Terms of Service

Last Updated: June 26, 2026

Welcome and thank you for your interest in Fiveonefour! These Terms of Service, together with any applicable Supplemental Terms (as defined in Section 1.2 (Supplemental Terms)) (collectively, this "Agreement") are a binding contract between Fiveonefour Labs, Inc. ("Fiveonefour", "we", "us", or "our") and you. This Agreement governs your access to and use of Fiveonefour's platform, products, and related services, including any associated web applications, desktop applications, and any other software or features made available by Fiveonefour (collectively, the "Services"), as further described herein.

By clicking "I Accept," registering an account, or otherwise accessing or using the Services, you acknowledge that you have read and understand this Agreement, and you agree to be legally bound by its terms. You must be legally capable of entering into this Agreement. You represent and warrant that you have the right, power, and authority to enter into this Agreement. If you are entering into this Agreement on behalf of a company, organization, or other entity ("Organization"), you represent and warrant that you have the legal authority to bind such Organization to this Agreement, and references to "you" and "your" in this Agreement will refer to both you individually and such Organization. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICES.

Fiveonefour operates an agent experience (AX) platform that enables software developers, product teams, and other users to measure and improve how AI agents and models experience and use their software products, tools, and interfaces. The platform provides a configurable testing harness through which users may define scenarios, select the AI agents and large language models to be exercised against their software, set test parameters and assertions, and connect their software interfaces, in order to run automated, repeatable experiments, compare results across configurations (such as different agents, models, or interaction methods), and generate results and insights therefrom. The platform is accessible via Fiveonefour's cloud-based service or through a locally-installed command-line interface, with the option to upload locally-generated results to the cloud. Outputs generated through the platform include structured result data (such as pass/fail metrics and performance measurements like latency, cost, and wall-clock time) and trace data, which reflects a structured record of a single interaction or workflow between an AI agent and the user's software or environment (collectively, the "Trace Data"). Trace Data may contain information from third-party systems connected to the platform by the user.

PLEASE READ THIS AGREEMENT CAREFULLY AND BE AWARE THAT SECTION 10 PROVIDES THAT, UNLESS YOU OPT OUT WITHIN 30 DAYS OF AGREEING TO THIS AGREEMENT, ALL DISPUTES BETWEEN YOU AND FIVEONEFOUR, WITH LIMITED EXCEPTIONS, WILL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 10 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER.

THE AGREEMENT IS SUBJECT TO CHANGE BY FIVEONEFOUR IN ITS SOLE DISCRETION AT ANY TIME AS SET FORTH IN SECTION 11.7 (AGREEMENT UPDATES).

1. Fiveonefour Services; Access; Restrictions.

1.1 License to the Services.

Subject to the terms and conditions of this Agreement, Fiveonefour hereby grants to you a revocable, non-sublicensable, non-transferable (except as provided in Section 11.2 (Assignment)), non-exclusive right to: (i) access and use the Services, including via web browser, desktop, and accompanying documentation and (ii) for those items identified on the Services as downloadable, to download, install, and use the locally-installable command-line interface component on devices owned or controlled by you, in each case solely for your internal business or personal productivity purposes.

1.2 Supplemental Terms.

Your use of, and participation in, certain features and functionality of the Services may be subject to additional terms ("Supplemental Terms"). Such Supplemental Terms will either be set forth in the applicable supplemental service or will be presented to you for your acceptance when you sign up to use the supplemental service. If this Agreement is inconsistent with the Supplemental Terms, then the Supplemental Terms shall control with respect to such supplemental service.

