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SKYDIVE TERMS OF SERVICE
Effective Date: July 29, 2026
These Terms of Service (these "Terms") are the agreement between Create, Inc. ("Create," "we," "us," or "our") and you for Skydive, our platform for building and running AI agents in the cloud (the "Services"). You accept these Terms when you first click to accept them, create an account, use the Services, or enter into an Order Form that incorporates them. These Terms then form a binding agreement and govern your use. If you accept for an organization, you do so on its behalf and "you" includes that organization.
These Terms include a binding individual arbitration provision and a class-action waiver that you can opt out of within 30 days (Section 15), disclaimers and limits on our liability suited to an autonomous agent platform (Sections 12 and 13), and, for enterprise customers, the ability for a signed Order Form to change these Terms (Section 16).
1. The Agreement
1.1 Eligibility. You must be at least 18 years old to use the Services, and the Services are not intended for anyone younger. If you accept for an organization, you represent that you have authority to bind it. Tell us at [email protected] if you believe a minor has used the Services.
1.2 Changes to these Terms. We may update these Terms. For material changes we will give at least 14 days' notice by email or in the product, and changes apply going forward only. Your continued use after a change takes effect is acceptance; if you do not agree, stop using the Services. Our Privacy Policy at skydive.com/privacy and any posted product or usage policies (together, the "Policies") are part of these Terms.
1.3 Order Forms and these Terms. These Terms are the baseline agreement for the Services. If you enter into an Order Form that incorporates or references these Terms, these Terms apply to the Services provided under that Order Form except where the Order Form expressly changes them, and references in these Terms to "these Terms" include the incorporating Order Form. Each executed Order Form also incorporates the version of the Skydive Data Processing Addendum posted at skydive.com/dpa and identified in that Order Form (the "DPA"), solely for the Services provided under that Order Form. Where these Terms and an Order Form conflict, Section 16.2 controls.
2. Definitions
"Actions" means operations an Agent performs on your behalf, including processing data, running code, communicating, transacting, and interacting with external systems and Third-Party Services.
"Agent" means an automated software process or system you create, configure, deploy, or operate through the Services, including any process an Agent itself creates or invokes. Agents can use tools, generate and run code, browse the web, use Connected Accounts, communicate over Channels, and take Actions, with the autonomy you set.
"Agent Code" means the code, configurations, prompts, workflows, and repositories you or your Agents create through the Services, other than the Platform Technology.
"Channels" means the surfaces through which you or your End Users reach Agents, including the web app, the desktop app, Slack, email, text and similar messaging, and the API.
"Connected Account" means a Third-Party Service account you connect to the Services, by OAuth or by providing credentials, tokens, or keys.
"Customer Content" means content and data you, your users, your Agents, or your End Users submit to or generate through the Services, including prompts, messages, transcripts, files, Connected Account data, Agent memory, Agent Code, and Outputs. It excludes Usage Data and the Platform Technology.
"End User" means a person who interacts with an Agent you deploy and who is not an authorized user of your account.
"Order Form" means an ordering document or enterprise agreement executed between you and Create that references these Terms.
"Output" means content an Agent or the Services generate from Customer Content.
"Platform Technology" means the Services and all software, models, infrastructure, agent harnesses, system prompts, templates, tools, and documentation we provide, and improvements to them.
"Sandbox" means a cloud environment we provision in which an Agent runs.
"Secrets" means credentials, API keys, tokens, passwords, and similar sensitive material you store for your Agents to use.
"Third-Party Service" means any third-party product, service, model provider, infrastructure, channel, or application that interoperates with the Services or that you connect to or access through them, including the services behind your Connected Accounts.
"Usage" means metered consumption of the Services, which may include model inference and tokens, compute and Sandbox runtime, storage, network traffic, browser sessions, messages, API calls, and other metered features shown on the pricing page.
"Usage Data" means telemetry, logs, metering, diagnostic, and performance data generated through operation of the Services, including Agent execution traces, task trajectories, and tool-invocation records, plus aggregated or de-identified data derived from the Services. Usage Data is limited to this operational and structural data and does not include Customer Content, including the contents of requests, responses, files, communications, or Outputs carried within a trace.
"Workspace" means an organizational instance of the Services with its own users, Agents, settings, and content.
