Terms of Use Agreement

1.Accounts

1.1 Account Creation

To use certain features of the Site, you must register for an account ("Account") and provide the information requested during registration. You represent and warrant that all required registration information you submit is truthful and accurate, and that you will keep it accurate. You may delete your Account at any time, for any reason, by following the instructions on the Site. Company may suspend or terminate your Account under Section 7.

1.2 Account Responsibilities

You're responsible for keeping your Account login information confidential and for all activity under your Account. You agree to notify Company immediately of any unauthorized use, or suspected unauthorized use, of your Account, or any other breach of security. Company is not liable for any loss or damage arising from your failure to comply with these requirements.

2.Access to the Site

2.1 License

Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use.

2.2 Certain Restrictions

Your rights under these Terms are subject to the following restrictions:

• You may not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or any of its content, in whole or in part.
• You may not modify, create derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site.
• You may not access the Site to build a similar or competitive website, product, or service.
• Except as expressly permitted here, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means.

Any future release, update, or added functionality is also subject to these Terms. All copyright and proprietary notices on the Site must be retained on any permitted copies.

2.3 Modification

Company may modify, suspend, or discontinue the Site and its associated services, in whole or in part, at any time, with or without notice. Company is not liable to you or any third party for doing so.

2.4 No Support or Maintenance

Company has no obligation to provide support or maintenance for the Site.

2.5 Ownership

All intellectual property rights in the Site and its content — including copyrights, patents, trademarks, and trade secrets — belong to Company or its suppliers. Nothing in these Terms transfers any ownership rights to you beyond the limited access described in Section 2.1. Company and its suppliers reserve all rights not expressly granted, and no licenses are implied.

3.Indemnification

You agree to indemnify and hold Company (and its officers, employees, and agents) harmless — including costs and attorneys' fees — from any third-party claim arising out of (a) your use of the Site, (b) your violation of these Terms, or (c) your violation of applicable laws. Company may, at your expense, assume exclusive control of the defense of any matter subject to indemnification, and you agree to cooperate. You may not settle any such matter without Company's prior written consent. Company will make reasonable efforts to notify you of any such claim once it becomes aware of it.

4.Third-Party Links & Ads; Other Users

4.1 Third-Party Links & Ads

The Site may link to third-party websites or display third-party advertisements (together, "Third-Party Links & Ads"). These are outside Company's control, and Company doesn't review, approve, monitor, endorse, or make any representations about them. You use Third-Party Links & Ads at your own risk and should exercise appropriate caution. Clicking through means the third party's own terms and privacy practices apply — investigate as you see fit before engaging in any transaction.

4.2 Other Users

Your interactions with other Site users are between you and them. Company isn't responsible for any loss or damage from those interactions, and has no obligation to get involved in any resulting dispute.

4.3 Release

You release and forever discharge Company (and its officers, employees, agents, successors, and assigns) from any past, present, or future dispute, claim, or cause of action — including personal injury, death, or property damage — arising directly or indirectly from the Site, including interactions with other users or Third-Party Links & Ads.

If you're a California resident, you waive California Civil Code Section 1542, which provides that a general release does not extend to claims a creditor doesn't know or suspect to exist in their favor at the time of signing, and which, if known, would have materially affected their settlement with the debtor.

5.Disclaimers

The Site is provided "as is" and "as available." Company and its suppliers disclaim all warranties, express, implied, or statutory — including merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement. There's no warranty that the Site will meet your requirements or be uninterrupted, timely, secure, error-free, accurate, virus-free, complete, legal, or safe. Where a warranty is legally required, it's limited to 90 days from first use. Some jurisdictions don't allow exclusion of implied warranties or limits on their duration, so these limits may not apply to you.

6.Limitation on Liability

To the maximum extent the law allows, Company and its suppliers are not liable for lost profits, lost data, cost of substitute products, or any indirect, consequential, exemplary, incidental, special, or punitive damages related to these Terms or your use of (or inability to use) the Site, even if advised of the possibility. Use of the Site is at your own risk, and you're solely responsible for any resulting damage to your device or data. Company's total liability to you under this Agreement is capped at fifty US dollars ($50), regardless of how many claims are brought, and Company's suppliers have no liability at all. Some jurisdictions don't allow these limitations, so they may not apply to you.

7.Term and Termination

These Terms stay in effect while you use the Site. Company may suspend or terminate your rights to use the Site (including your Account) at any time, for any reason, at its sole discretion — including for any violation of these Terms. Once terminated, your Account and access end immediately, and Company has no liability to you for the termination. Sections 2.2–2.5 and Sections 3–8 survive termination.

8.SMS/Text Messaging

By providing your mobile number and opting in, you agree to receive text messages from WellSaid AI, LLC related to your account, including reminders and alerts. Message frequency varies; message and data rates may apply. Consent to receive texts is not a condition of using the Site. Reply STOP to opt out at any time, or HELP for assistance. See our Privacy Policy for more on how we handle your information.

