ChooChoo Terms and Conditions

Welcome aboard! These terms and conditions (“Terms”) lay out your (“You” or “Your”) obligations when accessing or using the ChooChoo’s (“We”, “Us” or “ChooChoo”) Services (defined below). By accessing Services, You (each a “Party,” and together with ChooChoo, the “Parties”), agree to comply with these terms.

You agree to comply with these Terms, the Privacy Policy, and, where applicable, any Data Processing Agreement. You represent and warrant that you have the authority to bind any party or entity you are acting on behalf of, and you will remain responsible for ensuring that your affiliates, agents, and any end-users you grant access to the Services also comply with these obligations.

We reserve the right to modify these Terms periodically by updating the terms and conditions on the website or providing direct written notice to you. If we determine, in our sole discretion, that a modification is material, we will make commercially reasonable efforts to notify you of such change. Your continued use of the Services shall constitute your acceptance of the updated Terms. If you do not agree to the modified Terms, you must immediately cease using the Services and ensure that your users also discontinue their use of the Services.

Interpretation and Definitions. In these Terms, words in the singular include the plural and vice versa. References to a "person" include both individuals and legal entities, such as companies. References to legislation include any amendments, extensions, re-enactments, or related subordinate provisions.

The following words and expressions will have the following meanings:

• “ChooChoo API” means the application programming interface developed and enabled by ChooChoo that permits You and Your Users to access and use certain functionality provided by the ChooChoo Services subject to this Terms and the Documentation;
  • “ChooChoo Content” means all data, information and material owned by or licensed to ChooChoo and comprised within the ChooChoo Services and on the ChooChoo Applications, but excluding Customer Data;
  • “Services” means ChooChoo’s customer relationship management (CRM) platform designed to enhance and support B2B relationships through AI-enabled workflows, tools, and capabilities. This includes access to the ChooChoo API (if applicable), any related materials, and documentation provided by ChooChoo to facilitate Your use of the platform;
  • “Confidential Information” means all information (however recorded or preserved) disclosed by a party, whether before or after the Effective Date including any information which is marked as confidential or has otherwise been indicated as being confidential, or (i) information relates to the business, affairs, customers, clients, licensors, suppliers, new products, plans, research, intentions, or market opportunities of the disclosing party (or of any member of the group of companies to which the disclosing party belongs); and (ii) information relating to the operations, processes, product information, ideas, formulas, source code, data, Intellectual Property Rights or software of the disclosing party (or of any member of the group of companies to which the disclosing party belongs or in relation to ChooChoo, any of its third party licensors;
  • “Customer” means a sole trader, corporate entity or organization, that accesses the ChooChoo Services under these Terms;
  • “Customer Data” means all data, information and material that You and/or Your Users input or upload to the ChooChoo Services or transmit through the ChooChoo Services and/or any Integration App, including Personal Data. For the avoidance of doubt, Customer Data shall include any data, information and material received from a third party which is shared with ChooChoo. Notwithstanding the foregoing, Customer Data does not include any aggregated, de-identified, or anonymized data that ChooChoo may generate in connection with the operation, improvement, or analysis of its Services, provided that such data does not identify You, Your Users, or any individual and cannot reasonably be used to reidentify them;
  • "Data Processing Addendum” or “DPA” means the data processing agreement which forms and is hereby incorporated into the part of the Terms;
  • “Data Protection Legislation” means (i) all applicable US federal and state laws and regulations relating to the processing, protection, privacy, and security of Personal Data, including, without limitation, the California Consumer Privacy Act (CCPA), the California Privacy Rights Act (CPRA), the Virginia Consumer Data Protection Act (VCDPA), the Colorado Privacy Act (CPA), the Connecticut Data Privacy Act (CTDPA), the Utah Consumer Privacy Act (UCPA), the Health Insurance Portability and Accountability Act (HIPAA), the Children's Online Privacy Protection Act (COPPA), Section 5 of the Federal Trade Commission Act, state data breach notification laws, and state data security laws; (ii) the EU General Data Protection Regulation 2016/679 (GDPR), European Directive 2002/58/EC (ePrivacy Directive), and the UK Data Protection Act 2018 (UK DPA); and (iii) any amendments, implementing regulations, or binding regulatory guidance relating to any of the foregoing, and all other applicable laws relating to processing of Personal Data and privacy that may exist in any relevant jurisdiction;
  • “Effective Date” means the date on which You gain access to and start using the ChooChoo Services and/or accept this Terms,
  • "Fees" means the fees payable by You for the ChooChoo Services in accordance with the Plan;
  • "Initial Term" means the fixed duration immediately following Your acceptance of the Terms as set out in the Plan;
  • "Intellectual Property Rights" means patents, patentable rights, copyright, design rights, rights in computer software, utility models, trademarks (whether or not any of the above are registered), trade names, rights in domain names, rights in inventions, rights in data, database rights, rights in get-up, goodwill, rights to sue for passing off or unfair competition, and rights to preserve the confidentiality of information (including know-how and trade secrets), and any and all other intellectual and industrial property rights, including all applications for (and rights to apply for and be granted), renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world;
  • “Malicious Software” means any viruses, malware, Trojan horses, or any other similar harmful software;
  • "Plan" means the subscription plan incorporating the level of support provided, features and relevant data limits that are made available as part of the Services and as chosen by You during the sign-up process or as amended by You in Your account section or manually by ChooChoo pursuant to Your request;
  • “Renewal Term” means the fixed duration immediately following and of equal duration to the Initial Term, unless otherwise stated in the Plan;

