Terms of Service

Governing use of the Dusted platform at dusted.io

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE DUSTED PLATFORM. THESE TERMS CREATE A BINDING LEGAL AGREEMENT BETWEEN YOU AND DUSTED LLC. SECTION 24 REQUIRES THAT MOST DISPUTES BETWEEN YOU AND DUSTED BE RESOLVED THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND IT WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR A JURY TRIAL. YOU MAY REJECT THE ARBITRATION AGREEMENT BY FOLLOWING THE PROCEDURE IN SECTION 24.10 WITHIN THIRTY DAYS AFTER YOU FIRST ACCEPT THESE TERMS. SECTION 7 AND SECTION 12 DESCRIBE THE RIGHTS YOU GRANT DUSTED IN THE CONTENT YOU UPLOAD, INCLUDING THE RIGHT TO USE THAT CONTENT TO DEVELOP AND TRAIN MACHINE LEARNING MODELS, AND THEY GOVERN YOUR USE OF THE DUSTED AI ASSISTANT AND ITS VOICE INPUT FEATURE. SECTION 8 CONFIRMS THAT YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING THAT YOU HOLD THE RIGHTS NECESSARY TO POST ANY MATERIAL DERIVED FROM WORK PERFORMED FOR AN EMPLOYER OR A CLIENT. SECTIONS 21 AND 22 LIMIT DUSTED'S WARRANTIES AND LIABILITY TO YOU.

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TABLE OF CONTENTS

1. AGREEMENT TO THESE TERMS
2. DEFINITIONS
3. ELIGIBILITY AND ACCOUNT REGISTRATION
4. ACCOUNT SECURITY
5. THE SERVICE; BETA AND EARLY ACCESS
6. FEES, SUBSCRIPTIONS, AND PAID FEATURES
7. USER CONTENT: OWNERSHIP AND LICENSE
8. YOUR REPRESENTATIONS REGARDING USER CONTENT; EMPLOYER AND CLIENT MATERIALS
9. PUBLIC NATURE OF THE SERVICE AND PROFILE VISIBILITY
10. RESTRICTIONS ON ACCESS TO OTHER USERS' CONTENT
11. ACCEPTABLE USE
12. ARTIFICIAL INTELLIGENCE FEATURES, MACHINE LEARNING, AND PLATFORM INSIGHTS
13. FEEDBACK
14. DUSTED INTELLECTUAL PROPERTY
15. COPYRIGHT POLICY AND NOTICE PROCEDURES
16. TRADEMARK, PUBLICITY, AND CONFIDENTIALITY COMPLAINTS
17. THIRD PARTY CONTENT, VENDORS, AND LINKS
18. COMMUNICATIONS AND ELECTRONIC NOTICES
19. PRIVACY
20. DEACTIVATION, SUSPENSION, AND TERMINATION
21. DISCLAIMER OF WARRANTIES
22. LIMITATION OF LIABILITY
23. INDEMNIFICATION
24. DISPUTE RESOLUTION AND BINDING ARBITRATION
25. GOVERNING LAW AND VENUE
26. INTERNATIONAL USE, EXPORT CONTROLS, AND SANCTIONS
27. MODIFICATIONS TO THESE TERMS AND TO THE SERVICE
28. GENERAL PROVISIONS
29. NOTICES AND CONTACT INFORMATION
30. NOTICE TO CALIFORNIA CONSUMERS

1. AGREEMENT TO THESE TERMS

1.1 Parties.

These Terms of Service, together with all documents expressly incorporated by reference (the "Terms"), constitute a legally binding agreement between Dusted LLC, a California limited liability company with its principal place of business at 35 Miller Ave, Unit #615, Mill Valley, California 94941 ("Dusted," "we," "us," or "our"), and you, the individual or entity that accesses, browses, registers for, or otherwise uses the Service ("you," "your," or "User"). These Terms govern your access to and use of the website located at dusted.io, all associated subdomains, applications, application programming interfaces, and any related products, features, tools, and services made available by Dusted (collectively, the "Service").

1.2 Acceptance.

You accept these Terms by clicking, tapping, or otherwise activating a registration, sign in, continue, or comparable control that is presented together with a notice stating that proceeding constitutes agreement to these Terms, by checking a box indicating your agreement where one is presented, by creating an Account, or by accessing, browsing, or otherwise using the Service. By doing any of those things, you acknowledge that you have been given a reasonable opportunity to review these Terms and the Dusted Privacy Policy, that you have read and understood them, and that you agree to be bound by them. If you do not agree to these Terms in their entirety, you must not proceed past the registration screen and must not access or use the Service.

1.3 Authority to bind.

If you access or use the Service on behalf of a company, employer, client, partnership, or other legal entity, you represent and warrant that you are authorized to bind that entity to these Terms, and references to "you" in these Terms apply to both you individually and to that entity. If you lack such authority, you must not accept these Terms or use the Service on that entity's behalf.

1.4 Supplemental terms.

Certain features, programs, promotions, contests, beta releases, or offerings made available through the Service may be subject to additional or supplemental terms presented to you at the time of access. Those supplemental terms are incorporated into these Terms by reference. If a supplemental term conflicts with these Terms, the supplemental term controls, but only with respect to the specific feature or offering to which it applies.

1.5 Vendor and commercial offerings.

Users that purchase a subscription, sponsorship, marketplace listing, advertising placement, recruiting product, or other commercial offering from Dusted are or will be subject to separate vendor terms and conditions or an executed order form. Those separate terms govern the commercial relationship and supplement, rather than replace, these Terms with respect to general use of the Service.

1.6 Effect of continued use.

Dusted may revise these Terms in accordance with Section 27. Your continued use of the Service after revised Terms take effect constitutes your acceptance of the revised Terms.

2. DEFINITIONS

In these Terms, the following capitalized terms have the meanings set forth below. Additional terms are defined where they first appear.

• "Account" means the registered user account through which you access the Service, including all associated credentials, settings, and Profile information.

• "AI Assistant" means the artificial intelligence feature of the Service that interacts with you in order to help you draft, structure, refine, and improve case studies and other User Content, whether accessed through text input or through the Voice Input feature.

• "Community Features" means comments, reactions, follows, messages, discussion threads, collections, endorsements, and any other feature of the Service that allows Users to interact with one another or with User Content.

• "Deactivation" means the temporary and reversible withdrawal of an Account from public view, initiated by you, in which the Account and its associated User Content are retained by Dusted but are hidden from other Users and Visitors, and which you may reverse by signing in again, as described in Section 20.1.

• "Dusted Content" means all content, materials, software, code, text, graphics, layouts, user interfaces, visual designs, compilations, documentation, trademarks, logos, and other intellectual property owned, licensed, or developed by Dusted and made available through the Service, excluding User Content.

• "Feedback" means any suggestion, idea, enhancement request, recommendation, bug report, survey response, or other input regarding the Service that you submit to Dusted.

• "Insights" means aggregated, benchmarked, statistical, deidentified, or analytical outputs, summaries, reports, classifications, and other derived information generated by Dusted from User Content, Usage Data, or both.

• "Marketing Artifact" means a case study, campaign summary, playbook, template, framework, presentation, creative asset, brief, report, dashboard image, writing sample, or comparable work product relating to marketing, communications, growth, brand, or adjacent professional disciplines.

• "Profile" means the professional profile, portfolio, and associated pages that you create and maintain through the Service, including biographical information, employment history, skills, links, and organized collections of User Content.

• "Service" has the meaning given in Section 1.1.

• "Suspension" means the temporary restriction or withdrawal of your access to the Service or to any feature of it, initiated by Dusted, in which the Account and its associated User Content are retained but access is limited pending review or remediation, as described in Section 20.2.

• "Termination" means the permanent closure of an Account, initiated either by you or by Dusted, following which the Account cannot be reactivated, the Profile and User Content are removed from public display, and the Account and its associated data are deleted in accordance with Section 20.4 and the Privacy Policy. Termination is distinct from Deactivation and from Suspension.

• "Third Party Services" means any website, application, platform, integration, plug in, authentication provider, payment processor, model provider, or service that is not owned or controlled by Dusted and that is linked to, embedded in, or interoperable with the Service.

• "Usage Data" means technical and behavioral data generated by or collected in connection with your use of the Service, including log data, device and browser information, page views, clicks, search queries, session duration, referral sources, and interaction events.

• "User Content" means all content, information, and materials that you or any other User submits, uploads, posts, publishes, transmits, displays, or otherwise makes available through the Service, including Marketing Artifacts, files, documents, images, video, audio, text, descriptions, context and commentary, metrics, comments, messages, Profile information, and metadata.

• "Vendor" means a software company, agency, consultancy, publisher, recruiter, educational provider, or other business that purchases a paid offering from Dusted in order to reach the Dusted community.

• "Visitor" means any person who accesses publicly available portions of the Service without registering an Account. Visitors are bound by these Terms to the extent applicable to their use of the Service.

• "Voice Input" means the feature of the Service that allows you to speak to the AI Assistant instead of typing, and that captures, records, and transcribes your speech for that purpose.

3. ELIGIBILITY AND ACCOUNT REGISTRATION

3.1 Minimum age.

The Service is intended exclusively for use by working professionals. You must be at least eighteen years of age to register for an Account or to use the Service. By accepting these Terms, you represent and warrant that you are at least eighteen years of age. Dusted does not knowingly permit persons under the age of eighteen to register for or use the Service and will terminate any Account that Dusted believes belongs to a person under that age.

3.2 Capacity and standing.

You further represent and warrant that you have the legal capacity to enter into a binding contract; that you are not barred from receiving products or services under the laws of the United States or of any other applicable jurisdiction; that you are not identified on any United States government list of restricted or prohibited parties; and that your Account has not previously been suspended or terminated by Dusted for violation of these Terms or of any prior version of them.

