AGREEMENT TO OUR LEGAL TERMS
We are Pearl Tech Inc. ("Company," "we," "us," "our").
We operate the website https://joinpearlai.com (the "Site"), the mobile application Pearl (the "App"), and related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
Pearl is a personalized financial coaching, education, and organization tool. With your permission, Pearl reads your bank, transaction, balance, and goal information through Plaid and uses artificial intelligence to help you see your money in one place, spot patterns, consider general (non-securities) ideas, ask questions through chat, and receive notifications that summarize your finances. Pearl does not move your money, place trades, or act on your accounts — you take every action yourself. Pearl is not an investment adviser, broker-dealer, or fiduciary, and it does not provide investment, legal, tax, or accounting advice.
You can contact us by email at pearl@pearltech.xyz. Email is the best and fastest way to reach us. Pearl Tech Inc.'s registered business address is 701 Brazos St, Austin, Texas USA, which does not accept postal mail.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Pearl Tech Inc., concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We may update these Legal Terms from time to time. The updated version will be indicated by an updated "Last Updated" date and will be effective upon posting. For material changes, we will provide notice, such as by email or in-app message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.
The Services are intended for users who are at least 18 years old and located in the United States. Persons under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
1. OUR SERVICES
The Services are offered to users located in the United States. The information provided through the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Those who access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws.
Pearl is a personalized financial coaching, education, and organization tool. It reads your financial data (with your permission, through Plaid) and uses artificial intelligence to help you understand and organize your money. Pearl does not provide investment advisory or brokerage services, does not move your money, and does not make or execute investment decisions for you. Pearl Tech Inc. is not registered as an investment adviser or broker-dealer with the U.S. Securities and Exchange Commission (SEC) or any state securities authority, and is not your fiduciary. Pearl Tech Inc. is committed to maintaining compliance with applicable financial, data-privacy, and consumer-protection laws. Any future features that would require registration (such as investment advisory services or money movement) will be offered only after the required registrations are obtained and subject to additional terms and disclosures at that time.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property and unfair-competition laws) in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to access the Services and to download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use.
Except as set out in these Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose, without our express prior written permission. To request permission, contact pearl@pearltech.xyz.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these intellectual-property rights constitutes a material breach of these Legal Terms and your right to use the Services will terminate immediately.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and update it as necessary; (3) you have the legal capacity and agree to comply with these Legal Terms; (4) you are at least 18 years old; (5) you are a citizen or legal resident of, and located in, the United States; (6) you will not access the Services through automated or non-human means; (7) you will not use the Services for any illegal or unauthorized purpose; and (8) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Services.
4. USER REGISTRATION & ACCOUNT SECURITY
To use the App, you register using your mobile phone number and verify it with a one-time code we send by SMS. You are responsible for maintaining the security of the device and phone number associated with your account and for all activity that occurs under your account. Notify us promptly at pearl@pearltech.xyz if you suspect unauthorized access. We may remove or reclaim a username or display name we determine, in our sole discretion, to be inappropriate or objectionable.
5. SUBSCRIPTIONS, BILLING & AUTO-RENEWAL
Pearl offers paid subscriptions. The following terms govern billing, renewal, and cancellation. Auto-renewal terms are presented to you clearly and conspicuously, and you affirmatively consent to them, before you are charged.
Billing and Renewal
How you are billed depends on where you subscribe. If you subscribe inside the App, your subscription is billed through the app store from which you obtained the App — the Apple App Store, and Google Play when available — and is processed through your Apple ID or Google account (we use RevenueCat to manage subscription status). If you subscribe on our website, your subscription is billed by our payment processor, Stripe, to the payment method you provide at checkout; your card details go directly to Stripe, and we do not receive or store them. However you subscribe, your subscription automatically renews at the then-current price for the plan you selected unless you cancel before the end of the current billing period. The billing cycle (for example, monthly or annual) depends on the plan you choose. All prices are in U.S. dollars and exclude any taxes that may apply.
Free Trial
We may offer a free trial on certain plans; when we do, the trial length and terms are disclosed at the point of purchase. Unless you cancel before the trial ends, your subscription automatically converts to a paid subscription at the end of the trial, and the payment method on file is charged at the then-current price — your app store account if you subscribed through the Apple App Store or Google Play, or the card you provided to Stripe if you subscribed on our website. You can cancel during the trial through the same channel you used to subscribe (see Cancellation).
