Fossorial

Terms of Service

Last modified: July 23rd, 2025

Fossorial, Inc. (“Fossorial”, “we”, “us”, or “our”) has made these Terms of Service (the “Agreement”) available to explain the terms and conditions by which you may access and use (a) Fossorial’s tools and services made available through https://fossorial.io/ and (b) other related products and services that link to this Agreement (collectively, the “Services”).  

You must read this Agreement carefully as it governs your use of the Services. By accessing or using the Services, you signify that you have read, understand, and agree to be bound by this Agreement in its entirety. If you do not agree, you are not authorized to access or use of our Services and should not use our Services.

PLEASE READ THIS AGREEMENT CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST FOSSORIAL ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

  1. Fossorial Services

  1. Our Services. Fossorial provides self-hosted and cloud based tools that let you securely access and share internal websites and applications over the internet without opening ports or setting up a VPN. We are constantly improving the Services. You agree and acknowledge that the Services is subject to modification and change, including but not limited to how connections are managed and what features are available to you.

  2. Registration. In order to use certain portions of the Services, you must register an account by providing us with your name, email, and other information requested in our registration form. You agree to provide us with complete and accurate registration information. You may not attempt to impersonate another person in registration. If you are registering for our Services on behalf of an organization, you warrant that you are authorized to agree to this Agreement on their behalf. You agree to be responsible for the security of your account including all usernames, passwords, API tokens, OAuth credentials, and other access credentials associated with your account. You accept that you are solely responsible for all activities that take place through your account, and that failure to limit access to your devices or browser may permit unauthorized use by third-parties. Only one user may use the Services per registered account. Each user of the Services may only have one account. You agree to notify Fossorial promptly of any actual or suspected unauthorized use of your account. Fossorial reserves the right to suspend access to any account that Fossorial reasonably determines may have been accessed or used by an unauthorized third party and will provide immediate notice of such to you.

  3. No Minors Permitted. Our Services are not intended for minors under the age of 18. If you are a minor under the age of 18, please do not register for our Services or send any personal information to us. If you have reason to believe that a minor under the age of 18 is using our Services, please let us know immediately at support@fossorial.io and we will seek to revoke access and delete any associated information as quickly as possible.

  4. Additional Policies. You agree and acknowledge that your use of the Services is subject to our Privacy Policy available at https://fossorial.io/privacy.

  1. Usage Requirements

  1. Use of Services. You may access, and we grant you a non-exclusive right to use, the Services in accordance with this Agreement. You will comply with this Agreement and all applicable laws when using the Services. We and our affiliates own all rights, title, and interest in and to the Services, including the underlying technology and intellectual property rights therein.

  2. Content. You retain ownership of all content, materials, documentations, and any other information you provide or use in conjunction with the Services (“User Content”). Subject to your compliance with this Agreement and to the extent Fossorial acquires any right in any User Content, Fossorial hereby assigns to you all its right, title and interest in and to your User Content. During the term of this Agreement, Fossorial may use your User Content as reasonably necessary to provide you with access to the Services. In addition, during and after the term of this Agreement, Fossorial may use your User Content to comply with applicable laws and enforce our policies. You are responsible for all User Content, including for ensuring that it does not violate any applicable law or this Agreement.

  3. Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements (collectively, “Feedback”). If you provide any Feedback to Fossorial, you hereby grant Fossorial the right to freely use such Feedback to maintain, improve, and enhance Fossorial’s current and future products, services and technologies without restriction or compensation to you.  

  4. Usage Data. You agree that Fossorial will have the right to collect and analyze data and other information relating to the access, use, and performance of the Services (“Usage Data”), and Fossorial will be free (during and after the term of this Agreement) to use Usage Data in de-identified or aggregated form to maintain, improve, train, finetune, and enhance Fossorial’s current and future products, services and technologies. Examples of Usage Data include technical logs, metadata, telemetry data, and any other information about how you use and interact with the Services.  

  5. Services Restrictions. You may not (i) use the Services in a way that infringes, misappropriates or violates any person’s rights; (ii) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Services (except to the extent such restrictions are contrary to applicable law); (iii) use the Services to develop products and services that compete with Fossorial; (iv) use the Services for phishing, malware distribution, or other deceptive practices; (v) use any automated or programmatic method to extract data from the Services, including scraping, web harvesting, or web data extraction; (vi) send us any personal information of children under 13 or the applicable age of digital consent; or (vii) use the Services in violation of any applicable laws and regulations (including any export control laws). You will comply with any rate limits and other requirements in our documentation.

