Terms of Use

Island (island.direct) · Effective October 3, 2026 · Last updated October 3, 2026

IMPORTANT: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT, A CLASS ACTION AND JURY TRIAL WAIVER, A LIMITATION OF LIABILITY AND A RELEASE. BY USING THE SERVICE YOU AGREE TO THEM.

1. Agreement to These Terms; Binding Contract

These Terms of Use (the "Terms") are a legally binding contract between you ("you" or "User") and Island Global Co, a Delaware company, together with its parents, subsidiaries, affiliates, members, managers, officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns (collectively, "Company," "we," "us" or "our"). They govern your access to and use of Island, including island.direct, every subdomain, every mobile or desktop application, every API, every email, text, voice or chat channel, and all content, features, tools and services we make available (together, the "Service").

BY ACCESSING, BROWSING, DOWNLOADING, REGISTERING FOR, PAYING FOR OR OTHERWISE USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE, YOU MUST IMMEDIATELY STOP USING THE SERVICE. THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE, A CLASS ACTION AND JURY TRIAL WAIVER, A RELEASE OF CLAIMS, AN INDEMNIFICATION OBLIGATION, DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ THE SECTIONS TITLED DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, INDEMNIFICATION, GENERAL RELEASE AND BINDING INDIVIDUAL ARBITRATION CAREFULLY.

Continued use of the Service after we post a change to these Terms is acceptance of the change. Your use of the Service is also governed by any additional terms posted for a particular feature, which are part of these Terms.

2. Eligibility

You must be at least 18 years old (or the age of majority where you live, if higher) and have the legal capacity to form a binding contract to use the Service. The Service is not directed to minors, and you may not use it if you are under 18. If you use the Service on behalf of a company or other entity, you represent that you have authority to bind that entity, and "you" includes the entity. You represent that you are not barred from using the Service under any law, are not on any government restricted-party list, and have not previously been suspended or removed from the Service.

3. Changes to the Service and to These Terms

We may modify, suspend, discontinue, rate-limit, reprice or remove any part of the Service, any feature, any content, or these Terms at any time, with or without notice, and without liability to you. Material changes to these Terms take effect when posted, or on the later date we state. Your continued use after the effective date is your acceptance. If you do not accept a change, your sole remedy is to stop using the Service.

4. Accounts, Security and Communications

Where an account is offered, you must provide accurate, current and complete information and keep it updated. You are solely responsible for all activity under your account and for keeping your credentials, devices, email inbox and phone secure. You must notify us immediately of any unauthorized use. We are not liable for any loss caused by unauthorized use of your account. We may suspend or delete any account at any time, for any reason or no reason, without notice or liability.

You consent to receive electronic communications from us (including email, in-app messages and, where you opt in, text messages) and agree that all agreements, notices, disclosures and other communications we send electronically satisfy any legal requirement that they be in writing. You agree to electronic signatures, which have the same force as handwritten ones.

5. Limited License; Restrictions

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your own personal, lawful, non-commercial use (or, if you are a business customer, your internal business use) . All rights not expressly granted are reserved. You will not, and will not permit anyone else to:

• copy, scrape, crawl, harvest, mine, index, cache, mirror, frame or systematically download the Service, its data or its content, by any automated or manual means, without our prior written permission;
• reverse engineer, decompile, disassemble, probe, scan or test the vulnerability of the Service, or circumvent any rate limit, paywall, access control, geoblock or technical protection;
• use the Service, its outputs or its data to build, train, fine-tune, benchmark or improve any competing product, dataset or machine-learning model;
• resell, sublicense, lease, white-label or commercially exploit the Service or its outputs except as expressly permitted in writing;
• interfere with or disrupt the Service, its servers or networks, including by introducing malware, bots, denial-of-service traffic or excessive load;
• remove, obscure or alter any proprietary notice, watermark, attribution or disclaimer;
• misrepresent your identity, impersonate any person, or use another person's account or payment method without authorization.

