Terms of Service

By affirmatively accepting these Terms, creating an account through a registration process that conspicuously identifies these Terms and your agreement to them, or purchasing the Service through an equivalent acceptance process, you agree to these Terms. If you do not agree, do not create an account, purchase a subscription, or use account-based features.

"You" means the individual accepting these Terms and any business or other organization that individual is authorized to represent. If you accept on behalf of an organization, you represent that you have authority to bind it. If you lack that authority, you may not accept on its behalf.

The plan description and purchase disclosures presented when you subscribe form part of your agreement concerning the purchased plan. Asset-specific restrictions disclosed before the relevant generation or use also apply. A separately signed agreement controls over conflicting provisions of these Terms to the extent expressly stated. Specific purchase disclosures control over general provisions concerning the same transaction. Third-party materials remain subject to the rights their owners actually grant.

Our Privacy Policy, available at https://dualeyo.com/privacy, explains our personal-information practices. Acceptance of these Terms does not replace any separate consent required by privacy or other law.

You must be at least 18 years old and legally capable of entering into this agreement. The Service is not offered for use by children. You must provide accurate account and billing information, keep it current, and use only payment methods you are authorized to use.

You are responsible for safeguarding your credentials, managing authorized users, and activities you or your authorized users conduct through your account. Notify legal@dualeyo.com promptly if you suspect unauthorized access. Do not share credentials outside the account arrangements permitted by your plan. These responsibilities do not excuse the Company's own legal obligations or automatically make you responsible for unauthorized activity caused by the Company's breach of those obligations.

You may connect or manage another person's or organization's accounts only with the necessary authority. You are responsible for obtaining permissions from your clients, employers, account owners, and authorized users before acting on their behalf. We may request reasonable verification of identity, account ownership, payment authority, or authorization to act for another party.

Subject to these Terms and payment of applicable fees, we grant you a limited, nonexclusive, nontransferable right to access and use the Service for the purposes and during the periods permitted by your plan. Authorized team or agency use is permitted only to the extent included in that plan.

You may not resell access, sublicense the Service, or operate it as a separate service for third parties unless your plan or a written agreement permits that activity. Creating and delivering finished videos for clients is distinct from reselling access and is permitted when your plan and the applicable asset licenses allow it.

Any free trial's duration, allowance, eligibility conditions, and material restrictions will be disclosed before enrollment. Unless an offer expressly states otherwise, trial eligibility is limited to one trial per customer. You may not create additional accounts or use misleading information to obtain repeated trials.

Our no-card-required free trial does not automatically convert into a paid subscription. When it expires or its allowance is exhausted, paid features require a separate plan selection and express authorization to pay. We will not charge you merely because a no-card-required trial ends.

If we offer a different promotion that converts to paid service, its price, conversion date, renewal terms, and cancellation instructions must be disclosed before enrollment, and we will obtain the consent and provide the notices required by law. A promotional offer does not override mandatory consumer rights.

Paid subscriptions are billed in advance at the price and billing frequency disclosed when you purchase. MONTHLY SUBSCRIPTIONS AUTOMATICALLY RENEW FOR SUCCESSIVE MONTHLY PERIODS UNTIL CANCELED. Any other renewal period must be expressly disclosed and accepted at purchase.

By expressly subscribing, you authorize the Company, through Stripe or another identified payment processor, to charge your selected payment method for the initial period and subsequent renewals, together with applicable taxes disclosed as required by law. Your purchase confirmation or billing account identifies your renewal date. A monthly renewal falling on a date absent from a particular month may occur on that month's last day, as disclosed in your billing information.

Prices are in U.S. dollars unless the purchase screen states otherwise. Required charges will be disclosed before purchase. Your bank or payment provider may separately impose currency-conversion or other fees outside our control.

If a payment fails, we may notify you, retry the authorized payment through the processor, and suspend paid features while payment remains unpaid. A retry does not authorize charges for periods after an effective cancellation. We do not impose a late fee or collection charge unless separately disclosed, agreed to, and lawful.

