Terms and Policies

Terms of Use

Effective: January 16th, 2025

Thank you for using the Services of Effervescence Group!

These Terms of Use apply to your use of Catalog Crafter, Catalog Lister, and Effervescence Group's other services for enterprises and individual users, along with any associated software applications and websites (all together, "Services"). These Terms form an agreement between you and Effervescence Group Inc., and they include our Service Terms and important provisions for resolving disputes through arbitration. By using our Services, you agree to these Terms.

Our Business Terms govern use of Catalog Crafter Platform, our APIs, and our other services for businesses and developers.

Our Privacy Policy explains how we collect and use personal information. Although it does not form part of these Terms, it is an important document that you should read.

Who we are

Effervescence Group is an AI research and deployment company. Our mission is to organize the World's supply of goods and services using human knowledge and experience, human intelligence and various forms of artificial intelligence. We put a variety of services to work together to the benefits of all humanity so they can invent, design, find, produce, sell, resell, consume, trade, recycle and dispose of goods and services. For more information about our solutions, please visit

https://catalogcrafter.com/about.

Minimum age. You must be at least 16 years old or the minimum age required in your country to consent to use the Services. If you are under 18 you must have your parent or legal guardian's permission to use the Services.

Registration. You must provide accurate and complete information to register for an account to use our Services. You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account. If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf.

Using our Services

What you can do. Subject to your compliance with these Terms, you may access and use our Services. In using our Services, you must comply with all applicable laws as well as our Sharing & Publication Policy, Usage Policies, and any other documentation, guidelines, or policies we make available to you.

What you cannot do. You may not use our Services for any illegal, harmful, or abusive activity. For example, you may not:

- Use our Services in a way that infringes, misappropriates or violates anyone's rights.

- Modify, copy, lease, sell or distribute any of our Services.

- Attempt to or assist anyone to reverse engineer, decompile or discover the source code or underlying components of our Services, including our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law).

- Automatically or programmatically extract data or Output (defined below).

- Represent that Output was human-generated when it was not.

- Interfere with or disrupt our Services, including circumvent any rate limits or restrictions or bypass any protective measures or safety mitigations we put on our Services.

- Use Output to develop models that compete with Effervescence Group.

Software. Our Services may allow you to download software, such as mobile applications, which may update automatically to ensure you're using the latest version. Our software may include open source software that is governed by its own licenses that we've made available to you.

Corporate domains. If you create an account using an email address owned by an organization (for example, your employer), that account may be added to the organization's business account with us, in which case we will provide notice to you so that you can help facilitate the transfer of your account (unless your organization has already provided notice to you that it may monitor and control your account). Once your account is transferred, the organization's administrator will be able to control your account, including being able to access Content (defined below) and restrict or remove your access to the account.

Third party Services. Our services may include third party software, products, or services, ("Third Party Services") and some parts of our Services, like our browse feature, may include output from those services ("Third Party Output"). Third Party Services and Third Party Output are subject to their own terms, and we are not responsible for them.

Feedback. We appreciate your feedback, and you agree that we may use it without restriction or compensation to you.

Content

Your content. You may provide input to the Services ("Input" ), and receive output from the Services based on the Input ("Output"). Input and Output are collectively "Content." You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our Services.

Ownership of content. As between you and Effervescence Group, and to the extent permitted by applicable law, you (a) retain your ownership rights in Input and (b) own the Output. We hereby assign to you all our right, title, and interest, if any, in and to Output.

Similarity of content. Due to the nature of our Services and artificial intelligence generally, output may not be unique and other users may receive similar output from our Services. Our assignment above does not extend to other users' output or any Third Party Output.

Our use of content. We may use Content to provide, maintain, develop, and improve our Services, comply with applicable law, enforce our terms and policies, and keep our Services safe. If you're using Catalog Crafter through Apple's integrations, see this Help Center article (opens in a new window) for how we handle your Content.

Opt out. If you do not want us to use your Content to train our models, you can opt out by following the instructions in this Help Center article (opens in a new window). Please note that in some cases this may limit the ability of our Services to better address your specific use case.

Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning, use of our Services may, in some situations, result in Output that does not accurately reflect real people, places, or facts.

When you use our Services you understand and agree:

- Output may not always be accurate. You should not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional advice.

- You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output from the Services.

- You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them.

- Our Services may provide incomplete, incorrect, or offensive Output that does not represent Effervescence Group's views. If Output references any third party products or services, it doesn't mean the third party endorses or is affiliated with Effervescence Group.

We and our affiliates own all rights, title, and interest in and to the Services. You may only use our name and logo in accordance with our Brand Guidelines.

Billing. If you purchase any Services, you will provide complete and accurate billing information, including a valid payment method. For paid subscriptions, we will automatically charge your payment method on each agreed-upon periodic renewal until you cancel. You're responsible for all applicable taxes, and we'll charge tax when required. If your payment cannot be completed, we may downgrade your account or suspend your access to our Services until payment is received.

Service credits. You can pay for some Services in advance by purchasing service credits. All service credits are subject to our Service Credit Terms.

Cancellation. You can cancel (opens in a new window) your paid subscription at any time. Payments are non-refundable, except where required by law. These Terms do not override any mandatory local laws regarding your cancellation rights.

Changes. We may change our prices from time to time. If we increase our subscription prices, we will give you at least 30 days' notice and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase.

Termination and suspension

Termination. You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to our Services or delete your account if we determine:

- You breached these Terms or our Usage Policies.

- We must do so to comply with the law.

- Your use of our Services could cause risk or harm to Effervescence Group, our users, or anyone else.

We also may terminate your account if it has been inactive for over a year and you do not have a paid account. If we do, we will provide you with advance notice.

Appeals. If you believe we have suspended or terminated your account in error, you can file an appeal with us by contacting our Support Team.

