Terms of Service

1. Important notices — please read

THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER (SECTION 16). EXCEPT FOR THE MATTERS DESCRIBED IN SECTION 16, YOU AND FINSTER ENTERPRISES, LLC AGREE TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS — SEE SECTION 16.13. THESE TERMS ALSO LIMIT OUR LIABILITY (SECTIONS 13 AND 14) AND PROHIBIT UPLOADING DATA YOU DO NOT HAVE THE LEGAL RIGHT TO UPLOAD (SECTION 7).

2. Who we are, and what these terms cover

As of Now is operated by Finster Enterprises, LLC ("we," "us," "our"). These terms are a binding agreement between you and Finster Enterprises, LLC. They cover your use of the website at asofnow.io, the As of Now application, and everything on them (together, the "Service").

By creating an account, clicking to accept these terms, or using the Service, you agree to these terms. If you do not agree, do not use the Service. If you are using the Service on behalf of a company or other organization, you represent that you have authority to bind that organization, and "you" means both you and the organization.

For information on what data we collect and why, see our Privacy Policy at asofnow.io/privacy. Questions? Contact us at hello@asofnow.io.

3. Who may use the Service

You must be at least 18 years old (or the age of majority where you live, if higher) to use the Service. The Service is a professional tool for building demo and test data; it is not directed to children, and you may not use it if you are under 18.

You may not use the Service if you are barred from doing so under applicable law, or if you are located in a country or region subject to a comprehensive United States government embargo, or if you are listed on any United States government list of prohibited or restricted parties.

The Service is operated from the United States and is directed to users in the United States. We make no representation that the Service is appropriate or available for use elsewhere. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

4. What the Service does, and its beta status

As of Now generates synthetic data for demos, tests, and sandboxes. You describe a set of tables and fields (a "Model"), and the Service invents rows to match — including realistic relationships between fields — with dates calculated relative to the day you generate them or the fixed date you select so the result does not look stale ("Generated Data").

The Service is currently offered as a free beta. That means: features may be added, changed, or removed; limits may change; things may break; and we may suspend, throttle, or discontinue all or part of the Service at any time. We may need to delete or reset stored Models or any Generated Data stored with us as the product changes, and we do not maintain backups you can restore from. If your generated data matters to you, download it and keep your own copy. You are solely responsible for maintaining your own copies of anything you need.

THE SERVICE IS A BETA PRODUCT. IT IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS, WITHOUT SERVICE-LEVEL COMMITMENTS, SUPPORT OBLIGATIONS, OR ANY PROMISE OF CONTINUED AVAILABILITY.

5. Generated Data is synthetic

Generated Data is invented. It is not drawn from any real dataset, and it does not describe real people, companies, events, transactions, phone numbers, URLs, emails, or usernames. Addresses combine a real city, region and postal area with an invented street. Any resemblance to anything real, addresses included, is coincidental and unintended.

Generated Data is meant for demos, screenshots, testing, development, and training environments. It is not a source of facts. Do not use it, or rely on it, for any purpose where accuracy about the real world matters — including financial, medical, legal, compliance, actuarial, or research purposes. We do not review Generated Data, and we make no promise that it is statistically representative, unbiased, internally consistent, or fit for any particular use. You are responsible for checking that Generated Data is appropriate before you use it — particularly before you show it to a customer or load it into another system.

Because the Service generates data from patterns you describe, similar inputs may produce similar outputs, and Generated Data produced for you may be similar or identical to data generated for other users. We make no promise that Generated Data is unique to you.

6. Your account

You need an account to save Models and download Generated Data. Keep your password to yourself. You are responsible for everything done through your account, and anything done from your account is treated as done by you. Tell us promptly at hello@asofnow.io if you believe your account has been compromised.

You can delete your account at any time from the Account page. Your saved Models and your launch-list entries are deleted with it, immediately and permanently. See the Privacy Policy for what we hold and for how long.

