By downloading, installing, accessing, or using the NotiFetch mobile application ("Service" or "App"), you affirm that you have read, understood, and agree to be legally bound by these Terms of Service ("Terms"), our Privacy Policy available at https://www.notifetch.in/privacy, and all applicable laws and regulations. These Terms constitute a legally binding agreement between you ("User," "you," or "your") and NotiFetch ("we," "us," or "our").

If you do not agree to these Terms in their entirety, you are expressly prohibited from accessing or using the Service and must uninstall the application from your device immediately. Your continued use of the Service following the publication of any modifications to these Terms shall constitute your unconditional acceptance of such changes.

You represent and warrant that you are at least 18 years of age (or the age of legal majority in your jurisdiction) and possess the legal capacity to enter into these Terms. If you are using the Service on behalf of an entity, you further represent and warrant that you have the authority to bind that entity to these Terms.

These Terms are effective as of the date of your first use of the Service and remain in effect until terminated by either party in accordance with the provisions herein. We reserve the right to refuse access to the Service to any person for any reason at any time, subject to applicable law.

NotiFetch is a personal notification management and earnings analytics tool designed for delivery partners and gig workers. The Service operates by utilizing Android's NotificationListenerService API to read and organize notifications that the user's device has already received from delivery partner applications installed on the same device. NotiFetch does not create, modify, intercept, or redirect any notifications — it merely presents and organizes the notification content that the user has already received and can view in their device's notification shade.

The core functionality of NotiFetch is limited to reading notifications from specific, pre-identified delivery partner application packages on the user's Android device. NotiFetch only reads notifications from designated delivery partner packages — it never reads, accesses, or processes notifications from banking applications, social media platforms, messaging applications, healthcare applications, or any other personal, financial, or sensitive applications on the user's device. This package-scoped access is a fundamental architectural constraint enforced at the code level and cannot be overridden by the user or by any third party.

NotiFetch does not access, connect to, or communicate with any delivery platform's APIs, servers, web services, or backend systems. It does not transmit any data to, or receive any data from, any delivery platform. NotiFetch does not authenticate on behalf of the user with any delivery platform, does not store any credentials, auth tokens, session cookies, or login information, and does not perform any action on any delivery platform's system or application.

The Service provides users with a consolidated, organized view of their delivery-related notifications, along with optional analytics and earnings tracking features. NotiFetch is currently in its Free Preview period — every feature and every platform is unlocked at no cost, and no payment information is collected. After the preview ends, a real free tier will remain available (with limited platform support), and an optional premium tier will launch with the full platform catalog. When the premium tier launches, payments will be processed through Razorpay (for users in India) and Stripe (for international users).

NotiFetch may display the names, trademarks, service marks, trade dress, or logos of third-party delivery platforms within the application for the sole purpose of identifying the source of notifications that the user has received on their device. This use is made under the doctrine of nominative fair use (also known as "fair reference"), as recognized under Indian trademark law (Trade Marks Act, 1999, Section 30), United States trademark law (Lanham Act, 15 U.S.C. § 1115(b)(4)), and equivalent provisions in the European Union and other jurisdictions.

The nominative fair use doctrine permits the use of a third party's trademark to refer to the trademark owner's goods or services, provided that: (a) the product or service in question is not readily identifiable without use of the trademark; (b) only so much of the mark is used as is reasonably necessary to identify the product or service; and (c) the user does nothing that would suggest sponsorship or endorsement by the trademark holder. NotiFetch's use of delivery platform names and logos satisfies all three prongs of this test.

Within NotiFetch, the display names assigned to each delivery platform are fully customizable by the user. The default display names use the brand names of the respective platforms under nominative fair use for identification purposes only. Users may change these display names to any name of their choosing at any time through the application's settings. NotiFetch does not claim any ownership, authorship, or affiliation with any third-party trademarks displayed within the application.

