These Terms of Service (the "Terms") are a binding agreement between you and purpl LLC, a limited liability company registered in Wyoming, USA ("purpl", "we", "us"), and govern your use of Subsecond — the websites at subsecond.io and app.subsecond.io, the Subsecond application, and related services (together, the "Service"). By creating an account, making a purchase, or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
Please read in particular: Section 4 (you confirm you are a non-professional user of market data), Section 8 (all purchases are final), Sections 13–14 (no reliance, disclaimers, release, and limits on our liability), and Section 19 (binding individual arbitration and class-action waiver, with a 30-day opt-out).
1. What Subsecond is
Subsecond is a real-time stock scanning and market analytics tool. It displays market data, computed metrics, and user-configured scans for US-listed equities. The Service is provided for informational purposes only.
2. Not investment advice
Subsecond is not a broker-dealer, investment adviser, or financial advisor, and is not registered with the SEC, FINRA, or any other financial regulator. Nothing in the Service constitutes investment, financial, legal, or tax advice, or a recommendation, solicitation, or offer to buy or sell any security. Scans, metrics, alerts, and any other output are informational tools only — they are not signals or recommendations to trade.
Trading securities involves substantial risk of loss and is not suitable for everyone. You are solely responsible for your trading and investment decisions and for any resulting gains or losses. Consult a licensed financial professional before making investment decisions.
Past results of any scan, metric, filter, or strategy are not indicative of future results. You should not assume that anything shown in or built with the Service will be profitable or will avoid losses; you may lose some or all of the capital you trade. You accept these risks as your own.
3. Market data
Market data displayed in the Service is obtained from third-party exchanges and data providers (our "Data Providers"). It may be delayed, incomplete, inaccurate, or unavailable, and we do not guarantee its accuracy, timeliness, or completeness. Data is licensed to you for your personal, non-professional use within the Service only. You may not redistribute, resell, republish, scrape, export in bulk, or feed the data into other systems or services. These restrictions also apply to anything you derive from the data (for example, scan results or computed metrics) and continue after your access ends.
Our Data Providers do not sponsor or endorse Subsecond and have no obligations to you. Each Data Provider is an intended third-party beneficiary of Sections 3, 4, 13, 14, and 15 and may enforce them directly.
Part of what you pay may cover exchange and Data Provider licensing fees that we incur when your access is provisioned. Where a fee, or a part of a fee, is a pass-through of such third-party charges, that part is non-refundable — including where we grant a discretionary refund of the remainder under Section 8 — except where Section 8 promises a pro rata refund because we have discontinued the Service.
Subsecond should not be your only source of market data. If uninterrupted access to quotes matters to your trading, you are responsible for keeping a backup source (for example, your broker's platform). We do not promise that any data will be delivered at any particular speed, or at all, at any particular moment.
4. Your representations: non-professional use and compliance with law
Our Data Providers license real-time data to us on the condition that our users are non-professionals. By using the Service you represent and warrant that, for as long as you use it:
- you are an individual using the Service for your own personal investment activities — not for or on behalf of any firm, company, partnership, trust, fund, or other organization, and not in connection with any trade or business;
- you are not registered or qualified with the SEC, FINRA, the CFTC, any securities or commodities exchange or association, or any state, provincial, or foreign securities regulator, and are not required to be (for example, as a broker, dealer, investment adviser, or trader);
- you are not engaged as an "investment adviser" as defined in the Investment Advisers Act of 1940 (whether or not registered), and you are not employed by a bank or other organization exempt from registration to perform functions that would require registration if performed for a non-exempt organization;
- you do not manage, advise on, or trade the assets of anyone other than yourself; and
- you are entering into these Terms in your own capacity, not on behalf of anyone else.
If you do not meet these conditions, or stop meeting them, you are a "professional" for data-licensing purposes and may not use the Service under these Terms. Email support@subsecond.io before subscribing, or as soon as your status changes; we will tell you whether we can offer professional data terms or must close your account. Using the Service as a professional without telling us is a breach of these Terms, and you may be responsible for any additional exchange or Data Provider fees we incur as a result.
Compliance with securities laws. You represent that your use of the Service, and of anything you learn from it, complies with all applicable laws, including the Securities Act of 1933, the Securities Exchange Act of 1934 (including Rule 10b-5), the rules of the SEC, FINRA, and any national securities exchange, and the laws of the country and state where you live. You will not use the Service to manipulate any market, to trade on material non-public information, or for any other unlawful purpose. You alone decide what, when, and whether to trade.
