring of Your Content. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that Girudo pre-screens, refuses, or removes any of Your Content, you acknowledge that Girudo will do so for Girudo’s benefit, not yours. Without limiting the foregoing, Girudo shall have the right to remove any of Your Content that violates the Agreement or is otherwise objectionable.
3.3 Storage. Unless expressly agreed to by Girudo in writing elsewhere, Girudo has no obligation to store any of Your Content. Girudo has no responsibility or liability for the deletion or accuracy of any User Content, including Your Content; the failure to store, transmit, or receive transmission of any User Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for choosing the appropriate level of access to Your Content. If you do not so choose, the Services may default to the most permissive setting. You agree that Girudo retains the right to create reasonable limits on Girudo’s use and storage of User Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits as determined by Girudo in its sole discretion.

4.1 Acceptable Use Policy. As a condition of use, you agree not to use any of the Services for any purpose that is prohibited by this Agreement or by applicable law. You shall not (and shall not permit any third party to) either: (a) take any action or (b) make available any Content on or through the Services that: (i) infringes, misappropriates, or otherwise violates any intellectual property right, right of publicity, right of privacy, or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk, or bulk email; (iv) involves contests, sweepstakes, barter, advertising, or pyramid schemes without Girudo’s prior written consent; (v) impersonates any person or entity, including any employee or representative of Girudo; (vi) interferes with or attempt to interfere with the proper functioning of the Services or uses the Services in any way not expressly permitted by the Agreement; or (vii) attempts to engage in or engage in, any potentially harmful acts that are directed against the Services, including but not limited to violating or attempting to violate any security features of the Services, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Services.
4.2 Interactions With Other Users

(a) User Responsibility. You are solely responsible for your interactions with other Registered Users and any other parties with whom you interact; provided, however, that Girudo reserves the right, but has no obligation, to intercede in such disputes. You agree that Girudo will not be responsible for any liability incurred as the result of such interactions.
(b) Content Provided by Other Users. The Services may contain User Content provided by other Registered Users. Girudo is not responsible for and does not control User Content. Girudo has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to, User Content. You use all User Content and interact with other Registered Users at your own risk.
(c) Business Profiles. Without limiting the generality of your obligations in Section 4 of these Terms of Service (User Conduct), if you register for an Account in your capacity as a business owner or employee, you are solely responsible for (a) keeping the Content you make available about your business in your Account accurate and up to date; (b) managing any interactions between you and your prospective customers, including any interactions which take place through the Services or offline; (c) facilitating and completing any transactions you may conduct with customers. While the features of the Services may enable you to advertise your goods and services through the Services, you are solely responsible for your compliance with all applicable laws, rules, regulations, and guidelines with respect to such advertising, along with all interactions in which you may engage with members of the public in connection with the Services.

4.3 Monitoring and Enforcement. We work hard to try to make Girudo a safe, positive, and inclusive place, but cannot always prevent you from encountering Content that you may find objectionable or offensive. You agree we will not be liable for any harm caused by that Content. You may report Content that you think violates any of our policies by contacting us at support@www.girudo.com. Girudo has the right, but not the obligation, to review such reports and block or remove Content at our discretion
Additionally, Girudo reserves the right to: (a) remove or refuse to post any of Your Content for any or no reason in our sole discretion; (b) take any action with respect to any of Your Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates the Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for Girudo; (c) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and/or (d) terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of this Agreement.
If Girudo becomes aware of any possible violations by you of the Agreement, Girudo reserves the right to investigate such violations. If, as a result of the investigation, Girudo believes that criminal activity has occurred, Girudo reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Girudo is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Services, including Your Content, in Girudo’s possession in connection with your use of the Services, to (i) comply with applicable laws, legal process, or governmental request; (ii) enforce the Agreement, (iii) respond to any claims that Your Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property, or personal safety of Girudo, its Registered Users, or the public, and all enforcement or other government officials, as Girudo in its sole discretion believes to be necessary or appropriate.

