Terms of Service

CHOMP — Terms of Service

[Effective Date: February 19, 2026]

THESE TERMS INCLUDE A WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, AS WELL AS A MANDATORY ARBITRATION CLAUSE THAT GOVERNS RESOLUTION OF CERTAIN DISPUTES AND WAIVES YOUR RIGHT TO SUE IN COURT OR HAVE A TRIAL BY JURY. PLEASE READ SECTION 20 CAREFULLY.

1. Introduction

These Terms of Service (these "Terms" or this "Agreement") are a contract between you and Gator Labs, Inc. ("CHOMP," "we," "our," or "us") and govern your access to and use of the CHOMP mobile application, the website located at app.chomp.games, and all related features, content, and services (collectively, the "Services").

CHOMP is a social nowcasting and information-elicitation platform. Users respond to structured prompts within topical domains, contribute first-order responses and second-order beliefs about how peers will respond, and can earn rewards based on the quality and accuracy of their informational contributions. The platform resolves outcomes endogenously by aggregating participant responses through a disclosed, deterministic mechanism. CHOMP does not resolve outcomes based on external events, and the operator does not take a counterparty position or rake. The Services are designed for an intuitive, consumer-grade experience; however, certain back-end systems that power payments and rewards rely on third-party infrastructure described further in Section 16 (Technical Infrastructure).

By accessing or using any portion of the Services, or by clicking an "I Agree" button or check box presented with these Terms, you agree to comply with and be bound by these Terms and any materials incorporated herein. If you do not agree, you are not authorized to access or use the Services.

2. Amendments to this Agreement

CHOMP reserves the right to amend this Agreement and/or policies that govern the Services from time to time and in our sole discretion. Any changes will be effective immediately upon posting of the revisions, and you waive any right you may have to receive specific notices of such changes or modifications. By continuing to use the Services after any changes are posted, you agree to be bound by those changes. If you do not agree to the changes, you may stop using the Services.

3. The Services

3.1 Platform Overview

The Services provide a social nowcasting and information-elicitation platform that allows users to participate in structured prompts, challenges, and other activities ("Activities") within topical domains. Users supply a first-order response and a second-order belief about how peers will respond. Outcomes are resolved endogenously using a disclosed, deterministic aggregation mechanism (the "Surprisingly Popular" algorithm). The platform does not resolve outcomes based on the results of any external sporting events, elections, financial instruments, awards ceremonies, or other real-world occurrences. The operator is neutral, does not take a counterparty position, and does not collect a rake.

Users may earn points, rewards, or other value based on the quality and accuracy of their informational contributions as measured by the platform's deterministic scoring and redistribution rules.

3.2 Your Account

To use certain features of the Services you must create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right, in our sole discretion, to suspend or terminate any account at any time.

3.3 Credits, Rewards, and Balances

Through the Services you may accumulate platform credits, points, rewards, or balances ("Rewards"). Credits function as the unit of account for participation and rewards and have primary in-app utility for participation, access, and features. Credits accrue cumulatively at the account level rather than settling on a per-prompt basis. The terms governing how Rewards are earned, valued, and used will be set forth in the Services and may change from time to time at our discretion.

One hundred percent of pooled credits are redistributed to participants under pre-announced, deterministic rules that are subject to per-question and periodic caps. Redistribution tables are fixed in advance and award magnitude does not depend on the number or size of entries. Entry into an Activity does not purchase a chance at a variable pot tied to external events.

Users may receive free onboarding credits and may obtain additional credits via subscription or other means described in the Services. Credits have no guaranteed cash value unless expressly stated. CHOMP makes no representation or guarantee about the future value of any Rewards.

Where available, optional cash redemption of Rewards occurs at the account level on a delayed, capped basis outside the core mobile application through a non-custodial pathway that routes value directly to the user's wallet. Redemption availability may vary by jurisdiction.

3.4 Scoring and Outcome Determination

All Activities on the platform are resolved endogenously. Outcomes are determined solely by aggregating participant responses through the platform's disclosed, deterministic "Surprisingly Popular" algorithm. No external events, scores, results, or occurrences of any kind condition or influence outcome determination. There are no randomized house elements or discretionary interventions in outcome determination.

