Terms of Service - Anthiago, LLC

Anthiago, LLC 46 mins

Effective Date: March 14, 2025

1. INTRODUCTION

Welcome to Anthiago, LLC (“Anthiago,” “Company,” “we,” “our,” or “us”).

These Terms of Service (“Terms”) govern your use of our website located at https://anthiago.com and operated by Anthiago, LLC, as well as the services and tools made available to you through this website (“Services”).

Our Privacy Policy also governs your use of our Services and explains how we collect, safeguard, and disclose information that results from your use of our web pages. Please read it here: https://anthiago.com/privacy-policy.

Our Cookie Policy explains how we use cookies and similar tracking technologies on our website. Please read it here: https://anthiago.com/cookie-policy.

Your agreement with us includes these Terms, including any additional agreements referring to these Terms, as applicable, our Privacy Policy, and our Cookie Policy (collectively, the “Agreements”). You acknowledge that you have read and understood the Agreements, and by accessing or using the Services, you agree to be bound by these Agreements and the other rules provided with the Services, whether or not you are a registered user of our Services. If you do not agree with (or cannot comply with) the Agreements, then you may not use the Services. Please let us know by emailing at [email protected] so we can try to find a solution.

These Terms apply to all visitors, users, and others who wish to access or use the Services.

2. YOUR USE OF THE SERVICES

2.1. Eligibility

You must be at least 18 years old to access, use, or register with the Services. By using the Services, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

If you are using the Services on behalf of a business entity, you represent and warrant that: (i) you have full legal authority to bind this entity to this Agreement; (ii) you have read and understand this Agreement; and (iii) you agree, on behalf of the represented entity, to this Agreement.

2.2. License to Use the Services

We grant you a limited, personal, revocable, non-exclusive, non-sublicensable, non-assignable, and non-transferable license to access and use the Services in accordance with these Terms. We retain all rights, titles, and interests in the Services and do not transfer any title regarding the Services to you. You are not allowed to resell or commercially use any part of the Services or its contents and materials.

3. COMMUNICATIONS

By creating an Account on our Services, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any or all of these communications from us by following the unsubscribe link or by emailing at [email protected].

4. SERVICES WE OFFER

Anthiago, LLC provides a variety of services through its website, which may include, but are not limited to:

  • Automated transcription and subtitle generation for audio and video files.
  • Paragraph reformatting of transcripts and text.
  • Text transformation tools.
  • Other utility tools available on our website.

These services may be provided directly by Anthiago or through artificial intelligence mechanisms or other technologies. We reserve the right to modify, add, or remove services at any time without prior notice. While we strive to maintain the quality and functionality of our services, we do not guarantee the accuracy, reliability, or continuous availability of any specific service, particularly those reliant on third-party technologies or artificial intelligence.

5. PURCHASES AND TAXES

If you wish to purchase any product or service through our Services (“Purchase”), you may need to provide information such as your credit card number, expiration date, billing address, and shipping information. All fees are non-refundable except as expressly stated in Section 9 (Refund Policy).

You represent and warrant that: (i) you have the legal right to use the provided payment method(s) for any Purchase; and (ii) the information you provide is accurate and complete.

A valid payment method, including a credit card, is required to process the payment for your subscription. You must provide Company with accurate and complete billing information, including your full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize Company to charge all Subscription fees incurred through your account to any such payment instruments.

Payment processing services are provided by third-party payment processors and are subject to their respective service agreements. By agreeing to these Terms or continuing to use the site, you agree to be bound by the payment processor’s terms of service, as they may be modified by them from time to time.

Taxes: You are responsible for any sales, use, goods and services, value-added, withholding, or similar taxes or levies that apply to your Orders, whether domestic or foreign (“Taxes”), other than our income tax. All fees and expenses related to your purchases are exclusive of Taxes. You are required to pay any applicable Taxes in addition to the fees for the Services.

