Specific Marketplace Contributor Terms of Use

Effective date: April 29, 2026

Welcome to Specific. Specific Marketplace ("Specific," "we," "our," or "us") is a Y Combinator–backed company that runs a marketplace where independent contributors record voice clips, submit code repositories, and provide other materials that are used to train AI models. These Contributor Terms of Use (the "Terms") govern your access to and use of our website at usespecific.com, our applications, and the related services (collectively, the "Services") as a contributor.

If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at:

• Email: sid@usebear.ai
• Address: 39 Tehama, San Francisco, CA

These Terms are a binding contract between you and Specific. Your use of the Services in any way, including registering as a contributor, accepting tasks, submitting recordings or code, or receiving payouts, means that you agree to these Terms, and these Terms remain in effect while you use the Services. These Terms include the provisions in this document as well as those in our Privacy Policy and Data Use Policy, which are incorporated by reference.

Please read these Terms carefully. They cover important information about the Services provided to you, the payments you may earn, the licenses you grant us in your submissions, limitations of liability, a class action waiver, and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1. How the marketplace works

Specific connects two sides of a marketplace. On one side, posters (including AI labs and enterprises) publish tasks for voice recordings, code repositories, conference transcripts, and other training-data assets. On the other side, contributors like you record, submit, and get paid once your work is auto-validated. By accepting these Terms, you are joining as a contributor. Specific does not guarantee that any particular task will be available to you, that your submissions will be accepted, or that any particular amount of work or earnings will be available through the Services. Tasks, payout rates, and validation criteria may change at any time.

2. Will these Terms ever change?

We are constantly trying to improve the Services, so these Terms may need to change along with them. We reserve the right to change these Terms at any time, but if we do, we will place a notice on our site at usespecific.com, send you an email, and/or notify you by some other means.

If you do not agree with the new Terms, you are free to reject them; 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.

3. Your privacy

Specific takes the privacy of its contributors seriously. Our Privacy Policy explains what we collect, how we use it, and the choices you have. Our Data Use Policy explains how we treat the submissions you give us — including how we strip personally identifiable information before submissions leave our systems and how we use anonymized submissions exclusively to train AI models.

Children's Online Privacy Protection Act

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 under 13 years of age. 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 or otherwise use the Services or send us any personal information. 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 a child under 13 may have provided us personal information, please contact us at sid@usebear.ai.

4. Eligibility and account basics

To register as a contributor, you must create an account, select a password and user name (your "Specific User ID"), and provide us with certain information, such as your contact information, payout details, and the language(s) or skills relevant to the tasks you want to take on. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select a Specific User ID that you do not 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.

You may also be able to access certain parts of the Services using account credentials from third-party services (each, a "Third Party Account"), such as those offered by Google. By using the Services through a Third Party Account, you permit us to access certain information from that account for use by the Services. You can adjust how much information is accessible through your Third Party Account's privacy settings.

You represent and warrant that you are at least 18 years old and an individual of legal age to form a binding contract. If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to do so and to bind that organization (in which case, the references to "you" and "your" in these Terms refer to that organization).

You will only use the Services for your own personal use as a contributor and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, you are not 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.

You will not share your Specific User ID, account, or password with anyone, and you must protect the security of your credentials and any other access tools. You are responsible for any activity associated with your Specific User ID and account, including any submissions made through your account.

5. Independent contractor relationship

You are an independent contractor. Nothing in these Terms creates an employment, partnership, agency, joint venture, or franchise relationship between you and Specific. You are not entitled to any of the benefits that Specific may make available to its employees (including without limitation health insurance, retirement benefits, paid time off, workers' compensation, or unemployment insurance). You will not represent yourself as an employee, agent, or representative of Specific.

You control how you work. You decide whether to accept any given task, when and where to perform it, and what equipment to use, subject to the technical specifications and validation criteria for that task. Nothing in these Terms restricts your right to provide similar services to others, including our competitors.

Taxes are your responsibility. You are solely responsible for reporting and paying all federal, state, local, and foreign taxes, contributions, and other governmental assessments arising from compensation you receive through the Services. Specific will not withhold any taxes from your payouts, except where required by law. We may issue tax forms (such as a Form 1099 in the United States) where required, and you agree to provide accurate tax information when requested.

