< LEGAL

Terms of Service

last updated: november 2026

1. Introduction

1.1 Scope and Acceptance. These Terms of Service (the “Terms”) govern your (“you” or “User”) access to and use of the Platform and Contributions and your participation in the Network. As used herein, “we”, “us”, and “ambient” refer to Glow Tech, Inc., a Delaware corporation with its principal place of business at 115 East 23rd Street, New York, NY 10010.

1.2 Binding Contract. Please read these Terms carefully as they constitute a binding legal contract between you and ambient. By sending us your sign-up text or any other text in which you accept these Terms, by signing in with LinkedIn, by accepting these Terms in any other way, by using the Platform in any way, by accepting an invitation to provide a Contribution, or by providing, receiving, or requesting Learnings or by participating in any Contribution, you acknowledge that you have read, understood, and agree and consent to these Terms in each capacity in which you act. Section 19 contains a mandatory binding arbitration agreement and a class action and jury trial waiver. If you do not comply with these Terms, ambient may take appropriate action, including suspension or termination of your access to the Platform. If you do not agree to these Terms, you do not have the right to access or use the Platform and you shall refrain from doing so.

2. The Network and the Platform

2.1 The Network. ambient provides access to a network and community of experts, entrepreneurs, clients and like-minded users (the “Network”) with a view to allowing them to seek and provide support, learnings, insights, review, guidance and introductions (“Learnings”) from and to the users and other members of the Network.

2.2 The Platform. ambient provides certain technology and activities supporting the Network, including member verification and matching, and the provision of other AI Tools described in Section 5 (the foregoing together with the Network, the “Platform”).

2.3 Users. You may both provide Contributions to (as a User Expert), and request or receive Contributions from (as a User Beneficiary), the other users of the Platform and members of the Network.

2.4 Contributions. “Contribution” means each instance in which a User (the “User Expert”) provides Learnings or other expert contributions to another User (the “User Beneficiary”), including an audio or video consultation, report, delivery of discrete tasks, and/or review, analysis, and annotation of Materials. References in these Terms to a Contribution include the Learnings provided in it.

2.5 Materials. “Materials” means any pitch decks, presentations, documents, data, financial or business information, content, work product or other materials that a User makes available on or through the Platform or in connection with a Contribution.

2.6 Roles. You may act as a User Expert, as a User Beneficiary, or as both. These Terms apply to you in each and both capacities.

3. Contributions and Lev

3.1 No Remuneration. Contributions are provided free of charge, and no User is entitled to seek any remuneration for Contributions, whether on the Platform or outside of it. You are not entitled to any type of payment resulting from your Contributions. ambient may introduce paid features in the future subject to Additional Terms.

3.2 Lev. Users receive points within the Platform called “Lev”. Every User starts with zero (0) Lev. A User earns one (1) Lev when written work they delivered is rated 4 or 5 (or is not rated within three (3) days), when they send an introduction email for a request with ambient on CC, or when a founder they invited is verified within thirty (30) days of that founder’s first text. A User spends Lev to have their own requests matched. Lev are not exchangeable, fungible or transferable, have no monetary value and are not a method of payment, but only a means of keeping track of each User’s involvement with the Network. ambient may at any time, in its sole discretion and without liability, change how Lev are awarded or used, or adjust, expire, suspend or cancel Lev.

3.3 Use of the Platform. The Platform may set or facilitate the scope, deadline and, where relevant, scheduling of each Contribution, but the Users concerned are solely responsible for each Contribution. You must arrange and perform all Contributions through the Platform, regardless of whether it is a new Contribution or a follow-up to a previous Contribution, and you will not communicate with any User about a Contribution outside the Platform except as arranged through the Platform.

3.4 Third Parties. You may not invite or involve any third parties in any Contribution without obtaining prior written consent from ambient and the other User participating in the Contribution. This Section 3.4 does not apply to a person to whom a User Expert introduces a User Beneficiary by email, sent from the User Expert’s own email address with ambient on CC. You are solely responsible for any acts or omissions of a third party involved in violation of this provision. Any such third party must first accept these Terms.

3.5 No Selling to Users. You will not use the Platform to sell to other Users or to solicit paid work from them. If you receive another User’s name and phone number, you will use them only to connect with that User, and you will not share them, add them to a list or use them for marketing.

