Terms of Service

Last updated: January 1, 2025

Welcome to Reality Radar! These Terms of Service, including Reality Radar’s Privacy Policy and any other accompanying documentation (collectively, the “Terms”) govern your access to and use of Reality Radar’s website, application, and services (collectively, the “Services”). By accessing or using the Services, you agree to these Terms. As used in these Terms, “you” or “your” refers to any entity, university, organization, or company (“Entity”) that accesses or uses the Services, as well as any individual end user who accesses and uses the Services, as applicable, and agrees to these Terms. References to “we,” “our,” or “us” refer to Reality Radar, Reality Radar, provided and run by AI Unlimited Ltd, 20 Wenlock Road, London, England, N1 7GU, registration number: 16117516.

PLEASE READ THESE TERMS CAREFULLY. THERE TERMS ARE A LEGALLY BINDING CONTRACT BETWEEN YOU AND US REGARDING YOUR USE OF THE SERVICES.

BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, AS A CONDITION OF YOUR USE OF THE SERVICES. IF YOU DO NOT MEET THE ELIGIBILITY CRITERIA OR DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES. YOUR USE OF THE SERVICES, AND OUR PROVISION OF THE SERVICES TO YOU, CONSTITUTES MUTUAL AGREEMENT TO THESE TERMS.

Except for certain types of disputes described in Section 15, you agree that any disputes arising under these Terms will be resolved through binding, individual arbitration. BY ACCEPTING THESE TERMS, YOU AND WE WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. THIS MEANS YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this agreement (except for matters that may be brought in small claims court). Your rights will instead be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury (see Section 15 for details).

  1. Description of Services

    We provide tools to record, transcribe, and analyze meeting audio through AI-powered features. These include real-time notifications, keyword and speaker detection, summaries, and transcriptions.

  2. Eligibility

    You must be of legal age to use the Services, as defined by the laws of your jurisdiction. By agreeing to these Terms, you represent and warrant that: (a) you have reached the legal age of majority in your jurisdiction; (b) you have not been previously suspended or removed from the Services; and (c) your registration and use of the Services comply with all applicable laws and regulations. If you are an Entity, the individual accepting these Terms on your behalf represents and warrants that they are authorized to bind the Entity to these Terms, and the Entity agrees to be bound by them.

  3. Your Account

    1. Account Registration. To access the Services, you must register for an account. When you register for an account, you may be required to provide us with your email address, payment information for subscription processing through Stripe, or other contact information.

    2. Authorized User Designation for Entities. If you wish to designate individual users to access and use the Services under your account if you are an Entity (such users, “Authorized Users”), you may also be required to provide us with some information about such Authorized Users.

    3. Account Information Accuracy and Security Responsibilities. You agree to provide accurate and up-to-date information at all times and confirm that you have all necessary rights and approvals to share such information with us. When registering, you will be required to create a password. You are responsible for maintaining the confidentiality of your account credentials and accept responsibility for all activities conducted under your account. If you believe your account is no longer secure, you must promptly notify us at [email protected].

  4. Authorized Users

    1. Access Provided by an Entity. If your access to the Services is provided by an Entity, your use of the Services is subject to the agreement between us and your Entity. You acknowledge and agree that (i) your Entity has the right to terminate or modify your access to the Services at any time and (ii) we are not liable to you for any removal or termination of access provided by your Entity.

    2. Entity Responsibilities for Authorized Users. As an Entity, you are responsible for (i) identifying and authenticating all individuals who will act as your Authorized Users; (ii) approving and managing access by your Authorized Users to the Services, including setting appropriate access controls for your account; (iii) preventing unauthorized access or use by your Authorized Users; and (iv) all activities conducted under your Authorized Users’ usernames, passwords, or accounts resulting from their access to or use of the Services..

    3. Accounts Associated with Entity-Owned Email Addresses. If your account is associated with an email address owned by an Entity, you acknowledge and agree that (i) we may identify your account as belonging to the Entity; (ii) your account may be migrated to the Entity’s account or access may be restricted or terminated; and (iii) we are not liable to you for any such actions related to your account.

    4. Authorized User Obligations and Entity Control. As an Authorized User, you agree to (i) comply with your Entity’s policies and terms of use and (ii) acknowledge that your Entity has administrative control over the account, including the ability to prevent you from disassociating your account from the Entity, restrict or terminate your access to the account, or access, disclose, restrict, or remove data stored in your account, including data predating your association with the Entity.

