Terms of Service

Effective Date: 2025-08-27  |  Last Updated: 2025-08-27

1) Acceptance of Terms

By creating an account, accessing, or using any part of the Services, you expressly acknowledge and agree that you have read, understood, and consent to be legally bound by these Terms of Service, as well as our Privacy Policy (available at /legal/privacy), which is incorporated herein by reference. These Terms constitute a binding legal agreement between you and Mellows Limited.

If you are using the Services on behalf of an organization, company, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and in such case, "you" and "your" shall refer to that entity. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not use the Services.

Your use of the Services is also subject to any additional terms, policies, or guidelines that we may post on the Services from time to time, including but not limited to community guidelines, feature-specific terms, or promotional terms. All such additional terms are incorporated into these Terms by reference. In the event of a conflict between these Terms and any additional terms, these Terms shall prevail unless the additional terms expressly state otherwise.

2) Eligibility

You must be at least 13 years of age (or the minimum age of digital consent in your jurisdiction, whichever is greater) to use the Services. If you are under 18 years of age (or the age of majority in your jurisdiction), you must have your parent or legal guardian's permission to use the Services, and your parent or guardian must agree to these Terms on your behalf.

By using the Services, you represent and warrant that: (a) you meet the minimum age requirements stated above; (b) you have not been previously suspended or removed from the Services; (c) your registration and your use of the Services complies with all applicable laws and regulations; (d) you have the legal capacity to enter into a binding contract with Mellows Limited; (e) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (f) you are not listed on any U.S. Government list of prohibited or restricted parties.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel subscriptions at our sole discretion, including if we believe that your conduct violates these Terms, applicable law, or is harmful to our interests, reputation, or the interests of other users.

3) Description of Services

Mellows provides a platform that allows users to discover, create, customize, and enjoy ambient soundscapes for relaxation, focus, sleep, and well-being. The Services include, but are not limited to:

• Sound Library: Access to a curated collection of high-quality ambient sounds, nature sounds, white noise, and other audio content designed to enhance relaxation, concentration, and sleep quality.
• Soundscape Creation: Tools to create, mix, and customize personalized soundscapes by combining multiple sounds, adjusting volume levels, applying effects, and creating loops tailored to your preferences.
• Content Upload: The ability to upload your own audio files and cover images to create truly personalized soundscape experiences (subject to compliance with these Terms and our content policies).
• Cloud Synchronization: Automatic synchronization of your soundscapes, favorites, and preferences across multiple devices, allowing seamless access wherever you use Mellows.
• Premium Features: Access to additional sounds, advanced mixing capabilities, offline playback, ad-free experience, and other enhanced features available through paid subscription tiers.
• Community Features: The ability to discover and share soundscapes with the Mellows community (where applicable and subject to your privacy settings).

We reserve the right to modify, update, enhance, or discontinue any aspect of the Services at any time, with or without notice, at our sole discretion. This includes but is not limited to adding new features, removing existing features, changing the availability or pricing of subscription tiers, or altering the functionality of the Services. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services. However, if we discontinue a paid feature for which you have an active subscription, we will provide reasonable notice where feasible and will not charge you for the discontinued feature beyond your current billing period.

4) User Accounts

Account Registration: To access certain features of the Services, you must create an account. When registering, you agree to provide accurate, current, and complete information about yourself as prompted by our registration form. You also agree to maintain and promptly update your account information to keep it accurate, current, and complete. Providing false, inaccurate, or misleading information may result in immediate termination of your account.

Account Security: You are solely responsible for maintaining the confidentiality and security of your account credentials (including your password) and for all activities that occur under your account, whether or not authorized by you. You agree to: (a) choose a strong, unique password that is not used for other online accounts; (b) enable two-factor authentication if available; (c) immediately notify Mellows Limited of any unauthorized use of your account or any other breach of security; (d) not share your account credentials with any third party; and (e) log out from your account at the end of each session, especially when using shared or public devices.

Mellows Limited will not be liable for any loss or damage arising from your failure to maintain the security of your account credentials. You may be held liable for losses incurred by Mellows Limited or another party due to someone else using your account or password as a result of your failure to maintain security. You may not use anyone else's account at any time without the express permission of the account holder.

