PLEASE NOTE: THE SECTION OF THESE TERMS OF USE ENTITLED “DISPUTE RESOLUTION” CONTAINS AN ARBITRATION CLAUSE THAT REQUIRES DISPUTES TO BE ARBITRATED ON AN INDIVIDUAL BASIS AND PROHIBITS CLASS ACTION CLAIMS. IT AFFECTS HOW DISPUTES BETWEEN YOU AND RPG FUN ARE RESOLVED. BY ACCEPTING THESE TERMS OF USE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.

Effective date: January 25, 2025

Please read on to learn the rules and restrictions that govern your use of our websites, products, services, and applications, including our AI-powered Role Playing Game(AIRPG) platform (collectively, the "Services").

These Terms of Service (the "Terms") are a binding contract between you and RPG Fun, LLC ("we" and "us"). You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way, or entering into a mutually signed order form that references these Terms (an "Order Form"), means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy, the Copyright Dispute Policy, and the Pricing FAQs.

What are the Services?

Welcome to RPG Fun! Our Services allow you to embark on interactive adventures using AI-generated scenarios and characters. Whether you are playing alone or with others , our systems use AI to enhance the story. Our platform helps push the frontier on custom and emergent narrative combining AI for incredible flexibility and traditional code allows us to provide everything from dynamic narrative to dice rolls and chance-based mechanics. As you explore, remember that all narrative content is for entertainment purposes only and not intended for real-world advice or guidance.

What are the basics of using the Services?

Account Registration

If you are in the United States and are 18 years of age or older, you may register with a personal account. All personal data collected by us will always remain subject to our Privacy Policy.

You may be required to sign up for an account and select a password and username ("User ID"). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

If you are registering on behalf of an entity as an employee, contractor, or agent of such entity, then you must be authorized to sign for and bind the entity in order to accept these Terms, and you represent and warrant that you have such authority. If the individual accepting these Terms does not have this authority or does not agree with these Terms, they may not use the Services.

If you are registering as an individual on behalf of yourself but using a company email, you acknowledge and agree that use of such company email address will establish an RPG Fun account that will be associated with the applicable company. As such, your account can and will be transferred entirely (both control and data/information within the account) to such company upon such company’s request without notice or liability to you. To ensure no loss of personal content, we strongly recommend you establish an account tied to a personal email address.

Gaming Mechanics

Certain gameplay features rely on dice rolls or other random number generation (“RNG”) to determine outcomes. You acknowledge that these results are determined by chance and may not always produce outcomes you desire or expect. We make reasonable efforts to ensure our RNG is fair and unbiased in accordance with industry standards for randomness and fairness.

The Services’ dice-rolling or RNG-based mechanics are strictly for entertainment within the game environment and do not involve the exchange of real currency or items of monetary value. We do not offer or enable any form of gambling, betting, or wagering, and any appearance of randomness or chance is solely part of the gameplay experience.

For more information about the Services and our gameplay, please review our Gameplay FAQs.

Community Guidelines

This is a space for adventurers of all levels to connect, compete, and collaborate in a fun and inclusive environment. We expect all players to treat each other (and their AI counterparts! ) with respect and courtesy, ensuring a positive experience for everyone. Harassment, hate speech, discrimination, or any form of toxic behavior will not be tolerated. Healthy competition and spirited debates are encouraged, but personal attacks, cheating, or disruptive conduct towards other players and/or the AI characters undermine the community and are strictly prohibited.

We prohibit any use of third-party scripts, exploits, or other manipulations aimed at gaining an unfair advantage. If we detect or suspect activity that compromises the fair play of the Services—such as automated bot usage, vulnerability exploitation, or circumventing gameplay rules—we reserve the right to suspend or terminate your account immediately.

Please adhere to the rules of the Services and report any violations or concerns. Together, we can create an engaging and supportive space where every player feels welcome to embark on their next great adventure.

Your Uploaded Content

You must upload documents to begin using certain AI functionality of Services. Before doing so, you must ensure you have the proper rights and permissions to upload these documents. The “IP Rights in the Services” section has more information about our requirements and your rights to your content and data.

Our AI Chatbots

We power our chatbots using cutting-edge generative AI models and technology, including those powered by third-party large language model providers like OpenAI ( "Third-Party LLMs"). While powerful, this technology is not infallible and may occasionally generate “hallucinations” or results that are inaccurate, unexpected, or potentially offensive. We want to emphasize that our Services are not intended, and shall not be used without human reviewer for critical use cases and that sharing sensitive information with the Services is not permitted. As a user, you acknowledge these limitations and agree to use the Services accordingly.