5. Eligibility, accounts, and security
- You must be at least 18 years old and able to form a binding contract.
- You must be a human signing up for yourself. The information you give us (your email address and display name) must be accurate, and you must keep your email address current.
- Sign-in uses one-time codes sent to your email address. You are responsible for the security of that email account and for all activity under your Subsecond account.
- Accounts are personal: one account per person, no sharing, and no more than one live scanner connection at a time. Opening a new connection closes the previous one.
- Creating more than one account — for example, to buy the 30-day trial a second time — is not allowed. We may close duplicate accounts, and fees paid on them are not refundable. The trial is available once per email address; deleting your account and signing up again does not make you eligible for another, and we may refuse or revoke a repeat trial.
- Notify us at support@subsecond.io immediately if you suspect unauthorized use of your account.
Security. We use reasonable technical measures to protect the Service (they are described in our Privacy Policy), but no online service is completely secure and we cannot guarantee that unauthorized parties will never defeat those measures. Because sign-in depends on your email account, you are responsible for keeping it secure (for example, with a strong password and two-factor authentication), and for any access to your Subsecond account obtained through it. Subsecond never connects to, and never holds credentials for, any brokerage account.
6. Plans, pricing, and payment
- 30-day trial — a one-time payment of $39 for 30 days of full access, paid up front. It is not a free trial: it never auto-renews, never converts into a subscription, and we do not keep a standing authorization to charge you again. Access ends automatically 30 days after purchase and no cancellation is needed. The trial may be purchased once per email address (Section 5).
- Monthly — $109 per month, billed in advance, renews automatically every month until you cancel.
- Yearly — $1,068 per year (equivalent to $89 per month), billed in advance, renews automatically every 12 months until you cancel.
Automatic renewal. By purchasing a Monthly or Yearly subscription you authorize us, through Stripe, to charge your payment method the then-current price at the start of each renewal period until you cancel. The renewal date and amount are shown at checkout, in the purchase confirmation we email you, in your Stripe receipt, and at any time in the billing portal. Before a Yearly renewal we send a reminder email, through our payment processor Stripe, to your account email address. Monthly plans renew each month without a separate reminder; your next renewal date is always shown under Account → Manage billing, where you can cancel at any time. How to cancel is in Section 7; our refund policy is in Section 8.
All prices are in US dollars. You are responsible for any applicable taxes; where we are required to collect tax, it will be added at checkout. Payments are processed by Stripe; we never receive or store your card details. Your bank or card issuer may add foreign-transaction or currency-conversion fees; those are between you and your bank. We may change prices with at least 30 days' notice by email to your account address. For active subscriptions a price change takes effect at your first renewal after the notice period; if you do not want to pay the new price, cancel before that renewal.
Switching between Monthly and Yearly. Where the billing portal lets you switch plans, Stripe applies the change when you make it: unused time on your current plan is credited toward the new plan or held as a credit on your account and applied to future invoices. Credits are never paid out as cash. We do not offer any other upgrades or downgrades.
Failed payments. If a renewal payment fails, Stripe may retry it over the following days and will email you. We may suspend access until payment succeeds, and if it is not paid, the subscription will be cancelled.
7. Cancellation
You can cancel a Monthly or Yearly subscription at any time, for any reason, at no charge. Cancelling is as easy as signing up:
- Billing portal (recommended). In the app, open Account → Manage billing — this opens the Stripe Customer Portal — choose Cancel plan, and confirm. The cancellation is recorded immediately and Stripe emails you a confirmation. Keep that email.
- Email, if you cannot reach the portal. Send a cancellation request to support@subsecond.io from the email address on your account. We will process it within 2 business days and confirm by reply; the cancellation is effective as of the time we received your email, and if a renewal is charged between receipt and processing we will refund that renewal. Keep a copy of your sent email: if we have no record of receiving it and you cannot show that it was sent, we cannot treat it as a cancellation.
Cancellation stops future renewals. Your access continues until the end of the period you have already paid for, and we do not give credits or partial refunds for unused time. Your cancellation must be completed before your renewal date and time, which is shown in the billing portal. A renewal that has already been charged is not refunded because you intended to cancel earlier, so we recommend cancelling at least 24–48 hours before the renewal to leave time to resolve any problem with us.
