Remworth Terms of Service
Last updated: September 29, 2026
These Terms of Service ("Terms") are a binding agreement between NSR ONE, LLC, a New York limited liability company, doing business as Remworth ("Remworth," "we," "us," or "our"), and the business, together with its authorized users, that accesses or uses the Service ("Customer," "you," or "your"). These Terms govern your access to and use of the Remworth hosted software platform, applications, and websites at remworth.com and app.remworth.com (collectively, the "Service").
PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE A BINDING INDIVIDUAL ARBITRATION PROVISION AND A CLASS-ACTION AND CLASS-ARBITRATION WAIVER IN SECTION 24 THAT AFFECT YOUR LEGAL RIGHTS. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED IN SECTION 24.
1. Acceptance of the Terms
1.1 How you accept. You accept and agree to be bound by these Terms when you take any of the following actions: (a) click "I agree" (or a substantially similar affirmative control) at sign-up; (b) click to confirm your order and payment at paid checkout; or (c) access or use the Service. If you do not agree to these Terms, you must not access or use the Service.
1.2 Electronic agreement. You agree that your affirmative acceptance constitutes your electronic signature and forms a legally binding contract under the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN) and the Uniform Electronic Transactions Act (UETA). You agree to transact business with us electronically.
1.3 Records of acceptance. We maintain records identifying the individual account or user that accepted these Terms, the version accepted, and the date and time of acceptance. Where separate consent to recurring charges is required (Section 6), we retain a distinct record of that consent as well.
1.4 Separate agreements incorporated. These Terms incorporate by reference our Privacy Policy, our Data Processing Addendum ("DPA"), and our Cookie Policy, each as described in Section 15.
2. Eligibility and Authority
2.1 Age. You must be at least 18 years old to use the Service.
2.2 Business use and authority to bind. The Service is offered solely for business use. If you accept these Terms or use the Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" and "Customer" refer to that entity and its authorized users.
3. License Grant
3.1 Grant. Subject to your compliance with these Terms and payment of all applicable fees, Remworth grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the hosted Service for your internal business purposes during the paid term of your subscription.
3.2 SaaS, not a sale of software. The Service is provided as software-as-a-service. These Terms convey access to the hosted Service only. No copy of any Remworth software is sold, delivered, or licensed for installation, and no title or ownership in any software, model, or intellectual property passes to you. All rights not expressly granted are reserved by Remworth.
4. Acceptable Use and Restrictions
4.1 Restrictions. You will not, and will not permit any user or third party to:
(a) copy, modify, translate, or create derivative works of the Service;
(b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or underlying structure of the Service, except to the extent this restriction is prohibited by applicable law;
(c) scrape, crawl, harvest, or use automated means to extract data from the Service, or circumvent, disable, or interfere with any usage caps, rate limits, security, or access controls;
(d) resell, sublicense, rent, lease, distribute, white-label, or otherwise make the Service available to any third party, or use the Service to operate a service bureau;
(e) share account credentials, allow multiple individuals to use a single seat, or permit access by anyone other than your authorized users;
(f) use the Service to build, train, or improve a competing product or service, or to benchmark for a competing product;
(g) use the Service in violation of any applicable law, regulation, or third-party right, or in violation of Amazon's terms or the terms of any other third-party service accessed through the Service; or
(h) introduce malware, or use the Service in a manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use.
4.2 Suspension for violations. We may suspend or limit your access to the Service, in whole or in part, immediately and without liability, if we reasonably believe you have violated this Section 4 or otherwise materially breached these Terms, or where necessary to protect the Service, other customers, or third parties. We will use reasonable efforts to notify you and, where the violation is curable, to restore access upon cure.
5. Plans, Usage Packs, Fees, Taxes, and Payment Authorization
5.1 Plans and usage packs. The Service is offered under subscription plans plus usage-based "row packs," as described at checkout or in an applicable order. Subscription fees are billed in advance on a recurring basis. Row-pack fees are billed as incurred based on your usage.