We may decide to discontinue our Services, but if we do, we will give you advance notice and a refund for any prepaid, unused Services.

OUR SERVICES ARE PROVIDED "AS IS." EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.

YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.

Limitation of liability

NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED ​​THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Some countries and states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to you, and you may have additional rights. In that case, these Terms only limit our responsibilities to the maximum extent permissible in your country of residence.

EFFERVESCENCE GROUP'S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION.

Indemnity

If you are a business or organization, to the extent permitted by law, you will indemnify and hold harmless us, our affiliates, and our personnel, from and against any costs, losses, liabilities, and expenses (including attorneys' fees) from third party claims arising out of or relating to your use of the Services and Content or any violation of these Terms.

Dispute resolution

YOU AND EFFERVESCENCE GROUP AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:

MANDATORY ARBITRATION. You and Effervescence Group agree to resolve any claims arising out of or relating to these Terms or our Services, regardless of when the claim arose, even if it was before these Terms existed (a "Dispute"), through final and binding arbitration. You may opt out of arbitration within 30 days of account creation or of any updates to these arbitration terms within 30 days after the update has taken effect by communicating with Effervescence Group in writing. If you opt out of an update, the last set of agreed upon arbitration terms will apply.

Informal dispute resolution. We would like to understand and try to address your concerns prior to formal legal action. Before either of us files a claim against the other, we both agree to try to resolve the Dispute informally. You agree to do so by sending us notice through by communicating with Effervescence Group in writing. We will do so by sending you notice to the email address associated with your account. If we are unable to resolve a Dispute within 60 days, either of us has the right to initiate arbitration. We also both agree to attend an individual settlement conference if either party requests one during this time. Any statute of limitations will be tolled during this informal resolution process.

Arbitration forum. If we are unable to resolve the Dispute, either of us may commence arbitration with National Arbitration and Mediation ("NAM") under its Comprehensive Dispute Resolution Rules and Procedures and/or Supplemental Rules for Mass Arbitration Filings, as applicable (available here (opens in a new window) ). Effervescence Group will not seek attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. The activities described in these Terms involve interstate commerce and the Federal Arbitration Act will govern the interpretation and enforcement of these arbitration terms and any arbitration.

Arbitration procedures. The arbitration will be conducted by videoconference if possible, but if the arbitrator determines a hearing should be conducted in person, the location will be mutually agreed upon, in the county where you reside, or as determined by the arbitrator, unless the batch arbitration process applies. The arbitration will be conducted by a sole arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California. The arbitrator will have exclusive authority to resolve any Dispute, except the state or federal courts of San Francisco, California have the authority to determine any Dispute about enforceability, validity of the class action waiver, or requests for public injunctive relief, as set out below. Any settlement offer amounts will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any. The arbitrator has the authority to grant motions dispositive of all or part of any Dispute.

Exceptions. This section does not require informal dispute resolution or arbitration of the following claims: ( i ) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement or misappropriation.

CLASS AND JURY TRIAL WAIVERS. You and Effervescence Group agree that Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, and representative actions are prohibited. Only individual relief is available. The parties agree to sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims. This does not prevent either party from participating in a class-wide settlement. You and Effervescence Group knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim.

Batch arbitration. If 25 or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar Disputes within 90 days of each other, then you and Effervescence Group agree that NAM will administer them in batches of up to 50 claimants each ("Batch"), unless there are less than 50 claimants in total or after batching, which will comprise a single Batch. NAM will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing held by videoconference or in a location decided by the arbitrator for each Batch. If any part of this section is found to be invalid or unenforceable as to a particular claimant or Batch, it will be severed and arbitrated in individual proceedings.

Severability. If any part of these arbitration terms is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class arbitration, class action, or representative action, this entire dispute resolution section will be unenforceable in its entirety.

If you believe that your intellectual property rights have been infringed, please send notice by communicating with Effervescence Group in writing. We may delete or disable content that we believe violates these Terms or is alleged to be infringing and will terminate accounts of repeat infringers where appropriate.

Effervescence Group Inc.

6015 Nicklaus CV

Bradenton, FL 34211

Attn: General Counsel / Copyright Agent

Written claims concerning copyright infringement must include the following information:

- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest

- A description of the copyrighted work that you claim has been infringed upon

- A description of where the allegedly infringing material is located on our site so we can find it

- Your address, telephone number, and e-mail address

- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law

- A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf

Assignment. You may not assign or transfer any rights or obligations under these Terms and any attempt to do so will be void. We may assign our rights or obligations under these Terms to any affiliate, subsidiary, or successor in interest of any business associated with our Services.

Changes to these Terms or our Services. We are continuously working to develop and improve our Services. We may update these Terms or our Services accordingly from time to time. For example, we may make changes to these Terms or the Services due to:

- Changes to the law or regulatory requirements.

- Security or safety reasons.

- Circumstances beyond our reasonable control.

- Changes we make in the usual course of developing our Services.

- To adapt to new technologies.

We will give you at least 30 days advance notice of changes to these Terms that materially adversely impact you either via email or an in-product notification. All other changes will be effective as soon as we post them to our website. If you do not agree to the changes, you must stop using our Services.

Delay in enforcing these Terms. Our failure to enforce a provision is not a waiver of our right to do so later. Except as provided in the dispute resolution section above, if any portion of these Terms is determined to be invalid or unenforceable, that portion will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.

Trade controls. You must comply with all applicable trade laws, including sanctions and export control laws. Our Services may not be used in or for the benefit of, or exported or re-exported to (a) any U.S. embargoed country or territory or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. Our Services may not be used for any end use prohibited by applicable trade laws, and your Input may not include material or information that requires a government license for release or export.