Account Responsibilities: You acknowledge and agree that you are responsible for all content posted, uploaded, transmitted, or otherwise made available through your account, and for all actions taken through your account. You agree to use the Services in compliance with all applicable local, state, national, and international laws and regulations. We reserve the right to reclaim usernames that are inactive, impersonate others, violate trademark rights, or otherwise violate these Terms.

5) User Content & Intellectual Property

User Content: The Services allow you to upload, submit, store, send, or receive content, including but not limited to audio files, images, text, soundscapes, and other materials (collectively, "User Content"). You retain all ownership rights to your User Content. However, by uploading or submitting User Content to the Services, you grant Mellows Limited a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with operating and providing the Services, and to promote, market, and improve the Services.

This license continues even after you stop using our Services, but only to the extent necessary to provide the Services to other users who have saved, shared, or otherwise interacted with your content before you removed it. For example, if another user has incorporated your uploaded sound into their soundscape before you delete it, that soundscape may continue to function. You can terminate this license for specific User Content by deleting it from the Services, provided that the termination of such license will not affect any sublicenses already granted prior to deletion.

Your Responsibilities for User Content: You represent and warrant that: (a) you own or have obtained all necessary rights, licenses, consents, permissions, and authority to grant the license above and to use and authorize Mellows Limited to use your User Content as described in these Terms; (b) your User Content and its use by Mellows Limited as authorized by these Terms will not infringe, misappropriate, or violate any third party's intellectual property rights, privacy rights, publicity rights, or any other personal or proprietary rights; (c) your User Content complies with all applicable laws and regulations; and (d) your User Content does not contain any viruses, malware, or other harmful code.

Prohibited Content: You agree not to upload, post, or transmit any User Content that: (a) infringes or violates any copyright, trademark, patent, trade secret, right of publicity, privacy right, or other intellectual property or proprietary right of any third party; (b) is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, or otherwise objectionable; (c) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (d) contains explicit or graphic violence or sexual content; (e) contains personal information of others without their consent; (f) promotes illegal activities or substances; (g) contains spam, advertising, or commercial content not authorized byMellows Limited; or (h) impersonates any person or entity or misrepresents your affiliation with any person or entity.

Our Intellectual Property: The Services, including all content, features, functionality, software, designs, text, graphics, logos, images, audio, video, and other materials provided by Mellows Limited (excluding User Content), are owned by Mellows Limitedor our licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The Mellows name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Mellows Limited or our affiliates or licensors.

Subject to your compliance with these Terms, Mellows Limited grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial use. You may not: (a) copy, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of the material from the Services; (b) sell, rent, lease, sublicense, or otherwise transfer any rights to the Services or any content; (c) reverse engineer, decompile, disassemble, or attempt to discover the source code of the Services; (d) remove, alter, or obscure any copyright, trademark, or other proprietary rights notices from the Services; or (e) use the Services in any manner that could damage, disable, overburden, or impair our servers or networks.

Content Moderation: While we are not obligated to monitor User Content, we reserve the right (but have no obligation) to review, monitor, edit, remove, disable access to, or delete any User Content at any time and for any reason, including if we determine that the User Content violates these Terms, infringes intellectual property rights, violates applicable law, or is otherwise objectionable. We also reserve the right to disclose User Content and related user information to law enforcement or government officials as we, in our sole discretion, believe necessary or appropriate to respond to legal requirements or protect our rights, property, or safety, or those of others.

6) Prohibited Conduct

In using the Services, you agree that you will not engage in any of the following prohibited activities:

• Illegal Activities: Use the Services for any illegal purpose or in violation of any local, state, national, or international law, including but not limited to laws governing intellectual property, data protection, privacy, and export control.
• Harassment and Abuse: Harass, abuse, threaten, intimidate, impersonate, or stalk any person, or engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services.
• Unauthorized Access: Access or attempt to access any portion of the Services, other users' accounts, or any computer systems or networks connected to the Services by any means other than through the user interface provided by Mellows Limited, including by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Services.
• Interference and Disruption: Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services; introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Automated Use: Use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission; use the Services to send automated queries of any sort to Mellows Limited's systems or to harvest or collect information about users without their consent.
• Intellectual Property Infringement: Copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content from the Services for commercial purposes without the express written consent of Mellows Limited or the respective rights holders; upload or transmit any content that infringes or violates any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
• False Information: Provide false, inaccurate, or misleading information; impersonate or attempt to impersonateMellows Limited, a Mellows Limited employee, another user, or any other person or entity.
• Commercial Use: Use the Services for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms, including but not limited to advertising or soliciting any user to buy or sell any products or services; selling access to the Services or any content within the Services.
• System Manipulation: Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services; attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
• Terms Circumvention: Attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access; encourage or enable any other individual to do any of the foregoing prohibited activities.

