Terms of Use

These Terms of Use (these “Terms”) are an agreement between you and Multifactor, Inc. (“Company”, “us”, “our”, and “we”). They govern your use of the website located at multifactor.com and our other websites (the “Site”), and of our web applications, browser extensions, desktop and mobile applications, APIs, integrations for software agents, and the other products and services we offer through any of them (together with the Site, the “Services”). The Site is a copyrighted work belonging to Company. Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SERVICES. BY ACCESSING OR USING THE SERVICES, OR BY CHECKING A BOX OR CLICKING A BUTTON TO ACCEPT THESE TERMS, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SERVICES OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SERVICES.

PLEASE BE AWARE THAT SECTION 11.2 CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND COMPANY. AMONG OTHER THINGS, SECTION 11.2 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 11.2 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 11.2 CAREFULLY.

UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

Key Terms in Plain Language

This summary highlights the terms that are most likely to affect you. It is here to help you read the Terms, not to replace them: if anything in this summary differs from the full Terms below, the full Terms control.

  • We store sensitive data for the accounts you add. To sign in and share access for you, the Services store the usernames, passwords, one-time codes, authenticator secrets, passkeys, recovery codes, and signed-in session data (such as cookies) for the accounts you add. Some features decrypt this data on our systems while they work for you. See Sections 2.2 and 2.3.
  • We act on your behalf, including with automated software and AI. When you use the Services, you authorize us to sign in to and use your accounts with other services as your agent, as you direct. Automated and AI-driven actions can make mistakes. See Sections 2.3 and 2.7.
  • The Services may change how you sign in to your other accounts. With your permission, the Services may add passkeys, set up two-factor authentication that we control, move sign-in codes to addresses or numbers we provide, or change passwords. After that, those accounts can be harder to use without the Services. See Section 2.4.
  • Leaving can cost you access. If you delete your Account, remove an account from the Services, or stop using the Services without first restoring your own access, you can lose access to those accounts. Deleted data cannot be recovered. See Sections 2.5 and 9.
  • Other services have their own rules. Some websites prohibit bots, automated access, shared accounts, or access from remote browsers. They may lock, suspend, or ban your account because you used the Services. You are responsible for following their terms, and we are not responsible for what they do. See Section 2.6.
  • Protective features are not guarantees. Access policies, activity monitoring, and similar protective features can miss things, and websites change in ways that can make those features out of date. Do not rely on them as your only protection. See Sections 2.8 and 7.
  • You are responsible for the people and agents you share with. Anyone with a link you create, and any person or software agent you give access to, can act in your accounts within the limits you set. See Sections 1.4 and 2.9.
  • Our liability is limited, and disputes go to individual arbitration. Sections 7 and 8 limit our warranties and liability. Section 11.2 requires most disputes to be resolved by individual arbitration and waives class actions and jury trials, unless you opt out within 30 days.

How we handle personal information is described in our Privacy Policy.

1. Accounts

1.1 Account Creation. In order to use certain features of the Services, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions in the Services, but please read Section 2.5 first. Company may suspend or terminate your Account in accordance with Section 9.

1.2 Account Responsibilities. You are responsible for maintaining the confidentiality and security of your Account login information and of the devices, passkeys, and other factors you use to sign in, and you are fully responsible for all activities that occur under your Account. Some of our security designs mean that if you lose every way of signing in to your Account, we may be unable to restore your access or your data. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

1.3 Text Messages (SMS). Certain features of the Site and the Services, including Solid2FA, can send text messages to a mobile telephone number that you provide. Text messaging is optional: you may create an Account and use the Site and the Services without consenting to receive text messages, and consent to receive text messages is not a condition of purchasing any goods or services from Company. If you provide a mobile telephone number and opt in to text messaging, our text messaging program and your consent are governed by our SMS Consent and Text Messaging Terms (the “SMS Terms”), available at multifactor.com/legal/sms-consent and incorporated by reference into these Terms. Among other things, the SMS Terms provide that message frequency varies; that message and data rates may apply and that you are responsible for any charges your wireless carrier imposes for text messages you receive from us; and that you may opt out at any time by replying STOP to any text message from us (or reply HELP for help). You represent and warrant that any mobile telephone number you provide belongs to you or that you are otherwise authorized to consent to receive text messages at that number, and you agree to promptly update or remove the number if it changes or you stop using it.