If you change your mind before your paid period ends, you can resume the subscription from the same billing portal.
The 30-day trial requires no cancellation — it is a one-time purchase that ends by itself and is never renewed.
Cancelling is not deleting. Cancelling keeps your access until the end of the period you paid for; deleting your account (Section 16) ends it immediately and forfeits any remaining paid time. If your subscription is set to renew, you must cancel it in the billing portal before you can delete your account.
8. Refund policy
All payments are final and non-refundable. This includes the $39 trial, the first payment for a Monthly or Yearly subscription, and every renewal. Subsecond is a digital service delivered immediately: you receive full access the moment your payment succeeds, and we incur market-data and infrastructure costs from that moment. Any pass-through exchange or Data Provider fees are never refundable (Section 3). A plain-language summary of this section and Section 7 is available as our Refund & Cancellation Policy; if the two differ, these Terms control.
The trial is a purchase, not a free trial. The $39 is non-refundable once access is granted, whether or not you use the Service during the 30 days. Because the trial never renews, nothing further is ever charged for it.
Requests we will not honor. We do not refund because you:
- forgot to cancel, or cancelled after the renewal had already been charged;
- did not know the plan renews automatically — the renewal terms are shown at checkout, in the purchase confirmation we email you, in your receipt, in the billing portal (where you can cancel at any time), in the yearly reminder email, and in Section 6;
- did not use, or rarely used, the Service during a paid period;
- say you tried to cancel but have neither a portal confirmation nor a sent email as described in Section 7;
- changed your mind, found another product, or decided the Service is not for you;
- lost money trading, missed a trade, or relied on the Service for a trading decision (Section 2);
- experienced downtime, latency, delayed or inaccurate data, or other interruptions (Section 11) — we do not give refunds or credits for outages or data errors;
- disagree with a feature being added, changed, or removed;
- had your account suspended or terminated for breaching these Terms (Section 16) — to the extent permitted by law, prepaid fees are forfeited;
- deleted your account before the end of a period you had paid for (Section 16) — the remaining time is forfeited.
Exceptions. We may refund in our sole discretion — for example a duplicate charge, a billing error on our side, a renewal charged after a cancellation we had already received, or where the law requires it. Email support@subsecond.io from your account address and include the Stripe receipt number. A refund granted in one case is a courtesy, not a precedent: it does not change this policy or waive it for any later request, by you or anyone else. Refunds are issued by Stripe to the original payment method only.
If we discontinue the Service. If we discontinue the Service entirely (Section 11), we will refund the unused portion of any period you have prepaid, pro rata, to your original payment method. This is the one case in which a refund is promised rather than discretionary.
Consumers in the EU, EEA, and UK. The Service is digital content and a digital service that we begin providing immediately after purchase. By purchasing, you request that we start immediately and acknowledge that, once performance has begun, you lose your statutory 14-day right of withdrawal. Nothing in this Section limits rights you have under mandatory consumer law that cannot be waived by agreement.
Chargebacks and payment disputes. If you think a charge is wrong, contact us first — we resolve genuine billing errors quickly. If you dispute a charge you authorized with your bank or card issuer (including a renewal you did not cancel in time, or the trial), we will contest the dispute and provide Stripe and the card network with your checkout consent record — including your acceptance of these Terms and of the renewal terms — your access and login history, your cancellation history, and this policy. While a dispute is open we may suspend your access. If the dispute concerns a charge you authorized, we may terminate your account and decline future purchases from you, whatever the outcome of the dispute, and a reversal by your bank does not entitle you to continued access. Where the law allows, you agree to reimburse us for dispute fees and costs we incur on a dispute resolved in our favor.
Billing disputes. Any dispute about charges, renewals, cancellations, or refunds is a dispute under these Terms and is subject to the informal-resolution step in Section 18 and the binding individual arbitration and class-action waiver in Section 19 — including any dispute about whether a charge was authorized or a cancellation was received.
9. Acceptable use
You agree not to:
- scrape, crawl, or access the Service by automated means, or use it other than through the interfaces we provide;
- redistribute, resell, sublicense, or make the Service or its data available to third parties;
- share account credentials or circumvent connection, session, or entitlement limits;
- create accounts by automated means, operate more than one account, or misrepresent who you are or your professional status (Section 4);
- reverse engineer, decompile, or attempt to extract the source code, algorithms, or data feeds of the Service;
- use the Service or its data to build, train, or operate a competing data product or service;
- interfere with or disrupt the Service, probe its security, or impose unreasonable load on our infrastructure;
- use the Service in violation of any applicable law or regulation.