Any violation of this section may result in immediate termination of your account and access to the Services without notice or refund. We reserve the right to investigate and prosecute violations of any of these prohibited activities to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

7) Subscriptions & Payments

Subscription Plans: Certain features and content of the Services may be offered through subscription plans that require payment of fees ("Premium Subscriptions"). By purchasing a Premium Subscription, you agree to pay the subscription fees and any applicable taxes at the rates in effect when the charges are incurred. Subscription fees are stated exclusive of any applicable taxes unless otherwise specified. We reserve the right to change our subscription fees at any time upon reasonable advance notice to you (typically 30 days), which notice may be provided through email or in-app notification.

Billing and Payment: When you sign up for a Premium Subscription, you will be required to provide payment information. You authorize Mellows Limited or our third-party payment processor to charge your chosen payment method for the subscription fees on a recurring basis according to the billing frequency you selected (e.g., monthly, annually) until you cancel your subscription. Your subscription will automatically renew at the end of each billing period unless you cancel it before the renewal date. You are responsible for maintaining valid and up-to-date payment information. If we are unable to process your payment, we may suspend or terminate your Premium Subscription.

Free Trials and Promotional Offers: We may offer free trials or promotional discounts for Premium Subscriptions from time to time. If you sign up for a free trial, your free trial period will last for the duration specified at the time of sign-up. At the end of the free trial period, you will automatically be charged the then-current subscription fee for your chosen plan unless you cancel before the end of the trial period. Free trials and promotional offers may be subject to additional terms and conditions, which will be presented to you at the time of the offer. We reserve the right to determine your eligibility for free trials and promotional offers at our sole discretion and to revoke or modify any such offers at any time without prior notice.

Cancellation: You may cancel your Premium Subscription at any time through your account settings or by contacting customer support at support@mellows.ai. Cancellation will take effect at the end of your current billing period, and you will retain access to Premium features until that time. You will not receive a refund for any portion of the subscription fee paid for the then-current billing period. After cancellation, your account will revert to a free account (if available) or be closed, depending on your preference and the available service tiers.

Refunds: Except as required by applicable law or as expressly stated in these Terms, all subscription fees are non-refundable. We do not provide refunds or credits for partial subscription periods or for subscriptions that you do not use. However, if you believe you have been incorrectly charged, please contact us at support@mellows.ai within 30 days of the charge, and we will investigate the issue in good faith. In certain jurisdictions, you may have additional statutory rights regarding refunds, and nothing in these Terms is intended to limit those rights.

Price Changes: We reserve the right to change our subscription prices at any time. Price changes will not affect your current billing period but will apply to subsequent billing periods. We will provide you with advance notice of any price changes (typically 30 days before they take effect) via email or in-app notification. If you do not agree with a price change, you have the right to cancel your subscription before the new price takes effect.

Payment Processing: All payments are processed by our third-party payment processors, which are certified as PCI-DSS Level 1 Service Providers, the highest level of certification available in the payments industry. Mellows Limited does not store your complete credit card or payment information on our servers. By providing payment information, you represent and warrant that you are authorized to use the payment method you provide and authorize us to charge all fees to that payment method.

8) Termination

Termination by You: You may terminate your account and discontinue use of the Services at any time by contacting customer support at support@mellows.ai or through your account settings. Upon termination by you, your right to access and use the Services will immediately cease. If you have an active Premium Subscription, your cancellation will be processed in accordance with Section 7 above, and you will retain access to Premium features through the end of your current billing period.

Termination by Us: We reserve the right to suspend or terminate your account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including but not limited to: (a) breach of these Terms; (b) violation of applicable laws or regulations; (c) fraudulent, abusive, or illegal activity; (d) prolonged inactivity; (e) upon your request; (f) at our discretion if we believe your conduct may harm Mellows Limited, other users, or third parties; or (g) if we discontinue the Services or any part thereof. If we terminate your account for cause (i.e., due to your breach of these Terms or violation of law), you will not be entitled to any refund of subscription fees or other payments.

