Terms of Service
Last Updated: September 21, 2026
Please read these Terms of Service (the “Terms”) and our Privacy Notice (https://2.computer/privacy) (“Privacy Notice”) carefully because they govern your use of the website located at https://2.computer (the “Site”) and the downloadable software application for macOS designed to support productivity by building context from activity on your device (the “Software” or “Second App”) made available via the Site and offered by First Person Labs PBC (“FPL”). To make these Terms easier to read, the Site and the Software are collectively called the “Services.”
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND FPL THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 17 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.
1. Agreement to Terms.
By using our Services, or otherwise downloading, installing or using the Software, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services or download, install or use the Software. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “you” and “your” will refer to that entity.
2. Privacy Notice.
Please review our Privacy Notice, which also governs your use of the Services, for information on how we collect, use and share your information.
3. Changes to these Terms or the Services.
We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
4. Who May Use the Services?
(a) Eligibility. You may use the Services only if you are 18 years or older and capable of forming a binding contract with FPL and not otherwise barred from using the Services under applicable law.
(b) Accounts. To download the Software and use certain features of the Services, you will need to create an account. When you create an account, you agree to provide accurate, complete and current information and to keep it up to date. If you do not, we may have to suspend or terminate your account. To protect your account, you agree to keep your account credentials and password confidential and to notify FPL promptly of any unauthorized use of, or access to, your account. You are responsible for all activities that occur under your account, whether or not you authorized them.
5. Software.
(a) Right to Use. Subject to your compliance with the terms and conditions of these Terms, FPL grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, royalty-free license for a single user to download, install, run and use the Software in object code (machine-readable) form on a single device, solely for your personal or internal business purposes. No license is granted to any source code of the Software. You may make a single copy of the Software in object code form for backup purposes, provided that you reproduce on it all copyright and other proprietary notices that are on the original copy of the Software. We reserve all rights in the Software not expressly granted to you under these Terms. You acknowledge and agree that use the Software requires your device to meet minimum system and technical requirements as set forth in the applicable documentation or otherwise communicated by FPL from time to time.
(b) Restrictions. Except as expressly specified in these Terms, you may not: (i) copy (except in the course of loading or installing) or modify the Software, including but not limited to adding new features or otherwise making adaptations that alter the functioning of the Software; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Software to any third party; (iii) make the functionality of the Software available to multiple users through any means, including but not limited to by uploading the Software to a network or file-sharing service or through any hosting, application services provider, service bureau, software-as-a-service (SaaS) or any other type of services; (iv) disassemble, decompile, decrypt, extract, reverse engineer, or otherwise attempt to derive, reconstruct, or discover the source code, underlying ideas, algorithms, file formats, or non-public APIs of the Software, in whole or in part, or permit or authorize a third party to do so, except to the extent that such activities are expressly permitted by applicable law notwithstanding this prohibition; (v) create, develop, license, install, use, or deploy any software or services to circumvent, enable, modify, or provide access, permissions, or rights which violate the technical restrictions of the Software; (vi) violate any U.S. export laws or regulations; (vii) use the Software for the purposes of monitoring the availability, performance, or functionality of the Software for any other benchmarking or competitive purpose; (viii) use the Software for any unlawful purpose; (ix) request, receive, or accept delivery of any source code of the Software from any source; or (x) use the Software for any purpose not expressly authorized hereunder, nor in any manner that is inconsistent with these Terms. You acknowledge and agree that portions of the Software constitute or contain trade secrets of FPL and its licensors.
(c) Third-Party AI Models. Certain features and functionalities of the Software are powered by third-party artificial intelligence models (each, a “Model”). Use of these features and functionalities is optional. You may also be permitted to “bring-your-own-key” and connect the Software to a supported Model using your own account, credentials or API key with the Model provider (such arrangement, “BYOK”). If you do, you are solely responsible for obtaining and maintaining that account, credential or API key, for all fees and usage charges the applicable Model provider imposes, and for complying with that Model provider’s terms, and FPL is not a party to, and is not responsible for, your arrangements with any Model provider. FPL may add, change, replace or discontinue the Models used by, or compatible with, the Software at any time and in its sole discretion.
(d) Third-Party Services. The Software enables you to interface, interact or connect with, access and/or use compatible third-party services and products (collectively, “Third-Party Services”), including to import your User Content into the Software or otherwise enable the Software to access your User Content. You acknowledge and agree that: (i) the use of Third-Party Services is subject to the terms and conditions agreed between you and each such Third-Party Service provider; (ii) you may be required to authorize the Software to access to your Third -Party Service account; and (iii) User Content may be transferred from your account with the Third Party Service provider to the Software as required and authorized by you for the interoperation with the Software. FPL does not provide any aspect of the Third-Party Services and is not responsible for any compatibility issues, errors or bugs in the Software or Third-Party Services caused in whole or in part by the Third-Party Services or any update or upgrade thereto. You are solely responsible for maintaining the Third-Party Services and obtaining any associated licenses and consents necessary for you to use the Third-Party Services in connection with the Software. You are solely responsible for determining whether granting the Software access to any Third-Party Service, and to the User Content available through it, is appropriate for your intended use case.