Development Rights.You acknowledge and agree that ChooChoo has the exclusive right to determine how the ChooChoo Services are developed. ChooChoo may add or remove features from the Services at any time, at its sole discretion, and You will not be entitled to compensation or other remedies as a result.

Term. These Terms apply to Your use of the Services starting from the Effective Date. Unless terminated earlier, these Terms will remain in effect for the duration of the agreed Plan (“Initial Term”) and will automatically renew in successive periods (“Renewal Terms”). Either party may terminate by providing at least fourteen (14) days’ notice before the end of the Initial Term or any Renewal Term.

License and scope of authorized use. Subject to these Terms, ChooChoo grants You a limited, non-transferable, non-exclusive, non-sublicensable, and revocable license to access and use the Services solely as necessary for Your authorized use of the Services. This license is subject to reasonable use, as determined solely by ChooChoo, and is valid only for the duration of the Plan.

You grant ChooChoo a non-exclusive, worldwide, fully paid-up, royalty-free, irrevocable, and sublicensable license to use Your Customer Data as necessary to provide the Services in accordance with these Terms. This includes the right to host, use, distribute, perform, display, translate, create derivative works, or otherwise process Customer Data for any business purpose related to operating, providing, or improving the Services.

Responsibility for Authorized and Unauthorized Users. You are solely responsible for all activity that occurs under Your account, including any actions or omissions by individuals You intentionally or unintentionally grant access to the Services (“Users”). This includes employees, contractors, agents, or any third parties. You must ensure that all Users comply with these Terms, the Privacy Policy, and any applicable agreements.

ChooChoo is not liable for any unauthorized access to or misuse of the Services arising from Your failure to safeguard account credentials, restrict access, or monitor account activity. You are required to notify ChooChoo immediately if You become aware of any unauthorized use of Your account or any security breach. Failure to do so may result in the suspension or termination of Your account without any liability to ChooChoo.

Restrictions. ChooChoo owns all rights, title, and interest in the Services. You are granted a limited right to use the Services as described in these Terms and in compliance with applicable laws. If personal information is exchanged, both parties agree to sign a data processing addendum to define compliance obligations.

You agree not to, and not to allow others to:

1. Use the Services in a way that violates any law or these Terms.
2. Infringe on any third party’s rights while using the Services.
3. Use the Services or its features to develop or evaluate machine learning models.
4. Tamper with, reverse engineer, or attempt to discover the source code or underlying components of the Services.
5. Access, use, or share data from the Services for any purpose outside what is permitted by these Terms.
6. Buy, sell, or transfer API keys, integration tools, or access codes.
7. Sell or share any data unless explicitly authorized in writing by the data owner.