Entire agreement. These Terms contain the entire agreement between you and Effervescence Group regarding the Services and, other than any Service-specific terms, supersedes any prior or contemporaneous agreements between you and Effervescence Group.

Governing law. California law will govern these Terms except for its conflicts of laws principles. Except as provided in the dispute resolution section above, all claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of San Francisco, California.

When you use the interactive product demo on this website, the image you upload is sent to third-party AI model providers so they can extract product information and, if you request it, generate a product video. Depending on the video model in use, your image is transmitted to OpenAI or to xAI. For video generation the image may be transmitted as a temporary link to the stored file rather than as an upload. Demo uploads and any generated video are deleted after 30 days.

Privacy policy

We at Effervescence Group (together with our affiliates, "Effervescence Group", "we", "our" or "us") respect your privacy and are strongly committed to keeping secure any information we obtain from you or about you. This Privacy Policy describes our practices with respect to Personal Data that we collect from or about you when you use our website, applications, and services (collectively, "Services").

This Privacy Policy does not apply to content that we process on behalf of customers of our business offerings, such as our API. Our use of that data is governed by our customer agreements covering access to and use of those offerings.

For information about how we collect and use training information to develop our language models that power Catalog Crafter and other Services, and your choices with respect to that information, please see our Terms of Use.

1. Personal Data we collect

We collect personal data relating to you ("Personal Data") as follows:

Personal Data You Provide: We collect Personal Data if you create an account to use our Services or communicate with us as follows:

- Account Information: When you create an account with us, we will collect information associated with your account, including your name, contact information, account credentials, date of birth, payment information, and transaction history, (collectively, "Account Information").

- User Content: We collect Personal Data that you provide in the input to our Services ("Content"), including your prompts and other content you upload, such as files, images and audio/video, depending on the features you use.

- Communication Information: If you communicate with us, such as via email or our pages on social media sites, we may collect Personal Data like your name, contact information, and the contents of the messages you send ("Communication Information").

- Other Information You Provide: We collect other information that you may provide to us, such as when you participate in our events or surveys or provide us with information to establish your identity or age (collectively, "Other Information You Provide").

Personal Data We Receive from Your Use of the Services: When you visit, use, or interact with the Services, we receive the following information about your visit, use, or interactions ("Technical Information"):

- Log Data: We collect information that your browser or device automatically sends when you use our Services. Log data includes your Internet Protocol address, browser type and settings, the date and time of your request, and how you interact with our Services.

- Usage Data: We collect information about your use of the Services, such as the types of content that you view or engage with, the features you use and the actions you take, as well as your time zone, country, the dates and times of access, user agent and version, type of computer or mobile device, and your computer connection.

- Device Information: We collect information about the device you use to access the Services, such as the name of the device, operating system, device identifiers, and browser you are using. Information collected may depend on the type of device you use and its settings.

- Location Information: We may determine the general area from which your device accesses our Services based on information like its IP address for security reasons and to make your product experience better, for example to protect your account by detecting unusual login activity or to provide more accurate responses. In addition, some of our Services allow you to choose to provide more precise location information from your device, such as location information from your device's GPS.

- Cookies and Similar Technologies: We use cookies and similar technologies to operate and administer our Services, and improve your experience. If you use our Services without creating an account, we may store some of the information described in this policy with cookies, for example to help maintain your preferences across browsing sessions.

Information We Receive from Other Sources: We receive information from our trusted partners, such as security partners, to protect against fraud, abuse, and other security threats to our Services, and from marketing vendors who provide us with information about potential customers of our business services.

We also collect information from other sources, like information that is publicly available on the internet, to develop the models that power our Services. For more information on the sources of information used to develop the models that power Catalog Crafter and other Services, please formally contact Effervescence Group in Writing.

2. How we use Personal Data

We may use Personal Data for the following purposes:

- To provide analyze, and maintain our Services, for example to respond to your questions for Catalog Crafter;

- To improve and develop our Services and conduct research, for example to develop new product features;

- To communicate with you, including to send you information about our Services and events, for example about changes or improvements to the Services;

- To prevent fraud, illegal activity, or misuses of our Services, and to protect the security of our systems and Services;

- To comply with legal obligations and to protect the rights, privacy, safety, or property of our users, Effervescence Group, or third parties.

We may also aggregate or de-identify Personal Data so that it no longer identifies you and use this information for the purposes described above, such as to analyze the way our Services are being used, to improve and add features to them, and to conduct research. We will maintain and use de-identified information in de-identified form and not attempt to reidentify the information, unless required by law.

As noted above, we may use Content you provide us to improve our Services, for example to train the models that power Catalog Crafter. If you wish to opt out of our use of your Content to train our models, you need to make an official written request to Effervescence Group that shall be acknowledged as received and processes within 30 days.

3. Disclosure of Personal Data

We may disclose your Personal Data in the following circumstances:

- Vendors and Service Providers: To assist us in meeting business operations needs and to perform certain services and functions, we may disclose Personal Data to vendors and service providers, including providers of hosting services, customer service vendors, cloud services, content delivery services, support and safety monitoring services, email communication software, web analytics services, payment and transaction processors, and other information technology providers. Pursuant to our instructions, these parties will access, process, or store Personal Data only in the course of performing their duties to us.

- Business Transfers: If we are involved in strategic transactions, reorganization, bankruptcy, receivership, or transition of service to another provider (collectively, a "Transaction"), your Personal Data may be disclosed in the diligence process with counterparties and others assisting with the Transaction and transferred to a successor or affiliate as part of that Transaction along with other assets.

- Government Authorities or Other Third Parties: We may share your Personal Data, including information about your interaction with our Services, with government authorities, industry peers, or other third parties in compliance with the law ( i ) if required to do so to comply with a legal obligation, or in the good faith belief that such action is necessary to comply with a legal obligation, (ii) to protect and defend our rights or property, (iii) if we determine, in our sole discretion, that there is a violation of our terms, policies, or the law; (iv) to detect or prevent fraud or other illegal activity; (v) to protect the safety, security, and integrity of our products, employees, users, or the public, or (vi) to protect against legal liability.