We monitor for account sharing and automated access. If an account shows signs of either — for example, simultaneous sessions from different locations, or request patterns that are not consistent with one person using a browser — we may suspend or lock it, without prior notice and without refund, while we investigate (Section 16). You agree that scraping, redistributing data, or sharing access would cause us and our Data Providers harm that money alone cannot repair, and that we may seek an injunction to stop it (Section 19.4) in addition to any other remedy.
10. Intellectual property and trademarks
The Service — including its software, design, branding, metrics, and content, but excluding your own saved configurations — is owned by purpl LLC or its licensors and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose while your access is active. No other rights are granted.
"Subsecond", the Subsecond logo, and "purpl" are trademarks or trade dress of purpl LLC. You may not use them — including in domain names, product or service names, or advertising — in any way likely to cause confusion or to suggest sponsorship or endorsement, without our prior written permission. Truthfully stating that you use Subsecond is fine.
11. Availability, changes, and events beyond our control
We aim to keep the Service available during US market hours, but we do not guarantee uninterrupted or error-free operation. The Service may be unavailable due to maintenance, outages of our infrastructure or data providers, or events beyond our control. We may add, change, or remove features at any time. If we discontinue the Service entirely, we will provide reasonable advance notice to active subscribers and refund the unused portion of any prepaid period (Section 8).
We do not owe you a refund, credit, or other compensation for interruptions, delays, errors, or outages of the Service or its data, however caused. We may, at our sole discretion, offer a credit in unusual cases.
Force majeure. Neither of us is liable for failing to perform an obligation under these Terms (other than an obligation to pay money) to the extent the failure is caused by events beyond our reasonable control, including outages or changes at exchanges or Data Providers, failures of internet, cloud, hosting, or payment providers, denial-of-service attacks, power or telecommunications failures, acts of government, labor disputes, epidemics, fire, flood, war, terrorism, or natural disasters. The time for performance is extended for as long as the event continues.
12. Third-party services and links
Checkout and the billing portal are provided by Stripe and are subject to Stripe's own terms and privacy policy; we are not responsible for Stripe's availability. The Service may link to third-party websites (for example, exchange pages, regulatory filings, or brokers). Those links are for convenience only: we do not control or endorse those sites, and your use of them is at your own risk and subject to their terms. Nothing in the Service is sponsored or endorsed by any Data Provider, exchange, or regulator.
13. No reliance, no advisory relationship, and disclaimer of warranties
In Sections 13 to 15, "Released Parties" means purpl LLC; its members, managers, officers, employees, contractors, and agents; its successors and assigns; and our Data Providers and other licensors.
No reliance; no advisory or fiduciary relationship. You agree that you will not rely on the Service as the sole basis for any trading or investment decision, that every decision you make is based on your own independent judgment, and that you have not relied on any statement by us that is not written in these Terms. Using the Service does not create any advisory, fiduciary, agency, or broker-customer relationship between you and any Released Party. We do not know your positions or finances, we do not monitor, supervise, or review your trading, and we have no duty to do so or to warn you about anything.
THE SERVICE AND ALL DATA ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NO RELEASED PARTY WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DATA WILL BE ACCURATE OR COMPLETE. YOU ACKNOWLEDGE THAT REAL-TIME MARKET DATA SYSTEMS ARE SUBJECT TO HUMAN AND MACHINE ERRORS, DELAYS, AND INTERRUPTIONS, AND THAT NO DATA PROVIDER MAKES ANY WARRANTY TO YOU.
14. Limitation of liability and release
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO RELEASED PARTY WILL BE LIABLE — UNDER ANY THEORY, WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE — FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY TRADING LOSSES, LOST PROFITS, LOST OPPORTUNITIES, LOST DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE, YOUR RELIANCE ON ANY DATA, OR ANY UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR DATA BEYOND OUR REASONABLE CONTROL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL AGGREGATE LIABILITY OF ALL RELEASED PARTIES TOGETHER, FOR ALL CLAIMS OF ANY KIND RELATING TO THE SERVICE, IS LIMITED TO THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF YOU ARE DISSATISFIED WITH THE SERVICE OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICE AND CANCEL YOUR SUBSCRIPTION.
