Tesseract Plugin Terms and Conditions

These Terms of Service (the “Terms”) are a legally binding agreement between Mirage US LLC (“Mirage,” “we,” or “us”) and the person or entity agreeing to the Terms (“User,” “you,” or “your”). These Terms govern access to and use of the command-line software, plugins, engines, agent skills, manifests, documentation, and other related technology and materials in connection with our “TESSERACT” rendering engine (the “Tesseract Plugin”) whether made available to you, or downloaded or used by you, directly or indirectly through a third-party (including via any third-party AI Model).

By downloading, accessing, or using the Tesseract Plugin, whether directly or indirectly, you agree to be bound by these Terms, which, together with any policies that link out from these Terms and any applicable additional terms for certain offerings that may be provided in connection with the Tesseract Plugin (such additional terms, “Special Terms”) comprise the “Agreement” between you and Mirage. If you do not agree to these Terms, do not download, access, or use the Tesseract Plugin. In the event of a conflict between a provision in these Terms and the Special Terms, the Special Terms will control for that particular provision. If you download, access, or use the Tesseract Plugin on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that entity to these Terms, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity.

We reserve the right to change or update these Terms from time to time at our sole discretion. Except for changes to Schedule A which provides for binding arbitration, we reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms any time by posting the amended Terms with an updated “Last Updated” date above. We will provide public notice of material changes on Mirage’s website or through the Tesseract Plugin repository. Please review the Terms frequently for any changes. Your continued use of the Tesseract Plugin following the effective date of any changes to these Terms constitutes acceptance of those changes. If you do not agree to the new Terms, you may not use the Tesseract Plugin.

IMPORTANT NOTICE FOR CONSUMER USERS (AS DEFINED BELOW): THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER.

1. General

1.1 Eligibility to Use the Tesseract Plugin.

1.1.1 You may use the Tesseract Plugin only if you can form a binding contract with Mirage (either on behalf of yourself or the entity you represent), and only in compliance with the Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Tesseract Plugin by anyone under 18 is strictly prohibited and in violation of this Agreement. The Tesseract Plugin is not available to any Users previously removed from other services or applications provided by Mirage. By downloading, accessing, or using the Tesseract Plugin, you represent and warrant that (A) you are at least 18 years of age, (B) you will use the Tesseract Plugin in accordance with these Terms and all applicable local, state, national and international laws, rules and regulations, and (C) if registering on behalf of a company, organization or other entity, you are an authorized representative of the entity and have the authority to bind such entity to these Terms.

1.2 Features of the Tesseract Plugin.

1.2.1 The Tesseract Plugin includes a variety of features which are made available to you through the Tesseract Plugin. The availability of such features is at Mirage’s sole discretion and some or all of the features may be changed, removed, modified, updated, improved, enhanced, upgraded, from time to time, at Mirage’s sole discretion and without prior notice to you.

1.3 Acceptable Use Policy.

1.3.1 Use of the Tesseract Plugin, including all features that are part of the Tesseract Plugin, is subject to User’s compliance with the Agreement and our Acceptable Use Policy (the “AUP”). The AUP is incorporated herein by reference and forms a part of the Agreement. In addition to its other termination rights set forth in the Agreement, Mirage reserves all of its rights to enforce these Terms in the event of a breach by you of the AUP including to terminate your license to the Tesseract Plugin and to claim against you any and all remedies available to Mirage.

2. Intellectual Property; License

2.1 Reservation of Ownership.

2.1.1 The Tesseract Plugin, and any modifications, updates, improvements, enhancements, or upgrades to the Tesseract Plugin, and all right, title, and interest therein or thereto, including all intellectual property rights, are the exclusive property of Mirage and its licensors.

2.1.2 Mirage also owns all right, title, and interest, including all intellectual property rights, in and to the “TESSERACT” trademark and any TESSERACT logos, including any goodwill related thereto.

2.1.3 Except as expressly provided herein, nothing in this Agreement shall be deemed to create any license or other rights in and to the Tesseract Plugin. Mirage reserves all rights not expressly granted to you in the Tesseract Plugin under this Agreement.