1.4 Organizations and Shared Access. If you use the Services on behalf of an organization, you represent that you are authorized to bind that organization to these Terms, and “you” includes that organization. An organization’s administrators may be able to add and remove members, control access to accounts the organization manages, and view activity. If you give another person, a team, or a software agent (such as an AI assistant) access to an account through the Services, including through a link, you are responsible for choosing whom to share with, for the access level you choose, for their use of that access, and for revoking access when it is no longer needed. Anyone who has a link and any key needed to open it may be able to use the shared account within the limits the link allows, without having an Account of their own.

2. Your Third-Party Accounts and How the Services Use Them

2.1 Third-Party Accounts. The Services help you store, sign in to, protect, and share access to accounts that you hold with websites, applications, and other services that we do not own or control (each a “Third-Party Service”, and each such account a “Third-Party Account”). You may add a Third-Party Account to the Services only if it belongs to you or you are authorized by its owner and by the Third-Party Service to manage it and to let us act on it as described in these Terms.

2.2 Account Data We Store. To provide the Services, we store and process information about your Third-Party Accounts (“Account Data”), which may include: usernames, email addresses, and phone numbers used to sign in; passwords; authenticator (TOTP) secrets and one-time codes; passkeys and their private keys; recovery codes; sign-in steps and settings for each Third-Party Service; messages and codes that Third-Party Services send to email addresses or telephone numbers that we provide to you; and signed-in session data, such as cookies and browser storage, that keeps you signed in. Account Data is encrypted, and in many cases it can be decrypted only on your devices. However, some features (for example, signing in when you are not present, keeping shared sessions signed in, and letting software agents use an account without seeing its password) require Account Data to be decrypted within our systems or within secure computing environments that we operate, while the feature works for you. Our Privacy Policy describes how we handle Account Data.

2.3 Authorization to Act on Your Behalf. You appoint Company as your limited agent to access, sign in to, and use your Third-Party Accounts on your behalf, as you direct through the Services and as needed to provide the features you use. This includes, for example, signing in with your credentials, entering one-time codes, keeping sessions signed in, checking that your saved credentials still work, and letting the people and software agents you choose use an account within the limits you set. We may do these things using automated software, remote (cloud-hosted) browsers, proxy servers, and AI models, and some actions may happen on a schedule when you are not present. You represent and warrant that you have the right to give us this authorization, and you are responsible for the actions taken in your Third-Party Accounts through the Services at your direction or by people and agents you have given access to.

2.4 Changes to Your Third-Party Accounts. Some features of the Services work by changing how you sign in to a Third-Party Account. With your permission, the Services may, for example: (a) register a passkey or security key that is held by the Services; (b) set up or replace two-factor authentication (such as an authenticator app) using a secret that is held by the Services; (c) change the email address or telephone number on the account, or where its sign-in codes are sent, to an address or number that we provide; (d) change or rotate the account’s password; and (e) sign out other sessions or change other sign-in or recovery settings. We will ask for your permission before a feature makes a change like this, and by giving it you authorize the change. You understand that after such a change, it may be difficult or impossible to sign in to the Third-Party Account, recover it, or receive its messages without the Services, and that a Third-Party Service may treat the change as suspicious. Where we offer a way to undo a change or to view the credentials we hold, it may not work for every Third-Party Service, for example because the Third-Party Service has changed.

2.5 Leaving the Services and Loss of Access. Before you delete your Account, remove a Third-Party Account from the Services, or stop using the Services, you are responsible for restoring your own direct access to each affected Third-Party Account. That can include exporting or recording your credentials, setting a new password, adding a passkey or authenticator that you control, removing passkeys and authenticators held by the Services, and changing email addresses and telephone numbers back to your own. Addresses and telephone numbers that we provide belong to us, stop working for you when you leave the Services or remove the account (and may stop working earlier as described in the SMS Terms), and cannot be transferred to you. If you do not restore your access first, you may permanently lose access to those Third-Party Accounts. Once your Account or Account Data is deleted, we may be unable to recover it, and we have no obligation to help you regain access to any Third-Party Account. Deleting an account from the Services does not undo actions already taken in the Third-Party Account.