3. Services, Accounts, and Acceptable Use
3.1 License. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to use the Services for your internal business or personal purposes. We and our licensors keep all rights in the Platform Technology; nothing here transfers it to you.
3.2 What the Services include. The Services are everything we make available under these Terms now or later, including the Skydive web app, the Skydive desktop app, the Skydive Slack app and your Agents' channels, email and text and similar messaging, the API, SDK, and CLI, cloud Sandboxes, secrets storage, model routing, agent memory, and future surfaces, channels, and features. The Services do not include Third-Party Services.
3.3 Accounts, Workspaces, and administrators. Keep your account information accurate and your credentials confidential. You are responsible for all activity under your account, including activity by your Agents. Accounts are for individual named users and may not be shared; your plan sets how many users a Workspace includes. A Workspace may have administrators who manage and can access, monitor, export, restrict, or remove users, Agents, content, and logs in the Workspace; if you use the Services through an organization's Workspace, that organization may control and access your activity in it.
3.4 Acceptable use. You will not, and will not let any user or Agent:
break the law or infringe others' rights;
gain or attempt unauthorized access to any system, account, or data, or probe or test third-party systems without authorization;
create or distribute malware, exploits, or intentionally insecure or deceptive code;
send spam, phishing, or unsolicited messages, or harvest credentials;
scrape or collect data where prohibited by law or a source's posted terms;
create or distribute child sexual abuse material or content that exploits minors;
impersonate others or run undisclosed automated communications where disclosure is required;
evade Usage metering or abuse free tiers;
reverse engineer the Platform Technology or extract its models, weights, or prompts;
use the Services or Outputs to build or train a competing model or service;
or violate the published policies of a model provider, Channel, or other Third-Party Service. We may publish a separate acceptable use or agent-safety policy, effective on notice.
3.5 Suspension and enforcement. We may investigate suspected violations and may pause, throttle, restrict, or suspend an Agent, Action, Sandbox, or Workspace, remove content, revoke Connected Account access, and cooperate with authorities, where we reasonably believe there is a violation of these Terms or the Policies, a security or legal risk, a violation of a Third-Party Service's terms, excessive resource use, or a suspected compromise. For paid plans we will scope suspensions to the affected Agent or Workspace where practicable and give notice where practicable. We are not obligated to monitor, and not exercising these rights does not shift responsibility for your Agents to us.
4. Agents and Sandboxes
4.1 You direct your Agents. You create and configure Agents and set, for each Agent, task, and tool, their autonomy (for example read-only, approval-required, or autonomous), tools, permissions, and which Connected Accounts they may use. Agents are probabilistic and may misread instructions, take unexpected Actions, produce wrong Outputs, or fail to act.
4.2 Your responsibility for Agents and Actions. As between you and us, you are responsible for your Agents and for the Actions they take and Outputs they produce, whether or not you reviewed them first, except to the extent an Action results from our breach of these Terms or the Platform Technology failing to perform as documented. That responsibility covers the instructions, tools, permissions, and autonomy you give each Agent; deciding when human review is needed, including before any consequential or irreversible Action; testing and supervising your Agents; and the consequences of Actions in external systems, including obligations and charges incurred. You authorize your Agents to act for you, and their Actions, including transactions, payments, and accepting third-party terms, are attributed to you as if you took them. Treat an Agent the way you would treat a person acting under your delegation: grant the least access needed and supervise it. Do not use Agents for safety-critical systems, for automated decisions with legal or similarly significant effects on people without qualified human review, or to give regulated professional advice without a qualified professional's review.
4.3 Sandboxes. Agents run in ephemeral cloud Sandboxes we provision for a task. In a Sandbox an Agent may run code, use a browser, make network requests, install software, and read and write files, and it may persist data and update its own code and configuration between runs through storage and repositories we make available. Because you and your Agents direct a Sandbox, the actions taken in it can change or impair its state. We use commercially reasonable efforts to keep Sandboxes available and in good order, but Sandboxes are operational, not archival; we may recycle or reset them, you should keep your own copy of anything you need, and we do not warrant that Agent Code or Output is secure, correct, non-infringing, or production-ready. Review and test Agent Code and Outputs before relying on or deploying them.