6. CONTESTS, SWEEPSTAKES, AND PROMOTIONS

Any contests, sweepstakes, or other promotions (collectively, “Promotions”) made available through Services may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, Promotion rules will apply.

7. SUBSCRIPTIONS AND PAYMENT

Some parts of the Services are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select upon purchasing a Subscription:

Subscription with Annual Billing: By purchasing a Subscription with Annual Billing, you agree to an initial pre-payment for one full year of service. After one year and annually thereafter, you will be billed a recurring Subscription renewal fee at the then-current annual Subscription rate. We will notify you before the renewal fee is billed. You may cancel your Subscription anytime before the next billing cycle, subject to these Terms.

Subscription with Monthly Billing: By purchasing a Subscription with Monthly Billing, you agree to monthly payment installments, with the first payment being on the date that you commence your subscription and payments subsequently being made each month thereafter. We will notify you before the renewal fee is billed. You may cancel your Subscription anytime before the next billing cycle, subject to these Terms.

If you purchase a Subscription, you authorize us to charge you automatically each month or other recurring period unless and until you cancel the Subscription. The cancellation will take effect the day after the last day of the current Subscription period.

Should automatic billing fail to occur for any reason, Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

8. FEE CHANGES

Company, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Company will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Services after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

9. REFUND POLICY

9.1. Standard Refund Policy for Subscriptions

As a general policy, subscription payments for our Services are non-refundable once the service has been activated or delivered, except as provided in Sections 9.2-9.5 below and as required by applicable law. By purchasing a subscription, you acknowledge that Anthiago provides immediate access to digital services.

9.2. Limited Exceptions for Technical Failures

Notwithstanding the above policy, you may be eligible for a refund in the following circumstances:

Service Unavailability: When our Services experience a verifiable technical failure that:

  • Persists for 24 consecutive hours or more.
  • Is determined to be caused by Anthiago’s systems (not by your equipment, internet connection, or third-party services).
  • Prevents you from accessing substantial portions of the subscribed Services.
  • Has been reported to our technical support team at [email protected] within 48 hours of occurrence.

Significant Processing Errors: When our transcription or processing Services:

  • Fail to process files that meet all our stated technical specifications.
  • Produce results with accuracy rates significantly below our advertised performance standards.
  • The issue has been reported within 48 hours of the processing attempt.

Unauthorized Charges: When you can verify that subscription charges were applied without authorization or after a cancellation request was processed.

9.3. Refund Request Process

To request a refund under the eligible circumstances:

  1. Submit your request within 14 days of the occurrence.
  2. Provide reasonable evidence of the technical failure or other qualifying circumstance.
  3. Attempt to resolve the issue with our technical support team before requesting a refund.
  4. Send a formal refund request email to [email protected].

9.4. Refund Determination and Processing

Refund requests will be evaluated based on the evidence provided and our verification of the reported issues:

  • Approved refunds will typically be processed as a monetary refund to your original payment method.
  • Refunds will generally be calculated on a prorated basis for the affected service period.
  • Processing will be completed within 14 business days from approval.
  • In some cases, with your consent, service credits may be offered as an alternative with additional value.

9.5. Exclusions from Refund Consideration

The following circumstances are not eligible for refunds:

  • User errors or failure to follow our technical guidelines.
  • Service interruptions that last less than 24 hours.
  • Termination of your account due to violation of these Terms.
  • Force majeure events outside our reasonable control.
  • Requests made more than 14 days after the occurrence.

This refund policy does not limit any statutory rights to refunds that may apply under applicable consumer protection laws in your jurisdiction.

10. CONTENT AND USER RESPONSIBILITIES

10.1 User Content

Our Services facilitate the creation, uploading, linking, storing, sharing, and distribution of files, data, or information (“Content”) that you process through our Services. You are solely responsible and accountable for the Content that you create or share via our Services, including its legality, reliability, accuracy, and appropriateness.