2.6 Third-Party Terms, Bots, and Account Restrictions. Your use of each Third-Party Service is governed by your agreement with that Third-Party Service, not by us. Many Third-Party Services restrict or prohibit automated access, bots, and software agents; sharing accounts or passwords; accessing an account from multiple people, locations, remote browsers, or proxy servers; or using third-party tools to manage sign-in. Using the Services with a Third-Party Account may breach that Third-Party Service’s terms, and the Third-Party Service may respond by requiring extra verification, limiting features, locking, suspending, or permanently banning your account, or taking other action against you. You are solely responsible for reviewing and complying with the terms of each Third-Party Service you use with the Services, and for deciding whether to use the Services with it. We do not review those terms for you, we do not represent that any use of the Services complies with them, and, to the maximum extent permitted by law, we are not responsible for any violation of a Third-Party Service’s terms that results from your use of the Services, or for any action a Third-Party Service takes against you or your account.

2.7 Automated and AI-Assisted Actions. Some features use automated software and AI models to read and interact with Third-Party Services, for example to find and complete sign-in steps or to describe activity in an account. Automated and AI-assisted actions can be inaccurate, incomplete, or unexpected; they can click the wrong control, enter information in the wrong place, fail partway through, or describe activity incorrectly. You are responsible for reviewing the results that matter to you, and for the instructions you and the software agents you authorize give the Services. We are not responsible for losses caused by automated or AI-assisted actions taken as you directed or within the access you granted.

2.8 Access Policies and Protective Features. The Services may include features that limit, monitor, block, or report what people and software agents can do in a shared Third-Party Account, such as access levels, blocked actions, approval steps, activity logs, and security checks of websites (together, “Protective Features”). Protective Features depend on how each Third-Party Service works at a given time. Third-Party Services change often, and when they do, a Protective Feature can stop working, become out of date, or miss an action without warning. Protective Features are provided to reduce risk, not to eliminate it: we do not guarantee that any Protective Feature will prevent, detect, or accurately record any action, or that it will keep any account, data, or person secure. Do not share access with anyone you would not trust with that access if a Protective Feature failed.

2.9 Sharing and Links. When you share access to a Third-Party Account, the recipient may be able to see and do things in that account (within the access level you choose) and may see information in it. Links and keys can be forwarded or leaked. You should revoke links and access you no longer need, and you are responsible for sharing only in ways that you are allowed to under the Third-Party Service’s terms and applicable law. Activity in a shared session may be logged and shown to you and, where applicable, to your organization.

2.10 No Guarantee Third-Party Services Keep Working. Third-Party Services are outside our control. They can change their sign-in methods, block automated or remote access, go offline, or close your account at any time. We do not guarantee that the Services will work with any particular Third-Party Service, or will continue to work with it, or that your Third-Party Accounts will remain accessible.

3. Access to the Services

3.1 License. Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Services solely for your own personal use or, if you use the Services on behalf of an organization, for that organization’s internal business purposes.

3.2 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, whether in whole or in part, or any content displayed on the Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services, except to the extent applicable law expressly permits it despite this restriction; (c) you shall not access the Services in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Services shall be subject to these Terms. All copyright and other proprietary notices on the Services (or on any content displayed on the Services) must be retained on all copies thereof.

3.3 Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof. Features labeled “alpha”, “beta”, “preview”, “early access”, or similar are pre-release features that may change or be withdrawn at any time and are used at your own risk.

3.4 No Support or Maintenance. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Services.

3.5 Ownership. Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Services and their content are owned by Company or Company’s suppliers. Neither these Terms (nor your access to the Services) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 3.1. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

3.6 Feedback. If you provide Company with any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.

4. User Content and Account Data

4.1 User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Services (e.g., content in the user’s profile, Account Data, and notes or other information the user adds). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 4.3). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Since you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire, including by using any export feature we provide.