3.3 Registration information.

You agree to provide accurate, current, and complete information during registration and to keep that information updated. You may not register using a false identity, a name you are not authorized to use, or credentials belonging to another person. You may not misstate your employment history, professional credentials, certifications, or role in the creation of any Marketing Artifact.

3.4 One Account per person.

Unless Dusted expressly authorizes otherwise in writing, you may maintain only one Account. Accounts are personal to you. You may not sell, rent, lease, lend, transfer, assign, or share your Account or any right to access the Service, and you may not permit any other person to use your Account.

3.5 Verification.

Dusted may, but is not obligated to, take steps to verify a User's identity, employment, credentials, or claims regarding authorship or contribution. Dusted makes no representation that any User, Profile, credential, or claim appearing on the Service has been verified, and you should not rely on the presence of information on the Service as confirmation of its accuracy.

3.6 Waitlist, invitations, and beta access.

Access to the Service may initially be granted through a waitlist, invitation, or referral. Placement on a waitlist does not entitle you to access. Dusted may grant, condition, limit, suspend, or revoke invitations and early access at its sole discretion and for any reason, including capacity constraints and product changes.

4. ACCOUNT SECURITY

4.1 Credentials.

You are responsible for maintaining the confidentiality of your Account credentials, including any password, access token, recovery code, or authentication device. You agree to use reasonable measures to protect those credentials, including selecting a strong and unique password and enabling multifactor authentication where offered.

4.2 Responsibility for activity.

You are responsible for all activity that occurs under your Account, whether or not you authorized that activity. Dusted is entitled to treat any instruction, submission, or transaction originating from your Account as having been authorized by you.

4.3 Notification of compromise.

You must notify Dusted immediately at security@dusted.io if you know or suspect that your credentials have been lost, stolen, or disclosed, or that your Account has been accessed without your authorization. Dusted may suspend access to an Account that it reasonably believes has been compromised.

4.4 No liability for unauthorized access.

To the maximum extent permitted by applicable law, Dusted is not liable for any loss or damage arising from your failure to comply with this Section 4, including any unauthorized access to your Account or unauthorized disclosure, alteration, or deletion of User Content.

4.5 Third party authentication.

If you register or sign in using a Third Party Service such as a social login or single sign on provider, you authorize Dusted to access and use the information that the provider makes available in accordance with the Privacy Policy, and you remain subject to the provider's own terms. Dusted is not responsible for the availability, security, or accuracy of any authentication provider.

5. THE SERVICE; BETA AND EARLY ACCESS

5.1 Description of the Service.

The Service is a professional community and portfolio platform that allows marketers and adjacent professionals to publish Marketing Artifacts, describe the context and reasoning behind their work, organize that work into a Profile, discover the work of others, and engage with the community. The Service also makes available or may in the future make available analytics, Insights, educational content, Vendor offerings, marketplace listings, recruiting features, premium memberships, and other features.

5.2 License to use the Service.

Subject to your continuing compliance with these Terms, Dusted grants you a limited, revocable, nonexclusive, nontransferable, nonsublicensable license to access and use the Service for your own internal professional purposes. This license does not include any right to resell, redistribute, or commercially exploit the Service or any portion of it, or to use the Service to build, train, or improve a competing product or service.

5.3 Beta and early access status.

You acknowledge that the Service is offered in a beta or early access state and that it may contain defects, errors, incomplete features, and instabilities. During beta and early access, and at any other time that Dusted designates a feature as beta, preview, experimental, or early access, the following apply:

• (a) the relevant portion of the Service is provided for evaluation purposes, is provided as is and as available, and is expressly excluded from any warranty, service level, uptime commitment, or support obligation;

• (b) features may be added, altered, restricted, or removed without notice, and User Content or configuration data may be lost, corrupted, reset, or deleted. You should understand that a feature made available during beta or early access may be withdrawn permanently and may never be reinstated, that content, data, settings, or work product associated with a withdrawn feature may be permanently deleted and may not be recoverable, and that Dusted has no obligation to preserve, migrate, export, or provide a substitute for any feature or data that it withdraws;

• (c) you are solely responsible for maintaining independent backup copies of all User Content that you upload; and

• (d) nonpublic features, pricing, functionality, and roadmap information that Dusted discloses to you in connection with early access are confidential information of Dusted, and you agree not to disclose them to any third party without Dusted's prior written consent.

5.4 Availability and changes.

Dusted does not warrant that the Service will be available at any particular time or without interruption. Dusted may modify, suspend, limit, or discontinue the Service or any feature of it, in whole or in part, at any time, with or without notice, and may impose limits on storage, file size, upload volume, request rates, or other aspects of use.

5.5 No professional advice.

User Content, Insights, educational materials, templates, and other content available through the Service are provided for general informational purposes only. Nothing available through the Service constitutes legal, financial, tax, accounting, employment, or professional marketing advice, and nothing available through the Service is a substitute for the independent judgment of a qualified professional. You are solely responsible for any decision you make or action you take in reliance on content obtained through the Service.

5.6 No guarantee of professional outcome.

Dusted makes no representation or warranty that use of the Service will result in employment, engagement, client relationships, business opportunities, visibility, audience growth, or any other professional or commercial outcome. Dusted is not an employment agency, a staffing firm, a recruiter, or a party to any relationship that you form with another User, employer, or Vendor.

5.7 Moderation and no obligation to monitor.

Dusted may, but has no obligation to, review, screen, monitor, edit, refuse, restrict, label, demote, or remove User Content, and may do so at its sole discretion, with or without notice, and without liability to you. Dusted's exercise or non exercise of these rights does not create any duty to any User and does not make Dusted the author, publisher, or endorser of any User Content.

6. FEES, SUBSCRIPTIONS, AND PAID FEATURES

6.1 Free accounts at launch.

Individual User Accounts are provided free of charge as of the Effective Date. Dusted reserves the right to introduce paid plans, premium memberships, usage based charges, and other fees for individual Users at any time. Dusted will provide notice before charging any fee for a feature that you currently use free of charge, and no such fee will apply to you unless you affirmatively agree to it.

6.2 Paid features.

If you purchase a paid plan, subscription, or other paid offering, you agree to the prices, billing frequency, and other commercial terms presented to you at the time of purchase. Those terms are incorporated into these Terms. All fees are stated and payable in United States dollars unless expressly stated otherwise.

6.3 Payment processing.

Dusted uses one or more third party payment processors to bill and collect payments. By providing payment information, you authorize Dusted and its payment processors to charge the payment method you designate for all amounts due, including applicable taxes and any recurring charges. You represent that you are authorized to use the payment method you provide. Dusted does not store complete payment card numbers on its own systems.

6.4 Automatic renewal and cancellation.

Unless expressly stated otherwise at the point of purchase, subscriptions renew automatically at the end of each billing period for a successive period of the same length, at the then current price, until cancelled. Dusted will provide any notice of renewal and cancellation instructions required by applicable law, including the California Automatic Purchase Renewal Law. You may cancel a subscription at any time through your Account settings or by contacting billing@dusted.io. Cancellation takes effect at the end of the then current billing period, and you retain access to the paid features through the end of that period.

6.5 Taxes.

Fees are exclusive of all sales, use, value added, goods and services, withholding, and other taxes, duties, and levies. You are responsible for all such amounts other than taxes assessed on Dusted's net income. If Dusted is required to collect a tax with respect to a transaction, that tax will be added to the amount charged.

6.6 No refunds.

Except where a refund is required by applicable law or is expressly provided for in a written agreement with Dusted, all payments are nonrefundable and are not subject to proration, and no credit is issued for unused periods, partial periods, or features you elect not to use.

6.7 Price changes.

Dusted may change its prices at any time. A price change applicable to a recurring subscription takes effect at the start of the next billing period following notice to you of at least thirty days, and your continued use of the paid offering after that date constitutes acceptance of the new price. If you do not accept a price change, you may cancel before the change takes effect.

6.8 Nonpayment.

If a payment fails or is reversed, Dusted may retry the charge, suspend or downgrade access to paid features, and recover the amounts due, together with any interest permitted by law and the reasonable costs of collection, including reasonable attorneys' fees.

7. USER CONTENT: OWNERSHIP AND LICENSE

7.1 You retain ownership.

Dusted does not claim ownership of your User Content. As between you and Dusted, you retain all right, title, and interest, including all intellectual property rights, that you hold in and to the User Content you submit to the Service, subject only to the licenses granted in these Terms. Nothing in these Terms transfers ownership of User Content to Dusted or restricts your right to use, publish, license, or exploit your own User Content elsewhere.

7.2 License to Dusted.

You grant Dusted a worldwide, nonexclusive, royalty free, fully paid, transferable, and sublicensable license to host, store, cache, back up, reproduce, transmit, publish, publicly display, publicly perform, distribute, index, excerpt, reformat, resize, transcode, translate, adapt, and create derivative works of your User Content, in whole or in part, in any media now known or later developed, for the following purposes:

• (a) operating, providing, maintaining, securing, and improving the Service and developing new products and features;

• (b) displaying and distributing your User Content to other Users, to Visitors, and to the public in accordance with the visibility settings applicable to that content;

• (c) generating Insights and other analytical outputs as described in Section 12;

• (d) developing, training, testing, evaluating, and improving machine learning models and related technologies as described in Section 12; and

• (e) marketing, advertising, and promoting Dusted and the Service, including by featuring your User Content, Profile, name, professional title, employer name, and likeness in screenshots, showcases, case studies, presentations, social media posts, newsletters, press materials, advertisements, and other promotional materials in any medium.