5.2 Payment processor. Payments are processed by Stripe, Inc., our third-party payment processor. You authorize us and Stripe to charge your designated payment method for all fees when due. Full payment-card numbers are handled by Stripe and are not stored by Remworth.
5.3 Payment authorization. By providing a payment method, you represent that you are authorized to use it and you authorize recurring and usage-based charges to that payment method in accordance with your plan and these Terms until you cancel as permitted herein.
5.4 Taxes. All fees are exclusive of taxes. You are responsible for all sales, use, value-added, and similar taxes and duties associated with your purchase, excluding taxes based on our net income. If we are required to collect such taxes, they will be added to your invoice.
5.5 Currency. All fees are stated and payable in U.S. Dollars (USD) unless otherwise specified.
5.6 Failed payments. If a charge fails or a payment is overdue, we may retry the charge, suspend or downgrade your access, and/or terminate your subscription. You remain responsible for all amounts incurred. We may charge reasonable costs of collection to the extent permitted by law.
6. Auto-Renewal and Consent to Recurring Charges
6.1 Automatic renewal — clear and conspicuous disclosure. YOUR SUBSCRIPTION AUTOMATICALLY RENEWS. Before you are charged, and at checkout, we disclose in a clear and conspicuous manner: (a) that your subscription continues and automatically renews until you cancel; (b) the recurring amount (or the range/basis where usage-based) that will be charged; (c) the billing frequency (e.g., monthly); (d) the renewal/charge date or the basis on which it is determined; and (e) how to cancel, as described in Section 7.
6.2 Separate affirmative consent. We obtain your separate affirmative consent to the automatically recurring charge at checkout, distinct from your acceptance of these Terms. Checking the box or clicking the control to accept these Terms alone does not constitute consent to recurring billing; you must separately authorize the recurring charge.
6.3 Retainable acknowledgment. After you subscribe, we provide an acknowledgment you can retain that reflects the recurring-charge terms, the amount and frequency, the renewal date, and cancellation instructions.
6.4 Trials. If we offer a trial, whether free or for a nominal introductory charge, we will disclose before you enroll: the introductory charge, if any, the price that applies after the trial, the date the first recurring charge will occur, and how to cancel before you are charged. Any introductory charge is billed when you start the trial and is not refundable. Unless you cancel before the trial ends, your subscription will begin and you will be charged at the disclosed price. One trial per business: a trial is tied to the account, to the Amazon seller account connected to the Service, and to the payment card used to start it. If any of them has already been used for a trial, including under a different Remworth account, no new trial is available; a trial started with one is cancelled without charge, and you may subscribe at the disclosed price, which is billed from the start.
6.5 Consent records. We retain records of your consent to recurring charges and of the disclosures presented to you.
6.6 Compliance. This Section is intended to comply with the federal Restore Online Shoppers' Confidence Act (ROSCA), Section 5 of the FTC Act, the California Automatic Renewal Law (AB 2863, effective July 1, 2025), New York General Business Law § 527-a, the Virginia automatic-renewal law, and other applicable automatic-renewal and negative-option statutes.
7. Easy Cancellation
7.1 Self-service cancellation. You may cancel your subscription at any time through the self-service cancellation function available within your account in the Service. Cancellation is available online, in the same medium you used to subscribe, and is at least as easy as sign-up.
7.2 No cancellation gauntlet. We do not require you to call, mail a letter, or complete any retention process to cancel. We will not impose obstacles designed to impede cancellation.
7.3 Effect of cancellation. Cancellation stops future renewal charges. Your access continues through the end of the then-current paid term, after which the subscription will not renew. See Section 10 for refunds.
8. Price Changes and Material Changes to Plans
We may change subscription prices, plan features, or usage-pack pricing. We will provide advance notice of any material change to the price or terms of your subscription (generally 7 to 30 days before the change takes effect), together with instructions on how to cancel if you do not accept the change. Changes apply to renewal terms beginning after the notice period. If you do not wish to accept a change, you may cancel as described in Section 7.