1.3 Access.

You will be provided access to and use of the Services through authentication credentials. For certain aspects of the Services you may also access the Services by linking or authenticating through a third-party account provider (such as Google or an enterprise single sign-on provider) (each, a "Third-Party Account"). By linking a Third-Party Account, you authorize Fiveonefour to access, and where applicable store, information from your Third-Party Account to the extent necessary to provide the Services. You represent that you are entitled to grant Fiveonefour such access without breach of any terms governing your Third-Party Account. Your relationship with any third-party account provider is governed solely by your agreement with such provider, and Fiveonefour disclaims any liability for information provided to it by such provider. These credentials cannot be shared or used by more than one individual user to access the Services. You are responsible for: (a) maintaining the confidentiality of your authentication credentials as well as API keys and access tokens associated with your account; (b) all activities that occur under your account; and (c) ensuring that all third-party integrations and connections are authorized by you. You will promptly notify Fiveonefour of any actual or suspected unauthorized use or access to your account. Fiveonefour is not responsible for unauthorized access caused by your failure to secure credentials, API keys, access tokens, or third-party accounts.

1.4 Support.

Subject to the terms and conditions of this Agreement, Fiveonefour will exercise commercially reasonable efforts to: (a) provide support to you for the use of the Services; and (b) keep the Services operational and available to you, in each case in accordance with its standard policies and procedures.

1.5 Restrictions.

As used herein, "Fiveonefour Technology" means the Services, accompanying documentation, Performance Data (as further described in Section 4.3), and all applicable software, data, or technical information used by Fiveonefour or provided to you in connection with the foregoing. You will not, and will not permit any user or other party to: (a) allow any third party to access the Fiveonefour Technology except as expressly allowed herein; (b) sublicense, lease, sell, resell, rent, loan, distribute, transfer or otherwise allow the use of the Fiveonefour Technology for the benefit of any unauthorized third party; (c) reverse engineer, decompile, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or the underlying ideas, algorithms, structure or organization) of the Fiveonefour Technology, or attempt to extract models, prompts, memories, or system logic, except as permitted by applicable law; (d) use any automated software, bots, scrapers, crawlers, devices, or other processes to access, scrape, extract, download data from, or otherwise interact with the Fiveonefour Technology (except for Your Content) without the prior written consent of Fiveonefour; (e) interfere in any manner with the operation or integrity of the Fiveonefour Technology or the hardware and network used to operate the same, or attempt to probe, scan or test vulnerability of the Fiveonefour Technology, or circumvent any safeguards, without the prior written consent of Fiveonefour; (f) attempt to access the Fiveonefour Technology through any unapproved interface; (g) attempt to circumvent any usage restrictions of the Fiveonefour Technology; (h) modify, copy or make derivative works based on any part of the Fiveonefour Technology; (i) access or use the Fiveonefour Technology to build a similar or competitive product or service or otherwise engage in competitive analysis or benchmarking; (j) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) of Fiveonefour or its licensors on the Fiveonefour Technology or any copies thereof; (k) use the Fiveonefour Technology to violate any applicable law or third-party rights; (l) use the Fiveonefour Technology to generate malware, exploits, or intentionally insecure code; (m) use the Fiveonefour Technology to send unlawful, deceptive, or unsolicited communications; (n) impersonate or misrepresent your identity, or pretend to be any other person or entity, when accessing or using the Fiveonefour Technology; or (o) otherwise use the Fiveonefour Technology in any manner that exceeds the scope of use permitted under Section 1.1 or in a manner inconsistent with applicable law or this Agreement.

1.6 Suspension.

Fiveonefour reserves the right to block, suspend, or terminate your access to the Services for any failure, or suspected failure, to comply with Section 1.5. Fiveonefour may also block, suspend, or terminate your access to all or any part of the Services, without notice and without incurring any resulting obligation or liability, if Fiveonefour believes, in its good faith and reasonable discretion, that your use of the Services poses a risk to the security or integrity of Fiveonefour's systems, interferes with Fiveonefour's ability to reliably provide the Services to other customers, or may subject Fiveonefour to liability. Fiveonefour may additionally block, suspend or terminate access for legal or security reasons or to protect system integrity.

