6.4 Geographical Restrictions

Our Services are subject to Stripe's geographical restrictions and are only available in regions where Stripe Connect operates. You may not use our Services in territories where Stripe Connect is not available or where your business activities are restricted or prohibited by applicable law. It is your responsibility to ensure your use of our Services complies with all applicable laws in your jurisdiction.

6.5 Consequences of Violation

If we believe, in our sole discretion, that you have violated this Section or any other provision of these Terms, we may, without prior notice: (a) suspend or terminate your account; (b) refuse to provide further Services to you; (c) report your activities to Stripe, relevant card networks, or law enforcement authorities; and/or (d) take legal action against you.

7. DATA PRIVACY, SECURITY, AND COMPLIANCE

7.1 Privacy Practices

Our collection, use, and disclosure of information obtained in connection with your use of the Services is governed by our Privacy Policy, which is incorporated by reference into these Terms. By using our Services, you acknowledge and consent to our privacy practices as described in our Privacy Policy.

7.2 Data Collection and Processing
We collect and process your data solely as necessary to provide the Services and as outlined in our Privacy Policy and Stripe's Privacy Policy. In providing the Services, we may share your data with Stripe as required for the operation of your Stripe Express account. You acknowledge and agree that Stripe may independently collect, use, and process data related to your account and transactions as described in Stripe's Privacy Policy.

7.3 Your Data Responsibilities

You represent and warrant that:

(a) You have obtained all necessary rights, licenses, permissions, and consents to share any data you provide to us or Stripe;

(b) You have provided all necessary privacy notices and obtained all necessary consents from relevant individuals or entities as required by applicable laws and regulations;

(c) Your collection, use, and disclosure of customer data complies with all applicable privacy and data protection laws, including but not limited to the California Consumer Privacy Act (CCPA), General Data Protection Regulation (GDPR), and similar laws in relevant jurisdictions;

(d) You will maintain and comply with a privacy policy that: (i) complies with all applicable laws and regulations; (ii) is conspicuously posted and accessible to your customers; (iii) accurately describes your collection, use, and sharing of personal information; and (iv) discloses your use of Stripe as a payment processor.

7.4 Data Security

You agree to implement and maintain reasonable security measures to protect any personal, financial, or transaction information in your possession or control. Such measures must comply with applicable laws, regulations, and industry standards. You agree to promptly notify us of any security breach that involves or may involve data related to your use of our Services.

7.5 Payment Card Industry Data Security Standards (PCI-DSS)

You acknowledge that your use of the Services may be subject to compliance with the Payment Card Industry Data Security Standards (PCI-DSS) to the extent applicable to your business. You agree to comply with all applicable PCI-DSS requirements when using the Services. You are solely responsible for ensuring your systems and operations comply with PCI-DSS when collecting, storing, processing, or transmitting cardholder data.

7.6 Regulatory Compliance

You are solely responsible for ensuring that your use of our Services and your business operations comply with all applicable laws, rules, and regulations, including but not limited to:

(a) Financial services and money transmission laws;
(b) Consumer protection laws;
(c) Anti-money laundering and know-your-customer laws;
(d) Tax laws and regulations;
(e) Laws governing international transactions, sanctions, and export controls.

We make no representation that our Services comply with laws outside of the United States, and you are responsible for compliance with local laws if you access the Services from locations outside of the United States.

8. TERM, TERMINATION, AND SUSPENSION

8.1 Term

These Terms will commence on the date you first accept them or begin using our Services, whichever occurs first, and will continue until terminated as provided herein.

8.2 Termination by Merchant

You may terminate these Terms at any time by:
(a) Canceling your subscription through your account dashboard or by contacting us at

[email protected];
(b) Ceasing all use of the Services; and
(c) Paying all outstanding fees and amounts owed to us.

8.3 Termination by Company

We may terminate these Terms and your access to the Services immediately at any time and for any or no reason, with or without cause or notice, in our sole discretion. Without limiting the foregoing, we may terminate these Terms if:
(a) You breach any provision of these Terms or the Stripe Agreements;
(b) We are required to do so by law or a regulatory authority;
(c) Stripe terminates its services to you or to us;
(d) We cease to offer the Services or any portion thereof;
(e) We determine, in our sole discretion, that your use of the Services poses an unacceptable level of risk;
(f) You become the subject of a bankruptcy, insolvency, receivership, liquidation, dissolution, or similar proceeding;
(g) We determine, in our sole discretion, that you are engaged in activities that are illegal, violate the Stripe Agreements, or may harm our reputation.