You may cancel future renewals at any time through the subscription-cancellation controls provided in your account or by emailing legal@dualeyo.com from your account email with a clear request to cancel. If you cannot access that email, we may reasonably verify ownership without creating unnecessary obstacles. We will process a clear cancellation request without requiring a retention call or acceptance of another offer.

Cancellation takes effect for renewal purposes when submitted through the cancellation controls or received at the stated email address. Cancel before the renewal charge is initiated to avoid that renewal. If we receive your request before renewal but charge you because of our processing delay, we will refund that renewal charge.

Unless you request immediate account closure or access is otherwise lawfully suspended, cancellation stops future renewals and paid access continues through the current paid period. No minimum advance cancellation period applies. We will provide confirmation of cancellation.

Disconnecting a social account, disabling automatic posting, or ceasing to use the Service does not by itself cancel a subscription. A request to permanently delete your Service account also cancels its future subscription renewals. Cancellation does not remove content already published to third-party platforms.

Except as stated here, in an applicable purchase offer, or as required by law, subscription fees are nonrefundable and unused time or allowances do not receive prorated refunds. Subjective dissatisfaction with otherwise functioning AI output does not by itself entitle you to a refund. This does not eliminate remedies for a failure to provide the purchased service, misrepresentation, or other circumstances in which applicable law provides a remedy.

We will correct verified duplicate charges, charges made after an effective cancellation, and other billing errors attributable to us. Contact legal@dualeyo.com promptly with the relevant transaction information. Please report an apparent error within 30 days when reasonably possible; this request does not shorten a statutory deadline or waive lawful payment-dispute rights.

If we permanently discontinue a prepaid service or terminate a compliant customer's paid access for our business convenience, we will refund the unused prepaid subscription period on a prorated basis. We may offer credits or substitute service, but you need not accept them in place of a refund required by this paragraph or law.

If a technical failure attributable to the Service consumes a generation allowance without providing the associated usable generation, contact us. We will restore the affected allowance or provide another appropriate remedy. Repeated or material failures remain subject to any remedies required by law.

Your plan's generation allowance, daily cap, supported features, and other material limits will be displayed before purchase. Unless your purchase disclosures expressly provide otherwise, monthly allowances reset on the first day of each calendar month, daily limits reset at midnight, and resets use Pacific Time (Las Vegas, Nevada). Allowance resets are separate from your subscription billing anniversary. Unused allowances do not roll over or have cash value.

Before purchase, we will identify any reduced first-period allowance and the activities that consume an allowance, including the treatment of regeneration and additional processing. A failed publication does not itself restore an allowance consumed by a successfully generated video. A failed generation is handled under Section 7.

You may not bypass limits through multiple accounts, unauthorized automation, shared credentials, or other evasive methods. Additional purchases or paid overages require your authorization; reaching a limit does not by itself authorize an extra charge.

The effective date and financial effect of an upgrade or downgrade will be disclosed before you confirm it. We will not materially reduce an already purchased period's allowance or core paid features merely by changing the public pricing page. Restrictions reasonably needed for security, legal compliance, or third-party requirements may apply sooner, subject to appropriate remedies for materially unavailable paid service.

We may change prices for future subscription periods after giving direct notice of the new price, its effective date, and how to cancel. Unless a legally prescribed notice window requires different timing, we will provide at least 30 days' advance notice. Changes do not increase charges for a period already purchased.

We will obtain any additional consent and provide acknowledgments, annual reminders, renewal notices, promotional-expiration notices, and fee-change notices required by applicable law. If required notice or consent has not been completed, the change will not take effect for you until those requirements are satisfied. You may cancel before a change takes effect.

"Inputs" means prompts, text, recordings, images, videos, account instructions, and other material you submit. "Output" means scripts, audio, videos, and other material generated for you through the Service. "Customer Content" includes your Inputs and Output, but excludes Company Materials and Third-Party Materials as defined below.