Release. To the fullest extent permitted by law, you release the Released Parties from all claims, demands, and damages of every kind, known or unknown, arising out of or relating to: your trading or investment decisions and their results; any inaccuracy, delay, omission, or unavailability of data or of the Service; any third-party service or website; or any unauthorized access to your account obtained through your email account or devices. If you are a California resident, you waive California Civil Code §1542, which says: "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."
Your agreement is with purpl LLC. To the fullest extent permitted by law, you agree that no member, manager, officer, employee, contractor, or agent of purpl LLC has any personal liability to you under or in connection with these Terms or the Service.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law (for example, for fraud, or for gross negligence or willful misconduct where applicable law so provides). Some jurisdictions do not allow certain exclusions, limitations, or releases; in those jurisdictions, the above applies to the fullest extent permitted.
15. Indemnification
You agree to indemnify, defend, and hold harmless the Released Parties from any claims, damages, fines, fees, and expenses (including reasonable legal fees and any exchange or Data Provider fees or penalties) arising from your violation of these Terms, your breach of the representations in Section 4, your misuse of the Service or its data, your trading activity, or your violation of any law or third-party right. We may take over the defense of any matter subject to this indemnity at our option, and you agree to cooperate.
16. Suspension, termination, and forfeiture
We may suspend or terminate your access, with or without prior notice, if you breach these Terms (including account sharing, automated access, redistributing data, or misrepresenting your professional status), if your use creates legal, security, or operational risk for us or our Data Providers, or where required by law or by our Data Providers. We will tell you the reason when we can.
If we suspend or terminate your account for breach, you forfeit any fees prepaid for the remainder of your billing period, and no refund or credit is owed (Section 8). On termination your license ends, you must stop using the Service and any data obtained from it, and we may delete your saved configurations (see the Privacy Policy for retention).
Deleting your account. You may stop using the Service at any time and may delete your account yourself: in the app, open Account settings, choose Delete account, and type DELETE to confirm. Deletion takes effect immediately and cannot be undone; we erase your account data as described in the Privacy Policy and send you a confirmation email. If your subscription is set to renew, you must cancel it in the billing portal first (Section 7). A subscription already set to end at the period end, or a 30-day trial in progress, does not prevent deletion, but you forfeit any remaining paid time and no refund or credit is owed (Section 8). If your account is suspended you cannot sign in; to have it deleted, email support@subsecond.io from your account email and we will act without undue delay. Sections 2–4, 8–10, and 12–20 survive termination and deletion of your account.
17. Changes to these Terms
We may update these Terms from time to time. For material changes, we will give notice by email or in the Service at least 14 days before the changes take effect; non-material changes (such as clarifications or new features) take effect when posted. If you do not agree with a change, cancel before it takes effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms. The effective date at the top of this page always reflects the current version.
18. Governing law, informal resolution, and courts
These Terms are governed by the laws of the State of Wyoming, USA, and the Federal Arbitration Act, without regard to conflict-of-laws rules. Before filing any claim, you agree to send a written notice of the dispute to support@subsecond.io — including your name, account email, a description of the problem, and what you are asking for — and to attempt to resolve it informally with us for 30 days. Subject to Section 19, any dispute that cannot be resolved informally will be brought exclusively in the state or federal courts located in Wyoming, and you consent to their jurisdiction — except where the law of your country of residence grants you mandatory consumer protections or venue rights, which remain unaffected.
To the extent permitted by law, any claim relating to the Service must be filed within one year after it arises, or it is permanently barred.
19. Binding arbitration and class action waiver
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND PURPL LLC TO RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION INSTEAD OF IN COURT, AND IT WAIVES JURY TRIALS AND CLASS ACTIONS. YOU CAN OPT OUT WITHIN 30 DAYS (SEE 19.7).
19.1 Who it applies to. This section applies to you and to the Released Parties (who may enforce it) unless (a) you opt out under 19.7, or (b) you are a consumer in the EU, EEA, or UK, or in another jurisdiction whose mandatory law does not allow pre-dispute consumer arbitration — in which case Section 18 governs instead.
19.2 Informal resolution first. Before starting an arbitration or a small-claims case, the party with a claim must send the other a written Notice of Dispute (to us: support@subsecond.io; to you: your account email) stating the claimant's name, account email, a description of the dispute, and the relief requested, and the parties must try in good faith to resolve it for 30 days. Any limitations period is paused during those 30 days.