You may not modify, translate, or create derivative works based on ChooChoo Services or applications. You also may not:

• Exceed or bypass any usage limits set by ChooChoo (e.g., API calls, storage, data enrichment) based on your plan.
• Allow unauthorized third-party access to the Services.
• Circumvent security measures or disrupt the Services (e.g., by overloading systems or hacking).
• Upload, share, or store content that violates intellectual property rights, data privacy laws, or other legal or ethical standards.
• Use the Services in connection with AI workflows in ways that violate OpenAI’s policies (available at https://openai.com/policies).

If your use of AI workflows affects individuals in a legally significant way, such as automated decision-making, you must ensure that human oversight is part of the process.

Monitoring. ChooChoo reserves the right to determine, in its sole discretion, whether you have violated these Terms. Any such violation will be considered a material breach, and ChooChoo may suspend or revoke your license to use the Services without prior notice. To avoid any doubt, ChooChoo reserves the right to monitor how You and Your Users use the Services. At any time and at its sole discretion, ChooChoo may impose additional restrictions or limits on Your use of the Services without prior notice. These restrictions may include limits on data storage, API calls, data enrichment features, or access to certain parts of the Services.

Publicity and Branding. ChooChoo has the right to reference and use Your name or logo on its website and disclose the nature of the Services for business and development and marketing efforts. All use of the ChooChoo brands, names, logos and assets must be pre-approved by ChooChoo in writing; please contact ChooChoo at [email protected] for this consent prior to any such use.

Administrator and Users. You will designate one (1) or more natural persons as the responsible party for communication with ChooChoo, cancelling or modifying the Plan, and adding or removing Users (the "Administrator"). You warrant and represent that the Administrator will have the authority to bind the Customer, except that another duly authorized representative of the Customer may change the Administrator by giving notice to ChooChoo via email or, if applicable, assigning the role to a duly authorized User within the ChooChoo Applications.

The Administrator may add or remove users by inviting colleagues during the online sign-up process which involves providing ChooChoo their email address(es) or by adding colleagues within the settings section of your account, again by providing ChooChoo their email address(es). By adding users, you instruct us to contact such user(s) to notify them of the ChooChoo Services in order for them to gain access to some or all of such ChooChoo Services. You warrant to us that prior to adding a user, you have informed such user and gained consent from them for ChooChoo to contact them in this regard, and further warrant that you have provided them ChooChoo’s Privacy Policy upon which their consent is based. You undertake to only provide colleagues work email addresses and never any personal email addresses or contact information about a person whom you have not complied with the preceding obligations in respect of.

User Responsibility for Access. You will ensure You have, and Users have, suitable internet service and hardware, telecommunications services, and software necessary to access the ChooChoo Applications and receive the ChooChoo Services over the internet as recommended by ChooChoo from time to time. ChooChoo accepts no liability or responsibility for the performance of any such hardware, telecommunications services, software, or internet service, or for the performance or availability of the internet itself.

Invoicing and payment.

Payment of Fees. All fees (“Fees”) are payable in advance, either annually or monthly, based on the Plan You select. ChooChoo offers different Plans that provide varying features and pricing. Certain features may only be available on specific Plans.

Plan Selection and Changes. You may select a Plan when signing up for ChooChoo Services. You can upgrade to a higher-priced Plan at any time. The change will take effect immediately. You can downgrade to a lower-priced Plan only after the Initial Term, effective at the start of a Renewal Term. Plan changes can be made through Your account or by contacting ChooChoo support at [email protected].

Payment Methods. Payment is due immediately upon invoicing. If You provide payment details for a credit card, debit card, or similar payment method (“Credit Card”), You authorize ChooChoo to charge the Credit Card for all Fees, including applicable taxes, and for Renewal Terms. Any additional charges (e.g., foreign transaction fees) from Your payment provider will be Your responsibility.

Non-Payment and Remedies. If Fees cannot be successfully processed, You remain responsible for unpaid amounts. ChooChoo may retry payment attempts or, if unsuccessful, suspend access to the Services. Any overdue amounts shall accrue interest at the rate of 1.5% per month (18% per annum) or the maximum rate permitted by applicable law, whichever is lower, until paid in full.

Refunds and Fee Adjustments. All Fees are non-refundable. ChooChoo reserves the right to change Fees with 30 days’ notice, which will apply at the end of the Initial Term or the current Renewal Term.