The platform's aggregation logic is deterministic and published at a level of detail sufficient to reproduce scoring and verify outcomes. Records generated by the mechanism are maintained so that results can be reconstructed after the fact. Topic-based reputation and calibration signals are tracked to weight informational contribution quality and discourage noise or strategic misreporting over time.

CHOMP does not frame per-question outcomes as wins or losses. Rewards reflect cumulative informational contribution quality at the account level.

3.5 Operator Neutrality

CHOMP operates as a neutral platform operator. CHOMP does not take a house position, is not a counterparty to any Activity, does not collect a rake, and does not profit from participant outcomes. Redistribution follows pre-announced, endogenous rules, and the operator's economics are neutral with respect to which participants earn Rewards.

3.6 Third-Party Services and Content

The Services may include links to sites, technology, applications, and resources provided by third parties (collectively, "Third-Party Services"). Your access to and use of Third-Party Services may be subject to additional terms, privacy policies, or agreements with such third parties. CHOMP has no control over and is not responsible for the accuracy, availability, reliability, or completeness of Third-Party Services.

You, and not CHOMP, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. The integration or inclusion of any Third-Party Service does not imply endorsement or recommendation. CHOMP will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.

4. Eligibility

If you are an individual, you represent and warrant that you are at least 18 years old, capable of forming a binding contract with CHOMP in your respective jurisdiction, and not a Restricted Party (as defined below). If you are accessing or using the Services on behalf of a legal entity, you represent and warrant that you are authorized to agree to these Terms for that entity and have the power to bind it.

4.1 Restricted Parties

In connection with the Services, you represent and warrant that:

You will comply with all applicable laws including but not limited to export restrictions, antiterrorism laws, anti-money laundering laws, and economic sanctions. You are not permitted to use the Services if doing so would violate applicable economic or financial sanctions or trade embargoes imposed by the U.S. Department of the Treasury's Office of Foreign Assets Control, the U.S. Department of Commerce, the U.S. Department of State, the United Nations Security Council, the European Union, the United Kingdom, or any other applicable governmental authority (collectively, "Sanctions Laws");

Neither you nor any person or entity controlling you are subject to Sanctions Laws, or performing any activities on behalf of someone who is subject to Sanctions Laws; and

You, nor anyone controlling or acting on your behalf, are located or headquartered in a comprehensively sanctioned jurisdiction, which currently includes but is not limited to Cuba, Iran, North Korea, Syria, and certain sanctioned areas of Russia and Ukraine (including the regions of Crimea, Donetsk, and Luhansk); or where use of the Services would be illegal or otherwise violate any applicable laws.

(each a "Restricted Party").

4.2 Verification and Screening

You may be required to provide certain information and documentation for identity verification and compliance purposes. You represent and warrant that any information you provide is complete and accurate. We may employ various verification and screening procedures and you authorize us, directly or through a third party, to make inquiries necessary to verify your identity. We shall have no liability for any inability to access the Services as a result of such procedures.

5. User Responsibilities and Release

5.1 Security

You are solely responsible for the security of your account credentials and any associated authentication methods. Never share your passwords, access codes, or recovery phrases with anyone. We accept no responsibility for loss arising from your failure to secure your account. We reserve the right, in our sole discretion, to restrict any account from accessing the Services.

5.2 Third-Party Access

If you grant permission to a Third-Party Service to access or connect to your account, you acknowledge that doing so does not relieve you of any of your responsibilities under these Terms. You will be fully responsible for all acts or omissions of any such third party and will indemnify CHOMP from any liability arising out of or related to such access.

5.3 Waiver of Claims

To the maximum extent permitted by applicable law, you waive any and all claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, against CHOMP, its affiliates, and each of their respective officers, employees, agents, and successors arising out of or in any way related to the risks set forth herein. You waive application of Section 1542 of the Civil Code of the State of California, or any similar statute or law of any other jurisdiction. Section 1542 reads as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

6. Prohibited Uses

You may not use the Services to engage in the following categories of activity (each a "Prohibited Use"). The types listed below are representative, but not exhaustive.