1.7 Your Content.

Any content or information uploaded or transmitted to the Services by you or users, including from Third-Party Services (defined below) and any Outputs (defined below) generated by or through the Services, including Trace Data, constitutes "Your Content." You have the sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Your Content. Your Content will not: (a) be unlawful; or (b) knowingly contain any viruses, worms or other malicious computer programming codes intended to damage the Services.

2. Third-Party Services; AI Tools.

2.1 Third-Party Services.

Any third-party service or application connected to, or integrated with, the Services by or on behalf of you constitutes a "Third-Party Service." You may elect to link certain Third-Party Services (such as workspace tools and customer relationship management tools) to the Services, including by entering your credentials, API keys, or other access tokens associated with your account with such Third-Party Service. You acknowledge that: (a) Fiveonefour may access any of Your Content provided via a Third-Party Service so that it may be used in accordance with the terms of this Agreement; and (b) you are instructing Fiveonefour to share Your Content (including personal data where directed) with the providers of such Third-Party Services. Third-Party Services are not under the control of Fiveonefour, and Fiveonefour is not responsible for any Third-Party Services, including third-party outages, data loss, third-party terms or practices, or changes made by third-party providers. You acknowledge and accept that Fiveonefour does not guarantee the continued interoperability or availability of any Third-Party Service, which may be updated or removed from the Services from time to time.

2.2 Use of AI Tools.

The Services are designed to interoperate with generative artificial intelligence and machine learning services or applications, including, without limitation, third-party large language models (collectively, "AI Tools"). You are responsible for obtaining and maintaining your own accounts, subscriptions, and API keys or other access credentials with the third-party providers of AI Tools (each, a "Model Provider"), and for configuring such credentials within the Services. Fiveonefour does not provide, host, or supply AI Tools or any underlying models. Your relationship with each Model Provider is governed solely by your agreement with such Model Provider. You may submit certain tests or other inputs to the AI Tools through the Services ("Inputs") and receive back outputs generated by the AI Tools in response to your Inputs ("Outputs"). Inputs and Outputs are both Your Content. Inputs will be transmitted to the applicable Model Provider(s) through your credentials solely to generate Outputs. You acknowledge and agree that: (a) AI-generated Outputs may be inaccurate, incomplete, or incorrect due to the probabilistic nature of machine learning; (b) Outputs are provided as assistance and do not constitute professional advice; (c) you are solely responsible for reviewing and analyzing the Outputs; (d) Fiveonefour makes no guarantees of originality, non-infringement, or fitness for production with respect to any Outputs; (e) you assume all risk arising from reliance on Outputs; and (f) Fiveonefour has no responsibility or liability for the availability, performance, accuracy, or conduct of any AI Tools or Model Provider.

2.3 Compliance with Third-Party Terms.

You are solely responsible for reviewing, understanding, and complying with all terms of service and other contractual obligations governing your use of any Third-Party Service or AI Tools accessed through or in connection with the Services (collectively, "Third-Party Terms"), including, without limitation, any restrictions on benchmarking, competitive analysis, or publication of performance results. You are responsible for ensuring that you are entitled to grant Fiveonefour access to your account with each Third-Party Service, and you are responsible for all activity under the Third-Party Services, including all payment obligations associated with a Third-Party Service. You shall not use the Services in any manner that would cause you or Fiveonefour to violate any Third-Party Terms. Fiveonefour disclaims all liability arising from your failure to comply with any Third-Party Terms.

3. Fees and Purchase Terms.

3.1 Payment.

Fiveonefour may offer the Services in accordance with the pricing model as set forth on Fiveonefour's website or within the Services. If you elect a paid plan, you agree to pay the applicable fees ("Fee(s)") in accordance with the pricing and payment terms presented to you at the time of purchase. Fees are processed through Fiveonefour's third-party payment processor (currently Stripe, Inc., or such other payment processor as Fiveonefour may designate from time to time). By providing payment information, you authorize Fiveonefour and its payment processor to charge the applicable Fees to your designated payment method. Fiveonefour reserves the right to modify its pricing upon reasonable notice to you, with any changes taking effect at the start of your next billing cycle.