Everything you input into or share with the chatbots in our Services is "Input," and all output you receive from the chatbots in our Services is "Output." As between you and us, to the extent permitted by applicable law, you (i) retain all ownership of Input and (ii) own all Output, in each case, as further described in the “IP Rights in the Services” section.

Third-Party Services

You may authorize us to connect with certain third-party services (including, for example, Slack to chat with other users) ("Third-Party Services"). We are not responsible for the operation of any Third-Party Service, nor the availability or operation of the Services to the extent such availability and operation is dependent upon Third-Party Services. We do not make any representations or warranties with respect to Third-Party Services or any third-party providers.

When you access Third-Party Services, you accept that there are risks in doing so, and that we are not responsible for such risks. We encourage you to read the terms and conditions and privacy policy of each Third-Party Service you connect to from the Services to the extent agreeing to those terms and conditions and policies are required for you to use such Third-Party Services.

We have no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third-Party Service. In addition, we will not and cannot verify, censor or edit the content of any Third-Party Service. By using the Services, you release and hold us harmless from all liability arising from your use of any Third-Party Service.

The Services offer access to certain Third-Party LLMs. We do not guarantee free and uninterrupted access to any Third-Party LLM. We may suspend or remove access to any Third-Party LLM at our sole discretion. Before doing so, we will do our best to give you advance notice via the Services when possible.

General

You will only use the Services in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law or infringes on any third-party rights.

You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.

Your use of the Services is subject to the following additional restrictions:

You represent, warrant, and agree that you will not connect to a Third-Party Service or otherwise use the Services or interact with the Services in a manner that:

• (a) Infringes or violates the intellectual property rights or any other rights of anyone else (including the Services);

• (b) Use the Services to build an application or product that is competitive with our Services or any Third-Party LLM;

• (c) Violates any law or regulation, including any applicable export control laws;

• (d) Is harmful (to yourself or others), fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

• (e) Jeopardizes the security of your account or anyone else’s (such as allowing someone else to log in to the Services as you);

• (f) Attempts, in any manner, to obtain the password, account, or other security information from any other user;

• (g) Violates the security of any computer network, or cracks any passwords or security encryption codes;

• (h) Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);

• (i) “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means); or

• (j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

Term; Fees and Payment

Term and Renewals

On the registration page, you may select your desired term length and renewal terms for the Services. The Services shall commence and continue as set forth in the option you select upon registration.

Payment Terms

You hereby agree to make the payments in accordance with the fees and the payment terms that correspond with your selection of Services and term length. You also agree to pay all expenses as set forth in the registration page. For more information on how we calculate fees, please visit our Pricing FAQs.

No Real Monetary Value

All virtual tokens, items or currency, including “Computronium,” that you may earn, purchase, or otherwise obtain in the Services have no real-world monetary value. They represent a limited, revocable license to use certain features of the Services. You may not sell, trade, or transfer these virtual items or currencies outside of the Services, and we do not recognize any such sale, trade, or transfer as legitimate.

No Refunds

Except where required by law, any purchase of virtual currency or in-game items is non-refundable and final once the transaction is complete.

Credit Card Authorization

You shall provide us with valid and updated credit card information. You authorize us to charge such credit card for all Services selected during registration for the initial subscription term and any corresponding renewal subscription term(s). Such charges shall be made in advance, either annually or in accordance with any different billing frequency stated on the registration page. If the registration page specifies that payment will be by a method other than a credit card, we will invoice you in advance and otherwise in accordance with the relevant registration page. If not otherwise specified in the registration page, payments will be due within thirty (30) days of invoice and are nonrefundable.

Late Fees and Taxes

Unpaid fees are subject to a finance charge of one and half percent (1.5%) per month, or the maximum permitted by law, whichever is lower, plus all expenses of collection, including reasonable attorneys’ fees. Fees under these Terms are exclusive of all taxes, including national, state or provincial and local use, sales, value-added, property and similar taxes, if any. You agree to pay such taxes (excluding US taxes based on our net income) unless you have provided us with a valid exemption certificate. In the case of any withholding requirements, you will pay any required withholding itself and will not reduce the amount paid to us on account thereof.

Free Trials

If you select a free trial option (if available), you agree that after the free trial period expires, your access to the Services may be terminated or you may be enrolled to the Services for the post-trial term length and according to the billing terms present at the time of your registration.

Beta/Experimental Features

From time to time, we may introduce beta or experimental features within the Services, whether labeled “Beta,” “Experimental,” or not. These features may be offered for a limited time, may change without prior notice, and could have reduced or different functionality compared to the general release features. We hope you enjoy them, but your use of these beta/experimental features is at your own risk! We are not liable for any bugs or unexpected behaviors they may exhibit.