Unlawful Activity. Activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, or which would involve proceeds of any unlawful activity.

Abuse of Others. Interfering with another individual's use of the Services; exploiting, harming, or attempting to harm minors; defaming, abusing, harassing, stalking, or threatening others; transmitting unsolicited advertising; impersonating CHOMP, employees, or other users; inciting hate or violence.

Fraud. Activity which operates to deceive or defraud CHOMP, any users, or any other person, including providing false or misleading information with the intent to unlawfully obtain the property of another.

Illegal Gambling. Using the Services for any form of illegal gambling, lotteries, or other activities that violate applicable gaming or wagering laws in your jurisdiction.

Exogenous Outcome Manipulation. Submitting prompts or content that anchor outcomes on external events, scores, results, award announcements, elections, financial instruments, or other real-world occurrences, whether in whole or in part.

Abusive Activity. Causing the Services to work other than as intended; damaging the reputation of CHOMP; using the Services in a manner that could disable, overburden, or impair the Services; using any robot, spider, or automated device to access the Services; attempting to gain unauthorized access to any part of the Services.

Intellectual Property Infringement. Violating the legal rights of others; using CHOMP's intellectual property, name, or logo without express consent; any action that implies an untrue endorsement by or affiliation with CHOMP.

6.1 Platform Integrity

Users may not engage in any activities that manipulate, exploit, or interfere with the integrity, performance, or fairness of the platform, including but not limited to:

Automated Attacks and Bots – Using scripts, bots, or automated systems to generate fraudulent engagement, artificially inflate metrics, or gain unfair advantages.

Sybil Attacks – Creating or using multiple fake accounts or identities to manipulate rankings, payouts, rewards, or system mechanics.

Data Manipulation and Exploits – Unauthorized scraping, injecting falsified data, or exploiting system vulnerabilities to alter outcomes, payouts, or platform functionality.

Fraudulent Interactions – Coordinating with others to manipulate results, artificially affect rewards, or disrupt fair play.

Denial-of-Service and Disruptive Behavior – Attempting to overload, disrupt, or impair CHOMP's infrastructure or services.

Security Probing – Probing, scanning, or testing for vulnerabilities, including breaching CAPTCHAs or security measures; modifying data and/or API calls; man-in-the-middle attacks and phishing.

Strategic Misreporting – Deliberately providing dishonest or misleading responses with the intent to manipulate the platform's aggregation mechanism, scoring, or redistribution outcomes.

Violation of this policy may result in immediate suspension, banning, or forfeiture of Rewards, as well as legal action if applicable.

You agree and represent that you will not engage in any Prohibited Use. You represent and warrant that you: (a) will abide by all applicable laws; (b) will comply with all applicable practices regarding internet use; (c) will comply with all rules and procedures related to the Services; (d) will use the Services in compliance with applicable law and regulation; (e) have obtained sufficient information about the Services to make informed decisions; (f) shall bear full responsibility for all activities that occur in connection with your use of the Services; and (g) are the rightful owner or authorized user of any account or funds you use in connection with the Services.

7. Changes, Suspension, and Termination

CHOMP may, at its discretion and without liability to you, with or without prior notice and at any time, modify, discontinue, temporarily or permanently, all or any portion of the Services. You acknowledge that our decisions regarding access, suspension, or termination may be based on confidential criteria essential to our risk management and security protocols. We are under no obligation to disclose these procedures. CHOMP will not be liable for any losses resulting from any modification, suspension, or termination of the Services.

We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using the Services. You waive and hold harmless CHOMP and its affiliates from any claims resulting from any action taken during or as a consequence of such investigations.

8. Intellectual Property Rights

8.1 CHOMP Materials

The Services and their entire contents, features, and functionality—including all information, software, text, displays, images, video, and audio, the design, selection, and arrangement thereof, and the "look and feel" of the Services—except any open-source software, are owned by CHOMP ("CHOMP Materials"), its licensors, or other providers of such material and are protected by applicable intellectual property laws.