Effect of Termination: Upon termination of your account, regardless of the reason: (a) your right to access and use the Services will immediately cease; (b) we may delete your account and all associated data, including User Content, from our servers (subject to our data retention policies and legal obligations); (c) you will no longer be able to access any content or data associated with your account; (d) any outstanding amounts owed to Mellows Limited will become immediately due and payable; and (e) the provisions of these Terms that by their nature should survive termination will continue to apply, including but not limited to Sections 5 (User Content & Intellectual Property), 6 (Prohibited Conduct), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), 12 (Dispute Resolution), and 13 (General Provisions).

Data Retention After Termination: We may retain certain information after account termination as necessary to comply with legal obligations, resolve disputes, enforce our agreements, and for other legitimate business purposes as described in our Privacy Policy. After the applicable retention period, we will delete or anonymize your data in accordance with our data retention and deletion policies.

9) Disclaimers

AS IS" AND "AS AVAILABLE" BASIS: THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MELLOWS LIMITEDDISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

No Warranty on Services: Mellows Limited does not warrant that: (a) the Services will be uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from use of the Services will be accurate, complete, or reliable; (c) the quality of any products, services, information, or other material purchased or obtained through the Services will meet your expectations; (d) any errors in the Services or technology will be corrected; or (e) the Services are free of viruses or other harmful components.

User Content Disclaimer: Mellows Limited is not responsible for and does not endorse any User Content posted, uploaded, or transmitted through the Services. We do not guarantee the accuracy, integrity, quality, or appropriateness of any User Content. You acknowledge that by using the Services, you may be exposed to User Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You agree that you use the Services and access User Content at your own risk.

Third-Party Content and Links: The Services may contain links to third-party websites, applications, services, or resources that are not owned or controlled by Mellows Limited. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites, applications, or services. You acknowledge and agree that Mellows Limitedshall 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 such third-party content, goods, or services available on or through any such websites, applications, or services.

Health and Medical Disclaimer: The Services, including any soundscapes, audio content, or related materials, are intended for relaxation, focus, and general well-being purposes only and are not intended to diagnose, treat, cure, or prevent any disease or medical condition. The Services are not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have heard or experienced through the Services.

Download and Usage Risks: You are solely responsible for any damage to your computer system, mobile device, or loss of data that results from downloading, installing, or using any material or software from or through the Services. You acknowledge that the internet and electronic communications are subject to interruptions, transmission blackouts, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the internet, and Mellows Limited is not responsible for any such interruptions, blackouts, or delays.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, Mellows Limited'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

10) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MELLOWS LIMITED, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (C) ANY USER CONTENT OR THIRD-PARTY CONTENT OBTAINED FROM THE SERVICES; (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (E) ANY OTHER MATTER RELATING TO THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF MELLOWS LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Mellows Limited'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO Mellows Limited IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100 USD).

THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, Mellows Limited'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

You acknowledge and agree that the disclaimers and limitations of liability set forth in these Terms reflect a reasonable and fair allocation of risk between you and Mellows Limited, and that these limitations are an essential basis to Mellows Limited's ability to make the Services available to you on an economically reasonable basis.

11) Indemnification

You agree to indemnify, defend, and hold harmless Mellows Limited, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, partners, suppliers, and licensors (collectively, the "Mellows Limited Parties") from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees and legal expenses) arising out of or related to:

• Your access to or use of the Services, including but not limited to any data, content, or actions taken through your account, whether or not such use was authorized by you;
• Your User Content, including but not limited to any claims that your User Content infringes, misappropriates, or violates any third party's intellectual property rights, privacy rights, publicity rights, or any other rights, or that your User Content is defamatory, obscene, or otherwise unlawful;
• Your violation of these Terms, including but not limited to any breach of your representations, warranties, or obligations set forth herein;
• Your violation of any law, regulation, or rights of any third party, including but not limited to intellectual property rights, privacy rights, or consumer protection rights;
• Any dispute or conflict between you and any other user of the Services;
• Any claim that your use of the Services caused damage to a third party, including but not limited to claims related to any content you uploaded, shared, or accessed through the Services.