You retain your existing rights in your Inputs. As between you and the Company, and to the extent permitted by law, you own the rights, if any, in Output that can lawfully belong to you. To the extent the Company acquires transferable intellectual-property rights in that Output, we assign those rights to you, excluding rights in Company Materials and Third-Party Materials. This allocation does not create rights that do not exist or transfer rights we do not hold.

AI-generated material may lack copyright protection, may resemble other material, and may be generated for other users in similar or identical form. We do not promise that Output is unique, exclusive, registrable, or free of third-party rights. Your rights in third-party components are governed by Section 12.

You grant the Company a nonexclusive, worldwide, royalty-free license to host, reproduce, process, adapt, format, transmit, and display Customer Content as reasonably necessary to provide and secure the Service, generate and deliver Output, investigate abuse, and perform your authorized scheduling and publication instructions. We may permit our service providers to perform those functions on our behalf, subject to applicable obligations and the Privacy Policy. This license does not transfer ownership of your Inputs to us.

The license continues only as necessary for those purposes, including processing already-authorized operations, complying with law, resolving disputes, and retaining limited backups and records as described in the Privacy Policy. It does not authorize unrelated public advertising with your Customer Content or training general-purpose AI models on it. Any such additional use requires a separate lawful basis and any consent required by law and applicable platform rules.

Processing by third-party AI and infrastructure providers must be described accurately in the Privacy Policy. Do not submit confidential, privileged, sensitive, or regulated information unless you have authority to disclose it and have determined that the Service's disclosed safeguards and provider arrangements meet your requirements.

"Third-Party Materials" include stock footage, photographs, music, sound effects, fonts, synthetic voices, and other material owned or licensed by third parties. These materials are licensed, not sold, and are excluded from any assignment of Output rights.

Subject to the rights we are authorized to provide, applicable restrictions disclosed before generation or use, and your plan, you may use included Third-Party Materials only as incorporated into finished Output for the permitted purposes. Any limitation on commercial use, monetization, client work, advertising, distribution platforms, attribution, territory, or duration must be disclosed before the affected purchase or use. Ask legal@dualeyo.com before proceeding if the permissions for your intended use are unclear.

You may not extract and resell or redistribute a third-party asset on a standalone basis, claim exclusive ownership of it, register it as your trademark, or use it outside its permitted scope. A right to publish an organic social post does not necessarily authorize paid advertising, broadcast use, a third party's campaign, or every monetized use. Platform-provided music may have additional platform-specific restrictions.

Ending your subscription does not by itself revoke rights validly granted in finished Output already generated, subject to the scope and duration of the applicable licenses and any lawful termination for misuse. Cancellation does not grant new rights or continued access to provider libraries. We will not represent that a provider's license authorizes customer distribution unless it actually does.

We may replace or remove assets prospectively when rights expire or concerns arise. If we learn that previously delivered material requires action, we may notify you and offer a replacement or other appropriate remedy. The Company remains responsible for its own representations and obligations concerning the rights it supplies; you remain responsible for your Inputs, modifications, and uses outside granted permissions.

The Service uses artificial intelligence and automated tools. Output may contain errors, fabricated statements, misleading implications, unwanted imagery, biased material, or other unsuitable content. It may incorrectly portray people, events, products, or legal and factual matters. The Service does not provide legal, medical, financial, or other licensed professional advice.

For manually published or individually approved content, you are responsible for reviewing Output before approving, publishing, distributing, or relying on it. Verify factual claims, permissions, attribution, disclosures, and suitability for the intended audience. Do not treat a generated statement as evidence of a person's actual words, actions, endorsement, or consent.

If you separately enable a permitted automation feature that operates without individual approval, Section 15 governs that authorization. Enabling automation does not establish that each item has been reviewed or relieve you of responsibility for your instructions, permissions, required disclosures, and monitoring. We remain responsible for our own contractual and legal obligations.