6. Acceptable Use

You will use the Service only for lawful purposes and in compliance with all applicable laws and regulations. You will not use the Service to: violate or infringe any person's rights, including intellectual property, privacy, publicity or contract rights; transmit anything unlawful, defamatory, harassing, threatening, hateful, obscene, fraudulent or deceptive; engage in unauthorized practice of any licensed profession; facilitate violence, self-harm, human trafficking, exploitation of minors, terrorism or weapons development; commit fraud, money laundering or sanctions evasion; send spam or unsolicited communications; or attempt to gain unauthorized access to any system or account. We may, but have no obligation to, monitor, investigate, remove content, report conduct to authorities and cooperate with law enforcement, and you waive any claim arising from our doing so.

7. Intellectual Property

The Service and all of its content, software, design, text, graphics, logos, trademarks, trade dress, data, compilations and underlying technology are owned by Island Global Co or its licensors and are protected by copyright, trademark, trade secret and other laws. Island and related names and logos are our trademarks; you receive no right to use them. Nothing in these Terms transfers any ownership interest to you. Any suggestion, idea, feedback or contribution you give us ("Feedback") is voluntary, non-confidential, and you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable, sublicensable license to use it for any purpose without credit or compensation.

8. Your Content and Inputs

"Your Content" means anything you submit, upload, post, type, dictate or transmit to or through the Service, including prompts, questions, files, photographs, messages and reviews. You retain whatever ownership you have in Your Content. You grant us and our service providers a worldwide, non-exclusive, perpetual (as to backups, logs and legal records), irrevocable, royalty-free, transferable, sublicensable license to host, store, reproduce, process, transmit, adapt, analyze, display and use Your Content as needed to operate, secure, improve, support and promote the Service and to comply with law.

You represent and warrant that you own or have all rights, consents and permissions needed to submit Your Content, that it does not violate any law or any third party's rights, and that it does not contain another person's confidential, privileged, health, financial, biometric or otherwise sensitive information unless you are legally entitled to share it. DO NOT SUBMIT SOCIAL SECURITY NUMBERS, FINANCIAL ACCOUNT NUMBERS, GOVERNMENT ID NUMBERS, PASSWORDS, PROTECTED HEALTH INFORMATION, PRIVILEGED ATTORNEY-CLIENT MATERIAL OR TRADE SECRETS. We have no duty to protect submissions as confidential or privileged, and nothing you submit creates a confidential, fiduciary, attorney-client, doctor-patient, advisory or other special relationship.

9. Copyright Complaints (DMCA)

We respect intellectual property rights and respond to notices of alleged copyright infringement that comply with 17 U.S.C. § 512. Send a written notice to info@island.contact with the subject line "DMCA Notice" that includes: your physical or electronic signature; identification of the copyrighted work; identification and location (URL) of the allegedly infringing material; your contact information; a statement that you have a good-faith belief the use is not authorized by the owner, its agent or the law; and a statement, under penalty of perjury, that the notice is accurate and you are authorized to act for the owner. We may remove material, terminate repeat infringers, and forward notices and counter-notices to the affected user. Knowingly misrepresenting infringement may make you liable for damages, including costs and attorneys' fees.

10. Artwork, Framed Canvas and Print-on-Demand

Framed canvas, prints and other artwork offered on the Service, including works from series presented on the Service such as Ikebana and Infrared, are produced to order by independent print-on-demand and framing partners. Each work is made only after you pay, cannot be cancelled once production begins, and is non-returnable except for transit damage, a manufacturing defect, a wrong item or missing parts reported under the claims procedure above within two working days of delivery with photographs of the item and packaging. Printed colors, tones, blacks, saturation, canvas texture, wrap, frame finish, scale, edge treatment and image crop vary by device and by production run, and a printed work will not exactly match any screen or sample; such variation is expected and is not a defect. You buy a physical copy only. You acquire no copyright, reproduction, licensing, publicity, trademark or other intellectual-property right in any artwork or image, and may not copy, scan, reprint, digitize, remix, resell, upload, use for AI training, or commercially exploit any artwork. All rights are reserved by the artist and the Company. Artwork is sold as decorative art and not as an investment; we make no representation about its present or future value, rarity, edition size or resale market, and any reference to scarcity, series or edition is descriptive only. Frame hanging hardware, wall type, weight and mounting are your responsibility, and you should use appropriate anchors rated for the weight.