19.3 Agreement to arbitrate; delegation. Except as provided in 19.4, any dispute, claim, or controversy arising out of or relating to these Terms or the Service — including their existence, validity, breach, or termination, and including whether a claim must be arbitrated — will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect (available at adr.org), as modified by this section. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this section. The arbitrator, not a court, decides all questions of arbitrability, including the scope, enforceability, and interpretation of this section — except that only a court may decide whether the class-action waiver in 19.6 is enforceable.
19.4 Exceptions. Either party may (a) bring an individual claim in small-claims court if it qualifies there and stays there; and (b) ask a court for an injunction or other equitable relief to stop unauthorized use or abuse of the Service, or the actual or threatened infringement, misappropriation, or violation of intellectual property rights (including unauthorized redistribution of data). Those claims go to the courts named in Section 18.
19.5 How arbitration works. A single arbitrator decides the case. It will be conducted by video conference or on written submissions unless the arbitrator decides an in-person hearing is necessary, in which case it will be held in the county where you live (or another place we both agree on). Fees are set by the AAA Consumer Arbitration Rules and fee schedule, and we will pay the business-side fees those rules require. The arbitrator may award the same individual relief a court could, including attorney's fees where the law allows them, but may not award relief to or against anyone who is not a party to the arbitration. The arbitrator's award is final and binding, and judgment on it may be entered in any court of competent jurisdiction.
19.6 Class action and jury waiver. YOU AND PURPL LLC EACH AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF DIFFERENT PEOPLE OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING (OTHER THAN THE ADMINISTRATIVE BATCHING DESCRIBED IN 19.8). TO THE EXTENT ANY CLAIM PROCEEDS IN COURT, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. If a court or arbitrator decides that this 19.6 cannot be enforced as to a particular claim or request for relief (for example, a request for public injunctive relief), then that claim or request — and only that one — is severed and will be decided by the courts named in Section 18 after all arbitrable claims have been resolved; the rest of this section stays in force.
19.7 Opt-out. You may opt out of this Section 19 by emailing support@subsecond.io from your account email address, with the subject "Arbitration opt-out" and your name and account email, within 30 days after you first create an account (or, if you already had an account when this section was introduced, within 30 days after its effective date). Opting out does not affect any other part of these Terms or your account. If you opt out, Section 18 governs disputes.
19.8 Mass arbitration. If 25 or more demands for arbitration raising similar claims are filed against us by or with the help of the same or coordinated counsel (a "Mass Filing"), then: (a) the AAA will administer them under its Mass Arbitration Supplementary Rules (or any successor rules), as modified here; (b) the demands will be batched in groups of up to 50, each batch assigned to a single arbitrator, with filing and arbitrator fees payable per batch rather than per demand; (c) the first two batches will be selected one by claimants' counsel and one by us, and after they are decided the parties will meet and confer in good faith about resolving the remaining demands, with any remaining demands proceeding in further batches; (d) any limitations period is paused for demands awaiting a batch; and (e) if any part of this 19.8 is found unenforceable, the Mass Filing demands will proceed in the courts named in Section 18 rather than in arbitration.
19.9 Changes and survival. If we change this Section 19 after you accepted it, you may reject the change by emailing us within 30 days after notice, in which case the version you accepted continues to apply to you. This section survives termination of these Terms and of your account.
20. General
These Terms, together with the Privacy Policy, are the entire agreement between you and purpl LLC regarding the Service, and supersede all prior versions of these Terms and any prior communications about the Service. The Privacy Policy is incorporated into these Terms by reference. Some features may come with additional terms presented when you use them; if those additional terms conflict with these Terms, the additional terms control for that feature. If any provision is found unenforceable, the remaining provisions remain in effect, except as stated in Section 19.6. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets. Except for the Released Parties as stated in Sections 3, 13–15, and 19, there are no third-party beneficiaries of these Terms. Section headings are for convenience only.
We may provide notices, including notice of changes to these Terms, by email to the address on your account or within the Service; notice is deemed given when sent. Keeping your account email current is your responsibility. You agree to receive notices and records from us electronically. If you send us feedback or suggestions, we may use them without restriction or compensation.
21. Contact
purpl LLC (Wyoming, USA)
Email: support@subsecond.io