5. Network Controls
5.1 How network controls work. To run the Services securely, outbound traffic between an Agent's Sandbox and the internet passes through network controls we operate on your behalf, as your service provider. These controls are built to protect you and to let your Agents work without complex setup, and they do a limited set of things:
Security. They enforce the security rules you set, including plain-language rules such as never disclosing a particular credential. To apply your rules, automated systems that may include AI models inspect the content of outbound requests and block those that would violate your rules. We use this inspection only to apply your rules and to detect and prevent abuse, and we do not retain request content longer than needed for those purposes or use it for general human review.
Credentials. They inject Secrets you store in our vault into requests at the moment they are made, so your Secrets are used without being exposed inside the Sandbox.
Metering and routing. They read request metadata, such as destinations and token counts, to meter Usage, route requests, and tell whether an Agent is active or idle. Metering and routing rely on metadata, not on the contents of your communications.
Platform services. They route requests to our platform services, such as messaging and job scheduling, so your Agents do not have to build their own.
5.2 Consent and limits. You consent to our operation of the network controls, including the content inspection and metadata processing described above, and you authorize this interception and use on your own behalf and on behalf of your authorized users. Because your Agents communicate with other people and systems, you are responsible for obtaining any consent the law requires from the people and recipients your Agents communicate with, including any all-party consent required for the interception or recording of communications. These controls operate on a commercially reasonable-efforts basis: we do not guarantee we will detect or prevent any compromise or harmful Action, and we have no duty to monitor any Agent. We may also use the network controls to enforce enterprise routing or data-handling requirements set in an Order Form.
6. Secrets and Connected Accounts
6.1 Secrets. You may store Secrets for your Agents to use. We hold them in secrets-management infrastructure designed to inject them at the time of use rather than expose them inside the Sandbox, and you authorize us to store, decrypt, transmit, and use them to operate your Agents.
6.2 Your responsibility for access you grant. You are responsible for which Secrets and Connected Accounts you give which Agent and the scope you grant, for having the right to grant that access under the relevant provider's terms and your organization's policies, for the consequences of Actions taken with it, and for rotating or revoking compromised credentials.
6.3 Connected Accounts and OAuth. We register applications with Third-Party Services so you can connect accounts by OAuth. When an Agent needs access, it requests specific permission scopes, and access is granted only after you approve the request on the provider's own consent screen; scopes may be read or write depending on the task. You can review and revoke a Connected Account's access at any time, in full or by provider or scope, through the Services or the Third-Party Service. The provider's terms govern its service, and providers may set their own limits, revoke access, or change their APIs. We may revoke or suspend any Connected Account or Secret we believe is compromised, over-scoped, or used in violation of these Terms or a provider's terms.
7. Third-Party Services and Model Providers
7.1 Third-Party Services. The Services interoperate with Third-Party Services, including model providers, infrastructure, channels, and the services behind your Connected Accounts. When your use involves a Third-Party Service, including when an Agent calls a model, sends a message, or acts in a Connected Account, you instruct us to transmit the relevant Customer Content to that service for you. Third-Party Services that you directly contract with and for which you supply the connection or keys, including a Connected Account or a provider you select outside the managed set using your own keys, are not among the third-party processors we engage to process personal data in providing the Services (our "Subprocessors"). They are governed by their own terms and privacy policies, and we are not responsible for them or their handling of data after it leaves the Services, except as stated in our Privacy Policy or the DPA incorporated through an executed Order Form or otherwise executed. Model and routing providers in our managed set that process personal data for the Services are our Subprocessors under the DPA, regardless of your model selection.
7.2 Model routing. We provide access to third-party AI models and may add, remove, or substitute models and providers, subject to Section 5 of the DPA when the model or provider is our Subprocessor. We identify in the Services which models we manage (the managed set). For the managed set, our agreements with those providers, or our routing configuration, do not permit them to train their models on your Customer Content. You may also use your own provider keys or select models outside the managed set. If you do, that provider's own terms govern, and we do not control and cannot guarantee whether it trains on the data you send it. Whatever model or keys you select, we never route the categories of data described in Section 9.2 to any provider on terms that permit training. We do not guarantee that any particular model or provider will be available. If a provider restricts our access, we may suspend or change dependent features.
