Welcome and thank you for your interest in 2036 Studios ("Company", "we", "us" or "our"). This Terms of Use Agreement ("Terms of Use", and together with any applicable Supplemental Terms as defined in Section 1.3, the "Agreement") describes the terms and conditions that apply to your use of (i) the website located at https://www.2036studios.ai and any of our other websites on which a link to these Terms of Use appears (collectively, the "Website") and (ii) the services, content, and other resources available on or enabled via our Website, including any application programming interfaces ("API") that we make available and our video creation service (collectively, with our Website, the "Service").
PLEASE READ THIS AGREEMENT CAREFULLY. IT GOVERNS THE USE OF THE SERVICE AND APPLIES TO ALL VISITORS AND USERS. BY ACCESSING OR USING THE SERVICE IN ANY WAY, YOU REPRESENT THAT: (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH COMPANY (18 YEARS OR OLDER IN AUSTRALIA), AND (3) YOU ARE NOT BARRED FROM USING THE SERVICE UNDER THE LAWS OF YOUR PLACE OF RESIDENCE OR ANY OTHER APPLICABLE JURISDICTION.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SERVICE.
SUBSCRIPTIONS NOTICE. IF YOU SUBSCRIBE TO THE SERVICE YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT THE COMPANY'S THEN CURRENT FEE FOR THE SAME SERVICE UNLESS YOU OPT OUT OF THE AUTOMATIC RENEWAL IN ACCORDANCE WITH SECTION 10.3 (CANCELLING SUBSCRIPTIONS) BELOW. PLEASE READ SECTION 10 CAREFULLY.
DISPUTE RESOLUTION. SECTION 17 SETS OUT HOW DISPUTES BETWEEN YOU AND COMPANY WILL BE RESOLVED. IT REQUIRES YOU TO FIRST ATTEMPT TO RESOLVE DISPUTES INFORMALLY, AND THEN BY BINDING ARBITRATION ADMINISTERED IN AUSTRALIA, BEFORE COMMENCING COURT PROCEEDINGS. SECTION 17 ALSO CONTAINS A CLASS ACTION WAIVER. NOTHING IN THIS AGREEMENT LIMITS YOUR RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW.
1. Use of the Service
1.1 Scope.The Service and content available on the Service are protected by applicable intellectual property (including copyright) laws. Unless subject to a separate licence agreement between you and Company, your right to access and use the Service, in whole or in part, is subject to this Agreement. If you are accessing or using the Service on behalf of an entity, you represent that you have the authority to enter into this Agreement on behalf of that entity, and all references to "you" or "your" will also include that entity. You acknowledge and consent to the terms of our Privacy Policy and Cookie Notice, which are incorporated by reference.
1.2 Licence. Subject to your compliance with this Agreement, Company grants you a limited, non exclusive, non transferable, non sublicensable, revocable licence to (i) access and use the Service, and (ii) access and use any APIs the Company makes available to you (if any), solely for your own personal or internal business purposes.
1.3 Supplemental Terms.Your use of certain features may be subject to additional terms ("Supplemental Terms"). If these Terms of Use are inconsistent with Supplemental Terms, the Supplemental Terms control with respect to that feature.
1.4 Updates. The Service is evolving. The Company may update the Service with or without notice. You may need to update third party software from time to time in order to continue to use the Service. Any future release, update or addition to the Service is subject to this Agreement.
1.5 API Limitations. Company may limit (i) the number of network calls you make via the API, (ii) the maximum file size, and (iii) anything else about the API that the Company deems appropriate in its sole discretion. Company may impose or modify these limitations without notice and may suspend access to the API if you exceed them.
2. Registration
2.1 Registering Your Account.In order to access certain features of the Service, you may be required to register an account ("Account").
2.2 Registration Data.In registering an Account, you must provide true, accurate, current and complete information about yourself ("Registration Data") and maintain that information so it stays true, accurate, current and complete.