9. Annual Renewal Reminder
For subscriptions that renew on an annual or longer cycle, and where otherwise required by law, we will provide a periodic reminder that identifies the product or service, the recurring amount and billing frequency, the upcoming renewal date, and a link or mechanism to cancel.
10. Refund Policy
10.1 Subscription fees are non-refundable for the current billing term. Cancellation stops future renewals; it does not entitle you to a refund of fees already paid for the current term.
10.2 Consumed row-pack usage is non-refundable.
10.3 Upon cancellation, your access continues until the end of the paid term as described in Section 7.
10.4 Nothing in this Section limits or overrides any non-waivable refund or cancellation rights you may have under applicable law.
11. Warranty Disclaimer
11.1 THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REMWORTH AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
11.2 REMWORTH DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DATA OR OUTPUTS WILL BE ACCURATE, COMPLETE, OR RELIABLE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF HARMFUL COMPONENTS. YOU USE THE SERVICE AT YOUR OWN RISK.
11.3 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
12. Limitation of Liability
12.1 EXCLUSION OF INDIRECT DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL REMWORTH OR ITS SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS, OR DATA, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT REMWORTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2 LIABILITY CAP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REMWORTH'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO REMWORTH FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD 100).
12.3 EXCEPTIONS. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION DO NOT APPLY TO LIABILITIES THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO PORTIONS OF THIS SECTION MAY NOT APPLY TO YOU.
12.4 BASIS OF THE BARGAIN. THE WARRANTY DISCLAIMER AND THE LIMITATIONS OF LIABILITY IN SECTIONS 11 AND 12 ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND REMWORTH AND WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
13. The Service Is Not Financial, Tax, Accounting, or Legal Advice
13.1 REMWORTH IS A SOFTWARE TOOL, NOT A FINANCIAL, TAX, ACCOUNTING, INVESTMENT, OR LEGAL ADVISOR. NOTHING IN THE SERVICE CONSTITUTES FINANCIAL, TAX, ACCOUNTING, INVESTMENT, OR LEGAL ADVICE.
13.2 OUTPUTS OF THE SERVICE — INCLUDING PROFIT-AND-LOSS FIGURES, COST-OF-GOODS-SOLD, FEE ESTIMATES, INVENTORY VALUES, PRODUCT-SOURCING ANALYSES, AND REPRICING FIGURES — ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND ARE BASED ON ESTIMATES AND ON THIRD-PARTY DATA (INCLUDING AMAZON'S SELLING PARTNER API, KEEPA, OPENAI, DATAFORSEO, AND AURA) THAT MAY BE INCOMPLETE, DELAYED, OR INACCURATE.
13.3 YOU ARE SOLELY RESPONSIBLE FOR INDEPENDENTLY VERIFYING ALL FIGURES AND FOR YOUR OWN BUSINESS, PRICING, PURCHASING, TAX-FILING, AND ACCOUNTING DECISIONS. YOU SHOULD CONSULT A QUALIFIED PROFESSIONAL BEFORE RELYING ON ANY OUTPUT OF THE SERVICE.
14. Intellectual Property
14.1 Remworth IP. Remworth and its licensors own all right, title, and interest in and to the Service, including all software, models, algorithms, user interfaces, documentation, trademarks, and all related intellectual property. Except for the limited access rights granted in Section 3, no rights are transferred to you.
14.2 Customer Data. As between the parties, you own your Customer Data. You grant Remworth a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, display, and otherwise use Customer Data solely as necessary to provide, maintain, secure, and improve the Service and to comply with law, in accordance with the Privacy Policy and the DPA.
14.3 Aggregated and de-identified data. We may generate and use aggregated and de-identified data derived from use of the Service (data that does not identify you, any individual, or any Amazon buyer) to operate, analyze, and improve the Service and our business. This use is subject to the Amazon-data restrictions in Section 19 and the DPA.
14.4 Feedback. If you provide suggestions, ideas, or other feedback regarding the Service ("Feedback"), you grant Remworth a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use and exploit the Feedback for any purpose without restriction or compensation.