8. Your Content, Outputs, and Intellectual Property
8.1 You own your content. You keep all rights in your Customer Content and own your Outputs and Agent Code, and we assign to you any interest we may have in them. We keep all rights in the Platform Technology.
8.2 License to us. You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit, run, display, and (for technical purposes such as formatting and Secret redaction) modify your Customer Content as needed to provide, secure, and support the Services, enforce these Terms, comply with law, and as permitted by Section 9. You confirm you have the rights to grant this license.
8.3 Usage Data. We own Usage Data and may use it to operate, secure, meter, evaluate, and improve the Services, in aggregated or de-identified form. Using Usage Data to improve the Services does not include training our models on your Customer Content, which is governed solely by Section 9.2.
8.4 Outputs may not be unique. The Services may produce the same or similar Output for others, you get no rights in Output generated for others, and we do not warrant Output is original or non-infringing.
8.5 Feedback. If you send feedback or suggestions, we may use them without restriction or obligation to you.
9. Data Use, Model Training, and Security
9.1 Operating and improving your experience. We use your Customer Content to run the Services for you, including operating your Agents, keeping their memory, personalizing their behavior, debugging, and support, as described in our Privacy Policy.
9.2 Data use and model training. How we use your Customer Content, including to operate and improve the Services and to train, fine-tune, reinforce, or evaluate our models, is described in our Privacy Policy. Training is on by default, and you can turn it off as described there. An Order Form may include a binding no-training covenant that supersedes any training choice or default.
We will not use any of the following to train, fine-tune, reinforce, or evaluate a model, however it is classified: (a) data accessed through the Google or Slack APIs, and any data to the extent derived from it; (b) data accessed through any other Connected Account to the extent the applicable Third-Party Service's terms prohibit that use; (c) End User data; and (d) Secrets. How data reaches or passes through our infrastructure, including the network controls described in Section 5, does not change which data these rules protect.
9.3 Security and incident notice. We maintain administrative, technical, and organizational safeguards appropriate to the Services, including encryption in transit and at rest, secrets-management infrastructure, Sandbox isolation, access controls, and logging. For this Section, "Personal Data Breach" means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to personal data in your Customer Content. If we become aware of a Personal Data Breach, including one affecting the confidentiality, integrity, or availability of that personal data, we will notify you of such Personal Data Breach without undue delay, and in no event later than forty-eight (48) hours after becoming aware of it. We become aware of a Personal Data Breach when our incident response lead, security officer, or legal counsel knows of facts reasonably indicating that a Personal Data Breach has occurred; initial notice may be preliminary and will not be delayed pending a completed investigation. We list our Subprocessors at skydive.com/subprocessors; enterprise notice and objection rights are governed by the DPA. Services that you directly contract with and for which you supply the connection or keys are Third-Party Services, not our Subprocessors.
10. Customer-Deployed Agents and End Users
10.1 Your deployments. You may deploy Agents into your own surfaces, such as your Slack workspace, email, phone numbers, or messaging channels, where they may interact with End Users. You are the deployer, and you are responsible for giving End Users any required notices (including that they are dealing with an automated system where required), obtaining required consents, complying with the laws that apply to your deployment, following each Channel's rules, and supporting your End Users and their rights requests.
10.2 Messaging compliance. Before directing an Agent to message anyone, you must obtain any consent the law requires, including prior express consent under telephone-consumer-protection laws, and you must honor opt-outs such as STOP. For email your Agents send, you are the sender and are responsible for accurate identification and unsubscribe handling. We may suspend or limit messaging features in response to complaint rates, carrier or provider requirements, or suspected abuse.
10.3 End User data. Data your Agents collect from End Users is your Customer Content and your responsibility, and you will not have Agents collect data you are not permitted to collect.
11. Plans, Usage, Credits, and Payment
11.1 Plans and pricing. Paid features are offered through the plans, rates, credit allocations, and entitlements at skydive.com/pricing or in an Order Form ("Fees"). Where an Order Form sets the Fees, Usage allocation, term, or renewal terms, the Order Form controls over this Section. The Services are offered in tiers (for example Starter, Business, and Enterprise) that differ in seat limits and entitlements as described at skydive.com/pricing. Plans are usage-based: a subscription includes a Usage allocation, which may be denominated in credits. Packaging, included features, rates, and limits may change over time, applying from your next billing period, and we will give at least 15 days' email notice of a price increase or a material adverse change to your plan.