2.3 Your Account. You acknowledge that you have no ownership or other property interest in your Account, and all rights in and to your Account are owned by and inure to the benefit of Company. You are responsible for all activity that occurs under your Account, including by minors using your Account. You must not share your Account or password and must notify Company immediately of any unauthorised use. Company may suspend or terminate your Account if it has reasonable grounds to believe information you provide is untrue or inaccurate. You may not create an Account using a false identity or have more than one Account. Company may reclaim usernames at any time.
3. Responsibility for Content
3.1 Types of Content."Content" means any information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other material accessible through the Service. You, not Company, are entirely responsible for all Content that you upload, post, transmit or otherwise input or make available ("Make Available") through the Service ("Your Content"). Other users, not Company, are responsible for all Content they Make Available ("User Content").
3.2 Storage. Unless expressly agreed in writing, Company has no obligation to store any of Your Content. Company is not responsible for deletion, failure to store, or loss of Content. Certain features may let you set access levels for Your Content; you are solely responsible for choosing the right level. If you do not choose, the system may default to its most permissive setting. Company may set reasonable limits on storage, processing and file size.
3.3 Connected Accounts.Certain features may require you to link third party platforms (each, a "Connected Account"). You are responsible for setting these up correctly. By integrating a Connected Account you represent you are entitled to share log in information with us and are in good standing with the relevant provider. Company has no liability for unavailability of a Connected Account or a provider's decision to discontinue, suspend or terminate it.
4. Ownership
4.1 The Service. Except for Your Content, Company and its suppliers or licensors own all rights, title and interest in the Service (including all software, themes, characters, artwork, animations, sounds, documentation and Company software). You must not remove, alter or obscure any copyright, trademark, watermark or other proprietary notice.
4.2 Your Content. Company does not claim ownership of Your Content. By Making Content Available through the Service you represent that you own or have sufficient rights to grant the licence in Section 4.3.
4.3 Licence to Your Content. Subject to your Account settings, you grant Company a non exclusive, transferable, perpetual, irrevocable, worldwide, fully paid, royalty free, sublicensable right (including any moral rights to the extent permitted by law) to use, copy, reproduce, modify, adapt, prepare derivative works from, translate, distribute, publicly perform, publicly display and derive revenue or other remuneration from Your Content for the purposes of operating and providing the Service to you.
4.4 Inputs and Outputs.The Company uses software and technology, including artificial intelligence, to process user inputs to the Service (text prompts, reference images, videos, audio and other content) ("Input") and to generate outputs based on those Inputs ("Output"). The Company does not claim ownership of Inputs or Outputs and does not restrict Outputs from commercial use. In addition to the licence in Section 4.3, you grant the Company a non exclusive, irrevocable, perpetual, worldwide, royalty free, fully paid, transferable, sublicensable right and licence to use Inputs and Outputs to operate, secure and improve the Service, including for content moderation and for training and evaluating the systems that power the Service. Marketing and promotional use is limited to Outputs you have chosen to publish to a public area of the Service (such as the community gallery), credited in accordance with Section 4.5.
4.5 Username. By submitting Your Content to any non private area on the Service, you allow Company to identify you by your username (which may be a pseudonym) as the contributor in any publication in any form, media or technology now known or later developed.
4.6 Feedback.Any ideas, suggestions, documents or proposals you submit to Company ("Feedback") are submitted at your own risk. Company has no obligation of confidentiality and may use your Feedback without restriction, attribution or compensation.
5. User Conduct and Restrictions
5.1 Restrictions. As a condition of use, you must not (and must not permit any third party to):
- use the Service for any purpose prohibited by this Agreement or by applicable law;
- take any action, or Make Available any Content, or knowingly create any Output, on or through the Service that:
- is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive of another's privacy, obscene, hateful or offensive;
- infringes the rights of any person or entity (including copyright, privacy, publicity, trademark, patent, trade secret or contractual rights);
- harms minors in any way, including any inappropriate, lewd or otherwise objectionable portrayal of minors;
- constitutes unauthorised or unsolicited advertising, junk or bulk email;
- involves contests, sweepstakes, barter, advertising or pyramid schemes without our prior written consent;
- intentionally or unintentionally violates any applicable local, state, national or international law or regulation, or any court order;
- advocates, encourages or assists any third party in any of the above;
- create or attempt to create any Output that:
- depicts a real, identifiable person (including their face, body or voice) without that person's documented consent, or is intended to deceive others into believing a real person said or did something they did not ("deepfakes");
- is intimate or sexually explicit imagery of any real person, with or without consent (image-based abuse is a criminal offence under the Online Safety Act 2021 (Cth) and equivalent laws);
- sexualises, exploits or endangers anyone under 18, whether real or AI-generated - such material is illegal in Australia regardless of how it is created and will be reported to authorities;
- impersonates a public figure, official body or emergency service in a manner likely to mislead, or is designed to interfere with elections or public health;
- clones or imitates the voice of any person other than yourself without that person's documented consent;
- use or access the Service or any Outputs to develop, modify, fine tune or improve any products or services that compete with the Service, including to train any artificial intelligence or machine learning model.