11. Island Editions and Custom Commission Requests

Island Editions requests (including requests for made-to-order or custom-sized pieces, wall or surface treatments and other commissions) are requests for a quote, not orders. Any estimate shown by the Service is indicative only and is not an offer. A commission becomes binding only when we send a written quote and you approve it, and you are charged after you approve the quote. Because commissions are made to order to your specifications, once you approve a quote and production begins, the commission is non-cancellable and non-refundable except for defects reported under the claims procedure above. You are solely responsible for the accuracy of every measurement, dimension, wall condition, specification, color selection, ZIP code and description you supply; we may rely on them without verification, and errors in them are not defects. Lead times are estimates, not guarantees. We may decline, reprice or cancel any commission request before approval for any reason.

12. Sales Tax, Duties and Payment Processing

You are responsible for all applicable sales, use, value-added and similar taxes, which we may collect where required. Payments are processed by independent payment processors and your card or account details are handled under their terms and privacy policies; we do not store full card numbers. We may place a hold, require verification, delay shipment, or cancel an order if our fraud systems or processors flag it, and you authorize us to share order and payment data with processors and fraud-prevention services for that purpose. By placing an order, you represent that you are authorized to use the payment method and that all information you provide is true and complete.

13. Reviews, Messages and Order Communications

By placing an order or creating an account you consent to receive transactional emails and texts about your order, delivery, claims and account. Marketing messages are sent only if you opt in, and you may opt out at any time. Reviews, photos and other content you submit are subject to the content license above; we may edit, decline or remove them, and you may not post content that is false, defamatory, incentivized without disclosure or posted on behalf of a competitor.

14. Third-Party Links, Services and Content

The Service may link to, embed, display or depend on websites, products, content, advertisements, tools and services owned or operated by third parties (including payment processors, cloud hosts, AI providers, maps, data vendors and merchants). We do not control, endorse, verify or accept responsibility for any third party or its content, accuracy, availability, privacy practices, security, products, prices or conduct. Any dealing with a third party is solely between you and that third party and governed by its terms. A link is not an endorsement. We are not a party to, and are not liable for, any transaction between you and any third party.

15. Not Financial, Investment, Tax or Banking Advice

Nothing on the Service is financial, investment, tax, accounting, insurance, credit or banking advice, or an offer, solicitation or recommendation to buy or sell any security, commodity, currency, digital asset or financial product. Island Global Co is not a bank, broker-dealer, investment adviser, money transmitter (except as expressly stated in a written agreement), lender, insurer or fiduciary. Past performance and illustrative figures do not predict results. All financial activity carries risk of total loss. You are solely responsible for your financial decisions, tax reporting, and compliance with law, and should consult a licensed professional.

16. Fees, Payments, Wire Transfers and Refunds

Prices are in U.S. dollars unless stated, exclude taxes (which you will pay), and may change at any time before purchase. We may correct pricing, description or availability errors at any time, including after an order, and cancel affected orders. You authorize us and our payment providers to charge your chosen payment method for all amounts due. You agree not to initiate chargebacks or payment disputes without first giving us written notice and 30 days to resolve the issue; a chargeback in violation of this Section is a material breach, and you will reimburse our chargeback fees, reasonable collection costs and attorneys' fees, and we may suspend your account and report the matter as permitted by law.