11.2 Overage. Usage beyond your allocation is billed as overage only if you have enabled overage billing, for example by adding a payment method for extra usage; otherwise your Agents may pause until you add capacity or your allocation renews.
11.3 Metering and disputes. Usage is measured by the Services and our metering records are presumed accurate. You may dispute a charge in good faith within 60 days; we will investigate, correct verified errors, and not suspend the Services for amounts under good-faith dispute while we do. Your plan price is a minimum recurring charge, not a ceiling on what you may owe: because Agents can incur Usage autonomously, your actual charges may exceed your plan price if you have enabled overage, and if you have not enabled overage your Agents pause at your allocation limit under Section 11.2. You are responsible for all Usage your Agents incur, so use the budget and spend controls we provide; unless we designate a control as a hard cap, we do not guarantee it will prevent overage.
11.4 Billing and renewal. You authorize us and our payment processor to charge your payment method for all Fees when due. Paid subscriptions renew automatically for successive periods at the then-current rates until you cancel, unless your Order Form sets a different term, renewal, or cancellation mechanism, in which case the Order Form controls; you may cancel anytime in settings, effective at the end of the current period, and these renewal terms are also shown at checkout. Fees are non-refundable except as stated here or required by law, and either party may correct billing errors found within 12 months.
11.5 Credits. Credits you purchase for cash do not expire and remain redeemable to the extent required by applicable gift-certificate law, including California Civil Code Section 1749.5, and we will not condition their value on account activity. Credits included with a plan or granted promotionally may expire as stated when granted. Except where law requires cash redemption, credits have no cash value and are not redeemable for cash.
11.6 Taxes. Fees exclude taxes, which you are responsible for, other than taxes on our net income.
11.7 Free tiers and trials. We may offer free tiers, trials, or promotional credits, subject to usage limits and changeable at any time. If a trial converts to a paid plan, we will disclose the terms when you start it and remind you before the first charge. Do not create multiple accounts to get more free usage. Free access is provided as is, and we may suspend or end free or inactive accounts.
11.8 Nonpayment. If a payment fails, after notice we may downgrade, suspend, or pause the Services, and overdue amounts may accrue interest at the lower of 1.5% per month or the maximum allowed by law.
12. Disclaimers and Beta Features
12.1 AI and Agent acknowledgments. You acknowledge that Outputs may be inaccurate, incomplete, or biased; that Actions may not operate as you intended and may have effects in external systems we cannot undo; that Outputs and Actions are not professional advice; that Agent Code is not warranted secure or production-ready; that you are responsible for human review suited to the stakes; and that you assume the risk of relying on Outputs and of Actions your Agents take.
12.2 As is. To the maximum extent permitted by law, the Services, Outputs, and Agent Code are provided "as is" and "as available," and we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, secure, or error-free, or that any model, provider, or Channel will stay available, and we are not responsible for the conduct of third parties.
12.3 Beta features. Features labeled alpha, beta, preview, or evaluation are optional, may change or be withdrawn at any time, may be less reliable, and are excluded from any support, security, or processing commitments and provided "as is" with no liability. Our Privacy Policy and the DPA incorporated through an executed Order Form or otherwise executed still apply to them, and administrators may disable them where that control exists.
13. Indemnification and Limitation of Liability
13.1 Your indemnity. You will defend and indemnify us and our affiliates and personnel from third-party claims, and resulting losses and reasonable legal fees, arising from your Customer Content, Agent Code, or Outputs; your Agents and their Actions and the access you granted them; claims by your End Users or from your deployments under Section 10; your breach of these Terms or violation of law; or your violation of a third party's rights, including a Third-Party Service's terms. We may take over the defense of any such claim, and neither party will settle in a way that binds the other without consent, not unreasonably withheld. This does not apply to the extent a claim results from our negligence, willful misconduct, or breach.