5.2 Other Restrictions. You further must not:
- licence, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Service or any portion of it;
- frame or use framing techniques to enclose any trademark or logo on the Service;
- use any metatags or other hidden text using Company's name or trademarks;
- modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Service except to the extent that prohibition is unenforceable under applicable law;
- use any manual or automated software, devices or other processes (including spiders, robots, scrapers, crawlers, avatars or data mining tools) to scrape or download data from any web pages contained in the Service (we grant operators of public search engines revocable permission to use spiders to copy materials from the Service solely to create publicly available searchable indices, but not caches or archives of those materials);
- remove or destroy any copyright notices or other proprietary markings;
- impersonate any person or entity, including any employee or representative of Company;
- interfere with or attempt to interfere with the proper functioning of the Service, including by introducing viruses or harmful code, overloading, flooding, spamming or crashing the Service.
5.3 Inappropriate Content.Your Content must not contain nudity, violence, sexually explicit material, harmful, hateful, harassing or offensive material, as determined by Company in its sole discretion. You must not upload an image, video or voice recording of another person without that person's permission or otherwise sufficient rights to do so. Where a feature accepts biometric-type material (for example a voice recording used to create a cloned voice, or a reference photo of a face), you may only submit your own, or another person's with their documented consent, and you may ask us to delete it at any time. The rights granted to you in this Agreement are subject to your compliance with this section. Any unauthorised use of the Service terminates the licences granted to you.
6. Monitoring and Moderation
6.1 Monitoring. Company may, but is not obligated to, investigate, monitor, pre screen, remove, refuse or review the Service and any Content (including Your Content, Outputs and User Content) at any time. You consent to such monitoring. You acknowledge that you have no expectation of privacy concerning transmission of Your Content, including chat, text or voice communications.
6.2 Moderation. Company reserves the right to:
- remove or refuse to process any of Your Content or Output for any reason at our discretion;
- take any action with respect to Your Content or Output that we deem appropriate, including where we believe it violates this Agreement, infringes any right, threatens harm or could create liability for Company;
- disclose your identity or information about you to any third party who claims that material posted by you violates their rights;
- take appropriate legal action, including referral to and cooperation with law enforcement, for any allegedly illegal or unauthorised use of the Service;
- terminate or suspend your access to all or part of the Service for any reason, including violation of this Agreement.
6.3 Disclosure. Company reserves the right to disclose any information in its possession in connection with your use of the Service to (i) comply with applicable laws, legal process or government requests, (ii) enforce this Agreement, (iii) respond to claims that Your Content violates third party rights, (iv) respond to your requests for customer service, or (v) protect the rights, property or safety of Company, its users or the public.
7. Interactions with Other Users
7.1 User Responsibility. You are solely responsible for your interactions with other users. Company may, but is not obligated to, intervene in disputes between users. Company will not be responsible for any liability incurred as the result of your interactions with other users.
7.2 User Content. The Service may contain User Content provided by other users. Company does not control, approve, endorse, or make any representations or warranties with respect to User Content. You use all User Content at your own risk.
8. Third Party Services
The Service may contain links to third party websites, applications and advertisements (collectively, "Third Party Services"). When you click on a link to a Third Party Service we will not warn you that you have left the Service. Third Party Services are not under our control. We provide them as a convenience and do not review, approve, monitor, endorse, warrant or make any representations about them. You use all links at your own risk and should review the terms and policies of any Third Party Service before using it.