8.2 Limitations on Use

You may use CHOMP Materials solely as authorized by us for as long as we permit you to access the Services. You agree not to: (a) resell, lease, lend, share, distribute, or otherwise permit any third party to use the Services or CHOMP Materials; (b) modify or create derivative works; (c) frame, display, or incorporate the Services in any other website or work; (d) decompile, disassemble, or reverse engineer the Services; (e) use the Services to create any competing product; or (f) otherwise use the Services for any purpose other than their intended purposes.

8.3 Rights We Grant You

We grant you a non-sublicensable, non-transferable, and non-exclusive right and license to use the Services as permitted by these Terms.

8.4 Reservation of Rights

If your use of the Services breaches these Terms, your right to access them stops immediately and you must return or destroy any copies of materials obtained from the Services. No right, title, or interest is transferred to you, and all rights not expressly granted are reserved by CHOMP. You may freely use any open-source materials in accordance with their open-source licenses.

8.5 Trademarks

CHOMP's name, the term "Gator Labs," and all related names, logos, product and service names, designs, and slogans are trademarks of CHOMP, its affiliates, or licensors. You agree not to use such marks without CHOMP's prior express written permission.

9. Services Content

We do not warrant the accuracy, completeness, or usefulness of any materials or information presented on or through the Services. Such information is made available solely for general information and education purposes and should not be construed as an offer, recommendation, or advice. We disclaim all liability arising from any reliance placed on such information by you or any other person.

10. Interactions with Other Users

You are responsible for your interactions with other users. While we reserve the right to monitor interactions, we are not obligated to do so and cannot be held liable for any user's actions or inactions. If you have a dispute with one or more users, you agree to release CHOMP (and our affiliates, subsidiaries, and their respective officers, directors, employees, and agents) from all claims, demands, and damages arising out of such disputes. In entering this release, you expressly waive any protections that would otherwise limit the coverage of this release.

11. Promotions

CHOMP may make available special offers or conduct promotions for qualifying users. Subject to applicable laws, CHOMP may establish qualifying criteria at its sole discretion. CHOMP may revoke any special offer at any time without advance notice. CHOMP is under no obligation to make special offers available to all users and makes no recommendation regarding the value or utility of any Rewards associated with a promotion.

12. Feedback

Any questions, suggestions, feedback, or other information regarding the Services that you provide to CHOMP (collectively, "Feedback") are non-confidential. CHOMP will be entitled to the unrestricted use and dissemination of Feedback for any purpose without acknowledgment, attribution, or compensation to you. You hereby assign to CHOMP all right, title, and interest to Feedback together with all associated intellectual property rights.

13. Relationship of the Parties

CHOMP is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you. CHOMP does not provide investment, tax, or legal advice, and you are solely responsible for any decisions you make when using the Services. No communication from CHOMP is intended as or shall be construed as advice.

To the fullest extent permissible by law, you agree that your use of the Services does not cause CHOMP to owe fiduciary duties or liabilities to you or any third party. Such duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated, and CHOMP shall be held completely harmless in relation thereof.

14. Charges and Fees

We may, in our sole discretion and at any time, set or modify fees for the Services, including subscription fees for credit access. If we set or modify fees, the fee schedule will be made available within the Services. Except when required by law, fees are non-refundable. Certain transactions within the Services may also incur processing fees from third-party service providers; you are solely responsible for such fees. See Section 16 for additional details.

15. General User Acknowledgements and Covenants

15.1 Acknowledgement and Assumption of Risks

You represent and warrant that you have carefully read, understand, accept, and agree to be bound by these Terms and assume all risks involved in using the Services, including but not limited to those described in Section 17 (Risk Disclosures). You agree that CHOMP shall not be liable to you for any loss, damage, expense, or liability that may relate to your use of the Services. You represent that you are able to bear any financial or other loss associated with your use of the Services.

15.2 Nature of the Platform

You acknowledge and agree that CHOMP is a social nowcasting and information-elicitation platform that resolves outcomes endogenously through participant responses. The platform does not offer wagering on external events. Entry into an Activity does not constitute a bet, wager, or purchase of a chance at a variable pot tied to external events. Redistribution of credits follows pre-announced, deterministic, endogenous rules, and the operator's economics are neutral.