  5. Payment

    1. Subscription-Based Services. We offer a subscription-based service (“Subscription”) that includes recurring payments for periodic charges. By activating a Subscription, you authorize us and Stripe to charge your payment method on a recurring basis until you cancel your subscription.

  6. Free Trial. To begin using the Services, you will need to select a Subscription plan and provide your payment details. Once you select a Subscription plan, you will be eligible for a free trial period to explore the Services at no cost for a limited time (the “Free Trial”). During the Free Trial, you will not be charged for accessing the Services. If you decide to cancel your subscription within the Free Trial period, you will not be billed. If you do not cancel your subscription by the end of the Free Trial, your subscription will automatically continue, and you will be billed according to the plan you selected. We reserve the right to determine your eligibility for a Free Trial and may modify or terminate the Free Trial at any time without notice.

    1. Subscription Billing and Renewal. The billing date for your subscription (“Subscription Billing Date”) is the date you purchase your first subscription. Your account will automatically be charged on the Subscription Billing Date for the next subscription period, which may be monthly or annually based on your selection (the “Initial Subscription Period”). Subscriptions will automatically renew for additional periods equal to the Initial Subscription Period unless canceled as described below.

    2. Modifying or Canceling a Subscription. You may modify or cancel your Subscription at any time through your Stripe account.If you choose to cancel your Subscription, no pro-rata refunds will be provided for any unused portion of the Subscription period.

    3. Entity Pricing. For entity pricing, please reach out to [email protected].

    4. Subscription Renewal and Cancellation. To avoid being charged for the next subscription period, you must cancel your subscription before the renewal date. We will bill the recurring subscription fee to the payment method you provided during registration (or to a different payment method if updated).

    5. Payment Authorization and Processing. By providing your payment details, you authorize us and its third-party payment processor, Stripe, to charge all fees associated with your use of the Services to your specified payment method. Stripe may seek pre-authorization of your credit card or other payment methods to ensure validity and sufficient funds. For invoiced payments (if applicable), payments must be settled within 30 days of issuance unless otherwise agreed in writing.

    6. Suspension or Termination for Non-Payment. We reserve the right to determine and modify pricing for the Service. We strive to keep pricing information on our website up to date, and we encourage you to check periodically for current rates. We may change the fees for any feature of the Service, including additional fees or charges, by providing advance notice of such changes. If you are on a Subscription plan and do not agree with the change in price, you may choose not to renew your Subscription for the subsequent billing period. Continuing to use the Service after the notice period constitutes your agreement to the revised fees. Promotional offers with different features or pricing may be made available to certain customers, and unless explicitly offered to you, these offers will not apply to your use of the Service.

    7. Non-Payment Consequences and Additional Fees. We reserve the right to suspend or terminate access to the Services for any account with unpaid fees. If your access to the Services is provided through an Entity and that Entity fails to pay the applicable fees, your access may also be suspended or terminated. In the event of non-payment, your account may be subject to additional fees, such as collection costs or charges related to chargebacks. We may also recover any unpaid amounts through lawful collection processes.

  7. Licenses and Usage Rights

    1. Ownership of the Services and Materials. The Services are owned and operated by us. The visual interfaces, graphics, design, compilation, information, data, computer code (including source and object code), products, software, services, and all other elements of the Services (collectively, the “Reality Radar Materials”) provided by us are protected by intellectual property and other applicable laws.

    2. Rights Reserved by Reality Radar. All Reality Radar Materials included in the Services are the property of us or its third-party licensors. We reserve all rights to the Materials not expressly granted in these Terms.

    3. Limited License to Use the Services. Subject to your complete and ongoing compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (i) install and use one object code copy of any desktop application associated with the Services on a laptop device that you own or control; and (ii) access and use the Services solely for your personal, non-commercial use or, if applicable, as authorized by your Entity.

    4. Prohibited Uses of the Services. Except as explicitly permitted by these Terms or to the extent any restriction is impermissible under applicable law, you may not (i) reproduce, distribute, publicly display, or publicly perform the Services; (ii) make modifications, derivative works, or reverse engineer the Services; (iii) interfere with or circumvent any feature of the Service, including security or access control mechanisms; (iv) access or use the Services in violation of any usage restrictions or limitations associated with the level of Services you or your Entity have purchased or subscribed to; or (v) use the Services in any manner prohibited by applicable law.