6. Acceptable use

You represent, warrant, and agree that you will not provide or contribute anything, including any Submission (defined below), or otherwise use or interact with the Services, in a manner that:

• infringes or violates the intellectual property rights or any other rights of anyone else (including Specific or any poster);
• violates any law or regulation, including without limitation any applicable export control laws, privacy laws, or any other purpose not reasonably intended by Specific;
• is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
• jeopardizes the security of your Specific User ID, account, or anyone else's (such as allowing someone else to log in to the Services as you, or having someone else perform tasks under your account);
• attempts, in any manner, to obtain the password, account, or other security information from any other user;
• violates the security of any computer network, or cracks any passwords or security encryption codes;
• 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);
• "crawls," "scrapes," or "spiders" any page, data, or portion of or relating to the Services or its content;
• attempts to manipulate the auto-validation pipeline, fabricate submissions, submit AI-generated content as if it were human-generated (where the task calls for human-generated content), or otherwise deceive the validation process; or
• decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of the Services.

A violation of any of the foregoing is grounds for rejection of submissions, withholding of payouts for the affected submissions, suspension or termination of your account, and any other remedies available to us under these Terms or applicable law.

7. Your submissions

What counts as a Submission

Anything you record, upload, share, store, or otherwise provide through the Services is a "Submission." Submissions include voice recordings, code or codebases, conference transcripts, written materials, screen recordings, and any other content you contribute in connection with a task. You are solely responsible for all Submissions you contribute. You represent that all Submissions are accurate, complete, and in compliance with all applicable laws, rules, and regulations, and with the specifications of the task you accepted.

Content rules for Submissions

You agree that you will not submit any Submissions that:

• infringe any third party's copyrights or other rights (e.g., trademark, privacy, publicity, or contractual rights);
• contain sexually explicit content or pornography;
• contain hateful, defamatory, or discriminatory content or incite hatred against any individual or group;
• exploit minors or include the voice, image, or personal information of any minor;
• depict unlawful acts or extreme violence;
• depict animal cruelty or extreme violence towards animals;
• promote fraudulent schemes, multi-level marketing, get-rich-quick schemes, online gambling, cash gifting, or similar dubious money-making ventures;
• include trade secrets, confidential information, or proprietary code that you do not have the right to share with us; or
• violate any law.

Submissions must be your own work

You represent and warrant that each Submission is your original work (or work that you have full rights to submit), that you have all rights, consents, releases, and permissions necessary to grant the licenses described below, and that we will not need to obtain any further licenses or pay any royalties to any third party in connection with our use of the Submission. If a Submission includes the voice, likeness, name, code authored by, or other identifying material of any third party, you represent and warrant that you have obtained that party's informed consent to that inclusion and to the uses described in these Terms and our Data Use Policy.

License you grant us

Subject to our Privacy Policy and Data Use Policy, by submitting any Submission through the Services, you hereby grant Specific a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, edit, modify, truncate, aggregate, anonymize, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the Submission, in any media now known or later developed, for the purposes of (a) operating, providing, and improving the Services; (b) training, evaluating, fine-tuning, and otherwise developing AI models, including by transferring or licensing the Submission and derivative works to AI labs, posters, and other customers of Specific; (c) producing aggregated, de-identified, or anonymized datasets; and (d) the operation of our (and our successors' and assigns') businesses generally. This license survives termination of your account and these Terms.

You also acknowledge that we may need to make changes to your Submissions to conform and adapt them to the technical requirements of connection networks, devices, services, or media, and the foregoing license includes the rights to do so.

Voice cloning tasks

Some voice tasks are specifically labeled as voice cloning tasks. Before recording for those tasks, you must give explicit task-level consent to Specific using your voice recording for voice cloning, AI voice training, model evaluation, and synthetic voice examples, including examples or listings similar to a voice library. If accepted, the recording and derived artifacts may be licensed or transferred to AI labs, posters, and other customers for those purposes, subject to our Privacy Policy and Data Use Policy.

Right to request deletion

You may request that we delete a specific Submission after submission by contacting us at sid@usebear.ai. Upon receiving a valid request, we will delete the Submission and any derived artifacts that we still control. Note that once an anonymized Submission has been used to train an AI model, removing it from that model is not always technically feasible; we will, however, ensure that no further use is made of the Submission for training and that any retained copies are deleted.

8. Payments and payouts

(a) How earnings work When you submit a task, your Submission is run through our auto-validation pipeline. If it passes validation, you become eligible for the payout amount associated with that task at the rate disclosed at the time you accepted the task. We do not pay for Submissions that fail validation, that violate these Terms, or that are not delivered as specified by the task. Specific has the sole right to determine whether a Submission has passed validation, but we will work in good faith to be transparent about validation criteria.