7.3 Sublicensing.

The sublicense rights granted in Section 7.2 permit Dusted to authorize its service providers, hosting and infrastructure vendors, content delivery networks, analytics providers, model providers, and distribution partners to exercise the licensed rights solely in furtherance of the purposes described in Section 7.2, and to permit other Users and Visitors to access, view, and share your User Content through the features that Dusted makes available.

7.4 Duration of the license; effect of deletion.

The license granted in Section 7.2 continues for so long as your User Content remains on the Service. If you delete User Content or close your Account, Dusted will cease public display of that User Content within a commercially reasonable period, and the license will terminate except that:

• (a) Dusted may retain and use residual copies in routine backup, archival, disaster recovery, and log systems for a commercially reasonable period;

• (b) Dusted may retain and use copies as necessary to comply with legal obligations, to resolve disputes, to enforce these Terms, or to establish or defend legal claims;

• (c) Dusted has no obligation to recall, retrieve, or remove copies of User Content previously distributed, shared, downloaded, cached, or incorporated into promotional materials, and has no ability to remove copies obtained or retained by third parties; and

• (d) Insights, deidentified data, aggregated statistics, and model parameters, weights, and other artifacts previously derived from your User Content survive deletion and remain subject to Dusted's ownership rights under Section 12.4.

7.5 Name, likeness, and professional information.

You grant Dusted the right to use your name, username, professional title, employer and client names as you have provided them, photograph, likeness, voice, and biographical information in connection with the display of your Profile and User Content and in connection with the promotional uses described in Section 7.2(e). You waive any right of prior inspection or approval of any such use. Dusted will not use your name or likeness in synthetically generated media depicting you saying or doing something you did not say or do without your separate express consent.

7.6 Attribution and moral rights.

Dusted will use commercially reasonable efforts to preserve authorship attribution as it appears in your Profile, but you acknowledge that formatting, cropping, resizing, and excerpting may occur in the ordinary course of operating and promoting the Service. To the fullest extent permitted by applicable law, you waive, and agree not to assert, any moral rights, rights of integrity, rights of attribution, and comparable rights in your User Content against Dusted and its sublicensees, and you consent to any act or omission that would otherwise infringe those rights.

7.7 Rights of other Users in your public content.

When you make User Content publicly visible, you grant every other User and Visitor a limited, nonexclusive, revocable license to view that content through the Service and to use the sharing, linking, commenting, and collection features that Dusted makes available. This license does not permit any use prohibited by Section 10.

7.8 No obligation to publish or retain.

Dusted has no obligation to publish, store, display, distribute, promote, or retain any User Content, and may decline to do so or cease doing so at any time. Dusted may impose storage and retention limits and may delete User Content associated with an Account that has been inactive for an extended period, following reasonable notice to the email address on file.

7.9 Your backup obligation.

You are solely responsible for maintaining independent copies of all User Content. Dusted does not provide an archival service and expressly disclaims responsibility for the loss, corruption, deletion, or unavailability of User Content.

8. YOUR REPRESENTATIONS REGARDING USER CONTENT; EMPLOYER AND CLIENT MATERIALS

8.1 Representations and warranties.

Each time you submit User Content to the Service, you represent and warrant that:

• (a) you own the User Content or otherwise hold all rights, licenses, consents, releases, permissions, and authority necessary to submit it and to grant the licenses set forth in Section 7 and Section 12;

• (b) the User Content, and Dusted's exercise of the licenses granted in these Terms, does not and will not infringe, misappropriate, or violate any patent, copyright, trademark, trade secret, moral right, right of privacy, right of publicity, contract right, or other right of any person or entity;

• (c) the User Content does not contain confidential, proprietary, embargoed, or trade secret information of any employer, client, former employer, former client, partner, or other third party, unless you have obtained that party's written authorization to disclose it;

• (d) your submission of the User Content does not breach any employment agreement, contractor agreement, nondisclosure agreement, work for hire arrangement, assignment of inventions, master services agreement, statement of work, client contract, licensing restriction, platform policy, or professional or fiduciary duty to which you are subject;

• (e) any personal information contained in the User Content was collected and may lawfully be disclosed to Dusted and displayed through the Service, and you have provided any notice and obtained any consent required by applicable data protection law;

• (f) any performance metrics, results, revenue figures, growth rates, testimonials, endorsements, or claims contained in the User Content are truthful, are not misleading, are substantiated, and are presented with any disclosure required by applicable advertising and consumer protection law, including the guidance of the United States Federal Trade Commission; and

• (g) your description of your own role, contribution, and authorship with respect to the User Content is accurate and does not overstate your involvement or misappropriate the contributions of colleagues, agencies, contractors, or collaborators.

8.2 Employer and client owned material.

You acknowledge that Marketing Artifacts are frequently owned by an employer or a client rather than by the individual who created them, and that materials created within the scope of employment are commonly works made for hire owned by the employer as a matter of law. You are solely responsible for determining whether you hold the rights necessary to publish any given Marketing Artifact and for obtaining any permission required. Dusted strongly recommends that you obtain written permission before publishing any material created for an employer or client, and that you redact client names, logos, confidential metrics, unreleased campaigns, pricing, customer data, personal information, and any other sensitive detail that you are not clearly authorized to disclose.

8.3 No reliance on Dusted.

Dusted does not review User Content for compliance with your contractual or professional obligations, does not verify ownership or permission, and does not provide legal advice regarding your right to publish any material. The availability of an upload function, the absence of an objection from Dusted, and the continued display of your User Content are not representations that you hold the necessary rights.

8.4 Removal on third party claim.

If Dusted receives a claim, notice, demand, or credible allegation from any person asserting that your User Content infringes their rights, discloses their confidential information, misappropriates their trade secrets, or was published without authorization, Dusted may remove, disable, restrict, or de index that User Content immediately and without prior notice to you, and may do so without any determination as to the merits of the claim. Dusted will use reasonable efforts to notify you of the action taken where permitted.

8.5 Cooperation.

You agree to respond promptly to inquiries from Dusted regarding the provenance of, and your rights in, any User Content, and to provide documentation of permission upon request. Failure to respond within a reasonable period is grounds for removal of the User Content and for suspension or termination of your Account.

8.6 Allocation of risk.

You are solely responsible for all consequences arising from your submission of User Content, including any claim brought by an employer, client, or other third party. Your indemnity obligations under Section 23 apply to all such claims.

9. PUBLIC NATURE OF THE SERVICE AND PROFILE VISIBILITY

9.1 Public by default.

The Service is designed to help professionals demonstrate their work publicly. Unless you select a more restrictive setting where one is available, your Profile, Marketing Artifacts, case studies, portfolio items, commentary, and Community Feature activity are public, meaning that they are accessible to all Users, to Visitors who are not registered, and to the general internet.

9.2 Search engines and third party access.

Public content may be crawled, indexed, cached, copied, summarized, republished, and displayed by search engines, artificial intelligence systems, archiving services, aggregators, browser extensions, and other third parties that Dusted does not control. Dusted cannot prevent, monitor, or reverse those activities, and Dusted is not responsible for the acts of any third party that accesses publicly available content.

9.3 Privacy controls.

Dusted may make privacy and visibility controls available and may add, modify, or remove such controls over time. Where controls are available, you are solely responsible for configuring them to reflect your preferences and for reviewing your settings after any change to the Service. Visibility settings operate prospectively and do not affect copies already made by third parties.

9.4 No expectation of confidentiality.

You should treat everything you publish publicly through the Service as permanently public. Do not upload anything that you would not be prepared to disclose to your employer, your clients, your competitors, and the public. You have no expectation of confidentiality in User Content that you make publicly visible.

9.5 Direct messages and nonpublic areas.

Communications sent through nonpublic Community Features are not encrypted end to end and are accessible to Dusted for the purposes described in the Privacy Policy, including safety, moderation, security, legal compliance, and support. Do not transmit sensitive personal information, credentials, or confidential material through the Service.

10. RESTRICTIONS ON ACCESS TO OTHER USERS' CONTENT

10.1 View only access.

Except where Dusted expressly provides a download, export, or reuse function with respect to specific content, your access to another User's User Content is limited to viewing that content through the interfaces that Dusted makes available. You may not download, export, save, copy, screenshot for redistribution, print for distribution, reproduce, republish, or create derivative works from another User's User Content.

10.2 No automated collection.

You may not use any robot, spider, crawler, scraper, headless browser, script, extension, automated agent, artificial intelligence agent, or other automated means to access, monitor, index, extract, copy, or collect any portion of the Service, User Content, Profile data, or Usage Data, whether directly or through a third party, and whether or not the material is publicly accessible.

10.3 Reservation of text and data mining rights.

Dusted and its Users expressly reserve all rights with respect to text and data mining, machine learning training, and automated analysis of the Service and of User Content, including for the purposes of Article 4(3) of Directive (EU) 2019/790 and any comparable law of any jurisdiction. No license for text and data mining or for the training of machine learning models is granted to any User, Visitor, or third party by these Terms, by the accessibility of content on the Service, or by any technical means.

10.4 No use of others' content for model training.

You may not use any User Content that you did not create, or any Dusted Content, to develop, train, fine tune, evaluate, benchmark, or improve any machine learning model, large language model, generative system, dataset, index, or comparable technology, and you may not submit such content to any third party for those purposes.

10.5 No circumvention.

You may not circumvent, disable, defeat, or interfere with any technical or contractual measure that Dusted uses to protect the Service or User Content, including rate limits, access controls, watermarks, download restrictions, right click restrictions, robots directives, authentication requirements, and paywalls.

10.6 No commercial exploitation of others' content.

You may not sell, license, sublicense, rent, syndicate, or otherwise commercially exploit another User's User Content, and you may not use it to create a competing directory, database, portfolio product, training corpus, or lead generation product.