9. Purchase Terms, GST and Refunds
9.1 Payment Provider.We use Stripe, Inc. and its affiliates as our third party payment provider. When you make a purchase you will be required to provide payment details to Stripe. You agree to be bound by Stripe's privacy policy and terms of service, and you authorise Company and Stripe to share information needed to complete your transactions. Online payment transactions may be subject to validation checks by Stripe and your card issuer, and we are not responsible if your card issuer declines to authorise payment for any reason.
9.2 Payment.You must pay all fees and charges ("Fees") to your Account in accordance with the fees, charges and billing terms in effect at the time the Fee is due. By providing payment information you authorise Company and Stripe to charge your designated payment method for all Fees due. You must immediately notify Company of any change in your payment information. Company may change prices and billing methods at any time. Except as set out in this Agreement or as required by law, all Fees are non refundable. Company may suspend or terminate your access to the Service immediately upon non payment.
9.3 Refunds. Except as set out below, Fees are non refundable. You may request a refund within seven (7) days of your initial purchase, provided no Credits (defined in Section 9.4) have been used. Refunds apply only to initial purchases, not renewals, and are subject to a service fee not exceeding six per cent (6%) of the initial Fee where permitted by law. Nothing in this clause limits your statutory rights to a refund under the Australian Consumer Law.
9.4 Credits.You may receive or purchase credits ("Credits") to access specific features. Purchased Credits are prepaid amounts for products and services available through the Service and may only be used within the specified timeframe. Top up Credits expire 90 days from purchase. Unused Credits are forfeited on Account cancellation or cessation of Service. Credits have no cash value, are non transferable, non reloadable and non redeemable for cash except as required by law. If a generation fails on our side, the Credits charged for it are automatically returned to your balance.
9.5 Promotional Credits.Company may offer loyalty, award or promotional credits ("Promotional Credits"). Promotional Credits may expire as specified at issuance, have no cash value and are non transferable, non reloadable and non redeemable for cash except as required by law.
9.6 GST.Fees do not include any Goods and Services Tax ("GST") or equivalent indirect tax that may be due in connection with the Service. If Company is legally obligated to collect GST, it will be collected in addition to the Fees. If any Service or payment is subject to GST in any jurisdiction and you have not remitted that tax, you are responsible for the payment of that GST and any related penalties or interest.
10. Subscriptions
10.1 Subscriptions.If you purchase access to certain features on a time limited basis (a "Subscription"), the Fee plus any applicable GST and fees ("Service Subscription Fee") will be billed at the start of the Subscription ("Subscription Service Commencement Date") and at regular intervals according to your elections at the time of purchase. Company may change Subscription pricing in accordance with Section 18.6 (Agreement Updates) and will use commercially reasonable efforts to notify you. If you do not agree with a price change you may cancel your Subscription as set out below.
10.2 Automatic Renewal.Your Subscription will automatically renew at Company's then current price for that Subscription until terminated in accordance with this Agreement. The renewal frequency (for example monthly or annual) is designated at sign up and may be modified via your Account settings. By subscribing you authorise Company to charge the payment method designated in your Account at the beginning of each subsequent Subscription period.
10.3 Cancelling Subscriptions. You may cancel your Subscription by visiting your Account settings or by contacting support at hello@2036studios.ai. Cancellation requests sent by email must come from the email address on the Account. Company will not accept cancellation requests from third parties.
10.4 Effect of Cancellation. If you cancel, you may continue to use your Subscription until the end of the then current term; it will not renew. No prorated refunds of any portion of the Service Subscription Fee will be provided for the current term.
10.5 Upgrades and Downgrades. Upgrading your Subscription mid term takes effect immediately; any incremental Fees will be charged accordingly. Downgrades take effect on the first day of the next Renewal Term and may cause loss of content, features or capacity, for which Company is not liable.