  6. User Conduct. You represent, warrant, and covenant that: (i) any User Content you transfer via the Services have been legally obtained and belong to you; (ii) you will not upload or create any User Content that contains gore, sexual abuse material or any content that exploits or promotes harm to any individual; (iii) you will not engage in any conduct that is or could be considered illegal, obscene, defamatory, threatening, intimidating, harassing, hateful or racially or ethnically offensive; (iv) you will not use the Services for any purpose not expressly authorized in this Agreement, including, but not limited to, any high-risk or regulated activities (such as military, medical, nuclear, or critical infrastructure operations); (v) you will not provide any false, inaccurate or misleading information while using the Services, or engage in any activity that operates to defraud Fossorial, other users of the Services, or any other person or entity; (vi) you will not create Fossorial authentication subdomains that include deceptive, infringing, or offensive terms, or impersonate third-party businesses, organizations, or individuals ; (vii) you will not interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services; (viii) you will not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (ix) you will not infringe, misappropriate or violate any intellectual property, privacy, publicity or other proprietary rights of Fossorial or any third party; (x) you will not disguise your location through IP proxying or other methods; and (xi) you will not obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Services, including attempting to avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our service providers or any other third party to protect the Services.

  7. User Responsibility. If you deploy any self-hosted components of the Services, you acknowledge and agree that you are solely responsible for the integration, deployment, configuration, operation, and security of such components. You assume full ownership, liability, and warranty obligations related to your deployment, including, without limitation, any system failures, data breaches, operational misconfigurations, or violations of applicable law arising from your use. You further acknowledge that you are responsible for: (i) all activity of your end users and their compliance with this Agreement; (ii) complying with all applicable laws and any relevant third-party terms of service, including providing clear and conspicuous notice to end users that you may monitor their traffic or activities through the Services; (iii) forwarding your end users’ DNS queries, web traffic, or internal traffic to Fossorial via valid forwarding mechanisms described in our documentation (e.g., the tunneling client, IPSec tunnels); and (iv) configuring and maintaining your third-party identity provider for use with the Services.

  8. Confidentiality. In connection with the Services, you may be given access to certain Confidential Information of Fossorial. You may use Confidential Information only as needed to use the Services as permitted under this Agreement. You may not disclose Confidential Information to any third party, and you will protect Confidential Information in the same manner that you protect your own confidential information of a similar nature, using at least reasonable care. “Confidential Information” means nonpublic information that Fossorial or its affiliates or third parties designate as confidential or should reasonably be considered confidential under the circumstances, including software, specifications, and other nonpublic business information. Confidential Information does not include information that: (i) is or becomes generally available to the public through no fault of yours (ii) you already possess without any confidentiality obligations when you received it under this Agreement (iii) is rightfully disclosed to you by a third party without any confidentiality obligations or (iv) you independently developed without using Confidential Information. You may disclose Confidential Information when required by law or the valid order of a court or other governmental authority if you give reasonable prior written notice to Fossorial and use reasonable efforts to limit the scope of disclosure, including assisting us with challenging the disclosure requirement, in each case where possible.

  9. Third Party Services. To the extent you use any third party software, services, or other products in connection with your use of the Services (“Third Party Services”), any such Third Party Services are subject to their own terms, and we are not responsible for any such Third Party Service.

  10. Security Obligations. You are solely responsible for securing your self-hosted deployment of the Services. Fossorial disclaims all liability for any security incidents, data loss, or breaches resulting from your deployment, including any misconfigurations, failure to implement recommended security controls, or non-compliance with applicable legal or regulatory requirements.

  1. Fees and Payments

  1. Fees and Billing. To the extent the Services are made available to you for a subscription fee, you will pay all fees charged to your account (“Fees”) according to the prices and terms on the applicable pricing page, or as otherwise agreed between us in writing. We have the right to correct pricing errors or mistakes even if we have already issued an invoice or received payment. To pay the subscription fee, you may be required to select a payment plan and provide information regarding your credit card or other payment instrument. You represent and warrant to Fossorial that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with Fossorial or Stripe (as defined below), as applicable, of any changes (for example, a change in your billing address or credit card expiration date) that may occur. If your payment plan includes an ongoing subscription that is automatically renewed periodically, you hereby authorize Fossorial (through Stripe) to bill your payment instrument in advance on such periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Fossorial know within sixty (60) days after the date that Fossorial charges you, or within such longer period of time as may be required under applicable law. Payments are nonrefundable except as provided in this Agreement. You may cancel your subscription online by emailing us at: support@fossorial.io.

