Terms of Service
Last updated: May 23, 2025
📍 IMPORTANT NOTICE REGARDING AUTOMATIC RENEWALS
This Service includes subscriptions that automatically renew. Please read these terms of service (the "Terms"), our Subscription Terms and Money-Back Policy carefully (in particular, Section 4) before starting a trial or completing a purchase for our app's auto-renewing subscription service.
To avoid being charged, you must cancel your subscription at least 24 hours before the end of your trial or current billing cycle. By purchasing an automatically renewing subscription, you acknowledge and agree to its recurring nature, as explained near the point of purchase. If you do not cancel in time, your subscription will automatically renew, and the applicable charges will be applied.
- If you subscribed or started a free trial via the App Store, refund requests are handled directly by Apple. You can submit a request following the instructions on the Apple Support page.
- If you subscribed or started a free trial through the Google Play Store or directly via our website, please contact our support team at support@copymind.me for assistance.
Deleting the App does not cancel your subscription or trial. If you intend to cancel, ensure you follow the appropriate cancellation process for your platform. You may also wish to take a screenshot of this notice for future reference. More details can be found in our Subscription Terms.
Our privacy practices are described in detail in our Privacy Policy. Please review it to understand how we collect, use, and share your personal information.
📍 BINDING ARBITRATION & DISPUTE RESOLUTION
Section 13 of these Terms governs how disputes between you and COPYMIND are resolved. In particular, it includes a binding arbitration agreement, which means:
- You agree to resolve disputes with us through final and binding arbitration, rather than in court, except for certain limited exceptions.
- You waive your right to file a lawsuit or participate in a class action lawsuit against us.
- You may opt out of the arbitration agreement by following the process outlined in section 14.
Please read this section carefully, as it significantly affects your legal rights.
📍 NATURE AND FUNCTIONALITY OF THE SERVICE
The Service utilizes AI to create a Digital Twin of your personality. For full disclaimers and limitations, see Section 9 (Disclaimer of Warranties) and Section 13 (Arbitration). You may opt out of arbitration as described in Section 14.
1. ACCEPTANCE OF TERMS
The provisions of the "Terms" govern the relationship between you and Yolo Brothers Inc, with registered office at Office 3500 South Dupont Highway, Dover, DE 19901, County of Kent, USA ("we", "us", "our" or the "Company") regarding your use of the Company's mobile applications, website available at https://copymind.me with all of its pages and subdomains (the "Website") and related services, where applicable (collectively the "App" or "Service"), including all information, text, graphics, software, and services, available for your use.
By accessing or using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, forming a legally binding agreement between you and the Company. If you do not agree to these Terms, you must immediately stop using the Service, delete your account, and cancel any active subscriptions.
These Terms were originally drafted in English. If there is any conflict between the English language version of these Terms and a version translated into another language, the English-language version will prevail.
Additional Terms and Policies Our Privacy Policy forms an integral part of these Terms and describes how we collect, use, and protect your personal data. We may also post additional policies, supplemental terms, or notices on the Service from time to time. Such terms are hereby incorporated by reference and will apply to your use of the Service.
2. IMPORTANT DISCLAIMERS
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE DIGITAL TWIN AND ANY INSIGHTS, RECOMMENDATIONS, OR OTHER OUTPUTS GENERATED BY THE SERVICE ARE FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON AS PROFESSIONAL ADVICE. YOU SHOULD CONSULT WITH QUALIFIED PROFESSIONALS FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
3. ACCOUNT REGISTRATION
To access certain features of the Service, you may be required to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself and to update such information to keep it accurate, current, and complete.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
We reserve the right to suspend or terminate your account at any time if we believe that you have violated these Terms or for any other reason at our sole discretion.
4. THIRD-PARTY SERVICES, MATERIALS, AND ADVERTISING
The Service may integrate, provide access to, or display content from third-party services, websites, software, advertisements, and other materials ("Third-Party Services" and "Third-Party Materials"). This includes external links, embedded content, and user-generated materials contributed by third parties. While these features may be accessible through the Service, the Company does not control or assume responsibility for the content, functionality, or policies of any Third-Party Services.