4. Eligibility and User Information

4.1 Eligibility. You must be at least eighteen (18) years of age and legally capable of entering into binding contracts to use the Platform and the Contributions. You represent and warrant that you are entering into these Terms as an individual on your own behalf, and you may request and receive Contributions for a company you founded. ambient admits verified founders and may admit other people case by case, such as investors, past founders, employees and students. ambient may decline anyone at its sole discretion.

4.2 User Information. To create the best matches between Users and to allow a proper experience on the Platform, we collect, process and maintain information about you, including, without limitation, your biographical information, contact details, professional background, areas of expertise, metrics related to your Contributions, your location, time zone, and availability (“User Information”). We may source some of the User Information from you, as well as from third-party data sources and publicly available information. You consent to the foregoing. You must maintain complete and accurate User Information and promptly update it as changes occur.

4.3 Use and Sharing of User Information. ambient may use your User Information to identify Users and Contributions that may match your background, experience and needs. Other Users see you only as “Node” plus a number, with your stage, B2B or B2C, and industry, and what you choose to share in a request. ambient shares your name and phone number with another User only after a Contribution between you is rated 4 or 5 and you both say yes. Your User Information is processed in accordance with the ambient Privacy Policy.

4.4 Communications and Text Messages. You consent to ambient and the AI Tools communicating with you about the Platform, matches, Contributions and potential Contribution opportunities via email, phone, text message, or other electronic means. Message and data rates may apply.

4.5 Privacy Policy. The ambient Privacy Policy describes how ambient collects, uses and shares your personal data, including in connection with the AI Tools, and sets out your rights in relation to that data.

5. AI Tools

5.1 AI Transparency Disclosure. The ambient you text is an AI agent, and some of the messages you receive from ambient are written by AI. ambient uses artificial intelligence, machine learning, large language models, and other automated decision-making and generative technologies (together, “AI Tools”), to identify, evaluate, screen, rank and match Users, to keep member records up to date, to identify Contribution opportunities and, at your request, to contact other Users and to send and receive your Materials. Users may use these AI Tools to assist in the preparation, summarization, review or communication of Materials and to provide Contributions. Matching decisions made through the Platform may involve a combination of AI Tools and human review by ambient personnel. You hereby consent to the use of AI Tools. No message from ambient, whether written by AI or not, can change these Terms or bind ambient to anything that is not in them.

6. Relationship of the Parties

6.1 No Agency or Similar Relationship. Nothing in these Terms, and nothing in your use of the Platform or your participation in the Network, creates or shall be deemed to create any agency, employment, contractor, partnership, franchise, fiduciary, joint venture or similar relationship between you and ambient, between you and any other User, or between ambient and any other User. No party has any authority to act for, bind, make any representation or commitment on behalf of, or incur any obligation or liability on behalf of any other party, and no party shall hold itself out as the agent, partner or representative of any other party. You are solely responsible for all taxes, withholdings, and required filings, if any, resulting from your use of the Platform and the provision and/or use of the Contributions. You will not make any claim for employment benefits in relation to any activities hereunder.

7. Informational Purposes Only

7.1 Informational Purposes Only. All Contributions, insights, knowledge, or opinions exchanged on this Platform represent the individual perspectives of the User Expert and do not constitute professional guidance. User Experts must not offer, and User Beneficiaries must not solicit or treat any content as: (a) formal legal, medical, financial, tax, or accounting advice (regardless of the professional background of the Users); (b) endorsements or directives to purchase or trade any assets, securities, or goods; or (c) formal appraisals or valuations to be used for decision-making.

8. Conflicts of Interest, MNPI and Restricted Contributions

8.1 Responsibility for Conflicts. You are solely responsible for evaluating whether requesting, accepting, or participating in any Contribution, or disclosing or reviewing any Materials, may present a conflict of interest or could lead to a violation of any applicable laws, these Terms, or your obligations to past or present employers, clients, investors, or any other third parties, including contractual, fiduciary, or confidentiality obligations. ambient is not liable for any conflict of interest or violation arising from a User’s participation in or use of a Contribution. If you identify such a conflict or potential violation, you must decline, withdraw, or promptly terminate the Contribution and notify ambient.