(b) Payout method and processor Payouts are processed through one or more third-party payment processors. By using the Services, you authorize Specific and its payment processor to make payouts to the payment account you have linked to your Specific account (your "Payout Account"). The processing of payouts is subject to the terms, conditions, and privacy policies of the payment processor in addition to these Terms. We are not responsible for any error by, or other acts or omissions of, the payment processor, but we will use reasonable efforts to assist you in resolving any payout issues.

(c) Accurate payout information YOU MUST PROVIDE CURRENT, COMPLETE, AND ACCURATE INFORMATION FOR YOUR PAYOUT ACCOUNT AND ANY REQUIRED TAX INFORMATION. YOU MUST PROMPTLY UPDATE THIS INFORMATION TO KEEP IT CURRENT, COMPLETE, AND ACCURATE, AND PROMPTLY NOTIFY US IF YOUR PAYMENT METHOD IS CANCELED OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY (SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD). IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY WITHHOLD ANY OUTSTANDING COMPENSATION UNTIL THE INFORMATION IS PROVIDED.

(d) Holds, adjustments, and chargebacks We reserve the right to place holds on, adjust, or reverse payouts where we reasonably believe that a Submission was fraudulent, violated these Terms, was generated in a way the task did not allow, or was credited to your account in error. If we have already paid out an amount that we are entitled to recover under these Terms, we may offset that amount against your future payouts or, if necessary, request repayment.

(e) Pauses to payouts From time to time, payouts may be paused (for example, while we update our payments infrastructure, while a payment processor is being changed, or for compliance reasons). When this happens, you can keep recording and submitting; we will process and pay out every accepted Submission as soon as payouts resume.

9. Copyright complaints (DMCA)

In accordance with the DMCA, we have adopted the following policy toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members, or users and (2) remove and discontinue service to repeat offenders.

(1) Procedure for reporting copyright infringements If you believe that material on the Services infringes your copyright (or the copyright of someone you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to our Designated Agent (whose contact details are listed below):

• a physical or electronic signature of a person authorized to act on behalf of the copyright owner;
• identification of the copyrighted work claimed to have been infringed;
• identification of the material that is claimed to be infringing, with sufficient detail for us to find and verify it;
• contact information about the notifier including address, telephone number, and, if available, email address;
• a statement that the notifier has a good-faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
• a statement made under penalty of perjury that the information provided is accurate and that the notifying party is authorized to make the complaint on behalf of the copyright owner.

(2) After we receive a proper notice Upon receipt of a proper notice of copyright infringement, we reserve the right to:

• remove or disable access to the infringing material;
• notify the contributor accused of infringement that we have removed or disabled access to the material; and
• terminate that contributor's access to the Services if they are a repeat offender.

(3) Counter-notice procedure If a contributor believes that material that was removed (or to which access was disabled) is not infringing, or that they have the right to post and use such material, they may send us a counter-notice containing:

• a physical or electronic signature of the contributor;
• identification of the material that was removed and the location at which it appeared before removal;
• a statement of good-faith belief that the material was removed or disabled as a result of mistake or misidentification; and
• the contributor's name, address, telephone number, and, if available, email address, along with a statement consenting to the jurisdiction of the federal court for the judicial district where the contributor's address is located (or, for non-U.S. addresses, any judicial district where Specific is located), and consent to accept service of process from the person who provided the original notice.

If we receive a counter-notice, we may, in our discretion, send a copy to the original complaining party informing them that we may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the contributor, the removed material may be replaced or access to it restored 10 to 14 business days or more after receipt of the counter-notice, at our discretion.

Please contact our Designated Agent at:

Specific Marketplace

Attn: DMCA Designated Agent 39 Tehama, San Francisco, CA

Email: sid@usebear.ai

10. Responsibility for content and third parties

Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom it originated. We are not 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 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 Submissions you contribute, in any manner, to the Services, and you represent and warrant that you have all rights necessary to do so, in the manner in which you contribute it.

The Services may contain links or connections to third-party websites or services that are not owned or controlled by Specific (for example, payment processors and identity verification providers). When you access third-party websites or use third-party services, you accept that there are risks in doing so, and Specific is not responsible for those risks.

Specific has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of any third-party websites or services. We encourage you to read the terms and privacy policy of each third-party website or service you visit or use. By using the Services, you release and hold us harmless from any liability arising from your use of any third-party website or service.

You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: "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."

11. Changes to the Services

We are always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, introduce new features, or impose limits on certain features or restrict access to parts or all of the Services. We reserve the right to remove any content (including any Submission) from the Services at any time, for any reason, in our sole discretion, and without notice — for example, if a Submission is alleged to violate these Terms.