10.2 User Representations and Warranties

When creating or uploading Content through our Services, you affirm and guarantee that:

(i) the Content is yours (you own it) or you have acquired the necessary rights or permissions to use it and to allow us to perform the services as outlined in these Terms; and (ii) the creation or uploading of your Content via our Services does not infringe on the privacy rights, publicity rights, copyrights, contractual rights, or any other rights of any individual or entity.

10.3 Anthiago’s Role as a Service Provider

Anthiago acts solely as a passive conduit and hosting service for your Content. We do not:

  • Review, screen, or approve Content before it is uploaded or shared through our Services.
  • Edit or modify any Content you submit except as required to provide the Services you request.
  • Assume any ownership rights in your Content.
  • Endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content.
  • Monitor or control the Content shared through our Services.

10.4 Content Removal and Reporting

We maintain the right, but not the obligation, to:

  • Remove any Content that violates these Terms or applicable laws.
  • Terminate accounts of users found to be infringing on intellectual property rights.
  • Respond to legal notices, court orders, or other valid legal processes.

If you believe Content violates these Terms or applicable law, please report it to [email protected].

10.5 Content Ownership and Rights

You retain all of your rights to any Content you submit, upload, or display on or through our Services, and you are responsible for protecting and enforcing those rights. We claim no intellectual property rights over the Content you create or upload to our Services.

10.6 Safe Harbor Protection

Anthiago complies with the safe harbor provisions of the Digital Millennium Copyright Act and similar legislation in other jurisdictions. As required by the DMCA, we have implemented a policy for addressing repeated copyright infringement by users of our Services.

11. PROHIBITED USES

You may use the Services only for lawful purposes and in accordance with the Terms. You agree not to use the Services:

  • In any way that violates any applicable national or international law or regulation.
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
  • In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which may harm Company or users of the Services or expose them to liability.

Additionally, you agree not to:

  • Use the Services in any manner that could disable, overburden, damage, or impair the Services.
  • Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose.
  • Use any manual process to monitor or copy any of the material on the Services for any unauthorized purpose.
  • Use any device, software, or routine that interferes with the proper working of the Services.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services.
  • Attack our Services via a denial-of-service attack or a distributed denial-of-service attack.
  • Take any action that may damage or falsify Company’s reputation.
  • Otherwise, attempt to interfere with the proper working of the Services.

12. ANALYTICS

We may use third-party Service Providers to monitor and analyze the use of our Services. By using the Services, you agree to the transfer of your data to these third parties for this purpose. If you do not agree to this, you should stop using the Services. For example, we may use services such as Google Analytics or similar analytics tools. For more details on our use of cookies and tracking technologies for analytics purposes, please refer to our Cookie Policy at https://anthiago.com/cookie-policy.

13. NO USE BY MINORS

The Services are intended only for access and use by individuals at least eighteen (18) years old. By accessing or using the Services, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both access and usage of the Services.

14. ACCOUNTS

When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Services.

When creating an account through a third-party authentication service (such as Google or other supported platforms), you authorize us to access certain information from your account, as permitted by the respective platform’s terms of service and privacy policy.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Services or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You are not permitted to use a username that:

  • Includes the name of another person or entity
  • Is not lawfully available for your use
  • Is subject to the rights of another person or entity without appropriate authorization
  • Is offensive, vulgar, or obscene

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

15. INTELLECTUAL PROPERTY

The Services and their original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Company and its licensors. The Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Company.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Services infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected], with the subject line: “Copyright Infringement,” and include in your claim a detailed description of the alleged Infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims regarding the infringement of any Content found on and/or through Services related to your copyright.

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
  • A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
  • Identification of the URL or other specific location on the Services where the material that you claim is infringing is located.
  • Your address, telephone number, and email address.
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email at [email protected].

18. ERROR REPORTING AND FEEDBACK

You may provide us directly at [email protected] with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Services (“Feedback”). You acknowledge and agree that:

(i) You shall not retain, acquire, or assert any intellectual property right or other right, title, or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback.

