Last Updated: 07/05/2021
Welcome, and thank you for your interest in Eisengard AI Incorporated (“Eisengard,” “we,” or “us”) and our website at [www.eisengard.ai], along with our related websites, applications, and other services or platforms provided by us (collectively, the “Platform”). These Terms of Use are a legally binding contract between you and Eisengard regarding your use of the Platform.
BY CLICKING “I ACCEPT,” OR BY OTHERWISE ACCESSING OR USING THE PLATFORM, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE PLATFORM, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING EISENGARD’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF THE INDIVIDUAL ACCEPTING THIS AGREEMENT IS ACCEPTING ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, SUCH INDIVIDUAL REPRESENTS THAT THEY HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS, IN WHICH CASE “YOU” AND “YOUR” WILL REFER TO SUCH ENTITY. IF THE INDIVIDUAL ACCEPTING THESE TERMS DOES NOT HAVE SUCH AUTHORITY, OR IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE PLATFORM. YOUR USE OF THE PLATFORM, AND EISENGARD’S PROVISION OF THE PLATFORM TO YOU, CONSTITUTES AN AGREEMENT BY EISENGARD AND BY YOU TO BE BOUND BY THESE TERMS.
Except for certain kinds of disputes described in Section 19, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND EISENGARD ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 19.)
The Platform enables you to create and develop data driven business solution modules which may be data driven, industry-specific or function specific (each a “Module”) and access, purchase, view or modify existing Modules, either directly from the creator or through the in-Platform marketplace (the “Module Market”). There are two types of Modules – those that can be edited by users and reused, called “templates”, and those that are packaged and non-editable, called “apps”. Henceforth, all mentions of modules and module markets refer to both these types of modules. You acknowledge that Eisengard may independently develop Modules that perform the same or similar functions as or otherwise compete with any Modules that you may develop, product, market or distribute on or through the Platform (“Eisengard-Developed Modules”). Nothing in Terms will impair Eisengard’s right to develop, acquire, license, market, promote or distribute Eisengard-Developed Modules.
The Platform may enable you to include data within a Modules or connect your Module to a database from which data is imported into a Module (such data collectively, “Your Data”). You acknowledge that you and not Eisengard will remain responsible for Your Data and you represent and warrant that you have and will maintain all rights and consents required to: (a) import Your Data on to the Platform, and (b) permit Eisengard to use Your Data to provide the Platform, as contemplated by Eisengard, these Terms and the functionality of the Platform. Further, you acknowledge that Eisengard is not responsible for the unauthorized access to any of Your Data and you warrant that Your Data will not contain any personal information, personally identifiable information, health information or any other sensitive information. For clarity, Your Data will be deemed to be your User Content.
You must be at least 18-years old to use the Platform. By agreeing to these Terms, the individual accepting these Terms represents and warrants to us that: (a) they are at least 18-years old; (b) they or the entity they represent have not previously been suspended or removed from the Platform; and (c) their registration and their or their entity’s use of the Platform is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
To access some features of the Platform, you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at [email protected].
Certain features of the Platform may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable.
With respect to Modules available for purchase on the Module Market, the applicable creator, owner or administrator of the Module, and not Eisengard, is responsible for determining the purchase price for that Module. In all other cases, Eisengard reserves the right to determine pricing for the Platform. Eisengard will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. Eisengard may change the fees for any feature of the Platform, including additional fees or charges, if Eisengard gives you advance notice of changes before they apply. Eisengard, at its sole discretion, may make promotional offers with different features and different pricing to any of Eisengard’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
You authorize Eisengard and its third party processors to charge all sums for the purchases that you make on or through the Platform (including purchases made on the Module Market) as described in these Terms or published by Eisengard, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, Eisengard or its third party processors may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
Eisengard may suspend or terminate access to the Platform, including fee-based portions of the Platform, for any account for which any amount is due but unpaid. In addition to the amount due for the Platform, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.
The Platform may enable you to make your Modules available to other users of the Platform on the Module Market for such users to purchase the right to use the Modules on the Platform (“Module License”). You acknowledge that you are solely responsible for setting the pricing for the Module License (“Module Price”). For each sale of a Module License, you agree to pay Eisengard 15% of the Module Price for that Module License (“Marketplace Fee”). You hereby authorize Eisengard to collect payment of the Module Price (together with any taxes and related fees) on your behalf and remit to you such amounts less the Marketplace Fee and any taxes, fees, chargebacks, or refunds. Eisengard may offset any amounts owed by Eisengard against any amounts owed by you to Eisengard. In the event a chargeback, fee or refund is charged in connection with the sale of a Module License after Eisengard has already remitted payment to you for that Module License, Eisengard may offset those charges against future payments or charge you directly for those charges.