6. Feedback.
We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you. For clarity, Feedback is not deemed to be User Content.
7. One-Time Payments and Subscriptions; Usage-Based Fees.
FPL requires payment of a fee for use of the Services (or certain portions thereof) and you agree to pay such fees. You may have the option of making a one-time payment (“One-Time Payment”) or purchasing a subscription (“Subscription”) for such use. In addition, certain features or functionalities of the Services (including Software features that rely on a Model) may be offered on a usage or consumption basis, and you agree to pay all fees based on your actual usage or consumption of the Services (“Usage-Based Fees”) at the rates then in effect and posted or otherwise communicated to you. If you BYOK, the fees payable to FPL under these Terms are separate from, and in addition to, any fees, charges or subscription costs you may owe to any Model provider, all of which are your sole responsibility.
(a) General. Whether you make a One-Time Payment, purchase a Subscription or pay for Usage-Based Fees (each, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.
(b) Subscriptions. If you purchase a Subscription, you will be charged the monthly Subscription fee, plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your Subscription and each year thereafter, at the then-current Subscription Fee. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE FPL TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you each year on the anniversary of the commencement of your Subscription, using the Payment Information you have provided until you cancel your Subscription. [No less than thirty (30) days and no more than forty (40) days before your Subscription term ends, or otherwise in accordance with applicable law, FPL will send you a reminder with the then-current Subscription Fee.] By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or FPL. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms.
(c) Cancelling One-Time Payment or Subscription. YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR ONE-TIME PAYMENT OR SUBSCRIPTION FEE AT ANY TIME. But if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction. Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. EXCEPT AS SET FORTH ABOVE WITH RESPECT TO YOUR INITIAL SUBSCRIPTION PURCHASE, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. To cancel, you can send an email to support@2.computer. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the end of your then current Subscription period and will then terminate without further charges.
8. User Content; Output.
(a) User Content. Any content, information, data or materials that you create, open, load, store or otherwise make available to the Software on your device, or that you submit or transmit through the Software, is referred to as “User Content”, whether or not that User Content is transmitted to, received by or stored by FPL or a third-party Model provider. User Content may include text, files, documents, graphics, images (including screenshots and screen captures), music, software, audio, video and activity or event data related to your device. FPL does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.
(b) Permissions to Your User Content. Depending on the Software features and functionalities you enable (for example, if you use features powered by Models), FPL (and the applicable third-party Model provider) may have access to your User Content. You hereby grant to FPL a limited, non-exclusive, transferable (in accordance with Section 18(b)), worldwide, royalty-free license, with the right to sublicense, including to the applicable third-party Model provider, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content only as necessary to operate, maintain, secure and provide the Software to you, to comply with applicable law, and to create Usage Data (as defined below). FPL will not use User Content to develop or improve the Services (or permit its third-party Model providers to use User Content to develop or improve their services), unless you explicitly agree to such use. The preceding sentence does not apply to any Model you connect under a BYOK arrangement, and you are solely responsible for reviewing the applicable third-party Model provider’s terms to determine what rights it has to retain, use or train on your User Content.
(c) Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through your use of the Software, nor any use of your User Content by FPL as permitted by these Terms will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
(d) Output. The Software may generate output such as summaries, reports, notes or other results based on your User Content (the “Output”). As between FPL and you, to the extent permitted by applicable law and subject to Section 9, you own all right, title and interest in and to all Output generated in response to your User Content. If any right, title or interest in or to such Output vests in FPL, then FPL hereby assigns such right, title or interest to you. For clarity, Output does not include any FPL IP (as defined below) and no rights in the FPL IP are granted to you under this Section.
9. FPL’s Intellectual Property.
(a) FPL IP. FPL reserves and retains, and as between FPL and you, FPL will solely own all right, title and interest in and to the Services, including all intellectual property rights therein (“FPL IP”). No rights are granted to you under these Terms (whether by implication, estoppel, exhaustion or otherwise) other than as expressly set forth herein. We may make available through the Services content that is subject to intellectual property rights. We retain all rights to that content.
(b) Usage Data. FPL may collect, compile, generate and aggregate usage, feature-utilization, performance, diagnostic, log, device, configuration, and other operational (including telemetry) data (including trends and patterns connected therewith), in deidentified form, derived from, arising out of or generated through your use of the Software (all such data, collectively, “Usage Data”). FPL will solely own all right, title and interest in and to such Usage Data, including all intellectual property rights therein, and may use and exploit all such Usage Data without restrictions.