We do not guarantee views, engagement, audience growth, revenue, monetization eligibility, platform acceptance, search rankings, or any other business result.

Connecting an account authorizes us to access only the permissions you grant and to perform actions within those permissions that you instruct or separately enable. Connecting an account alone does not authorize unrestricted publication. You represent that you own or are authorized to manage each connected account and have authority to publish the relevant content.

Third-party platforms operate under their own terms and policies. By using the YouTube integration, you agree to be bound by the YouTube Terms of Service at https://www.youtube.com/t/terms. TikTok use is subject to its applicable terms, including those available at https://www.tiktok.com/legal/terms-of-service, and the music-use and commercial-content confirmations required in the publishing workflow. Other integrations are subject to the applicable platform terms identified when you connect or use them.

Platform access, visibility, quotas, audits, and feature approvals may limit an integration. We do not guarantee that a platform will accept, retain, recommend, or monetize content. Platforms may remove content, restrict access, change requirements, or suspend accounts. These limitations do not excuse the Company's failure to follow its own obligations.

Scheduling and automatic publishing are available only where supported by your plan, the integration, and applicable platform requirements. Scheduled publication of an individually approved item is different from automation that generates or publishes items without individual review. The feature's enrollment and settings must identify which workflow you are enabling.

Before enabling publication without individual review, you must separately and affirmatively authorize that feature and its scope. Your selected accounts, subjects, schedules, privacy settings, and other available controls define the instructions we are authorized to execute. We may require individual approval or disable automation when required by a platform, law, or the Service's safeguards. A general authorization under these Terms does not override any required per-item consent, preview, or user-selected publishing control.

You are responsible for configuring authorized features accurately, monitoring their operation, and maintaining required rights and disclosures. You may pause or disable future automation through its controls or request assistance at legal@dualeyo.com. We will stop initiating new automated publications after the disabling instruction takes effect. A submission already transmitted to a platform may still complete, and content already published must ordinarily be managed on that platform.

Scheduling is subject to the displayed timezone, connection status, processing time, and platform availability. We do not guarantee publication at an exact second or that an interrupted request can always be recalled. The Service may report a publication failure or uncertain status; check the destination account before manually retrying to reduce duplicate posts. These limitations do not authorize publication beyond your instructions.

You may disconnect a third-party account using the available account controls and may revoke permissions through the third party's settings. For Google-connected accounts, permissions can also be managed at https://myaccount.google.com/permissions.

Following disconnection, we will stop initiating new activity using that connection, invalidate or remove the usable authorization credentials under our control, and perform provider-side revocation where supported and required. Requests already transmitted may still complete. Disconnection does not automatically delete previously published content, cancel your subscription, or delete all previously collected records. Retention and deletion of those records are governed by our Privacy Policy and applicable platform requirements.

You represent that you hold all rights, permissions, and lawful authority necessary for your Inputs and instructions, including required licenses and permissions concerning music, images, trademarks, personal information, voices, likenesses, and client accounts. You are responsible for your use and modification of Output and for applicable advertising, sponsorship, endorsement, synthetic-media, and platform disclosures.

You may not use the Service to violate law or third-party rights; create fraudulent endorsements or testimonials; unlawfully impersonate or clone another person's identity, voice, or likeness; defame, threaten, unlawfully discriminate against, or harass others; disclose private information without lawful authority; create or distribute nonconsensual intimate imagery or sexual exploitation material; exploit or endanger children; facilitate fraud, phishing, malware, or other harmful activity; or distribute spam or evade platform enforcement.

You may not circumvent security or usage controls, access another customer's data without authorization, interfere with the Service, extract protected software or proprietary assets, or use unauthorized automated access methods. Reverse engineering, decompilation, or similar conduct is prohibited except to the extent applicable law permits it notwithstanding this restriction. Lawful criticism, reviews, protected reporting, and other nonwaivable rights are not prohibited.

You must comply with applicable export-control and economic-sanctions laws. You may not access or provide access to the Service where doing so would violate those laws. Availability of the website does not establish that the Service is offered or lawful in every jurisdiction.