4.2 License. You hereby grant (and you represent and warrant that you have the right to grant) to Company a nonexclusive, royalty-free and fully paid, worldwide license to host, store, copy, transmit, display, process, and otherwise use your User Content, and to permit our service providers to do so on our behalf, solely as needed to provide, secure, maintain, and improve the Services, to comply with law, and as otherwise described in our Privacy Policy. This license ends when your User Content is deleted from the Services, except for copies we keep as described in our Privacy Policy (for example, in backups or to comply with law). We do not sell your Account Data, and we do not use your credentials, one-time codes, or passkeys to train AI models. To the extent permitted by law, you waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

4.3 Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:

  1. You agree not to use the Services to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable, (iii) that is harmful to minors in any way, or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

  2. In addition, you agree not to: (i) upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Services to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Services; or (vii) use software or automated agents or scripts to produce multiple accounts on the Services, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Services, other than through the interfaces and integrations for software agents that we provide for that purpose (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).

  3. You also agree not to use the Services to: (i) access, sign in to, or share any account that you do not own or are not authorized to manage; (ii) test or use stolen, leaked, or guessed credentials, or otherwise attempt to take over anyone else’s account; (iii) defeat, bypass, or evade the security measures, rate limits, or access controls of any Third-Party Service in a way that is unlawful; (iv) commit fraud, create fake or bulk accounts, or manipulate reviews, votes, promotions, or similar systems; or (v) receive codes or messages at an address or telephone number we provide for any purpose other than signing in to and managing your own accounts.

4.4 Enforcement. We reserve the right (but have no obligation) to review, refuse and/or remove any User Content in our sole discretion, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 9, and/or reporting you to law enforcement authorities.

5. Indemnification

You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party (including any Third-Party Service) due to or arising out of (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, (d) your User Content, or (e) your violation of the terms of any Third-Party Service, including through use of the Services. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

6. Third-Party Links & Ads; Other Users

6.1 Third-Party Links & Ads. The Services may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads. The same applies to Third-Party Services, as described in Section 2.

6.2 Other Users. Each user of the Services is solely responsible for any and all of its own User Content and for its own use of any access shared with it. Since we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, appropriateness, or quality of any User Content. Your interactions with other users, including people you share access with or who share access with you, are solely between you and such users. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any other user, we are under no obligation to become involved.

6.3 Release. You hereby release and forever discharge Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, any interactions with, or act or omission of, other users of the Services, any Third-Party Links & Ads, or any Third-Party Service (including any action a Third-Party Service takes against you or your account). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

7. Disclaimers

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO 90 DAYS FROM THE DATE OF FIRST USE.

WITHOUT LIMITING THE FOREGOING, WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT: (A) THE SERVICES WILL WORK WITH ANY THIRD-PARTY SERVICE, OR THAT ANY THIRD-PARTY SERVICE WILL PERMIT YOUR USE OF THE SERVICES WITH IT; (B) YOUR THIRD-PARTY ACCOUNTS WILL REMAIN ACCESSIBLE, OR WILL NOT BE LOCKED, SUSPENDED, OR BANNED; (C) ANY AUTOMATED OR AI-ASSISTED ACTION OR OUTPUT WILL BE ACCURATE OR COMPLETE; (D) ANY PROTECTIVE FEATURE WILL PREVENT, DETECT, OR ACCURATELY RECORD ANY ACTION, OR REMAIN EFFECTIVE AS THIRD-PARTY SERVICES CHANGE; OR (E) YOUR ACCOUNT DATA OR OTHER INFORMATION WILL NOT BE ACCESSED, DISCLOSED, ALTERED, OR LOST. NO SECURITY MEASURE IS PERFECT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

8. Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, LOSS OF ACCESS TO ANY THIRD-PARTY ACCOUNT, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, INCLUDING ANY ACTION TAKEN BY A THIRD-PARTY SERVICE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) FIFTY US DOLLARS. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS OR EXCLUDES LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, SUCH AS LIABILITY FOR FRAUD OR, WHERE APPLICABLE LAW SO PROVIDES, FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