5.1 Services. Except with respect to Your Content and other User Content, you agree that Girudo and its suppliers own all rights, title, and interest in the Services (including, but not limited to, any computer code, themes, objects, characters, character names, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation, and Girudo software). You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying any Services.

5.4 License to Your Content. Subject to any applicable Account settings that you select, you grant Girudo a fully paid, royalty-free, worldwide, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for the purposes of operating and providing the Services to you and to our other Registered Users. Please remember that other Registered Users may search for, see, use, modify, and reproduce any of Your Content that you submit to any “public” area of the Services. You agree that you, not Girudo, are responsible for all of Your Content. You may not post a photograph or video of another person without that person’s permission.

5.6 Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Girudo (collectively, “Feedback”) by email or through any suggestion, feedback, or similar pages is at your own risk and that Girudo has no obligations (including, without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Girudo a fully paid, royalty-free, perpetual, irrevocable, worldwide, and non-exclusive right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services and/or Girudo’s business.

5.7 Third-Party Websites, Applications, and Ads. The Services may contain links to third-party websites (“Third-Party Websites”), applications (“Third-Party Applications”) and advertisements for third parties (“Third-Party Ads”). When you click on a link to a Third-Party Website, Third-Party Application, or Third-Party Ad, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications, and Third-Party Ads are not under the control of Girudo. Girudo is not responsible for any Third-Party Websites, Third-Party Applications, or Third-Party Ads. Girudo provides these Third-Party Websites, Third-Party Applications, and Third-Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Applications, or Third-Party Ads, or any product or service provided in connection therewith. You use all links in Third-Party Websites, Third-Party Applications, and Third-Party Ads at your own risk. When you leave our Website, the Agreement and our policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, Third-Party Applications, or Third-Party Ads, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

6.1 Payment. You agree to pay all fees or charges charged to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable in accordance with the Services. You must provide Girudo with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) or account of a payment provider (each, a “Payment Provider”) as a condition to signing up for paid subscriptions to the Services (each, a “Premium Subscription”) or purchasing any products available on the Services. Your Payment Provider agreement governs your use of the designated Payment Provider, and you must refer to that agreement, not this Agreement, to determine your rights and liabilities with respect thereto. By providing Girudo with your Payment Provider and associated payment information, you agree that Girudo is authorized to immediately invoice your Account for all fees and charges as they become due and payable and that no additional notice or consent is required. You agree to immediately notify Girudo of any change in your billing address or Payment Provider used for payment hereunder. Girudo reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Services or by email delivery to you.

6.2 Service Subscription Fees. You will be responsible for payment of the applicable fees for any Premium Subscriptions you sign up for (the “Service Subscription Fee”) at the time you subscribe to such Premium Subscription (each, a “Service Commencement Date”). Except as set forth in the Agreement, all fees for Premium Subscriptions are non-refundable. No contract will exist between you and Girudo for a Premium Subscription until Girudo accepts your order by a confirmatory email, SMS/MMS message, or other appropriate means of communication.

6.3 Automatic Renewal. Your Premium Subscription will continue indefinitely until terminated in accordance with the Agreement. After your Initial Term, and again after any subsequent Renewal Term, your Premium Subscription will automatically commence on the first day following the end of such term (each a “Renewal Commencement Date”) and continue for an additional Renewal Term, at Girudo’s then-current Service Subscription Fee for such Premium Subscription. You agree that your Account will be subject to this automatic renewal feature unless you cancel your Premium Subscription at least ten (10) days prior to the Renewal Commencement Date (or, in the event that you receive a notice from Girudo that your Premium Subscription will be automatically renewed, you will have ten (10) days from the date of the Girudo notice), by logging into and going to the “Subscriptions” page of your “My Profile” page. If you want to change or terminate your Premium Subscription, please contact Girudo at +1 (305) 831-1531 or support@www.girudo.com or log in and go to the “Subscriptions” page on your “My Profile” page]. If you cancel your Premium Subscription, you may use the premium features associated therewith until the end of your then-current Premium Subscription term; your Premium Subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the Service Subscription Fee paid for the then-current Premium Subscription term. By signing up for a Premium Subscription, you authorize Girudo to charge your Payment Provider now, and again upon each Renewal Commencement Date. Upon renewal of your Premium Subscription, if Girudo does not receive payment from your Payment Provider, (a) you agree to pay all amounts due on your Account upon demand and/or (b) you agree that Girudo may either terminate or suspend your Premium Subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new Premium Subscription commitment period will begin as of the day payment was received).