- Affiliates: We may disclose Personal Data to our affiliates, meaning an entity that controls, is controlled by, or is under common control with Effervescence Group. Our affiliates may use this Personal Data in a manner consistent with this Privacy Policy.

- Business Account Administrators: When you join a Catalog Crafter Enterprise or business account, the administrators of that account may access and control your Effervescence Group account, including being able to access your Content. In addition, if you create an account using an email address belonging to your employer or another organization, we may share the fact that you have an account and certain account information, such as your email address, with your employer or organization to, for example, enable you to be added to their business account.

- Other Users and Third Parties You Interact or Share Information With: Certain features allow you to interact or share information with other users or third parties. For example, you can share Catalog Crafter conversations with other users via shared links. You can also send information to third-party applications, such as via custom actions for GPTs, or for searching the web to help answer questions that benefit from more recent information. Information you share with third parties is governed by their own terms and privacy policies, and you should make sure you understand those terms and policies before sharing information with them.

4. Retention

We'll retain your Personal Data for only as long as we need in order to provide our Services to you, or for other legitimate business purposes such as resolving disputes, safety and security reasons, or complying with our legal obligations. How long we retain Personal Data will depend on a number of factors, such as:

- Our purpose for processing the data (such as whether we need to retain the data to provide our Services );

- The amount, nature, and sensitivity of the information;

- The potential risk of harm from unauthorized use or disclosure;

- Any legal requirements that we are subject to.

In some cases, the length of time we retain data depends on your settings. For example, Catalog Crafter temporary chats will not appear in your history and will be kept up to 30 days for safety purposes.

5. Your rights

Depending on where you live, you may have certain statutory rights in relation to your Personal Data. For example, you may have the right to:

- Access your Personal Data and information relating to how it is processed.

- Delete your Personal Data from our records.

- Update or correct your Personal Data.

- Transfer your Personal Data to a third party (right to data portability).

- Restrict how we process your Personal Data.

- Withdraw your consent--where we rely on consent as the legal basis for processing at any time.

- Object to how we process your Personal Data.

- Lodge a complaint with your local data protection authority.

You can exercise some of these rights through your Effervescence Group account. If you are unable to exercise your rights through your account, please submit your request through a written communication to Effervescence Group.

A note about accuracy: Services like Catalog Crafter generate responses by reading a user's request and, in response, predicting the words most likely to appear next. In some cases, the words most likely to appear next may not be the most factually accurate. For this reason, you should not rely on the factual accuracy of output from our models. If you notice that Catalog Crafter output contains factually inaccurate information about you and you would like to request a correction or removal of the information, you can submit these requests through written communication to Effervescence Group, and we will consider your request based on applicable law and the technical capabilities of our models.

Effervescence Group processes your Personal Data for the purposes described in this Privacy Policy on servers located in various jurisdictions, including processing and storing your Personal Data in our facilities and servers in the United States. While data protection law varies by country, we apply the protections described in this policy to your Personal Data regardless of where it is processed, and only transfer that data pursuant to legally valid transfer mechanisms.

6. Children

Our Services are not directed to, or intended for, children under 13. We do not knowingly collect Personal Data from children under 13. If you have reason to believe that a child under 13 has provided Personal Data to Effervescence Group through the Services, please email us at info@catalogcrafter.com. We will investigate any notification and, if appropriate, delete the Personal Data from our systems. Users under 18 must have permission from their parent or guardian to use our Services.

7. Security

We implement commercially reasonable technical, administrative, and organizational measures designed to protect Personal Data from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. Therefore, you should take special care in deciding what information you provide to the Services. In addition, we are not responsible for circumvention of any privacy settings or security measures contained on the Service, or third-party websites.

8. Additional U.S. state disclosures

Some U.S. state privacy laws require specific disclosures. The following table provides additional information about the categories of Personal Data we collect and how we use and disclose that information. You can read more about the Personal Data we collect and where we collect it from in "Personal Data we collect" above, how we use Personal Data in "How we use Personal Data" above, and how we retain Personal Data in "Security and Retention" below.

Category of Personal Data

Use of Personal Data

Disclosure of Personal Data

We collect the following information, as described above:

- Identifiers, such as your name, contact details, IP address, and other device identifiers

- Commercial information, such as your transaction history

- Network activity information, such as Content and how you interact with our Services

- Communication information, such as your contact information when you send us email

- Geolocation data, such as the general area from which your device accesses our Services based on information like its IP address, or precise location information you choose to provide

- Your account credentials and payment information

We use this information for the following purposes, as described above:

- Provide, analyze, and maintain our Services

- Improve and develop our Services and conduct research

- Communicate with you, including to send you information about our Services and events

- Prevent fraud, illegal activity, or misuses of our Services, and to protect the security of our systems and Services

- Comply with legal obligations and protect the rights, privacy, safety, or property of our users, Effervescence Group, or third parties

We may disclose this information in the following circumstances, as described above:

- Vendors, service providers, and affiliates to process in accordance with our instructions

- Government authorities or other third parties for the legal reasons described above

- Parties involved in Transactions

- Business account administrators for the reasons described above

- Other users and third parties you interact or share information with

Depending on where you live and subject to applicable exceptions, you may have the following privacy rights in relation to your Personal Data:

- The right to know information about our processing of your Personal Data, including the right to access your Personal Data, often in a portable format;

- The right to request deletion of your Personal Data;

- The right to correct your Personal Data; and

- The right to be free from discrimination relating to the exercise of any of your privacy rights.