All trademarks, service marks, trade names, logos, and brand identifiers referenced in the NotiFetch application are and remain the exclusive property of their respective owners. The inclusion of any such mark in the application does not imply endorsement, sponsorship, partnership, affiliation, or certification by the mark owner. NotiFetch respects the intellectual property rights of all third parties and will promptly comply with any valid takedown or modification request from a trademark owner.

NotiFetch is designed and intended exclusively as a personal notification management and organization tool for delivery partners and gig workers. The Service is to be used solely to read, organize, and manage notifications that the user has already received on their Android device from delivery partner applications. The acceptable use of NotiFetch includes, but is not limited to: viewing delivery notifications in a consolidated interface; organizing notifications by platform, type, or priority; tracking personal earnings derived from notification data; analyzing personal delivery trends and patterns; and managing notification preferences and settings.

Users may utilize NotiFetch only in a manner that is consistent with all applicable local, state, national, and international laws and regulations, including but not limited to the Information Technology Act, 2000 (India), the Digital Personal Data Protection Act, 2023 (India), the General Data Protection Regulation (EU), the Computer Fraud and Abuse Act (United States), and Google Play Store policies. Users must comply with all terms and conditions imposed by their device manufacturer, operating system provider, and any delivery platform whose notifications are being read.

Users must not use NotiFetch in any manner that circumvents, interferes with, disrupts, or degrades the operation of any delivery platform, any other user's experience, or any third-party service. Users must not use NotiFetch to gain any unfair advantage in the allocation, acceptance, or processing of delivery orders on any platform. NotiFetch is intended to enhance the user's personal productivity and organization — not to game, exploit, or manipulate any platform's systems or algorithms.

The notification listener permission granted to NotiFetch must be used exclusively for the purposes described in these Terms. Users must not attempt to expand the scope of notification access beyond the delivery partner packages specified by the application, or to use the notification data for any purpose other than personal notification management and analytics.

NotiFetch is committed to protecting the privacy and security of all user data. Our data practices are governed by our Privacy Policy, available at https://www.notifetch.in/privacy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection, processing, storage, and use of your data as described in the Privacy Policy.

NotiFetch reads notification data solely from designated delivery partner application packages on the user's device. It never reads, accesses, or processes notifications from banking applications, social media platforms, messaging applications (including WhatsApp, Telegram, SMS, or any other messaging service), healthcare applications, or any other personal, financial, or sensitive applications. This package-scoped access restriction is enforced at the code level and cannot be overridden by the user or any third party.

In compliance with the Digital Personal Data Protection Act, 2023 (India), NotiFetch acts as a Data Fiduciary with respect to the personal data it processes. We process personal data only for legitimate and lawful purposes, maintain reasonable security safeguards to prevent unauthorized access, and do not share personal data with any third party without the user's consent unless required by law. Users have the right to access, correct, update, and delete their personal data as outlined in our Privacy Policy and Section 15 (Data Deletion Rights) of these Terms.

For users located in the European Union, NotiFetch complies with the General Data Protection Regulation (GDPR) (EU) 2016/679. We process personal data only on the basis of lawful processing conditions as set out in Article 6 of the GDPR, including consent, contractual necessity, and legitimate interests. EU users have the right to access, rectify, erase, restrict processing, data portability, and object to processing, as further detailed in our Privacy Policy. Our Data Protection Officer can be reached at dpo@notifetch.app.

NotiFetch does not store any delivery platform credentials, authentication tokens, session cookies, or login information. Notification data is processed locally on the user's device, and only data necessary for the provision of the Service is transmitted to our servers. All data transmission is encrypted using TLS 1.3, and sensitive data at rest is encrypted using AES-256 encryption.

NotiFetch requires the user to grant explicit Android notification listener permission through the Android operating system's standard security settings. This permission is required for the core functionality of the Service — namely, reading and organizing delivery-related notifications from the user's device. The user must navigate to their device's Settings > Apps > Special App Access > Notification Access and explicitly enable notification access for NotiFetch. This permission is never granted automatically or without the user's affirmative action.