IP Rights in the Services

What are my rights in the Services?

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and so forth (all of the foregoing, the "Content") are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s rights.

You understand that we own the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.

The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!

As between you and us, to the extent permitted by applicable law, you own all Output you receive from the Services.

Do I have to grant any licenses to the Services or to other users?

Anything you post, upload (including .PDFs), share, store, or otherwise provide through the Services (including all Inputs) is your "User Submission." Some User Submissions are viewable by other users. In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.

For all User Submissions, you hereby grant Company a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.

If you store a User Submission in your own personal account, in a manner that is not viewable by any other user except you (a "Personal User Submission"), you grant Company the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.

If you share a User Submission only in a manner that only certain specified users can view (for example, a private chat to one or more other users) (a "Limited Audience User Submission"), then you grant Company the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.

If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a "Public User Submission"), then you grant Company the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all Company users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.

You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide.

Finally, you understand and agree that in performing the required technical steps to provide the Services to our users (including you), we may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of our AI models, connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

Finally, we may use Outputs and User Submissions to improve the Services (and its underlying AI Models) to maintain, develop, and improve the Services, comply with applicable laws and terms of Third-Party LLMs, enforce our terms and policies, and moderate and keep the Services safe.

Who is responsible for what I see and do on the Services?

Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

You are responsible for all Content you contribute (including all documents, files and images you upload), in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.

What if I see something on the Services that infringes my copyright?

You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like us, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here, To learn more about the DMCA, click here, or visit "https://www.copyright.gov/legislation/dmca.pdf".

Chatbot Accuracy

Artificial intelligence, machine learning and large language models are evolving technologies. When using the chatbots in the Services, please keep in mind:

• • Outputs may contain inaccuracies or inconsistencies, even if they appear detailed.

• • You should independently verify the accuracy and appropriateness of all Outputs for your use case. The responses from the Services should not replace professional advice.

• • Outputs should not be used to make important decisions that could legally or materially impact any third party, including individuals and organizations.

• • Outputs may not reflect our views and do not imply endorsement of any mentioned third-party products or services.

By using the Services and its chatbots, you accept responsibility for evaluating the accuracy and suitability of all Outputs for your intended purpose and agree to use human review as appropriate before relying on or sharing any Output.

Will the Services ever change?

We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you when practical.

Will these Terms ever change?

We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on our website, by sending you an email, and/or by some other means. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What if I want to stop using the Services?

You’re free to do that at any time through the Services; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.

We are also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. We have the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

What about my privacy?

We take the privacy of our users very seriously. Please refer to our current Privacy Policy for additional information about the personal data we collect.

The Children’s Online Privacy Protection Act ( "COPPA") requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at privacy@airpghub.com.

What else do I need to know?

Warranty Disclaimer

Neither we nor our licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS-IS” and without any warranty of any kind from us or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

AI Features, Characters and Narratives

ANY GUIDANCE, SUGGESTIONS, OR NARRATIVE ELEMENTS PROVIDED BY OUR AI CHARACTERS ARE PART OF THE IMMERSIVE GAMING EXPERIENCE AND MAY NOT ALWAYS REFLECT CONSISTENT, CANONICAL, OR EXPECTED STORYLINES. YOU ACKNOWLEDGE THAT THESE AI-DRIVEN ELEMENTS ARE FOR ENTERTAINMENT ONLY AND SHOULD NOT BE CONSTRUED AS FACTUAL, AUTHORITATIVE, OR ERROR-FREE. CUSTOMER ACKNOWLEDGES AND AGREES THAT AI-ENABLED FEATURES IN THE SERVICES MAY GENERATE UNRELIABLE, INSECURE, INACCURATE, OR OFFENSIVE OUTPUT.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL WE (OR OUR LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO US IN CONNECTION WITH THE SERVICES IN THE 12 MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity

To the fullest extent allowed by applicable law, you agree to indemnify and hold us and our affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action ("Claim"), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice Of Law & Jurisdiction

These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof, except as otherwise provided in the Arbitration Agreement below. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California, or the Northern District of California, except as may otherwise be provided in the Arbitration Agreement below.

Order Forms

If you are granted access to the Services by entering into an Order Form with us, any terms of such Order shall control in the event they conflict with these Terms. References to a registration page in these Terms shall have the corresponding meanings ascribed to them in the Order Form.

Miscellaneous

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that we may, in our sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. Each party to these Terms agrees that these Terms (and any Order Forms, if applicable) are the complete and exclusive statement of the mutual understanding between the parties, and that such Terms (and Order Forms, if applicable) supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of ours, and you do not have any authority of any kind to bind us in any respect whatsoever. We each agree there are no third party beneficiaries intended under these Terms.