3.2 Fees and Taxes.

If Fiveonefour charges Fees for the Services or any of its products and Fiveonefour determines it has an obligation to collect Sales Tax from you in connection with this Agreement, Fiveonefour will collect such Sales Tax in addition to the Fee(s). If any Services or payments for any Services under this Agreement are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Fiveonefour, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant authority, and you will indemnify Fiveonefour for any liability or expense Fiveonefour may incur in connection with such Sales Taxes. Upon Fiveonefour'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 3.2, "Sales Tax" means 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.

4. Proprietary Rights.

4.1 Fiveonefour Technology.

You acknowledge that Fiveonefour retains all right, title, and interest in and to the Fiveonefour Technology, including any enhancements, improvements, or derivatives thereto, and that the Fiveonefour Technology is protected by intellectual property rights owned by or licensed to Fiveonefour. Other than as expressly set forth in this Agreement, no license or other rights in the Fiveonefour Technology are granted to you.

4.2 Your Content.

You retain all right, title, and interest in and to Your Content, including any Trace Data and Outputs generated through your use of the Services. You hereby grant to Fiveonefour a non-exclusive, worldwide, perpetual, irrevocable, royalty-free and fully paid-up license to access and use Your Content for Fiveonefour's business purposes, including without limitation: (i) to provide and improve the Services; and (ii) to commercialize Your Content. Your Content does not include Performance Data (defined below).

4.3 Performance Data.

Fiveonefour may monitor your use of the Services and may collect and compile general performance and usage data about the Services, including metadata regarding your use of the Services ("Performance Data"). As between Fiveonefour and you, all right, title, and interest in the Performance Data, and all intellectual property rights therein, belong to and are retained solely by Fiveonefour. Fiveonefour may use Performance Data to operate, improve, analyze, and support the Services and for other lawful business purposes, provided that the Performance Data will not identify you or your Confidential Information or any user.

4.4 Feedback.

You or your users may give feedback to Fiveonefour on the use, operation, and functionality of the Services, including information about operating results, known or suspected bugs, errors, or compatibility problems, suggested modifications, and user-desired features, functionality, or workflows (collectively, "Feedback"). Fiveonefour may use and incorporate such Feedback in connection with its business, products and services without restriction or consideration to you. Fiveonefour will not identify you as the source of any such Feedback. Fiveonefour acknowledges that all Feedback is provided to Fiveonefour on an "as is" basis and that you are not responsible for Fiveonefour's use of any Feedback, including any results therefrom.

5. Confidential Information; Personal Data.

5.1 Restrictions.

As used herein, "Confidential Information" means all information regarding a party's business, including, without limitation, technical, marketing, financial, employee, planning, and other confidential or proprietary information, that (a) is clearly identified as confidential or proprietary at the time of disclosure, or (b) the receiving party knew or should have known, given the nature of the information and the circumstances of its disclosure, was considered confidential or proprietary. As a recipient of Confidential Information, each party agrees that it will (a) use the Confidential Information of the disclosing party only as set forth in this Agreement, (b) not disclose to any third party any Confidential Information of the disclosing party, except as expressly permitted under this Agreement, (c) limit access to the Confidential Information of the disclosing party to its employees and contractors who have a need to know such information to use or provide the Services, and ensure that such employees or contractors are bound by confidentiality obligations at least as protective as those contained herein, and (d) protect the Confidential Information of the disclosing party from unauthorized use, access, and disclosure in a reasonable manner.