15. Incorporated Policies and Order of Precedence
15.1 The Privacy Policy, the DPA, and the Cookie Policy are incorporated into and form part of these Terms.
15.2 In the event of a conflict, the following order of precedence applies: (a) with respect to the processing of Personal Data, the DPA controls; (b) otherwise, an applicable written order form controls over these Terms as to its specific subject matter; (c) then these Terms; and (d) then the Privacy Policy and Cookie Policy.
15.3 Defined terms. As used in these Terms, "Amazon Information" and "Customer Data" have the meanings given in the Privacy Policy and the Data Processing Addendum, each of which is incorporated into these Terms.
16. Customer Warranties and Processing Instructions
16.1 Your warranties. You represent and warrant that: (a) you are the controller of the Customer Data you upload to or connect through the Service and have all rights necessary to provide it to us; (b) you have a lawful basis for the processing of any Personal Data and have provided all required notices to, and obtained all required consents from, your data subjects, team members, and other individuals; and (c) you are authorized to connect the Amazon Seller Central account you connect and to permit our access to the associated Amazon Information.
16.2 Processing instructions. Your configuration of the Service, together with the DPA and these Terms, constitutes your complete and documented instructions to Remworth for the processing of Personal Data.
17. Security Responsibilities
17.1 Our responsibilities. Remworth will maintain reasonable and appropriate technical and organizational measures designed to protect the Service and Customer Data, as further described in the Privacy Policy and the DPA.
17.2 Your responsibilities. You are responsible for maintaining the confidentiality and security of your account credentials, for all activity that occurs under your account, for managing your team members' access using least-privilege roles, for promptly deactivating access for departing personnel, and for promptly notifying us of any suspected unauthorized access or use.
18. Third-Party Services and Amazon Dependency
18.1 Third-party dependencies. The Service relies on third-party services, including Amazon's Selling Partner API, Keepa, OpenAI, DataForSEO, Aura, Stripe, Microsoft, Cloudflare, and Railway. We are not responsible or liable for the availability, performance, accuracy, rate limits, errors, suspensions, discontinuations, or policy or pricing changes of any third-party service, or for any resulting effect on the Service.
18.2 Your Amazon account. You are responsible for maintaining your Amazon Seller Central account in good standing and for complying with all applicable Amazon policies and terms. Your access to Amazon Information through the Service depends on your continued authorization and Amazon's continued availability of the SP-API.
18.3 No Amazon affiliation. Remworth is an independent product. Remworth is NOT affiliated with, endorsed by, or sponsored by Amazon. "Amazon" and related marks are the property of their respective owners.
19. Amazon Policy Covenants and Data Handling
19.1 Our compliance. Remworth acknowledges and endeavors to comply with Amazon's Solution Provider Agreement, Acceptable Use Policy, and Data Protection Policy in connection with its access to and processing of Amazon Information.
19.2 Data minimization and use limitation. We request only the SP-API scopes reasonably necessary to provide the Service. Amazon Information is used only to provide you with your own service and to meet legal, tax, and accounting requirements. Amazon Information is never sold, licensed, shared for others' purposes, used to market to or target Amazon customers, or fed into advertising or analytics tools. No advertising or analytics tag runs on the application. Behaviour analytics (Hotjar) and advertising measurement (the Reddit Pixel) run only on the unauthenticated marketing site at remworth.com, and never on app.remworth.com, on any authenticated page, or on any page displaying financial data or Amazon Information. Cloudflare's cookieless page-measurement beacon runs on both surfaces; it sets no cookie, assigns no identifier, and has no access to Amazon Information.
19.3 Your authorization and revocation. Your connection of your Amazon account authorizes our access to your Amazon Information. You may revoke that authorization at any time by disconnecting your Amazon account, after which we will cease collecting new Amazon Information and will handle previously collected Amazon Information as described in the Privacy Policy and DPA.
19.4 Incident cooperation. The parties will cooperate in good faith, and consistent with the DPA, in responding to any security incident involving Amazon Information.
