Terms of Service | Cheesebase

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the Cheesebase mobile application and services ("Cheesebase" or the "Platform"), owned and operated by OTUSK LLC ("Company," "we," "us," or "our"). By creating an account or using Cheesebase, you agree to be bound by these Terms. If you do not agree, you must not use the Platform. We may modify these Terms from time to time by posting updated Terms in the app or our website. Your continued use of Cheesebase after any changes constitutes acceptance of the new Terms.

2. Eligibility (18+ Only)

Cheesebase is a global social media platform and marketplace intended for adults. You must be at least 18 years old to use Cheesebase. By registering or using the Platform, you represent and warrant that you are 18 or older. The Platform is not available to any users under 18, and we reserve the right to terminate any accounts found to be used by minors. If you are using Cheesebase on behalf of a company or other entity, you represent that you have authority to bind that entity to these Terms.

3. Account Registration and Security

When creating an account, you agree to provide accurate, current, and complete information about yourself. You are responsible for maintaining the confidentiality and security of your account login credentials.

Account Security: You must not share your password or allow others to access your account. You are responsible for all activities that occur under your account. If you suspect any unauthorized use of your account or a security breach, you must notify us immediately. We are not liable for any loss or damage arising from your failure to safeguard your account information.

• Accurate Information: You agree to keep your registration information up-to-date and accurate at all times.
• One Account: You may only create one account for yourself (unless expressly permitted by Cheesebase for distinct roles such as a separate Trainer account). You may not transfer or sell your account to anyone else.
• Account Credentials: Keep your username and password confidential. You are responsible for any activity under your account, so do not share your credentials.
• Unauthorized Access: You must notify Cheesebase immediately at support@cheesebase.com if you believe your account has been compromised or accessed without authorization. We may ask you to provide information to verify your identity for security purposes.

4. Platform Services and Trainers

Cheesebase is a platform that connects users ("Users") with independent providers of training or coaching services ("Trainers"). Through Cheesebase, Users can discover, follow, and book sessions with approved Trainers worldwide. Trainers must apply and be accepted by Cheesebase to offer services on the Platform. We reserve the right to approve or reject any Trainer application in our sole discretion and to set criteria for qualification. All training sessions, advice, or content provided by Trainers are the responsibility of those Trainers, not Cheesebase.

• Independent Contractors: You acknowledge that Trainers on Cheesebase are independent contractors offering their services through the Platform, and are not employees, agents, or representatives of Cheesebase. Cheesebase does not supervise, direct, or control the services that Trainers provide, and we are not responsible for the quality, timing, legality, or any other aspect of the services delivered by Trainers
• No Endorsement: Cheesebase does not endorse or guarantee any Trainer or any User. While we may vet or approve Trainers to a degree (e.g. through an application process), we do not guarantee their credentials, qualifications, expertise, or ability to meet your needs. Users should exercise common sense and caution when engaging any Trainer.
• No Employment Relationship: Nothing in these Terms creates an employment, partnership, joint venture, or agency relationship between Cheesebase (or OTUSK LLC) and any User or Trainer. Trainers operate their own business enterprises and use Cheesebase as a marketplace to offer services to Users. Trainers cannot bind Cheesebase in any contracts, and they are solely responsible for their own acts and omissions.
• Trainer Obligations: If you are approved as a Trainer, you may be subject to additional guidelines or terms from Cheesebase regarding offering your services (for example, maintaining an active Stripe Connect account, following community standards, and providing a high quality of service). Failure to comply may result in suspension or removal from the Platform. Trainers are responsible for setting their prices (unless otherwise agreed with Cheesebase) and delivering the services they advertise.

5. User-Generated Content

Cheesebase allows Users and Trainers to create profiles, post content, share feedback, and communicate with others. You retain ownership of any content (including text, photos, videos, reviews, etc.) that you post or submit on Cheesebase. However, by posting content on the Platform, you grant Cheesebase (and OTUSK LLC) a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display your content in connection with operating and promoting the Platform. This license allows us to make your content available to other users (for example, showing your posts to your followers or displaying your profile and reviews) and to use it for internal purposes (such as marketing or improving our services).