We do not "sell" Personal Data or "share" Personal Data for cross-contextual behavioral advertising, and we do not process Personal Data for "targeted advertising" purposes (as those terms are defined under state privacy laws). We also do not process sensitive Personal Data for the purposes of inferring characteristics about a consumer.

Exercising Your Rights. You can exercise privacy rights described in this section by submitting a request through email at info@catalogcrafter.com.

Verification. In order to protect your Personal Data from unauthorized access, change, or deletion, we may require you to verify your credentials before you can submit a request to know, correct, or delete Personal Data. If you do not have an account with us, or if we suspect fraudulent or malicious activity, we may ask you to provide additional Personal Data for verification. If we cannot verify your identity, we will not be able to honor your request.

Authorized Agents. You may also submit a rights request through an authorized agent. If you do so, the agent must present signed written permission to act on your behalf and you may also be required to independently verify your identity with us. Authorized agent requests can be submitted to info@catalogcrafter.com.

Appeals. Depending on where you live, you may have the right to appeal a decision we make relating to requests to exercise your rights. To appeal a decision, please send your request to info@catalogcrafter.com.

9. Changes to the privacy policy

We may update this Privacy Policy from time to time. When we do, we will publish an updated version and effective date on this page, unless another type of notice is required by applicable law.

10. How to contact us

Please email info@catalogcrafter.com. if you have any questions or concerns not already addressed in this Privacy Policy.

Business terms

These Effervescence Group Terms govern use of our APIs, Catalog Crafter, Catalog Lister, and other services for businesses and developers. Use of our services for individuals, Catalog Crafter, Catalog Lister, are governed by the Terms of Use.

Thank you for choosing Effervescence Group!

These Business Terms are an agreement between Effervescence Group Inc. and you (" Customer ") that governs your use of our Services (as defined below). By signing up to use the Services, you agree to be bound by these Business Terms. You represent to us that you are lawfully able to enter into contracts and, if you are entering into these Business Terms for an entity, that you have legal authority to bind that entity. These Business Terms also refer to any other guidelines or policies we may provide in writing (the " Effervescence Group Policies ") and any ordering document signed by you and Effervescence Group or Effervescence Group webpage that you use to purchase the Services (an " Order Form ") (collectively, the " Agreement ").

1. Services

1.1 Use of Services. We grant you a non-exclusive right to access and use the Services during the Term (as defined below). This includes the right to use Effervescence Group's application programming interfaces (" APIs ") to integrate the Services into your applications, products, or services (each a " Customer Application ") and to make Customer Applications available to End Users (as defined below). " Services " means any services for businesses and developers we make available for purchase or use, along with any of our associated software, tools, developer services, documentation, and websites, but excluding any Third Party Offering.

1.2 Third-Party Offering. Third parties may offer products, services, or content through the Services (" Third Party Offering "). If you elect, in your sole discretion, to access or use a Third Party Offering (including by making it available via a Customer Application), your access and use of the Third Party Offering is subject to this Agreement and any additional terms applicable to the Third Party Offering.

1.3 Responsibilities for Your Account. You must provide accurate and up-to-date account information. You are responsible for all activities that occur under your account, including the activities of any end user (each, an " End User ") who is provisioned with an account under your account (an " End User Account ") or accesses the Services through your Customer Application. You may not make account access credentials available to third parties, share individual login credentials between multiple users on an account, or resell or lease access to your account or any End User Account. You will promptly notify us if you become aware of any unauthorized access to or use of your account or our Services.

2. Restrictions

We own all right, title, and interest in and to the Services. You only receive rights to use the Services as explicitly granted in this Agreement. You will not, and will not permit End Users to:

(a) use the Services or Customer Content (as defined below) in a manner that violates any applicable laws or Effervescence Group Policies;

(b) use the Services or Customer Content in a manner that infringes, misappropriates, or otherwise violates any third party's rights;

(c) send us any personal information of children under 13 or the applicable age of digital consent or allow minors to use our Services without consent from their parent or guardian;

(d) reverse assemble, reverse compile, decompile, translate, engage in model extraction or stealing attacks, or otherwise attempt to discover the source code or underlying components of the Services, algorithms, and systems of the Services (except to the extent these restrictions are contrary to applicable law );

(e) use Output (as defined below) to develop any artificial intelligence models that compete with our products and services. However, you can use Output to ( i ) develop artificial intelligence models primarily intended to categorize, classify, or organize data (e.g., embeddings or classifiers), as long as such models are not distributed or made commercially available to third parties and (ii) fine tune models provided as part of our Services;

(f) use any method to extract data from the Services other than as permitted through the APIs; or

(g) buy, sell, or transfer API keys from, to or with a third party.

3. Content

3.1 Customer Content. You and End Users may provide input to the Services ("Input" ), and receive output from the Services based on the Input ("Output"). We call Input and Output together "Customer Content." As between you and Effervescence Group, and to the extent permitted by applicable law, you (a) retain all ownership rights in Input and (b) own all Output. We hereby assign to you all our right, title, and interest, if any, in and to Output.

3.2 Our Obligations for Customer Content. We will process and store Customer Content in accordance with our Enterprise privacy commitments. We will only use Customer Content as necessary to provide you with the Services, comply with applicable law, and enforce Effervescence Group Policies. We will not use Customer Content to develop or improve the Services.

3.3 Your Obligations for Customer Content. You are responsible for all Input and represent and warrant that you have all rights, licenses, and permissions required to provide Input to the Services. You are solely responsible for all use of the Outputs and evaluating the Output for accuracy and appropriateness for your use case, including by utilizing human review as appropriate.

3.4 Similarity of Output. You acknowledge that due to the nature of our Services and artificial intelligence generally, Output may not be unique and other users may receive similar content from our services. Responses that are requested by and generated for other users are not considered your Output. Our assignment of Output above does not extend to other users' output or any content delivered as part of a Third Party Offering.