20. No Waiver of Privacy Rights
Nothing in these Terms waives, limits, or restricts any non-waivable rights you or any individual may have under the California Consumer Privacy Act (as amended) or other applicable U.S. state privacy laws. The handling of Personal Data and the exercise of privacy rights are governed by the Privacy Policy and the DPA.
21. Non-Discrimination and Non-Retaliation
Remworth will not discriminate or retaliate against you or any individual for exercising any privacy right, including by denying the Service, charging different prices, or providing a different level or quality of service, except as permitted by applicable law.
22. Term, Termination, Suspension, and Survival
22.1 Term. These Terms take effect when you first accept them and continue for as long as you have an active account or subscription, including through each renewal term.
22.2 Your cancellation. You may cancel your subscription at any time as described in Section 7.
22.3 Our suspension or termination. We may suspend or terminate your access to the Service, in whole or in part, immediately upon notice, for non-payment, material breach of these Terms, a violation of Section 4, a security risk, or where required by law or third-party terms. Where practicable and the cause is curable, we will provide notice and an opportunity to cure.
22.4 Effect of termination; data export and deletion. Upon termination or expiration, your right to access the Service ceases. For a period of thirty (30) days following termination (the "Export Window"), you may export your Customer Data through available functions. After the Export Window, we will delete or de-identify Customer Data in accordance with the DPA and the retention terms of the Privacy Policy, subject to legal, tax, and accounting retention obligations and to backup-cycle deletion.
22.5 Survival. Sections 4 (Acceptable Use), 5 (accrued fees and payment obligations) and 6 (recurring-charge consent records), to the extent applicable, 10 (Refunds), 11 (Warranty Disclaimer), 12 (Limitation of Liability), 13 (Not Advice), 14 (Intellectual Property), 15 (Incorporated Policies), 16 (Customer Warranties), 19 (Amazon Data Handling, as applicable), 20–21 (Privacy Rights), 22 (this Section), 23 (Indemnification), 24 (Dispute Resolution), 25 (Governing Law), and 30 (Boilerplate) survive termination or expiration, together with any other provision that by its nature should survive.
23. Indemnification
23.1 By Customer. You will defend, indemnify, and hold harmless Remworth and its officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, losses, and reasonable expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your Customer Data; (b) your use of the Service in violation of these Terms or applicable law; (c) your violation of Amazon's terms or any other third-party terms; and (d) your infringement or misappropriation of any third-party intellectual property or other right.
23.2 By Remworth. Remworth will defend you against a third-party claim alleging that the Service, as provided by us and used in accordance with these Terms, infringes that third party's U.S. intellectual property right, and will indemnify you for damages finally awarded (or amounts payable in settlement approved by us) for such claim. This obligation does not apply to claims arising from Customer Data, third-party services, your combinations or modifications, or use in violation of these Terms. Remworth's total liability under this Section 23.2 is subject to the cap in Section 12.2.
23.3 Procedure. The indemnified party will promptly notify the indemnifying party of the claim, grant sole control of the defense and settlement (provided no settlement imposing a non-monetary obligation on the indemnified party may be entered without its consent), and provide reasonable cooperation.
24. Dispute Resolution; Binding Arbitration; Class Waiver
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND REMWORTH TO RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND WAIVES THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS.
24.1 Agreement to arbitrate. Except as provided in Sections 24.4 and 24.5, you and Remworth agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Section.
24.2 Arbitration procedure. The arbitration will be conducted by a single arbitrator. The seat of arbitration and, absent agreement, any in-person hearing will be in New York. The arbitrator may award the same individual relief a court could. Judgment on the award may be entered in any court of competent jurisdiction.
24.3 Class-action and class-arbitration waiver. YOU AND REMWORTH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING.
24.4 Small-claims carve-out. Either party may bring an individual claim in a small-claims court of competent jurisdiction if the claim qualifies and remains in that forum.
24.5 Injunctive relief and IP carve-out. Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its intellectual property or confidential information, and such a claim is not subject to arbitration.