• Your Responsibility for Content: You are solely responsible for all content you submit or share on Cheesebase. You represent and warrant that you have all necessary rights to such content, and that posting it does not violate any third-party's intellectual property, privacy, or other rights.
• Content Guidelines: You agree not to post any content that: (a) is illegal, fraudulent, or misleading; (b) infringes on anyone's intellectual property or privacy rights; (c) is defamatory, obscene, pornographic, or offensive; (d) harasses, bullies, or threatens others; (e) contains viruses or malicious code; or (f) otherwise violates these Terms or any applicable law. We reserve the right to remove or disable access to any content that we deem violates these Terms or that may harm the integrity of the Platform, at our discretion and without prior notice.
• Monitoring: Cheesebase is not obligated to monitor user content, but we reserve the right to do so and to edit, remove, or refuse to display any content for any reason. We may also terminate or suspend accounts for serious or repeated violations (see Termination section below).
• Feedback: If you provide us with feedback or suggestions regarding Cheesebase, you acknowledge that we may use and share such feedback for any purpose without compensating you, and you grant us a perpetual, sublicensable license to incorporate and use your feedback.

6. Payments and Fees

Cheesebase uses Stripe Connect as a third-party payment processor to facilitate transactions between Users and Trainers. When a User books a paid session with a Trainer, payments will be processed securely through Stripe. By using Cheesebase's payment features, you agree to comply with Stripe's terms, including the Stripe Connected Account Agreement and Stripe's general Terms of Service.

• Trainers and Stripe Connect: If you are a Trainer, you must create and maintain a valid Stripe Connect account to receive payments for your services. This will require you to provide Stripe (not Cheesebase) with certain information (such as banking details, identity verification, etc.). You are responsible for providing accurate and complete information to Stripe and complying with Stripe's policies. All payout arrangements (timing, fees, etc.) are governed by your agreement with Stripe.
• Payment Processing: Stripe is solely responsible for processing payments on the Platform. Cheesebase does not store full payment card information and does not process payments itself. We simply facilitate the transaction through Stripe. We are not liable for any errors, omissions, interruptions, or delays in payment processing, or any acts or omissions by Stripe. However, we will reasonable assist Users and Trainers in communicating with Stripe to resolve payment issues if they arise.
• Fees and Commissions: Cheesebase may charge a service fee or commission on transactions between Users and Trainers for the use of our Platform. Any applicable fees will be disclosed to you before you complete a booking or, for Trainers, before you receive a payout. For example, we may take a percentage of the session fee paid by a User to a Trainer as our facilitation fee. By using the Platform to book or offer services, you agree to any such fees. Trainers acknowledge that Cheesebase may deduct its fees before remitting payouts via Stripe.
• Taxes: Trainers are responsible for determining and fulfilling any tax obligations arising from the provision of their services, including any income, sales, or value-added taxes. Cheesebase is not responsible for withholding or paying any taxes on a Trainer's behalf. However, we reserve the right to deduct or withhold any amounts required by law (for example, if required to issue 1099 forms or similar).
• Refunds and Cancellations: Any refund requests or cancellations of sessions are to be handled between Users and Trainers pursuant to the cancellation policy provided by the Trainer or the Platform. Stripe's refund rules may apply. Cheesebase may assist in facilitating communication regarding refunds, but the decision and processing of any refund is ultimately between the Trainer, User, and Stripe. We are not responsible for mediating payment disputes; those must be resolved between the parties (see User Interactions and Disputes section below).