4. Confidentiality

4.1 Use and Nondisclosure. "Confidential Information" means any business, technical or financial information, materials, or other subject matter disclosed by one party ("Discloser") to the other party ("Recipient") that is identified as confidential at the time of disclosure or should be reasonably understood by Recipient to be confidential under the circumstances. For the avoidance of doubt, Confidential Information includes Customer Content. Recipient agrees it will: (a) only use Discloser's Confidential Information to exercise its rights and fulfill its obligations under this Agreement, (b) take reasonable measures to protect the Confidential Information, and (c) not disclose the Confidential Information to any third party except as expressly permitted in this Agreement.

4.2 Exceptions. The obligations in Section 4.1 do not apply to any information that (a) is or becomes generally available to the public through no fault of Recipient, (b) was in Recipient's possession or known by it prior to receipt from Discloser, (c) was rightfully disclosed to Recipient without restriction by a third party, or (d) was independently developed without use of Discloser's Confidential Information. Recipient may disclose Confidential Information only to its employees, contractors, and agents who have a need to know and who are bound by confidentiality obligations at least as restrictive as those of this Agreement. Recipient will be responsible for any breach of this Section 4 by its employees, contractors, and agents. Recipient may disclose Confidential Information to the extent required by law, provided that Recipient uses reasonable efforts to notify Discloser in advance.

5. Security

5.1 Our Security Program. We will maintain an information security program (including the adoption and enforcement of internal policies and procedures) designed to (a) protect the Services and Customer Content against accidental or unlawful loss, access, or disclosure, (b) identify reasonably foreseeable and internal risks to security and unauthorized access, and (c) minimize security risks, including through regular risk assessments and testing.

5.2 Our Security Obligations. As part of our information security program, we will: (a) implement and enforce policies related to electronic, network, and physical monitoring and data storage, transfer, and access; (b) deploy production infrastructure behind VPNs where possible; (c) require multi-factor authentication for employees; (d) configure network security, firewalls, accounts, and resources for least-privilege access; (e) maintain a logging and incident response process; (f) maintain corrective action plans to respond to potential security threats; and (g) conduct periodic reviews of our security and the adequacy of our information security program as aligned to industry best practices and our own policies and procedures.

6. Privacy

6.1 Personal Data. If you use the Services to process personal data, you must (a) provide legally adequate privacy notices and obtain necessary consents for the processing of personal data by the Services, (b) process personal data in accordance with applicable law, and (c) if processing "personal data" or "Personal Information" as defined under applicable data protection laws, execute our Data Processing Addendum by emailing us at data@catalogcrafter.com.

6.2 HIPAA. You agree not to use the Services to create, receive, maintain, transmit, or otherwise process any information that includes or constitutes "Protected Health Information", as defined under the HIPAA Privacy Rule (45 C.F.R. Section 160.103), unless you have signed a Healthcare Addendum and Business Associate Agreement (together, the "Healthcare Addendum") with us prior to creating, receiving, maintaining, transmitting, or otherwise processing this information.

7. Payment; Taxes

7.1 Fees and Billing. You agree to pay all fees charged to your account ("Fees") according to the prices and terms on the Pricing Page, or as otherwise stated in an Order Form. Price changes on the Pricing Page will be effective immediately for all price decreases or changes made for legal reasons. All other price changes will be effective 14 days after they are posted. We have the right to correct pricing errors or mistakes even after issuing an invoice or receiving payment. You authorize us and our third-party payment processor(s) to charge the payment method provided on your account on an agreed-upon periodic basis, but we may reasonably change the date on which the charge is posted. Fees are payable in U.S. dollars and are due upon invoice issuance, unless otherwise agreed in an Order Form. Payments are nonrefundable except as provided in this Agreement.

7.2 Service Credits. You may need to prepay for Services through the purchase of credits ("Service Credits") or we may provide you with promotional Service Credits from time-to-time. All Service Credits are subject to our Service Credit Terms.

7.3 Taxes. Fees are exclusive of taxes, which we will charge as required by applicable law in connection with the Services. We will use the name and address in your account as the place of supply for tax purposes.

7.4 Disputes and Late Payments. To dispute an invoice, you must contact ar@catalogcrafter.com within thirty (30) days of issuance. Overdue undisputed amounts may be subject to a finance charge of 1.5% of the unpaid balance per month, and we may suspend the Services immediately after providing written notice of late payment.

8. Term; Termination

8.1 Term. The term of this Agreement will commence upon the earlier of your online acceptance of these Business Terms, the Effective Date of an Order Form, or the date you first use the Services, and will remain in effect until terminated pursuant to this Section 8 ("Term"). If you purchase a subscription to the Services, the subscription term will automatically renew for successive periods unless either of us gives the other notice of its intent not to renew. That notice must be given at least thirty days before the start of the next renewal period.

8.2 Termination. Unless you purchase Services for a committed duration, you may terminate this Agreement at any time by deleting your account. Both you and Effervescence Group may terminate this Agreement upon written notice (a) if the other party materially breaches this Agreement and does not cure the breach within thirty (30) days after receiving written notice of the breach or (b) if the other party ceases its business operations or becomes subject to insolvency proceedings. We may suspend your or any End User's access to the Services or terminate this Agreement or any Order Form: ( i ) if required to do so by law; (ii) to prevent a security risk or other credible risk of harm or liability to us, the Services, or any third party; or (iii) for repeated or material violations of the Effervescence Group Policies. We will use reasonable efforts to notify you of any suspension or termination and give you the opportunity to resolve the issue prior to suspension or termination.

