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Terms of Service for Town Scryer by Toadstool Labs LLC

Effective Date: December 24, 2023

1. Acceptance of Terms

By accessing or using the Town Scryer software services provided by Toadstool Labs LLC ("Toadstool Labs LLC", "we", "us", "our"), you ("you", "your", "user") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our services.

1.1 Privacy Policy

By using Town Scryer, you also agree to our Privacy Policy, which is incorporated into these Terms by reference.

2. Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding contract to use Town Scryer. By using our services, you represent and warrant that you meet these requirements.

3. License Grant and Restrictions

3.1 License Grant: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use Town Scryer strictly in accordance with these Terms.

3.2 License Restrictions:

4. User Conduct and Community Guidelines

4.1 Conduct Requirements: You agree to use Town Scryer in a manner that is lawful, ethical, and in accordance with our community guidelines, which promote a respectful and safe environment.

4.2 Prohibited Conduct:

4.3 Violation of Guidelines: Violation of these guidelines may result in suspension or termination of your account, at our sole discretion.

5. User-Generated Content

5.1 Responsibility for Content: You are solely responsible for all content that you create, upload, post, or otherwise transmit through Town Scryer. You represent and warrant that you have all necessary rights and permissions to submit such content and that it does not infringe or violate any third-party rights.

5.2 Prohibited Content: You agree not to submit content that is unlawful, defamatory, obscene, pornographic, harassing, threatening, or otherwise objectionable, or that encourages illegal activities. Content must not include any explicit, harmful, defamatory, or illegal text.

5.3 Monitoring and Removal: We reserve the right, but not the obligation, to monitor, review, or remove user-generated content at our sole discretion for any reason, including for violation of these Terms or applicable laws.

5.4 License to User Content: By submitting content, you grant Toadstool Labs LLC a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable license to use, reproduce, modify, distribute, display, and create derivative works from your content for the purposes of operating, improving, and promoting our services.

6. Intellectual Property Rights

6.1 Ownership: Toadstool Labs LLC retains all right, title, and interest in and to Town Scryer, including all software, technology, algorithms, and intellectual property rights therein.

6.2 Feedback: If you provide us with any suggestions, feedback, or recommendations regarding Town Scryer, you grant us a perpetual, irrevocable, royalty-free license to use and incorporate such feedback into the service.

7. Payment Terms

7.1 Tokens and Membership Services: Town Scryer operates on a token-based system. Users are initially provided with free tokens. Upon depletion of these tokens, you may purchase additional tokens to continue using the service. Tokens may only be used for generating content on Town Scryer.

7.2 Tokens are Non-Transferable: Tokens are a type of virtual credit and have no monetary value. Tokens are not redeemable for cash or any other goods or services and may not be transferred, sold, or gifted to any other user.

7.3 Non-Refundable Purchases: All purchases, including tokens and subscriptions, are non-refundable except as required by law. You may terminate your subscription at any time, but unused tokens do not roll over and will not be available after subscription termination.

7.4 Payment and Taxes: All prices are listed in U.S. Dollars and do not include applicable taxes such as sales tax or VAT, which may be assessed by our payment processor.

7.5 Termination for Non-Payment: If a subscription payment fails on its renewal date, we reserve the right to terminate or suspend your access to Town Scryer's Membership Services.

8. Disclaimers and Limitation of Liability

8.1 "As Is" Basis: Town Scryer is provided on an "as is" and "as available" basis without any warranties of any kind, express or implied.

8.2 Disclaimer of Warranties: Toadstool Labs LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

8.3 Limitation of Liability: In no event shall Toadstool Labs LLC, its affiliates, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use Town Scryer.

8.4 AI-Generated Content: You acknowledge that Town Scryer utilizes artificial intelligence to generate content, which may not always be accurate, complete, or appropriate. You agree not to rely solely on AI-generated content for making decisions and assume all risks associated with the use of such content.

9. Indemnification

You agree to indemnify, defend, and hold harmless Toadstool Labs LLC and its affiliates, officers, agents, employees, and partners from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of Town Scryer, your violation of these Terms, or your infringement of any third-party rights.

10. Termination of Service

10.1 Termination by Us: We reserve the right to suspend or terminate your account and access to Town Scryer at any time, with or without cause, with or without notice, effective immediately.

10.2 Effect of Termination: Upon termination, all licenses and rights granted to you in these Terms will immediately cease. Any provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnities, and limitations of liability.

11. Modifications to the Terms

11.1 Amendments: Toadstool Labs LLC reserves the right to modify or replace these Terms at any time. We will notify users of significant changes by posting the new Terms on our website or via email.

11.2 Acceptance of Changes: Your continued use of Town Scryer after any such changes constitutes your acceptance of the new Terms.

12. Governing Law and Jurisdiction

12.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of [Insert State], United States, without regard to its conflict of law provisions.

12.2 Jurisdiction: Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in [Insert County], [Insert State], and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.

13. Dispute Resolution

13.1 Informal Resolution: Before initiating any legal action, you agree to contact us to resolve the dispute informally by contacting us at [email protected]. We will attempt to resolve the dispute informally within 30 days.

13.2 Arbitration Agreement: Any dispute arising out of or relating to these Terms or the use of Town Scryer that cannot be resolved informally shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.

13.3 Class Action Waiver: All claims and disputes must be arbitrated or litigated on an individual basis and not on a class or collective basis.

14. Compliance with Laws

You are responsible for complying with all applicable local, state, national, and international laws, rules, and regulations in connection with your use of Town Scryer.

15. Accessibility

We strive to make our services accessible to users with disabilities where feasible.

16. Service Level Agreements (SLAs)

We endeavor to maintain service uptime and support responsiveness as per our published Service Level Agreements (SLAs). However, we do not guarantee that the service will be uninterrupted or error-free.

17. Acknowledgement of Similar Outputs

Due to the nature of AI-generated content, you acknowledge and agree that similar or identical outputs may be generated by the AI for different users independently.

18. Miscellaneous

18.1 Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.

18.2 Entire Agreement: These Terms constitute the entire agreement between you and Toadstool Labs LLC regarding the use of Town Scryer and supersede any prior agreements between you and Toadstool Labs LLC.

18.3 Waiver: The failure of Toadstool Labs LLC to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

18.4 Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without Toadstool Labs LLC's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. Toadstool Labs LLC may assign or transfer these Terms at its sole discretion, without restriction.

18.5 Third-Party Services: Town Scryer may integrate or interact with third-party services (e.g., payment processors, social media platforms). Toadstool Labs LLC is not responsible for the content, policies, or practices of any third-party websites or services.

18.6 Force Majeure: Toadstool Labs LLC shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Toadstool Labs LLC's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

19. Contact Information

If you have any questions about these Terms, please contact us at via email.

20. Agreement to Terms

By accessing or using Town Scryer, you acknowledge that you have read, understood, and agree to be bound by these Terms.