6.4 Order Acceptance. If you purchase a product through the Services, your receipt of an electronic or other form of order confirmation does not signify Girudo’s acceptance of your order, nor does it constitute confirmation of our offer to sell. Girudo reserves the right at any time after receipt of your order to accept or decline your order for any reason. Girudo further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Girudo upon our delivery of the products that you have ordered. We may require additional verifications or information before accepting any order.

6.6 Taxes. The payments required under Section 6.2 (Service Subscription Fees) of this Agreement do not include any Sales Tax that may be due in connection with the Services provided under the Agreement. If Girudo determines it has a legal obligation to collect a Sales Tax from you in connection with the Agreement, Girudo may collect such Sales Tax in addition to the payments required under Section 6.2 (Service Subscription Fees) of the Agreement. If any services or products, or payments for any services or products, under the Agreement are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Girudo, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Girudo for any liability or expense Girudo may incur in connection with such Sales Taxes. Upon Girudo’s request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

6.8 Import Duties and Taxes. When you order products for overseas delivery, you may be subject to import duties and taxes, which are levied when the package with the products arrives at the destination that you specified. Any charges for customs clearance must be borne by you, as Girudo has no control over such charges and cannot foresee the amount charged (if any). Since customs policies vary from country to country, you should contact the customs office in the country where you have us ship your products to get more information. Please also be aware that you are considered the importer of record and must comply with all laws and regulations of such country.

6.9 Free Trials and Other Promotions. Any free trial or other promotion that provides complimentary Premium Subscription access to the Services must be used within the specified time of the trial. At the end of the trial period, your use of the features associated with that Premium Subscription will expire and any further use of such features is prohibited unless you pay the applicable Service Subscription Fee. If you are inadvertently charged for a Premium Subscription, please contact Girudo to have the charges reversed.

6.10 Third-Party E-commerce Providers. Girudo uses third-party service providers such as Shopify Inc. for ecommerce services (e.g., card acceptance, merchant settlement, and related services) (each, a “Payment Processor”). By buying products on the Services, you hereby consent and authorize Girudo and Shopify to share any information and payment instructions you provide with one or more Payment Processor(s) to the minimum extent required to complete your transactions.

You agree to indemnify and hold Girudo, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “Girudo Party” and collectively, the “Girudo Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) Your Content; (b) your use of any Service in violation of the Agreement; (c) your violation of any rights of another party, including any Registered Users; and (d) your violation of any applicable laws, rules or regulations. Girudo reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to fully cooperate with Girudo in asserting any available defenses. This provision does not require you to indemnify any of the Girudo Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to the Services.

8.1 As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. GIRUDO EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES.

(a) GIRUDO MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
(b) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GIRUDO OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
(c) From time to time, Girudo may offer new “beta” features or tools with which its users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Girudo’s sole discretion. The provisions of this section apply with full force to such features or tools.

9.1 Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL THE GIRUDO PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT GIRUDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES, ON ANY THEORY OF LIABILITY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A GIRUDO PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A GIRUDO PARTY’S NEGLIGENCE; OR (B) ANY INJURY CAUSED BY A GIRUDO PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

9.2 Cap on Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, THE GIRUDO PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE TOTAL AMOUNT PAID TO Girudo by you during the THREE (3)-month period prior to the act, omission, or occurrence giving rise to such liability; or THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A GIRUDO PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A GIRUDO PARTY’S NEGLIGENCE; OR (B) ANY INJURY CAUSED BY A GIRUDO PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