7. Third-Party Services and Integrations

In addition to Stripe, Cheesebase integrates or uses other third-party services to operate our Platform. By using Cheesebase, you acknowledge and agree to our use of these services as part of providing the overall service to you:

• Amazon Web Services (AWS): Cheesebase uses Amazon Web Services for its infrastructure and data storage:
  • EC2 (Elastic Compute Cloud): We use AWS EC2 for hosting and running our application servers. This ensures reliable and scalable performance of the Platform.
  • S3 (Simple Storage Service): We use AWS S3 for secure storage of user data, including profile information, images, and other content you upload to the Platform.
  • Your data is stored and processed on AWS servers in accordance with AWS's security standards and compliance certifications.
  • By using Cheesebase, you agree that your data may be transmitted through and stored in AWS services. While we implement industry-standard security measures, you acknowledge that no cloud service is completely immune to outages or breaches.
• PostHog (Analytics): Cheesebase uses PostHog for analytics and product improvement. PostHog helps us understand how users interact with the app (such as which features are used and where issues occur) so we can improve the user experience. PostHog may collect usage data from your interactions with Cheesebase. All such analytics data is anonymized or aggregated where possible. By using the Platform, you consent to this data collection. You may have the option to opt-out of certain analytics tracking via your device settings or as described in our Privacy Policy.
• External Links and Content: The Platform or user content may include links to third-party websites or services that are not owned or controlled by Cheesebase. For example, Trainers may share links to external resources. Cheesebase does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party content or services from Cheesebase, you do so at your own risk and you understand that these Terms and our Privacy Policy do not apply to your use of those external sites.
• No Warranty of Third-Party Services: You acknowledge that Cheesebase has no control over the availability or functionality of third-party services like AWS, Stripe, or PostHog. We are not responsible for any downtime, data loss, or privacy issues caused by these third parties. However, if you encounter a problem related to a third-party integration, we welcome you to report it to us, and we will attempt to facilitate a solution where possible.

8. Prohibited Conduct

We are committed to keeping Cheesebase a safe and respectful community. When using our Platform, you agree not to engage in any of the following prohibited activities:

• Illegal Activities: Do not use Cheesebase for any unlawful purpose or in furtherance of illegal activities. You must comply with all applicable laws and regulations.
• Misrepresentation and Fraud: Do not impersonate any person or entity, or misrepresent your identity or affiliation with any person or organization. Trainers must provide truthful information about their qualifications and services. Users must not knowingly book sessions under false pretenses. No fraudulent or deceptive practices are allowed.
• Harassment and Abuse: Do not harass, threaten, bully, stalk, or intimidate others. Hate speech, abusive language, or any content that is defamatory or discriminatory (based on race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability, etc.) is strictly prohibited.
• Privacy Violations: Do not invade another's privacy. This includes posting someone's personal information (doxing) without consent, recording sessions without permission, or otherwise collecting personal data about others without proper authority or consent.
• Intellectual Property Infringement: Do not upload or share content that you do not have the right to share. This includes copyrighted materials, trademarks, or proprietary information of third parties without permission. If you share content (like documents, videos, etc.), you must either own the rights or have the necessary permissions.
• Spam and Commercial Activities: Do not use the Platform to send unsolicited advertising, promotions, or spam. Trainers may promote their services within Cheesebase in appropriate ways, but users may not advertise third-party products or services to others without authorization. Also, do not use Cheesebase to solicit Users or Trainers to transact outside of the Platform (no circumvention of our marketplace).
• Security Interference: Do not interfere with or disrupt the operation of Cheesebase. This includes not introducing viruses, worms, or any malicious code; not attempting to hack or gain unauthorized access to our systems or other users' accounts; and not bypassing any measures we use to secure the Platform.
• Data Scraping and Automated Use: Do not use any robot, spider, crawler, scraper, or other automated means to access Cheesebase or extract data (except as we may allow through public API and with prior permission). Our content is for use within the Platform only.
• No Reverse Engineering: You will not attempt to reverse engineer, decompile, or derive the source code of any part of the Cheesebase application or services.
• Prohibited Content: As noted in the User Content section, you may not post content that is obscene, pornographic (Cheesebase is not an adult content platform), violent, or otherwise harmful (such as content that promotes self-harm, suicide, or eating disorders in a harmful way).
• Multiple Accounts and Evasion: Do not create multiple accounts to evade restrictions or bans, and do not assist others in violating these Terms. If your account is suspended or terminated, you must not create a new account without our permission.