In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited, and perpetual right to use (including copy, modify, create derivative works, publish, distribute, and commercialize) Feedback in any manner and for any purpose.

Our Services may contain links to third-party websites or services that are not owned or controlled by Company. Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT ANTHIAGO, LLC SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEB SITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEB SITES OR SERVICES THAT YOU VISIT.

20. DISCLAIMER OF WARRANTY

THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

21. LIMITATION OF LIABILITY

EXCEPT AS PROHIBITED BY APPLICABLE LAW, YOU AGREE TO HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

EXCEPT AS PROHIBITED BY APPLICABLE LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

21.2 Exceptions to Limitations

NOTWITHSTANDING THE FOREGOING LIMITATIONS, NOTHING IN THESE TERMS SHALL LIMIT OUR LIABILITY FOR:

(i) DEATH OR PERSONAL INJURY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) FRAUD OR FRAUDULENT MISREPRESENTATION; (iii) ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW; OR (iv) INTENTIONAL VIOLATIONS OF LAW OR REGULATIONS BY COMPANY.

21.3 Consumer Protection Rights

THESE LIMITATIONS OF LIABILITY DO NOT AFFECT ANY STATUTORY RIGHTS THAT CANNOT BE WAIVED OR LIMITED UNDER APPLICABLE CONSUMER PROTECTION LAWS IN YOUR JURISDICTION. IF ANY PART OF THIS SECTION IS HELD TO BE UNENFORCEABLE OR INVALID FOR ANY REASON, THE REMAINING PORTIONS SHALL CONTINUE TO APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

22. TERMINATION

22.1 Termination by Anthiago

We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, at our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

22.2 Termination by You

You may terminate your account in the following ways:

22.3 Subscription Cancellation and Refunds

When canceling a subscription:

  • All subscription payments are strictly non-refundable as stated in Section 9.1.
  • In exceptional circumstances only, and at Anthiago’s sole discretion, we may consider refund requests.
  • Any potential refund would be subject to thorough review of your account and usage history.
  • If approved after review, refunds would be limited to a prorated amount for unused subscription days.
  • All refund determinations are made at our sole discretion and are final.

22.4 Data Retention After Termination

Upon account termination:

  • Your personal information will be deleted within 30 days of account closure.
  • Anonymized usage statistics may be retained for analytical purposes.
  • Any content you’ve created or uploaded will be deleted from our active systems within 30 days.
  • You may request expedited deletion of your data by contacting [email protected].

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

23. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any dispute arising under or relating in any way to these Terms will be resolved exclusively in the courts of the State of Delaware, and you agree to submit to the personal jurisdiction of those courts for the purpose of litigating all such disputes.

23.1 BINDING ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved through binding arbitration in the State of Delaware, in accordance with the rules of the American Arbitration Association (“AAA”). This arbitration agreement is mandatory and cannot be opted out of.

By agreeing to these Terms, you acknowledge and agree that:

a) YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT;

b) The arbitration will be conducted by a neutral arbitrator who will issue a written reasoned decision;

c) The arbitration will be confidential, and neither you nor Anthiago may disclose the existence, content, or results of any arbitration without the prior written consent of the other, unless required by law;

d) Each party shall bear its own costs and expenses (including attorney’s fees) associated with the arbitration, and the parties shall share equally the fees and expenses of the arbitrator, unless the arbitrator determines otherwise;

e) The arbitrator may award any form of individual relief, including injunctions and other equitable remedies, and any award is final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

23.2 EXCEPTIONS TO ARBITRATION

Notwithstanding the foregoing, either party may bring an individual action in small claims court within its jurisdiction or seek emergency equitable relief in any court of competent jurisdiction pending the arbitrator’s determination. Additionally, Anthiago may seek injunctive or other equitable relief for intellectual property infringement in any court of competent jurisdiction.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services and supersede and replace any prior agreements we might have had between us regarding the Services.