Taxes. All Fees are exclusive of taxes, which You are responsible for paying in accordance with applicable laws.

Disclaimer. The ChooChoo Services are provided on an “as is” and “as available” basis, without any warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or performance. ChooChoo does not guarantee that the Services will be uninterrupted, secure, error-free, or available at any specific time, nor does it warrant any results from using the Services. ChooChoo is not responsible for any harm to Your or any User’s systems, loss or corruption of data, or other damages resulting from access to or use of the Services. No advice, documentation, or information provided by ChooChoo, including vendor due diligence materials or communications, creates any warranty beyond what is expressly stated in these Terms. If ChooChoo, due to technical, legal, or operational reasons, can no longer fulfill any provision of these Terms, ChooChoo may, at its sole discretion, deem that provision non-binding. In such a case, Your sole and exclusive remedy is the right to terminate this agreement with thirty (30) days' written notice. No damages will be due, and no refunds will be issued.

Intellectual Property Rights.

Nothing in these Terms will cause the ownership of any Intellectual Property Rights belonging to one party to be transferred to the other, excluding Feedback (defined below). ChooChoo and/or its licensors will, as between the parties, remain the owner of all Intellectual Property Rights in ChooChoo's brands, trademarks and logos, the Services (including ChooChoo Content but excluding the Customer Data) and the ChooChoo Applications. Except as expressly permitted between the parties in writing or as otherwise set out in this Terms, You will not and will procure that Users will not use any of ChooChoo's Intellectual Property Rights without ChooChoo's prior written consent. If You become aware or suspect any improper or wrongful use of any of ChooChoo’s Intellectual Property Rights, You will promptly notify ChooChoo in writing of all circumstances relating to such improper or wrongful use. You will assist ChooChoo in taking all steps to defend ChooChoo's Intellectual Property Rights, but You will not institute legal proceedings of Your own accord. You will, as between the parties, remain the owner of all Intellectual Property Rights in the Customer Data. You warrant that You own the Customer Data and/or are otherwise entitled to grant the foregoing license and that the provision of the Customer Data to ChooChoo and exercise of any rights by ChooChoo in connection with the Customer Data will not breach any third party rights including any Intellectual Property Rights. If this Terms is terminated, the foregoing license will automatically terminate.

Feedback. If You or any Users provide ChooChoo with any feedback, comments, suggestions, enhancements, recommendations, or other input concerning the ChooChoo Services or any part thereof (collectively, “Feedback”), You hereby assign and/or procures Users to assign to ChooChoo all right, title, and interest in and to the Feedback, and agree and understand that ChooChoo is free to use the Feedback without payment, attribution, or restriction.

Warranties. You (on Your own account and on behalf of any User) represent, warrant and undertake to ChooChoo that:

a) You have all right, power and authority to grant any rights under these Terms;

b) the development, supply and use of the Customer Data and the grant of any rights by You under this Terms, will be in accordance with all applicable laws and will not infringe the rights of any third party;

c) You will comply with all applicable law, and have obtained and undertake that You will maintain all consents, licenses and permissions required by You to grant the rights and perform any obligations under these Terms;

e) You will use up to date, industry accepted anti-virus software to check for and prevent any Malicious Software being introduced into the Services; and

f) You will cooperate with ChooChoo to mitigate the effect of any Malicious Software found in any Integration App developed by You or Your User.

Indemnity. You shall indemnify ChooChoo against all loss or damage that ChooChoo incurs or suffers however arising as a result of or in connection with Your or your users use of the Services, the Customer Data, and Your and/or Your users’ violation of these Terms.

Liability. Nothing in this Terms limits or excludes either party's liability:

a) for death or personal injury caused by its negligence;

b) for fraudulent misrepresentation or for any other fraudulent act or omission;

c) to pay sums properly due and owing to the other in the normal course of performance of these Terms; and/or

d) for any other liability which may not lawfully be excluded or limited.