8.4 Suspension

In lieu of termination, we may suspend your access to the Services at any time, with or without notice, for any reason including, but not limited to:
(a) Suspected violation of these Terms or the Stripe Agreements;
(b) Suspected fraudulent, suspicious, or illegal activity;
(c) Excessive chargebacks, disputes, or refunds;
(d) Risk of financial loss to us, Stripe, or third parties;
(e) Need to verify your identity or information;
(f) Technical problems or system maintenance.

During any suspension, you may not be able to access your account or process transactions. We will not be liable to you for any losses or damages resulting from a suspension of your account.

8.5 Effect of Termination

Upon termination of these Terms for any reason:
(a) Your right to access and use the Services will immediately terminate;
(b) All licenses granted to you under these Terms will immediately terminate;
(c) All fees accrued prior to termination will remain due and payable;
(d) We may delete or deny you access to any data in our possession or control;
(e) Any provision that by its nature would survive termination will survive termination, including but not limited to Sections 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), 12 (Dispute Resolution), and 13.14 (Survival).

8.6 Stripe Account Status

Termination of these Terms does not automatically terminate your Stripe account. Your Stripe account will continue to exist according to the Stripe Agreements. If you wish to terminate your Stripe account, you must do so directly with Stripe.

9. DISCLAIMERS

9.1 General Disclaimer

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SATISFACTORY QUALITY.

9.2 Stripe Services Disclaimer

COMPANY MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE REGARDING STRIPE'S SERVICES, FEATURES, OR FUNCTIONS, INCLUDING REGARDING THEIR AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, OR SECURITY. COMPANY DOES NOT WARRANT THAT STRIPE'S SERVICES WILL FUNCTION UNINTERRUPTED, SECURELY, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ACTS OR OMISSIONS OF STRIPE OR ANY FAILURES, DELAYS, ERRORS, OR SECURITY BREACHES RELATED TO STRIPE'S SERVICES.

9.3 Business Outcomes Disclaimer

COMPANY DOES NOT GUARANTEE ANY SPECIFIC BUSINESS OUTCOMES, REVENUE GENERATION, INCREASED SALES, OR FINANCIAL BENEFITS FROM USE OF THE SERVICES. ANY TESTIMONIALS, EXAMPLES, OR PROJECTIONS PROVIDED ARE FOR ILLUSTRATIVE PURPOSES ONLY AND DO NOT CONSTITUTE GUARANTEES OR PREDICTIONS OF SPECIFIC RESULTS.

9.4 Third-Party Content and Services

COMPANY MAKES NO WARRANTY REGARDING ANY THIRD-PARTY PRODUCTS, SERVICES, WEBSITES, CONTENT, OR INFORMATION ACCESSED OR USED IN CONNECTION WITH THE SERVICES, INCLUDING WITHOUT LIMITATION ANY GOODS OR SERVICES PURCHASED OR OBTAINED FROM THIRD PARTIES.

9.5 Regulatory Compliance

WHILE COMPANY ENDEAVORS TO FACILITATE ACCESS TO SERVICES THAT ASSIST IN PAYMENT PROCESSING, COMPANY IS NOT A LAW FIRM OR COMPLIANCE CONSULTANCY AND DOES NOT PROVIDE LEGAL OR COMPLIANCE ADVICE. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE LEGAL OR REGULATORY COMPLIANCE OF THE SERVICES OR YOUR USE THEREOF. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES COMPLIES WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS.

9.6 No Reliance

YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED ON ANY REPRESENTATION, WARRANTY, OR STATEMENT NOT EXPRESSLY SET FORTH IN THESE TERMS.