Mellows Limited reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Mellows Limited in asserting any available defenses. You agree not to settle any such claim without Mellows Limited's prior written consent. This indemnification obligation will survive the termination of these Terms and your use of the Services.

12) Dispute Resolution

Informal Resolution: Before filing a claim against Mellows Limited, you agree to try to resolve the dispute informally by contacting us at support@mellows.ai. We will attempt to resolve the dispute informally by contacting you via email. If a dispute is not resolved within sixty (60) days after submission, you or Mellows Limited may bring a formal proceeding.

Arbitration Agreement: You and Mellows Limited agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

This arbitration agreement is governed by the Federal Arbitration Act ("FAA") and evidences a transaction in interstate commerce. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, or by another arbitration administrator chosen by the parties and approved by the FAA. The AAA Rules and filing forms are available online at www.adr.org. The arbitrator has exclusive authority to resolve all disputes, except that either party may seek injunctive or other equitable relief in court for matters related to intellectual property rights or breach of confidentiality obligations.

Class Action Waiver: YOU AND MELLOWS LIMITED 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, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. Unless both you and Mellows Limited agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative, class, or collective proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration agreement shall be null and void.

Governing Law: These Terms and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of the State of [Your State], United States, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Venue: If for any reason a claim proceeds in court rather than in arbitration, you and Mellows Limited agree to submit to the exclusive jurisdiction of the state and federal courts located in [Your County], [Your State], for the resolution of any such claim. You irrevocably waive any objection to venue in such courts and any claim that such courts are an inconvenient forum.

Opt-Out: You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted these Terms by sending written notice of your decision to opt out to support@mellows.ai with the subject line "Arbitration Opt-Out." Your notice must include your name, address, and a clear statement that you wish to opt out of this arbitration agreement. If you opt out of the arbitration agreement, all other parts of these Terms will continue to apply to you. Opting out of this arbitration agreement has no effect on any previous, other, or future arbitration agreements that you may have with us.

13) General Provisions

Entire Agreement: These Terms, together with our Privacy Policy and any additional terms, policies, or guidelines referenced herein or presented to you in connection with specific features, constitute the entire agreement between you and Mellows Limitedconcerning the Services and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

Modifications to Terms: We reserve the right to modify these Terms at any time, at our sole discretion. If we make material changes to these Terms, we will notify you by email (to the address associated with your account) or through a prominent notice within the Services, or by other means as required by applicable law, at least thirty (30) days before the changes take effect. Your continued use of the Services after the effective date of any modifications to these Terms constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Services and may close your account.

Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect. The invalid, illegal, or unenforceable provision will be deemed modified to the extent necessary to make it valid, legal, and enforceable while preserving its intent. If such modification is not possible, the provision will be deemed severed from these Terms.

Waiver: No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Assignment: You may not assign, transfer, or delegate these Terms or your rights and obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without Mellows Limited's prior written consent. Any attempted assignment, transfer, or delegation without such consent will be null and void. Mellows Limited may assign, transfer, or delegate these Terms and its rights and obligations without restriction or notification. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns.

No Third-Party Beneficiaries: These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party, except as expressly provided herein.

Force Majeure: Mellows Limited shall not be liable for any failure or delay in performance of its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

Export Control: You may not use or export or re-export the Services or any copy or adaptation of the Services except as authorized by United States law and the laws of the jurisdiction in which the Services were obtained. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Persons List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list.

Language: These Terms are drafted in English. To the extent any translated version of these Terms conflicts with the English version, the English version shall control.

Notices: We may provide notices to you via email (to the address associated with your account), postal mail, or postings within the Services. You consent to receive notices electronically, and you agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Notices to Mellows Limited should be sent to support@mellows.ai or to the postal address listed in Section 14 below.

Relationship of Parties: You and Mellows Limited are independent contractors, and nothing in these Terms creates a partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Mellows Limited.

14) Contact Information

If you have any questions, concerns, or feedback about these Terms of Service or the Services, please contact us:

Company: Mellows Limited
Address: West Wing, 2/F, 822 Lai Chi Kok Road, Cheung Sha Wan, Kowloon, Hong Kong SAR
Email: support@mellows.ai
Website: https://mellows.ai

We aim to respond to all inquiries within 5-10 business days. For urgent matters or legal notices, please include "URGENT" or "LEGAL NOTICE" in the subject line of your email.