7. Acceptable use

7.1 Use the Service only lawfully

You may use the Service only in compliance with these terms and all applicable laws and regulations — including, without limitation, privacy and data-protection laws, intellectual-property laws, export-control and sanctions laws, anti-fraud and consumer-protection laws, and computer-crime laws. You may not use the Service:

• for any unlawful purpose, or in furtherance of any illegal activity;
• to violate, infringe, or misappropriate any right of any other person, including intellectual-property, privacy, publicity, or contractual rights;
• to create, distribute, or present data intended to deceive — including presenting Generated Data as real data in any filing, report, financial statement, audit, investor material, or other context where someone is meant to rely on it as true;
• to harass, defame, or harm any person, or to generate data sets designed to impersonate or target an identifiable real person; or
• to develop, train, or improve a competing synthetic-data or test-data generation product or service.

7.2 Do not enter data you have no right to enter

You must not enter data into the Service that you have no legal right to use. Specifically, you must not paste, upload, enter into a Model, or otherwise provide to the Service:

• any data that you may not lawfully collect, possess, use, or disclose, or whose provision to us would violate any law, regulation, court order, or contract binding you (including confidentiality agreements and your employer's policies);
• personal information about any real, identifiable person — including names, contact details, government identifiers, account numbers, precise locations, photographs, or any other information relating to an identified or identifiable individual — whether about your customers, employees, colleagues, or anyone else;
• protected health information regulated by HIPAA or comparable health-privacy laws; cardholder or payment-card data regulated by PCI-DSS; nonpublic personal information regulated by the GLBA; biometric data; personal information about children; or any similarly regulated category of data;
• material nonpublic information, classified information, export-controlled technical data, or any information whose disclosure or transfer is restricted by law; or
• any real dataset, or extract of a real dataset, that you intend the Service to imitate, unless every element of it is data you have full legal right to use this way.

You represent and warrant, on an ongoing basis, that anything you do provide to the Service — Model definitions, field descriptions, sample values, and any other input — you have the full legal right to provide, and that our hosting and processing of it as described in these terms and the Privacy Policy will not violate any law or any right of any person.

YOU, AND NOT WE, ARE SOLELY RESPONSIBLE FOR ANY DATA YOU PROVIDE TO THE SERVICE IN VIOLATION OF THIS SECTION 7.2. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY ARISING OUT OF OR RELATING TO DATA UPLOADED, ENTERED, OR PROVIDED IN VIOLATION OF THIS SECTION, INCLUDING ANY LOSS, BREACH, OR UNLAWFUL PROCESSING OF THAT DATA, AND ANY CLAIM BY ANY PERSON WHOSE INFORMATION WAS CONTAINED IN IT.

7.3 Do not attack or abuse the Service

You may not: probe, scan, or test the vulnerability of the Service or circumvent any security or authentication measure; access another user's account or data without authorization; interfere with or disrupt the Service, including by automated hammering, denial-of-service attack, or imposing an unreasonable load; work around limits on your plan or use automated means to create accounts or extract data at volume; introduce malware or any harmful code; scrape the Service; reverse engineer, decompile, or disassemble any part of the Service except to the extent a law says we cannot forbid it; or resell, sublicense, or provide the Service to third parties as a service bureau.

7.4 Enforcement

If we reasonably believe you have violated this Section 7, we may remove or disable access to offending Models or Generated Data, suspend or restrict your account, or close it. Where it is reasonable to do so we will tell you why and give you a chance to fix the problem first, but we may act immediately and without notice when the violation is serious or ongoing, when acting first is necessary to protect the Service or others, or when the law requires it. We may also report conduct to law enforcement where we believe it is appropriate.

8. Your Models and Generated Data

We claim no ownership of your Models or your Generated Data. As between you and us, you own both. Use Generated Data in a customer demo, a screenshot, a course, a test suite, or inside your own product — commercially or otherwise, with no fee and no attribution required. The only limits are in Section 7 (for example, no passing Generated Data off as real to deceive, and no using it to build a competing data generator).