8.2 Restricted Contributions. When acting as a User Expert, you will not accept or participate in any Contribution, and shall notify ambient, in any of the following cases:

8.3 Material Non-Public Information. You will not unlawfully disclose, or solicit the unauthorized disclosure of, material non-public information as defined under applicable securities laws (“MNPI”). If you become aware that a Contribution involves or may elicit unauthorized MNPI, you will immediately stop the discussion and immediately notify us. If you receive or learn of any MNPI through any Contribution or otherwise through the Network, you must abide by all applicable securities and insider-trading laws, including all restrictions and prohibitions against trading, tipping, or making investment decisions based on such MNPI.

9. Monitoring and Content Moderation

9.1 Right to Review. While we are not obligated to do so, we reserve the right to monitor your Contributions and associated communications to ensure they align with these Terms, and you explicitly consent to this oversight. We may evaluate your Contributions using AI Tools or other analytical software, apply technical and forensic processes to validate their origin and authenticity, or have our personnel conduct manual reviews. This human review may include quality checks or directly interviewing you and other Users regarding the foundation of your Learnings.

9.2 Content Moderation. ambient has the right to review, disable access to, remove, or edit User Content and other Materials to: (i) operate, secure and improve the Platform; (ii) ensure Users’ compliance with these Terms; (iii) comply with applicable law; (iv) address content that we determine is harmful or objectionable; and (v) take any actions as set out in these Terms. If you believe that content on the Platform infringes your copyright, send a notice to legal@textambient.com. ambient may remove the content and may terminate the accounts of Users who repeatedly infringe.

10. Confidentiality

10.1 Definition. You must strictly protect and hold in confidence all Materials and non-public, proprietary, or confidential information you gain access to through the Platform or during any Contribution or Learning (collectively, "Confidential Information"). Except for information that becomes publicly available through no breach or fault of your own, Confidential Information universally encompasses: (i) all data related to a Contribution, including its nature, topics, discussions, Learnings, opinions, and Materials; (ii) the identities, contact details, business interests, and activities of other Users; and (iii) any sensitive or proprietary information disclosed by ambient or its Users that should reasonably be considered confidential, including details concerning technology, business operations, products, or services.

10.2 Obligations. You may use Confidential Information only for the Contribution for which it was disclosed. You will safeguard Confidential Information using at least the same degree of care that you use to protect your own confidential information of a similar nature, and in no event less than a reasonable degree of care. You may not disclose Confidential Information to any third party, and you may not disclose Confidential Information of one User to any other User or to any other person or entity. This does not prevent a User Expert from sending the User Beneficiary’s teaser, as written, in an introduction email that the User Beneficiary asked for. Without limiting the foregoing, you may not use any Confidential Information for your own commercial, competitive, or personal benefit or that of any third party, to compete with the disclosing User, to train any external artificial intelligence model, or for personal gain, including trading securities or making investment decisions. Notwithstanding the foregoing or anything else in this Section 10, a User Beneficiary may use the Learnings and Contributions provided to it, and any Materials created for it in a Contribution (including Materials assigned under Section 11.4), for its own purposes, including its own commercial purposes, and may disclose them to the extent reasonably necessary for such use, provided that such use and disclosure comply with Section 8.3 and applicable law. If you are legally required to disclose Confidential Information by court order, subpoena, regulatory authority, or applicable law, you shall (a) to the extent legally permitted, promptly notify ambient and any applicable User in writing prior to any such disclosure so the owner of the Confidential Information may seek a protective order or other appropriate remedy, (b) reasonably cooperate with ambient or such User in seeking such protective order at their expense, and (c) thereafter disclose only the minimum amount legally required. Upon request, you shall return or destroy all Confidential Information and, if requested, certify completion of such in writing, except that you may retain one archival copy if required by law. Your confidentiality obligations herein regarding Confidential Information survive for so long as such information remains confidential.

11. Intellectual Property

11.1 License to Use the Platform. ambient hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Platform solely for you to participate in the Network during the term of these Terms. All rights not specifically granted to you under these Terms are reserved by ambient. Access to the Platform is licensed and not sold.

