Legal

Terms of Service

Effective Date: [], 2026

Welcome to Potchkey Labs. Please read on to learn the rules and restrictions that govern your use of our website(s), information, content, products, services and applications (the "Services"), including, without limitation, any request to receive information about, or to purchase, any of the software applications made available through our website(s) (each, an "App"). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:

Email: support@potchkeylabs.com
Address: c/o National Registered Agents, Inc., 1209 Orange Street, Wilmington, New Castle County, Delaware 19801

These Terms of Service (the "Terms") are a binding contract between you and Potchkey Labs, LLC ("Potchkey," "we" and "us"). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy at potchkeylabs.com/privacy. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions ("Additional Terms"), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms.

Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from these Terms.

Will these Terms ever change?

We are constantly trying to improve our Apps and Services, so these Terms may need to change along with our Apps and Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at potchkeylabs.com, send you an email, and/or notify you by some other means.

If you don't agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What about my privacy?

Potchkey takes the privacy of its users very seriously. For the current Potchkey Privacy Policy, please see potchkeylabs.com/privacy.

Children's Online Privacy Protection Act

The Children's Online Privacy Protection Act ("COPPA") requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information from children under 16 years of age; if you are a child under 16 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided us personal information, please contact us at support@potchkeylabs.com.

What are the basics of using Potchkey?

You may be required to sign up for an account, select a password and username (a "Potchkey User ID"), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Potchkey User ID a name that you do not have the right to use, or another person's name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you've received your parent's or guardian's permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf). If you're agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization's or entity's behalf and bind them to these Terms (in which case, the references to "you" and "your" in these Terms, except for in this sentence, refer to that organization or entity).

You will only use the Services and Apps you obtain for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services or Apps is prohibited by applicable laws, then you aren't authorized to use the Services. We can't and won't be responsible for your using the Services or Apps in a way that breaks the law.

You will not share your Potchkey User ID, account or password with anyone, and you must protect the security of your Potchkey User ID, account, password and any other access tools or credentials. You're responsible for any activity associated with your Potchkey User ID and account.

We reserve the right, but have no obligation, to request additional information to verify your identity in order to protect the integrity of the Services and reduce the risk of fraud. You must provide all equipment and software necessary to connect to the Services, and you're solely responsible for any internet connectivity, mobile data, or similar fees you incur in accessing the Services.

What about messaging?

As part of the Services, you may receive communications through the Services, including messages that Potchkey sends you (for example, via email). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages.

Are there restrictions in how I can use the Services?

You represent, warrant, and agree that you will not provide or contribute anything, including any Content or User Submission (as those terms are defined below), to the Services, or otherwise use or interact with the Services, in a manner that:

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

Does Potchkey monitor or remove Content?

We may, but are not obligated to, monitor, review, or remove any Content or User Submission at any time, for any reason, in our sole discretion. We have no obligation to screen or pre-approve Content before it appears on the Services. If we believe any Content violates these Terms, infringes a third party's rights, or could create liability for Potchkey, we may remove or disable access to it and may disclose your identity and other information about you to any third party who claims that Content you posted violates their rights, or to law enforcement, if we believe in good faith that doing so is necessary to comply with the law, enforce these Terms, or protect the rights, property, or safety of Potchkey, our users, or the public.

What are my rights in the Services?

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions (as defined below) and so forth (all of the foregoing, the "Content") are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else's (including Potchkey's) rights.

Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that Potchkey owns the Services, and that Potchkey's name, logo, and other trademarks may not be used without our permission in connection with your products or services or those of any third party. You won't modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.

Subject to your compliance with these Terms, and in consideration of the price you paid, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use a copy of any App you have purchased on devices you own or control, for your own personal or lawful business purposes. This license does not include, and you may not, resell, redistribute, sublicense, rent, lease, or otherwise transfer copies of an App to any third party. We're always improving our Apps, so we may release updates to an App from time to time; you understand and agree that we may do so with or without notice to you, and that we have no obligation to release updates or to continue supporting any particular version of an App.