5.2 Exclusions.

The restrictions on use and disclosure of Confidential Information set forth above will not apply to any Confidential Information that (a) is or becomes generally known and available to the public through no act or omission of the receiving party, (b) was in the receiving party's lawful possession without confidentiality restrictions prior to disclosure by the disclosing party, (c) is received without confidentiality restrictions from a third party with the right to make such a disclosure, or (d) is independently developed by the receiving party. The receiving party may disclose Confidential Information to the extent that such disclosure is required by law or by the order of a court or similar judicial or administrative body, provided that the receiving party will, if permitted by law, provide advance notice of the disclosure to the disclosing party and cooperate so that the disclosing party has the opportunity to obtain appropriate confidential treatment for such Confidential Information.

5.3 Personal Data.

Please review our Privacy Policy (the "Privacy Policy") for more information about how Fiveonefour handles your personal data.

6. Term and Termination.

6.1 Term.

The term of this Agreement will commence on the date you first access or use the Services and continue until terminated in accordance with this Agreement (the "Term").

6.2 Termination.

Either party may terminate this Agreement upon written notice if the other party materially breaches the Agreement and does not cure such breach (if curable) within thirty (30) days after written notice of such breach.

6.3 Termination for Convenience.

Fiveonefour reserves the right to terminate this Agreement or your access to the Services at any time without cause upon notice to you.

6.4 Effect of Termination.

Upon termination of the Services or the applicable feature or functionality thereof, your right to use the Services or the applicable feature or functionality thereof will automatically terminate, and we may delete Your Content associated therewith from our cloud-based service. If we terminate your account for cause, we may also bar your further use or access to the Services. Fiveonefour will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of this Agreement which by their nature should survive, will survive termination of the Services, including without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

6.5 No Subsequent Registration.

If this Agreement is terminated for cause by Fiveonefour or if your account or ability to access the Services is discontinued by Fiveonefour due to your violation of any portion of this Agreement or for conduct otherwise deemed inappropriate, then you agree that you shall not attempt to re-register with or access the Services through use of a different member name or otherwise.

7. Limited Warranties.

7.1 Your Content.

You represent and warrant that: (a) you have all rights necessary to upload and use Your Content with the Services and to grant Fiveonefour all licenses to Your Content in this Agreement without violating any third-party intellectual property, privacy, or other rights, including applicable data protection, data security, and privacy laws and regulations or any agreement with any Third-Party Service; and (b) to the extent you access or use the Services in connection with your employment or engagement by any Organization, you have obtained all necessary authorizations, consents, and approvals from your Organization to (i) use the Services in connection with your work for such Organization, (ii) upload, transmit, or otherwise make available any content, data, or information of or relating to your Organization through the Services, and (iii) grant Fiveonefour the rights and licenses to such content as set forth in this Agreement. You are solely responsible for compliance with any policies, agreements, or obligations between you and your Organization relating to the use of third-party services or the handling of your Organization's confidential or proprietary information.

7.2 Disclaimer.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) THE FIVEONEFOUR TECHNOLOGY IS PROVIDED "AS IS" AND "AS AVAILABLE" AND (B) FIVEONEFOUR AND ITS SUPPLIERS MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, AND HEREBY EXPRESSLY DISCLAIM ANY AND ALL OTHER WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, OR NON-INFRINGEMENT. FIVEONEFOUR DOES NOT WARRANT OR REPRESENT THAT THE FIVEONEFOUR TECHNOLOGY WILL BE FREE FROM BUGS, UNINTERRUPTED, OR ERROR-FREE. FIVEONEFOUR DOES NOT WARRANT THAT AI-GENERATED OUTPUTS WILL BE ERROR-FREE, SAFE, OR LEGALLY COMPLIANT. THE SERVICES REQUIRE CONTINUED ACCESS TO THIRD-PARTY SERVICES, MODEL PROVIDERS, AND OTHER EXTERNAL SYSTEMS TO FUNCTION AS INTENDED; FIVEONEFOUR MAKES NO WARRANTY THAT SUCH ACCESS WILL REMAIN AVAILABLE, AND FIVEONEFOUR SHALL HAVE NO LIABILITY FOR ANY LOSS OF FUNCTIONALITY RESULTING FROM THE UNAVAILABILITY, MODIFICATION, OR DISCONTINUATION OF ANY THIRD-PARTY SERVICE OR AI TOOL. FIVEONEFOUR DISCLAIMS ALL LIABILITY ARISING FROM CHANGES TO THIRD-PARTY TERMS, POLICIES, OR FUNCTIONALITY THAT AFFECT THE SERVICES.