10.7 Enforcement on behalf of Users.

Dusted may, at its discretion and without obligation, take action against any person that violates this Section 10, including technical countermeasures, Account termination, and legal proceedings. Nothing in this Section 10 limits any right that a User may have to pursue a claim directly against a person that misuses that User's User Content.

11. ACCEPTABLE USE

11.1 Prohibited content.

You may not submit, upload, post, transmit, or otherwise make available through the Service any content that:

• (a) is unlawful, or that promotes, facilitates, or provides instructions for any unlawful activity;

• (b) infringes or misappropriates any copyright, trademark, trade secret, patent, publicity, privacy, or other right of any person;

• (c) discloses confidential information, trade secrets, or nonpublic business information without authorization;

• (d) contains false, fabricated, exaggerated, or unsubstantiated claims regarding campaign results, revenue, growth, audience size, credentials, awards, employment history, or authorship;

• (e) impersonates any person or entity, or misrepresents your affiliation with any person or entity, including through the unauthorized use of another party's name, logo, or brand;

• (f) is defamatory, libelous, or trade libelous;

• (g) harasses, bullies, threatens, stalks, doxxes, intimidates, or incites violence or harm against any person, or that targets any person or group on the basis of race, ethnicity, national origin, religion, sex, gender, gender identity, sexual orientation, disability, age, veteran status, or any other characteristic protected by law;

• (h) is obscene, sexually explicit, or gratuitously violent, or that depicts or promotes self harm, eating disorders, or the exploitation or endangerment of minors;

• (i) contains the personal information of any third party, including customer lists, contact databases, email addresses, employee records, or health or financial information, without a lawful basis and any required consent;

• (j) contains any virus, worm, trojan horse, ransomware, spyware, keystroke logger, malicious script, or other harmful code, or any file designed to interrupt, damage, or limit the functioning of any software, hardware, or network;

• (k) constitutes unsolicited commercial messaging, spam, chain communications, pyramid or multilevel marketing promotion, or deceptive lead generation;

• (l) is plagiarized, or that presents the work of another person as your own;

• (m) contains an endorsement, testimonial, or sponsored placement without the disclosures required by applicable law;

• (n) disparages an identifiable person or organization, or asserts or implies that an identifiable person or organization is incompetent, dishonest, negligent, or responsible for a failure, where the assertion is not true, is not supported by a reasonable and good faith basis in fact, or is presented without the context necessary to prevent it from being misleading;

• (o) is submitted wholly or partly for the purpose of retaliating against, punishing, pressuring, or damaging the reputation of a current or former employer, colleague, manager, subordinate, client, agency, vendor, or competitor; or

• (p) violates any policy, guideline, or community standard that Dusted publishes and makes available through the Service.

11.2 Prohibited conduct.

You may not, and may not attempt to, and may not authorize or encourage any third party to:

• (a) interfere with, disrupt, overburden, or impair the Service, its servers, or any network connected to it, including through denial of service activity or excessive request volume;

• (b) probe, scan, or test the vulnerability of the Service, or breach, circumvent, or attempt to circumvent any security or authentication measure, other than pursuant to a written authorization from Dusted;

• (c) reverse engineer, decompile, disassemble, decrypt, or otherwise attempt to derive the source code, object code, architecture, algorithms, model weights, or underlying ideas of the Service, except to the limited extent that applicable law expressly prohibits such a restriction;

• (d) copy, modify, adapt, translate, or create derivative works of the Service or any Dusted Content, or remove, obscure, or alter any proprietary notice;

• (e) register Accounts by automated means, register or maintain multiple Accounts in violation of Section 3.4, or create an Account after your prior Account has been suspended or terminated;

• (f) artificially inflate, manipulate, or misrepresent views, follows, reactions, comments, endorsements, rankings, engagement metrics, or search placement, including through the use of bots, coordinated inauthentic activity, or paid engagement;

• (g) use the Service to develop, market, or operate a product or service that competes with the Service, or to conduct competitive benchmarking, market intelligence gathering, or product analysis for a competitor;

• (h) resell, sublicense, time share, or provide access to the Service to any person who is not an authorized User;

• (i) use the Service to recruit, solicit, or contact Users in a manner that violates applicable law or any communication preference that a User has expressed; or

• (j) use the Service in violation of any applicable law or regulation, including export control, sanctions, anticorruption, advertising, privacy, employment, and consumer protection laws.

11.3 Statements about identifiable people and organizations.

Case studies necessarily describe circumstances that existed before your work began, and Dusted does not require you to omit that context. Dusted does, however, require you to describe it responsibly. When your User Content refers to a situation involving an identifiable person or organization, including a former employer, a predecessor in your role, a colleague, an agency, a vendor, or a client, the following rules apply:

• (a) describe the situation, the constraints, and the results rather than assigning blame to an individual, and prefer a general description such as the role, the function, or the type of organization over a name where naming is not necessary to the point you are making;

• (b) state facts that are true and that you can substantiate, and be prepared to produce that substantiation on request under Section 8.5;

• (c) distinguish clearly between fact and opinion, and do not present a subjective judgment about a person or organization as though it were an established fact;

• (d) do not attribute a business outcome to the incompetence, bad faith, or misconduct of a named individual;

• (e) do not disclose the confidential information, unreleased work, internal metrics, or personnel matters of any organization in the course of describing the situation, and comply with Section 8 in all respects; and

• (f) obtain permission before naming a client or an employer in a manner that reflects negatively on that client or employer.

Dusted may remove, restrict, or de index User Content that does not comply with this Section 11.3, may require you to edit or substantiate a statement as a condition of continued publication, and may act on a complaint submitted under Section 16.2 or Section 16.3. Dusted does not adjudicate whether a statement is true or defamatory, and its decision to remove or retain content is not a determination on the merits. You are solely responsible for the statements you publish, and your indemnity obligations under Section 23 extend to any claim arising from them.

11.4 Enforcement.

Dusted may take any action it considers appropriate in response to an actual or suspected violation of these Terms, including issuing a warning, removing or restricting content, limiting or removing features, reducing distribution, revoking verification, suspending or terminating an Account, refusing future registration, taking technical countermeasures, and reporting the matter to law enforcement or other authorities. Dusted may take such action with or without prior notice and is not required to provide an explanation. Dusted's decisions regarding enforcement are made at its sole discretion, and nothing in this Section obligates Dusted to take action in any particular case.

11.5 Reporting.

You may report content or conduct that you believe violates these Terms to abuse@dusted.io. Dusted reviews reports it receives but does not guarantee any particular response, outcome, or timeframe, and is not obligated to inform you of the result of any review.

12. ARTIFICIAL INTELLIGENCE FEATURES, MACHINE LEARNING, AND PLATFORM INSIGHTS

12.1 Insights and analytical features.

The Service includes or may include features that analyze User Content and Usage Data across the platform in order to surface benchmarks, patterns, summaries, classifications, taxonomies, recommendations, trend reports, and other Insights to Users, to Vendors, and to the public. Insights are generated in aggregated or deidentified form except where an individual User's public content is expressly identified within a feature designed to display it, such as a curated collection, a leaderboard, or a discovery surface.

12.2 License to develop and train models.

In addition to the license granted in Section 7.2, you grant Dusted a worldwide, nonexclusive, royalty free, fully paid, perpetual, irrevocable, transferable, and sublicensable license to use, reproduce, process, analyze, annotate, label, and create derivative works of your User Content and Usage Data for the purpose of researching, developing, training, pretraining, fine tuning, testing, evaluating, benchmarking, aligning, and improving machine learning models, artificial intelligence systems, algorithms, datasets, classifiers, embeddings, search and recommendation systems, and other technologies, whether those models and technologies are developed by Dusted or by a third party on Dusted's behalf, and whether they are used to power the Service or any other product or service. This license survives the deletion of your User Content and the termination of your Account with respect to models and technologies already trained or in training.

12.3 Generated outputs.

Models developed as described in this Section 12 may generate text, summaries, recommendations, classifications, images, or other outputs that are provided to you, to other Users, to Vendors, or to the public. You acknowledge that:

• (a) outputs are generated by automated systems, may be inaccurate, incomplete, outdated, or misleading, and must be independently verified before being relied upon;

• (b) outputs may be similar to or resemble outputs generated for other Users, and Dusted makes no representation regarding the uniqueness, originality, or availability of intellectual property protection in any output;

• (c) you are solely responsible for any use you make of an output, including any publication, distribution, or commercial exploitation of it, and for confirming that such use complies with applicable law and third party rights; and

• (d) outputs do not constitute professional advice and are subject to Section 5.5, Section 21, and Section 22.

12.4 Ownership of Insights, models, and derived data.

Dusted owns, and you assign to Dusted all right, title, and interest that you may hold in, all Insights, aggregated data, deidentified data, statistical data, annotations, labels, embeddings, model architectures, model parameters and weights, and other technology and materials created by or on behalf of Dusted in connection with this Section 12, provided that Dusted acquires no ownership interest in your underlying User Content itself. Dusted may use, disclose, publish, license, and commercialize Insights and deidentified data without restriction and without attribution or compensation to you, provided that Dusted will not publicly attribute deidentified or aggregated data to you and will not intentionally reidentify data that it has deidentified.

12.5 Third party model and infrastructure providers.

Dusted may use third party providers of models, computing infrastructure, and related tooling in connection with the activities described in this Section 12. Where Dusted transmits User Content or Usage Data to such a provider, Dusted will use commercially reasonable efforts to engage providers under contractual terms that restrict the provider's use of that data to the provision of services to Dusted.