Wire transfers and other push payments are final and irrevocable once sent; you are solely responsible for verifying instructions through an independent trusted channel before sending funds, and we will never ask you to change payment instructions by email alone. Except where a written agreement or applicable law requires otherwise, all fees are non-refundable, including for digital goods, AI-generated deliverables and services already begun or delivered. Where a subscription applies, it renews automatically at the then-current rate until you cancel before the renewal date through your account or by emailing us; cancellation takes effect at the end of the current billing period; no partial-period refunds. We may suspend service for non-payment and charge interest on overdue amounts at the lesser of 1.5% per month or the maximum lawful rate.

17. Orders, Shipping, Delivery, Claims and Returns

Order acceptance. Every order is an offer by you to buy. It is accepted only when we send an order confirmation email and, for items shipped separately, when we dispatch them. We may refuse, limit, hold or cancel any order or any part of an order for any reason, including suspected fraud, stock or supplier unavailability, pricing or description errors, or an address we cannot serve, and we will refund any amount charged for a cancelled order. Prices are in U.S. dollars unless stated. We may correct pricing, description, availability and quantity errors at any time, including after you place an order, and you will not be entitled to buy at an erroneous price.

Independent supplier fulfillment. Island is independently operated. Most furniture and décor sold on the Service is made by, bought from, stocked by and shipped directly from independent workshops, manufacturers and dropship suppliers (such as Artisan Furniture and similar suppliers), and printed or framed artwork is made to order by independent print-on-demand fulfillment partners (such as Prodigi). Those suppliers and carriers are independent contractors, not our agents or employees, and may change without notice. We do not manufacture most goods ourselves, we do not inspect each unit before it ships, and we are not responsible for the acts, omissions, delays, errors or insolvency of any supplier, manufacturer, freight carrier or fulfillment partner, except to the extent the law cannot permit that limit. Product information, dimensions, weights, materials, finishes, colors, lead times and images are supplied by those third parties, are approximate, and may be updated or may contain errors.

Delivery area and timing. Delivery is available only to the 48 contiguous United States. We do not ship to Alaska, Hawaii, U.S. territories, P.O. boxes, freight forwarders or internationally, and we may cancel any order placed for an address outside the delivery area. All delivery windows and dates are estimates, not guarantees or promises, and time is not of the essence. We are not liable for delay, whether caused by weather, carriers, suppliers, customs, strikes, shortages or other causes, and delay is not grounds to cancel, refuse delivery or seek compensation, except that you may cancel an order that has not been dispatched. Large furniture ships by freight. You must provide a complete, accurate and deliverable address, a working phone number and email, and you must be available to receive, inspect and accept delivery. Missed deliveries, refused deliveries, incorrect addresses and access problems may result in redelivery fees, storage charges, return-to-sender costs and loss of the shipment, and any such amounts will be your responsibility and may be deducted from any refund. Delivery is to the first threshold, kerb or dock unless the checkout states a different service; you are responsible for moving the goods inside and for confirming that the goods will fit through doors, stairwells, elevators and into the intended space.

Risk of loss and title. Title and risk of loss pass to you on delivery to the address you provided, as shown by carrier records. Once the carrier records delivery to your address (including to a person at the address, a safe location or a concierge or neighbor), we are not responsible for loss, theft or damage after delivery.

Inspect immediately; two working days to claim. Inspect every delivery before the carrier leaves where possible and note visible damage on the delivery receipt. You must report transit damage, a manufacturing defect, a wrong item or missing parts through our claims page within TWO (2) WORKING DAYS after delivery, and include your order number, photographs of the problem and photographs of the packaging the item arrived in. Claims reported after that period, or without photographs of both the item and its packaging, cannot be processed, are waived, and are not eligible for any remedy, to the maximum extent permitted by law. Keep the item and all packaging at the delivery address until your claim is resolved, because collections can only be made from that address. Do not use, assemble, modify, repair, discard or dispose of an item that is the subject of a claim; doing so voids the claim. We aim to respond within two to five business days, but that is a goal, not a commitment.