10.1 Procedure for Making Claims of Copyright Infringement. Girudo respects the intellectual property rights of others and follows the requirements set forth in the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. It is Girudo’s policy to terminate access to the Services of any Registered User who repeatedly infringes copyright upon prompt notification to Girudo by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Services of the material that you claim is infringing, such as a URL; (d) your address, telephone number, and email address; (e) a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Girudo’s Copyright Manager for notice of claims of copyright infringement is as follows:
7901 4th St N # 27861, St. Petersburg, FL 33702, USA
Phone: (305) 831-1531
Email: support@www.girudo.com

10.2 Girudo’s Actions Upon Receipt of Notifications of Claimed Infringement. If Girudo receives a complete notification from a rights holder or someone acting on their behalf claiming that User Content infringes the rights holder’s copyright, Girudo generally notifies the applicable Registered User. At the same time, we will generally remove or disable access to recorded or other Content containing the claimed infringing material. We may suspend an Account if the claimed infringement is continuing at the time we receive the rights holder’s notification.

10.3 Girudo’s Actions Upon Receipt of Counter-Notifications. If Girudo receives a complete counter-notification from the applicable Registered User, Girudo generally notifies the claimant who submitted the original notification. At the same time, we may restore recorded Content containing the claimed infringing material. Disputed notifications generally will not qualify for a strike under our Repeat Infringer Policy (as provided by Section 10.7 (Repeat Infringer Policy)), unless and until the dispute has been resolved by the applicable Registered User and the rights holder. Please note that Girudo may not be able to reinstate certain material or access to it due to factors such as the passage of time or the format in which the material was broadcast or stored.

10.4 Girudo’s Actions Upon Receipt of Retractions. If Girudo receives a retraction from a rights holder or someone acting on their behalf, we may restore recorded Content containing the claimed infringing material and the disputed notification will not qualify for a strike under our Repeat Infringer Policy (as provided by Section 10.7 (Repeat Infringer Policy)). Please note that Girudo may not be able to reinstate certain material or access to it due to factors such as the passage of time or the format in which the material was broadcast or stored.

10.5 How to Submit a Counter-Notification. If you are a Registered User and a notification of claimed infringement has been submitted against Your Content, we encourage you to review the details we have provided and consider your options. If you believe that the notification, and any action Girudo has taken as a result, was sent due to a mistake (for example, you believe your actions qualify as fair use under U.S. law) or misidentification, then you may send us a counter-notification. To send a counter-notification, please provide all of the following information: (a) URL(s) where the material that was the subject of the notification of claimed infringement appeared before it was identified, removed, or access to it was disabled; (b) name of the claimant who submitted the notification; (c) your Girudo username, if any; (d) your full legal name; (e) your email address; (f) your full postal address; (g) your phone number; and (h) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you have a good faith belief that the material identified in the notification was identified, removed, and/or disabled as a result of mistake or misidentification. You also have the option to explain why you believe there was a mistake or misidentification. Counter-notifications that include all of the information above should be sent to Girudo’s Copyright Agent as identified in Section 10.1 (Procedure for Making Claims of Copyright Infringement). Keep in mind that failure to provide this information could result in Girudo being unable to take action in response to your counter-notification.

10.6 How to Submit a Retraction. If you are a Registered User who has received a notification of claimed infringement, you can seek a retraction by reaching out to the rights holder or agent who sent the notification directly. Girudo will honor retractions of notifications from the party that originally submitted the notifications. If you are a rights holder or agent who submitted a notification that you wish to retract, please contact Girudo’s Copyright Agent as identified in Section 10.7 (Procedure for Making Claims of Copyright Infringement) with the following information: (a) the date of your original notification; (b) the copyrighted work(s) allegedly infringed; (c) the URL(s) where the allegedly infringing material could be found; and (d) a signature.