Subject to the previous clause, in no event will ChooChoo, its directors, employees, partners, agents, suppliers, or affiliates be liable (whether from breach of contract, tort (including negligence), breach of statutory duty or otherwise) for any:

a) loss of profit, loss of sales, turnover, revenue or business;

b) loss of customers, contracts or opportunity;

c) loss of or damage to reputation or goodwill;

d) loss of anticipated savings;

e) loss of any software or data;

f) loss of use of hardware, software or data;

g) loss or waste of management or other staff time;

h) indirect, incidental, consequential, special, or punitive damages (including service interruptions, computer damage or system failure)

arising out of or relating to Your or Your users’ access to or use of or inability to access or use of the Services or any part thereof; any conduct or content of any third party on the Services and/or ChooChoo applications; any content obtained from the Services; any conduct or content of any users; and, any unauthorized access, use or alteration of Your or Your Users’ transmissions or content, including Customer Data, whether based on warranty, contract, tort (including negligence) or any other legal theory and whether or not advised of the possibility of such losses.

ChooChoo's total aggregate liability arising out of or relating to this Terms or its subject matter and to anything which it has done or not done in connection with the same (whether from breach of contract, tort (including negligence), breach of statutory duty or otherwise) will be limited to the total amount of Fees actually paid by You in the twelve (12) months preceding the event giving rise to the claim.

Confidentiality. Each Party shall:

a) keep confidential all Confidential Information of the other party which it receives in connection with the provision or receipt of the Services;

b) apply to such Confidential Information no lesser security measures and degree of care than those which it takes in protecting its own Confidential Information and in any event no less than that which a reasonable person or business would take in protecting the same;

c) only use such Confidential Information as strictly necessary for the performance of, or exercise of its rights under, this Terms;

d) not disclose such Confidential Information to any third party (other than its professional advisers, officers, employees, agents, contractors, and sub-contractors on a 'need to know' basis as strictly required in accordance with these Terms and subject to each such person being bound by an obligation of confidentiality no less favorable than this clause ; and

e) promptly, upon request and, in any event, upon termination of this agreement (for whatever reason), return to the other party all materials (in whatever form) incorporating, embodying, or recording any such Confidential Information in its possession or control and, if requested by the other party, certify in writing that it has done so.

Confidential Information will not include any information that the recipient can establish:

a) was publicly known and made generally available in the public domain prior to the time of disclosure;

b) becomes publicly known and made generally available after disclosure through no breach of these Terms t or any other contractual obligation;

c) is already known by or legally in the possession of the recipient at the time of disclosure; and/or

d) is lawfully disclosed to the recipient, without any obligations of confidentiality owed by a third party.

Either Party may disclose the other's Confidential Information to the extent required by law or by any court, tribunal, regulator, or other authority with competent jurisdiction to order its disclosure (but only to the extent of such requirement).

You acknowledge and agree that the Services (including ChooChoo Content but excluding Customer Data) and ChooChoo applications and these Terms, including, in particular, the pricing, constitute Confidential Information of ChooChoo. ChooChoo acknowledges and agrees that the Customer Data constitutes Your Confidential Information.

Notwithstanding anything to the contrary, ChooChoo will have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the ChooChoo Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom), and ChooChoo will be free to:

a) use such information and data to improve and enhance the ChooChoo Services and for other development, diagnostic and corrective purposes in connection with the ChooChoo Services and other ChooChoo offerings; and

b) disclose such data solely in aggregate or other de-identified form.

Data Protection. As applicable, parties agree that they shall each comply with the requirements of Data Protection Legislation and that the terms of ChooChoo’s Data Processing Addendum shall apply to the processing (as defined in the Data Protection Legislation) of Personal Data (as defined in the Data Protection Legislation) in the Customer Data, pursuant to this Terms.

Termination and effect of termination. Without affecting any other right or remedy available to it, ChooChoo or You may terminate this Terms with immediate effect by giving written notice to the other party if:

a) the other party fails to pay any amount due under these Terms on the due date for payment and remains in default not less than fourteen (14) days after being notified in writing to make such payment;

b) the other party commits a material breach of these Terms which is irremediable or if remediable is not remedied within a period of fourteen (14) days after being notified in writing of the breach; or

c) the other party becomes insolvent, makes composition with its creditors, has a receiver or administrator of its undertaking or the whole or a substantial part of its assets appointed, or an order is made, or an effective resolution is passed, for its administration, receivership, liquidation, winding-up or other similar process, or has any distress, execution or other process levied or enforced against the whole or a substantial part of its assets (which is not discharged, paid out, withdrawn or removed within twenty-eight (28) days), or is subject to any proceedings which are equivalent or substantially similar to any of the foregoing under any applicable jurisdiction, or ceases to trade or threatens to do so.