Remedies. If we approve a claim, we will, in our discretion and depending on the issue, replace or repair the item, issue a full or partial refund, or issue store credit, with free collection where collection is required. Refunds are issued to the original payment method, normally within 14 business days of approval. THIS SECTION STATES YOUR EXCLUSIVE REMEDY FOR DAMAGED, DEFECTIVE, WRONG OR MISSING GOODS, to the maximum extent permitted by law, and our total liability in connection with any product will not exceed the amount you paid for that product. We are not liable for removal, installation, assembly, labor, storage, redecoration, loss of use, incidental or consequential costs.

No change-of-mind returns. Because pieces ship directly from independent workshops and suppliers or are made to order, we do not accept change-of-mind returns. Returns for color, size, fit, style, shade, mood, regret, or because an item does not suit the room, are not accepted. Check dimensions, materials, colors and finishes before ordering and contact us before you buy if you are unsure.

Natural variation. Pieces made from solid wood, rattan, stone, leather, metal, glass and other natural or handcrafted materials will vary in grain, knots, figure, tone, texture, veining, patina, seams and finish. Variations between product photography or samples and the delivered goods, between pieces in a set, and between a screen and the real item are normal characteristics, not defects, and are not grounds for a claim, refund, replacement or chargeback. Wood and other materials move with temperature and humidity; this is not a defect.

Cancellations and changes. You may ask us to change or cancel an order by email as soon as possible. An order can be cancelled for a full refund only if it has not been dispatched or placed into production with a supplier or print partner. Once dispatched or in production, cancellation is not available, and made-to-order, personalized, custom-sized and printed items cannot be cancelled once production begins.

Assembly, use, safety and care. You are responsible for reading and following all assembly, anchoring, load, care and safety instructions that accompany the goods, for using licensed professionals for installation, electrical, mounting or structural work, and for compliance with building, fire and other codes, lease and association rules. Tall or heavy furniture can tip over and cause serious injury or death, especially to children. Anchor all dressers, shelving, cabinets, tall mirrors and similar goods to the wall using appropriate hardware for your wall type, and do not allow children to climb on furniture. Products are provided AS IS apart from any written warranty, and are not intended for commercial, contract, outdoor (unless sold as outdoor), or high-use institutional settings. Some goods may contain materials or chemicals known to the State of California to cause cancer, birth defects or reproductive harm; see www.P65Warnings.ca.gov.

Precedence. For physical goods, this Section and the Shipping & Returns page control over any more general statement about fees, refunds, returns or risk elsewhere in these Terms, except that all limitations of liability, the arbitration agreement, the class action waiver and the other dispute provisions continue to apply to every claim.

18. Affiliate Relationships and Advertising Disclosure

In accordance with the U.S. Federal Trade Commission's Endorsement Guides: the Service contains affiliate links, referral links, sponsored placements and advertising. If you click a link or make a purchase, we may earn a commission or fee at no additional cost to you. Compensation may influence which products, merchants, listings or offers appear and how they are ranked, but we do not guarantee any ranking is objective, complete or best for you. We do not sell, ship, service, warranty or control the third-party products, vehicles, offers or services we link to, and we do not guarantee price, availability, terms, quality or fitness. Prices and offers shown may be out of date; verify everything with the merchant before buying. Amazon and other trademarks belong to their owners. As an Amazon Associate we earn from qualifying purchases, where applicable.

19. No Professional Advice; Informational Purposes Only

All content, tools and communications on the Service are provided for general informational purposes only. They are not, and are not a substitute for, professional advice of any kind (legal, medical, financial, tax, engineering, architectural, safety, insurance, real estate or otherwise). We make no representation about suitability for your circumstances. You are solely responsible for your decisions and for obtaining advice from a qualified, licensed professional who knows your facts.

20. Assumption of Risk; No Reliance; Independent Judgment

YOU EXPRESSLY ASSUME ALL RISK ARISING FROM YOUR ACCESS TO AND USE OF THE SERVICE AND ANY INFORMATION, OUTPUT, PRODUCT OR THIRD-PARTY SERVICE OBTAINED THROUGH IT. You acknowledge that you have not relied on any statement, promise, projection, testimonial, example, marketing claim or representation not expressly set out in these Terms, and that any testimonials or examples reflect individual experiences that are not typical or guaranteed. You agree that no oral or written statement by any person (including our personnel or automated agents) creates any warranty or modifies these Terms.