9. Term, Termination, and Leaving the Services

9.1 Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Services. We may suspend or terminate your rights to use the Services (including your Account) at any time for any reason at our sole discretion, including for any use of the Services in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Services will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content, including your Account Data, from our live databases, and that this can cause the loss of access described in Section 2.5. Unless we reasonably believe that acting without notice is necessary (for example, to address fraud, abuse, a security risk, or a legal requirement), we will use reasonable efforts to give you notice and an opportunity to export your Account Data before we terminate your Account for reasons other than your breach of these Terms. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content.

9.2 Deleting Your Account. You can delete your Account or remove individual Third-Party Accounts at any time through the Services. When you do, we stop using the deleted information to provide the Services and delete or de-identify it as described in our Privacy Policy, which also explains what we may keep (for example, in backups, in security and audit records, or to comply with law). Before deleting, follow Section 2.5.

9.3 Survival. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.4 through 2.10, Sections 3.2 through 3.6, Section 4, and Sections 5 through 11.

Company respects the intellectual property of others and asks that users of our Services do the same. In connection with our Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent, by email to [email protected] or by mail to Multifactor, Inc., Attn: Copyright Agent, 131 Continental Dr, Suite 305, Newark, Delaware 19713:

  1. your physical or electronic signature;
  2. identification of the copyrighted work(s) that you claim to have been infringed;
  3. identification of the material on our services that you claim is infringing and that you request us to remove;
  4. sufficient information to permit us to locate such material;
  5. your address, telephone number, and e-mail address;
  6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
  7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

11. General

11.1 Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), by prominently posting notice of the changes on our Site, and/or by asking you to review and accept the updated Terms in the Services. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Services following notice of such changes, or your acceptance of the updated Terms in the Services, shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Changes to the Arbitration Agreement are also subject to Section 11.2.11.

11.2 Dispute Resolution. Please read the following arbitration agreement in this Section (the “Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Company, its parent companies, subsidiaries, affiliates, successors and assigns and all of their respective officers, directors, employees, agents, and representatives (collectively, the “Company Parties”) and limits the manner in which you can seek relief from the Company Parties*.*

11.2.1 Applicability of Arbitration Agreement. You agree that any dispute between you and any of the Company Parties relating in any way to the Site, the Services or these Terms will be resolved by binding arbitration, rather than in court, except that (1) you and the Company Parties may assert individualized claims in small claims court if the claims qualify, remain in such court and advance solely on an individual, non-class basis; and (2) you or the Company Parties may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall survive the expiration or termination of these Terms and shall apply, without limitation, to all claims that arose or were asserted before you agreed to these Terms (in accordance with the preamble) or any prior version of these Terms. This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief against the Company Parties on your behalf. For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Agreement as well as claims that may arise after the termination of these Terms.

11.2.2 Informal Dispute Resolution. There might be instances when a Dispute arises between you and Company. If that occurs, Company is committed to working with you to reach a reasonable resolution. You and Company agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome. You and Company therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.

The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to Company that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to: [email protected], or by regular mail to 131 Continental Dr, Suite 305, Newark, Delaware 19713. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute.

The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.

11.2.3 Arbitration Rules and Forum. These Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution Process described above does not resolve satisfactorily within 60 days after receipt of your Notice, you and Company agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims with an amount in controversy under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’ most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.

If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.

Unless you and Company otherwise agree, or the Batch Arbitration process discussed in Subsection 11.2.8 is triggered, the arbitration will be conducted in the county where you reside. Subject to the JAMS Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any JAMS fees and costs will be solely as set forth in the applicable JAMS Rules.

You and Company agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.

11.2.4 Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve all disputes subject to arbitration hereunder including, without limitation, any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to the subsection entitled “Waiver of Class or Other Non-Individualized Relief,” including any claim that all or part of the subsection entitled “Waiver of Class or Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such subsection entitled “Waiver of Class or Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in the subsection entitled “Batch Arbitration,” all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in the subsection entitled “Batch Arbitration.” The arbitrator shall have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual party under applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.