In compliance with the Digital Personal Data Protection Act, 2023 (India) and the EU GDPR, NotiFetch obtains free, specific, informed, and unambiguous consent from the user before processing any personal data. Consent is collected through a clear and conspicuous in-app consent flow that explains: (a) the specific data being collected; (b) the purpose for which the data is being collected; (c) how the data will be processed and stored; (d) the user's right to withdraw consent at any time; and (e) the consequences of withholding or withdrawing consent.

The user may revoke the notification listener permission at any time through their Android device settings. Revoking this permission will disable NotiFetch's core notification reading functionality but will not affect the user's account or previously stored data. The user may also delete their account and all associated data as described in Section 15 (Data Deletion Rights).

NotiFetch does not request, require, or collect any permissions beyond those strictly necessary for the provision of the Service. We adhere to the principle of data minimization as required by the DPDP Act 2023 (India) and Article 5(1)(c) of the EU GDPR, and we collect only the minimum data necessary to provide the features the user has actively chosen to use.

For users in India, in compliance with Section 43A of the Information Technology Act, 2000 and the IT (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, NotiFetch ensures that all sensitive personal data or information is collected, processed, and stored in accordance with reasonable security practices and procedures. We publish our privacy practices in our Privacy Policy and obtain consent before collecting any sensitive personal data.

The NotiFetch application, including but not limited to its source code, object code, user interface design, visual design, graphics, icons, logos, trademarks, service marks, text, documentation, and all other content and materials (collectively, "NotiFetch IP"), is owned exclusively by NotiFetch and is protected by applicable intellectual property laws, including the Copyright Act, 1957 (India), the Indian Design Act, 2000, the Digital Millennium Copyright Act (United States), and equivalent laws in other jurisdictions.

The "NotiFetch" name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks or service marks of NotiFetch. You may not use these marks without the prior written permission of NotiFetch. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners, and their use in the application is governed by Section 5 (Nominative Fair Use Notice) of these Terms.

You retain all ownership rights in the data you provide to the Service, including your personal information, earnings data, and notification content. NotiFetch does not claim any ownership interest in your data. However, by using the Service, you grant NotiFetch a limited, non-exclusive, non-transferable, revocable license to process, store, and display your data solely for the purpose of providing the Service to you.

NotiFetch retains ownership of any aggregated, anonymized, or de-identified data derived from the use of the Service, provided that such data cannot reasonably be used to identify any individual user. This aggregated data may be used by NotiFetch for analytics, service improvement, and other lawful purposes, and may be shared with third parties in a form that does not identify any individual user.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTIFETCH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF EARNINGS, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY, OR ANY OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NOTIFETCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL NOTIFETCH'S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO NOTIFETCH IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM; OR (B) INR 1,000 (ONE THOUSAND INDIAN RUPEES). THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED.

NotiFetch shall not be liable for any loss of earnings, missed delivery opportunities, account suspension or deactivation on any delivery platform, reduction in order assignments, or any other adverse action taken by any delivery platform against the user. These risks are borne exclusively by the user, as described in Section 4 (User Responsibility for Platform ToS Compliance).

NotiFetch shall not be liable for any interruption, cessation, or degradation of the Service caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of labor, fuel, materials, or supplies, failure of telecommunications or internet infrastructure, changes in Android operating system policies or APIs, or actions by delivery platforms that prevent NotiFetch from functioning.

This limitation of liability is a fundamental term of these Terms and reflects the allocation of risk between the parties. The fees charged for the Service, if any, are based on this limitation of liability. Nothing in these Terms shall exclude or limit liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited by applicable law, including liability under Section 43A of the India IT Act, 2000 for failure to implement reasonable security practices.