11.2 ambient Intellectual Property. “ambient IP” means the Platform and all intellectual property rights therein (including copyright, trade-secrets, patents, design rights, database and sui generis rights, trademarks, rights in computer programs, good-will, trade dresses and any other right recognized in the world) and any modifications or enhancements made thereto. ambient IP includes aggregated, anonymised or de-identified information, and any information, data, or other content derived from ambient’s monitoring of your access to or use of the Platform. No rights in ambient IP are granted to you other than as expressly set forth in these Terms.

11.3 User Content; License to ambient. As between you and ambient, you own all right, title, and interest, including all intellectual property rights, in and to your User Information and the Materials uploaded, entered, or provided by you to the Platform, excluding any Materials assigned under Section 11.4 (“User Content”). Your Pre-Existing Materials (as defined in Section 11.4) remain your property. You grant to ambient a perpetual, irrevocable, non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use, reproduce, modify, adapt, distribute, display, perform, analyse, host, store, transmit, and create derivative works from all User Content (other than User Information), feedback, any Pre-Existing Materials, and any Materials created in a Contribution (including Materials assigned under Section 11.4) that you upload to, store on, transmit through, or otherwise use within the Platform, limited to the following purposes: (i) operating, maintaining, securing, supporting, promoting, and providing the Platform and related services, including making Materials available to the Users with whom you are matched; (ii) conducting compliance monitoring, quality assurance, and security reviews; (iii) creating, using, and commercialising aggregated, anonymised, or de-identified datasets, insights, or outputs, provided that ambient does not sell or license your data, or datasets made from it, to other companies; (iv) identifying Contributions and other opportunities at your request; and (v) developing, training, evaluating, fine-tuning, and improving ambient’s own AI Tools. ambient does not sell or license User Content to other companies for their AI. User Information is not subject to the license in this Section 11.3 and ambient collects, uses and shares User Information as described in Section 4 and in accordance with the ambient Privacy Policy.

11.4 Materials Created for a Contribution. As between the User Expert and the User Beneficiary, the User Expert hereby assigns to the User Beneficiary the intellectual property rights over any Materials created specifically for the User Beneficiary in a given Contribution, but excluding the User Expert’s pre-existing materials, know-how and general skills (“Pre-Existing Materials”), which remain with the User Expert. To the extent that Pre-Existing Materials are needed to use such Materials, the User Expert grants the User Beneficiary a perpetual, worldwide, royalty-free, non-exclusive license to use the Pre-Existing Materials as incorporated in such Materials for the User Beneficiary’s own purposes. ambient is not a party to, and has no responsibility for, any such assignment or license. Any assignment or license under this Section 11.4 is subject to the license granted to ambient under Section 11.3, which the User Expert grants before, and which survives, such assignment, and the User Beneficiary takes such Materials subject to that license.

12. Representations and Warranties

12.1 User Representations and Warranties. You represent and warrant that: (a) your Contributions, Learnings, and Materials will be provided in a good-faith, honest, and lawful manner; (b) your Contribution, Materials, and use and disclosure thereof do not and will not breach any of your legal, corporate, contractual, confidentiality, or fiduciary obligations to current or past employers, clients, investors, counterparties, or other third parties, and you have obtained and maintain all necessary rights, consents, approvals, authorizations, or waivers from them; (c) you will comply with all applicable laws, including anti-bribery, anti-corruption, data protection, and securities and insider-trading laws; (d) the rights you convey in Section 11, your Materials, and your Contributions will not infringe upon, misappropriate, or violate any third party’s rights; and (e) within the past ten (10) years, you have not been (i) the subject of any final order, bar, suspension, censure or other sanction imposed by the United States Securities and Exchange Commission, the Financial Industry Regulatory Authority, the Financial Conduct Authority or any other securities, commodities, banking or financial regulatory authority, or (ii) convicted of, or found liable in any civil, administrative or regulatory proceeding for, fraud or any violation of securities laws.

12.2 Sanctions. You are not, and are not acting on behalf of, any person that is the subject of Sanctions, named on any Sanctions list, or located in a comprehensively sanctioned territory. You further represent and warrant that your participation in the Network will not cause ambient or any User to breach any Sanctions, anti-money laundering, or counter-terrorist financing laws. You act on your own behalf and not as nominee or agent for any undisclosed person. “Sanctions” means economic or financial sanctions, embargoes, or restrictive measures administered by the United Kingdom, United States, European Union or any member state, or any other authority with jurisdiction over you, ambient, or any User.