YOU ACKNOWLEDGE AND AGREE THAT FIVEONEFOUR IS NOT LIABLE, AND YOU AGREE YOU WILL NOT SEEK TO HOLD FIVEONEFOUR LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING ANY THIRD-PARTY SERVICE, AND THAT THE RISK OF INJURY FROM ANY THIRD PARTY RESTS ENTIRELY WITH YOU.

YOU ACKNOWLEDGE THAT THE SERVICES LEVERAGE AI TOOLS PROVIDED BY MODEL PROVIDERS AND THAT FIVEONEFOUR IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD FIVEONEFOUR LIABLE, FOR ANY AI TOOLS OR THE ACTIONS OF MODEL PROVIDERS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES AND OUTPUTS COMPLIES WITH ALL APPLICABLE LAWS. YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY OUTPUTS RESULTING THEREFROM. YOU SHOULD EVALUATE THE FITNESS OF ANY OUTPUT AS APPROPRIATE FOR YOUR SPECIFIC USE CASE.

FROM TIME TO TIME, FIVEONEFOUR MAY OFFER NEW "BETA" FEATURES OR TOOLS WITH WHICH YOU 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 FIVEONEFOUR'S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.

8. Indemnification.

You shall indemnify and hold Fiveonefour, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a "Fiveonefour Party" and collectively, the "Fiveonefour 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: (i) Your Content; (ii) your use of, or inability to use, the Services; (iii) your violation of this Agreement; (iv) your violation of any rights of another party, including any user; (v) your violation of any applicable laws, rules, or regulations; (vi) your use of any AI Tools provided by Model Providers in connection with the Service; (vii) any breach by you of Section 2.3 (Compliance with Third-Party Terms); or (viii) your reliance on any Outputs. Fiveonefour 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 will fully cooperate with Fiveonefour in asserting any available defenses. This provision does not require you to indemnify any of the Fiveonefour 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 the Services or any other service provided hereunder. You agree that the provisions in this section will survive any termination of your account, this Agreement, and/or your access to the Services.

9. Limitation of Liability.

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL FIVEONEFOUR BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOST PROFITS IN ANY WAY RELATING TO THIS AGREEMENT. IN NO EVENT WILL FIVEONEFOUR'S AGGREGATE, CUMULATIVE LIABILITY IN ANY WAY RELATING TO THIS AGREEMENT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (US$100) OR THE TOTAL FEES PAID BY YOU TO FIVEONEFOUR IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL NOT APPLY TO LIABILITIES THAT CANNOT BE LIMITED BY LAW. THE PARTIES WOULD NOT HAVE ENTERED INTO THIS AGREEMENT BUT FOR SUCH LIMITATIONS.

10. Dispute Resolution Agreement.

10.1 Arbitration of Disputes.

Subject to the terms of this Section 10 ("Arbitration Agreement"), you and Fiveonefour agree that all disputes or claims between you and Fiveonefour that arise out of or relate in any way to your use of or access to the Services, or to this Agreement, including prior versions of this Agreement, (each, a "Dispute") will be resolved by binding arbitration. By entering into this Arbitration Agreement, ALL PARTIES ARE WAIVING THEIR RESPECTIVE RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. This Arbitration Agreement is intended to be broadly interpreted and includes, for example, Disputes brought under any legal theory or that arose before you first accepted any version of this Agreement containing an arbitration provision. This Arbitration Agreement does not preclude any party from (1) bringing claims in small claims court if such claims qualify and remain in small claims court; or (2) seeking equitable relief in a court of appropriate jurisdiction for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).