21. DISCLAIMER OF WARRANTIES

THE SERVICE AND ALL CONTENT, OUTPUT AND MATERIALS ARE PROVIDED "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS," WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE OF VIRUSES OR HARMFUL COMPONENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY CONTENT, DATA OR OUTPUT IS ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION OBTAINED FROM US CREATES ANY WARRANTY NOT EXPRESSLY STATED HERE.

22. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, USE, OPPORTUNITY OR ANTICIPATED SAVINGS, COST OF SUBSTITUTE GOODS OR SERVICES, PERSONAL INJURY OR PROPERTY DAMAGE, OR EMOTIONAL DISTRESS, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, UNDER ANY THEORY (CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF COMPANY AND ALL RELEASED PARTIES FOR ALL CLAIMS RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID TO COMPANY FOR THE SERVICE IN THE THREE (3) MONTHS BEFORE THE EVENT FIRST GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN, APPLY TO ALL CLAIMS IN THE AGGREGATE (NOT PER CLAIM), AND REFLECT A REASONABLE ALLOCATION OF RISK REFLECTED IN OUR PRICING. Some jurisdictions do not allow certain exclusions or limitations; in those jurisdictions our liability is limited to the fullest extent permitted by law.

23. Indemnification

You will defend, indemnify and hold harmless Company and its affiliates, officers, directors, members, managers, employees, contractors, agents, licensors, suppliers, successors and assigns (the "Released Parties") from and against any and all claims, demands, actions, proceedings, investigations, liabilities, damages, judgments, settlements, fines, penalties, losses, costs and expenses (including reasonable attorneys', experts' and e-discovery fees) arising out of or related to: (a) your access to or use of the Service; (b) Your Content; (c) your breach of these Terms or any law; (d) your violation of any third party's rights; (e) any decision you make or action you take or fail to take based on the Service or AI Output; (f) any dispute between you and a third party, including any person you share output with; or (g) your gross negligence or willful misconduct. We may assume exclusive control of the defense of any matter, and you will cooperate and may not settle any claim affecting us without our prior written consent. This obligation survives termination.

24. General Release

To the fullest extent permitted by law, you release and forever discharge the Released Parties from all claims, demands, damages and causes of action of every kind, known and unknown, suspected and unsuspected, arising from or related to your use of the Service, any third-party content, products or services, or the conduct of other users or third parties. 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." You waive any similar law of any other jurisdiction.

25. Pre-Dispute Notice and 60-Day Informal Resolution (Required First Step)

Before filing any claim, demand for arbitration or lawsuit, you must first send a written notice of dispute to info@island.contact (subject line "Notice of Dispute") that states your name, account email, a detailed description of the claim and facts, the specific relief you seek and how you calculated it, and that you personally signed it. You and we will then negotiate in good faith for at least sixty (60) days. No claim may be filed until this process is completed. A court or arbitrator will dismiss or stay any claim filed in violation of this Section, and limitation periods are tolled during the 60 days only for claimants who strictly complied. Lawyers who send notices for many users must send a separate, individually signed notice for each.

26. BINDING INDIVIDUAL ARBITRATION; CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO SUE IN COURT.

Scope. Except for the exclusions below, you and Company agree that every dispute, claim or controversy of any kind arising out of or relating to these Terms, the Service, any content or output, our advertising, your relationship with us, or the breach, termination, enforcement, interpretation or validity of these Terms (including whether a dispute is arbitrable, and including claims that arose before you accepted these Terms) ("Dispute") will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (or Commercial Arbitration Rules if you are a business), as modified by this Section, rather than in court. The Federal Arbitration Act governs this Section. Hearings, if any, will be conducted by video conference or by written submissions unless the arbitrator finds an in-person hearing necessary, in which case it will take place in the county of your residence (or Delaware for a business). The arbitrator may award the same individual relief a court could, but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

Delegation. The arbitrator, and not any court, has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, scope or formation of this Section, except that a court decides disputes about the Class Action Waiver below.