10.7 Repeat Infringer Policy. Girudo will terminate a Registered User’s access to the Services if such Registered User is determined by Girudo to be a “repeat infringer” of copyrighted works on the Services. Under our policy, a Registered User will be considered a repeat infringer if they accrue three copyright strikes. Furthermore, we may in appropriate cases and at our sole discretion, limit access to the Services and/or terminate the Accounts of any Registered User who blatantly and egregiously infringes the intellectual property rights of others, whether or not repeat infringement has occurred. Registered Users generally earn a strike when Girudo receives a complete notification of infringement and does not receive a complete counter-notification regarding the alleged infringement or a retraction of the notification. Strikes are not permanent, but rather are associated with an Account for enough time for Girudo to determine whether the Registered User is engaging in repeated infringement such that termination is necessary under this policy. When determining whether Registered Users are repeat infringers under this policy, we take into consideration complete notifications of claimed infringement from rights holders, complete counter-notifications from Registered Users, retractions from rights holders, and other relevant factors and circumstances. Girudo may also ask the complainant and/or Registered User for more information where we think it’s necessary to fairly apply our Repeat Infringer Policy. If a relevant court rules that a Registered User is an “infringer” or “repeat infringer” on Girudo, we will take that ruling as conclusive under our Repeat Infringer Policy. To provide judicial determinations showing that a Registered User is an infringer, or a repeat infringer, on the Services, please forward it to our Girudo’s Copyright Agent as identified in Section 10.7 (Procedure for Making Claims of Copyright Infringement) with “court ruling regarding infringer/repeat infringer” in the subject line. Girudo personnel will review the submission and may contact the complainant and/or Registered User to verify the court ruling and understand its scope.

11.3 Termination of Services by Girudo. You will have thirty (30) days from the Service Commencement Date, or any Renewal Commencement Date, for any Premium Subscriptions hereunder, to cancel such Premium Subscription, in which case Girudo will refund your Service Subscription Fee, if already paid pursuant to 6.2 (Service Subscription Fees), for the applicable Premium Subscription. Except as set forth above, the Service Subscription Fee for any Premium Subscription shall be non-refundable. If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of the Agreement, or if Girudo is required to do so by law (e.g., where the provision of the Services is, or becomes, unlawful), Girudo has the right to, immediately and without notice, suspend or terminate any Services provided to you. You agree that all terminations for cause shall be made in Girudo’s sole discretion and that Girudo shall not be liable to you or any third party for any termination of your Account.

11.4 Termination of Services by You. If you want to terminate the Services provided by Girudo, you may do so by (a) notifying Girudo at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to Girudo’s address set forth below. YOUR PREMIUM SUBSCRIPTION WILL CONTINUE AT THE END OF EACH SUBSCRIPTION TERM UNLESS YOU CANCEL YOUR PREMIUM SUBSCRIPTION IN ACCORDANCE WITH THE PROCEDURE SET FORTH IN SECTION 6.3 (AUTOMATIC RENEWAL).

11.5 Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. Girudo will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

11.6 No Subsequent Registration. If your registration(s) with, or ability to access, the Services or any other Girudo community, is discontinued by Girudo due to your violation of any portion of the Agreement or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access the Services or any Girudo community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Services to which your access has been terminated. In the event that you violate the immediately preceding sentence, Girudo reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.

The Services can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Girudo intends to announce such Services or Content in your country. The Services are controlled and offered by Girudo from its facilities in the United States of America. Girudo makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.

13.1 Applicability of Arbitration Agreement. If you live in the U.S., subject to the terms of this Arbitration Agreement, you and Girudo agree that any disagreement, controversy, or claim arising out of or relating in any way to your access to or use of the Services, any communications you receive from the Girudo, any products sold or distributed through the Website or the Services, or these Terms of Service and prior versions of the Terms of Service (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (a) you and Girudo may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (b) you or Girudo may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that were not noticed or that involve facts occurring before the existence of this or any prior versions of the Terms of Service as well as claims that may arise after the termination of these Terms of Service

13.2 Informal Dispute Resolution. There might be instances when a Dispute arises between you and Girudo. If that occurs, Girudo is committed to working with you to reach a prompt, low‐cost and mutually beneficial resolution. You and Girudo agree to participate in good faith informal efforts to resolve Disputes before starting an arbitration or initiating an action in small claims court (“Informal Dispute Resolution”). You and Girudo agree that as part of these efforts, either party has the option to ask the other to meet and confer telephonically (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you must also personally participate.