No Endorsement or Responsibility
By using the Service, you acknowledge that the Company does not endorse, verify, or assume responsibility for the accuracy, legality, quality, or reliability of any Third-Party Services or Third-Party Materials. Some of this content may be objectionable, offensive, or misleading, and the Company is not liable for any exposure to such material. Any interactions, transactions, or agreements you engage in with third parties through the Service are solely between you and the respective third party. The Company bears no responsibility for any disputes, losses, or issues that may arise from these interactions.
Third-Party Links and Advertising
The Service may include advertisements, sponsored content, or links to third-party websites that are not owned or controlled by the Company. Clicking on third-party links or engaging with external services does not establish any endorsement, affiliation, or sponsorship between the Company and the third party. Any engagement with such content is at your own risk. It is your responsibility to review and comply with the terms, policies, and privacy practices of third-party services before using them. The Company disclaims any liability for how third parties collect, process, or use your data.
No Liability for Third-Party Content
The Company does not monitor, evaluate, or guarantee the accuracy, completeness, or legality of Third-Party Materials. To the fullest extent permitted by law, the Company makes no express or implied warranties regarding third-party content and disclaims all liability for any loss, damage, or harm resulting from your reliance on or use of such content. Some third-party materials may be outdated, misleading, or otherwise unreliable, and you assume full responsibility for any decisions based on this content.
Use of Third-Party Services at Your Own Risk
Accessing Third-Party Services through the Service is entirely voluntary. You assume all risks associated with interacting with third-party content, including potential malware, phishing scams, or deceptive practices. The Company is not responsible for any technical issues, disputes, or damages arising from your engagement with Third-Party Services. By using such services, you waive any claims against the Company related to your interactions with third-party content, advertisements, or external links.
If you encounter harmful, misleading, or offensive third-party content while using the Service, you may report it to the Company. However, the Company is not obligated to investigate, remove, or take action against third-party content unless required by law.
5. SUBSCRIPTION FEES AND PAYMENT
Subscription Options and Purchases
The Service offers subscription-based access to its features and content, which may be purchased either directly from the Company through the Website ("Web Purchase") or via an App Store ("In-App Purchase"). All applicable subscription fees, plans, billing terms, and durations (e.g., weekly, monthly, quarterly, annually) will be displayed on the payment screen or at checkout before payment authorization. Our pricing varies based on a number of factors including, but not limited to, region, bundle, and duration of subscription. Some limited features of the Service may be available free of charge, but full access requires a paid subscription.
Purchases and Payment Processing
Upon completing the request for paid subscription on the Website or in the App, you will be presented with available subscription options, their pricing, durations, and accepted payment methods (e.g., Mastercard, Visa, PayPal, Apple Pay, Google Pay). By selecting a subscription and authorizing the payment, you instruct the applicable payment processor or App Store to charge your selected payment method. Once the payment is validated, you will receive access to the Service.
For Web Purchases, payments are handled by third-party payment processors, which you authorize to charge your selected payment method. These processors handle transaction processing and notify us of successful payments. For In-App Purchases, payments are processed by the App Store, and the respective App Store's terms and policies govern the transaction.
Auto-Renewal and Subscription Continuity
All subscriptions automatically renew unless canceled. The renewal period matches the initial subscription term unless otherwise disclosed at the time of purchase. To avoid renewal, you must cancel your subscription at least 24 hours before the renewal date.
By proceeding with a subscription, you acknowledge that charges will be applied periodically based on the selected billing cycle. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional (introductory) and discount pricing, unless we notify you of a rate change prior to your auto-renewal.
For Web Purchases, cancellation must be completed through the Website's account settings or by following the cancellation instructions provided at the time of purchase. For In-App Purchases, cancellation must be done through the respective App Store's account settings. Deleting the App does not cancel your subscription. Deleting your account does not cancel your subscription.
Free Trials and Promotional Offers
We may offer free trials providing temporary access to the Service. The trial duration and terms will be displayed at sign-up. If you do not cancel before the trial ends, your subscription will automatically convert into a paid subscription, and the applicable fee will be charged.
We do not guarantee reminders before the trial expires. It is your responsibility to track the trial period and cancel if you do not wish to continue. The Company reserves the right to modify, revoke, or restrict trial eligibility at any time.
Promotional Codes
We may provide you with gift cards or promotional codes that can be redeemed for additional features, enhancements, functionalities, content, services within a specified Service and for a limited period of time, subject eligibility requirements (the "Promotional Codes"). Promotional Codes have no cash value, are personal, non-transferable, non-sublicensable, and we are under no obligation to provide any compensation in connection with a Promotional Code.