Report suspected abuse, unlawful content, or rights violations to legal@dualeyo.com with enough information to locate and assess the issue. We may investigate credible reports, request supporting information, remove or restrict affected content, pause publication, and suspend accounts when reasonably necessary. We may preserve evidence and respond to lawful requests as described in the Privacy Policy.

We do not promise to review every Input or Output before delivery or publication. Our failure to detect a violation does not grant permission for it. We will exercise enforcement rights in good faith and consistently with applicable law, platform requirements, and the procedures below.

Copyright notices should be directed to the Company's Copyright Agent at legal@dualeyo.com, by mail to Copyright Agent, Dual Element, Co. LLC, 8901 Colorful Pines Avenue, Las Vegas, NV 89143, or by telephone at (602) 703-2919. A notice must include the copyright owner's or authorized representative's signature; identification of the copyrighted work; identification and location of the allegedly infringing material; contact information; a good-faith statement that the disputed use is not authorized by the owner, its agent, or law; and a statement that the notice is accurate and, under penalty of perjury, that the sender is authorized to act for the owner.

We will respond expeditiously to compliant notices as applicable law requires and notify the affected user where appropriate. A user contesting removal may send a counter-notice including a signature, identification and former location of the material, a statement under penalty of perjury of a good-faith belief that removal resulted from mistake or misidentification, and the user's name, address, and telephone number. The counter-notice must consent to the jurisdiction of the federal district court for the user's address or, if outside the United States, any federal district where the Company may be found, and accept service from the original complainant or its agent. We may share relevant notices and counter-notices with the affected parties to administer this process, consistent with law and the Privacy Policy.

Where the statutory counter-notice procedure applies, we may restore material no earlier than 10 and no later than 14 business days after receiving a compliant counter-notice unless the complainant notifies us of a court action seeking to restrain the alleged infringement. Separate lawful grounds may independently require restricting the material. We terminate repeat infringers in appropriate circumstances and accommodate applicable standard technical measures. Knowingly material misrepresentations in notices or counter-notices may create liability under applicable law.

"Company Materials" means the software, interface, branding, templates, documentation, and other materials owned by the Company or licensed to it for operation of the Service, excluding Customer Content and separately licensed Third-Party Materials. The Company and its licensors retain their respective rights. No rights are granted except those expressly stated in these Terms or a separate license.

You may not copy protected Company Materials, remove proprietary notices, misuse our trademarks, or use confidential information or protected assets to develop another product without permission. This does not prohibit lawful independent development or uses that applicable law protects. Any included open-source component remains subject to its applicable license.

If you voluntarily provide suggestions or feedback, you grant us a perpetual, worldwide, nonexclusive, royalty-free right to use and incorporate that feedback without compensation. This permission does not transfer your Customer Content or override privacy or confidentiality obligations.

The Service depends on software, networks, and third-party providers and may experience maintenance, outages, delays, or feature limitations. Unless a separate written service-level agreement applies, no particular uptime percentage or support response time is promised. We will provide notice of material planned disruptions when reasonably practicable.

We may update or replace features, providers, and technical methods. If we materially discontinue a prepaid core feature and cannot provide a reasonably equivalent service, you may cancel the affected service and receive an appropriate prorated refund for the unused prepaid period. We may act immediately to address urgent security, legal, or platform requirements, subject to applicable remedies.

We may suspend or terminate access for a material breach, fraud, nonpayment, legal requirements, or a reasonably substantiated threat to the Service or others. Where practical and appropriate, we will notify you and allow a reasonable opportunity to resolve a remediable issue. Immediate action may be necessary for serious or urgent violations. Any suspension will be reasonably proportionate to its grounds.

You may close your account by requesting deletion through the available controls or legal@dualeyo.com. Permanent termination cancels future subscription renewals; a temporary suspension does not authorize indefinite billing for unavailable service. We may collect valid charges already accrued. Refunds after a customer's material breach are governed by applicable law and these Terms and are not automatically forfeited as a penalty.