13.2 Our IP indemnity. We will defend and indemnify you against third-party claims that the Platform Technology, including the models and tools we provide and their combination as we provide it, as used under these Terms, infringes a third party's intellectual property. This excludes claims arising from your Customer Content, your Agent Code, Third-Party Services, your combination of the Platform Technology with items we did not provide, or use in violation of these Terms. If the Platform Technology is or may become subject to such a claim, we may modify or replace it or, if neither is commercially reasonable, terminate the affected Services and refund prepaid unused Fees. This is your exclusive remedy for intellectual-property infringement by the Services.
13.3 Damages we exclude. To the maximum extent permitted by law, and except for liability arising from fraud, gross negligence, willful misconduct, or any liability that cannot be excluded under applicable law, neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, or data. We are not liable for Actions taken or not taken by Agents to the extent they arise from your instructions, configurations, Agent Code, or the access you granted, for the conduct or unavailability of Third-Party Services, or for charges your Agents incur in external systems.
13.4 Liability cap. To the maximum extent permitted by law, our total liability arising out of or relating to these Terms or the Services will not exceed the greater of the Fees you paid us in the 12 months before the event giving rise to liability or, if you have paid no Fees, one hundred U.S. dollars (US$100). That cap is doubled for damages arising from our breach of Section 6 (Secrets) or Section 9.3 (Security). Our indemnity obligations under Section 13.2 are not subject to the cap. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including under California Civil Code Section 1668 for fraud, willful injury, or violation of law, and the disclaimers and limitations in these Terms apply only to the extent permitted by law.
14. Term and Termination
14.1 Term; your termination. These Terms take effect when you accept them as described in Section 1 and continue until terminated. If you have an Order Form, its term governs how long your subscription runs. You may stop using the Services and cancel at any time in settings or by contacting [email protected]; if you have an Order Form with a committed term, cancellation takes effect at the end of that term unless the Order Form provides otherwise. Cancellation does not entitle you to a refund of prepaid Fees except as required by law or stated in an Order Form, or as stated in an applicable DPA.
14.2 Our termination and suspension. Except as an Order Form provides, we may terminate these Terms or the Services for convenience on 30 days' notice, and immediately if you materially breach and do not cure within 10 days (or immediately for breach of Section 3.4 or payment obligations), if required by law or a security event, if a Third-Party Service dependency ends, or if a free account is inactive. We will not terminate for convenience during the committed term of an Order Form except as that Order Form allows. If we terminate for convenience and not for your breach, we will refund, pro rata, prepaid Fees and the unused balance of credits you purchased for the period after termination. Suspensions follow Section 3.5.
14.3 Export and deletion. For 60 days after termination we will make your exportable Customer Content, including transcripts, Agent memory, Agent Code, and files, available to export through self-service tools or on request. We will delete Customer Content from our active systems within 90 days of termination, except for routine backups (deleted on their cycle), records kept for security, billing, or legal reasons, data we must retain by law, and de-identified or aggregated data. Secrets are deleted when you delete them or on termination, subject to backups.
14.4 No re-registration. If we terminate you for cause, you will not register again or access the Services under a different account without our consent.
14.5 Survival. Sections 2, 3.4, 4.2, 5 (as to prior use), 6.2, 7, 8, 9.2, 10 (as to deployments before termination), 11 (as to amounts owed), 12 through 17, and any other provision that by its nature should survive, survive termination.
15. Dispute Resolution; Arbitration; Class Action Waiver
PLEASE READ THIS SECTION. IT AFFECTS HOW DISPUTES ARE RESOLVED AND LIMITS YOUR RIGHT TO SUE IN COURT.
15.1 Informal resolution first. Before starting arbitration, email [email protected] with a description of the dispute and the relief you want, and the parties will try in good faith to resolve it within 60 days. The limitations period is tolled during that time. Any claim subject to arbitration must be filed within one year after it accrues, except where a longer period is required by law or the claim cannot be contractually shortened, and this one-year limit does not apply to any claim that proceeds in court under Section 15.3.
15.2 Arbitration. You and Create agree that disputes arising out of or relating to these Terms or the Services will be resolved by final and binding individual arbitration under the American Arbitration Association rules, except that either party may bring an individual claim in small claims court and either party may seek temporary or preliminary court relief to protect intellectual property or confidential or proprietary information or to stop unauthorized access. The Federal Arbitration Act governs this Section.