Changes to Subscription Fees
To the maximum extent permitted by applicable law, we may modify subscription fees at any time. If notification is required under applicable law, we will inform you of pricing changes in the manner and timeframe mandated by regulations. Where no specific timeframe is prescribed, we will provide notice by posting the updated prices in the App, sending an email notification, or using other prominent communication methods. The revised pricing will take effect as specified in the notice.
If you do not agree to the updated fees, you may cancel your subscription before the new pricing takes effect or refrain from prepaying for continued access to the Service.
Failure to Pay and Service Termination
If a payment is declined or not received when due, we may notify you to update your payment method. However, if the issue is not resolved, we reserve the right to suspend or terminate your access to the Service without further notice. Any content, data, or personalized settings associated with your account may be lost, and we are not responsible for restoring them.
6. REFUNDS
Refunds
If you subscribed or started a free trial via the App Store, refund requests are handled directly by Apple. You can submit a request following the instructions on the Apple Support page.
If you subscribed or started a free trial through the Google Play Store or directly via our website, please contact our support team at support@copymind.me for assistance.
When you make the Web Purchase, you acknowledge and agree that all Web Purchases are non-refundable or exchangeable. Notwithstanding anything to the contrary in the foregoing, the Company will provide refunds and/or Web Purchase cancellations in cases and to the extent required by mandatory provisions of the applicable law, as indicated in section 7. The Company may also provide refunds at its own discretion and subject to our policies that may be published from time to time.
App Store refunds are subject to their policies.
Chargebacks and Payment Disputes
If you wish to request a refund for a payment made using a reimbursable method, such as a credit or debit card, we strongly encourage you to contact us first at support@copymind.me before initiating a chargeback with your payment provider. This allows us the opportunity to review your request and attempt to resolve the issue directly.
Refunds, when applicable, are not processed in real-time. If we confirm that a refund has been issued, please allow at least 15 business days for the refund to reflect in your account. You acknowledge that you are not entitled to receive multiple refunds for the same transaction and agree that if you request a refund directly from us, you will not initiate a separate refund request or chargeback through your payment provider unless your request has been denied by us. If you receive duplicate refunds due to separate refund requests, we reserve the right to work with your payment provider to reverse one of those refunds.
Initiating a chargeback or reversing a payment through your bank or payment provider may result in the immediate termination of your account at our sole discretion, as it indicates that you have determined you no longer wish to use our Service. If a chargeback is overturned in our favor, you may contact support@copymind.me to discuss reinstating your account.
As outlined in our Privacy Policy, your personally identifiable information may be shared with our payment processor to assist in responding to chargeback requests.
If you initiate a chargeback or payment dispute, we may suspend or terminate your access to the Service. Fraudulent or improper chargebacks may result in a permanent ban from using the Service and potential legal action.
7. RIGHT OF WITHDRAWAL OR CANCELLATION
The statutory right to cancel or withdraw from these Terms varies by jurisdiction and is governed by applicable consumer protection laws in your country or region of residence. Notwithstanding any provisions to the contrary contained herein, if you are a resident of one of the jurisdictions specified below, the following jurisdiction-specific cancellation and withdrawal rights shall prevail over any conflicting terms in these Terms, to the extent required by applicable law. The Company reserves the right to verify your jurisdiction of residence to determine the applicable cancellation rights. Nothing in these Terms shall be construed to limit or waive any mandatory consumer protection provisions or statutory rights that may apply in your jurisdiction of residence.
EU, EEA and UK Residents
If you are a resident of the European Union, EEA or UK you have the legal right to withdraw from a contract for the purchase of digital services within 14 days of your purchase, without providing any reason and without incurring any additional costs. If you have received access to a free trial, the withdrawal period will expire 14 days from the start of your free trial, rather than from the date of payment. Your withdrawal request will be considered valid if sent before the 14-day withdrawal period expires.
If you exercise your right of withdrawal, we will refund payments, as required by law, without undue delay, and in any event no later than 14 days from the date we receive your withdrawal notice.
Early Expiration of the Right of Withdrawal
If you have expressly consented to the immediate supply of the Service before the expiration of the withdrawal period and acknowledged that you will lose your right to withdraw, you will not be eligible for a refund for any digital content that has already been delivered. In the case of digital services, you may be eligible for a proportional refund, based on the portion of the Service provided before your withdrawal request. If this provision applies, we will provide you with confirmation of your prior express consent and acknowledgment on a durable medium.