The Platform may enable you to purchase through the Module Market a Module License for one or more Modules. You acknowledge that, except as otherwise expressly indicated by Eisengard in writing, Modules are provided by the owner, creator or administrator of the Module and not by Eisengard. Purchases of Module Licenses are final and non-refundable.
Subject to your complete and ongoing compliance with these Terms, Eisengard grants you, solely for your personal use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform.
Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Platform; (b) make modifications to the Platform; or (c) interfere with or circumvent any feature of the Platform, including any security or access control mechanism. If you are prohibited under applicable law from using the Platform, you may not use it.
If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Platform (“Feedback”), then you hereby grant Eisengard an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Platform and create other products and services.
The Platform is owned and operated by Eisengard. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Platform (“Materials”) provided by Eisengard are protected by intellectual property and other laws. All Materials included in the Platform are the property of Eisengard or its third-party licensors. Except as expressly authorized by Eisengard, you may not make use of the Materials. Eisengard reserves all rights to the Materials not granted expressly in these Terms.
Eisengard may provide tools through the Platform that enable you to import or export data or information, including User Content (defined below), from or to third-party services. By using one of these tools, you agree that Eisengard may import or export that information from or to the applicable third-party service. Third-party services are not under Eisengard’s control, and, to the fullest extent permitted by law, Eisengard is not responsible for any third-party service’s use of your exported information. The Platform may also contain links to third-party websites. Linked websites are not under Eisengard’s control, and Eisengard is not responsible for their content.
Certain features of the Platform may permit users to upload or create content to the Platform, including the Modules, data, messages, reviews, photos, video, images, folders, text, and other types of works, (collectively the “User Content”) and to publish User Content on the Platform. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to or create on the Platform.
By providing or creating User Content to or via the Platform, you grant Eisengard a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
By providing User Content to or via the Platform and enabling access to such User Content by other users of the Platform, you grant those users a non-exclusive license to access, use, and modify that User Content as permitted by these Terms and the functionality of the Platform.
10.4 User Content Representations and Warranties. Eisengard disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Platform. By providing User Content via the Platform, you affirm, represent, and warrant to us that:
We are under no obligation to edit or control User Content that you or other users post or publish and will not be in any way responsible or liable for User Content. Eisengard may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that, when using the Platform, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Eisengard with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Eisengard does not permit copyright-infringing activities on the Platform.
Eisengard does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Platform by its users. You acknowledge and agree that Eisengard reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Platform for operational and other purposes. If at any time Eisengard chooses to monitor the content, Eisengard still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy (defined below).
We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
BY USING THE PLATFORM, YOU AGREE NOT TO:
We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about material posted on the Platform, you may contact our Designated Agent at the following address:
Eisengard AI Incorporated Attn: Legal Department (Copyright Notification) [Company Postal Address] Email: [email protected]
Any notice alleging that materials hosted by or distributed through the Platform infringe intellectual property rights must include the following information:
Eisengard will promptly terminate the accounts of users that are determined by Eisengard to be repeat infringers.
We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Platform. Material modifications are effective upon your acceptance of the modified Terms or, with respect to Subscription Services, the next Payment Due Date if later. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 14, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Platform, and ending when terminated as described in Section 15.2.
If you violate any provision of these Terms, your authorization to access the Platform and these Terms automatically terminate. In addition, Eisengard may, at its sole discretion, terminate these Terms or your account on the Platform, or suspend or terminate your access to the Platform, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at [[email protected]].
Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Platform; (b) you will no longer be authorized to access your account or the Platform; (c) you must pay Eisengard any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 7.3, 8, 10, 15.3, 16, 17, 18, 19 and 20 will survive. In the event Eisengard terminated these Terms or your account on the Platform for convenience and not for cause, Eisengard will refund to you a prorated portion of any Subscription Fees paid but not used by you prior to termination for the then-current billing cycle.