12.3 Repetition and Notification. All representations and warranties you make in these Terms are made on the date you accept these Terms and are deemed repeated, to ambient and to the other participating User, each time you access the Platform or request, accept, or participate in a Contribution, and by doing so you confirm that all conditions, authorizations, and prerequisites for your participation and for any disclosure of Materials are satisfied. You must notify ambient immediately if any of them is or becomes untrue.

13. Third-Party Services

13.1 Third-Party Services. The Platform may contain or may be used with third party components, content, services, materials, data, information, software, APIs, cloud applications and the like, including open-source software and open-source content (all of the foregoing “Third-Party Services”) and which are subject to their own terms and conditions. You may use the Third-Party Services, subject to and in compliance with all terms and conditions of the third-party providers, bearing the entire risk of such use. Your use of or access to any Third-Party Services is solely a relationship between you and the applicable third-party terms and conditions. We recommend that you carefully review any terms and conditions governing the use of those Third-Party Services. We will not be liable for any issues with, or caused by, the Third-Party Services.

14. Disclaimers

14.1 Role of ambient. ambient only provides the technology that introduces Users to one another. It does not provide Contributions. ambient has no obligation to verify, supervise, monitor or control Users, Contributions or Materials, and any review, screening or matching that ambient performs is for its own purposes only and may not be relied on by any User. ambient is not a broker, dealer, finder, placement agent, investment adviser, recruiter or other intermediary. ambient does not solicit, recommend, negotiate or take part in any transaction, receives no transaction-based compensation, and does not endorse any User or person introduced. Neither ambient nor any User acts as your financial, legal, tax or other professional adviser, and everything on the Platform is for information only.

14.2 No Warranties. The Platform, the AI Tools and their output (“Outputs”), and all Contributions, Learnings and Materials, are provided “as is” and “as available”. ambient, its parents, affiliates, related companies, investors, officers, directors, employees, agents, representatives, partners and licensors (the “ambient Entities”) make no warranty or representation of any kind, and disclaim all warranties and conditions, whether express, implied, statutory or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties arising from course of dealing, usage or trade practice, and disclaim all responsibility and liability arising from or in connection with any of them. No information obtained from the ambient Entities or through the Platform creates any warranty or liability not expressly made in these Terms.

14.3 Matters Outside ambient’s Responsibility. The ambient Entities make no warranty or representation about, and disclaim all responsibility and liability to any User or third party for:

14.4 Your Risk and Your Decisions. You use the Platform, take part in Contributions, and disclose, receive and rely on Materials, Learnings and Outputs solely at your own risk. You must make your own independent assessment and decisions, including whether to follow any suggestion or recommendation, and you alone are responsible for them.

14.5 Jurisdictional Limitations. The laws of certain jurisdictions, including the State of New Jersey, do not allow limitations on implied warranties or the exclusion or limitation of certain damages as set forth in this Section 14 and in Section 15. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

15. Limitation of Liability

15.1 Exclusion of Damages; Liability Cap. To the extent not prohibited by law, you agree that in no event will the ambient Entities be liable for any indirect, special, exemplary, incidental, consequential or punitive damages (including, but not limited to, procurement of substitute goods or services, loss of use, data or profits, business interruption or any other damages or losses, arising out of or related to your use or inability to use the Platform), however caused and under any theory of liability, whether under these Terms or otherwise arising in any way in connection with the Platform or these Terms and whether in contract, strict liability or tort (including negligence or otherwise) even if the ambient Entities have been advised of the possibility of such damage. The ambient Entities' total liability to you for any damages finally awarded shall not exceed the greater of one hundred dollars ($100.00), or the amount you paid the ambient Entities for the Platform, if any, in the past six (6) months giving rise to the claim. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