8.3 Effect of Termination. Termination or expiration will not affect any rights or obligations, including the payment of amounts due, which have accrued under this Agreement up to the date of termination or expiration. Upon termination or expiration of this Agreement, the provisions that are intended by their nature to survive termination will survive and continue in full force and effect in accordance with their terms, including confidentiality obligations, limitations of liability, and disclaimers. Upon termination of this Agreement, we will delete all Customer Content from our systems within 30 days, unless we are legally required to retain it.

9. Warranties; Disclaimer

9.1 Warranties. We warrant that, during the Term, when used in accordance with this Agreement, the Services will conform in all material respects with the documentation we provide to you or otherwise make publicly available.

9.2 Disclaimer. Except for the warranties in this Section 9, the Services are provided "as is" and we and our affiliates and licensors hereby disclaim all warranties, express or implied, including all implied warranties of merchantability, fitness for a particular purpose and title, noninfringement, or quiet enjoyment, and any warranties arising out of course of dealing or trade usage. Despite anything to the contrary, we make no representations or warranties (a) that use of the Services will be uninterrupted, error free, or secure, (b) that defects will be corrected, (c) that Customer Content will be accurate, or (d) with respect to Third Party Offerings.

10. Indemnification

10.1 By Us. We agree to defend and indemnify you for any damages finally awarded by a court of competent jurisdiction and any settlement amounts payable to a third party arising out of a third party claim alleging that the Services (including training data we use to train a model that powers the Services) infringe any third party intellectual property right. This excludes claims to the extent arising from: (a) combination of any Services with products, services, or software not provided by us or on our behalf, (b) fine-tuning, customization, or modification of the Services by any party other than us, (c) the Input or any training data you provide to us, (d) your failure to comply with this Agreement or laws, regulations, or industry standards applicable to you, or (e) Customer Applications (if the claim would not have arisen but for your Customer Application). If we reasonably believe that all or any portion of the Services is likely to become the subject of any infringement claim, we (x) will procure, at our expense, the right for you to continue using the Services in accordance with this Agreement, (y) will replace or modify the allegedly infringing Service so it is non-infringing, or (z), if (x) and (y) are not commercially practicable, we may, in our sole discretion, terminate this Agreement upon written notice to you and refund any prepaid amounts for unused Services. You will promptly comply with all reasonable instructions we provide you with respect to (x) through (y) above, including any instruction to replace, modify, or cease use of an impacted Service.

10.2 By Customer. You agree to indemnify, defend, and hold us and our affiliates and licensors harmless against any liabilities, damages, and costs (including reasonable attorneys' fees) payable to a third party arising out of a third party claim related to (a) use of the Services in violation of this Agreement (including violation of Effervescence Group Policies), (b) Customer Applications (if any), or (c) Input.

10.3 Indemnification Procedure. A party seeking indemnity will provide the indemnifying party with prompt written notice upon becoming aware of any claim, reasonable cooperation in the defense of or investigation of the claim (including preserving and sharing the applicable Customer Content), and allow the indemnifying party sole control of defense and settlement of the claim, provided that the party seeking indemnity is entitled to participate in its own defense at its sole expense. The indemnifying party cannot enter into any settlement or compromise of any claim without prior written consent of the other party, which will not be unreasonably withheld, except that the indemnifying party may without consent enter into any settlement of a claim that resolves the claim without liability to the other party, impairment to any of the other party's rights, or requiring the other party to make any admission of liability. THE REMEDIES IN THIS SECTION 10 ARE THE SOLE AND EXCLUSIVE REMEDIES FOR ANY THIRD PARTY CLAIM THAT THE SERVICES OR CUSTOMER CONTENT INFRINGE INTELLECTUAL PROPERTY RIGHTS.

11. Limitation of Liability

11.1 Limitations on Indirect Damages. Except for ( i ) a party's gross negligence or willful misconduct, (ii) your breach of Section 2 (Restrictions), (iii) either party's breach of its confidentiality obligations under Section 4 (Confidentiality), (iv) our breach of Section 5 (Security), or (v) a party's indemnification obligations under this Agreement, neither you nor Effervescence Group or our respective affiliates or licensors will be liable under this Agreement for any indirect, punitive, incidental, special, consequential, or exemplary damages (including lost profits) even if that party has been advised of the possibility of those damages.

11.2 Liability Cap. Except for ( i ) a party's gross negligence or willful misconduct or (ii) a party's indemnification obligations under this Agreement, each party's total liability under the Agreement will not exceed the total amount you have paid to us in the twelve (12) months immediately prior to the event giving rise to liability. The foregoing limitations will apply despite any failure of essential purpose of any limited remedy and to the maximum extent permitted under applicable law.

12. Trade Controls

You must comply with all applicable trade laws, including sanctions and export control laws. Our Services may not be used in or for the benefit of, or exported or re-exported to (a) any U.S. embargoed country or territory or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. Our Services may not be used for any end use prohibited by applicable trade laws, and your Input may not include material or information that requires a government license for release or export.

13. Dispute Resolution

YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:

13.1 MANDATORY ARBITRATION. You and Effervescence Group agree to resolve any claims arising out of or relating to this Agreement or our Services, regardless of when the claim arose, even if it was before this Agreement existed (a " Dispute "), through final and binding arbitration.

13.2 Informal Dispute Resolution. We would like to understand and try to address your concerns prior to formal legal action. Before either of us files a claim against the other, we both agree to try to resolve the Dispute informally. You agree to do so by sending us notice through dispute@catalogcrafter.com. We will do so by sending you notice to the email address associated with your account. If we are unable to resolve a Dispute within 60 days, either of us has the right to initiate arbitration. We also both agree to attend an individual settlement conference if either party requests one during this time. Any statute of limitations will be tolled during this informal resolution process.