The Service is not your sole archive. Keep copies of important materials. Finished videos are stored for the period described on our pricing page: currently 60 days after creation on paid plans and, on the free plan, until 7 days after the free trial ends (or the full paid-plan period if you upgrade before then). We email you at least 7 days before deleting a stored video, and each video shows its deletion date. On termination for our convenience, we will ordinarily provide at least 30 days to export available Customer Content unless legal, security, or third-party restrictions prevent it. User-requested deletion, serious misuse, or urgent restrictions may require earlier removal. Other retention and deletion practices are described in the Privacy Policy. Valid rights in previously delivered Output survive to the extent stated in Sections 10 and 12.

TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT FOR EXPRESS COMMITMENTS IN THESE TERMS OR A SEPARATE WRITTEN AGREEMENT, THE SERVICE AND OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE." THE COMPANY DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF EVERY SECURITY THREAT; THAT OUTPUT WILL BE ACCURATE, UNIQUE, COPYRIGHTABLE, OR SUITABLE FOR EVERY USE; OR THAT ANY PLATFORM WILL ACCEPT OR MONETIZE CONTENT. THESE DISCLAIMERS DO NOT OVERRIDE EXPRESS LICENSE RIGHTS OR OTHER EXPRESS OBLIGATIONS WE UNDERTAKE.

NOTHING IN THESE TERMS EXCLUDES A WARRANTY, RIGHT, OR REMEDY THAT APPLICABLE LAW DOES NOT ALLOW TO BE EXCLUDED.

23.1 Liability limits. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING CONSEQUENTIAL LOST PROFITS, REVENUE, BUSINESS OPPORTUNITIES, GOODWILL, OR DATA, ARISING FROM THE SERVICE OR THESE TERMS, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

SUBJECT TO SECTION 23.2, THE AGGREGATE LIABILITY OF THOSE PARTIES FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF US $100 OR THE SUBSCRIPTION AND USAGE FEES YOU PAID THE COMPANY DURING THE 12 MONTHS BEFORE THE FIRST EVENT GIVING RISE TO LIABILITY. RELATED CLAIMS DO NOT CREATE MULTIPLE CAPS. THESE LIMITS APPLY REGARDLESS OF THE LEGAL THEORY ASSERTED, TO THE EXTENT LAWFUL.

23.2 Preserved liability and remedies. These exclusions and limits do not apply to fraud, intentional misconduct, gross negligence to the extent it cannot lawfully be limited, or any other liability that applicable law prohibits limiting. They do not reduce a refund expressly due under these Terms or restrict nonwaivable statutory remedies. If your jurisdiction permits only narrower limits, those narrower limits apply.

23.3 Customer indemnification. To the extent permitted by law, you will indemnify and hold harmless the Company and its members, managers, officers, employees, and agents from third-party claims and resulting reasonable defense costs, damages, and approved settlements to the extent caused by your unlawful Inputs, infringement of rights you were required to obtain, unauthorized connection or use of another party's account, or material violation of these Terms. This obligation does not apply to the extent a claim results from the Company's breach, negligence, unlawful conduct, or materials it supplied without the rights it represented it would supply. It does not require you to indemnify us merely because properly used Output is challenged.

We will give reasonably prompt notice of a covered claim. We may control the defense and settlement of the claim with counsel of our choice, and you will reimburse the reasonable defense costs and other covered amounts described above and provide reasonable cooperation at your expense. Delayed notice relieves your obligations only to the extent it materially prejudices you. You may participate with separate counsel at your own expense. We will not settle a claim in a way that admits your fault or imposes nonmonetary duties on you without your written consent, not unreasonably withheld. No provision creates an automatic fee award for a direct dispute between you and the Company.

