PivotUP Terms of Use
Last Updated Date: June 10, 2024
PivotUP, Inc. (“Company,” “we,” “us,” or “our”) provides our services (described below) and related content to you through our website(s) located at https://www.pivotup.ai (the “Site”) and through our mobile applications and related technologies (“Mobile Apps”, and collectively, such Mobile Apps and the Site, including any updated or new features, functionality and technology, the “Service”). All access and use of the Service is subject to the terms and conditions contained in these Terms of Service (as amended from time to time, these “Terms of Service”). By accessing, browsing, or otherwise using the Site, Mobile Apps, or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Service. We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. You may read a current, effective copy of these Terms of Service by visiting the “Terms of Service” link on the Site and under the “Terms of Service” section of our Mobile App. We will also notify you of any material changes, either through the Service user interface, a pop-up notice, email, or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
Privacy Policy
We value your privacy. For more information about our privacy practices, please see our Privacy Policy.
Access and Use of the Service
Service Description
PivotUP provides an AI-enabled relationship mentor designed to help users foster real-life connections by offering advice and answers to relationship questions through AI technology.
Your Registration Obligations
To access certain features of our Service, you may need to register and provide information about yourself. You agree to provide accurate and complete information and keep it updated. You are responsible for maintaining the confidentiality of your account and password.
If you are under 18 years of age, you are not authorized to use the Service, with or without registering.
Member Account, Password, and Security
You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your account. You agree to immediately notify PivotUP of any unauthorized use of your password or account or any other breach of security.
Modifications to Service
PivotUP reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that PivotUP will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
General Practices Regarding Use and Storage
You acknowledge that PivotUP may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained and the maximum storage space allotted on our servers. You agree that PivotUP has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service.
Conditions of Access and Use
User Conduct: You agree not to use the Service to:
Upload content that infringes any intellectual property or other proprietary rights of any party.
Upload content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, or otherwise objectionable.
Upload content that you do not have a right to upload under any law or under contractual or fiduciary relationships.
Upload content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
Interfere with or disrupt the Service or servers or networks connected to the Service.
Violate any applicable local, state, national, or international law.
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Harvest or collect email addresses or other contact information of other users from the Service.
Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized.
Further or promote any criminal activity or enterprise or provide instructional information about illegal activities.
Obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service.
Competitors: By using the Service, you represent that you are not a competitor of PivotUP or any of its affiliates, or acting on behalf of a competitor.
Fees: To the extent the Service or any portion thereof is made available for any fee, you may be required to select a payment plan and provide information regarding your payment method. You will be responsible for all applicable fees and taxes associated with the Service.
Mobile Services and Software
Mobile Services: The Service includes certain services that are available via a mobile device. Your carrier's standard charges, data rates, and other fees may apply. Not all mobile services may work with all carriers or devices.
Mobile App License: Subject to these Terms, PivotUP grants you a limited, non-exclusive, non-transferable, non-sublicensable license to install and use the Mobile App for your personal use.
Ownership; Restrictions: The technology and software underlying the Service or distributed in connection therewith are the property of Company, its affiliates, and its licensors (including the Mobile Apps, the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Company.
Special Notice for International Use; Export Controls: Company is headquartered in the United States. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading, accessing or using the Software or Service is at your sole risk.
Third-Party Distribution Channels: Company offers Software that may be made available through the Apple App Store or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of the Service, you agree to comply with all applicable terms of any agreement for such third-party products and services.
Open Source Software: The Software may contain or be provided together with open source software. Each item of open source software is subject to its own license terms, which can be found here: “Third Party Notices''. If required by any license for particular open source software, Company makes such open source software, and Company’s modifications to that open source software (if any), available by written request to legal@pivotup.ai. Copyrights to the open source software are held by the respective copyright holders indicated therein.
Use of AI Technology
The AI technology in the Service is designed to provide informational support and should not be used as a substitute for professional advice. The AI output may not always be accurate or reliable.