Mandatory, Bilateral Arbitration and Waiver of Class Actions

Please read this carefully. It affects your rights. YOU AND RPG FUN AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO YOUR USE OF RPG FUN, TO ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED BY OR THROUGH RPG FUN, TO THIS AGREEMENT, OR TO THE CONTENT, AND/OR USER SUBMISSION ON RPG FUN SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION, except that (1) you may assert claims in small claims court if your claims qualify; and (2) this agreement to arbitrate does not include your or RPG Fun’s right to seek injunctive or other equitable relief in state or federal court in San Francisco to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., and federal arbitration law apply to this agreement and govern all questions as to whether a dispute is subject to arbitration.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, can award on individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms.

"Disputes" shall include, but are not limited to, any claims or controversies between you and RPG Fun against each other related in any way to or arising out of in any way from the Service, the Content, User Submission, including but not limited to sales, returns, refunds, cancellations, defects, policies, privacy, advertising, or any communications between you and RPG Fun, even if the claim arises after you or RPG Fun has terminated Service or a user account. Disputes also include, but are not limited to, claims that: (a) you bring against our employees, agents, affiliates, or other representatives; or (b) that RPG Fun brings against you. Disputes also include, but are not limited to, (i) claims in any way related to or arising out of any aspect of the relationship between you and RPG Fun, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (ii) claims that arose before these Terms or out of a prior set of Terms with RPG Fun; (iii) claims that are subject to on-going litigation where you are not a party or a class member; and/or (iv) claims that arise after the termination of these Terms.

Dispute Notice

Before initiating an arbitration, you and RPG Fun each agree to first provide the other a written notice ("Notice of Dispute"), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute should be sent to: dispute@airpghub.com. RPG Fun will provide a Notice of Dispute to you via the email address associated with your User ID. You and RPG Fun agree to make attempts to resolve the Dispute prior to commencing an arbitration and not to commence an arbitration proceeding until this 45-day post-notice resolution period expires. If an agreement cannot be reached within 45 days of receipt of the Notice of Dispute, you or RPG Fun may commence an arbitration proceeding.

Arbitration Process and Procedure

Unless you and RPG Fun agree otherwise in writing, arbitration shall (1) be administered by the Judicial Arbitration and Mediation Services, Inc. ("JAMS"), pursuant to the JAMS Streamlined Arbitration Rules & Procedures then in effect (the "JAMS Rules") and as modified by this agreement to arbitrate, including the rules regarding filing, administration, discovery, and arbitrator fees; (2) be conducted by a single, neutral arbitrator; and (3) take place in the county where you reside. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the "Minimum Standards"), the Minimum Standards in that regard will apply.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class or representative action. Further, unless both you and RPG Fun expressly agree otherwise, the arbitrator may not consolidate more than one person’s claims. If this prohibition of class, representative, or consolidated arbitration is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

If, for any reason, a claim proceeds in court rather than in arbitration, we each waive our right to a jury trial.

YOU THEREFORE UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND RPG FUN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION FOR ANY CLAIMS COVERED BY THIS AGREEMENT.

The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

The JAMS Rules are available on its website at https://www.jamsadr.com/rules-streamlined-arbitration/. Notwithstanding any JAMS Rules to the contrary or any other provision in the arbitration rules chosen, by agreement, to govern, you and RPG Fun each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, except that only a court (and not the arbitrator) shall decide any disagreements regarding the scope and enforceability of this agreement to arbitrate.

Hearing

If your claim does not exceed $5,000, you and RPG Fun agree to waive an oral hearing by the arbitrator and the arbitration will be conducted solely on the basis of documents you and RPG Fun submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. To the extent an oral hearing is requested by you or RPG Fun, or deemed necessary by the arbitrator, you and RPG Fun agree that the hearing will be conducted telephonically or videographically.

Arbitrator’s Decision

An arbitrator’s award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award. The arbitrator’s decision and award is final and binding, with some limited court review under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.

Fees

It is each parties’ responsibility to pay any JAMS filing, case management/administrative, and arbitrator fees as set forth in the JAMS Rules. If your claim for damages does not exceed $5,000, RPG Fun will pay all such fees unless the arbitrator finds that either the substance of your Dispute or the relief sought was frivolous or was brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil Procedure 11(b)).

Small Claims & Government Actions

As an alternative to arbitration, you or RPG Fun may resolve Disputes in a small claims court that has jurisdiction over your claim. These Terms and this arbitration agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against RPG Fun on your behalf.