You agree to indemnify, defend, and hold harmless NotiFetch, its officers, directors, employees, agents, affiliates, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, suits, proceedings, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or related to: (a) your use of or access to the Service; (b) your violation of these Terms; (c) your violation of any applicable law, rule, or regulation, including but not limited to the India IT Act, 2000, the DPDP Act, 2023, the EU GDPR, and the US CFAA; (d) your violation of any third party's rights, including any delivery platform's Terms of Service or intellectual property rights; or (e) any content or data you submit, transmit, or process through the Service.

Without limiting the generality of the foregoing, you specifically agree to indemnify the Indemnified Parties against any claims made by any delivery platform arising from your use of NotiFetch in connection with that platform, including but not limited to claims of breach of the platform's Terms of Service, unauthorized access to the platform's systems, violation of the platform's intellectual property rights, or any other claim arising from your use of notification data originating from the platform.

NotiFetch reserves the right to assume the exclusive defense and control of any matter subject to indemnification, and you shall not settle any such matter without the prior written consent of NotiFetch. You shall cooperate fully with NotiFetch in the defense of any indemnified claim, including providing all relevant information and materials within your possession or control. If you are required to make a payment to a third party in connection with any indemnified claim, you shall promptly reimburse NotiFetch for all costs and expenses incurred in connection therewith.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT. NOTIFETCH DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, OR COMPLETE.

NotiFetch does not warrant or guarantee the accuracy, completeness, or reliability of any earnings calculations, order details, or notification content displayed within the application. All such data is derived from notifications received on the user's device and may contain errors, omissions, or discrepancies due to factors beyond our control, including but not limited to notification formatting changes by delivery platforms, delayed or missing notifications, or operating system-level modifications to notification content.

NotiFetch is not a delivery platform and does not provide delivery, logistics, or transportation services. NotiFetch does not guarantee that the Service will enhance the user's earnings, improve order acceptance rates, or provide any specific financial or operational benefit. Any reliance on the Service for business, financial, or operational decisions is at the user's sole risk.

No advice, information, or statement made by NotiFetch, its employees, agents, or representatives, whether orally or in writing, shall create any warranty not expressly stated in these Terms. NotiFetch disclaims all liability for any harm or damages resulting from your reliance on any information or content provided through the Service.

NotiFetch does not endorse, guarantee, or assume responsibility for any content, products, or services offered by any third party, including any delivery platform. Any transaction or interaction between you and any delivery platform is solely between you and that platform, and NotiFetch bears no responsibility or liability for such interactions.

You may terminate your NotiFetch account at any time by navigating to your account settings within the application and selecting the "Delete Account" option, or by contacting us at legal@notifetch.app with a written request for account termination. Upon termination, your right to access and use the Service will cease immediately.

NotiFetch reserves the right to suspend, restrict, or terminate your account, without prior notice or liability, for any reason, including but not limited to: (a) your breach of any provision of these Terms; (b) your violation of any applicable law or regulation; (c) your use of the Service in any manner that is harmful to NotiFetch, its users, or any third party; (d) your violation of any delivery platform's Terms of Service that comes to NotiFetch's attention; or (e) any conduct that NotiFetch reasonably determines to be inappropriate, unethical, or contrary to the spirit of these Terms.

In the event of account termination, whether initiated by you or by NotiFetch, the following provisions shall survive: Sections 3 (No Affiliation), 4 (User Responsibility), 5 (Nominative Fair Use Notice), 8 (User Data and Privacy), 10 (Intellectual Property), 11 (Limitation of Liability), 12 (Indemnification), 13 (Disclaimers), 16 (Governing Law), and 17 (Dispute Resolution). These provisions shall continue to apply to you indefinitely following termination.

During the Free Preview period, all features are unlocked at no cost — there are no active paid subscriptions to cancel or refund. After the premium tier launches, subscribers with an active paid subscription at the time of account termination will retain access to premium features until the end of their current billing period. No refunds will be issued for partial billing periods, except as required by applicable law or as described in our refund policy. Upon account deletion, your data will be handled in accordance with Section 15 (Data Deletion Rights) and our Privacy Policy.