9.General

9.1 Changes

These Terms may be revised from time to time. For substantial changes, Company may notify you by email to your last provided address and/or by posting notice on the Site — you're responsible for keeping your email current. Changes take effect 30 calendar days after email notice or posted notice, whichever comes first, and take effect immediately for new users. Continuing to use the Site after notice means you accept the changes.

9.2 Dispute Resolution

This Arbitration Agreement is part of your contract with Company and affects your rights. It includes mandatory binding arbitration and a class action waiver.

1. Applicability. Nearly all claims and disputes connected to these Terms or Company's products/services (other than requests for injunctive or equitable relief) that can't be resolved informally or in small claims court must go to individual binding arbitration, conducted in English. This applies to you, Company, and both parties' affiliates, agents, employees, and successors.
2. Notice and informal resolution. Before arbitration, you must send a written Notice of Dispute describing the claim and relief sought to: 790 Frontage Road, Northfield, Illinois 60093. The parties then have 30 days to try to resolve things informally before either side may begin arbitration. Settlement offers can't be disclosed to the arbitrator until after the award is decided.
3. Arbitration rules. Arbitration is administered by the American Arbitration Association (or an alternative provider if AAA is unavailable), under its Consumer Arbitration Rules, before a single neutral arbitrator. Claims under $10,000 may be resolved without an in-person hearing, at the requesting party's option; larger claims follow the AAA Rules on hearings. Any hearing is held within 100 miles of your residence (or per reasonable notice if you live outside the US). If you're awarded more than Company's last pre-arbitration settlement offer, Company pays you the greater of the award or $2,500. Each side bears its own costs and splits the ADR provider's fees equally.
4. Non-appearance arbitration. If chosen, arbitration proceeds by phone, online, or written submissions only — no in-person appearances unless both parties agree otherwise.
5. Time limits. Arbitration must be initiated within the applicable statute of limitations and any deadline under the AAA Rules.
6. Arbitrator authority. The arbitrator decides each party's rights and liabilities individually — claims won't be consolidated with other cases. The arbitrator can grant dispositive motions, award monetary damages, and grant any relief an individual could get in court. The award comes with a written statement of findings and is final and binding.
7. Jury trial waiver. Both parties waive the right to a jury trial in favor of arbitration under this Agreement — and in any court proceeding to vacate or enforce an award, both waive jury trial there too.
8. Class action waiver. All claims must be arbitrated or litigated individually; claims from different customers or users cannot be combined or arbitrated jointly.
9. Confidentiality. The arbitration proceeding and award are confidential, except as needed to enforce the Agreement or an award, seek equitable relief, or as required by law.
10. Severability. If any part of this Arbitration Agreement is found invalid, that part is severed and the rest remains in effect.
11. Right to waive. Either party may waive any right under this Arbitration Agreement without affecting the rest of it.
12. Survival. This Arbitration Agreement survives the end of your relationship with Company.
13. Small claims court. Either party may instead bring an individual action in small claims court.
14. Emergency relief. Either party may seek emergency equitable relief in court to preserve the status quo pending arbitration, without waiving other rights under this Agreement.
15. Claims outside arbitration. Defamation claims, Computer Fraud and Abuse Act claims, and IP infringement/misappropriation claims are not subject to this Arbitration Agreement.
16. Courts. Where litigation in court is permitted under this Agreement, both parties consent to personal jurisdiction in Cook County, Illinois.

9.3 Export

The Site may be subject to U.S. export control laws and other countries' import/export regulations. You agree not to export, re-export, or transfer any U.S. technical data obtained from Company — or products using it — in violation of applicable export laws.

9.4 Disclosures

Company's address is listed in Section 8.8. California residents may direct complaints to the Complaint Assistance Unit of the Division of Consumer Products, California Department of Consumer Affairs, 400 R Street, Sacramento, CA 95814, or by phone at (800) 952-5210.

9.5 Electronic Communications

Communications between you and Company happen electronically — through the Site, email, or posted notices. You consent to receiving communications electronically, and agree that electronic terms, notices, and disclosures satisfy any legal requirement for written communication, without affecting any non-waivable rights you may have.

9.6 Entire Terms

These Terms are the entire agreement between you and Company regarding use of the Site. Company's failure to enforce any right doesn't waive it. Section titles are for convenience only. "Including" means "including without limitation." If any provision is found invalid, the rest remain in effect, and the invalid provision is modified to be enforceable to the extent the law allows. Your relationship to Company is that of an independent contractor — neither party is the other's agent or partner. You may not assign, subcontract, or transfer your rights or obligations under these Terms without Company's prior written consent; Company may assign these Terms freely, and the Terms bind any assignees.

9.7 Copyright/Trademark Information

Copyright © 2022 WellSaid.ai, LLC. All rights reserved. All trademarks, logos, and service marks displayed on the Site belong to Company or other third parties, and may not be used without prior written consent.

9.8 Contact Information