15.3 Non-Reliance

You represent that you are not relying on any communication from CHOMP as advice or as a recommendation to engage in any transaction or Activity. CHOMP has not given any guarantee as to the potential success, return, or benefit of using the Services. We do not provide investment advice.

You are solely responsible for seeking professional advice regarding your particular circumstances prior to using the Services. You represent that you fully understand all risks associated with the Services and agree to carefully evaluate your situation before making any decisions.

16. Technical Infrastructure

This section describes certain technical systems that power the Services. You do not need specialized technical knowledge to use CHOMP, but you should understand the following:

16.1 Payment and Rewards Infrastructure

Certain features of the Services, including the processing of payments, distribution of Rewards, and management of user balances, are powered by third-party infrastructure that may include blockchain-based networks, digital wallets, and stablecoin-denominated transactions. CHOMP manages this infrastructure on your behalf to provide a seamless user experience. You acknowledge that:

Certain transactions may be recorded on public distributed ledger networks and may be irreversible once confirmed;

Transaction processing speeds and any associated network fees are determined by the underlying infrastructure providers and are outside of CHOMP's direct control;

Data recorded on distributed ledger networks may be publicly visible and cannot be deleted or modified after confirmation; and

The value of balances denominated in stablecoins or other digital units is subject to the stability and availability of the applicable asset, which CHOMP does not control or guarantee.

16.2 Digital Wallets

To participate in certain Activities and to hold or receive Rewards, you may be required to create or connect a digital wallet ("Wallet"), either through a CHOMP-provided interface or a supported third-party provider. CHOMP utilizes an embedded non-custodial wallet architecture. CHOMP does not receive, hold, or have signatory authority or unilateral control over user funds. If you use a third-party Wallet, your relationship with that provider is governed by their separate terms and conditions. CHOMP cannot retrieve contents, transfer funds, or reverse erroneous transactions on your behalf.

You are solely responsible for the security of your Wallet credentials, including passwords, private keys, and recovery phrases. Never share these with anyone.

16.3 Redemption and Fund Flows

Where optional cash redemption is available, redemption is executed at the account level on a delayed, capped basis outside the core mobile application. Redemption flows directly from the licensed third-party provider to the user's wallet. CHOMP does not receive, hold, or control user funds at any point in the redemption process. Compliance obligations including KYC, sanctions screening, and tax reporting are contractually allocated to the licensed provider.

16.4 Smart Contracts and Automated Processing

Certain aspects of the Services may utilize smart contracts, which are self-executing code deployed on distributed ledger networks, to process transactions, distribute Rewards, and enforce platform rules. Smart contract transactions execute automatically and settle according to their programmed logic. Such transactions are generally irreversible once confirmed. CHOMP does not control the operation of underlying networks.

16.5 Network Transaction Fees

Certain transactions within the Services may be processed through third-party networks that require the payment of network transaction fees. These fees are determined by the applicable network, are neither levied by CHOMP nor shared with CHOMP, and are outside of CHOMP's control. You are solely responsible for any such fees.

16.6 Third-Party Infrastructure Providers

We rely on third-party service providers for certain operational functions, including cloud computing, data processing, payment infrastructure, and network services. Any interruption in these third-party services may impair our ability to provide the Services. These providers may be subject to their own legal, regulatory, technical, and operational risks. We do not manage the operations of these providers and are not responsible for their acts or omissions.

17. Risk Disclosures

You understand, accept, and agree to assume all risks involved in using the Services, including:

Platform Risks. The Services are built on evolving technology and may undergo significant changes. The Services may not meet your expectations due to changes in design, implementation, features, or functionality.

Transaction Risks. Certain transactions are processed using third-party infrastructure and may be irreversible once confirmed. Transaction costs and speeds may vary. You are responsible for verifying the accuracy of any transaction before confirming it.

Value Fluctuation. Any Rewards, balances, or digital value associated with the Services may fluctuate or lose all value due to market conditions, regulatory changes, technical issues, or other factors outside of our control.

Regulatory Risks. The Services are subject to an evolving regulatory landscape. Changes to laws and regulations could adversely impact the Services or your use of them.

Security Risks. The Services may be targeted by malicious actors through malware, hacking, phishing, social engineering, or other attack vectors. No technology is completely secure.