12.6 Notice, consent, and your right to opt out.

Dusted will disclose the uses described in this Section 12 at the point of registration and in the Privacy Policy, and the following applies:

• (a) Dusted maintains a control in your Account settings that allows you to withdraw your User Content from use in the development and training of models under Section 12.2, and you may also exercise that control by writing to privacy@dusted.io;

• (b) where the law applicable to you requires your affirmative consent before your User Content or personal information may be used for the purposes described in Section 12.2, Dusted will obtain that consent separately from your acceptance of these Terms and will not use your User Content for those purposes unless and until you give it, and you may withdraw that consent at any time without affecting the lawfulness of processing carried out before withdrawal;

• (c) exercising a control or withdrawing consent under this Section operates prospectively only. It does not require Dusted to retrain, modify, or delete any model that has already been trained, and it does not affect Insights, deidentified data, annotations, embeddings, or other artifacts already generated;

• (d) exercising a control under this Section may limit the functionality available to you, including the availability of features that depend on the models in question, but Dusted will not otherwise degrade your access to the Service, charge you a different price, or retaliate against you for doing so; and

• (e) if Dusted materially expands the purposes described in Section 12.2, it will provide notice in accordance with Section 27.1 before the expanded use takes effect, and will obtain your consent where applicable law requires it.

12.7 Synthetic media restrictions.

Neither Dusted nor any User may use the Service or any feature of it to create synthetic or manipulated media that depicts an identifiable person saying or doing something that the person did not say or do, except with that person's express consent and with clear disclosure that the media is synthetic. You may not use the Service to generate content that impersonates another User or misrepresents the origin or authorship of any work.

12.8 Responsible use of artificial intelligence features.

If you use an artificial intelligence feature of the Service to help draft, summarize, or generate content, you remain fully responsible for the resulting User Content, including the accuracy of any claim it contains and its compliance with Sections 8 and 11. You must not use such features to generate infringing, deceptive, defamatory, or unlawful material, to evade content moderation, or to produce content at a volume or in a manner that degrades the quality of the community.

12.9 The AI Assistant and Voice Input.

The Service includes an AI Assistant that interacts with you in order to help you plan, structure, draft, and refine case studies and other User Content. You may interact with the AI Assistant by typing or, where the Voice Input feature is available, by speaking to it. Voice Input is optional. You are never required to use it, and the AI Assistant remains available through text input.

12.10 Recording, transcription, and notice.

When you use Voice Input, the Service accesses your device microphone with your permission and records, transmits, transcribes, and processes your speech in order to operate the feature. Dusted will present a clear notice before your first voice session and will display an indicator while recording is in progress. Your microphone is accessed only while a voice session is active, and you may end a session, mute the microphone, or withdraw microphone permission through your device settings at any time. Audio recordings, transcripts, and the notes and drafts derived from them are User Content and are subject to Section 7, Section 8, and this Section 12, and are handled as described in the Privacy Policy.

12.11 Your responsibilities when using Voice Input.

You are responsible for what you say. In particular:

• (a) you must not speak confidential, proprietary, or trade secret information belonging to an employer, a client, or any other party, and the representations in Section 8.1 apply to speech in the same way that they apply to a file you upload;

• (b) you must not use Voice Input in a setting where the speech of another person may be captured, and you must not use it to record a meeting, a call, an interview, or a conversation involving any other person, unless every participant has given the consent that the law of each applicable jurisdiction requires. Many jurisdictions, including California, require the consent of all parties to the recording of a communication. Compliance is your responsibility;

• (c) you must not speak the personal information of any third party, and must not use Voice Input to dictate customer lists, employee records, or comparable material; and

• (d) the restrictions in Section 11 apply in full to anything you say, including the restrictions in Section 11.3 concerning statements about identifiable people and organizations.

12.12 No voice identification.

Dusted does not use Voice Input to identify or authenticate you. Dusted does not create, extract, store, or compare voiceprints, voice templates, or other biometric identifiers derived from your speech, does not use voice recognition to determine who is speaking, and does not use your voice to infer characteristics about you. Voice recordings are processed for the purpose of transcription and the operation of the AI Assistant only.

12.13 Output of the AI Assistant.

Anything the AI Assistant produces is a draft for your review. You are responsible for reading, verifying, correcting, and approving it before you publish it, and it becomes your User Content when you do. The AI Assistant may misunderstand speech, transcribe words incorrectly, summarize inaccurately, or generate statements that are wrong, unsupported, or that you did not intend, including statements about results, clients, or other people. Section 12.3, Section 5.5, Section 21, and Section 22 apply to everything it produces. You must not publish an output that you have not verified.

12.14 Availability of the AI Assistant.

The AI Assistant and Voice Input are provided subject to Section 5.3 and Section 5.4. They may be unavailable in some jurisdictions, languages, browsers, or devices, may be subject to usage limits, may be offered as a paid feature in the future, and may be modified, limited, suspended, or discontinued at any time.

13. FEEDBACK

13.1 Voluntary submission.

You are not required to provide Feedback. If you choose to do so, you do so voluntarily and without any expectation of confidentiality, compensation, attribution, or obligation on the part of Dusted.

13.2 License to Feedback.

You grant Dusted a worldwide, perpetual, irrevocable, royalty free, fully paid, transferable, and sublicensable license to use, reproduce, modify, disclose, distribute, commercialize, and exploit Feedback for any purpose, without restriction and without any payment or credit to you. Dusted may develop, implement, and commercialize products and features that incorporate or are similar to your Feedback, and you waive any claim arising from that development.

14. DUSTED INTELLECTUAL PROPERTY

14.1 Ownership.

The Service and all Dusted Content are owned by Dusted or its licensors and are protected by United States and international copyright, trademark, trade secret, patent, and other intellectual property laws. Except for the limited licenses expressly granted in these Terms, no right, title, license, or interest in the Service or Dusted Content is transferred to you, and all rights not expressly granted are reserved.

14.2 Limited license to Dusted Content.

Subject to these Terms, you may view and, where a download function is provided, download Dusted Content for your own internal professional use. You may not reproduce, distribute, publicly display, sell, license, modify, or create derivative works of Dusted Content except as expressly permitted.

14.3 Trademarks.

The Dusted name, the Dusted logo, "The marketing community built on proof, not polish," and all related names, logos, product and service names, taglines, designs, and slogans are trademarks of Dusted or its affiliates. You may not use them without Dusted's prior written consent, except that you may make truthful, nominative reference to Dusted in ordinary text without implying sponsorship or endorsement. All other trademarks appearing on the Service are the property of their respective owners, and their appearance does not indicate any affiliation with or endorsement by Dusted.

14.4 Suggestions of endorsement.

You may not state or imply that Dusted sponsors, endorses, certifies, verifies, or is affiliated with you, your employer, your client, or your products or services, and you may not use Dusted's name or marks in any advertising, press release, or promotional material without prior written consent.

15. COPYRIGHT POLICY AND NOTICE PROCEDURES

15.1 Policy.

Dusted respects the intellectual property rights of others and expects Users to do the same. Dusted responds to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act, 17 U.S.C. § 512, and with comparable requirements of other applicable law.

15.2 Notice of alleged infringement.

If you believe that content on the Service infringes your copyright, you may send a written notice to Dusted's designated agent that includes all of the following:

• (a) a physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf;

• (b) identification of the copyrighted work claimed to have been infringed, or, if multiple works are covered by a single notice, a representative list of those works;

• (c) identification of the material claimed to be infringing, with information reasonably sufficient to permit Dusted to locate it, including the URL of the page on which it appears;

• (d) information reasonably sufficient to permit Dusted to contact you, including your name, mailing address, telephone number, and email address;

• (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

• (f) a statement that the information in the notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on the owner's behalf.

15.3 Designated agent.

Notices must be sent to Dusted's designated agent at:

Copyright Agent
Dusted LLC
35 Miller Ave, Unit #615
Mill Valley, California 94941
Email: dmca@dusted.io

Notices that do not substantially comply with the requirements of Section 15.2 may not be effective, and Dusted may decline to act on them. Dusted may forward a complete notice, including your identifying information, to the User who posted the material and may publish information about the notice in a transparency report.

15.4 Counter notification.

If your content was removed in response to a notice and you believe the removal was the result of mistake or misidentification, you may send a counter notification to the designated agent that includes your physical or electronic signature; identification of the material removed and the location at which it appeared; a statement under penalty of perjury that you have a good faith belief that the material was removed as a result of mistake or misidentification; your name, address, and telephone number; and a statement that you consent to the jurisdiction of the United States District Court for the district in which your address is located, or, if your address is outside the United States, for any judicial district in which Dusted may be found, and that you will accept service of process from the person who submitted the original notice. If Dusted receives a valid counter notification, it may restore the material as permitted by law.

15.5 Repeat infringers.

Dusted maintains a policy of terminating the Accounts of Users who are the subject of repeated valid notices of infringement, and may terminate an Account for a single instance of egregious or willful infringement. Dusted may also terminate the Account of a User who repeatedly submits notices in bad faith.

15.6 Misrepresentation.

Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing, or that material was removed by mistake or misidentification, may be liable for damages, including costs and attorneys' fees. Do not submit a notice or a counter notification unless you are certain of the accuracy of its contents.

16. TRADEMARK, PUBLICITY, AND CONFIDENTIALITY COMPLAINTS

16.1 Trademark complaints.

If you believe that content on the Service infringes your trademark rights, you may submit a notice to legal@dusted.io identifying the mark, the registration or common law basis for your rights, the goods or services for which the mark is used, the location of the allegedly infringing content, the basis on which you believe the use is likely to cause confusion, and your contact information, together with a statement that the information provided is accurate.