13.3 To initiate Informal Dispute Resolution, a party must give notice in writing to the other party (“Notice”). Such Notice to Girudo should be sent by email to support@www.girudo.com or regular mail to our offices located at 7901 4th St N #27861, St. Petersburg, FL 33702, USA. The Notice must include: (a) your name, telephone number, mailing address, and email address associated with your Account (if you have one); (b) the name, telephone number, mailing address, and email address of your counsel, if any; and (c) a description of the Dispute. Girudo will send Notice, including a description of the Dispute, to your email address or regular address on file. It is your responsibility to ensure your email and regular address are correct and remain up to date.
The Informal Dispute Resolution process lasts forty-five (45) days and is a mandatory precondition to commencing arbitration. During this period, either party has the option to ask the other to participate in an Information Dispute Resolution Conference as part of a good faith effort to resolve the Dispute. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms or organizations represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree.
The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in Informal Dispute Resolution

13.4 Waiver of Jury Trial. YOU AND GIRUDO HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Girudo are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection entitled “Applicability of Arbitration Agreement” above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

13.5 Waiver of Class and Other Non-Individualized Relief. EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall affect the terms and conditions under the subsection 13.9 entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this subsection, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Girudo agree that the particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of California. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or Girudo from participating in a class-wide or mass settlement of claims.