  2. Payment Processing. Notwithstanding any amounts owed to Fossorial hereunder, FOSSORIAL DOES NOT PROCESS PAYMENT FOR ANY SERVICES. To facilitate payment for the Services via bank account, credit card, or debit card, we use Stripe, Inc. and its affiliates (“Stripe”), a third-party payment processor. These payment processing services are provided by Stripe and are subject to the Stripe terms and conditions and other policies available at https://stripe.com/legal and Stripe’s Global Privacy Policy available at: https://stripe.com/privacy (collectively, the “Stripe Agreements”). By agreeing to this Agreement, users that use the payment functions of the Services also agree to be bound by the Stripe Agreements, as the same may be modified by Stripe from time to time. You hereby authorize Stripe to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Services. Please contact Stripe for more information. Fossorial assumes no liability or responsibility for any payments you make through the Services.

  3. Taxes. Unless otherwise stated, Fees do not include federal, state, local, and foreign taxes, duties, and other similar assessments (“Taxes”). You are responsible for all Taxes associated with your purchase, excluding Taxes based on our net income, and we may invoice you for such Taxes. You agree to timely pay such Taxes and provide us with documentation showing the payment, or additional evidence that we may reasonably require. Fossorial uses the name and address in your account registration as the place of supply for tax purposes, so you must keep this information accurate and up-to-date.

  4. Changes in Fees. We may change our prices by posting notice to your account and/or to our website. Price increases will be effective 14 days after they are posted, except for increases made for legal reasons or increases made to any free or beta services, which will be effective immediately. Any price changes will apply to the Fees charged to your account immediately after the effective date of the changes.

  5. Free Tier. Fossorial may make available a free-tier of the Services. You may only use the free tier for non-commercial purposes only. In addition, you may not create more than one account to benefit from credits provided in the free tier of the Services. If we believe you are not using the free tier in good faith, we may charge you standard fees or stop providing access to the Services. Fossorial reserves the right to modify or discontinue your access to the free tier of the Services at any time without prior notice. Fossorial will not be liable for any damages or losses resulting from such modification or discontinuation.

  1. Term and Termination

  1. Termination; Suspension. This Agreement takes effect when you first use the Services and remain in effect until terminated. You may terminate this Agreement at any time for any reason by discontinuing the use of the Services. We may terminate this Agreement for any reason by providing you at least 30 days’ advance notice. We may terminate this Agreement immediately upon notice to you if you materially breach this Agreement (including any breach of Sections 2.7 and 2.8), if there are changes in relationships with third party technology providers outside of our control, or to comply with law or government requests. We may suspend your access to the Services, with or without notice, if you do not comply with this Agreement, if your use poses a security risk to us or any third party, or if we suspect that your use is fraudulent or could subject us or any third party to liability.

  2. Effect on Termination. Upon termination, you will stop using the Services and you will promptly return or, if instructed by us, destroy any Confidential Information. The sections of this Agreement which by their nature should survive termination or expiration should survive, including but not limited to Sections 2.2, 2.5, 2.6, 2.7, 2.8, 4, and 5-8.

  1. Proprietary Rights

  1. Services Content. You acknowledge and agree that the Services may contain content, assets, or features made available by Fossorial or other Fossorial users (“Services Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly set forth herein, we reserve all right, title and interest to the Services Content.

  2. Trademarks. The Fossorial name and logos are trademarks and service marks of Fossorial (collectively the “Fossorial Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may not endorse or be affiliated with or connected to Fossorial. This Agreement and the Services do not grant you any license or right to use any of Fossorial Trademarks, without our prior written permission.

  3. Copyright Complaints. Fossorial respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Fossorial of your infringement claim in accordance with the procedure set forth below.

Fossorial will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Fossorial’s Copyright Agent at [email address] (Subject line: “DMCA Takedown Request”).

To be effective, the notification must be in writing and contain the following information:

  1. Counter-Notice. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:

If a counter-notice is received by the Copyright Agent, Fossorial will send a copy of the counter-notice to the original complaining party informing them that Fossorial may replace the removed content or cease disabling it within ten (10) business days. Unless the owner of the applicable copyrighted work or other intellectual property files an action seeking a court order against Fossorial or the user, the removed content may be replaced, or access to it restored, within ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.

  1. Repeat Infringer Policy. In accordance with the DMCA and other applicable law, Fossorial has adopted a policy of terminating, in appropriate circumstances and at Fossorial’s sole discretion, the accounts of users who are deemed to be repeat infringers. Fossorial may also at its sole discretion limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

  1. Indemnification Disclaimer Limitations on Liability

  1. Indemnity. You agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from: (a) your access to or use of our Services (including any User Content) or (b) your violation of any term or condition of this Agreement, the right of any third party, or any other applicable law, rule, or regulation.