11.2.5 Waiver of Jury Trial. EXCEPT AS SPECIFIED IN SECTION 11.2.1 YOU AND THE COMPANY PARTIES HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and the Company Parties are instead electing that all covered claims and disputes shall be resolved exclusively by arbitration under this Arbitration Agreement, except as specified in Section 11.2.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

11.2.6 Waiver of Class or Other Non-Individualized Relief. YOU AND COMPANY AGREE THAT, EXCEPT AS SPECIFIED IN SUBSECTION 11.2.8 EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the Subsection 11.2.8 entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this subsection, “Waiver of Class or Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Company agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of Delaware. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or Company from participating in a class-wide settlement of claims.

11.2.7 Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Company need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution Process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.

11.2.8 Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Company agree that in the event that there are 100 or more individual Requests of a substantially similar nature filed against Company by or with the assistance of the same law firm, group of law firms, or organizations, within a 30 day period (or as soon as possible thereafter), the JAMS shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).

All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the JAMS, and the JAMS shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Company.

You and Company agree to cooperate in good faith with the JAMS to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.

This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

11.2.9 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending a timely written notice of your decision to opt out to the following address: 131 Continental Dr, Suite 305, Newark, Delaware 19713, or email to [email protected], within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address and a clear statement that you want to opt out of this Arbitration Agreement. If you opt out of this 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 other arbitration agreements that you may currently have with us, or may enter into in the future with us.

11.2.10 Invalidity, Expiration. Except as provided in the subsection entitled “Waiver of Class or Other Non-Individualized Relief”, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with Company as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.

11.2.11 Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if Company makes any future material change to this Arbitration Agreement, you may reject that change within 30 days of such change becoming effective by writing Company at the following address: 131 Continental Dr, Suite 305, Newark, Delaware 19713, or email to [email protected]. Unless you reject the change within 30 days of such change becoming effective by writing to Company in accordance with the foregoing, your continued use of the Site and/or Services, including the acceptance of products and services offered on the Site following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of these Terms and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Services or of the Site, any communications you receive, any products sold or distributed through the Site, the Services, or these Terms, the provisions of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms) remain in full force and effect. Company will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms. 11.3 Governing Law; Users Outside the United States. These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles, except that the Federal Arbitration Act governs the Arbitration Agreement as described in Section 11.2.3. If you are a consumer who lives in the European Economic Area, the United Kingdom, or Switzerland, or in another country whose mandatory laws give you rights that these Terms cannot take away: (a) nothing in these Terms limits those rights, including your statutory rights regarding the quality and conformity of digital services and any liability that cannot be limited under your local law; (b) you also benefit from the mandatory provisions of the law of the country where you live; and (c) the Arbitration Agreement and the class action waiver in Section 11.2 do not apply to you to the extent your local law does not permit them, and you may bring claims in the courts of the country where you live.

11.4 Export. The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.

11.5 Disclosures. Company is located at the address in Section 11.9. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

11.6 Electronic Communications. The communications between you and Company use electronic means, whether you use the Services or send us emails, or whether Company posts notices on the Site or in the Services or communicates with you via email or, if you have opted in under Section 1.3, text message. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.

11.7 Entire Terms. These Terms (together with the SMS Terms and the other terms incorporated by reference) constitute the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms, and the “Key Terms in Plain Language” summary, are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Except for the limited agency you grant in Section 2.3 so that we can act in your Third-Party Accounts on your behalf, your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

11.8 Copyright/Trademark Information. Copyright © 2026 Multifactor, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks. Names and logos of Third-Party Services appear in the Services only to identify those services; their use does not mean that the owners endorse or are affiliated with Company.

11.9 Contact Information. Multifactor, Inc., 131 Continental Dr, Suite 305, Newark, Delaware 19713. If you have any questions regarding these Terms of Use or the practices of the Services, please contact us by sending an email to [email protected].

Last Updated: These Terms of Use were last updated on September 28, 2026.