Engaging in any prohibited conduct may result in immediate suspension or termination of your account (see Termination section) and may also subject you to legal consequences. Cheesebase reserves the right to investigate and take appropriate legal action against anyone who, in our judgment, violates these rules, including reporting you to law enforcement authorities.

9. Termination of Accounts

Cheesebase reserves the right to suspend or terminate your account or access to the Platform at any time for any or no reason, with or without notice, at our sole discretion. This includes, but is not limited to, cases where we believe you have violated these Terms, engaged in prohibited conduct, or if we deem it necessary to protect the safety, security, and integrity of our community or Platform.

• By Cheesebase: We may suspend (temporarily disable access) or terminate (delete or block access to) your account in the following instances:
  • Violation of these Terms or of any applicable law.
  • Engaging in fraudulent, abusive, or harmful behavior.
  • Providing false information during registration or in your profile.
  • If you are a Trainer, failing to adhere to agreed-upon service standards or policies.
  • Extended period of inactivity or as required by law (for example, if we're obliged to delete older unused accounts under data regulations).
  • For any other reason in our reasonable judgment, including business or operational decisions to discontinue the Platform or a portion thereof.
• By You: You may terminate your own account at any time by using the account settings in the app or contacting us at support@cheesebase.com with a request to delete your account. Account deletion may result in removal of your profile and content, but these Terms (and any continuing obligations, such as arbitration agreement and our rights to content submitted prior to deletion) will survive to the extent applicable.
• Effect of Termination: Upon termination of your account, whether by you or us, your right to access and use Cheesebase will cease. We may retain certain information as required by law or for legitimate business purposes (such as maintaining payment transaction records, or logs for safety and security). Any licenses you granted to us for your content will survive insofar as we may need to retain backup copies or archival records of that content, but we will not further display your personal content except as required for legal compliance or internal purposes.
• No Liability for Termination: To the maximum extent permitted by law, Cheesebase and OTUSK LLC will not be liable to you for any compensation, reimbursement, or damages arising from termination of your access to the Platform, or for deletion of your content. This includes if you lose any expected income or opportunities as a result of account termination.
• Appeal: If you believe your account was suspended or terminated in error, you may contact us to request a review. We may (but are not obligated to) review the decision and either reinstate or uphold the termination at our sole discretion. Our decision on such appeals is final.

10. Disclaimers of Warranties

Cheesebase is provided "as is" and "as available." Your use of the Platform and any services obtained through it is at your own risk. To the fullest extent permitted by law, Cheesebase and OTUSK LLC disclaim all warranties, express or implied, in connection with the Platform and your use thereof. This includes, but is not limited to:

• No Warranty of Service Quality: We make no warranty that the Platform will meet your requirements or expectations, or that the results obtained from use of the service (including any improvement in skills or fitness from Trainers' sessions) will be accurate or reliable. We do not guarantee that booking a training session will achieve any particular outcome.
• Availability and Accuracy: We do not warrant that Cheesebase will be available on an uninterrupted, secure, or error-free basis. We do not warrant that any content (including user profiles or Trainer qualifications) is complete, accurate, or up-to-date. While we strive to correct any errors or inaccuracies that we become aware of, we make no guarantees of any kind.
• No Implied Warranties: All implied warranties, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, are expressly disclaimed. We provide no guarantee that the Platform or the training services offered will be fit for your particular needs or that they will be provided with due skill and care (those are obligations of individual Trainers, not Cheesebase).
• User and Trainer Interactions: Cheesebase does not warrant or guarantee the actions or behaviors of Users or Trainers. We are not responsible for any wrongdoing, negligence, or otherwise inappropriate behavior of any user or Trainer, whether occurring online or offline. Any advice or information (such as fitness or educational advice) given by a Trainer is that Trainer's responsibility, and we do not warrant the validity or effectiveness of any such advice.
• Technology Disclaimers: We do not guarantee that our app will be free from bugs or viruses. Downloading or accessing Cheesebase content is done at your own discretion and risk. You are solely responsible for any damage to your device or loss of data that results from use of the app or any material downloaded through it.
• Jurisdictional Notice: Some jurisdictions do not allow the exclusion of certain warranties. If such laws apply to you, some of the above disclaimers may not apply to the extent prohibited by law. In such cases, our warranties are limited to the minimum warranty scope permitted by applicable law.