You acknowledge and agree that the Service includes and integrates with advanced technologies, such as artificial intelligence, machine learning systems and similar technology and features (collectively, “AI Technology”), which may be proprietary to Company or constitute Third-Party Services (as defined below). The AI Technology may allow you to submit queries and other prompts, in response to which the AI Technology may generate and return to you Output. AI Technology is new and evolving. You acknowledge and agree that, in addition to the other limitations and restrictions set forth in these Terms of Service:
Company bears no liability to you or anyone else arising from or relating to your use of the AI Technology and/or the Output;
The AI Technology is not approved, and should not be used, for the provision of medical services, psychological services or any other services which would be otherwise provided by a qualified health care professional. Output is for informational purposes only and is not a substitute for advice from a qualified health care professional. You should always seek the advice of a licensed health care professional with any questions you may have regarding medical or psychological conditions or treatments and before making any major health decisions. Never disregard professional medical or psychological advice or delay in seeking such advice because of the AI Technology or its Output;
You will use discretion and independent judgment before relying on or otherwise using Output; and
AI Technology may result in incorrect, unreliable or offensive Output that does not represent the views of Company, for reasons including but not limited to the reasons listed below:
AI Technology is based on predefined rules and algorithms, resulting in Output that may be repetitive or formulaic content,
AI Technology can struggle with understanding the nuances of language, including slang, idioms and cultural references, which can result in Output that is garbled, out of context or does not make sense,
AI Technology does not have emotions and cannot understand or convey emotions in the way humans can, which can result in Output that lacks the empathy and emotion that humans are able to convey,
AI Technology can perpetuate biases that are present in the data used to train them, which can result in Output that is discriminatory or offensive,
AI Technology can struggle with complex tasks that require reasoning, judgment and decision-making,
Output can lack the personal touch that comes with content created by humans, which can make it seem cold and impersonal, and
AI Technology requires large amounts of data to train and generate content, and the data used to train AI Technology may be of poor quality or biased, which will negatively impact the accuracy and quality of the generated Output.
Fees and Payment Terms
Payment
You agree to pay all fees or charges to your Account in accordance with the applicable fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Users must provide Company with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”). Your Payment Provider agreement governs the use of the designated credit card account, and you must refer to that agreement to determine its rights and responsibilities. By providing Company with your credit card number and associated payment information, you authorize us to immediately invoice your Account for all fees and charges due and payable to Company, and no additional consent is required. You agree to immediately notify us of any changes in your billing address or credit card used for payment hereunder. We reserve the right to change our prices and billing methods at any time, either immediately upon posting on the Website or by email delivery to you. Price changes for Service Subscriptions will take effect at the start of the next subscription period following the date of the price change. By continuing to use the Service Subscriptions after the price change takes effect, you accept the new price. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Service Subscriptions prior to the price change going into effect. Please make sure to read any such notification of price changes carefully.
Automatic Renewal
You will be responsible for payment of the applicable fee(s) for the Service at the time you subscribe in your Account and select your monthly or annual package (each, a “Service Commencement Date”). Except as set forth herein, all fees for the Service are non-refundable. Your subscription will continue indefinitely until terminated in accordance with the terms herein. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each, a “Renewal Commencement Date”) and continue for an equivalent period, at Company’s then-current price for such subscription. You agree that your Account will be subject to this automatic renewal feature unless you cancel your subscription at least thirty (30) days prior to the Renewal Commencement Date. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. You agree that your Account will be subject to this automatic renewal feature unless you cancel your subscription in writing at least thirty (30) days prior to the Renewal Commencement Date. If you believe you are entitled to receive a refund of any monies paid to Company Properties, please contact Customer Support at: support@pivotup.ai.
Pricing
Please refer to the subscription page in the Service for a description of the fees payable in connection with the Service.
Taxes
Company’s fees are exclusive of any applicable taxes, including but not limited to sales, use, value-added, excise, and other similar taxes or levies (“Sales Tax”). You are responsible for the payment of all such taxes and levies related to your use of the Service, regardless of whether they are imposed at the time of purchase or subsequently by a tax authority. If any Service, or payment for any Service, under this Agreement are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Company, you agree to indemnify and hold Company harmless from and against any such Sales Tax, including any related penalties or interest imposed by the relevant tax authority. Company reserves the right to invoice you for any such taxes and levies that we are required to collect under applicable law.
Intellectual Property Rights
Service Content: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Company, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you upload to or make available through the Service in accordance with these Terms of Service. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.
Trademarks: The Company name and logos are trademarks and service marks of Company (collectively the “Company Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Company. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Company Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Company Trademarks will inure to our exclusive benefit.
Third-Party Material: Under no circumstances will Company be liable in any way for any content or materials of any third parties (including users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Company does not pre-screen content, but that Company and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Company and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Company, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content: You represent and warrant that you own all right, title and interest in and to all User Content you upload, including all copyrights and rights of publicity contained therein. You hereby grant Company and its affiliates, successors and assigns, and its and their licensors, a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use User Content in connection with the operation of the Service and improving and developing products and services, including use in connection with training models and algorithms. You assume all risk associated with your User Content and the transmission of your User Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of your User Content. You hereby authorize Company and its third-party service providers to derive statistical and usage data relating to your use of the Service (“Usage Data”). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy. Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service (“Submissions”), provided by you to Company are non-confidential and Company will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you. You acknowledge and agree that Company may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Company, its users, or the public. You understand that the technical processing and transmission of the Service, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
Third-Party Services and Websites
The Service may provide links or other access to, and content, recommendations and data from, services, sites, technology, and resources made available by third parties (the “Third-Party Services”). Additionally, you may enable or log in to the Service via various online Third-Party Services, such as Apple. Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. Some Third-Party Services will provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating Third-Party Services and our use, storage and disclosure of information related to you and your use of such Third-Party Services within the Service, please see our Privacy Policy. Company has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of content, recommendations or other information provided by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You, and not Company, will be responsible for any and all costs and charges associated with your use of any Third- Party Services. Company enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Service are between you and the third party. Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services, including any content, recommendations or other information provided by or available through such Third-Party Services.