CLASS ACTION WAIVER. YOU AND COMPANY EACH WAIVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION. DISPUTES WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims, and may not preside over any form of class or representative proceeding. If this waiver is found unenforceable as to any claim or relief, that claim or relief (and only that) will be severed and litigated in the courts identified below, and stayed until the arbitration of all remaining claims concludes.

Mass Filings. If 25 or more similar demands are filed by or with the coordination of the same or affiliated counsel or organizations, they will be arbitrated in staged batches of no more than 10 cases at a time (chosen 5 by each side), with the remainder stayed and limitation periods tolled for the remainder, and the parties will request a single AAA case manager and a procedure to implement this rule. A court may enforce this paragraph by injunction.

Exclusions. This Section does not apply to (a) individual claims that qualify for small-claims court and are brought and remain there in an individual capacity; (b) Company's claims for injunctive or equitable relief to protect its intellectual property, confidential information or the security of the Service, which may be brought in the courts identified below; or (c) claims that by law cannot be subject to pre-dispute arbitration.

Costs. AAA fees are allocated by the AAA Consumer Rules, except that if the arbitrator finds your claim frivolous or brought for an improper purpose, you will bear the costs and fees as the arbitrator determines to the extent permitted by law. Each side bears its own attorneys' fees unless applicable law or this agreement says otherwise.

30-Day Opt-Out. You may opt out of arbitration and the class waiver (but not the other Sections) by emailing us within thirty (30) days after you first accept these Terms, stating your name, account email and that you opt out of arbitration. If you do not opt out in time, you are bound. Opting out does not affect any other provision.

Confidentiality. To the extent permitted by law, the existence, content and result of any arbitration are confidential, except as necessary to enforce an award.

Survival; Severability. This Section survives termination of these Terms and your use of the Service. If any part of this Section other than the Class Action Waiver is unenforceable, that part is severed and the rest remains in force.

27. Expedited Resolution; Early Dismissal; Limits on Discovery and Costs

The parties intend any Dispute to be resolved quickly and inexpensively. To the fullest extent permitted by law and by the arbitration rules that apply: (a) a single arbitrator will hear the Dispute; (b) the arbitrator will decide the Dispute on written submissions and documents unless a hearing is necessary, and any hearing will be limited to one day by video; (c) discovery is limited to an exchange of the documents each party relies on and, for good cause only, one deposition per side of no more than three hours; (d) no party may take depositions of Company's officers or employees except as the arbitrator finds essential; (e) either party may file an early motion to dismiss or for summary disposition, which the arbitrator must decide within 45 days of filing; and (f) the arbitrator will issue a reasoned written award within 120 days after being appointed, absent agreement or a showing of extraordinary circumstances.

Settlement Offers. At any time more than 10 days before a hearing or decision, Company may serve a written offer to resolve the Dispute for a stated sum or other relief. If you reject the offer and the final award is not more favorable to you than the offer, then to the fullest extent permitted by law you will pay the reasonable costs and attorneys' fees Company incurred after the offer was made, and Company will not owe you any fees or costs incurred after that date. Company will pay a consumer's AAA filing and arbitrator fees where the AAA Consumer Rules or applicable law require it.

Frivolous Claims. By submitting a Dispute you certify that it is warranted by existing law, is not brought for an improper purpose, and has evidentiary support. If an arbitrator or court finds otherwise, it may award the other party its reasonable fees and costs and may dismiss the Dispute with prejudice. No award of punitive, exemplary, multiple, or consequential damages may be made against any Released Party to the fullest extent permitted by law.

