Eligibility The App is intended for use by individuals who are 18 years of age or older. By accessing or using the App, you represent and warrant that you are at least 18 years old.
Limited License Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the App for personal, non-commercial purposes only. This license does not allow you to create an account, sign up for subscriptions, create text or images, or purchase goods or services.
Arbitration Agreement (Agreement) Any dispute arising out of or relating to these Terms or your use of the App shall be resolved through binding arbitration on an individual basis, except where otherwise prohibited by law or qualifying for small claims court. The Agreement includes the following provisions:
Notice and Opportunity to Cure Prior to initiating arbitration, the complaining party shall provide the other party with a written notice outlining the nature of the dispute and a 30-day opportunity to cure the alleged breach.
Settlement Offers Any settlement offers made by either party to resolve a dispute prior to arbitration shall not be admissible or disclosed in any subsequent arbitration or legal proceeding.
Legal Expenses Each party shall bear its own legal expenses and fees incurred in connection with any arbitration or legal proceedings arising from these Terms.
Non-Appearance The Company may elect not to participate in the arbitration proceeding if it so chooses, without waiving any rights or defenses.
Waiver of Jury Trial The parties waive any constitutional or statutory right to a jury trial for any disputes arising out of or related to these Terms or your use of the App.
Class Action Waiver All disputes shall be litigated on an individual basis and not as a class or collective action. The parties waive any right to participate in or bring claims as a class representative or member.
Survival The Agreement shall survive the termination of any relationship between you and the Company, or the discontinuation or modification of the App.
Confidentiality All proceedings during arbitration, including any awards, decisions, and settlements, shall be confidential.
Limitation of Liability To the fullest extent permitted by applicable law, in no event shall the Company, its affiliates, directors, officers, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses arising from or in connection with your use of the App.
Governing Law and Jurisdiction These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. Any legal actions or proceedings arising out of or relating to these Terms shall be exclusively held in the state or federal courts located in the State of California.
Severability If any provision of these Terms is held to be unlawful, void, or unenforceable, the remaining provisions shall remain in full force and effect.
Entire Agreement These Terms constitute the entire agreement between you and the Company regarding your use of the App and supersede all prior or contemporaneous agreements, understandings, representations, and warranties.
By using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you have any questions or concerns about these Terms, please contact us at:
Mailing Address: 700 El Camino Real Suite 120 Menlo Park, CA 94025