12. Termination

You are free to stop using the Services at any time by contacting us at sid@usebear.ai. Please refer to our Privacy Policy and Data Use Policy, as well as the licenses above, to understand how we treat information and Submissions you have provided after you have stopped using the Services.

Specific is 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. Specific has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. Where we terminate your account for cause, we may withhold any pending payouts associated with Submissions affected by the breach.

Account termination may result in destruction of any content associated with your account, so keep that in mind before you decide to terminate. If you have deleted your account by mistake, contact us immediately at sid@usebear.ai — we will try to help, but we cannot promise that we can recover or restore anything.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. Examples include: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights (including the license you grant in your Submissions), and terms regarding disputes between us, including the arbitration agreement.

13. Mobile applications

You acknowledge and agree that the availability of any Specific mobile application is dependent on the third-party stores from which you download the application, e.g., the App Store from Apple or the Android app market from Google (each an "App Store"). Each App Store may have its own terms and conditions to which you must agree before downloading. You agree to comply with, and your license to use our application is conditioned upon your compliance with, those App Store terms. To the extent the App Store's terms are less restrictive than, or otherwise conflict with, these Terms, the more restrictive or conflicting terms in these Terms apply.

Apple App Store

If you use a Specific iOS application available via the Apple App Store, the following additional terms apply:

• These Terms are concluded between you and Specific only, and not with Apple, and Apple is not responsible for the application or its content.
• The application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your personal use, subject to all the terms of these Terms as they are applicable to the Services.
• You will only use the application in connection with an Apple device that you own or control.
• Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the application.
• In the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple's sole warranty obligation will be to refund the purchase price of the application, if any.
• Specific, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the application, including any intellectual property infringement claims.
• You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• You will comply with any applicable third-party terms of agreement which may affect or be affected by your use of the application.
• Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right to enforce these Terms against you as the third-party beneficiary.

14. Disclaimers, liability, and indemnity

Warranty disclaimer

Specific and its licensors, suppliers, partners, parents, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives, and agents, and each of their respective successors and assigns (Specific and all such parties together, the "Specific Parties") make no representations or warranties concerning the Services, including without limitation regarding any content contained in or accessed through the Services. The Specific Parties make no representations or warranties regarding the availability or amount of tasks, the success of any submission through validation, or the timing or amount of any payout. THE SERVICES AND ANY CONTENT ARE PROVIDED BY SPECIFIC (AND ITS LICENSORS AND SUPPLIERS) 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.

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 ANY OF THE SPECIFIC PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION; (B) ANY SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY; (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE TO YOU BY SPECIFIC IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity

You agree to indemnify and hold the Specific Parties 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 (a) your use of the Services (including any actions taken by a third party using your account); (b) any Submission you provide, including any claim that the Submission infringes a third party's intellectual property, privacy, publicity, or other rights or breaches a confidentiality obligation; and (c) your violation of these Terms. We will use reasonable efforts to provide notice of any such claim, suit, or action to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations).

15. General

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 Specific's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of law

These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to the conflicts of laws provisions thereof.

Arbitration agreement

Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Specific and limits the manner in which you can seek relief from Specific. Both you and Specific acknowledge and agree that, for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Specific's officers, directors, employees, and independent contractors ("Personnel") are third-party beneficiaries of these Terms and will have the right to enforce these Terms against you as third-party beneficiaries. (a) Arbitration rules; applicability. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in San Francisco, California. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the "Rules") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

(b) Costs of arbitration. The Rules will govern payment of all arbitration fees. Specific will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Specific will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

(c) Small claims court; infringement. Either you or Specific may assert claims, if they qualify, in small claims court in San Francisco, California or any United States county where you live or work. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

(d) Waiver of jury trial. YOU AND SPECIFIC WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Specific are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Specific over whether to vacate or enforce an arbitration award, YOU AND SPECIFIC WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute resolved by a judge.

(e) Waiver of class or consolidated actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CONTRIBUTOR OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CONTRIBUTOR OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Specific is entitled to arbitration; instead, all claims and disputes will be resolved in a court as set forth in (g) below.

(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 39 Tehama, San Francisco, CA, postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms' arbitration agreement.

(g) Exclusive venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Specific to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Specific agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in San Francisco, California, or the federal district in which that county falls.

(h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Specific.

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. 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. You and Specific agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Specific, and that these Terms supersede and cancel all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms.

Except as expressly set forth in the sections above regarding the Apple application and the arbitration agreement, you and Specific agree there are no third-party beneficiaries intended under these Terms.