16.2 Publicity, privacy, and defamation complaints.

If you believe that content on the Service uses your name, image, likeness, or voice without authorization, discloses your private information, or contains a false statement of fact about you, you may submit a notice to legal@dusted.io describing the content, its location, the basis for your objection, and your contact information. Complaints that User Content disparages you or your organization, or that it misstates your role or performance, are handled under this Section together with Section 11.3.

16.3 Employer, client, and confidentiality complaints.

Dusted maintains an expedited process for organizations that believe a User has published their confidential information, trade secrets, proprietary materials, unreleased work, or brand assets without authorization. Notices should be submitted to legal@dusted.io by an authorized representative and should identify the organization, the representative and their authority, the specific content and its location, and the basis for the claim. Dusted may remove or restrict the identified content pending resolution and may disclose the notice to the User who posted the content.

16.4 No adjudication of disputes.

Dusted is not a court, an arbitrator, or a fact finder, and does not adjudicate competing claims of ownership, authorship, confidentiality, or defamation. Dusted's decision to remove, restore, or leave content in place is not a determination on the merits, and Dusted expressly disclaims any obligation to resolve disputes between Users or between a User and a third party. Disputes of that kind must be resolved directly among the parties involved.

17. THIRD PARTY CONTENT, VENDORS, AND LINKS

17.1 User Content is not endorsed.

User Content reflects the views, claims, and work of the User who submitted it, not those of Dusted. Dusted does not endorse, verify, guarantee, or assume responsibility for any User Content, including any representation regarding campaign results, professional credentials, employment history, methodology, or authorship. You are solely responsible for evaluating the accuracy, completeness, reliability, and usefulness of any User Content before relying on it.

17.2 Vendor content and sponsored placements.

The Service includes or may include content, profiles, listings, educational materials, sponsorships, and promotional placements provided or paid for by Vendors. Dusted will identify paid placements as required by applicable law. Dusted does not endorse, certify, or guarantee any Vendor, and does not warrant any Vendor's products, services, claims, pricing, or performance. Any transaction, engagement, or relationship that you enter into with a Vendor is solely between you and that Vendor, and Dusted is not a party to it and bears no responsibility or liability for it.

17.3 Third Party Services.

The Service may interoperate with or link to Third Party Services. Your use of a Third Party Service is governed by that provider's own terms and privacy practices, and you should review them. Dusted does not control Third Party Services, does not warrant their availability, security, accuracy, or continued interoperability, and is not responsible for any act, omission, product, service, content, or data practice of any third party. Dusted may discontinue any integration at any time.

17.4 Links.

Links appearing on the Service are provided for convenience and do not signify endorsement. Dusted has no control over and assumes no responsibility for the content, policies, or practices of any linked website.

17.5 Interactions with other Users.

You are solely responsible for your interactions with other Users, including any professional engagement, collaboration, hiring decision, business relationship, or exchange of information or funds. Dusted does not screen, background check, or vet Users, and Dusted disclaims all liability arising from your interactions with them.

18. COMMUNICATIONS AND ELECTRONIC NOTICES

18.1 Consent to electronic communications and records.

You consent to receive all communications, agreements, notices, disclosures, and other records from Dusted in electronic form, including by email to the address associated with your Account, by message within the Service, or by posting to the Service. You agree that electronic delivery satisfies any legal requirement that a communication be in writing, and you consent to the use of electronic signatures and records under the Electronic Signatures in Global and National Commerce Act and comparable state and foreign law. You may request a paper copy of an electronic record by writing to legal@dusted.io, and Dusted may charge a reasonable fee for that service.

18.2 Service and transactional messages.

Dusted may send you administrative, security, transactional, and service related messages, including notices of changes to these Terms, billing notices, security alerts, and messages regarding activity on your Account. You may not opt out of these messages while you maintain an Account, other than by closing your Account.

18.3 Marketing communications.

Dusted may send you newsletters, product announcements, community updates, and other marketing communications in accordance with applicable law. You may unsubscribe from marketing communications at any time by using the unsubscribe link in the message or by adjusting your Account notification settings. Unsubscribing does not affect Service and transactional messages.

18.4 Text messages.

If you provide a mobile telephone number and opt in to text messaging, you consent to receive text messages from Dusted at that number, including messages sent using an automatic telephone dialing system. Consent is not a condition of any purchase. Message and data rates may apply. You may opt out by replying STOP to any message.

18.5 Notices to you.

Notices that Dusted provides to you are deemed given and received on the date they are sent to the email address associated with your Account or, if posted to the Service, on the date of posting. It is your responsibility to keep your email address current and to monitor it. A notice is effective even if you do not read it.

18.6 Withdrawal of consent.

You may withdraw your consent to receive electronic communications only by closing your Account, because Dusted provides the Service exclusively through electronic means.

19. PRIVACY

19.1 Privacy Policy.

Dusted's collection, use, disclosure, and retention of personal information is described in the Dusted Privacy Policy, which is available on the Service and is incorporated into these Terms by reference. By using the Service, you acknowledge that you have read the Privacy Policy.

19.2 International transfer.

The Service is hosted and operated in the United States. By using the Service, you understand that your information, including personal information and User Content, will be transferred to, stored in, and processed in the United States and in other countries where Dusted or its service providers operate, and that data protection laws in those countries may differ from those of your country of residence. Dusted implements the transfer safeguards described in the Privacy Policy.

19.3 Your obligations regarding third party personal information.

If you upload User Content that contains the personal information of any third party, you act as the controller or comparable responsible party with respect to that information, and you are responsible for establishing a lawful basis for the disclosure, providing any required notice, obtaining any required consent, and responding to any request that the individual makes to you. You must not upload special category, sensitive, health, financial, biometric, or children's personal information through the Service.

20. DEACTIVATION, SUSPENSION, AND TERMINATION

These Terms distinguish between three different things that can happen to an Account. Deactivation is temporary and is initiated by you. Suspension is temporary and is initiated by Dusted. Termination is permanent and may be initiated by either party. The consequences of each are set out below.

20.1 Deactivation.

Deactivation is a temporary and reversible step that you may take through your Account settings where Dusted makes the option available. When you deactivate, your Profile and your published User Content are hidden from other Users, from Visitors, and from the public, and your Account is treated as inactive. Your Account and your User Content are retained. Deactivation is not deletion, and it does not close your Account, end these Terms, or cause your data to be erased. You may reverse a Deactivation by signing in again, and your Profile and User Content will be restored to their prior visibility. Deactivation operates prospectively and does not remove copies of your content that were made by third parties while it was public, as described in Section 9.

20.2 Suspension by Dusted.

Suspension is a temporary restriction that Dusted may impose on your access to the Service or to any feature of it, including where Dusted is reviewing a complaint, investigating suspected abuse, responding to a security concern, or awaiting information that it has requested from you. During a Suspension your Account and User Content are retained, but your access may be limited and your User Content may be hidden from public view. Dusted will use reasonable efforts to tell you the general reason for a Suspension and what is required to resolve it, unless doing so would compromise an investigation, breach a legal obligation, or create a risk to any person. A Suspension may be lifted, may be extended, or may lead to Termination.

20.3 Termination by you.

You may terminate these Terms at any time by closing your Account through your Account settings or by writing to support@dusted.io. Closing your Account is permanent. It is not the same as Deactivation, it cannot be reversed, and a closed Account cannot be restored. If you want to step away from the Service temporarily and keep your work, use Deactivation rather than closure. Closing your Account does not entitle you to a refund of any amount paid and does not relieve you of any obligation that accrued before closure.

20.4 Termination by Dusted.

Dusted may terminate your Account and your access to the Service, in whole or in part, at any time and for any reason or no reason, with or without notice, including if Dusted believes that you have violated these Terms; that your conduct creates legal risk, security risk, or harm to Dusted, to other Users, or to third parties; that your Account has been inactive for an extended period, following reasonable notice to the email address on file; or that Dusted is required to act by law. Dusted may also discontinue the Service in its entirety at any time. Where the circumstances allow, Dusted will consider Suspension before Termination, but it is not obliged to do so.

20.5 Effect of Termination.

On Termination, your license to access and use the Service ends immediately, your Profile and User Content are removed from public display, and your Account and its associated data are deleted in accordance with the retention periods set out in the Privacy Policy, subject to Section 7.4 and to any retention that applicable law requires or permits. Dusted will use commercially reasonable efforts to give you a period during which to export the data that you are entitled to export before deletion occurs, but is not obliged to do so where the Termination results from a violation of these Terms or where prompt removal is necessary to prevent harm.

20.6 No liability.

To the maximum extent permitted by applicable law, Dusted is not liable to you or to any third party for the Deactivation, Suspension, or Termination of your Account, the removal of User Content, or the discontinuation of the Service or of any feature.

20.7 Survival.

Sections 2, 7.4, 7.6, 8, 10, 12.2, 12.4, 13, 14, 19, 20.5 through 20.8, 21, 22, 23, 24, 25, 26, 28, and 29, together with any other provision that by its nature is intended to survive, continue in effect after Termination or expiration of these Terms.

20.8 Reinstatement.

Dusted has no obligation to reinstate a terminated Account or to restore removed User Content, and may decline to do so at its sole discretion. This Section does not affect your ability to reverse a Deactivation under Section 20.1.

21. DISCLAIMER OF WARRANTIES

21.1

THE SERVICE, INCLUDING ALL DUSTED CONTENT, USER CONTENT, INSIGHTS, OUTPUTS OF ARTIFICIAL INTELLIGENCE FEATURES, AND THIRD PARTY SERVICES ACCESSED THROUGH IT, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DUSTED, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NONINFRINGEMENT.