11. Indemnification
To the extent permitted by law, you agree to indemnify and hold Company, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers and licensors (each, a "Company Party") harmless from any losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising out of: (i) Your Content or Outputs; (ii) your misuse of the Service; (iii) your violation of this Agreement; (iv) your violation of any rights of another party; (v) your violation of any export control, sanctions or data protection law; (vi) any dispute between you and a third party relating to your use of the Service; or (vii) your violation of any applicable laws. Company reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate.
12. Disclaimer of Warranties
12.1 Australian Consumer Law. Nothing in this Agreement excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot lawfully be excluded, restricted or modified.
12.2 Service Offered As Is. Subject to Section 12.1, your use of the Service is at your sole risk, and the Service (including any Output) is provided on an as is and as available basis. To the maximum extent permitted by law, the Company Parties disclaim all warranties, representations and conditions of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non infringement.
12.3 Outputs. Company makes no representation or warranty as to the originality, legality, accuracy or fitness of any Output. You acknowledge that (i) Outputs may contain errors, omissions, offensive material or third party content; (ii) you are solely responsible for your use, distribution or reliance on Outputs, including for compliance with applicable laws and third party rights; and (iii) Company disclaims any liability arising from or relating to Outputs.
12.4 Beta Features. From time to time, Company may offer new beta features for experimental use. These are offered without warranty of any kind and may be modified or discontinued at any time.
12.5 No Liability for Conduct of Third Parties. You are solely responsible for your communications and interactions with third parties on the Service. The Company Parties are not liable for the conduct of third parties.
13. Limitation of Liability
13.1 Disclaimer of Certain Damages. To the maximum extent permitted by law and subject to any non excludable consumer guarantee under the Australian Consumer Law, in no event will the Company 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, arising out of or in connection with this Agreement or the Service.
13.2 Cap on Liability.To the maximum extent permitted by law, the Company Parties' total aggregate liability arising out of or in connection with this Agreement shall not exceed the greater of (i) the total amount paid to Company by you during the three (3) months prior to the act, omission or occurrence giving rise to liability, or (ii) AUD $100. Where Company's liability for breach of a non excludable consumer guarantee under the Australian Consumer Law cannot be excluded, our liability is limited, at our option, to (a) re supplying the services, or (b) paying the cost of having the services supplied again.
13.3 User Content. Company assumes no responsibility for the timeliness, deletion, mis delivery or failure to store any Content, user communications or personalisation settings.
13.4 Basis of the Bargain. The limitations of damages set out above are fundamental elements of the basis of the bargain between Company and you.
14. Intellectual Property Infringement Claims
It is Company's policy to terminate the privileges of any user who repeatedly infringes the intellectual property rights of others upon prompt notification by the rights owner. If you believe your work has been copied and posted on the Service in a way that constitutes intellectual property rights infringement, please provide our designated agent with:
- your electronic or physical signature, or that of a person authorised to act on behalf of the rights owner;
- a description of the copyrighted work, trademark or other right you claim has been infringed;
- a description of the location on the Service of the material you claim is infringing;
- your address, telephone number and email address;
- a written statement that you have a good faith belief the disputed use is not authorised by the rights owner, its agent or the law;
- a statement, made under penalty of perjury (or solemn declaration), that the above information is accurate and that you are the rights owner or are authorised to act on behalf of the rights owner.
Designated agent for notice of claims of infringement: 2036 Studios, c/o Legal. Email: hello@2036studios.ai.
15. Term and Termination
15.1 Term. The term of this Agreement commences on the date you accept this Agreement and continues in full force and effect while you use the Service, unless terminated earlier in accordance with this Agreement.
15.2 Termination by Company. If you have materially breached any provision of this Agreement, or if Company is required to do so by law, Company may immediately and without notice suspend or terminate any Service provided to you. Company also reserves the right to terminate this Agreement or your access to the Service at any time without cause on notice to you. In that event we will refund you for any pre paid portion of your unused Subscription.
15.3 Termination by You. You may terminate this Agreement at any time by closing your Account and notifying us at hello@2036studios.ai. Any termination of a Subscription is governed by Section 10.
15.4 Effect of Termination. On termination, your right to use the Service automatically ends and we may delete Your Content from our live databases. All provisions of this Agreement which by their nature should survive will survive termination.