24.6 30-day opt-out. You may opt out of this arbitration agreement by sending written notice by email to [email protected] within thirty (30) days after you first accept these Terms. Your notice must include your name, account, and a clear statement that you wish to opt out of arbitration. If you opt out, Section 25 governs any dispute; opting out does not affect any other provision.
24.7 Severability of class waiver. If the class-action and class-arbitration waiver in Section 24.3 is found unenforceable as to any claim or request for relief, then that claim or request will be severed from arbitration and brought in a court of competent jurisdiction under Section 25, and the remainder will proceed in arbitration. In no event will class or representative claims be arbitrated.
24.8 Jury-trial waiver. To the extent any dispute proceeds in court rather than arbitration, YOU AND REMWORTH EACH WAIVE ANY RIGHT TO A TRIAL BY JURY to the fullest extent permitted by law.
25. Governing Law and Venue
These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of New York, without regard to its conflict-of-laws principles. Subject to Section 24, the exclusive venue for any dispute not subject to arbitration is the state and federal courts located in Nassau County, New York, and the parties consent to personal jurisdiction there. You acknowledge that non-waivable consumer-protection or privacy statutes of your home jurisdiction may nonetheless apply.
26. Modification of These Terms
We may modify these Terms from time to time. For material changes, we will provide reasonable advance notice by email and/or in-app notice, together with the effective date. Changes are not retroactive and do not apply to any dispute of which we had actual notice before the effective date. Your continued use of the Service after the effective date constitutes acceptance of the modified Terms. If you do not agree, you must stop using the Service and may cancel as described in Section 7. We retain versioned copies of these Terms.
27. Consent to Electronic Communications
You consent to receive transactional and service-related communications from us electronically (including notices about your account, billing, security, and changes to these Terms). Receipt of these communications is a condition of your account and cannot be opted out of while your account is active. Marketing communications are separate, are sent only with your opt-in where required, and you may opt out of them at any time as described in Section 28.
28. Marketing Email Compliance (CAN-SPAM)
Any marketing email we send will comply with the CAN-SPAM Act: it will use accurate header and "from" information and a non-deceptive subject line, identify the message as an advertisement where required, include a valid physical postal address as required by law, and provide a clear and functioning unsubscribe mechanism. We will honor unsubscribe requests within 10 business days.
29. Marketing Email Compliance (CASL)
To the extent we send commercial electronic messages to recipients in Canada, we will comply with Canada's Anti-Spam Legislation (CASL), including obtaining and maintaining records of the required consent basis, clearly identifying the sender and providing our contact and mailing information, and providing a functioning unsubscribe mechanism that we honor promptly.
30. General Provisions
30.1 Force majeure. Neither party is liable for any failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, internet or utility failures, and third-party service outages.
30.2 Assignment. You may not assign or transfer these Terms, in whole or in part, without our prior written consent; any attempted assignment in violation of this Section is void. Remworth may assign these Terms without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.
30.3 Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
30.4 No waiver. No failure or delay in exercising any right under these Terms operates as a waiver, and no single or partial exercise precludes any further exercise. Any waiver must be in writing to be effective.
30.5 Entire agreement. These Terms, together with the Privacy Policy, the DPA, the Cookie Policy, and any applicable order form, constitute the entire agreement between the parties regarding the Service and supersede all prior or contemporaneous understandings on that subject.
30.6 Notices. Legal notices to Remworth are given by email to [email protected]. We may provide notices to you by email to your account address or by in-app notice, which you agree constitutes effective notice.
30.7 Export and sanctions compliance. You will comply with all applicable U.S. export-control and economic-sanctions laws, including those administered by the U.S. Office of Foreign Assets Control (OFAC) and the U.S. Department of Commerce. You represent that you are not located in, and will not use the Service on behalf of any person located in, an embargoed jurisdiction or on any restricted-party or denied-party list.
30.8 Relationship of the parties. The parties are independent contractors. Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship.
30.9 Contact. For general support, contact [email protected]. For privacy and data-rights requests, contact [email protected]. For legal notices, contact [email protected].