11. Limitation of Liability

To the maximum extent permitted by law, in no event will Cheesebase, OTUSK LLC, or their officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of (or inability to use) the Platform or any services booked through the Platform. This includes, without limitation, damages for personal injuries, emotional distress, lost profits, lost data, loss of goodwill, service interruption, computer damage, or system failure, or the cost of substitute services, even if a party has been advised of the possibility of such damages.

Cheesebase is a platform that facilitates connections and payments, but we are not responsible for disputes or harm arising between Users and Trainers. You agree that Cheesebase and OTUSK LLC are not liable for any claims arising from the conduct of Users or Trainers, or your interactions with any third parties on the Platform. This limitation applies to any claim based on warranty, contract, tort (including negligence), strict liability, or any other legal theory.

In any event, our total cumulative liability to you for any claims arising out of or relating to these Terms or the use of the Platform will not exceed the greater of: (a) the total amount (if any) you paid to Cheesebase for transactions in the twelve (12) months prior to the event giving rise to liability, or (b) USD $100. If applicable law does not allow the limitation of liability as set forth above, this limitation may not apply to you and you may have rights in addition to those contained herein. In such cases, our liability is limited to the lowest amount permitted by applicable law.

This Section (Limitation of Liability) is a fundamental element of the basis of the bargain between Cheesebase and you. The Platform would not be provided without such limitations. You specifically acknowledge that Cheesebase is not liable for the defamatory, offensive, or illegal conduct of any third party (including users or Trainers) and that the risk of harm or damage from the foregoing rests entirely with you.

12. User Interactions and Disputes

Cheesebase is not responsible for disputes between users, or between users and Trainers. We are not a party to the contracts or agreements between Users and Trainers for services, and we have no obligation to mediate or resolve any conflict you may have with another user of the Platform. You agree that you must resolve any such disputes directly with the other party.

By using Cheesebase, you release Cheesebase and OTUSK LLC from any claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and any other user or Trainer. This includes any claims, injuries, or damages arising from the services a Trainer provides or a User's conduct. We encourage Users and Trainers to communicate clearly, set expectations, and use the Platform's tools (like session confirmations and reviews) to minimize misunderstandings.

• No Mediation Duty: While we may, in our discretion, attempt to help Users and Trainers resolve a disagreement (for instance, by providing customer support guidance), we have no formal obligation to intervene. If we choose to assist in dispute resolution, we do not thereby accept liability for the outcome.
• User and Trainer Communications: Keep all necessary communications on the Platform when possible (for example, using our messaging features) so that there is a record in case of a dispute. Off-platform communications or payments are strongly discouraged and are outside our control; they may also constitute a violation of these Terms.
• Release: In plain terms, if you have a conflict with someone else on Cheesebase, you agree not to involve Cheesebase in that dispute. If somehow a claim is brought against Cheesebase due to your activities (for example, a Trainer's negligence causes injury and the user tries to sue us), the Indemnification section below will apply – meaning you will defend and protect us from any such claim.