You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit, display, and back up your Models and any Generated Data you provide to or store with us, solely as needed to provide, secure, and maintain the Service and as described in the Privacy Policy. We do not use your Models or Generated Data for anything else, and this license ends when you delete the content or your account, except for copies in transient server logs or routine security records that are deleted in the ordinary course.

9. Feedback

If you send us ideas, suggestions, or other feedback about the Service, you give us a perpetual, irrevocable, worldwide, royalty-free license to use it for any purpose, without obligation or compensation to you. Don't send us feedback you consider confidential.

10. Our intellectual property

The Service itself — including its software, algorithms, generation engine, site design, and branding — belongs to us and our licensors and is protected by intellectual-property laws. These terms give you a limited, revocable, non-exclusive, non-transferable right to use the Service as it is offered, and no other rights. We may use aggregated, de-identified usage information (which does not include the contents of your Models or Generated Data) to operate and improve the Service.

11. What it costs

The Service is free today, in its beta phase. There is nothing to pay and we do not collect card details.

We expect to offer paid plans later. If we do, we will publish pricing and payment terms for them before you can buy anything, and nothing you already use will become chargeable unless you affirmatively choose to buy it.

12. Privacy

Our Privacy Policy at asofnow.io/privacy explains what we collect about you and your use of the Service, and why. It is part of the picture but not part of this contract; if it conflicts with these terms about what we may do with your Models or Generated Data, these terms control.

13. What we do not promise

THE SERVICE AND ALL GENERATED DATA ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT THE LAW ALLOWS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT PROMISE THAT THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT GENERATED DATA WILL BE ACCURATE, COMPLETE, STATISTICALLY REPRESENTATIVE, UNIQUE, OR SUITABLE FOR WHAT YOU PLAN TO DO WITH IT.

Some jurisdictions do not allow certain warranty disclaimers, so parts of this section may not apply to you. Where an implied warranty cannot be disclaimed, it is limited in duration and scope to the minimum the law allows.

14. Limits on liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US$100) AND (B) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. MULTIPLE CLAIMS WILL NOT ENLARGE THIS LIMIT.

Nothing in these terms limits or excludes liability that cannot be limited or excluded under applicable law — including liability for fraud or fraudulent misrepresentation, for gross negligence or willful misconduct, for death or personal injury caused by negligence, or for willful injury to persons or property. Nothing in these terms waives or limits rights you have under laws that do not permit waiver, and nothing in these terms limits either party's liability for a breach of Section 7.2 (data you may not upload).

You and we agree that this Section 14 and Section 13 reflect a reasonable allocation of risk between us, that they are an essential basis of the bargain, and that we would not offer the Service free of charge without them.

15. Indemnification

If a third party brings a claim against us arising out of (a) data you provided to the Service in violation of Section 7.2, (b) your violation of law or of these terms, or (c) your use of Generated Data — including any claim that you presented Generated Data as real, or that data you uploaded violated someone's rights — you will indemnify and defend us and hold us harmless from that claim and from resulting damages, losses, and reasonable expenses, including attorneys' fees. We will give you prompt written notice of any such claim. We may participate in the defense with our own counsel at our own expense, and you may not settle any claim in a way that imposes obligations or admissions on us without our written consent. This section does not apply to the extent a claim results from our own breach of these terms, gross negligence, or willful misconduct.

16. Dispute resolution: mandatory arbitration and class action waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND US TO RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, WAIVES THE RIGHT TO A JURY TRIAL, AND WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT WITHIN 30 DAYS (SECTION 16.13).

16.1 Covered disputes; informal resolution first

You and we agree that any dispute, claim, or controversy arising out of or relating to these terms, the Service, or your use of it ("Dispute") — whether based in contract, tort, statute, or any other theory, and whether arising before, during, or after your use of the Service — will be resolved as this Section 16 provides. "Dispute" is to be given the broadest possible meaning that the law allows, except as expressly carved out below.