We have no obligation to store any User Submission or other Content you make available on the Services, and we won't be responsible or liable for the timeliness, deletion, mis-delivery, or accuracy of any Content, or for any failure to store, transmit, or receive it. We may impose reasonable limits on our storage and use of Content, such as limits on file size or storage space, as we determine in our discretion.

What about anything I contribute to the Services?

User Submissions. Anything you post, upload, share, store, or otherwise provide through the Services is your "User Submission." Some User Submissions may be viewable by other users. You are solely responsible for all User Submissions you contribute to the Services. You represent that all User Submissions submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.

You agree that you will not post, upload, share, store, or otherwise provide through the Services any User Submissions that: (i) infringe any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.); (ii) contain sexually explicit content or pornography; (iii) contain hateful, defamatory, or discriminatory content or incite hatred against any individual or group; (iv) exploit minors; (v) depict unlawful acts or extreme violence; (vi) depict animal cruelty or extreme violence towards animals; (vii) promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or (viii) that violate any law.

Licenses. In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy at potchkeylabs.com/privacy to the extent they relate to User Submissions that are also your personally-identifiable information.

For all User Submissions, you hereby grant Potchkey a license to translate, modify (for technical purposes, for example, making sure your content is viewable on a mobile device as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only — your ownership in User Submissions is not affected.

If you store a User Submission in your own personal Potchkey account, in a manner that is not viewable by any other user except you (a "Personal User Submission"), you grant Potchkey the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.

If you share a User Submission in a manner that only certain specified users can view (a "Limited Audience User Submission"), then you grant Potchkey the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.

If you share a User Submission publicly on the Services (a "Public User Submission"), then you grant Potchkey the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all Potchkey users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services.

You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide, provided that when you delete your Potchkey account, we will stop displaying your User Submissions (other than Public User Submissions, which may remain fully available) to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from Potchkey's records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users.

Finally, you understand and agree that Potchkey, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

Who is responsible for what I see and do on the Services?

Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren't liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can't guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.

The Services may contain links or connections to third-party websites or services that are not owned or controlled by Potchkey. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Potchkey is not responsible for such risks. Potchkey has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

If there is a dispute between participants on this site or Services, or between users and any third party, you agree that Potchkey is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Potchkey, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

Will Potchkey ever change the Services?

We're always trying to improve our Apps and Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We'll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn't always practical. We reserve the right to remove any Content from the Services at any time, for any reason, in our sole discretion, and without notice.

Do the Services cost anything?

Browsing the Services is free, but Apps are offered at the prices set forth on our marketplace. Potchkey reserves the right to refuse any order. Prices are quoted in U.S. currency and are subject to change at any time. Sales tax, where applicable, will be determined by the billing address of the order. Purchased Apps are delivered by download through the Services.

ALL SALES ARE FINAL. Except where required by applicable law, all purchases of Apps are final and non-refundable, and Potchkey will not issue refunds or credits for purchased Apps, including for unused Apps, dissatisfaction with an App, or incompatibility with your device. If you believe you were charged in error, please contact us at support@potchkeylabs.com. If you dispute a charge with your Payment Method provider (a "chargeback") for a transaction, you agree not to also separately request a refund from Potchkey for that same transaction.

Billing. We use a third-party payment processor (the "Payment Processor") to bill you through a payment account linked to your account on the Services (your "Billing Account"). Currently, we use Stripe, Inc. as our Payment Processor. You can access Stripe's Terms of Service at stripe.com/us/checkout/legal and their Privacy Policy at stripe.com/us/privacy. You consent and authorize us to share your payment information and instructions with Stripe to the minimum extent required to complete your transaction.

PAYMENT METHOD. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD.

What if I want to stop using the Services?

You're free to do that at any time by contacting us at support@potchkeylabs.com; please refer to our Privacy Policy at potchkeylabs.com/privacy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.

Potchkey is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. If we terminate your access for violating these Terms or for conduct we consider inappropriate, you agree not to attempt to re-register with or access the Services under a different name, email address, or account.

Account termination may result in destruction of any Content associated with your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important User Submissions you may have stored in your account, but we may not do so if we determine it would be impractical, illegal, not in the interest of someone's safety or security, or otherwise harmful to the rights or property of Potchkey.