    5. Feedback and Suggestions. If you choose to provide input, suggestions, or feedback regarding issues with or potential improvements to the Services (“Feedback”), you hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use and exploit the Feedback in any manner and for any purpose. This includes incorporating Feedback into improvements to the Services or creating new products and services.

    6. Government Use of the Services. We provide the Services, including any related software, data, and technology, for ultimate government end use under a standard commercial license. Government technical data and software rights related to the Services are limited to those rights customarily provided to the public under these Terms. If a government agency requires additional rights beyond those outlined in these Terms, such rights must be negotiated directly with us and documented in a mutually agreed written addendum as part of the applicable agreement.

  8. Third-Party Services

    1. Third-Party Integration Tools. We may provide tools through the Services that enable you to export information to third-party services. These tools may include features that allow you to link your Reality Radar account with a third-party service account or utilize third-party buttons. By using these tools, you acknowledge and agree that we may transfer the relevant information to the applicable third-party service. Third-party services are not under our control, and, to the fullest extent permitted by law, we are not responsible for how any third-party service uses your exported information. Additionally, the Services may include links to third-party websites. Linked websites are not under our control, and we are not responsible for their content.

    2. Use of Open-Source Software. We use open-source software and components that are licensed under the terms of their respective licenses. Below is a list of the primary open-source software and components utilized, along with their associated licenses: META LLAMA 3.2, NVIDIA NeMo, and OpenAI (Apache 2.0 and MIT license).

  9. User Content

    1. User Content Upload. Certain features of the Services allow users to upload content directly to the Services, including but not limited to voice recordings, audio files, text, and other materials (“User Content”). You retain all copyright and proprietary rights in your User Content. By uploading User Content to the Services, you represent that you have all necessary rights and permissions to upload and process that content using the Services.

    2. Responsibility for Notice and Consent. The Services includes features that allow you to upload pre-recorded conversations for transcription, summaries, and other processing. Laws regarding notice and consent for recordings vary by jurisdiction. You acknowledge and agree that it is your sole responsibility to provide any required notice to, and obtain any necessary consent from, individuals as required under applicable law before recording or uploading conversations to the Services.

      We provide tools, such as consent notices or consent guides, to assist users in understanding and meeting their legal obligations. These tools are informational only and do not constitute legal advice. YOU ACKNOWLEDGE AND AGREE THAT YOU BEAR SOLE RESPONSIBILITY FOR (I) PROVIDING ANY REQUIRED NOTICE TO PARTICIPANTS BEFORE MAKING RECORDINGS; (II) OBTAINING ANY NECESSARY CONSENT UNDER APPLICABLE LAWS BEFORE RECORDING OR UPLOADING CONVERSATIONS TO THE SERVICES; AND (III) ENSURING THAT YOUR USE OF THE SERVICES DOES NOT VIOLATE ANY FEDERAL, STATE, OR LOCAL LAWS, OR ANY INTERNATIONAL REGULATIONS.

    3. Ownership of User Content. You retain all ownership rights to your User Content. By using the Service, you grant us a worldwide, non-exclusive, royalty-free, fully paid right and license to host, store, process, display, reproduce, and transform your User Content as necessary to provide the Services to you. We process User Content solely under your control and do not retain copies of permanently deleted files.

    4. License Granted to Other Users. By uploading User Content and sharing it with other users of the Services, you grant those users a non-exclusive license to access, use, and process that User Content in accordance with these Terms and the functionality of the Services. To the fullest extent permitted by law, we are not responsible for unauthorized access to or use of User Content or processed results by other users or third parties.

    5. Responsibility for User Content. You are solely responsible for your User Content and any consequences arising from its use or distribution via the Service. By uploading User Content, you represent and warrant that (i) you are the creator and owner of the User Content, or you have the necessary licenses, rights, consents, and permissions to authorize us and other users to use and distribute your User Content as described in these Terms; (ii) your User Content is not objectionable, harassing, indecent, or otherwise inappropriate; and (iii) your User Content and its use as contemplated by these Terms will not (a) infringe, violate, or misappropriate any third-party rights, including intellectual property, privacy, or publicity rights; (b) Slander, defame, or invade the privacy or publicity rights of any person; or (c) cause us to violate any applicable laws or regulations

    6. Service Enhancements and Analytics. We may collect and analyze non-identifiable data, such as system usage and performance statistics, to enhance the Services (“Services Enhancement”). Nothing in these Terms grants you ownership of the analytics, models, or algorithms derived from Services Enhancement. We retain all rights to its Services Enhancement technology and associated improvements.