Before either of us starts an arbitration, the party with the Dispute must send the other a written, individualized notice ("Dispute Notice"). Your Dispute Notice must be sent to disputes@asofnow.io, and must include your name, the email address on your account, a description of the Dispute, and the relief you seek, and must be personally signed by you. We will send any Dispute Notice to the email address on your account. For 60 days after a compliant Dispute Notice is received, you and we will try in good faith to resolve the Dispute informally, including through at least one telephone or videoconference conference if either party requests it; you and your counsel (if any) must personally participate. An arbitration may not be started until that 60-day period ends. All applicable statutes of limitations are tolled from the date a compliant Dispute Notice is received through the end of the 60-day period. Compliance with this subsection is a condition precedent to arbitration, and a court may enjoin the filing or prosecution of an arbitration started without compliance.

16.2 Agreement to arbitrate

If a Dispute is not resolved informally, you and we agree that it will be finally resolved by BINDING INDIVIDUAL ARBITRATION administered by JAMS, rather than by a court, except as Sections 16.5 through 16.8 provide. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this Section 16. If JAMS is unavailable or unwilling to administer a Dispute consistently with this Section 16, you and we will select another national arbitration provider by agreement or, failing agreement, ask a court to appoint one under 9 U.S.C. § 5.

16.3 Rules

The arbitration will be governed by the JAMS Comprehensive Arbitration Rules and Procedures (or, where they apply by their own terms, the JAMS Streamlined Arbitration Rules and Procedures), in each case as modified by this Section 16. If you are an individual and use the Service for personal, family, or household purposes, the JAMS Consumer Arbitration Minimum Standards also apply, and if anything in this Section 16 conflicts with them, the Minimum Standards control for that Dispute. The JAMS rules and Minimum Standards are available at www.jamsadr.com. Whichever rules apply, the arbitration will be conducted in English by a single neutral arbitrator appointed under the applicable JAMS rules with each party having an equal role in selection, the arbitrator may award any remedy that would be available under applicable law, the arbitrator's award will be in writing with the essential findings and conclusions on which it is based, and judgment on the award may be entered in any court with jurisdiction.

16.4 Fees, seat, and hearing logistics

Payment of filing, case-management, and arbitrator fees will be governed by the applicable JAMS rules and fee schedules. If you are an individual using the Service for personal, family, or household purposes, you will not be required to pay more than $250 (or the amount then specified in the JAMS Consumer Arbitration Minimum Standards, if lower) toward JAMS fees, and we will pay all remaining JAMS filing, case-management, and arbitrator fees; if your claim is for less than $10,000 and is not determined by the arbitrator to be frivolous, we will reimburse your $250 on request. We will not require you to pay our fees or costs if you do not prevail, and nothing in these terms limits any right you have to recover fees or costs under applicable law. Each side pays its own attorneys' fees and costs unless a statute or the applicable rules provide otherwise for the claim in question. The seat of the arbitration is Minneapolis, Minnesota, but any hearing will be conducted by telephone or videoconference unless a party requests an in-person hearing, in which case an in-person hearing will be held (if you are an individual) in or near the county where you live or, if you and we agree, elsewhere. The arbitrator may award any relief that a court could award to the individual party seeking it, including injunctive or declaratory relief in favor of that party only, and must apply these terms as a court would.

16.5 Small claims carve-out

Either you or we may bring an individual claim in small claims court in any United States county where you live or work (or, for us, in Hennepin County, Minnesota) instead of arbitration, so long as the claim stays in small claims court and is not removed, appealed to, or refiled in a court of general jurisdiction as anything other than an individual small-claims matter. The small claims court decides whether a claim qualifies.