2.2 Limited License.

2.2.1 Subject to your compliance with the terms and conditions of the Agreement, you are hereby granted a non-exclusive, limited, worldwide, non-transferable, nonsublicensable, freely revocable, royalty-free, fully paid-up license to download, access, and use the Tesseract Plugin in accordance with the Agreement including the restrictions as set forth herein, for your own personal, nonprofit, educational, governmental, professional, and commercial purposes except to the extent such download, access or use is prohibited by Section 2.2.2 below (the “Permitted Use”).

2.2.2 Nothing in these Terms grants you the right or license to (nor shall be interpreted to grant to you the right or license) nor shall you (nor shall you allow any third party, whether or not on your behalf, to) download, access, use, copy, modify, or otherwise exploit, in any manner, the Tesseract Plugin to develop, make, have made, train, improve, offer, distribute, license or sell any technology, product or service that serves as a substitute for, replicates, eliminates or reduces the need for, or otherwise competes with, the Tesseract Plugin (including its underlying rendering engine and all features and functionality thereof or other material feature or functionality of the Tesseract Plugin). Without limiting the foregoing, you shall not (and you shall not permit any third party to) (i) rent, lease, sell, lend, distribute (other than as permitted pursuant to Section 2.2.1), redistribute, sublicense, assign, publish, transfer, dispose, make available, provide as a service, modify, or otherwise commercially exploit the Tesseract Plugin (but, for clarity, excluding any Outputs) to generate directly or indirectly revenues from any of the foregoing activities, or (ii) develop a product, service, application, plugin or other asset that would otherwise compete with the Tesseract Plugin. To discuss any use of the Tesseract Plugin for a purpose prohibited in this Section 2.2.2, contact [email protected] to obtain a separate written agreement with Mirage. Contacting us, receiving access, or holding a Captions, Mirage, ChatGPT, or other subscription does not itself authorize any use prohibited by this Section 2.2.2. Use of the Tesseract Plugin for any purpose other than the Permitted Use is strictly prohibited.

2.2.3 As between the parties, you own all rights in and to (i) any content you create as a result of your use of the Tesseract Plugin (including any intellectual property rights therein or thereto (if any)) (the “Output”), and to (ii) any audio recordings, videos, images and text prompts that you input through the Tesseract Plugin (including any intellectual property rights therein or thereto (if any)) (the “Input”), subject to the rights of any third parties to such Input. You are responsible for securing the necessary rights and permissions to any Input that you process in the Tesseract Plugin and for any Outputs.

2.2.4 Feedback.

From time to time, you may provide us with comments, suggestions, or ideas for enhancements, improvements, changes, or additions to the Tesseract Plugin or our business in general, including ideas for new features, materials, and other content (“Feedback”). By providing us Feedback, you grant to us exclusive ownership of the Feedback and of all intellectual property rights and other rights in or to it, and you will provide us with reasonable cooperation in documenting this grant. Mirage has no obligation to do anything with Feedback, but we will have the full, worldwide, unencumbered right to use, incorporate, and otherwise fully exercise and exploit any such Feedback via all forms of media, distribution methods, and technology now known or later developed, for any purposes, commercial or otherwise, and to transfer or license our rights in the Feedback, without notice, acknowledgement or compensation to you.

3. Restrictions

3.1 General.

3.1.1 You agree to use the Tesseract Plugin solely for Permitted Uses and not to use the Tesseract Plugin for any purpose that is unlawful or prohibited by these Terms, the AUP, any applicable laws, or for any purpose not reasonably intended by Mirage. Without limitation, you agree not to (and to not allow any third party, whether or not on your behalf, to) engage in any of the following prohibited activities:

(a) hiding or attempting to hide your identity, misrepresenting your identity, using the Tesseract Plugin to impersonate any other person, misrepresenting your affiliation with a person or entity, or forging or manipulating headers or identifiers to disguise the origin of any Output created or edited through the Tesseract Plugin;

(b) violating any federal, state, or local law, statute, ordinance, regulation, or ethical code;

(d) removing or modifying any copyright, trademark, or other proprietary rights notice that appears on any portion of the Tesseract Plugin, or on any materials accessed from or provided through the Tesseract Plugin;

(e) copying, creating derivative works, distributing, or disclosing any part of the Tesseract Plugin in any medium, including without limitation by any automated or non-automated “scraping”;