15.5 No Subsequent Registration. If this Agreement is terminated for cause by Company, you must not attempt to re register or access the Service using a different identity.
16. Users Outside Australia
The Service is operated from Australia. We make no representation that the Service is appropriate or available for use in other locations. Those who access or use the Service from other countries do so at their own initiative and are responsible for compliance with local law.
17. Dispute Resolution
17.1 Informal Resolution. Before commencing any formal proceedings, you and Company agree to first make a good faith effort to resolve any dispute by writing to hello@2036studios.ai with a description of the dispute and your contact details. We will respond within thirty (30) days. If the dispute is not resolved informally within sixty (60) days of the date the initial notice is sent, either party may commence formal proceedings.
17.2 Binding Arbitration. Subject to Section 17.4 (Class Action Waiver) and the non excludable consumer guarantees in the Australian Consumer Law, any dispute that is not resolved informally will be referred to and finally resolved by arbitration administered by the Resolution Institute in accordance with the Resolution Institute Arbitration Rules in force at the date of the dispute. The seat of arbitration is Sydney, New South Wales. The arbitration will be conducted in English by one arbitrator appointed in accordance with those Rules. The arbitral award will be final and binding. If you acquired the Service as a consumer within the meaning of the Australian Consumer Law, this Section 17.2 does not prevent you from instead bringing proceedings in a court or tribunal of competent jurisdiction where you live.
17.3 Court Proceedings. Nothing in this Section 17 prevents either party from (i) seeking urgent injunctive or equitable relief from a court of competent jurisdiction, including to protect intellectual property rights, or (ii) bringing a claim in a small claims court that has jurisdiction and where the claim qualifies and remains in that court.
17.4 Class Action Waiver. To the maximum extent permitted by law, you and Company agree that any proceedings will be brought solely on an individual basis and not as a class, representative or collective action. This Section 17.4 does not apply to the extent it is unenforceable under applicable law.
17.5 Governing Law. This Agreement is governed by the laws of New South Wales, Australia, and the laws of the Commonwealth of Australia applicable in New South Wales, without regard to its conflict of law principles. The U.N. Convention on Contracts for the International Sale of Goods does not apply.
18. General Provisions
18.1 Electronic Communications. Communications between you and Company may occur electronically. You consent to receive communications in electronic form and agree that all electronic communications satisfy any legal requirement that such communications be in writing, subject to your statutory rights (including those under the Electronic Transactions Act 1999 (Cth)).
18.2 Assignment.You may not assign or transfer this Agreement or your rights or obligations without Company's prior written consent. Company may freely assign or transfer this Agreement. Any attempted transfer in violation of this section is null and void.
18.3 Force Majeure. Company is not liable for delays or failures caused by events outside its reasonable control, including acts of God, war, terrorism, riots, pandemics, cyber attacks, internet outages, strikes, unavailability of connected AI models, partner or API failures, or shortages of transportation, fuel, energy, labour or materials.
18.4 Questions and Complaints. If you have any questions, complaints or claims regarding the Service, contact us at hello@2036studios.ai. You may also contact the Australian Competition and Consumer Commission (ACCC) or your state or territory consumer protection authority.
18.5 Agreement Updates.Company will post updates to these Terms of Use on the Service and update the "Last updated" date. If you have an Account we will also email you. Company may require your consent before further use of the Service. If you do not agree to any change, stop using the Service.
18.6 Notice. You are responsible for providing Company with a valid current email. You may give notice to Company at hello@2036studios.ai. Notice is deemed given when received by Company.
18.7 Waiver and Severability. A waiver or failure to enforce any provision on one occasion is not a waiver of any other provision or of that provision on any other occasion. If any portion of this Agreement is held invalid or unenforceable, the remaining portions remain in full force and effect.
18.8 Export Control. You may not use or export the Service except as authorised by Australian, U.S. and other applicable laws. You represent that you are not located in any sanctioned country and are not on any government list of prohibited parties.
18.9 Entire Agreement. This Agreement constitutes the final, complete and exclusive agreement between the parties regarding its subject matter and supersedes all prior discussions or agreements.