16.6 Intellectual property and equitable relief carve-out

Either party may bring a claim in court for infringement, misappropriation, or other misuse of intellectual-property rights (including copyright, trademark, trade secret, and patent claims), and either party may seek temporary, preliminary, or emergency equitable relief in court to stop unauthorized use or abuse of the Service or infringement of intellectual-property rights, without first engaging in the informal process or arbitration. Seeking such relief does not waive the right to arbitrate any other Dispute.

16.7 Public injunctive relief

If any Dispute includes a request for public injunctive relief that applicable law says cannot be waived or arbitrated, then that request — and only that request — will be severed and decided by a court of competent jurisdiction after the arbitrator has decided all arbitrable claims and issues, and all other relief will be decided in arbitration. Nothing in these terms waives any non-waivable right to seek public injunctive relief.

16.8 Class action waiver

YOU AND WE EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION, AND THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING, EXCEPT THAT YOU AND WE MAY AGREE IN WRITING TO CONSOLIDATION OR MAY PARTICIPATE IN THE PROCESS DESCRIBED IN SECTION 16.11 (MASS FILINGS), AND EXCEPT AS SECTION 16.7 PROVIDES FOR NON-WAIVABLE PUBLIC INJUNCTIVE RELIEF. A COURT, NOT THE ARBITRATOR, WILL DECIDE ANY DISPUTE ABOUT THE ENFORCEABILITY, VALIDITY, OR SCOPE OF THIS SECTION 16.8.

16.9 Jury trial waiver

TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND WE EACH KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY, TO THE FULLEST EXTENT PERMITTED BY LAW.

16.10 Delegation

The arbitrator has exclusive authority to resolve all threshold questions about a Dispute, including arbitrability, and the interpretation, applicability, and formation of this agreement to arbitrate — except that a court has exclusive authority to decide (a) the enforceability, validity, and scope of the class action waiver in Section 16.8, (b) whether a party has complied with Section 16.1, if either party elects to have a court decide that question, and (c) any dispute about which version of these terms or which of two conflicting agreements governs a Dispute.

16.11 Mass filings

If 25 or more Dispute Notices or arbitration demands raising similar Disputes are submitted within 180 days by or with the assistance of the same law firm, group of law firms, or coordinated counsel, you and we agree they will be administered as follows. The JAMS Mass Arbitration Procedures and Guidelines will apply, as modified by this Section 16.11. The claims will be resolved in batches of up to 50: each side may select up to 25 claims per batch, each batch will be consolidated into a single arbitration before a single arbitrator with a single set of fees, and no batch award will have preclusive or precedential effect on any claim outside that batch. After the first batch concludes, the parties will engage in a single mediation of the remaining claims, with the mediator's fee paid by us. If the remaining claims are not resolved in mediation, the batch process repeats. Any claimant whose claim has not entered a batch within 18 months of their compliant Dispute Notice may elect to proceed in court instead. All applicable statutes of limitations are tolled for every affected claim from submission of a compliant Dispute Notice until the claim is resolved, enters a batch, or the claimant elects to proceed in court. JAMS fees for a claim are due only when that claim enters an active batch. A court, not the arbitrator, has authority to enforce this Section 16.11.

16.12 Batch severability

If Section 16.11 is found unenforceable as to a particular Dispute, that Dispute will proceed in individual arbitration under the rest of this Section 16, and Section 16.11 remains in effect for all other Disputes.

16.13 Your right to opt out

You may opt out of this agreement to arbitrate (Sections 16.2 through 16.12) entirely. To do so, email disputes@asofnow.io within 30 days after you first accept these terms, stating your name, the email address on your account, and that you are opting out of arbitration. Opting out has no effect on any other part of these terms, including Section 16.8's class action waiver to the extent the law allows its enforcement outside arbitration, and does not affect the enforceability of any prior arbitration agreement between us. If we materially change this Section 16, we will notify you, and you may reject the change by the same method within 30 days after it takes effect; if you do, the version of this Section 16 you most recently accepted (or your opt-out) continues to apply.