(f) using any automated system, including without limitation “robots,” “spiders,” “off line readers,” etc., to access the Tesseract Plugin or any Mirage systems or infrastructures (except that AI agents acting on your behalf may access and use the Tesseract Plugin for Permitted Uses in accordance with this Agreement, and Mirage grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Tesseract Plugin for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);

(g) using the Tesseract Plugin in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person;

(h) attempting to interfere with or compromise the system integrity or security of the Tesseract Plugin;

(i) reselling or making any competing use of the Tesseract Plugin without our prior written consent;

(j) conducting fraud;

(k) interfering with the proper working of the Tesseract Plugin;

(l) decompiling, reverse engineering, disassembling, decoding or otherwise attempting to derive or obtain the source code or underlying ideas or information of or relating to the Tesseract Plugin, or modifying any Tesseract Plugin, in each case, in whole or in part;

(m) probing, scanning, or testing the vulnerability of any system or network or breaching or circumventing any security or authentication measures we may use to prevent or restrict access to or use of the Tesseract Plugin;

(n) accessing any content on the Tesseract Plugin through any technology or means other than those provided or authorized by the Tesseract Plugin;

(o) accessing the Tesseract Plugin to build a similar or competitive product, service, application, plugin or other asset in breach of Section 2.2.2;

(p) bypassing the measures we may use to prevent or restrict access to the Tesseract Plugin, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Tesseract Plugin or the content therein; or

(q) attempting to indirectly undertake any of the foregoing.

3.1.2 Mirage has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Mirage may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

4. Your Output and Input

4.1 Representations Regarding your Output and Input

4.1.1 You represent and warrant to us that your Output will not violate the AUP or any other provision of this Agreement.

4.1.2 In connection with your Input, you represent and warrant to us the following:

(a) You have the written consent of each and every identifiable natural person in the Input, if any, to use such person’s name, likeness and/or voice and each such person has released you and your licensors from any liability that may arise in relation to such use.

(b) You have obtained and are solely responsible for obtaining all consents as may be required by law to use any Input relating to third parties in the manner contemplated by you.

(c) Your Input will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.

(d) You will not upload, create, publish, store, submit, transmit, or otherwise share any Input that violates our AUP in any way.

(e) To the best of your knowledge, all your Input and other information that you provide to us is truthful and accurate.

4.2 Mirage Disclaimer of Liability.

4.2.1 YOUR USE OF THE TESSERACT PLUGIN AND THE RESULTING OUTPUT IS AT YOUR OWN RISK. MIRAGE ASSUMES NO RESPONSIBILITY FOR ANY INPUT. MIRAGE TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY OUTPUT THAT YOU OR ANYONE ELSE GENERATE USING THE TESSERACT PLUGIN. YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR INPUT AND OUTPUT AND THE CONSEQUENCES OF POSTING, PUBLISHING IT, SHARING IT, OR OTHERWISE MAKING IT PUBLICLY AVAILABLE. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO OUTPUT THAT IS INACCURATE, OBJECTIONABLE, INAPPROPRIATE FOR CHILDREN, OR OTHERWISE UNSUITED TO YOUR PURPOSE. YOU AGREE THAT MIRAGE SHALL NOT BE LIABLE FOR ANY DAMAGES YOU ALLEGE TO INCUR AS A RESULT OF OR RELATING TO ANY INPUT OR OUTPUT.

5. AI Models

5.1 Your use of and access to any generative AI model(s) (the “AI Models”) in which the Tesseract Plugin may be integrated or used, including the payment of any applicable fees to access and use such AI Models, are subject to terms and conditions specified by the owner of such services. Downloading, accessing, or using the Tesseract Plugin does not provide you with any right to access or use any AI Models. MIRAGE DISCLAIMS ALL LIABILITY RELATED TO USER’S USE OF THE AI MODELS.

6. No Professional Advice; No Technical Support; Your Computer Systems

6.1 If the materials or documentation made available through the Tesseract Plugin provide professional information (for example, medical, legal, or financial), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information made available through the Tesseract Plugin. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.