21.2

WITHOUT LIMITING THE FOREGOING, DUSTED DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT ANY DEFECT WILL BE CORRECTED; THAT ANY CONTENT, INSIGHT, OR OUTPUT WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, OR FIT FOR ANY PURPOSE; THAT ANY USER, CREDENTIAL, CLAIM, OR MARKETING ARTIFACT IS AUTHENTIC, AUTHORIZED, OR ACCURATELY DESCRIBED; OR THAT USE OF THE SERVICE WILL PRODUCE ANY PROFESSIONAL, COMMERCIAL, OR FINANCIAL RESULT.

21.3

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DUSTED OR THROUGH THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND FOR ANY RELIANCE YOU PLACE ON ANY CONTENT OBTAINED THROUGH IT.

21.4

BETA, PREVIEW, EXPERIMENTAL, AND EARLY ACCESS FEATURES ARE PROVIDED WITHOUT ANY WARRANTY WHATSOEVER, AND SECTION 5.3 APPLIES TO THEM IN ADDITION TO THIS SECTION 21.

21.5 Jurisdictional limitations.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of statutory consumer rights. In those jurisdictions, the exclusions in this Section 21 apply to the fullest extent permitted by applicable law, and nothing in these Terms limits any right that you have under mandatory law that cannot lawfully be waived.

22. LIMITATION OF LIABILITY

22.1

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DUSTED OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, REPUTATION, OPPORTUNITY, DATA, OR CONTENT, OR FOR ANY COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, STATUTE, OR ANY OTHER THEORY, AND WHETHER OR NOT DUSTED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

22.2

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF DUSTED AND THE PARTIES DESCRIBED IN SECTION 22.1 FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT THAT YOU PAID TO DUSTED FOR THE SERVICE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE FIRST SUCH CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS.

22.3

THE LIMITATIONS IN THIS SECTION 22 APPLY TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING CLAIMS RELATING TO USER CONTENT, TO THE LOSS OR UNAUTHORIZED DISCLOSURE OF USER CONTENT, TO THE ACTS OR OMISSIONS OF OTHER USERS OR OF VENDORS, TO THIRD PARTY CLAIMS AGAINST YOU ARISING FROM MATERIAL YOU POSTED, TO THE OUTPUTS OF ARTIFICIAL INTELLIGENCE FEATURES, AND TO ANY INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE.

22.4

THE PARTIES ACKNOWLEDGE THAT THE DISCLAIMERS IN SECTION 21 AND THE LIMITATIONS IN THIS SECTION 22 ARE ESSENTIAL ELEMENTS OF THE BARGAIN BETWEEN THEM, THAT DUSTED WOULD NOT PROVIDE THE SERVICE ON THE TERMS STATED WITHOUT THEM, AND THAT THEY APPLY EVEN IF A LIMITED REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

22.5 Time limitation on claims.

To the maximum extent permitted by applicable law, any claim arising out of or relating to these Terms or the Service must be brought within one year after the claim accrues. A claim not brought within that period is permanently barred.

22.6 Release relating to disputes with others.

You release Dusted and the parties described in Section 22.1 from all claims, demands, damages, and liabilities of every kind, known and unknown, arising out of or in any way connected with a dispute between you and another User, a Vendor, an employer, a client, or any other third party. If you are a resident of California, you expressly waive California Civil Code section 1542, which provides: "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." You also waive the protections of any comparable law of any other jurisdiction.

22.7 Jurisdictional limitations.

Some jurisdictions do not permit the exclusion or limitation of liability for certain types of damages, including damages for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, gross negligence, or willful misconduct. In those jurisdictions, Dusted's liability is limited to the greatest extent permitted by applicable law, and nothing in these Terms excludes liability that cannot lawfully be excluded.

23. INDEMNIFICATION

23.1 Your indemnity.

You agree to defend, indemnify, and hold harmless Dusted and its members, managers, officers, employees, contractors, agents, successors, and assigns from and against all claims, demands, actions, proceedings, investigations, losses, damages, liabilities, judgments, settlements, fines, penalties, interest, costs, and expenses, including reasonable attorneys' fees and the costs of investigation and enforcement, arising out of or relating to:

• (a) your User Content, including any claim that it infringes or misappropriates the intellectual property rights of any person, discloses confidential information or trade secrets, violates a right of privacy or publicity, is defamatory, or contains a false or unsubstantiated claim;

• (b) your breach or alleged breach of these Terms, including of the representations and warranties in Section 8;

• (c) your breach of any agreement with, or duty owed to, an employer, a client, a former employer, a former client, or any other third party;

• (d) your violation of any applicable law or regulation, or of the rights of any third party;

• (e) your use or misuse of the Service, including any use of an output generated by an artificial intelligence feature; and

• (f) any dispute between you and another User, a Vendor, an employer, a client, or any other third party.

23.2 Procedure.

Dusted will provide you with reasonably prompt notice of any claim for which it seeks indemnification, provided that a failure to give prompt notice does not relieve you of your obligations except to the extent that you are materially prejudiced. Dusted may, at its option and at your expense, assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate fully with Dusted's defense. You may not settle any claim in a manner that imposes any obligation, admission, payment, or restriction on Dusted without Dusted's prior written consent.

23.3 Survival.

Your obligations under this Section 23 survive termination of these Terms and closure of your Account.

24. DISPUTE RESOLUTION AND BINDING ARBITRATION

24.1

PLEASE READ THIS SECTION 24 CAREFULLY. IT REQUIRES YOU AND DUSTED TO RESOLVE MOST DISPUTES THROUGH INDIVIDUAL BINDING ARBITRATION RATHER THAN IN COURT, AND IT LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. YOU MAY REJECT THIS ARBITRATION AGREEMENT IN ACCORDANCE WITH SECTION 24.10.

24.2 Informal resolution.

Before initiating arbitration or any other proceeding, you and Dusted agree to attempt to resolve the dispute informally. The party raising the dispute must send a written notice of dispute to the other party that includes the sender's name, address, and Account email; a description of the nature and basis of the dispute; the specific relief sought; and, if the sender is represented, the name of counsel. A notice to Dusted must be sent to legal@dusted.io and to the address in Section 29.1. The parties will confer in good faith for sixty days after the notice is received, including by telephone or videoconference if either party requests. This informal resolution process is a condition precedent to commencing arbitration, and the applicable statute of limitations is tolled while it is pending.

24.3 Agreement to arbitrate.

Except as provided in Section 24.4, you and Dusted agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, the Service, your Account, or the relationship between you and Dusted, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising before, during, or after the termination of these Terms, will be resolved exclusively by final and binding individual arbitration and not in a court of law. This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., and evidences a transaction involving interstate commerce.

24.4 Exceptions.

Notwithstanding Section 24.3:

• (a) either party may bring an individual action in a small claims court of competent jurisdiction if the claim qualifies and remains in that court on an individual basis;

• (b) either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, the unauthorized access to or use of the Service, or the breach of confidentiality obligations;

• (c) either party may bring an individual claim before a governmental agency, and nothing in these Terms prevents you from reporting conduct to, filing a charge with, cooperating with, or participating in a proceeding of any governmental or regulatory authority; and

• (d) a claim for public injunctive relief that cannot lawfully be waived or arbitrated under applicable law is severed from arbitration and stayed pending the conclusion of the arbitration of all arbitrable claims, after which it may be litigated in the courts identified in Section 25.2.

24.5 Arbitration provider and rules.

The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as modified by these Terms, and the rules in effect at the time the arbitration is commenced will apply. The rules are available at adr.org. If the American Arbitration Association is unavailable or unwilling to administer the arbitration consistently with these Terms, the parties will select an alternative administrator by agreement, and if they cannot agree, a court of competent jurisdiction will appoint one.

24.6 Location and format.

Unless the parties agree otherwise, an arbitration seeking less than twenty five thousand United States dollars will be conducted on the basis of written submissions or by telephone or videoconference. Any in person hearing will take place in the county of your residence or, at your election, in Marin County, California. The arbitrator will issue a written decision that states the essential findings and conclusions on which the award is based.

24.7 Authority of the arbitrator.

The arbitrator has exclusive authority to resolve all disputes regarding the interpretation, applicability, enforceability, and formation of these Terms, including any claim that all or part of them is void or voidable, except that a court of competent jurisdiction, and not an arbitrator, has exclusive authority to determine the enforceability and interpretation of Section 24.8. The arbitrator may award only the relief that a court could award on an individual claim, 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 that party's individual claim, and may not consolidate claims or preside over any form of representative proceeding. The arbitrator's award is final and binding, and judgment on it may be entered in any court of competent jurisdiction.

24.8 Class action and jury trial waiver.

You and Dusted agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff, claimant, or class member in any purported class, collective, consolidated, coordinated, or representative proceeding, including any action brought in a representative capacity on behalf of the general public. You and Dusted further waive any right to a trial by jury with respect to any claim, whether resolved in arbitration or in court. If this Section 24.8 is found to be unenforceable as to a particular claim or request for relief, that claim or request is severed and must be brought in the courts identified in Section 25.2, and the remainder of this Section 24 continues to apply to all other claims.

24.9 Fees and costs.

Payment of filing, administrative, and arbitrator fees is governed by the rules of the administrator. Where the applicable rules would require you to pay a filing fee that exceeds the fee for commencing an action in the applicable federal or state court, Dusted will pay the excess. Each party otherwise bears its own attorneys' fees and costs, except that the arbitrator may award fees and costs where authorized by applicable law or by the administrator's rules, including in the case of a claim or defense brought for an improper purpose.