13.3 Arbitration Forum. Both you or Effervescence Group may commence binding arbitration through National Arbitration and Mediation (NAM), an alternative dispute resolution provider, and if NAM is not available, you and Effervescence Group will select an alternative arbitral forum. The initiating party must pay all filing fees for the arbitration and payment for other administrative and arbitrator's costs will be governed by the arbitration provider's rules. If your claim is determined to be frivolous, you are responsible for reimbursing us for all administrative, hearing, and other fees that we have incurred as a result of the frivolous claim.

13.4 Arbitration Procedures. The arbitration will be conducted by telephone, based on written submissions, video conference, or in person in San Francisco, California or at another mutually agreed location. The arbitration will be conducted by a sole arbitrator by NAM under its then-prevailing rules. All issues are for the arbitrator to decide, except a California court has the authority to determine (a) whether any provision of this arbitration agreement should be severed and the consequences of said severance, (b) whether you have complied with conditions precedent to arbitration, and (c) whether an arbitration provider is available to hear the arbitration(s) under Section 13.3. The amount of any settlement offer will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any.

13.5 Exceptions. Nothing in this Agreement requires arbitration of the following claims: (a) individual claims brought in small claims court; and (b) injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement.

13.6 NO CLASS ACTIONS. Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If for any reason a Dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding, or counterclaim. This does not prevent either party from participating in a class-wide settlement of claims.

13.7 Batch Arbitration. If 25 or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar Disputes within 90 days of each other, then you and Effervescence Group agree that NAM will administer them in batches of up to 50 claimants each (" Batch "), unless there are less than 50 claimants in total or after batching, which will comprise a single Batch. NAM will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing held by videoconference or in a location decided by the arbitrator for each Batch. If any part of this section is found to be invalid or unenforceable as to a particular claimant or Batch, it will be severed and arbitrated in individual proceedings.

13.8 Severability. If any part of this Section 13 is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class or representative arbitration, this Section 13 will be unenforceable in its entirety. Nothing in this section will be deemed to waive or otherwise limit the right to seek public injunctive relief or any other non-waivable right, pending a ruling on the substance of that claim from the arbitrator.

14. Modifications to these Business Terms and the Effervescence Group Policies

14.1 Updates. We may update these Business Terms or the Effervescence Group Policies by providing you with reasonable notice, including by posting the update on our website. If, in our sole judgment, an update materially impacts your rights or obligations, we will provide at least 30 days' notice before the update goes into effect, unless the update is necessary for us to comply with applicable law, in which case we will provide you with as much notice as reasonably possible. Any other updates will be effective on the date we post the updated Business Terms or Effervescence Group Policies. Your continued use of, or access to, the Services after an update goes into effect will constitute acceptance of the update. If you do not agree with an update, you may stop using the Services or terminate this Agreement under Section 8.2 (Termination).

14.2 Exceptions to Updates. Except for an update to comply with applicable law, updates to these Business Terms or the Effervescence Group Policies will not apply to: (a) Disputes between you and Effervescence Group arising prior to the update; or (b) Order Forms signed by you and Effervescence Group (as opposed to an automated ordering page) prior to us notifying you of the update. However, to the extent an update relates to a Service or feature launched after an Order Form is signed it will be effective upon your first use of such Service

15. Miscellaneous

15.1 Headings. Headings in these Business Terms are inserted solely for convenience and are not intended to affect the meaning or interpretation of these Business Terms.

15.2 Feedback. If you provide us with feedback regarding the Services ("Feedback"), you grant us the right to use and exploit Feedback without restriction or compensation.

15.3 Publicity. You may use our name and marks to describe your use of the Services solely in accordance with our Brand Guidelines. We will not publicly use your name or marks without your prior written approval.

15.4 U.S. Federal Agency Entities. The Services were developed solely at private expense and are commercial computer software and related documentation within the meaning of the applicable U.S. Federal Acquisition Regulation and agency supplements thereto.

15.5 Entire Agreement. This Agreement is the entire agreement between you and Effervescence Group with respect to its subject matter and supersedes all prior or contemporaneous agreements, communications and understandings, whether written or oral. You agree that any terms and conditions contained within any purchase order you send to us will not apply to this Agreement and are null and void.

15.6 Relationship of the Parties. For all purposes under this Agreement, you and Effervescence Group will be and act as an independent contractor and will not bind nor attempt to bind the other to any contract.

15.7 No Third Party Beneficiaries. There are no intended third-party beneficiaries to this Agreement, and it is your and Effervescence Group's specific intent that nothing contained in this Agreement will give rise to any right or cause of action, contractual or otherwise, in or on behalf of any third party.

15.8 Force Majeure. Except for payment obligations, neither you nor Effervescence Group will have any liability for failures or delays resulting from conditions beyond your or Effervescence Group's reasonable control, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, or power failures.

15.9 Assignment. This Agreement cannot be assigned other than as permitted under this Section 15.9 (Assignment). We may assign this Agreement to an affiliate without notice or your consent. Both you and Effervescence Group may assign this Agreement to a successor to substantially all the respective party's assets or business, provided that the assigning party provides reasonable (at least 30 days) prior written notice of the assignment. This Agreement will be binding upon the parties and their respective successors and permitted assigns.

15.10 Notices. All notices will be in writing. We may provide you notice using the registration information or the email address associated with your account. Service will be deemed given on the date of receipt if delivered by email or on the date sent via courier if delivered by post. We accept service of process at this address: Effervescence Group Inc., 6015 Nicklaus CV, Bradenton, FL, 34211, Attn: info@catalogcrafter.com.

15.11 Severability. In the event that any provision of this Agreement is determined to be illegal or unenforceable, that provision will be limited or eliminated so that this Agreement will otherwise remain in full force and effect and enforceable.

15.12 Jurisdiction, Venue, and Choice of Law. This Agreement will be governed by the laws of the State of Florida. Except as provided in the Section 13 (Dispute Resolution), all claims arising out of or relating to this Agreement will be brought exclusively in the federal or state courts of Florida, USA.