Cancellation
How you cancel depends on where you subscribed. If you subscribed through the Apple App Store or Google Play, you manage or cancel your subscription in your Apple App Store or Google Play account settings; because the app store bills you, we cannot cancel or refund an app-store-billed subscription on your behalf, and refunds, if any, are handled by Apple or Google under their policies. If you subscribed on our website, you can cancel at any time through the customer portal our payment processor, Stripe, makes available from your account settings, or by emailing us at pearl@pearltech.xyz, and we will cancel it for you; any refund of a website (Stripe-billed) subscription is at our discretion and as required by applicable law. For all subscriptions, cancellation takes effect at the end of the current paid period, and you retain access until then. If you have questions, email us at pearl@pearltech.xyz.
Fee Changes
We may change subscription fees from time to time and will communicate any price changes to you in accordance with applicable law. Price changes take effect at the start of the next billing period after notice.
6. FINANCIAL ACCOUNT CONNECTIONS (PLAID)
Pearl lets you connect your financial accounts through Plaid, Inc. ("Plaid") so that Pearl can read your account, balance, and transaction information to provide the Services. When you connect an account: (1) you authorize Pearl Tech Inc., through Plaid, to access read-only financial information from your financial institution; (2) your bank login credentials go directly to Plaid and your bank — we do not receive or store them; (3) the connection is read-only — Pearl does not move money, initiate transfers, or place trades; and (4) you may disconnect a linked account at any time in the App's settings, after which we stop new retrievals. Your use of Plaid is also subject to Plaid's end-user privacy policy. Bank and transaction data is sometimes delayed, incomplete, or miscategorized at the source; treat Pearl's view of your finances as a helpful summary, not a statement of record.
7. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:
- Systematically retrieve data or content from the Services to create or compile a collection, database, or directory without our written permission.
- Trick, defraud, or mislead us or other users, including to obtain sensitive account information.
- Circumvent, disable, or interfere with security-related features of the Services.
- Use any information from the Services to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable law or regulation.
- Upload or transmit viruses, Trojan horses, or other material that interferes with the operation of the Services, or engage in spamming.
- Engage in any automated use of the system, such as scripts, bots, scrapers, or data-mining or data-gathering tools.
- Attempt to impersonate another user or person, or misrepresent your identity, credentials, or affiliations.
- Interfere with, disrupt, or create an undue burden on the Services or connected networks.
- Harass, intimidate, or threaten any of our employees or agents.
- Attempt to bypass measures designed to prevent or restrict access to the Services.
- Except as permitted by law, decipher, decompile, disassemble, or reverse engineer any software comprising the Services, or attempt to access or copy our proprietary algorithms or AI models.
- Misuse AI-driven tools to manipulate, deceive, or create fraudulent strategies, or engage in insider trading, market manipulation, or other securities-law violations using the Services.
- Abuse or circumvent third-party integrations (such as Plaid) to access banking or financial information you are not authorized to access.
- Create false accounts, provide inaccurate information, or use the Services to facilitate illegal transactions, including money laundering.
- Attempt to bypass payment, subscription, or promotional-pricing terms.
- Use the Services to compete with us or for any commercial enterprise not expressly authorized by us.
8. MOBILE APPLICATION LICENSE
Use License
If you access the Services via the App, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, strictly in accordance with these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws in connection with your use of the App; (4) remove, alter, or obscure any proprietary notice posted by us or our licensors; (5) use the App for any revenue-generating endeavor or commercial enterprise for which it is not intended; (6) make the App available over a network where it could be used by multiple devices at the same time; (7) use the App to create a product or service competitive with the App; (8) use the App to send automated queries or unsolicited commercial email; or (9) use our proprietary information or interfaces in the design or development of any application, accessory, or device.