24.10 Coordinated proceedings.

If twenty five or more substantially similar demands for arbitration are filed against Dusted by or with the assistance of the same law firm or coordinated group of counsel within a ninety day period, the parties agree that the demands will be administered in sequential batches of no more than fifty demands, with a single arbitrator appointed for each batch, and that the applicable statute of limitations is tolled for all demands not in the batch then being heard. This provision is intended to promote efficiency, and the parties agree to cooperate in good faith in its implementation. A court of competent jurisdiction, and not an arbitrator, has authority to enforce this Section.

24.11 Your right to opt out of arbitration.

You may reject this agreement to arbitrate by sending Dusted written notice of your decision within thirty days after the date on which you first accept these Terms. The notice must be sent by email to legal@dusted.io with the subject line "Arbitration Opt Out" or by mail to the address in Section 29.1, and must include your name, the email address associated with your Account, and a clear statement that you reject the arbitration agreement. Opting out has no other effect on your relationship with Dusted, does not affect any other provision of these Terms, and does not affect the class action waiver or jury trial waiver in Section 24.8 to the extent those provisions apply in court. If you opt out, disputes will be resolved in the courts identified in Section 25.2. Dusted will not retaliate against you for opting out.

24.12 Severability and survival.

If any portion of this Section 24 other than Section 24.8 is found to be unenforceable, that portion is severed and the remainder continues in full force. This Section 24 survives the termination of these Terms and the closure of your Account. If Dusted amends this Section 24 after the date on which you accepted these Terms, the amendment does not apply to any dispute of which Dusted had actual notice on the effective date of the amendment.

25. GOVERNING LAW AND VENUE

25.1 Governing law.

These Terms and any dispute arising out of or relating to them or to the Service are governed by the laws of the State of California and, where applicable, the Federal Arbitration Act and other federal law of the United States, without regard to any conflict of laws principle that would require the application of the law of another jurisdiction.

25.2 Venue.

For any dispute not subject to arbitration, and for any action to enforce or vacate an arbitration award, you and Dusted consent to the exclusive jurisdiction and venue of the state courts located in Marin County, California, and of the United States District Court for the Northern District of California, and each party waives any objection to jurisdiction, venue, and forum in those courts, including any objection based on inconvenient forum.

25.3 Excluded conventions.

The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to these Terms.

25.4 Mandatory local protections.

If you reside outside the United States, nothing in this Section 25 deprives you of the protection of any mandatory consumer protection provision of the law of your country of habitual residence that cannot be derogated from by agreement, and you may have the right to bring proceedings in the courts of that country to the extent that applicable law so provides.

26. INTERNATIONAL USE, EXPORT CONTROLS, AND SANCTIONS

26.1 United States operation.

The Service is controlled and operated from the United States and is not intended to subject Dusted to the laws or jurisdiction of any other country. Dusted makes no representation that the Service or any content available through it is appropriate, lawful, or available in any particular location.

26.2 Local compliance.

If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with all applicable local law, including law governing the export and import of data, the confidentiality of business information, advertising and marketing practices, employment obligations, and the protection of personal information.

26.3 Export controls and sanctions.

You represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in any country or territory that is the subject of comprehensive United States economic sanctions; that you are not identified on any restricted or denied party list maintained by the United States government, including the Specially Designated Nationals and Blocked Persons List administered by the Office of Foreign Assets Control; and that you are not owned or controlled by, or acting on behalf of, any such person. You agree not to use, export, reexport, or transfer the Service or any technology or data obtained through it in violation of United States export control or sanctions law, or of any comparable law of another jurisdiction.

26.4 United States government users.

The Service is a commercial product developed exclusively at private expense. Any use, duplication, or disclosure by or on behalf of the United States government is subject to these Terms as a commercial item, consistent with Federal Acquisition Regulation 12.212 and Defense Federal Acquisition Regulation Supplement 227.7202.

26.5 Language.

These Terms are drafted in English. Any translation is provided for convenience only, and the English version governs in the event of any inconsistency, except where applicable law requires otherwise.

27. MODIFICATIONS TO THESE TERMS AND TO THE SERVICE

27.1 Changes to these Terms.

Dusted may modify these Terms at any time. If Dusted makes a material change, it will provide notice by posting the revised Terms on the Service with an updated Effective Date and, where the change materially reduces your rights or increases your obligations, by sending notice to the email address associated with your Account or by presenting an in Service notice at least fourteen days before the change takes effect, except where a shorter period is required to address a legal, security, or safety obligation. Nonmaterial changes take effect on posting.

27.2 Your acceptance and right to reject.

Your continued access to or use of the Service after the effective date of revised Terms constitutes your acceptance of them. If you do not accept revised Terms, you must stop using the Service and close your Account before they take effect. Closing your Account is your exclusive remedy for a change to these Terms that you do not accept.

27.3 Effect on pending disputes.

A change to these Terms does not apply retroactively to any dispute of which Dusted had actual notice before the effective date of the change, and Section 24.12 governs changes to the arbitration agreement.

27.4 Changes to the Service.

Dusted may add, change, suspend, limit, or discontinue any feature of the Service at any time and without liability. Dusted will use reasonable efforts to provide advance notice of the discontinuation of a feature that you actively use, but is not obligated to do so.

28. GENERAL PROVISIONS

28.1 Entire agreement.

These Terms, together with the Privacy Policy and any supplemental terms incorporated by reference, constitute the entire agreement between you and Dusted regarding the Service and supersede all prior and contemporaneous understandings, proposals, representations, and communications, whether oral or written, on that subject. No statement made in marketing material, on a website, in a webinar, or by any representative of Dusted forms part of these Terms unless it is expressly incorporated.

28.2 Severability.

If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or, if modification is not possible, severed, and the remaining provisions will continue in full force and effect. Section 24.8 is governed by its own severability rule.

28.3 No waiver.

No failure or delay by Dusted in exercising any right under these Terms operates as a waiver of that right, and no single or partial exercise precludes any further exercise. A waiver is effective only if it is in writing and signed by an authorized representative of Dusted.

28.4 Assignment.

You may not assign, delegate, or transfer these Terms or any right or obligation under them, by operation of law or otherwise, without Dusted's prior written consent, and any attempted assignment without consent is void. Dusted may assign or transfer these Terms, in whole or in part, without restriction and without notice, including in connection with a merger, acquisition, reorganization, financing, or sale of assets. These Terms bind and benefit the parties and their permitted successors and assigns.

28.5 Relationship of the parties.

You and Dusted are independent parties. Nothing in these Terms creates any partnership, joint venture, agency, franchise, employment, or fiduciary relationship between you and Dusted, and neither party has authority to bind the other.

28.6 No third party beneficiaries.

These Terms do not confer any right, benefit, or remedy on any person other than you and Dusted, except that the parties described in Sections 22.1 and 23.1 may enforce the provisions that benefit them.

28.7 Force majeure.

Dusted is not liable for any delay or failure to perform resulting from a cause beyond its reasonable control, including an act of God, natural disaster, epidemic, fire, flood, earthquake, war, civil unrest, act of terrorism, labor dispute, governmental action, change in law, failure of a utility or telecommunications provider, failure or degradation of a third party service, cyberattack, or denial of service attack.

28.8 Interpretation.

Section headings are for convenience only and do not affect interpretation. The words "including," "include," and "such as" are not limiting and mean "including without limitation." The word "or" is inclusive. Words in the singular include the plural and vice versa. A reference to a statute or regulation includes any successor to it. These Terms will not be construed against either party as the drafter.

28.9 Equitable relief.

You acknowledge that a breach of Section 5.2, Section 5.3(d), Section 10, Section 11, or Section 14 may cause Dusted irreparable harm for which monetary damages would be an inadequate remedy, and that Dusted is entitled to seek injunctive and other equitable relief in respect of such a breach without the necessity of posting a bond or proving actual damages, in addition to any other remedy available to it.

28.10 Cumulative remedies.

Except as expressly stated otherwise, all rights and remedies under these Terms are cumulative and are in addition to, and not exclusive of, any other right or remedy available at law or in equity.

28.11 Electronic acceptance.

You agree that your electronic acceptance of these Terms, including by clicking a button, checking a box, or continuing to use the Service, has the same legal effect as a handwritten signature and constitutes your intent to be bound.

28.12 Attorneys' fees.

In any proceeding to enforce these Terms in which a court or arbitrator awards fees, the prevailing party is entitled to recover its reasonable attorneys' fees and costs to the extent permitted by applicable law.

29. NOTICES AND CONTACT INFORMATION

29.1 Notices to Dusted.

Legal notices to Dusted must be in writing and sent to:

Dusted LLC
Attention: Legal
35 Miller Ave, Unit #615
Mill Valley, California 94941
Email: legal@dusted.io

A notice sent by mail is deemed received three business days after deposit with a nationally recognized overnight courier or five business days after deposit in the United States mail, first class postage prepaid. A notice sent by email is deemed received on the business day it is sent, provided that no delivery failure is received.

29.2 Other contacts.

For general support, contact support@dusted.io. For privacy requests, contact privacy@dusted.io. For copyright notices, contact dmca@dusted.io. For reports of abuse or policy violations, contact abuse@dusted.io. For security matters, contact security@dusted.io. For billing matters, contact billing@dusted.io.

30. NOTICE TO CALIFORNIA CONSUMERS

Under California Civil Code section 1789.3, California residents are entitled to the following consumer rights notice. The provider of the Service is Dusted LLC, 35 Miller Ave, Unit #615, Mill Valley, California 94941. Individual Accounts are provided free of charge as of the Effective Date of these Terms; the price of any paid offering is disclosed at the point of purchase. To file a complaint regarding the Service, or to receive further information regarding use of the Service, contact Dusted in writing at the address above or by email at legal@dusted.io. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952 5210.

By accessing or using the Dusted Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Dusted LLC | 35 Miller Ave, Unit #615, Mill Valley, California 94941 | dusted.io