13.6 Rules and Forum. The Agreement evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement, including the procedures governing Batch Arbitration, and any arbitration. If Informal Dispute Resolution does not resolve satisfactorily within forty-five (45) days after receipt of a Notice, you and Girudo agree that either party shall have the right to finally resolve the Dispute through binding arbitration.
The arbitration will be administered by the National Arbitration & Mediation (“NAM”) in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedure (the “NAM Rules”) in effect at the time of arbitration, except as supplemented, where applicable, by the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (the “NAM Mass Filing Rules”), and as modified by this Arbitration Agreement. The NAM Rules are currently available at https://www.namadr.com/resources/rules-fees-forms/.
13.7 A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (a) the name, telephone number, mailing address, email address of the party seeking arbitration, and the Account username (if applicable), as well as the email address associated with any applicable account; (b) a statement of the legal claims being asserted and the factual bases of those claims; (c) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (d) a statement certifying completion of the Informal Dispute Resolution process as described above; and (e) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration. Any Request you send to Girudo should be sent by email to support@www.girudo.com or regular mail to our offices located at 7901 4th St N #27861, St. Petersburg, FL 33702, USA. Girudo will provide the Request to your email address on file.
If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that, consistent with the standards set forth in Federal Rule of Civil Procedure 11(b): (i) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery (“Counsel’s Certification”).
Unless you and Girudo otherwise agree, or the Batch Arbitration process discussed in subsection 13.9 is triggered, the arbitration will be conducted in the county where you reside. Subject to the NAM Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of arbitration. If NAM is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any NAM fees and costs will be solely as set forth in the applicable NAM fee schedules (the “Fee Schedules”). You and Girudo agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
You and Girudo agree that at least fourteen (14) days before the date set for an arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover any post-offer costs to which they otherwise would be entitled and shall pay the offering party’s costs from the time of the offer.
13.8 Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from NAM’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then NAM will appoint the arbitrator in accordance with NAM Rules, provided that if the Batch Arbitration process under subsection 13.9 is triggered, NAM, without soliciting input or feedback from any party, will appoint the arbitrator for each batch.
13.9 Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes regarding the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except that all Disputes regarding the subsection entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of the subsection entitled “Waiver of Class and Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such subsection entitled “Waiver of Class and Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
13.10 Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). To the extent, following a presentation on the merits, on its own motion or a party’s, and after affording a reasonable opportunity to respond, an arbitrator determines that a party who commenced arbitration did not bring its claim(s) consistent with Counsel’s Certification and the standards set forth in Federal Rule of Civil Procedure 11(b), the arbitrator shall, as part of its award, impose sanctions by ordering that the initiating party reimburse the responding party for all arbitration costs and arbitrators’ fees the responding party incurred under the Fee Schedules.
13.11 Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Girudo agree that in the event that there are twenty-five (25) or more individual Requests of a substantially similar nature filed against Girudo by or with the assistance of the same law firm, group of law firms, or organizations (“Claimants’ Counsel”), within a ninety (90) day period, NAM shall (a) administer the arbitration demands in batches of 100 Requests per batch (or, if between twenty-five (25) and ninety-nine (99) individual Requests are filed, a single batch of all those Requests, and, to the extent there are fewer than 100 Requests remaining after the batching described above, a final batch consisting of the remaining Requests); (b) appoint one arbitrator for each batch; and (c) provide for the resolution of each batch on a consolidated basis with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be selected by Claimants’ Counsel or, if Claimants’ Counsel does not have a preference, by the arbitrator, and one final award (“Batch Arbitration”). NAM shall administer all batches concurrently, to the extent possible.
All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issue(s) and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Girudo.
You and Girudo agree to cooperate in good faith with NAM to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (i) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (ii) the adoption of an expedited calendar of the arbitration proceedings.
This Batch Arbitration provision shall in no way be interpreted as authorizing or creating a class, collective, and/or representative arbitration or action of any kind, except as expressly set forth in this provision, and nothing about the Batch Arbitration process will preclude any party from participating in any arbitration administered according to that process.
13.12 Invalidity, Expiration. Except as provided in the subsection entitled “Waiver of Class or Other Non-Individualized Relief,” if any part or parts of this Arbitration Agreement (other than Section 13.9) are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect. However, if Section 13.9 of this Arbitration Agreement is found under the law to be invalid or unenforceable then, in that case, the entire Arbitration Agreement shall be void, and the parties agree that all Disputes will be heard in the state or federal courts located in San Francisco, California. You further agree that any Dispute that you have with Girudo as detailed in this Arbitration Agreement must be initiated within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
13.13 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: 7901 4th St N #27861, St. Petersburg, FL, 33702 USA, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Girudo account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms of Service will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any arbitration agreements that you may currently have with us, including any previous versions of this Arbitration Agreement to which you agreed, and has no effect on any arbitration agreements with us you may enter in the future.
13.14 Modification You and we agree that Girudo retains the right to modify this Arbitration Agreement in the future. Any such changes will be posted at 7901 4th St N #27861, St. Petersburg, FL 33702, USA, and you should check for updates regularly. Notwithstanding any provision in these Terms of Service to the contrary, we agree that if Girudo makes any future material change to this Arbitration Agreement, it will notify you. Your continued use of the Website and/or Services, including the acceptance of products and services offered on the Website following the posting of changes to this Arbitration Agreement, constitutes your acceptance of any such changes. If you have previously agreed to a version of these Terms of Service with an arbitration agreement and you did not validly opt out of arbitration, changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of arbitration. Girudo will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms of Service.
13.15 Governing Courts. To the extent that the Dispute is not covered by any arbitration agreement between you and us, it shall proceed before the state or federal courts located in San Francisco, California (except for small claims court actions which may be brought in the county where you reside).

14.1 Governing Law. Any dispute, claim or request for relief relating in any way to your use of the Services will be governed and interpreted by and under the laws of the state of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement.

14.2 Electronic Communications. The communications between you and Girudo may take place via electronic means, whether you visit the Services or send Girudo emails, or whether Girudo posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Girudo in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Girudo provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq.
14.3 Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Girudo’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
14.4 Force Majeure. Girudo shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, pandemics, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
14.5 Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Services, please contact us at: support@www.girudo.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
14.6 Choice of Language. It is the express wish of the parties that the Agreement and all related documents have been drawn up in English.
14.7 Notice. Where Girudo requires that you provide an email address, you are responsible for providing Girudo with your most current email address. In the event that the last email address you provided to Girudo is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, Girudo’s dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to Girudo at the following address: 7901 4th St N #27861, St. Petersburg, FL, 33702 USA. Such notice shall be deemed given when received by Girudo by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
14.8 Waiver. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
14.9 Severability. If any portion of the Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
14.10 Export Control. You may not use, export, import, or transfer any Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Girudo are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Girudo products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
14.11 Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
14.12 Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

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