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple App Store or Google Play (each an "App Distributor"): (1) the license granted to you is limited to a non-transferable license to use the App on a device that utilizes the Apple iOS or Android operating systems, in accordance with the applicable App Distributor's usage rules; (2) we are responsible for providing any maintenance and support services with respect to the App as required under applicable law, and you acknowledge that each App Distributor has no obligation to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor may refund the purchase price, if any, and to the maximum extent permitted by applicable law will have no other warranty obligation with respect to the App; (4) you represent and warrant that (i) you are not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country, and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party agreements when using the App; and (6) you acknowledge that the App Distributors are third-party beneficiaries of these Legal Terms and will have the right to enforce them against you.
9. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain links to other websites ("Third-Party Websites") and content originating from third parties ("Third-Party Content"). Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy or completeness by us, and we are not responsible for them, including their content, privacy practices, or policies. Inclusion of, or linking to, any Third-Party Website or Third-Party Content does not imply our endorsement. If you access any Third-Party Website or use any Third-Party Content, you do so at your own risk, and you should review the applicable terms and policies. Any transactions you enter into with third parties are solely between you and the third party.
10. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms; (3) refuse, restrict access to, limit the availability of, or disable any of your content or any portion thereof, in our sole discretion; (4) remove from the Services or otherwise disable files and content that are excessive in size or burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
11. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://joinpearlai.com/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. The Services are hosted in the United States and intended for users in the United States. By using the Services, you consent to having your data processed in the United States.
12. FINANCIAL COACHING, AI & NO INVESTMENT ADVICE
Pearl provides financial coaching, education, and organization. The content, insights, summaries, and notifications Pearl provides are informational and educational only and are not personalized investment, legal, tax, or accounting advice. You acknowledge and agree that:
(1) Pearl Tech Inc. is not registered as an investment adviser or broker-dealer with the SEC or any state, and does not provide investment advisory or brokerage services. No description of Pearl — including any colloquial reference to a "CFO," "advisor," "planner," "wealth manager," or similar role — creates any advisory, fiduciary, brokerage, accounting, legal, or tax-professional relationship between you and Pearl Tech Inc..
(2) Pearl does not recommend specific securities, does not tell you to buy, sell, hold, rebalance, or allocate any investment, does not suggest a portfolio composition, and does not move your money or place trades. You take every action yourself, on your own accounts, and you are solely responsible for your financial decisions.
(3) Pearl is built on artificial intelligence, including third-party AI providers (such as OpenAI, Anthropic, and xAI) to which we send relevant portions of your data for processing. AI is probabilistic and can produce inaccurate, incomplete, or misleading output. Do not act on Pearl's output without verifying it against your account statements, and consult a qualified professional where appropriate. AI-generated insights are assistive only and do not guarantee any outcome.
(4) Investing involves risk, including the possible loss of principal. Past performance, including any simulated, backtested, or hypothetical result, is not indicative of future results. Pearl Tech Inc. makes no guarantee of any financial outcome.
(5) If you want personalized investment, tax, or legal advice, consult a registered investment adviser, broker, CPA, or attorney as appropriate. Any future advisory or money-movement features will be offered only after the required registrations are obtained and under additional terms and disclosures.
13. EARLY ACCESS & PRE-RELEASE FEATURES
Some features of the Services may be offered on an early-access or beta basis and are subject to change, suspension, or discontinuation at any time. Features described on the Site or in marketing materials may represent planned functionality and are not guaranteed as to availability, pricing, or timing. If you join a waitlist, your position does not guarantee access to any particular feature, beta program, or release. We disclaim liability for bugs, interruptions, or inaccuracies encountered in any early-access or beta feature.
14. MONEY MOVEMENT
Pearl does not currently move money, initiate transfers, make payments, or debit or credit your accounts. Account connections are read-only. If we add features that move money, those features will be subject to additional terms and to the disclosures and error-resolution procedures required by the Electronic Fund Transfer Act and Regulation E and other applicable law, which we will provide before the features are offered.
15. TERM AND TERMINATION
These Legal Terms remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES TO ANY PERSON FOR ANY REASON, INCLUDING FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account, you are prohibited from registering a new account under your name, a fake or borrowed name, or the name of any third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress.
16. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We have no obligation to update any information on the Services. We cannot guarantee the Services will be available at all times; we may experience hardware, software, or other problems or need to perform maintenance, resulting in interruptions, delays, or errors. You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance. Nothing in these Legal Terms obligates us to maintain and support the Services or to supply any corrections, updates, or releases.
17. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
18. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT, INCLUDING ANY AI-GENERATED OUTPUT OR ANY FINANCIAL DATA OBTAINED THROUGH THIRD-PARTY AGGREGATORS, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE SERVICES. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
19. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN U.S. STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
20. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including intellectual-property rights; or (5) any overt harmful act toward any other user of the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. We will use reasonable efforts to notify you of any such claim upon becoming aware of it.
21. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you waive any right of action against us arising from any such loss or corruption.
22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You waive any rights or requirements under any laws that require an original signature or delivery or retention of non-electronic records.
23. COMMUNICATIONS CONSENT; SMS & EMAIL
Pearl is a communications-driven coaching experience. By creating an account, you agree to the communications described here.
Account & Coaching Messages
You understand and agree that Pearl will send you personalized communications — including push notifications, in-app messages, and email — on a daily or near-daily basis that reference your finances as part of the coaching experience. These messages never instruct you to buy, sell, or hold any security. You may adjust or disable notifications in the App's settings or your device settings at any time.
SMS (Including Verification Codes)
We send SMS messages for account verification (such as one-time sign-in codes) and may send account or service-related SMS. Message frequency varies. Message and data rates may apply, as determined by your carrier and plan. You can opt out of non-essential SMS by replying "STOP," and you may receive a confirmation message; note that opting out of verification codes may prevent you from signing in.
Email & Promotional Messages
We may send service emails and, where permitted, promotional emails. You can opt out of promotional email at any time using the unsubscribe link or by emailing us; we will still send essential account and service messages.
Support
For questions or assistance regarding our communications, email us at pearl@pearltech.xyz.
24. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-law principles.
25. DISPUTE RESOLUTION; ARBITRATION; CLASS-ACTION WAIVER
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute"), you and we agree to first attempt to negotiate any Dispute (except those expressly excluded below) informally for at least thirty (30) days before initiating arbitration. Informal negotiations begin upon written notice from one party to the other.
Binding Arbitration
If we are unable to resolve a Dispute through informal negotiations, the Dispute (except those expressly excluded below) will be finally and exclusively resolved by binding arbitration on an individual basis. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration may be conducted in person, by documents, by phone, or online; to make arbitration convenient for you, any in-person hearing will be held in the county of your residence or another mutually agreed location, and your arbitration fees and share of arbitrator compensation will be governed and, where applicable, limited by the AAA Consumer Rules. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
Class-Action Waiver
To the fullest extent permitted by law, all Disputes must be brought on an individual basis only. YOU AND WE 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, OR REPRESENTATIVE PROCEEDING. No arbitration may be consolidated or joined with any other proceeding without the consent of all parties.
Exceptions
The following are not subject to informal negotiation or arbitration: (a) any Dispute seeking to enforce or protect, or concerning the validity of, a party's intellectual-property rights; (b) any Dispute related to allegations of theft, piracy, invasion of privacy, or unauthorized use; (c) any claim for injunctive relief; and (d) any claim that may be brought in small-claims court, which either party may bring individually.
30-Day Right to Opt Out
You may opt out of this arbitration agreement and class-action waiver within thirty (30) days of first accepting these Legal Terms by emailing pearl@pearltech.xyz with the subject "Arbitration Opt-Out" and your name and the phone number or email associated with your account. Opting out will not affect any other part of these Legal Terms.
Court Proceedings; Time Limit; Severability
If a Dispute proceeds in court rather than arbitration, it will be brought in the state or federal courts located in the State of Delaware, and the parties consent to jurisdiction and venue there. The U.N. Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded. To the extent permitted by law, any Dispute must be commenced within one (1) year after the cause of action arose. If the Class-Action Waiver is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in court; the remainder of this section will otherwise remain in effect.
26. USER ELIGIBILITY
By using the Services, you represent and warrant that you: (1) are at least 18 years of age; (2) have the legal capacity to enter into binding agreements; (3) are not prohibited from using the Services under applicable law; and (4) are a citizen or legal resident of, and located in, the United States.
27. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
28. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part is severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them.
29. CONTACT US
To resolve a complaint regarding the Services or to receive further information about the Services, please contact us by email. The registered business address shown below is provided for identification only and does not accept postal mail.