Eisengard reserves the right to modify or discontinue the Platform at any time (including by limiting or discontinuing certain features of the Platform), temporarily or permanently, without notice to you. Eisengard will have no liability for any change to the Platform or any suspension or termination of your access to or use of the Platform.
To the fullest extent permitted by law, you are responsible for your use of the Platform, and you will defend and indemnify Eisengard, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Eisengard Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Platform; (b) your violation of any portion 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 or publicity, confidentiality, other property, or privacy right; or (d) 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 that case, you agree to cooperate with our defense of those claims.
17.1 THE PLATFORM AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PLATFORM, INCLUDING ANY MODULES, ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. EISENGARD DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PLATFORM, THE MODULES, AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PLATFORM, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. EISENGARD DOES NOT WARRANT THAT THE PLATFORM OR ANY PORTION OF THE PLATFORM, THE MODULES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE PLATFORM, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND EISENGARD DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
17.2 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PLATFORM OR EISENGARD ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE PLATFORM WILL CREATE ANY WARRANTY REGARDING ANY OF THE EISENGARD ENTITIES OR THE PLATFORM THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE PLATFORM AND YOUR DEALING WITH ANY OTHER PLATFORM USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE PLATFORM AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE PLATFORM) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
17.3 THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION 17 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Eisengard does not disclaim any warranty or other right that Eisengard is prohibited from disclaiming under applicable law.
18.1 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE EISENGARD ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE PLATFORM, A MODULE, OR ANY MATERIALS OR CONTENT ON THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY EISENGARD ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
18.2 EXCEPT AS PROVIDED IN SECTION 19.5(b) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE EISENGARD ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE PLATFORM, A MODULE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO EISENGARD FOR ACCESS TO AND USE OF THE PLATFORM (EXCLUDING ANY AMOUNTS PAID FOR MODULE LICENSES) IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM AND (b) US$100.
18.3 EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 18 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
In the interest of resolving disputes between you and Eisengard in the most expedient and cost effective manner, and except as described in Section 19.2 and 19.4, you and Eisengard agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND EISENGARD ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Despite the provisions of Section 19.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 19 within 30 days after the date that you agree to these Terms by sending a letter to Eisengard AI Incorporated, Attention: Legal Department – Arbitration Opt-Out, [Company Postal Address] that specifies: your full legal name, the email address associated with your account on the Platform, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Eisengard receives your Opt-Out Notice, this Section 19 will be void and any action arising out of these Terms will be resolved as set forth in Section 20.2. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
Any arbitration between you and Eisengard will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting Eisengard. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Eisengard’s address for Notice of Arbitration is: Eisengard AI Incorporated, [Company Postal Address]. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Eisengard may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Eisengard must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Eisengard in settlement of the dispute prior to the award, Eisengard will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000.
If you commence arbitration in accordance with these Terms, Eisengard will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New York City, New York, but if the claim is for US $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Eisengard for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
YOU AND EISENGARD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Eisengard agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
If Eisengard makes any future change to this arbitration provision, other than a change to Eisengard’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Eisengard’s address for Notice of Arbitration, in which case your account with Eisengard will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
If Section 19.7 or the entirety of this Section 19 is found to be unenforceable, or if Eisengard receives an Opt-Out Notice from you, then the entirety of this Section 19 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 20.2 will govern any action arising out of or related to these Terms.
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Eisengard regarding your use of the Platform. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
These Terms are governed by the laws of the State of New York without regard to conflict of law principles. You and Eisengard submit to the personal and exclusive jurisdiction of the state courts and federal courts located within New York City, New York for resolution of any lawsuit or court proceeding permitted under these Terms.
Please read the Eisengard Privacy Policy (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Eisengard Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
Your use of the Platform is subject to all additional terms, policies, rules, or guidelines applicable to the Platform or certain features of the Platform that we may post on or link to from the Platform (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
By using the Platform, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
The Platform is offered by Eisengard AI Incorporated, located at [Company Postal Address]. You may contact us by sending correspondence to that address or by emailing us at [[email protected]].
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Platforms of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Platform or to receive further information regarding use of the Platform.
We are under no obligation to provide support for the Platform. In instances where we may offer support, the support will be subject to published policies.
The Platform is intended for visitors located within the United States. We make no representation that the Platform is appropriate or available for use outside of the United States. Access to the Platform from countries or territories or by individuals where such access is illegal is prohibited.