28. Waiver of Jury Trial; Venue; Governing Law

TO THE FULLEST EXTENT PERMITTED BY LAW, FOR ANY DISPUTE THAT IS NOT ARBITRATED, YOU AND COMPANY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY. For any such Dispute, you irrevocably submit to the exclusive jurisdiction and venue of the state and federal courts located in Delaware, waive any objection based on inconvenient forum, and consent to personal jurisdiction there. These Terms and all Disputes are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles, and (where applicable) the Federal Arbitration Act. The U.N. Convention on Contracts for the International Sale of Goods and UCITA do not apply. If you are a consumer in a jurisdiction whose mandatory law gives you rights that cannot be waived, those rights are not affected.

29. Shortened Limitation Period

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER IT ACCRUES (AFTER COMPLIANCE WITH THE 60-DAY NOTICE STEP). OTHERWISE IT IS PERMANENTLY BARRED.

30. Equitable Relief; Remedies

You acknowledge that a breach of Sections on licensing, intellectual property or acceptable use would cause us irreparable harm for which damages are inadequate, and we may seek injunctive relief and specific performance without posting bond, in addition to all other remedies. Our remedies are cumulative. Your sole and exclusive remedy for dissatisfaction with the Service is to stop using it.

31. Termination; Suspension

We may suspend, restrict or terminate your access at any time, immediately, with or without cause or notice, and without liability. You may stop using the Service at any time. On termination, all licenses to you end. Sections that by nature should survive will survive, including those on ownership, Your Content licenses, disclaimers, limitation of liability, indemnification, release, dispute resolution, limitation period and general provisions. We are not obligated to retain or return your data.

32. Force Majeure

We are not liable for any failure or delay caused by events beyond our reasonable control, including acts of God, epidemics, war, terrorism, civil unrest, strikes, government action, utility, internet, cloud-provider or telecommunications failures, cyberattacks, supplier or third-party model outages, or changes in law.

33. Export, Sanctions and Compliance

You may not use or export the Service in violation of U.S. or other applicable export-control or sanctions laws. You represent that you are not located in, or a national or resident of, any embargoed jurisdiction and are not on any U.S. government restricted list.

34. Privacy; Data

Our Privacy Policy at https://island.direct/privacy explains how we collect and use personal information and is part of these Terms. We do not guarantee any data security measure is impenetrable; you transmit data at your own risk.

35. General Provisions

These Terms (with the Privacy Policy and any posted supplemental terms or signed written agreement) are the entire agreement between you and Company on their subject and supersede all prior understandings. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permissible and the rest remains in effect; if reformation is impossible it is severed. Our failure to enforce a right is not a waiver. You may not assign or delegate these Terms without our written consent; we may assign them freely, including in a merger, acquisition or sale of assets. There are no third-party beneficiaries except the Released Parties and as stated for app Stores. Nothing creates a partnership, joint venture, agency, fiduciary or employment relationship. Headings are for convenience; "including" means "including without limitation"; these Terms will not be construed against the drafter. Notices to us must be sent to the email below; we may notify you by email, in-app, or by posting. We are not required to retain records of your use and our records are conclusive absent manifest error. Translations are for convenience; the English version controls.

36. Accessibility

We want the Service to be usable by everyone, including people with disabilities, and we work to improve its accessibility, including toward the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. Accessibility is an ongoing effort and some content, third-party material or older pages may not yet fully conform. If you have difficulty using any part of the Service, email info@island.contact with the subject line "Accessibility", the page address and a description of the problem, and we will respond promptly and work in good faith to provide the information or service you need by another reasonable means. Accessibility feedback is welcome and is handled under the Pre-Dispute Notice and dispute resolution Sections of these Terms.

37. Notices for Certain Users

California users: under California Civil Code § 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210. Our contact for complaints is info@island.contact. Users outside the United States are responsible for compliance with local law; nothing in these Terms limits any mandatory consumer right that cannot lawfully be waived, and in that event the limitation, release and arbitration provisions apply to the maximum extent the law allows. Apple, Google and other app stores are not parties to these Terms except as stated in the mobile application Section.

38. Contact

Island Global Co, a Delaware company. Questions or notices: info@island.contact.