13. Indemnification

You agree to indemnify, defend, and hold harmless Cheesebase, OTUSK LLC, and their affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees and costs) arising out of or in any way connected with: (a) your use of the Platform or services obtained through the Platform; (b) your violation of these Terms or of any law or regulation; (c) your infringement of any rights of a third party (including intellectual property rights or privacy rights); (d) any content you post or submit (including claims that your content infringed or misused someone's rights); or (e) your interactions or disputes with any other user or Trainer (including any harm or losses caused to them by you).

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (in which case you agree to fully cooperate with us in asserting any available defenses). This indemnity obligation survives the termination of your account and these Terms.

14. Dispute Resolution (Arbitration & Class Action Waiver)

Please read this section carefully, as it affects your rights. It requires you to arbitrate disputes with us and limits the manner in which you can seek relief. By agreeing to these Terms, you and Cheesebase are each waiving the right to a trial by jury and the ability to participate in a class action or other representative proceeding for any disputes arising out of or relating to these Terms or your use of the Platform.

• Initial Dispute Resolution: Most concerns can be resolved quickly by contacting our support team at support@cheesebase.com. You agree to try in good faith to settle any dispute, claim, or controversy arising out of or relating to these Terms or your use of Cheesebase informally by contacting us first. If a dispute is not resolved within 30 days from the time you or we raise it (by notifying the other party in writing), then either party may proceed to initiate arbitration as described below.
• Binding Arbitration: Except for the exceptions expressly stated below, any dispute, claim, or controversy arising out of or relating to these Terms or your use of Cheesebase that cannot be resolved informally will be settled by final and binding arbitration. You agree that arbitration is mandatory and is the exclusive remedy for all disputes (other than those exempted below). The arbitration will be administered by the American Arbitration Association (AAA) (or a similar reputable arbitration organization if AAA is not available), and will be conducted under the AAA's Consumer Arbitration Rules (or applicable rules for the nature of the dispute) in effect at the time the arbitration is initiated, except as modified by this section. You can find AAA's rules at www.adr.org or by calling AAA.
• Arbitration Procedure: The arbitration shall be conducted by a single, neutral arbitrator. For convenience, you may choose to have the arbitration conducted by telephone, video conference, or based solely on written submissions, and if an in-person hearing is necessary, it will take place in a location reasonably convenient to both parties (if you and we cannot agree on a location, it will be in the State of Delaware). The arbitrator will issue a reasoned written decision that is final and binding and can be entered in any court of competent jurisdiction.
• Governing Law for Arbitration: The Federal Arbitration Act (9 U.S.C. §§ 1-16) and federal arbitration law govern the interpretation and enforcement of this Dispute Resolution section. The arbitrator will apply Delaware state law to any other matters (consistent with the Governing Law section below).
• Class Action Waiver: All arbitrations shall proceed on an individual basis. You and Cheesebase agree that you each may bring claims against the other only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any class or representative proceeding, nor to make an award to any person or entity not a party to the arbitration. You and Cheesebase expressly waive any right to a jury trial and to participate in a class action lawsuit or class-wide arbitration.
• Exceptions: Notwithstanding the above, either you or Cheesebase may choose to pursue a dispute in court and not by arbitration if: (a) the dispute qualifies for resolution in a small claims court (in a case where the claim is within the jurisdictional limit of small claims court and is filed as such); or (b) either party seeks injunctive relief for alleged unlawful use of intellectual property (such as trademarks, trade secrets, copyright, or patent infringement). These exceptions shall not be deemed to waive or invalidate the remainder of this arbitration agreement.
• Opt-Out Right: You have the right to opt out of arbitration within 30 days of first agreeing to these Terms. If you do not wish to be bound by the arbitration and class-waiver provisions, you must send a written notice to our contact address listed below (in the Contact Information section) or email us at legal@cheesebase.com, with the subject line "Arbitration Opt-Out" and your full name. The notice must include your account information and a clear statement that you wish to opt out of mandatory arbitration. If you opt out of this arbitration agreement, then the Class Action Waiver above will not apply to you. (Opting out of arbitration will not affect any other sections of these Terms, such as the governing law or any other agreement to arbitrate in the future if you enter other agreements with us.)
• Arbitration Costs and Attorney's Fees: Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules. We will reimburse your arbitration filing fee if your claim is for $10,000 or less, unless the arbitrator finds your dispute frivolous or brought in bad faith. Each party is responsible for its own attorneys' fees and costs unless the arbitration rules or applicable law provide otherwise. However, if the arbitrator determines that your claims are frivolous or brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then the arbitrator may order you to pay our attorneys' fees and costs.
• Severability of Arbitration Terms: If any portion of this Dispute Resolution section is found to be unenforceable or unlawful, such provision shall be severed and the remainder of this section shall remain in effect. For example, if the Class Action Waiver is found to be unenforceable, the remaining provisions of arbitration shall still apply. In no case shall there be a class arbitration. If the entire arbitration agreement is found to be unenforceable, then you and we agree that the exclusive jurisdiction and venue described in the Governing Law section shall govern any action arising out of these Terms or your use of the Platform.