Other Jurisdictions with Cancellation and Withdrawal Rights
Residents of certain other jurisdictions may have the right to cancel as required by local law. We will honor such cancellation rights.
Exercise of Cancellation and Withdrawal
To exercise your cancellation or withdrawal right, you must notify us by email at support@copymind.me stating your decision to cancel or withdraw from the Terms. If you reside in the European Union, EEA or UK, you may use the model withdrawal form provided below, it is not mandatory.
Unless otherwise is required by law, indicated in these Terms, or you have expressly agreed otherwise we will make the refund according to our refund section and without undue delay using the same means of payment as you used for the initial transaction. You will not incur any fees as a result of the reimbursement.
Model Withdrawal Form for EU, EEA or UK Residents
To: COPYMIND, email: support@copymind.me
Subject: Exercise of Right of Withdrawal
I hereby notify you of my withdrawal from the contract for the purchase of the following service:
Service Name:
Date of Purchase / Free Trial Start:
Full Name:
Email Address:
Payment Method Used:
Date of Request:
(Signature required if submitted by mail)
8. USER REPRESENTATION AND RESTRICTIONS
By accessing or using the Service, you confirm that:
- You have the legal capacity to enter into and comply with these Terms.
- You are at least 18 years old and legally permitted to use the Service.
- You will not access the Service through automated or non-human means, including bots, scripts, or similar methods.
- You will not use the Service for any unlawful, fraudulent, or unauthorized purpose.
- You are not located in a country subject to U.S. government embargo restrictions or designated as a terrorist-supporting nation.
- You are not listed on any U.S. government list of prohibited or restricted persons.
- Your use of the Service complies with all applicable laws and regulations.
If any information you provide is false, misleading, outdated, or incomplete, we reserve the right to deny or terminate your current or future access to the Service.
Permitted Use of the Service
The Service is made available for its intended purposes only. You may not use the Service for any unauthorized, commercial, or competitive activities unless expressly approved by us.
Prohibited Conduct
You shall not engage in any of the following activities when using the Service:
Account Integrity and Misrepresentation
- Misrepresent your identity, age, or affiliations with any person or entity;
- Create or maintain multiple accounts on the Service;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; or
- Access the Service using another user's account or credentials.
Artificial Intelligence Usage
When using or interacting with your Digital Twin:
- Use the Digital Twin to impersonate or misrepresent yourself to third parties, including: (i) presenting AI-generated communications as your own human communications; (ii) using the Digital Twin to create false identities; or (iii) attributing AI-generated content to yourself in professional, legal, medical or financial contexts;
- Rely on the Digital Twin for critical decisions without appropriate verification, including: (i) medical or health-related decisions without professional consultation; (ii) financial or investment decisions without independent verification; or (iii) decisions materially affecting the safety or well-being of any person;
- Direct or instruct the Digital Twin to: (i) facilitate planning or execution of illegal activities; (ii) generate content that violates applicable laws; or (iii) circumvent legal restrictions through automated planning or assistance;
- Present AI-generated insights to others as: (i) independently verified factual information; (ii) human-created content without proper disclosure; or (iii) authoritative statements on matters requiring professional expertise;
- Attempt to: (i) extract data from the Digital Twin through systematic questioning; (ii) reverse engineer the underlying AI models or algorithms; or (iii) replicate or create derivative products based on the Company's proprietary AI technology.
The Company may monitor usage patterns and reserves the right to suspend or terminate access to any user engaging in activities that appear designed to abuse, manipulate, or misuse the Digital Twin functionality.
Privacy and Data Protection
- Disseminate another person's personal information without authorization;
- Solicit passwords or personal information from other users for commercial or unlawful purposes;
- Collect, scrape, or systematically retrieve data or content from the Service to create any database, compilation, or directory without the Company's express written permission; or
- Use the Service to track a person's location, emotional state, or communications without their explicit consent.
Intellectual Property and Service Integrity
- Use content, information, or materials from the Service to train, develop, fine-tune, or improve any automated systems or algorithmic processes (including artificial intelligence systems or models), regardless of purpose;
- Decompile, disassemble, reverse-engineer, or otherwise attempt to access the source code of any part of the Service;
- Circumvent, disable, or interfere with security features or access restrictions of the Service;
- Make the Service accessible over a network that allows multiple devices or users to access it simultaneously, unless expressly permitted by the Company;
- Frame, embed, or link to the Service without prior written authorization; or
- Develop, launch, or operate any service that competes with the Service.