You have the right to request the deletion of your personal data at any time, subject to certain limited exceptions as required by applicable law. To request deletion, you may use the "Delete Account" feature in the application settings, or submit a written request to legal@notifetch.app. We will process your deletion request within thirty (30) days of receipt and confirm the deletion in writing.

In compliance with the Digital Personal Data Protection Act, 2023 (India), you have the right to: (a) obtain confirmation from NotiFetch as to whether or not your personal data is being processed; (b) access the specific categories of personal data being processed; (c) obtain a copy of your personal data in a machine-readable format; (d) request correction of inaccurate or incomplete personal data; and (e) request the erasure of your personal data, subject to exceptions for legal compliance, security of the State, and prevention of offences.

In compliance with the EU GDPR, you have the right to erasure ("right to be forgotten") under Article 17, subject to the grounds for refusal listed in Article 17(3), including compliance with a legal obligation, the establishment, exercise, or defense of legal claims, and public health purposes. Where we have made your personal data public and are obliged to erase it, we shall take reasonable steps to inform other controllers processing that data of your erasure request.

Upon account deletion, NotiFetch will: (a) delete your account profile and preferences within thirty (30) days; (b) delete notification data stored on our servers within thirty (30) days; (c) anonymize or aggregate any usage data that cannot identify you individually; and (d) retain only such data as is required by applicable law, including financial records required by tax and accounting regulations for a period of seven (7) years. Data retained for legal compliance will be stored securely and used only for the purpose for which retention is required.

These Terms of Service shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. The courts of Bengaluru, Karnataka, India shall have exclusive jurisdiction over any disputes arising from or related to these Terms or the Service, subject to the dispute resolution provisions in Section 17.

Without limiting the foregoing, these Terms are specifically designed to comply with the Information Technology Act, 2000 (India), including Section 43 (penalty for unauthorized access), Section 43A (compensation for failure to protect data), and Section 72A (punishment for disclosure of information in breach of lawful contract); the Digital Personal Data Protection Act, 2023 (India); the General Data Protection Regulation (EU) 2016/679; the Computer Fraud and Abuse Act (18 U.S.C. § 1030) (United States); and Google Play Store policies, including the Google Play Developer Program Policies and the Google Play Terms of Service.

For users located in the European Union, the mandatory provisions of applicable EU consumer protection law shall apply notwithstanding the governing law specified above. Nothing in these Terms shall deprive you of mandatory consumer protections afforded by the laws of your country of residence.

If you are accessing the Service from a jurisdiction outside India, you are responsible for ensuring that your use of the Service complies with all applicable local, state, national, and international laws and regulations. NotiFetch makes no representation that the Service is appropriate or available for use in all jurisdictions, and access to the Service from jurisdictions where the content or functionality of the Service is illegal is prohibited.

In the event of any dispute, controversy, or claim arising out of or relating to these Terms, the Service, or the relationship between you and NotiFetch (collectively, a "Dispute"), you agree to first attempt to resolve the Dispute informally by submitting a written complaint to legal@notifetch.app with a detailed description of the Dispute and the relief sought. NotiFetch will acknowledge receipt of your complaint within seven (7) business days and will attempt to resolve the Dispute in good faith within thirty (30) days of receipt.

If the informal resolution process fails to resolve the Dispute within thirty (30) days, either party may initiate arbitration proceedings. All Disputes that are not resolved informally shall be resolved by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996 (India). The arbitration shall be conducted by a sole arbitrator appointed mutually by the parties. If the parties cannot agree on an arbitrator within fifteen (15) days, the arbitrator shall be appointed by the Bengaluru Arbitration Centre or such other institution as may be agreed upon by the parties.