10.2 Informal Dispute Resolution.

Before initiating any proceeding according to the terms of this Arbitration Agreement, as a condition precedent to doing so, you and Fiveonefour agree to try to first resolve Disputes informally by contacting the other party in writing (the "Notice of Dispute"). If the Dispute is not resolved within 45 days after submission of the Notice of Dispute, you or Fiveonefour may commence arbitration or, in the limited circumstances described in this subsection above, an alternative legal proceeding. Any applicable statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this informal Dispute resolution process. You and Fiveonefour agree that any Dispute subject to arbitration under this Arbitration Agreement not resolved informally must be filed in arbitration within one (1) year after the cause of action accrues; otherwise, such cause of action is permanently barred.

10.3 Arbitration Procedures.

The interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings initiated hereunder shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. The National Arbitration & Mediation ("NAM") will administer the arbitration 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 Supplemental Rules for Mass Arbitration Filings (both sets of rules are currently available at https://www.namadr.com/resources/rules-fees-forms/), and as modified by this Arbitration Agreement. All issues are for the arbitrator to decide, including issues related to the scope and enforceability of this Arbitration Agreement and the arbitrability of Disputes, except that only a court of competent jurisdiction may decide issues concerning the validity, enforceability, interpretation, and breach of subsection 10.6 below. The arbitration will be conducted in the county where you reside or New York, New York, unless the parties agree to another location or the Batch Arbitration process is triggered per subsection 10.7 below. The arbitrator shall issue a final, binding written award, which may be entered in any court having jurisdiction.

10.4 Confidentiality.

To the fullest extent permitted by applicable law, all materials and documents exchanged during the arbitration will be kept confidential.

10.5 Arbitration Fees.

The NAM Rules shall govern the payment of arbitration fees. The parties shall bear their own attorneys' fees and costs unless the arbitrator finds that the Dispute was frivolous and/or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

10.6 No Class or Representative Actions.

You and Fiveonefour agree that, by entering into this Arbitration Agreement, all parties MAY EACH BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. 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 that party's individual claim. If a final decision, not subject to any further appeal or recourse, determines that this Arbitration Agreement is invalid or unenforceable as to any particular claim or request for relief (such as a request for public injunctive relief), you and Fiveonefour agree that 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 New York.

10.7 Batch Arbitration.

Notwithstanding subsection 10.6 above, to increase the efficiency of administration and resolution of arbitrations, you and Fiveonefour agree that, in the event there are ten (10) or more individual requests for arbitration ("Requests") of a substantially similar nature (i.e., Requests that arise out of or relate to the same or similar facts and raise the same or similar legal issues and requests for relief) filed against Fiveonefour by or with the assistance of the same law firm, group of law firms, or organizations, within a ninety (90) day period, NAM shall (1) administer the arbitration demands in batches of 100 Requests per batch (or, if between ten (10) and ninety-nine (99) individual Requests are filed, a single batch of all those Requests, and, to the extent there are less than 100 Requests remaining after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration 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 determined by the arbitrator, and one final award ("Batch Arbitration"). If there is any dispute about the applicability of these Batch Arbitration procedures, NAM shall appoint a single administrative arbitrator to determine the applicability of the Batch Arbitration process ("Administrative Arbitrator"). The Administrative Arbitrator's fees shall be paid by Fiveonefour.

10.8 30-Day Right to Opt Out.

You have the right to opt out of this Arbitration Agreement. If you do not wish to be bound by this Arbitration Agreement, you must send written notice to Fiveonefour within thirty (30) days of first accepting any version of these Terms containing an Arbitration Agreement. You must send this by email to legal@fiveonefour.com or regular mail to 205 Southeast Spokane Street, Suite 300, Portland, OR 97202 US and must include: (1) your name and address; (2) the email address you used to set up your Fiveonefour account (if you have one); and (3) 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 will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements you may currently have, or may enter in the future, with us.