16.14 Severability; blow-up clause

If any part of this Section 16 other than Section 16.8 (class action waiver) is found unenforceable, that part will be severed and the remainder will remain in effect. If Section 16.8 is found unenforceable, invalid, or inapplicable to a particular Dispute such that the Dispute could proceed as a class, collective, or representative proceeding, then this entire Section 16 (other than Sections 16.5, 16.6, 16.9, and this Section 16.14) will be null and void as to that Dispute, and that Dispute will proceed in court under Section 19 — and you and we agree that in that event neither of us will seek class-wide arbitration. A finding that Section 16.7 requires a public-injunctive-relief request to be decided in court does not void anything: it is implemented by severing that request as Section 16.7 provides.

16.15 Survival

This Section 16 survives termination of these terms and of your account.

17. Suspension, termination, and shutting down

You can stop using the Service and delete your account at any time.

We may suspend or close your account as Section 7.4 provides, and we may stop offering the Service, or any part of it, at any time. If we shut the Service down entirely, we will give reasonable advance notice by email where we have an address for you, so you have time to download anything you want to keep.

On termination for any reason: your license to use the Service ends; we may delete your Models and any Generated Data stored with us (and will delete them within 90 days, except for copies in any routine backups and security logs, which are deleted in the ordinary course); and any sections of these terms that by their nature should survive do survive — including Sections 5, 7.2 (representations), 8 (as to the license wind-down), 9, 13, 14, 15, 16, 19, and 21.

18. Changes to the Service and to these terms

We are building the product, and the Service will change; Section 4 covers that. These terms can change too. If we make a material change, we will give at least 30 days' advance notice by email to the address on your account (and by notice in the product), and the change will take effect no earlier than the end of that notice period. Non-material changes (like clarifications or new feature descriptions) take effect when posted, with the "Last updated" date revised. If you keep using the Service after a change takes effect, you accept the revised terms; if you do not agree, stop using the Service and delete your account before the change takes effect.

Changes are prospective only. The version of these terms in effect when a Dispute arises governs that Dispute, and changes to Section 16 are additionally subject to your rejection right in Section 16.13.

19. Governing law

These terms, and any Dispute, are governed by the Federal Arbitration Act as Section 16 provides and otherwise by the laws of the State of Minnesota, without regard to its conflict-of-laws rules. Any Dispute that proceeds in court rather than arbitration will be brought exclusively in the state or federal courts located in Hennepin County, Minnesota, and you and we consent to their jurisdiction — except for small-claims matters under Section 16.5, requests for public injunctive relief under Section 16.7, and any claim that applicable law requires be heard where you live.

If you live in a jurisdiction whose laws give you mandatory protections that these terms cannot lawfully take away, nothing in these terms — including this choice of Minnesota law — deprives you of those protections.

20. Notices to California users

If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. Nothing in these terms limits any right you may have under the California Consumer Privacy Act, and nothing in these terms waives rights that California law does not permit to be waived.

21. Miscellaneous

These terms (with the documents they expressly reference) are the entire agreement between you and us about the Service, and they supersede any prior agreements about the Service. If any provision is found unenforceable, it will be enforced to the maximum extent permissible and the rest will remain in effect (Section 16 has its own severability rules). A failure to enforce a provision is not a waiver of the right to enforce it later. You may not assign these terms without our written consent; we may assign them in connection with a merger, acquisition, sale of assets, or corporate reorganization, and to an affiliate. We are not liable for delay or failure to perform due to events beyond our reasonable control. These terms do not create any agency, partnership, or joint venture, and there are no third-party beneficiaries. Notices to us go to the addresses in Sections 2 and 16.1; notices to you go to the email address on your account, and you agree to receive notices electronically. Section headings are for convenience only. You represent that you are not on any U.S. government prohibited-party list, and you agree to comply with U.S. export laws in connection with the Service.

22. Contact

Questions about these terms? Contact us at hello@asofnow.io.