  2. Disclaimer. We plan to continue to develop and improve Fossorial, but we make no guarantees or promises about how it operates or that it will function as intended, and your use is at your own risk. THE SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY USER CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.  

  3. Limitations of Liability. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, OR SUBSIDIARIES BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE PROPERTY, ARISING OUT OF OR RELATING TO ANY ACCESS OR USE OF OR INABILITY TO ACCESS OR USE OF THE SERVICES, NOR WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF OUR SERVICES OR THE INFORMATION CONTAINED WITHIN IT, WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF OUR SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED IN THE AGGREGATE (A) THE AMOUNTS YOU HAVE PAID US TO US IN THE SIX (6) MONTHS PRECEDING THE DATE OF THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100.00 USD) OR ITS EQUIVALENT IN THE LOCAL CURRENCY OF THE APPLICABLE JURISDICTION.

THE FOREGOING LIMITATIONS WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

  1. Dispute Resolution By Binding Arbitration

  1. Agreement to Arbitrate. This Dispute Resolution by Binding Arbitration section is referred to in this Agreement as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Fossorial, whether arising out of or relating to this Agreement (including any alleged breach thereof), the Services, and any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and Fossorial are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

  2. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND FOSSORIAL AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND FOSSORIAL AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

  3. Pre-Arbitration Dispute Resolution. Fossorial is always interested in resolving disputes amicably and efficiently, and most user concerns can be resolved quickly and to the user’s satisfaction by emailing support at support@fossorial.io. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Fossorial should be sent to 10612 Fiesta Rd. Fairfax VA (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Fossorial and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Fossorial may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Fossorial or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Fossorial is entitled.

  4. Arbitration Procedures. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to the address set forth in Section 7.3. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Fossorial will pay them for you. In addition, Fossorial will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for disputes, claims, or requests for relief totaling less than $10,000 unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

  5. Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Fossorial. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

  6. Batch Arbitration. If seventy-five (75) or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar disputes within 90 days of each other, then you and Fossorial agree that JAMS will administer them in batches of up to seventy-five (75) claimants each (“Batch”), unless there are less than seventy-five (75) claimants in total or after batching, which will comprise a single Batch. JAMS will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing held by videoconference or in a location decided by the arbitrator for each Batch in accordance with the JAMS Mass Arbitration Rules. If any part of this section is found to be invalid or unenforceable as to a particular claimant or Batch, it will be severed and arbitrated in individual proceedings. 

  7. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

  8. Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than Section 8.2 above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of Section 8.2 are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of this Agreement will continue to apply.

  9. Future Changes to Arbitration Agreement. Notwithstanding any provision in this Agreement to the contrary, Fossorial agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Fossorial written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).

  1. Miscellaneous

  1. Entire Agreement. These terms constitute the entire agreement between you and us with respect to the subject matter hereof. This Agreement supersedes any and all prior or contemporaneous written and oral agreements, communications and other understandings (if any) relating to the subject matter of the terms.

  2. Assignment. You may not assign or transfer this Agreement, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer this Agreement without our prior written consent shall be null and void. We may freely assign or transfer this Agreement. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.

  3. Notice. We may provide any notice to you under this Agreement using commercially reasonable means, including using public communication channels. Notices we provide by using public communication channels will be effective upon posting.

  4. Modifications. We may amend this Agreement from time to time by posting a revised version on the website, or if an update materially adversely affects your rights or obligations under this Agreement we will provide notice to you either by emailing the email associated with your account or providing an in-product notification. Those changes will become effective no sooner than 14 days after we notify you. All other changes will be effective immediately. Your continued use of the Services after any change means you agree to such change.

  5. Equitable Remedies. You acknowledge that if you violate or breach this Agreement, it may cause irreparable harm to Fossorial, and Fossorial shall have the right to seek injunctive relief against you in addition to any other legal remedies.

  6. Severability. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.

  7. Special Notice for International Use Export Controls. Fossorial is headquartered in the United States. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Portions of the Services, the Mobile Apps and the transmission of applicable data, if any, is subject to United States export controls. No portion of the Services may be downloaded or otherwise exported or re-exported in violation of U.S. export laws. Downloading, accessing or using the Services is at your sole risk.

  8. Governing Law. This Agreement will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth below, you and Fossorial agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco, CA. The failure of Fossorial to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.