The arbitration proceedings shall be conducted in English and shall take place in Bengaluru, Karnataka, India. The arbitrator may conduct hearings remotely via video conference if agreed by both parties or if circumstances require. The arbitrator's decision shall be final and binding on both parties and may be enforced in any court of competent jurisdiction. The costs of arbitration shall be borne as determined by the arbitrator.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction for breaches of intellectual property rights, confidentiality obligations, or any matter requiring urgent interim relief. The obligation to arbitrate shall not be construed as a waiver of either party's right to seek such interim or equitable relief.

You agree that any arbitration or court proceedings shall be conducted on an individual basis only, and not as part of a class action, collective action, or representative action. You expressly waive any right to participate in a class action, collective action, or representative action against NotiFetch. The arbitrator may consolidate only claims brought by or against the same party and may not consolidate claims of different users.

NotiFetch reserves the right to modify, amend, or update these Terms of Service at any time, in its sole discretion. All changes to these Terms will be effective immediately upon publication on our website at https://www.notifetch.in/terms, unless otherwise specified. The "Last Updated" date at the top of these Terms will be revised to reflect the date of the most recent modification.

For material changes to these Terms — including changes that affect the scope of data collection, user liability, payment terms, or dispute resolution — NotiFetch will provide at least thirty (30) days' prior written notice to users via email and/or in-app notification. The notice will include a summary of the material changes and a link to the revised Terms. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms.

If you do not agree with the revised Terms, you must discontinue use of the Service and delete your account before the effective date of the changes. If you continue to use the Service after the changes take effect, you will be bound by the revised Terms. NotiFetch will maintain previous versions of these Terms and will make them available upon request.

In compliance with the DPDP Act, 2023 (India) and the EU GDPR, if any changes to these Terms affect the processing of your personal data, we will obtain your affirmative consent before implementing such changes where consent is the legal basis for processing. We will also update our Privacy Policy accordingly and notify you of any changes to our data practices.

If you have any questions, concerns, or feedback regarding these Terms of Service, the Service, or your rights under applicable law, please contact us using the information provided below. We are committed to responding to all inquiries in a timely and comprehensive manner.

For data access, deletion, or portability requests under the DPDP Act, 2023 (India) or the EU GDPR, please submit your request to legal@notifetch.app with the subject line "Data Rights Request." We will verify your identity and respond within the timeframes prescribed by applicable law: thirty (30) days under the DPDP Act and thirty (30) days (extendable by sixty (60) days for complex requests) under the GDPR.

For GDPR-related complaints, EU users may also contact their local Data Protection Authority. A list of EU Data Protection Authorities is available at https://www.edpb.europa.eu/about-edpb/about-edpb/members_en. Indian users may approach the Data Protection Board of India established under the DPDP Act, 2023.

If any provision of these Terms of Service is held to be invalid, illegal, void, unenforceable, or in conflict with applicable law by a court of competent jurisdiction or an arbitrator, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, while preserving the parties' original intent. If such modification is not possible, the offending provision shall be severed from these Terms without affecting the validity, legality, or enforceability of the remaining provisions.

The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision, and all other provisions shall continue in full force and effect. The parties agree that any provision held to be invalid or unenforceable shall be replaced by a valid and enforceable provision that achieves, to the greatest extent possible, the economic, legal, and commercial objectives of the invalid or unenforceable provision.

Without limiting the generality of the foregoing, if the limitation of liability in Section 11 or the indemnification obligations in Section 12 are held to be unenforceable in any jurisdiction, such provisions shall be modified to the maximum extent permitted by law in that jurisdiction, and the remaining provisions of these Terms shall continue to apply in full force and effect.

The section headings in these Terms are for convenience of reference only and shall not affect the interpretation or construction of any provision. No provision of these Terms shall be construed against any party by reason of its authorship. The language in these Terms shall be interpreted as to its fair meaning and not strictly for or against any party.