24.1 Informal resolution. Before initiating arbitration, either party should send the other a written notice describing the dispute, relevant facts, requested relief, and contact information. Send notices to legal@dualeyo.com; we will use your account contact information. We will attempt in good faith to resolve the matter for 30 days after receipt. To the extent lawful, applicable filing deadlines are tolled during that period. This process does not prevent a timely filing necessary to preserve a claim, small-claims proceedings, urgent provisional relief, or a report to a government agency.

24.2 Agreement to arbitrate. Except for the exceptions below, you and the Company agree that disputes arising from or relating to these Terms, the Service, purchases, or the parties' relationship will be resolved by binding individual arbitration. This agreement is mutual. It concerns interstate commerce and is governed by the Federal Arbitration Act. It applies to claims arising before or after acceptance only to the extent permitted by law and supported by valid assent; it does not retroactively replace dispute terms governing an already pending proceeding without separate agreement.

24.3 Administrator and rules. Arbitration will be administered by the American Arbitration Association (AAA) under its applicable Consumer Arbitration Rules or, for disputes that are properly commercial, its Commercial Arbitration Rules, together with applicable supplementary rules. Rules and filing information are available at https://www.adr.org. Mandatory consumer protections apply whenever legally required, regardless of how a party labels an account. One neutral arbitrator will decide the merits unless applicable rules or law require otherwise.

We will satisfy applicable AAA clause-review, registration, and fee obligations. If AAA is unavailable for reasons unrelated to either party's breach, the parties may agree on another qualified administrator with comparable safeguards. If they do not agree, either may proceed in a court specified in Section 25. We will not insist on an unavailable forum or prevent court access by failing to pay fees we are required to pay.

24.4 Hearings, fees, and relief. Consumer hearings may occur remotely, on documents where appropriate under the rules, or in the consumer's county of residence unless the consumer agrees otherwise after the dispute arises. Commercial hearing locations will be determined under the applicable rules. The Company will pay administrative and arbitrator fees allocated to it by applicable rules or law. Consumer filing fees will not exceed those allowed by the applicable consumer rules, and available hardship procedures remain available. We will not require a consumer to pay costs that would make this provision unenforceable.

Each party generally pays its own attorneys' fees unless applicable law, the applicable rules, or a valid contractual entitlement provides otherwise. The arbitrator may award relief available under applicable law and enforceable contract provisions and must issue a reasoned written decision. A court with jurisdiction may enter judgment on the award. Arbitration review is limited as provided by law.

24.5 Exceptions and court decisions. Either party may bring an individual qualifying claim in small claims court and may seek temporary provisional relief in court to preserve rights pending arbitration. Government agencies may receive reports and pursue their lawful authority. Claims or remedies that applicable law makes nonarbitrable remain available in court, including where a claimant has a statutory right to elect court proceedings. No provision waives a right to seek public injunctive relief where that right cannot lawfully be waived.

A court, rather than the arbitrator, will decide disputes about formation, existence, validity, enforceability, or scope of this arbitration agreement, including the class waiver. The arbitrator decides the merits of disputes properly referred to arbitration. Any nonarbitrable claim or remedy may proceed in court; a stay of other proceedings is permitted only as law allows.

24.6 Individual proceedings and class waiver. TO THE EXTENT PERMITTED BY LAW, YOU AND THE COMPANY AGREE TO BRING COVERED CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR MEMBER IN A CLASS OR REPRESENTATIVE PROCEEDING. An arbitrator may not consolidate different customers' merits claims or conduct a class arbitration without all affected parties' written agreement. This does not prevent administrative coordination under applicable AAA mass-arbitration rules, lawful joint representation, or any nonwaivable proceeding or remedy. No class arbitration is authorized by these Terms. If the class waiver is unenforceable for a particular claim, that claim proceeds in court rather than class arbitration.