10.9 Changes to the Arbitration Agreement.

The parties agree that Fiveonefour retains the right to make changes to this Arbitration Agreement in the future. You may reject any such change by notifying Fiveonefour within thirty (30) days of that change by email to legal@fiveonefour.com or regular mail to 205 Southeast Spokane Street, Suite 300, Portland, OR 97202. Unless you reject the change within thirty (30) days, your continued use of the Services constitutes your acceptance of the change. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you did not previously properly opt out per the requirements in subsection 10.8 above. By rejecting a future change, you remain bound to arbitrate any Dispute in accordance with the terms of this Arbitration Agreement, as modified by any changes to the Arbitration Agreement you did not reject. Fiveonefour will continue to honor any valid opt outs to the Arbitration Agreement, and you do not need to submit a rejection of future changes to this Arbitration Agreement if you properly opted out per the requirements in subsection 10.8 above.

10.10 Governing Courts.

To the extent that a dispute is not covered by any arbitration agreement between you and us, it shall proceed before the state or federal courts located in New York, New York (except for small claims court actions which may be brought in the county where you reside).

11. General Provisions.

11.1 Electronic Communications.

The communications between you and Fiveonefour may take place via electronic means, whether you use the Services or send Fiveonefour emails, or whether Fiveonefour posts notices on the Services or communicates with you via email. For contractual purposes, you (i) consent to receive communications from Fiveonefour in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Fiveonefour electronically provides to you 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.

11.2 Assignment.

This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Fiveonefour's prior written consent. Fiveonefour may, without your consent, freely assign and transfer this Agreement, including any of its rights, obligations, or licenses granted under this Agreement. Any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

11.3 Force Majeure.

Fiveonefour 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, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

11.4 Governing Law.

This Agreement and any action related thereto will be governed and interpreted by and under the laws of the State of New York, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

11.5 Questions, Complaints, Claims.

If you have any questions, complaints or claims with respect to the Services, please contact us via email at legal@fiveonefour.com or by regular mail at 205 Southeast Spokane Street, Suite 300, Portland, OR 97202. 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.

11.6 Consumer Complaints.

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Service 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.

11.7 Agreement Updates.

When changes are made, Fiveonefour will make a new copy of this Agreement and/or Supplemental Terms, as applicable, available on the Services, and we will also update the "Last Updated" date at the top of this Agreement. If we make any material changes and you have registered an account with us, we will also send an email with an updated copy of this Agreement to you at the email address associated with your account. Unless otherwise stated in such update, any changes to this Agreement will be effective immediately for users without an account and thirty (30) days after posting for users with an account. Fiveonefour may require you to provide consent to the updated Agreement in a specified manner before further use of the Services is permitted. IF YOU DO NOT AGREE TO ANY CHANGE(S) AFTER RECEIVING A NOTICE OF SUCH CHANGE(S), YOU SHALL STOP USING THE SERVICES.

11.8 Notice.

Where Fiveonefour requires that you provide an email address, you are responsible for providing Fiveonefour with a valid and current email address. In the event that the email address you provide to Fiveonefour is not valid, or for any reason is not capable of delivering to you any notices required by this Agreement, Fiveonefour's dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to Fiveonefour at the email address or mailing address listed in Section 11.5. Such notice shall be deemed given when received by Fiveonefour by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

11.9 Waiver.

Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

11.10 Severability.

If any portion of this Agreement is held invalid or unenforceable, that portion must be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions must remain in full force and effect.

11.11 Export Control.

You may not use, export, import, or transfer the 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 (i) into any United States embargoed countries, or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Persons List or Entity List. By using the Services, you represent and warrant that (A) 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 (B) 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 Fiveonefour 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 Fiveonefour products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

11.12 Entire Agreement.

This 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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