24. CHANGES TO SERVICE

We reserve the right to withdraw or amend our Services, and any service or material we provide via Services, at our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.

25. AMENDMENTS TO TERMS

25.1 Types of Changes

We may amend these Terms at any time. Changes will be categorized as follows:

Minor Changes: Updates that clarify provisions, fix typographical errors, comply with law, or do not substantially affect user rights or obligations.

Material Changes: Modifications that substantially affect your rights or obligations, including changes to payment terms, data handling, service functionality, or legal remedies.

25.2 Notice of Changes

For Minor Changes: We will post the amended terms on our website with an updated “Effective Date.”

For Material Changes: We will:

  • Post the amended terms on our website with an updated “Effective Date.”
  • Provide at least 30 days’ advance notice before changes take effect.
  • Send a direct notification to the email address associated with your account.
  • Display a prominent notice when you log in to the Services.

25.3 Acceptance of Changes

For Minor Changes: Your continued use of the Services after the effective date constitutes acceptance of the revised Terms.

For Material Changes: You will be required to explicitly accept the new Terms by:

  • Clicking an “I Accept” button or checkbox when you log in after the changes take effect, or
  • Continuing to use the Services after receiving notice and being given the opportunity to review the changes.

If you do not agree to material changes, you must stop using the Services before the changes take effect. If material changes affect paid subscriptions, you may cancel your subscription and request a prorated refund for the unused portion without penalty by contacting [email protected] before the changes take effect.

25.4 Prior Versions

We will maintain an archive of prior versions of these Terms, which will be available upon request to [email protected].

26. CLASS ACTION WAIVER

You agree not to bring or participate in a class action lawsuit or class-wide arbitration. Any disputes or claims arising out of or relating to the use of Services will be resolved on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding.

27. WAIVER AND SEVERABILITY

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

28. ACKNOWLEDGEMENT

BY USING THE SERVICES OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

29. CONTACT US

Please send your feedback, comments, requests for technical support by email to [email protected].

30. DATA PROTECTION AND PRIVACY RIGHTS

30.1 General Data Protection

We are committed to protecting your personal data and complying with applicable data protection laws. Our Privacy Policy, available at https://anthiago.com/privacy-policy, describes how we collect, use, and share your personal information. Our Cookie Policy, available at https://anthiago.com/cookie-policy, explains how we use cookies and similar tracking technologies.

30.2 European Users (GDPR)

If you are a user located in the European Economic Area (EEA), United Kingdom, or Switzerland, you may have certain rights under the General Data Protection Regulation (GDPR) and other applicable data protection laws, including the right to access, correct, delete, restrict processing of, and port your personal data. For more information about how to exercise these rights, please refer to our Privacy Policy or contact our Data Protection Officer at [email protected]. Information about our use of cookies and your choices regarding cookies can be found in our Cookie Policy.

30.3 California Residents (CCPA/CPRA)

If you are a California resident, you may have certain rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), including the right to know what personal information we collect, the right to delete your personal information, the right to opt-out of the sale or sharing of your personal information, and the right not to be discriminated against for exercising these rights. For more information, please refer to the “California Privacy Rights” section of our Privacy Policy and our Cookie Policy.

31. STATUTORY COOLING-OFF PERIOD

In certain jurisdictions, you may have the right to cancel your subscription within a statutory cooling-off period. If you are a consumer residing in the European Union, you have the right to cancel your subscription without giving any reason within 14 days from the day of the conclusion of the contract (the “Cooling-Off Period”).

However, by purchasing our Services, you acknowledge that you are requesting immediate access to digital content and therefore expressly waive your right of withdrawal once the Services have been fully provided. If you wish to exercise your right of withdrawal before the Services have been fully provided or before the end of the Cooling-Off Period, please contact us at [email protected].

For consumers in other jurisdictions, similar statutory rights may apply according to local consumer protection laws.

Anthiago, LLC