15.2 Waiver and Release of Claims. Because Learnings, Materials, and Contributions are exchanged strictly between Users, you hereby irrevocably and unconditionally waive, release, and forever discharge the ambient Entities from any and all claims, counterclaims, demands, causes of action, liabilities, losses, and damages (actual, direct, indirect, consequential, or otherwise) of every kind and nature, known and unknown, arising out of or in any way connected with: (a) any Contribution, Learning or Materials (including any MNPI); (b) any act, omission, statement, review, advice, breach of confidentiality, misuse of Materials, conflict of interest, or conduct of any other User or any person introduced to you through the Platform; or (c) any dispute between you and one or more Users or third parties. If you are a California resident or subject to California law, you expressly waive California Civil Code section 1542 (and any similar statute or doctrine of any other U.S. state or non-U.S. jurisdiction), which provides in substance that a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

15.3 Allocation of Risk. These Terms allocate the risks between the parties, and the fact that the Platform is made available free of charge reflects this allocation of risk and these limitations of liability. The ambient Entities are intended third-party beneficiaries of this Section 15 and of your obligations under these Terms.

16. Indemnification

16.1 Indemnity; Control of Defense. By entering into these Terms and accessing or using the Platform, you agree that you shall defend, indemnify and hold the ambient Entities harmless from and against any and all claims (including third-party and regulatory claims), demands, actions, investigations, costs, damages, losses, liabilities, judgments, settlements, penalties, fines and expenses (including attorneys' fees and costs) incurred by the ambient Entities arising out of or in connection with: (a) your actual or alleged violation or breach of any term of these Terms or any applicable law or regulation, or the inaccuracy or breach of any representation or warranty made by you; (b) your violation of any rights of any third party; (c) your misuse of the Platform; (d) your User Content, Materials and Contributions and your use of any Contribution or any output of the AI Tools; (e) any dispute or interaction between you and another User or any person introduced to you through the Platform; (f) any claim that you are an employee, contractor, or agent of, or are owed any wages, tax withholdings, or employee benefits from, any ambient Entity; or (g) your fraud, negligence or willful misconduct. If you are obligated to indemnify any ambient Entity hereunder, then you agree that ambient (or, at its discretion, the applicable ambient Entity) will have the right, in its sole discretion, to control any action or proceeding and to determine whether ambient wishes to settle, and if so, on what terms, and you agree to fully cooperate with ambient in the defense or settlement of such claim. Your obligations under this Section 16 apply to claims brought by third parties and also to claims brought by any ambient Entity against you, including any claim to enforce these Terms, and in each case include reimbursement of the reasonable attorneys' fees and costs incurred by the ambient Entities in connection with such claims.

17. Term, Suspension and Termination

17.1 Term. These Terms begin upon your acceptance of them and continue until terminated as provided herein.

17.2 Termination. You may terminate these Terms at any time by texting STOP to ambient or by providing written notice to ambient. ambient may terminate these Terms at any time by providing written notice to you. ambient may also terminate these Terms immediately, without prior notice, if (a) you breach any material term of these Terms, (b) you engage in conduct that ambient reasonably determines poses a risk to ambient, other Users, or the integrity of the Platform, (c) required by applicable law or regulatory authority, or (d) your account has been inactive for at least one (1) year.

17.3 Suspension. ambient may suspend, limit, or terminate your access to the Platform, in whole or in part, or suspend or cancel a Contribution or your participation in it, at any time at its sole discretion. Without limiting the foregoing, ambient may remove a User who misses the deadline for written work or an introduction email they accepted; delivers work that ambient judges does not meet what was agreed; gives a 1 or 2 rating that ambient finds false; creates fake invites or fake invite activity; or seriously or repeatedly breaches these Terms or puts Users or ambient at risk. Removal is final, and a removed User may not return with another phone number or account.

17.4 Effect of Termination. Upon termination for any reason, you must cease all use of the Platform and comply with Section 10.2. Termination does not relieve you of any obligations or liabilities accrued prior to the effective date of termination. Upon termination, any Lev credited to your account are cancelled. The rights granted to you under these Terms to access and use the Platform will also immediately terminate, and we may at our option delete any User Content, Materials or other data associated with you.

17.5 Surviving Obligations. Sections 3.1, 3.5, 6, 7, 8.3, 10, 11 (except for the license granted to you in Section 11.1, which will terminate), 12, 14, 15, 16, 19 and 20, this Section 17.5, and any other provisions which by their nature should survive to effectuate the purposes and intent of these Terms, survive termination of these Terms.