9.7 Jurisdictional Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, COMPANY'S WARRANTIES AND LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11. INDEMNIFICATION

11.1 Merchant Indemnification Obligations

You agree to defend, indemnify, and hold harmless Company, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (each, an "Indemnified Party") from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, fines, or fees (including reasonable attorneys' fees and litigation costs) arising out of or relating to:

(a) Your breach or violation of these Terms, the Stripe Agreements, or any applicable law, regulation, or third-party right;

(b) Your access to or use of the Services;

(c) Any transaction processed through your account;

(d) Your products or services, or the marketing, sale, or provision thereof;

(e) Any content, data, or information you provide to us or Stripe;

(f) Any negligent acts, omissions, or willful misconduct by you or your employees, agents, or representatives;

(g) Any disputes between you and your customers, users, or any third party;

(h) Any actual or alleged infringement, misappropriation, or violation of any intellectual property rights by any products, services, content, or materials provided or sold by you in connection with the Services; or

(i) Any claim that your use of the Services caused damage to a third party, including your customers.

11.2 Procedure

Company will provide you with written notice of any claim, suit, or action from which you must indemnify Company. You will have control of the defense and settlement of any claim that is subject to indemnification; provided that: (a) you shall not settle any claim without Company's prior written consent if such settlement attributes liability to, imposes obligations upon, or grants rights to Company; and (b) Company may participate in the defense of any claim with counsel of its own choosing at its own expense.

11.3 Cooperation

You agree to cooperate fully with Company in the defense of any claim, including providing us with all information and assistance reasonably requested by us.

11.4 Exclusive Remedy

This Section 11 states your sole and exclusive obligation and Company's sole and exclusive remedy regarding any third-party claims.

12. DISPUTE RESOLUTION

12.1 Mandatory Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Services (collectively, "Disputes"), shall be resolved solely by binding, individual arbitration and not in a class, representative, or consolidated action or proceeding. You and Company agree that the Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Company are each waiving the right to a trial by jury or to participate in a class action.

12.2 Exceptions

As limited exceptions to Section 12.1 above: (a) you and Company may seek to resolve a Dispute in small claims court if it qualifies; and (b) each party retains the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.

12.3 Arbitration Procedures

The arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules or Commercial Arbitration Rules, as applicable, which are available at www.adr.org or by calling 1-800-778-7879. The arbitration will be conducted in Cheyenne, Wyoming, unless you and Company agree otherwise. The AAA's rules will govern payment of all arbitration fees.

12.4 Arbitrator's Powers

The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or relating to the interpretation or application of this arbitration provision, including the enforceability, revocability, scope, or validity of this arbitration provision or any portion of this arbitration provision. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

12.5 Class Action Waiver

YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

12.6 Severability

If any part of this arbitration provision is found to be invalid or unenforceable, then that specific part shall be severed, and the remainder of this arbitration provision shall continue in full force and effect. Notwithstanding the foregoing, if the Class Action Waiver set forth in Section 12.5 is found to be invalid or unenforceable with respect to any Dispute, then the entire arbitration provision shall be null and void with respect to that Dispute. The remaining provisions of these Terms will continue to apply.

12.7 Opt-Out

You have the right to opt out of these arbitration provisions by sending written notice of your decision to opt out to the following address: Living Out US, LLC, 2232 Dell Range Blvd, Ste 242 #5127, Cheyenne WY 82009, or to the following email address: [email protected], within thirty (30) days after first becoming subject to this arbitration provision. Your notice must include your name, address, and a clear statement that you want to opt out of this arbitration provision.

12.8 Changes to This Section

Notwithstanding any provision in these Terms to the contrary, we agree that if Company makes any future change to this arbitration provision (other than a change to the address or email address for sending an opt-out notice), you may reject any such change by sending us written notice within 30 days of the change to the address provided in Section 12.7. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.

12.9 Governing Law

These Terms and any Dispute will be governed by the laws of the State of Wyoming, without regard to its conflict of laws provisions. You and Company agree that any lawsuit not subject to the arbitration provisions in this Section shall be filed exclusively in the state or federal courts located in Laramie County, Wyoming, and you consent to personal jurisdiction in those courts.

13. MISCELLANEOUS PROVISIONS

13.1 Entire Agreement

These Terms, including any policies or documents incorporated by reference, constitute the entire agreement between you and Company regarding your use of the Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, between you and Company regarding that subject matter. No modification, amendment, or waiver of any provision of these Terms shall be effective unless in writing and signed by both parties, except as otherwise expressly set forth in these Terms.