6.2 You acknowledge that Mirage does not provide you with any technical support, customer support, professional, or training services of any kind, and your download, access, or use of the Tesseract Plugin does not entitle you to receive or request, for free or for a fee, any such services.

6.3 You shall be solely responsible, at your own expense, for obtaining, maintaining and operating all computer hardware, software, operating systems, networks, telecommunications services, internet connectivity and other equipment and services necessary for you to access, install, operate and use the Tesseract Plugin, including ensuring that such systems satisfy the technical requirements specified by Mirage from time to time.

7. Data Protection; Usage Data

7.1 Mirage does not collect any personal information in connection with your access and use of the Tesseract Plugin and the Tesseract Plugin does not transmit any Input or Output to Mirage. To the extent you have an interaction with Mirage, do not share with Mirage any personal information that you control unless specifically prompted to do so, which collection, use, sharing, or disclosure by Mirage will be governed by our Privacy Policy. Third-Party Components (as defined herein in Section 9) may collect Input or Output, including personal information, and any collection, use, sharing, or disclosure of Input or Output by the provider of such Third-Party Components shall be governed by the terms of their respective privacy policy.

8. DMCA Notice

8.1 Since we respect artist and content owner rights, it is Mirage’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).

8.2 If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Tesseract Plugin, please notify Mirage’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

8.2.1 An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

8.2.2 Identification of the copyrighted work that you claim has been infringed;

8.2.3 Identification of the material that is claimed to be infringing and where it is located in the Tesseract Plugin;

8.2.4 Information reasonably sufficient to permit Mirage to contact you, such as your address, telephone number, and e-mail address;

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

8.2.6 A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

8.3 The above information must be submitted to the following DMCA Agent:

ATTN: DMCA Notice Mirage

Address: 169 Madison Ave. Ste. 11185

New York, NY 10016

Tel.: (617) 858-0452

Email: [email protected]

8.4 UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES. Please note that this procedure is exclusively for notifying Mirage and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Mirage’s rights and obligations under the DMCA, including 17 U.S.C. §512, but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

8.5 In accordance with the DMCA and other applicable laws, Mirage has adopted a policy of terminating, in appropriate circumstances, Users who are repeat infringers. Mirage may also terminate the Agreement with any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

9. Third-Party Components

9.1 The Tesseract Plugin may incorporate third-party materials that are not owned or controlled by Mirage. Mirage does not endorse or assume any responsibility for any such third-party software, information, materials, products, or services (a “Third-Party Component”). If you access or use any Third-party Component from or with the Tesseract Plugin or share any Input or Output on or through any Third-party Components, you do so at your own risk, and you understand that this Agreement and Mirage’s Privacy Policy do not apply to your use of such Third-Party Components. All Third-Party Components are governed by their own respective terms and conditions or licenses, and the provisions of such terms and conditions or licenses apply with respect to your access and use of the Third-Party Components. You understand and acknowledge that such Third-Party Components are not licensed to you (and you are not granted access) pursuant to the provisions of this Agreement and that this Agreement may not be construed to grant any such right of access and/or license. You expressly release Mirage from any and all liability arising from your use of any Third-Party Components. You agree that Mirage shall not be responsible for any loss or damage of any sort relating to your access, use or other dealings with such Third-Party Components. A list of all Third-Party Components and links to the applicable terms and conditions or licenses for such Third-Party Components is available in the repository that hosts the Third-Party Components.

9.2 If you are a California resident, you waive California Civil Code Section 1542, which provides: a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

9.3 If you are a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.

10. Indemnity

10.1 You agree to release and defend, indemnify and hold harmless Mirage and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of or access to the Tesseract Plugin, including any Input processed by you through or using the Tesseract Plugin; (ii) any Output (including any part thereof); (iii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iv) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (v) your violation of any applicable law, rule or regulation; (vi) Input that you submit to or process through the Tesseract Plugin, including without limitation misleading, false, or inaccurate information; (vii) your willful misconduct or gross negligence.