10. General Prohibitions and FPL’s Enforcement Rights.
You agree not to do any of the following:
(a) Upload, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
(b) Use, display, mirror or frame the Services or any individual element within the Services, FPL’s name, any FPL trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without FPL’s express written consent;
(c) Access, tamper with, or use non-public areas of the Services, FPL’s computer systems, or the technical delivery systems of FPL’s providers;
(d) Attempt to probe, scan or test the vulnerability of any FPL system or network or breach any security or authentication measures;
(e) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by FPL or any of FPL’s providers or any other third party (including another user) to protect the Services;
(f) Attempt to access or search the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by FPL or other generally available third-party web browsers;
(g) Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
(h) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
(i) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
(j) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
(k) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
(l) Impersonate or misrepresent your affiliation with any person or entity;
(m) Violate any applicable law or regulation; or
(n) Encourage or enable any other individual to do any of the foregoing.
FPL is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content (if applicable), at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
11. DMCA/Copyright Policy.
FPL respects copyright law and expects its users to do the same. It is FPL’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see FPL’s Copyright and IP Policy at https://2.computer/copyright, for further information.
12. Termination.
We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at support@2.computer, and destroying all copies of the Software in your possession or control. Upon any termination, discontinuation or cancellation of the Services or your account, you must promptly destroy all copies of the Software in your possession or control, and the following Sections will survive: 7(a), 7(b), 7(c) (only for payments due and owing to FPL prior to the termination), 8(b), 8(c), 8(d), 9, 11, 13, 14, 15, 16, 17 and 18.
13. Warranty Disclaimers.
(a) General. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services..
(b) Output. DUE TO THE NATURE OF MACHINE LEARNING, OUTPUT MAY NOT BE UNIQUE AND THE SERVICES MAY GENERATE THE SAME OR SIMILAR OUTPUT FOR THIRD PARTIES. YOUR OWNERSHIP OF THE OUTPUT AS SET FORTH IN SECTION 8(D) DOES NOT EXTEND TO OUTPUT GENERATED FOR OTHER USERS OF THE SERVICES. GIVEN THE PROBABILISTIC NATURE OF MACHINE LEARNING, THE SERVICES MAY IN SOME SITUATIONS PRODUCE OUTPUT THAT IS INACCURATE, INCORRECT, OFFENSIVE OR OTHERWISE UNDESIRABLE, INCLUDING OUTPUT THAT MAY CONTAIN HALLUCINATED CONTENT. THE ACCURACY, QUALITY AND COMPLIANCE WITH APPLICABLE LAW OF THE OUTPUT MAY BE DEPENDENT UPON AND COMMENSURATE WITH THAT OF THE USER CONTENT PROVIDED AND YOUR COMPLIANCE WITH THESE TERMS. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND VERIFYING ALL OUTPUT BEFORE USE AND EVALUATING THE CONTENT, NATURE AND ACCURACY OF ANY OUTPUT AS APPROPRIATE FOR THE APPLICABLE USE CASE, INCLUDING BY USING HUMAN REVIEW OF THE OUTPUT. NOTWITHSTANDING ANYTHING ELSE SET OUT HEREIN, FPL WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OR DAMAGES RELATING TO OR ARISING FROM USER CONTENT OR THE USE OF OUTPUT.
14. Indemnity.
You will indemnify and hold FPL and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, (c) your use of the Output, or (d) your violation of these Terms.
15. Limitation of Liability.
(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER FPL NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FPL OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b) TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL FPL’S TOTAL CUMULATIVE LIABILITY TO YOU ARISING FROM ALL CLAIMS UNDER OR RELATED TO THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED: (I) THE AMOUNTS ACTUALLY PAID BY YOU OR PAYABLE BY YOU TO FPL FOR USE OF THE SERVICES IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO THE APPLICABLE CLAIM MADE UNDER OR RELATED TO THESE TERMS, OR (II) IF NO AMOUNTS HAVE BEEN PAID BY YOU TO FPL FOR USE OF THE SERVICES, ONE HUNDRED DOLLARS $100.00.
(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FPL AND YOU.
16. Governing Law and Forum Choice.
These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 17 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and FPL are not required to arbitrate will be the state and federal courts located in the Santa Clara County, California, and you and FPL each waive any objection to jurisdiction and venue in such courts.
17. Dispute Resolution.
(a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and FPL agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and FPL are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
(b) Exceptions. As limited exceptions to Section 17(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
(c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
(d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
(e) Injunctive and Declaratory Relief. Except as provided in Section 17(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
(f) Class Action Waiver. YOU AND FPL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
(g) Severability. With the exception of any of the provisions in Section 17(f) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
18. General Terms.
(a) Reservation of Rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
(b) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between FPL and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between FPL and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without FPL’s prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. FPL may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
(c) Notices. Any notices or other communications provided by FPL under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
(d) Waiver of Rights. FPL’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of FPL. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
19. Contact Information.
If you have any questions about these Terms or the Services, please contact FPL at support@2.computer.