24.7 Opt-out. You may opt out of this arbitration agreement and its class waiver by sending an email to legal@dualeyo.com within 30 days after first accepting Terms containing this arbitration agreement. Include your name, account email, and an unambiguous statement that you opt out of arbitration and the class waiver. No explanation is required. Your timely opt-out will not affect access, pricing, or the remaining Terms. We will confirm receipt. If you previously validly opted out of materially equivalent Company arbitration terms, that opt-out remains effective unless you later expressly agree otherwise.

24.8 Changes and survival. Material changes to this arbitration agreement require legally effective notice and assent and will not apply to a dispute for which either party already provided written notice without separate agreement. You may reject a materially revised arbitration agreement by opting out within 30 days after it is presented for acceptance; any previously valid agreement remains applicable to the extent lawful. This Section survives termination. If part is unenforceable, the rest remains effective to the extent it can operate lawfully, subject to the specific class-waiver rule above.

Nevada law governs these Terms without applying its conflict-of-law rules, except that the Federal Arbitration Act governs Section 24 and applicable federal law controls where required. Mandatory protections of a consumer's home jurisdiction remain applicable where they cannot lawfully be displaced by agreement.

Subject to Section 24 and mandatory venue rights, proceedings properly brought in court will be heard in state courts located in Clark County, Nevada, or the United States District Court for the District of Nevada, as jurisdiction permits, and the parties consent to those courts. This provision does not require a consumer to surrender a nonwaivable right to a local forum or prevent a qualifying small-claims action in an otherwise authorized court.

We may revise these Terms prospectively. We will identify the updated date and give direct notice of material changes through your account email or a conspicuous account notice at least 30 days before they take effect, except where a shorter period is reasonably necessary for law or urgent security requirements. We will obtain affirmative assent where required. Posting a revised document alone does not establish acceptance of a material change where notice or assent is required.

Price changes are governed by Section 9, and arbitration changes by Section 24. Changes will not retroactively eliminate accrued rights or expand permissions to use Customer Content already provided without a lawful basis. You may cancel before a materially adverse change becomes effective. If such a change would materially impair a prepaid period and you decline it, you may request a prorated refund for the unused affected period.

These Terms, accepted purchase disclosures, applicable disclosed asset restrictions, and any separately signed agreement governing the Service constitute the agreement on their subject matter. They do not exclude liability for fraudulent statements or override nonwaivable rights. No general disclaimer cancels an express promise in this agreement.

If a provision is unenforceable, it will be limited or severed only to the extent permitted by law, and the remaining provisions remain effective, subject to Section 24. A failure to enforce a provision is not a waiver. A waiver must be specific and does not automatically apply to later conduct.

You may not assign your contractual rights or obligations without our written consent, not unreasonably withheld for a legitimate business transfer that preserves compliance. We may assign this agreement in a merger, reorganization, or sale of the relevant business or assets if the successor assumes its obligations. An assignment does not reduce accrued rights, evade privacy restrictions, or eliminate legally required notice or consent.

Neither party is responsible for delay caused by events reasonably beyond its control, to the extent it takes reasonable steps to mitigate their effects. This does not excuse accrued payment duties, confidentiality or data-protection obligations, or required remedies for prepaid service that remains unavailable.

The parties are independent contracting parties. These Terms do not create an employment, partnership, fiduciary, or general agency relationship. Limited authority to publish on a connected account exists only as expressly authorized. Protected Company personnel may enforce provisions expressly benefiting them; no other third party acquires contractual rights unless expressly stated.

Provisions concerning accrued payment obligations, ownership, continuing license restrictions, lawful retention, indemnification, disclaimers, liability limits, disputes, and other matters intended to continue survive termination to the extent applicable. The Service-access license ends when access lawfully ends; previously granted Output rights are governed by Sections 10 and 12.

Direct questions, cancellations, account-closure requests, and legal notices under these Terms to:

We may send account and contractual notices to your account email or through the Service where appropriate. Keep your contact information current. Notices requiring a particular delivery method or consent under applicable law will be provided accordingly. These electronic communications do not replace required service of legal process unless applicable law permits it. Where consent to electronic records is legally required, we will obtain it through the appropriate process.