    7. Security of User Content. All audio recordings and associated data are processed on the user’s device, with certain features processed on secure servers of third-party providers, such as OpenAI. Data protection agreements have been signed with these providers to safeguard your information. Email addresses and subscription details are stored on our secure servers. We implement commercially reasonable security measures designed to safeguard User Content in its possession or control from unauthorized or unlawful access, use, alteration, or disclosure.

  10. Prohibited Conduct
    BY USING THE SERVICES, YOU AGREE NOT TO:

    1. using the Services for any unlawful purpose or in violation of local, state, national, or international laws;

    2. utilizing the Services or its features for the direct or indirect benefit of any third party;

    3. using the Services for commercial purposes, including paid transcription workflows or as part of a commercial product or service;

    4. harassing, threatening, demeaning, or harming other users of the Services;

    5. violating or encouraging others to violate any third-party rights, including intellectual property or proprietary rights;

    6. interfering with the Services’ security features by (1) disabling or bypassing measures that prevent unauthorized copying or use of content; or (2) reverse engineering or attempting to discover the Services’ source code, except where permitted by law;

    7. disrupting the operation of the Services or another user’s experience by (1) uploading or distributing malware, viruses, or other harmful software; (2) sending unsolicited offers or advertisements to other users; (3) collecting personal information without consent; or (4) interfering with any network, server, or equipment used to provide the Services;

    8. engaging in fraudulent activities, misrepresenting your affiliation, accessing another user’s account without authorization, providing false information;

    9. selling, transferring, or otherwise sharing your access to the Services, including any associated materials, rights, or content; or

    10. attempting to engage in or assisting others in performing any of the prohibited actions listed above.

  11. Digital Millennium Copyright Act

    1. DMCA Notification. We comply with the Digital Millennium Copyright Act. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Reality Radar the following information:

      1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

      2. a description of the copyrighted work that you claim has been infringed;

      3. a description of where the material that you claim is infringing is located on the Website. You should identify the material with information reasonably sufficient to allow Reality Radar to locate the material;

      4. your address, telephone number, and e-mail address;

      5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

      6. a statement by you, made under penalty of perjury (e.g., notarized affidavit), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

  12. Term and Termination

    1. Term. These Terms are effective from the moment you accept them or first download, install, access, or use the Services, and they remain in effect until terminated as set out in Section 11.2.

    2. Termination. Your authorization to access the Services and these Terms will automatically terminate if you violate any provision of these Terms. Additionally, we may, at its sole discretion, terminate these Terms, your account, or your access to the Services at any time, for any reason or no reason, with or without notice. You may also terminate your account and these Terms at any time by [email protected].

    3. Surviving Provisions. Upon termination of these Terms, (i) your license rights will immediately terminate, and you must stop all use of the Services; (ii) you will lose access to your account and any associated data; (iii) any unpaid amounts owed to us prior to termination will remain due and payable; and (iv) any provisions of these Terms that, by their nature, are intended to survive termination will remain in effect, including but not limited to Section 13 (Disclaimer and Warranties) or Section 15 (Limitation of Liability)

  13. Disclaimer and Warranties

    THE SERVICES, INCLUDING ALL MATERIALS, CONTENT, AND TRANSCRIPTIONS AVAILABLE THROUGH THE SERVICES, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND ALL MATERIALS, CONTENT, AND TRANSCRIPTIONS AVAILABLE THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.

    WE DO NOT WARRANT THAT THE SERVICES OR ANY PORTION OF THE SERVICES (INCLUDING YOUR ACCESS TO IT), OR ANY DATA, MATERIALS, OR CONTENT OFFERED THROUGH OR PROCESSED BY THE SERVICES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. WE ALSO DO NOT WARRANT THAT ANY SUCH ISSUES WILL BE CORRECTED.

    WE ARE NOT RESPONSIBLE FOR THE FAILURE TO STORE, MAINTAIN, OR TRANSMIT ANY USER DATA, CONTENT, TRANSCRIPTIONS, USER COMMUNICATIONS, ACCOUNT INFORMATION, OR PERSONAL SETTINGS. FURTHERMORE, WE MAKE NO WARRANTY ABOUT THE COMPLETENESS, ACCURACY, OR RELIABILITY OF ANY TRANSCRIPTION GENERATED THROUGH THE SERVICES.