18. Acceptable Use

18.1 Acceptable Use. You must use and access the Platform, the Contributions and the Network only in accordance with these Terms and the applicable law. In particular, you must not:

19. Dispute Resolution; Arbitration and Class Action Waiver

19.1 Important Notice. Please read this section carefully – it may significantly affect your legal rights, including your right to file a lawsuit in court and to have a jury hear your claims. It contains procedures for mandatory binding arbitration and a class action waiver.

19.2 Informal Dispute Resolution. Before commencing any arbitration or court proceeding regarding a Claim (as defined in Section 19.3), other than a claim for injunctive relief under Section 19.4 or Section 20.6, the party asserting the Claim must first make a good faith effort to settle the claim amicably for a period of thirty (30) days after it notifies the other party of the Claim in writing (the “informal dispute resolution period”). Notices to ambient must be sent to legal@textambient.com, and notices to you will be sent to the email address associated with your account.

19.3 Arbitration Agreement and Class Action Waiver. Any dispute, controversy, or claim (collectively, “Claim”) relating in any way to ambient’s services and/or products, including the Platform, and any use or access or lack of access thereto, will be resolved by arbitration, including threshold questions of arbitrability of the Claim. You and ambient agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect, which are incorporated by reference into this Section 19. Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and ambient are each waiving the right to trial by jury or to participate in a class action or class arbitration.

19.4 Exceptions. Notwithstanding the foregoing, you and ambient agree that disputes or claims where the sole form of relief sought is injunctive relief (including public injunctive relief) will be resolved in a court of proper jurisdiction.

19.5 Opt-out. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to legal@textambient.com. The notice must be sent to ambient within thirty (30) days of your first registering to use the Platform or agreeing to these Terms; otherwise you shall be bound to arbitrate disputes on a non-class basis in accordance with these Terms. If you opt out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies. You may not opt out of only the class action waiver and not also the arbitration provisions. If you opt-out of these arbitration provisions, ambient also will not be bound by them.

19.6 Waiver of Right to Bring Class Action and Representative Claims. To the fullest extent permitted by applicable law, you and ambient each agree that any proceeding to resolve any dispute, claim, or controversy will be brought and conducted only in the respective party's individual capacity and not as part of any class (or purported class), consolidated, multiple-plaintiff, or representative action or proceeding ("Class Action"). You and ambient agree to waive the right to participate as a plaintiff or class member in any Class Action. You and ambient expressly waive any ability to maintain a Class Action in any forum. If the dispute is subject to arbitration, the arbitrator will not have the authority to combine or aggregate claims, conduct a Class Action, or make an award to any person or entity not a party to the arbitration. Further, you and ambient agree that the arbitrator may not consolidate proceedings for more than one person's claims, and it may not otherwise preside over any form of a Class Action. For the avoidance of doubt, however, you can seek public injunctive relief to the extent authorized by law and consistent with Section 19.4. If this class action waiver is limited, voided, or found unenforceable, then, unless the parties mutually agree otherwise, the parties' agreement to arbitrate shall be null and void with respect to such proceeding so long as the proceeding is permitted to proceed as a Class Action. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or consolidated or representative action must be brought in a court of proper jurisdiction and not in arbitration.

19.7 Governing Law and Judicial Venue. These Terms and any Claim arising out of or relating to them or the Platform are governed by the laws of the State of New York, United States, without regard to its conflict of laws rules. To the extent any Claim or proceeding is permitted to proceed in court rather than in arbitration (including actions to compel arbitration, confirm or enforce an arbitral award, or seek provisional or injunctive relief under Section 19.4 or Section 20.6), you and ambient irrevocably submit to the exclusive personal jurisdiction and venue of the state and federal courts located in New York County, New York, United States, and waive any objection to such courts based on lack of personal jurisdiction, improper venue, or forum non conveniens. The Uniform Computer Information Transactions Act and the United Nations Convention on Contracts for the International Sale of Goods shall not apply.

19.8 Jury Trial Waiver. To the extent any Claim proceeds in court rather than in arbitration, you and ambient knowingly, voluntarily and intentionally waive any right you or it may have to trial by jury in any Claim under or in connection with these Terms and the Platform.