10.1.1 THE TESSERACT PLUGIN IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE TESSERACT PLUGIN IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TESSERACT PLUGIN IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MIRAGE OR THROUGH THE TESSERACT PLUGIN WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, MIRAGE, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE TESSERACT PLUGIN OR THE OUTPUT IS ACCURATE, RELIABLE OR CORRECT; THAT THE TESSERACT PLUGIN OR OUTPUT WILL MEET YOUR REQUIREMENTS; THAT THE TESSERACT PLUGIN WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE TESSERACT PLUGIN OR THE OUTPUT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE TESSERACT PLUGIN AND ANY OUTPUT ARE USED OR DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR USE.

10.2 FURTHERMORE, MIRAGE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY COMPONENTS (INCLUDING ANY AI MODELS), AND MIRAGE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF SUCH THIRD-PARTY COMPONENTS (INCLUDING ANY AI MODELS).

10.3 YOU ARE SOLELY RESPONSIBLE FOR YOUR ACTIONS, INCLUDING ANY SHARING OF INPUT IN OR THROUGH THE TESSERACT PLUGIN OR SHARING OF INPUTS OR OUTPUTS WITH THIRD PARTIES. YOU WAIVE AND HOLD HARMLESS MIRAGE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MIRAGE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER MIRAGE OR LAW ENFORCEMENT AUTHORITIES.

10.4 FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

11. Limitation of Liability

11.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MIRAGE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO (A) THE USE OF, OR INABILITY TO USE, THE TESSERACT PLUGIN OR VIEW ANY OUTPUT, (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT; AND (C) ANY OUTPUT. UNDER NO CIRCUMSTANCES WILL MIRAGE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE TESSERACT PLUGIN OR YOUR OWN SYSTEMS OR INFRASTRUCTURE OR THE INFORMATION CONTAINED THEREIN. MIRAGE SHALL NOT BE LIABLE FOR ANY FAILURE, INTERRUPTION, DELAY, LOSS, CORRUPTION OR DEGRADATION OF THE TESSERACT PLUGIN OR ITS PERFORMANCE TO THE EXTENT RESULTING FROM YOUR SYSTEMS, NETWORK, INTERNET CONNECTION, SOFTWARE, HARDWARE, CONFIGURATION OR FAILURE TO COMPLY WITH APPLICABLE TECHNICAL REQUIREMENTS.

11.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MIRAGE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT INCLUDING IN ANY INPUT OR OUTPUT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE TESSERACT PLUGIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE TESSERACT PLUGIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE TESSERACT PLUGIN, INCLUDING BY ANY THIRD PARTY; (V) ANY ERROR OR OMISSIONS IN THE TESSERACT PLUGIN, IN ANY CONTENT MADE AVAILABLE THROUGH THE TESSERACT PLUGIN OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE TESSERACT PLUGIN; AND/OR (VI) INPUT, OUTPUT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL MIRAGE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING $100.00 USD.

11.3 THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MIRAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

11.4 THE TESSERACT PLUGIN, INCLUDING THE CONTENT AVAILABLE WITHIN THE TESSERACT PLUGIN, WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. THE LIMITATIONS ON DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN AND ARE MATERIAL TO MIRAGE’S DECISION TO ENTER INTO THE AGREEMENT BETWEEN MIRAGE AND YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

12. Disputes; Choice of law

12.1 This Agreement and the relationship between you and Mirage shall be governed by the laws of the State of New York without regard to conflict of law provisions. You agree that: (i) the Tesseract Plugin shall be deemed solely based in New York; and (ii) the Tesseract Plugin shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than New York. The United Nations Convention on Contracts for the International Sale of Goods will not apply to the Agreement and is expressly excluded.

12.2 Only Users who are individuals using the Tesseract Plugin for personal, family, or household purposes and not for business or commercial purposes (“Consumer Users”) are subject to the terms of Schedule A to these Terms, including, with limited exceptions, the binding arbitration requirements and class action waiver described in Schedule A. Please read Schedule A - it may significantly affect your legal rights, including your right to file a lawsuit in court. Some jurisdictions do not allow binding arbitration or the disclaimer of class action rights. Accordingly, some of the terms in Schedule A may not apply to you or be enforceable with respect to you.

12.3 For Users other than Consumer Users, including those that use the Tesseract Plugin for commercial purposes as part of the Permitted Use or in contravention to Section 2.2.2, all disputes will be heard by a court of competent jurisdiction in the county of New York in New York State.