15.3 Class action and jury waiver. You and Create waive any right to participate in a class, collective, consolidated, or representative action; claims may be brought only individually. Each party also waives any right to a jury trial to the maximum extent permitted by law; for any claim that proceeds in court rather than arbitration, this jury waiver applies only to the extent enforceable under the law that governs that claim. If a claim for public injunctive relief cannot be waived or arbitrated, it is severed and may proceed in court, stayed pending arbitration of the rest.
15.4 Fees and venue. Arbitration fees follow the applicable AAA rules, and under the Consumer Rules we will pay the fees those rules assign to the business. Arbitration takes place in the county where you live, by videoconference, or where the parties agree, and the arbitrator issues a reasoned written decision.
15.5 Opt out. You may opt out of this Section, including the arbitration agreement and the class and jury waivers, by emailing [email protected] within 30 days of first accepting these Terms. If you opt out, disputes are resolved under Section 17.4, and the rest of these Terms still applies.
16. Enterprise Terms and Order of Precedence
16.1 Order Forms. Enterprise plans are available self-serve or under an Order Form. An Order Form may add commitments, such as security, support, data processing, or a no-training covenant, and may change these Terms or the DPA, but only by expressly identifying the provision it changes. An Order Form incorporates these Terms as its baseline and the version of the DPA posted at skydive.com/dpa and identified in that Order Form, and these Terms and that DPA govern the Services provided under it except as the Order Form expressly modifies them. An Order Form may include a binding no-training covenant that supersedes the training choices described in Section 9.2 and our Privacy Policy.
16.2 Order of precedence. If the documents conflict, they control in this order: (i) the mandatory terms of the applicable Standard Contractual Clauses, UK Addendum, and Swiss adaptations described in the DPA, for the restricted transfers they govern; (ii) any Order Form term that expressly identifies and overrides a provision of the DPA, including any no-training covenant, except that no Order Form or other term may reduce the commitments in clauses (a) through (d) of Section 2.10 of the DPA, the routing restriction in Section 2.10 of the DPA, or Section 2.11 of the DPA; (iii) the DPA, for data-protection matters; (iv) the remaining terms of the Order Form; (v) any product- or service-specific terms; (vi) these Terms; and (vii) the Policies.
16.3 Purchase orders. Terms in a purchase order or vendor form have no effect unless we agree to them in a signed Order Form.
17. General Provisions
17.1 Assignment. Neither party may assign these Terms without the other's consent, except to an affiliate or in a merger, acquisition, or sale of substantially all assets, on notice. Any other attempted assignment is void.
17.2 Notices and electronic communications. We may give notice by email to your account address, in the product, or by posting; posted notices are effective when posted. You consent to receive communications from us electronically, and they satisfy any requirement that they be in writing. Amendments to an applicable DPA and notices of new or replacement Subprocessors are governed by the DPA's direct-notice and advance-period requirements; posting alone is not effective notice and does not begin any notice or objection period under the DPA. Legal notices to us go to [email protected] and 214 Grant Ave, Suite 301, San Francisco, CA 94108.
17.3 Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including acts of God, labor disputes, internet or utility failures, attacks, government action, and failures of Third-Party Services.
17.4 Governing law. Except as Section 15 provides, these Terms are governed by California law without regard to conflict-of-laws rules, and non-arbitrable disputes are subject to the exclusive jurisdiction of the state and federal courts in San Francisco, California.
17.5 Export and sanctions. The Services are subject to U.S. export and sanctions laws. You represent you are not in an embargoed jurisdiction or on a restricted-party list, and you will not use the Services, or let Agents act, for prohibited parties or purposes.
17.6 California notice. Under California Civil Code Section 1789.3, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or (800) 952-5210.
17.7 Entire agreement; severability; waiver; beneficiaries. These Terms, with the Policies, any Order Form, and the DPA incorporated through an executed Order Form or otherwise executed, are the entire agreement about the Services and supersede prior agreements on that subject. If a provision is unenforceable, it is modified to the least extent needed and the rest stays in effect, and not enforcing a right is not a waiver. There are no third-party beneficiaries except, where required, the app stores through which any application is offered and the parties indemnified under Section 13.
17.8 Contact. Questions: [email protected]. Create, Inc., 214 Grant Ave, Suite 301, San Francisco, CA 94108.