    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICES AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE) OR FOR ANY LOSS OF, USE OF, OR DISCLOSURE OF DATA, INCLUDING USER CONTENT.

    THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. WE DO NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW.

  14. Indemnification

    TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ARE RESPONSIBLE FOR YOUR USE OF THE SERVICES, AND YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US HARMLESS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES, SUBSIDIARIES, AND AGENTS (COLLECTIVELY, THE “OUR ENTITIES”) FROM AND AGAINST ANY CLAIM BROUGHT BY A THIRD PARTY, AND ANY RELATED LIABILITY, DAMAGE, LOSS, OR EXPENSE, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, ARISING OUT OF OR CONNECTED WITH (A) YOUR UNAUTHORIZED OR MISUSE OF THE SERVICES; (B) YOUR VIOLATION OF ANY PROVISION OF THESE TERMS, ANY REPRESENTATION, WARRANTY, OR AGREEMENT REFERENCED IN THESE TERMS, OR ANY APPLICABLE LAW OR REGULATION; (C) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING ANY INTELLECTUAL PROPERTY RIGHT, PUBLICITY RIGHT, CONFIDENTIALITY, OTHER PROPERTY, OR PRIVACY RIGHT; (D) THE NATURE OR CONTENT OF DATA PROCESSED BY THE SERVICES; (E) YOUR FAILURE TO OBTAIN NECESSARY CONSENTS OR PROVIDE REQUIRED NOTICES FOR RECORDINGS OR DATA COLLECTION IN CONNECTION WITH YOUR USE OF THE SERVICE; OR (F) ANY DISPUTE OR ISSUE BETWEEN YOU AND ANY THIRD PARTY.

    WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU (WITHOUT LIMITING YOUR INDEMNIFICATION OBLIGATIONS WITH RESPECT TO THAT MATTER), AND IN SUCH CASE, YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THOSE CLAIMS.

  15. Limitation of Liability

    TO THE FULLEST EXTENT PERMITTED BY LAW, OUR ENTITIES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY CONTENT ON THE SERVICES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    EXCEPT AS PROVIDED IN SECTION 15.1 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF OUR ENTITIES FOR ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (A) THE TOTAL AMOUNT YOU HAVE PAID TO US FOR ACCESS TO AND USE OF THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM, OR (B) $100.

    EACH PROVISION OF THESE TERMS THAT LIMITS LIABILITY, DISCLAIMS WARRANTIES, OR EXCLUDES DAMAGES IS INTENDED TO ALLOCATE RISKS BETWEEN THE PARTIES AS PART OF THE FUNDAMENTAL BARGAIN REFLECTED IN THESE TERMS. THIS ALLOCATION IS A CRITICAL ELEMENT OF THE AGREEMENT BETWEEN YOU AND US. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHERS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS TO ACHIEVE ITS ESSENTIAL PURPOSE.

  16. Dispute Resolution and Arbitration

    1. General Agreement to Arbitrate. In the interest of resolving disputes efficiently and cost-effectively, and except as described in Sections 15.2 and 15.3, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Service will first be attempted to be resolved through good faith negotiations between the parties. If the dispute cannot be resolved through good faith discussions within thirty (30) days, it will then be resolved through binding arbitration. Arbitration is a less formal process than a lawsuit in court, involving a neutral arbitrator instead of a judge or jury, with potentially more limited discovery and review processes. Arbitrators can award the same relief and damages as a court. This arbitration agreement covers all claims based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, whether they arise during or after the termination of these Terms. BY ACCEPTING THESE TERMS, YOU AND WE WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

    2. Exceptions. Despite the general agreement to arbitrate, either party may take the following actions without initiating arbitration (i) file an individual claim in small claims court; (ii) pursue an enforcement action through a federal, state, or local agency if available; (iii) seek injunctive relief in a court to support the arbitration process; and (iv) file a lawsuit in court for claims related to intellectual property infringement.

    3. Opt-out. If you prefer not to resolve disputes through arbitration, you may opt out by sending written notice to us within 30 days of agreeing to these Terms. Your notice must include your full name, the email address associated with your account, and a clear statement of your intention to opt out of arbitration. Send this notice to: [email protected]. If you opt out, this arbitration provision will not apply to you, and disputes will be resolved as set forth in Section 16.3. All other provisions of these Terms will remain in effect.