Internet and Infrastructure Risks. Parts or all of the internet may be unreliable or unavailable at any time, which may result in Activities or transactions not being executed as intended.

Third-Party Risks. Interruptions in services provided by third-party infrastructure providers may impair the Services.

Fraud and Scams. You and/or your assets may be subject to scams and other fraud perpetrated by third parties outside of our control. It is your responsibility to protect against such fraud.

Endogenous Outcome Risks. While the platform resolves outcomes endogenously through participant responses rather than external events, the unpredictability of peer responses introduces inherent uncertainty. Past performance in Activities does not guarantee future results.

18. Taxes

It is your sole responsibility to determine whether and to what extent any taxes apply to activity you conduct through the Services, and to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities. No communication from CHOMP is intended as or shall be construed as legal or tax advice.

19. Warranty Disclaimer

You are responsible for your use of the Services, the Activities in which you participate, and your access to information derived therefrom. You are solely responsible for complying with all applicable laws. We cannot and do not guarantee that the Services will be free of viruses or other destructive code.

TO THE FULLEST EXTENT PROVIDED BY LAW, CHOMP WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, MAN-IN-THE-MIDDLE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY THIRD-PARTY WEBSITE LINKED TO IT.

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ANY PRODUCT, SERVICE, OR OTHER ITEM PROVIDED BY OR ON BEHALF OF CHOMP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, CHOMP EXPLICITLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. CHOMP MAKES NO WARRANTY REGARDING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES.

CHOMP DOES NOT REPRESENT OR WARRANT THAT: (A) ACCESS TO THE SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, ERROR-FREE, SECURE, OR FREE FROM DEFECTS; (B) INFORMATION ON THE SERVICES IS ACCURATE, RELIABLE, COMPLETE, OR CURRENT; (C) THE SERVICES WILL BE FREE FROM DEFECTS, MALICIOUS SOFTWARE, OR ERRORS; OR (D) THE SERVICES WILL MEET YOUR EXPECTATIONS. NO STATEMENT BY CHOMP SHALL BE TREATED AS A WARRANTY. WE DO NOT ENDORSE, GUARANTEE, OR ASSUME LIABILITY FOR ANY THIRD-PARTY CONTENT, ADVERTISEMENTS, OFFERS, OR ACTIONS. THE FOREGOING DOES NOT AFFECT WARRANTIES THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

20. Dispute Resolution, Waiver of Class Action, and Mandatory Arbitration

Please read this section carefully because it waives your right to participate in any class action or representative proceeding. Unless you opt out as described below, this section requires you to arbitrate certain disputes and limits the ways you can seek relief.

20.1 Waiver of Class Actions and Right to Jury Trial

TO THE EXTENT PERMISSIBLE BY LAW, ANY CLAIMS, CONTROVERSY, OR DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES ("DISPUTE") MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING ("CLASS ACTION WAIVER"). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

20.2 Informal Resolution

Before filing a claim against CHOMP, you agree to try to resolve the Dispute by first emailing [e-mail] with a description of your claim. If we cannot resolve the Dispute within sixty (60) days of our receipt of your email, you or CHOMP may submit the Dispute to binding arbitration.

20.3 Arbitration Agreement

With limited exceptions described in Sections 20.7 and 20.8, all Disputes must be resolved by final and binding arbitration. BY AGREEING TO ARBITRATION, YOU AND CHOMP WAIVE THE RIGHT TO COURT PROCEEDINGS INCLUDING TRIAL BY JURY AND CLASS ACTION. This Section is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.

20.4 Conducting Arbitration

Arbitration shall be conducted by the International Chamber of Commerce ("ICC") under its Commercial Arbitration Rules then in effect. These Terms govern any conflict between the ICC Rules and these Terms. Any in-person arbitration shall be in English and held remotely to the maximum extent, and administered in New York, New York, or another mutually agreeable location.

20.5 Confidentiality

CHOMP, the arbitrator, and you will each maintain the confidentiality of any arbitration proceedings, judgments, and awards.

20.6 Time for Filing

Any arbitration must be commenced within six (6) months after the date the asserting party first knows or should know of the claim. If applicable law prohibits this limitation, the shortest permissible period applies. Claims not filed within such period are permanently barred.