13.2 No Waiver

No failure or delay by Company in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. The rights and remedies provided in these Terms are cumulative and not exclusive of any rights or remedies provided by law.

13.3 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be reformed to the extent necessary to make it enforceable consistent with the parties' intent, and the remaining provisions shall continue in full force and effect. If no such reformation is possible, then that provision shall be severed from these Terms with the remaining provisions remaining in full force and effect.

13.4 Relationship of the Parties

The relationship between you and Company is that of independent contractors. Nothing contained in these Terms shall be construed as creating any agency, partnership, joint venture, employment, or fiduciary relationship between you and Company. Neither party shall have authority to contract for or bind the other party in any manner whatsoever.

13.5 Assignment

You may not assign, transfer, delegate, or sublicense these Terms or any rights or obligations under these Terms without Company's prior written consent. Any attempted assignment, transfer, delegation, or sublicense without such consent will be null and void. Company may assign, transfer, delegate, or sublicense these Terms or any rights or obligations under these Terms without your consent.

13.6 Force Majeure

Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to: acts of God; natural disasters; pandemic; epidemic; war; terrorism; riot; embargoes; acts of civil or military authorities; fire; flood; accident; network infrastructure failures; strikes; lockouts or other labor disputes; communication line failures; computer viruses; unauthorized access to Company's servers; denial-of-service attacks; or any other cause beyond the reasonable control of Company.

13.7 Notice

All notices, requests, demands, and other communications under these Terms shall be in writing and shall be deemed to have been duly given when delivered personally, when sent by confirmed electronic mail, or three (3) business days after being mailed by first class, registered or certified mail, postage prepaid. Notices to Company should be sent to [email protected], with a copy to Living Out US, LLC, 2232 Dell Range Blvd, Ste 242 #5127, Cheyenne WY 82009. Notices to you will be sent to the email address associated with your account.

13.8 No Third-Party Beneficiaries

These Terms do not confer any rights, remedies, or benefits upon any person other than you and Company, except that Stripe is an express third-party beneficiary of these Terms to the extent related to the Stripe Agreements.

13.9 Headings

The section titles and other headings in these Terms are for convenience only and have no legal or contractual effect.

13.10 Electronic Communications

You consent to receive communications from us electronically, including emails, text messages, and messages posted to your account. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to maintain a valid email address and acknowledge that it is your responsibility to update your email address with us if it changes.

13.11 Export Controls

You may not use, export, re-export, import, sell, transfer, or delegate the Services in violation of U.S. export control, sanctions, and anti-boycott laws, which may include the Export Administration Regulations, the International Traffic in Arms Regulations, and economic sanctions regulations implemented by the Office of Foreign Assets Control.

13.12 U.S. Government End Users

The Services constitute a "commercial item" as defined in 48 C.F.R. § 2.101, and are being licensed to U.S. Government end users only as commercial items with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

13.13 Reporting Violations

If you believe that any user has violated these Terms, please contact us at [email protected].

13.14 Survival

The following sections shall survive the termination of these Terms: 5 (Fees, Billing and Payment Terms, solely with respect to amounts owed), 6.1 (Compliance with Stripe Restrictions), 7 (Data Privacy, Security, and Compliance), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), 12 (Dispute Resolution), and 13 (Miscellaneous Provisions).

13.15 Language

These Terms are drafted in the English language. If these Terms are translated into any other language, the English language version shall control in the event of any conflict or inconsistency.

13.16 Time Limitation on Claims

Any cause of action or claim you may have arising out of or relating to these Terms or the Services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

13.17 Equitable Relief

You acknowledge that a breach of these Terms may cause irreparable harm to Company for which monetary damages would be an inadequate remedy. Accordingly, in the event of a breach or threatened breach of these Terms, Company shall be entitled to seek equitable relief, including a restraining order, injunction, specific performance, and any other relief that may be available from any court of competent jurisdiction, without the requirement to post a bond or other security, or to prove actual damages or that monetary damages are an inadequate remedy.

13.18 Contact Information

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

Living Out US, LLC

2232 Dell Range Blvd, Ste 242 #5127

Cheyenne WY 82009

Email: [email protected]
Phone: (307) 509-0701

BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF SERVICE.