15. Governing Law

These Terms and any dispute arising out of or relating to these Terms or your use of Cheesebase shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of law principles. However, the Federal Arbitration Act governs the interpretation and enforcement of the arbitration clause above (as noted). If for any reason a dispute is not subject to arbitration or if any litigation arises in connection with these Terms or the use of the Platform that is not subject to arbitration, then (except as otherwise required by law) jurisdiction and venue shall be in the state or federal courts located in Delaware. You and Cheesebase consent to the personal jurisdiction of such courts. Notwithstanding the foregoing, we reserve the right to seek injunctive or other equitable relief in any jurisdiction to prevent irreparable harm.

16. General Provisions

• Entire Agreement: These Terms (along with any additional policies or guidelines we provide, such as our Privacy Policy or any supplemental terms for certain features) constitute the entire agreement between you and Cheesebase/OTUSK LLC regarding your use of the Platform, and supersede any prior agreements or understandings between us, whether written or oral. No oral or written information or advice given by us or our representatives shall create any warranty or in any way increase the scope of obligations under these Terms, unless expressly stated.
• Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect. The invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law, or if it cannot be so modified, it will be severed from these Terms.
• No Waiver: Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of OTUSK LLC.
• Assignment: OTUSK LLC may assign or transfer these Terms (in whole or in part), or delegate any of its obligations, to any person or entity at any time with or without your consent. For example, this may occur if we undergo a corporate reorganization, or a sale of our business. You may not assign or transfer your rights or obligations under these Terms to anyone without our prior written consent, and any attempt to do so without consent will be null and void. These Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
• No Third-Party Beneficiaries: These Terms are for the benefit of you and Cheesebase (OTUSK LLC), and not for the benefit of any third party or person except as expressly provided (such as indemnitees under your indemnification obligations).
• Force Majeure: We are not liable for any delay or failure in performance of the Platform or any services caused by circumstances beyond our reasonable control, including acts of God, war, terrorism, labor shortages or disputes, internet or utility failures, pandemics, or governmental actions.
• Relationship of Parties: You and Cheesebase are independent contracting parties. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship.
• Survival: Provisions of these Terms which by their nature should survive termination (such as Indemnification, Limitation of Liability, Dispute Resolution, Governing Law, and Content License) will remain in effect after termination or expiration of these Terms or your account.
• Headings: Section headings in these Terms are for convenience only and have no legal or contractual effect.

17. Contact Information

If you have any questions, concerns, or notices regarding these Terms or the Cheesebase Platform, please contact us at:

OTUSK LLC (Cheesebase Support)
Email: support@cheesebase.com
Address: OTUSK LLC, 8591 150th st., Jamaica, NY 11435, USA

Notice for California Users: Under California Civil Code Section 1789.3, California users of the Platform are entitled to the following specific consumer rights notice: You may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.