19.9 EU and UK Residents. Notwithstanding anything in this Section 19, if you are a consumer resident in any European Union country or the United Kingdom, you may also file a claim with the courts of your domicile, you keep the benefit of the mandatory provisions of the law of your country of residence, and Sections 19.2 to 19.6, 19.8 and 19.10 apply to you only to the extent permitted by that law.

19.10 Time Limit for Claims. To the extent permitted by applicable law, any claim or dispute you may have shall be time-barred unless you commence formal dispute resolution proceedings within one (1) year after the basis for such dispute or claim became known or should have become known to you, provided, however, that the one-year period shall be deemed suspended during the informal dispute resolution period under Section 19.2 and during any other settlement negotiations with us.

20. General

20.1 Entire Agreement; Additional Terms. These Terms, together with the ambient Privacy Policy, set forth the entire agreement between you and us for the use of and access to the Platform, unless expressly stated otherwise. To use or access certain features or special offerings, you may be required to agree to additional terms and conditions or policies provided by ambient (“Additional Terms”), which are hereby incorporated into these Terms. By accessing and using those features, you indicate your consent to and acceptance of the Additional Terms. If there is a conflict between these Terms and the Additional Terms, the latter will take precedence with respect to your access to or use of those features, unless specified otherwise in the Additional Terms.

20.2 Changes to these Terms. ambient may update or modify these Terms at any time by providing notice to you by text message, by email, through the Platform, or by posting the revised terms on the ambient website or the Platform. Any such changes will become effective upon posting or as stated in the notice, provided that changes that materially and adversely affect Users’ rights or obligations will not become effective earlier than fifteen (15) days after notice of such changes is sent to you. Changes to Section 19 will not apply to any Claim that arose before the effective date of the change, and any such Claim will continue to be governed by Section 19 as in effect when the Claim arose. Your continued use of the Platform, accepting or requesting a Contribution or participation in the Network following the effective date of any modification constitutes your acceptance of such changes. If you do not agree to any modification, you may terminate these Terms and cease using the Platform prior to the effective date of such modification. You are responsible for regularly reviewing these Terms for updates.

20.3 Assignment and No Third-Party Beneficiaries. You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms without the prior written consent of ambient, and any attempted assignment without such consent will not be effective. ambient may assign, transfer, or delegate its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, reorganisation, or sale of all or substantially all of its assets. Each User is an intended third-party beneficiary of all obligations, representations and warranties that other Users undertake under these Terms towards or for the benefit of other Users (including those in Sections 3, 7, 8, 10, 11.4, 12 and 18) and may enforce those provisions directly against the User concerned. ambient has no obligation to enforce those provisions on any User’s behalf and is not a party to any dispute between Users. Except for the foregoing and for the ambient Entities, there are no third-party beneficiaries to these Terms.

20.4 Severability and Reformation. Subject to Section 19.6, if any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such provision shall be modified and interpreted to the minimum extent necessary to render it valid and enforceable so as to best accomplish the original intent of the parties to the maximum extent permitted by applicable law (or, only if such modification is not permitted by law, struck as to that jurisdiction), and the remaining provisions will remain in full force and effect.

20.5 Waiver. No waiver by ambient of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any delay or failure of ambient to assert, exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision.

20.6 Equitable Relief. A breach of Sections 3, 8, 10, 11 or 18 may cause ambient or the disclosing User irreparable harm for which monetary damages would be an inadequate remedy, and ambient (or the affected User, as applicable) may seek injunctive or other equitable relief in any court of competent jurisdiction, without the need to post a bond or prove actual damages, in addition to any other remedy available at law or in equity.

20.7 Notices, Electronic Communications, and Electronic Acceptance. You consent to receiving notices and other communications from ambient electronically, by text message to your phone number, by email to the address associated with your account, or through the Platform and agree that they satisfy any legal requirement that a communication be in writing. Your electronic acceptance of these Terms (including by sending us your sign-up text or any other text in which you accept these Terms, signing in with LinkedIn, clicking to accept, creating an account, or accessing or using the Platform in any way) is a valid and binding electronic signature. Notices to ambient must be sent to legal@textambient.com.