12.4 For any dispute with Mirage, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. This requires first sending a written description of the dispute to the other party. For any dispute you initiate, you agree to send the written description of the dispute along with your preferred email address for future correspondence to the following email address: [email protected]. For any dispute that Mirage initiates, we will send our written description of the dispute to the email address through which you first contacted us. The written description must be on an individual basis and provide, at minimum, the following information: (i) your name; (ii) a description of the nature or basis of the claim or dispute; and (iii) the specific relief sought. If the dispute is not resolved within sixty (60) days after receipt of the written description of the dispute, you and Mirage agree to the further dispute resolution provisions below.

12.5 The above informal dispute resolution process is required before you may commence any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.

12.6 EU Digital Services Act Disclosures

12.6.1 If you are an EU resident, please see the following Digital Services Act (DSA) disclosures.

12.6.2 EU DSA Point of Contact. Communications regarding Digital Services Act (DSA) compliance should be directed to [email protected].

12.6.3 Policies & Procedures for Moderation of Input. You can find information on resulting output that is and is not permitted on the Tesseract Plugin and how we enforce violations of these restrictions in this Agreement, including Sections 1.3 and 3, and the AUP.

12.6.4 Notification of Illegal Content. If you wish to notify us of content that you believe violates EU or Member State law, you can email us at [email protected]. Please include the following information in your notice:

(a) A detailed explanation of why you believe the content is illegal under EU or Member State law;

(b) The URL of the allegedly illegal content or other information allowing us to locate the content on the Service;

(d) A statement confirming your bona fide belief that your notification is accurate or complete.

12.6.5 Complaints about Content Moderation Decisions. You may have the right to submit a complaint, free of charge, about certain decisions related to your user content that we have deemed illegal or that violates this Agreement, specifically:

(a) Removal or restricting the visibility of your user content;

(b) Suspension or termination of your account, or a whole or partial ban on your use of the Service;

12.6.6 To submit a complaint, please email us at [email protected] and describe in detail why you believe our decision was in error. Your description must include your full name and the email address used to obtain the Tesseract Plugin from us, along with a copy of the decision you received from us. You may also have a right to submit the dispute to an out-of-court dispute settlement body certified by the applicable Member State Digital Services Coordinator.

12.6.7 Suspensions for Abuse of these Procedures. If you frequently submit illegal content or manifestly unfounded content notices or complaints, we may suspend your account as permitted by the DSA.

12.6.8 Notification of Criminal Activity. If we become aware of any information that gives us a good faith belief that a criminal offense involving a threat to the life or safety of a person or persons has taken place, is taking place or is likely to take place, we may notify the appropriate authorities in the applicable EU Member State as required by the DSA.

13. Duration and Termination of Terms

13.1 Duration.

13.1.1 The Agreement between you and Mirage reflected by these Terms (and all future versions of these Terms or of the Agreement) is effective when you first download or access the Tesseract Plugin and remains in effect until either (i) you cease using the Tesseract Plugin, or (ii) we terminate the Agreement in accordance with these Terms.

13.2 Termination by Mirage.

13.2.1 Mirage reserves the right to terminate this Agreement at any time for any reason with thirty (30) days’ prior written notice to you, and immediately without prior notice in the event of (i) any breach of the AUP, (ii) breach of the limited license provided at Section 2.2, (iii) breach of any restrictions provided at Section 3.1, (iv) breach of any of the representations provided at Section 4.1, or (v) in the event that Mirage receives a notice that your use of the Tesseract Plugin infringes, violates, or misappropriates the rights of any third party.

13.3 Effect of Termination.

13.3.1 Upon termination of the Agreement, all licenses granted hereunder will also automatically terminate, and you shall immediately cease using and permanently delete or destroy all copies of the Tesseract Plugin, and upon request by Mirage, certify in writing that you have done so.

13.4 Survival.

13.4.1 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 indemnify us, any limitations on our liability, and any terms regarding ownership or intellectual property rights.

14. General

14.1 Assignment.

14.1.1 The Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Mirage without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

14.2 Notification Procedures.

14.2.1 Mirage may give notice by any means of communication reasonably anticipated to notify you of the information provided. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing or be delivered in a particular manner. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. Such notice shall be deemed to have been given 48 hours after dispatch. If physical notice (e.g., US Mail) is used, then such notice shall be deemed to have been given 7 days after dispatch.