    4. Arbitration Process. Arbitration will be administered by the American Arbitration Association (AAA) under the following rules: (i) If you are an individual, the arbitration will be conducted under the Consumer Arbitration Rules, unless the parties agree otherwise. (ii) If you are an entity, the arbitration will be conducted under the Commercial Arbitration Rules, unless the parties agree otherwise. The arbitration will be governed by the Federal Arbitration Act, and the arbitrator will have the exclusive authority to determine the interpretation, applicability, or enforceability of this arbitration agreement. Filing forms and rules can be accessed at www.adr.org or by calling 1-800-778-7879.

    5. Notice and Initiation of Arbitration. Before initiating arbitration, a party must send a written Notice of Dispute to the other party via certified mail, Federal Express (signature required), or email if no current physical address is available. Notices to us must be sent to: AI Unlimited Ltd, 20 Wenlock Road, London, England, N1 7GU. The Notice must detail the nature of the dispute and the specific relief sought. If the dispute is not resolved within 30 days of the Notice being received, either party may commence arbitration. All arbitration proceedings will remain confidential unless both parties agree otherwise.

    6. Arbitration Fees. The allocation of fees and costs for any arbitration conducted under these Terms will be governed by the applicable rules of the American Arbitration Association (AAA), including the AAA Consumer Arbitration Rules or Commercial Arbitration Rules, as appropriate. All arbitration proceedings shall be conducted exclusively through written submissions, telephonic hearings, or virtual hearings, as determined by the arbitrator. If the arbitrator finds your claim frivolous or brought for improper purposes, you may be responsible for fees as per AAA rules. The arbitrator must issue a reasoned written decision explaining their findings and rulings.

    7. No Class Action. All claims must be brought in an individual capacity. Neither you nor we may bring claims as part of a class action, collective, or representative proceeding. The arbitrator may not consolidate claims or preside over any form of class or representative proceeding unless both parties agree in writing.

    8. Enforceability. In the event that this arbitration provision is found to be unenforceable, Section 16.3 shall also govern the resolution of disputes. All other provisions of these Terms will remain in effect.

  17. Miscellaneous

    1. Additional Terms. Your use of the Services is governed by any additional terms, policies, rules, or guidelines applicable to the Services or specific features of the Services that we may provide or link to within the Services (the “Additional Terms”). These Additional Terms are hereby incorporated into and form an integral part of these Terms.

    2. Entire Agreement. These Terms, along with the Privacy Policy and any Additional Terms, constitute the complete and exclusive agreement between you and us concerning your use of the Services. You may not assign or transfer these Terms, or your rights under them, in whole or in part, whether by law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or your consent. Failure to enforce any provision of these Terms will not constitute a waiver of our right to enforce that provision at a later time. Similarly, a waiver of any breach or default will not be considered a waiver of any subsequent breach or default or of the provision itself. Section headers in these Terms are for convenience only and do not affect interpretation. Throughout these Terms, the term “including” means “including, but not limited to.” If any part of these Terms is found to be invalid or unenforceable, that portion will be interpreted to achieve its intended purpose to the greatest extent permissible, and the remaining provisions will remain in full force and effect.

    3. Governing Law. These Terms are governed by the laws of the State of New York, without regard to its conflict of law principles. You and us agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York County, New York, for the resolution of any legal disputes or proceedings arising under these Terms that are permitted to be brought in court.

    4. Modification or Discontinuation of Services. We reserve the right to modify or discontinue the Services at any time, whether by limiting or removing features or shutting down the Services entirely, temporarily or permanently, with or without notice. We will not be liable for any changes, suspensions, or terminations of your access to or use of the Services.

    5. Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as described in our Privacy Policy. These communications may include emails necessary for delivering the Service, such as notifications about the processing of User Content, updates, or other operational purposes. Additionally, we may send emails about our products, services, or those offered by third parties. You can unsubscribe from promotional emails at any time by following the instructions included in the email. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications we send to you electronically will satisfy any legal communication requirements, including the requirement that such communications be in writing.

    6. Updates to Terms. We may update these Terms at any time. Please review them periodically for changes. If a modification significantly affects your rights or obligations, we may ask you to accept the updated Terms to continue using the Service. Significant changes take effect upon your acceptance, while minor updates take effect upon publication.

    7. California Consumer Rights Notice. Under California Civil Code Section 1789.3, Users from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at [email protected]; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD).

    8. No Obligation for Support. We are under no obligation to provide support for the Services.

    9. Contact Information. You may contact us by emailing us at [email protected].