20.7 Opt-Out

You may decline this arbitration agreement by emailing [EMAIL] within thirty (30) days of first agreeing to this Agreement. Your email must include your full name, residential address, and a clear statement that you want to opt out. If you opt out, Sections 20.5 and 20.6 do not apply.

20.8 Excepted Claims

Notwithstanding this Section, you and CHOMP may bring an individual small claims action or seek a temporary restraining order or injunction for breach of confidentiality or infringement of intellectual property in any court of competent jurisdiction, provided the action is individual and not class-based.

20.9 Severability

If any portion of this Section 20 is found unenforceable, it shall be severed without impacting the remainder. Claims that must proceed on a class basis shall be litigated in civil court and stayed pending individual arbitration outcomes.

20.10 Modification

If CHOMP makes any future material change to this Section 20, CHOMP will notify you. Your continued use of the Services constitutes acceptance of such changes.

21. Indemnification

You agree to defend, indemnify, and hold harmless CHOMP, its affiliates, licensors, service providers, and their respective officers, directors, employees, contractors, agents, successors, and assigns from any claims, liabilities, damages, judgments, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Services; (c) use of the Services other than as authorized by these Terms; (d) your reliance on any information from the Services; or (e) any other party's access to the Services using any device or account you own or control.

22. Limitation of Liability; Disclaimer of Damages

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL CHOMP, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THIS DISCLAIMER EXTENDS TO DAMAGES CAUSED BY ANY THIRD PARTY OR ANY FAILURE, EXPLOIT, OR VULNERABILITY OF THE SERVICES.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COLLECTIVE LIABILITY OF CHOMP AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID DIRECTLY TO CHOMP FOR THE APPLICABLE SERVICES IN THE LAST SIX MONTHS. THE FOREGOING DOES NOT AFFECT LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

23. Governing Law

This Agreement shall be governed by the laws of the state of Delaware, without regard to conflict of law principles. CHOMP may initiate proceedings relating to intellectual property rights in any court of competent jurisdiction. Gator Labs, Inc. is registered at 16192 Coastal Highway, Lewes, Delaware 19958, United States. For proceedings not subject to arbitration, the federal and state courts in Delaware have exclusive jurisdiction. You waive any objection to venue in such courts.

24. Miscellaneous Terms

24.1 Assignment

These Terms are particular to you and any attempt to assign, novate, or transfer your rights or obligations is null and void without CHOMP's prior written consent. CHOMP may assign its rights without restriction.

24.2 Term; Survival

This Agreement remains in effect until terminated by CHOMP. We reserve the right to change, suspend, discontinue, or terminate the Services at any time without notice. All sections that by their nature should survive termination shall survive.

24.3 Nonwaiver of Rights

CHOMP's failure or delay in exercising any right under these Terms shall not operate as a waiver thereof.

24.4 Severability

If any provision of this Agreement is determined to be invalid or unenforceable, it shall be interpreted to accomplish its objectives to the greatest extent possible, and the remaining provisions shall remain in full force and effect.

24.5 Force Majeure

CHOMP shall not be liable for delays, failure in performance, or interruption of Services resulting from causes beyond our reasonable control, including but not limited to: (a) acts of God; (b) acts of war or terrorism; (c) civil disorder; (d) embargoes or sanctions; (e) labor disputes; (f) failure of telecommunications or internet infrastructure; (g) data breaches or processing failures; and/or (h) changes in laws or regulations (collectively, "Force Majeure Events").

24.6 Notice

Notices under these Terms will be posted online, in the Services, or through electronic communication. You agree to receive all communications electronically.

24.7 Privacy

To understand how CHOMP collects, uses, and shares information about you, please review our Privacy Policy.

24.8 Third-Party Beneficiaries

Nothing in this Agreement is intended to confer rights on any person other than the parties and their successors and permitted assigns.

24.9 Entire Agreement

These Terms and any documents incorporated by reference constitute the entire agreement between you and CHOMP regarding the Services and supersede all prior agreements and understandings.

24.10 Translation

These Terms are in English. If translated, the English text prevails.