14.3 Entire Agreement/Severability

14.3.1 The Agreement, together with any amendments, any additional agreements you may enter into with Mirage in connection with the Tesseract Plugin, and policies or rules that are incorporated herein, shall constitute the entire agreement between you and Mirage concerning your access and use of the Tesseract Plugin and supersede any prior agreements, oral or written, between you and Mirage. If any provision of the Agreement is deemed invalid by an arbitrator or court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the Class Action/Jury Trial Waiver section in Schedule A, the entire arbitration agreement shall be unenforceable.

14.4 No Waiver

14.4.1 No waiver of any term of the Agreement shall be deemed a further or continuing waiver of such term or any other term, and Mirage’s failure to assert any right or provision under the Agreement shall not constitute a waiver of such right or provision.

14.5 Limitation of Time to File Claims.

14.5.1 You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Tesseract Plugin or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. This provision does not apply to residents of New Jersey.

14.6 No Third-Party Beneficiaries.

14.6.1 You agree that, except as otherwise expressly provided in the Agreement, there shall be no third-party beneficiaries to the Agreement.

14.7 Contact Us

14.7.1 Please contact us at [email protected] with any questions regarding this Agreement.

SCHEDULE A – Arbitration and Class Action/Jury Trial Waiver

THIS SCHEDULE APPLIES ONLY TO CONSUMER USERS (AS DEFINED IN THESE TERMS). READ THIS SCHEDULE CAREFULLY, AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE OR PARTICIPATE IN A LAWSUIT FILED IN COURT.

1. Mutual Arbitration Agreement

1.1 We each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to your access or use of the Tesseract Plugin including without limitation (i) the content available within the Tesseract Plugin; (ii) the Agreement (including its formation, performance, and breach); or (iii) that in any way relate to the use of the Tesseract Plugin, your relationship with Mirage, or any other dispute with Mirage, (collectively, “Claims”), shall be resolved exclusively through binding arbitration in accordance with this Schedule A (collectively, the “Arbitration Agreement”). This includes Claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as Claims that may arise after the termination of this Arbitration Agreement. This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”) in all respects and evidences a transaction involving interstate commerce. You and Mirage expressly agree that the FAA shall exclusively govern the interpretation and enforcement of this Arbitration Agreement. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply.

1.2 Except as set forth in this Schedule, the arbitrator or arbitration body, and not any federal state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Agreement, including this Arbitration Agreement, including, but not limited to any claim that all or any part thereof are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator or arbitration body shall be empowered to grant whatever relief would be available in a court under law or in equity.

1.3 Notwithstanding the parties’ decision to resolve all disputes through arbitration, each party retains the right to (i) elect to have any claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction, regardless of what forum the filing party initially chose; (ii) bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” in this context means patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights); and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party’s right to arbitration under this agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.

1.4 You and Mirage agree to submit to the personal jurisdiction of any federal or state court in New York, New York in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator; and in connection with any such proceeding, further agree to accept service of process by U.S. mail and hereby waive any and all jurisdictional and venue defenses otherwise available.

1.5 Except as set forth in Section 2 below, if any provision of this Arbitration Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions thereof remain in full force and effect.

1.6 THE PARTIES UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE THE CLAIM, AND THAT RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY BE LIMITED IN ARBITRATION. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU AND MIRAGE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

2. Class Arbitration and Collective Relief Waiver

2.1 YOU AND MIRAGE ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS SET OUT OTHERWISE IN THIS SECTION 2, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER CONSOLIDATED ACTION AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM, UNLESS MIRAGE PROVIDES ITS CONSENT TO CONSOLIDATE IN WRITING.

2.2 If there is a final judicial determination that this section 2 is not enforceable as to a particular Claim or request for relief, then the parties agree that that particular Claim or request for relief may proceed in court but shall be severed and stayed pending arbitration of the remaining Claims. This provision does not prevent you or Mirage from participating in a class-wide settlement of a Claim.