If you have deleted your account by mistake, contact us immediately at support@potchkeylabs.com — we will try to help, but unfortunately, we can't promise that we can recover or restore anything.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.

Warranty Disclaimer

POTCHKEY AND ITS LICENSORS, SUPPLIERS, PARTNERS, PARENT, SUBSIDIARIES OR AFFILIATED ENTITIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, CONTRACT EMPLOYEES, REPRESENTATIVES AND AGENTS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (POTCHKEY AND ALL SUCH PARTIES TOGETHER, THE "POTCHKEY PARTIES") MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE SERVICES, INCLUDING WITHOUT LIMITATION REGARDING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES. THE SERVICES AND CONTENT ARE PROVIDED BY POTCHKEY (AND ITS LICENSORS AND SUPPLIERS) ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE POTCHKEY PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO POTCHKEY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity

You agree to indemnify and hold the Potchkey Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account) and any Apps, and (b) your violation of these Terms.

Assignment

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Potchkey's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law

These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of Delaware, without regard to the conflicts of laws provisions thereof.

Territorial Restrictions

The Services are controlled and offered by Potchkey from the United States, and we make no representation that the Services are appropriate or available for use in other locations. If you access or use the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local law.

Arbitration Agreement

Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Potchkey and limits the manner in which you can seek relief from Potchkey. Both you and Potchkey acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Potchkey's officers, directors, employees and independent contractors ("Personnel") are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Miami-Dade County, Florida. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the "Rules") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes.

(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. Potchkey will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Potchkey will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

(c) Small Claims Court; Infringement. Either you or Potchkey may assert claims, if they qualify, in small claims court in Miami-Dade County, Florida, or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.

(d) Waiver of Jury Trial. YOU AND POTCHKEY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Potchkey are instead choosing to have claims and disputes resolved by arbitration. IN ANY LITIGATION BETWEEN YOU AND POTCHKEY OVER WHETHER TO VACATE OR ENFORCE AN ARBITRATION AWARD, YOU AND POTCHKEY WAIVE ALL RIGHTS TO A JURY TRIAL, AND ELECT INSTEAD TO HAVE THE DISPUTE BE RESOLVED BY A JUDGE.

(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Potchkey is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.

(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: Potchkey Labs, LLC, c/o National Registered Agents, Inc., 1209 Orange Street, Wilmington, New Castle County, Delaware 19801, postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms' arbitration agreement.

(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Potchkey to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Potchkey agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Miami-Dade County, Florida, or the U.S. District Court for the Southern District of Florida.

(h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Potchkey.

(i) Mass Arbitration. You and Potchkey agree that the JAMS Mass Arbitration Procedures and Guidelines (as may be amended, the "Mass Arbitration Procedures") shall apply if 75 or more similar demands for arbitration are filed against Potchkey by or with the assistance of the same law firm, group of law firms, or organizations, within a reasonably contemporaneous time period. In that event, the parties agree that JAMS will designate a process administrator to determine whether and how such demands should be batched, consolidated, or otherwise grouped for purposes of arbitrator appointment, discovery, and hearings. This provision does not authorize class, collective, or representative arbitration of any kind beyond what is expressly permitted by the Mass Arbitration Procedures.

Electronic Communications

Communications between you and Potchkey may take place electronically, whether you visit the Services, send us e-mails, or we post notices on the Services or communicate with you by e-mail. For contractual purposes, you consent to receive communications from Potchkey in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.

Force Majeure

Potchkey will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, war, terrorism, riots, fire, flood, accident, or shortages of transportation, labor, or materials.

Export Control

You may not use, export, or re-export the Services except as authorized by United States law and the laws of the jurisdiction in which the Services were obtained. By using the Services, you represent that you are not located in, or a resident or national of, any country subject to a U.S. government embargo, and that you are not on any U.S. government list of prohibited or restricted parties.

Miscellaneous

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that Potchkey may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Potchkey agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Potchkey, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.

You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Potchkey, and you do not have any authority of any kind to bind Potchkey in any respect whatsoever.

Except as expressly set forth in the section above regarding the arbitration agreement, you and Potchkey agree there are no third-party beneficiaries intended under these Terms.