Indemnification
To the extent permitted under applicable law, you agree to defend, indemnify, and hold harmless Company, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “Company Parties”) from any and all losses, damages, expenses, including reasonable attorneysʼ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service, or your violation of any rights of another. Company will provide notice to you of any such claim, suit, or proceeding. Company reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Companyʼs defense of such matter. You may not settle or compromise any claim against the Company Parties without Companyʼs written consent.
Medical Disclaimer
THE AI TECHNOLOGY AND ITS OUTPUT ARE FOR INFORMATIONAL PURPOSES ONLY AND NOT INTENDED TO PROVIDE YOU WITH MEDICAL OR PSYCHOLOGICAL ADVICE. OUTPUT IS NOT INTENDED TO BE AN ATTEMPT TO PRACTICE MEDICINE OR PSYCHOTHERAPY, PROVIDE SPECIFIC MEDICAL OR PSYCHOLOGICAL ADVICE, OR SERVE AS A SUBSTITUTE FOR PROFESSIONAL ADVICE, DIAGNOSIS OR TREATMENT. ANY INFORMATION YOU RECEIVE FROM THE AI TECHNOLOGY IS NOT INTENDED TO TELL YOU ANYTHING ABOUT YOUR CURRENT STATE OF MENTAL OR PHYSICAL HEALTH, OR TO BE USED TO MAKE MEDICAL OR PSYCHOLOGICAL DECISIONS, INCLUDING WHETHER OR NOT YOU SHOULD SEEK TREATMENT OR TAKE MEDICATION. DO NOT RELY ON THE AI TECHNOLOGY, ITS OUTPUT, ELECTRONIC COMMUNICATIONS OR COMMUNICATION TO THIS SITE FOR MEDICAL OR PSYCHOLOGICAL CARE. THIS SITE, THE AI TECHNOLOGY AND ITS OUTPUT ARE NOT DESIGNED TO PROVIDE OR FACILITATE MEDICAL OR PSYCHOLOGICAL CARE. RELIANCE ON INFORMATION PROVIDED BY THE AI TECHNOLOGY IS SOLELY AT YOUR OWN RISK. IF YOU THINK YOU HAVE A MEDICAL OR PSYCHOLOGICAL EMERGENCY, CALL 911 IMMEDIATELY.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY PARTIES MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THE COMPANY PARTIESʼ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID COMPANY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE. IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “INDEMNIFICATION”, “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Dispute Resolution by Binding Arbitration
a. Agreement to Arbitrate
Any disputes arising out of or relating to these Terms or our Service will be resolved through binding arbitration. You waive your right to a trial by jury or to participate in a class action. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
b. Prohibition of Class Action Representative Actions and Non-Individualized Relief
YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSONʼS OR PARTYʼS CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTYʼS INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
c. Pre-Arbitration Dispute Resolution
Company is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customerʼs satisfaction by emailing customer support at support@pivotup.ai. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Company should be sent to legal@pivotup.ai (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Company and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Company or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Company is entitled.
d. Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Associationʼs (“AAA”) rules and procedures, including the AAAʼs Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAAʼs consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless Company and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, Company agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based
e. Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. To the extent any Arbitration Fees are not specifically allocated to either Company or you under the AAA Rules, Company and you shall split them equally; provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, Company will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneysʼ fees will be governed by the AAA Rules.
f. Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
g. Severability
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Service will continue to apply.
h. Future Changes to Arbitration Agreement
Notwithstanding any provision in these Terms of Service to the contrary, Company agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending Company written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
Termination
We may suspend or terminate your access to the Service if you violate these Terms or if your account is inactive for an extended period. You are free to stop using the Service at any time. Further, you agree that Company will not be liable to your or any third party for any termination of your access to the service.
User Disputes
You agree that you are solely responsible for your interactions with any other user in connection with the Service, and Company will have no liability or responsibility with respect thereto. Company reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
Contact Us
If you have any questions or to report any violations about these Terms, please contact us at legal@pivotup.ai or at 160 Foss Creek Circle Unit 967, Healdsburg, CA 95448