3. Arbitration Rules

3.1 The arbitration will be administered by National Arbitration and Mediation (“NAM”) and resolved before a single arbitrator. If NAM is not available to arbitrate, the parties will select an alternative arbitration provider, but in no event shall any arbitration be administered by the American Arbitration Association. Except as modified by the “Arbitration Agreement” provision, NAM will administer the arbitration in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer and the Mass Filing Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures governing or permitting class or representative actions. The applicable NAM rules and procedures are available at www.namadr.com or by emailing National Arbitration and Mediation’s Commercial Dept at [email protected].

4. Initiating Arbitration

4.1 Only after the parties have engaged in a good-faith effort to resolve the dispute in accordance with the Informal Dispute Resolution Procedure provision, and only if those efforts fail, then either party may initiate binding arbitration as the sole means to resolve Claims using the procedures set forth in the applicable NAM rules. If you are initiating arbitration, a copy of the demand shall also be emailed to [email protected]. If Mirage is initiating arbitration, it will serve a copy of the demand to the email that Mirage has on file for you, and if no email address is available, it will serve a copy of the demand to the address of record that Mirage can associate to you. The arbitrator has the right to impose sanctions in accordance with the NAM rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party’s failure to comply with the Informal Dispute Resolution Procedure contemplated by this Arbitration Agreement.

5. Arbitration Location and Procedure

5.1 If you are a resident of the United States the arbitration will be conducted in the county where you reside, and if you are not a resident of the United States the arbitration shall be conducted in New York, New York, United States of America, unless you and Mirage otherwise agree or unless the designated arbitrator determines that such venue would be unreasonably burdensome to any party, in which case the arbitrator shall have the discretion to select another venue. If the amount in controversy does not exceed $10,000 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and Mirage submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which shall be via videoconference or telephone conference unless the parties agree otherwise.

5.2 Subject to the applicable NAM rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. Unless otherwise prohibited by law, all arbitration proceedings will be confidential and closed to the public and any parties other than you and Mirage (and each of the parties’ authorized representatives and agents), and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award (provided that the party seeking confirmation shall seek to file such records under seal to the extent permitted by law).

6. Arbitrator’s Decision

6.1 The arbitrator will render an award within the time frame specified in the applicable NAM rules and procedures. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with the terms of the “Limitation of Liability” section of the Terms as to the types and the amounts of damages or other relief for which a party may be held liable. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Attorneys’ fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration.

7. Fees

7.1 You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM’s Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.

8. Right to Opt Out of the Arbitration Agreement

8.1 IF YOU DO NOT WISH TO BE BOUND BY THE “ARBITRATION AGREEMENT” AS SET FORTH IN THIS SCHEDULE, THEN: (A) you must notify Mirage in writing within thirty (30) days of the date that you first accessed or otherwise become subject to this Arbitration Agreement (or any subsequent changes to the provisions of the section titled “Arbitration and Class Action Waiver”); (B) your written notification must be mailed to 169 Madison Ave.; Ste. 11185 PMB 63183; New York, NY 10016 or emailed to [email protected]; and (C) your written notification must include (i) your name, (ii) your address, and (iii) a clear statement that you wish to opt out of this Arbitration Agreement. If you do not timely opt out of this Arbitration Agreement, such action shall constitute mutual acceptance of the terms of these “Arbitration and Class Action Waiver” provisions by you and Mirage.

9. Changes to this Arbitration Agreement

9.1 Mirage will provide thirty (30) days’ notice of any changes affecting the substance of this Arbitration and Class Action Waiver schedule, or provide any other notice in accordance with legal requirements. Any such changes will go into effect 30 days after Mirage provides this notice and apply to all Claims not yet filed. If you reject any such changes by opting out of the Arbitration Agreement, you may exercise your right to a trial by jury or judge, as permitted by applicable laws, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to Claims not yet filed. If Mirage changes this “Arbitration and Class Action Waiver” section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you agree that your continued use of the Tesseract Plugin thirty (30) days after such change will be deemed acceptance of those changes. If you do not agree to such change, you may opt out by providing notice as described in the Terms.

10. Venue and Governing Law

10.1 For any dispute not subject to arbitration or under the jurisdiction of a small claims court, you and Mirage agree to submit to the personal and exclusive jurisdiction of any venue in the federal and state courts located in New York, New York. You further agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available.