On termination, You will pay in full for the Services up to and including the last day on which the Services are provided. Upon any termination, ChooChoo will make all Customer Data available to You for electronic retrieval for a period of thirty (30) days, but thereafter ChooChoo may, but is not obligated to, delete stored Customer Data.

All sections of these Terms which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.

ChooChoo may terminate these Terms at any time and without notice. In cases of immediate termination without cause by ChooChoo, ChooChoo will refund You the paid but unused portion of Fees for the remainder of the Initial Term or Renewal Term as the case may be.

ChooChoo may, in addition, and without liability, terminate this Terms, or alternatively, may suspend access to and use of the ChooChoo Services of any part thereof, by giving notice to You if any provision of these Terms is breached.

Force Majeure. Neither party will be liable to the other for any failure or delay in performing its obligations under this Terms except for Your payment obligations, which arises because of any circumstances which it cannot reasonably be expected to control (which will include Act of God, pandemics, explosion, flood, tempest, fire or accident, war or threat of war, sabotage, insurrection, civil disturbance or requisition, acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, import or export regulations or embargoes, strikes, lock-outs or other industrial actions or trade disputes (whether involving personnel of ChooChoo or a third party), difficulties in obtaining raw materials, labor, fuel, parts or machinery or breakdown in machinery, or interruption or failure of the internet or of any network, telecommunications, power supply or infrastructure, or any provider of any of the foregoing, but will not include shortage or lack of available funds on Your part), provided that it: a) notifies the other in writing as soon as reasonably practicable about the nature and extent of the circumstances and likely effects; b) uses reasonable efforts to mitigate the effects of the circumstances so as to minimize or avoid any adverse impact on the other; and c) uses reasonable efforts to resume performance as soon as reasonably practicable.

No Waiver. Unless the parties expressly agree otherwise in writing, if a party: a) fails to exercise or delays exercising or only exercises partially any right or remedy provided under this Terms or by law; or b) agrees not to exercise or to delay exercising any right or remedy provided under this Terms or by law; then that party will not be deemed to have waived and will not be precluded or restricted from further exercising that or any other right or remedy.

Relationship of the Parties. No agency, partnership, joint venture, or employment is created as a result of these Terms and neither Customer nor ChooChoo will have any authority of any kind to bind the other in any respect whatsoever.

Severability. If any provision of this Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Terms will otherwise remain in full force and effect and enforceable.

Assignment. You may not assign, transfer or sub-license Your rights under this Terms except with ChooChoo’s prior written consent. ChooChoo may transfer and assign any of its rights and obligations under this Terms without Your consent.

Entire Agreement. This Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to its subject matter, including but not limited to vendor due diligence information that ChooChoo may have provided. All waivers and modifications of this Terms must be in a writing signed by both parties, except as otherwise provided herein.

Governing Law and Jurisdiction. These Terms shall be governed by, and construed in accordance with, the laws of the State of Delaware, without regard to its conflict of law principles. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in the State of Delaware.

Arbitration. Any dispute, claim, or controversy arising out of or relating to this Agreement, including its breach, termination, or validity, shall be resolved by binding arbitration conducted in a mutually agreed upon city, under the rules of the American Arbitration Association (“AAA”) or another mutually agreed arbitration service. The arbitration shall be governed by the Federal Arbitration Act and, to the extent not preempted, Delaware law. Arbitration shall be conducted by a single neutral arbitrator, and each party shall bear its own attorneys’ fees and costs unless the arbitrator rules otherwise. The arbitration proceedings, including the award, shall remain confidential. The parties waive any right to bring claims as part of a class or representative action. Injunctive or equitable relief may be sought in court for intellectual property or confidentiality disputes. If any part of this clause is deemed unenforceable, the remainder shall remain in effect.