Technical Abuse and Security
- Interfere with or disrupt the Service, networks, or servers connected to the Service;
- Create an undue burden on the Company's infrastructure;
- Upload, transmit, or distribute malware, viruses, worms, trojans, or other harmful software;
- Use any automated system (including but not limited to bots, spiders, scrapers, or cheat utilities) to access or interact with the Service; or
- Attempt to probe, scan, or test the vulnerability of the Service or any associated system or network.
Commercial Restrictions
- Use the Service for commercial or revenue-generating endeavors, unless explicitly approved in writing by the Company;
- Use the Service in connection with fraud, pyramid schemes, or similar practices;
- Send unsolicited commercial communications or engage in spam-related activities; or
- Use the Company's proprietary information, intellectual property, or interfaces to develop, license, or distribute applications, accessories, or other related products.
Content Standards
Upload, post, or transmit any User Content that:
- depicts or promotes child exploitation, abuse, or harmful content involving minors;
- incites violence, promotes terrorism, or advocates hateful conduct;
- is sexually explicit or pornographic;
- is designed to harm, manipulate, deceive, or harass others;
- spreads misinformation or deceptive content; or
- promotes self-harm, suicide, or harmful activities.
General Prohibitions
- Engage in any activity that may harm, tarnish, or damage the reputation of the Company or the Service;
- Use the Service to violate any applicable laws or regulations; or
- Attempt to do any of the foregoing or assist, encourage, or enable any person to engage in any of the foregoing.
The Company reserves the right to investigate and take appropriate legal action against anyone who, in the Company's sole discretion, violates this section, including without limitation, suspending or terminating the accounts of such violators and reporting them to law enforcement authorities.
Respectful Conduct Towards Customer Support
We expect all users to interact with our customer support team in a respectful and professional manner. If at any time your communication or behavior is deemed harassing, abusive, threatening, or offensive, we reserve the right to terminate your account immediately.
9. DISCLAIMER OF WARRANTIES
General Disclaimers
EXCEPT TO THE EXTENT PROHIBITED BY LAW OR OTHERWISE INAPPLICABLE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE AND ANY PRODUCTS OR CONTENT PROVIDED THROUGH IT ARE MADE AVAILABLE "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND RELIABILITY OF CONTENT OR DATA.
IN PARTICULAR, WE DO NOT WARRANT THAT:
- The Service will meet your expectations or requirements;
- The Service will be uninterrupted, secure, error-free, or free from technical issues;
- The results obtained from using the Service will be accurate, reliable, or error-free;
- The quality of any content, features, or services will meet your expectations;
- Any defects or errors will be corrected promptly or at all.
ANY MATERIAL, DATA, OR INFORMATION OBTAINED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA RESULTING FROM YOUR USE OF THE SERVICE.
WE DO NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USING THE SERVICE. BY USING THE SERVICE, YOU ACCEPT THE INHERENT RISKS OF SERVICE INTERRUPTIONS, TECHNICAL FAILURES, AND POTENTIAL DATA LOSS.
NATURE AND FUNCTIONALITY OF SERVICE
THE SERVICE GENERATES AN AI-POWERED DIGITAL TWIN THAT REPLICATES YOUR PERSONALITY BASED ON INFORMATION YOU PROVIDE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- THE DIGITAL TWIN IS A SIMULATION ONLY AND DOES NOT CONSTITUTE OR REPRESENT YOUR ACTUAL CONSCIOUSNESS, IDENTITY, OR PERSONHOOD;
- ANY OUTPUTS, INSIGHTS, RECOMMENDATIONS, OR DECISIONS GENERATED BY THE DIGITAL TWIN ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SHALL NOT BE CONSIDERED DEFINITIVE, ACCURATE, COMPLETE, OR RELIABLE;
- THE COMPANY DOES NOT REPRESENT OR WARRANT THAT: (i) THE DIGITAL TWIN OR ANY AI SYSTEM OUTPUTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (ii) THE DIGITAL TWIN OR AI SYSTEM OUTPUTS WILL BE FREE FROM ERRORS, INACCURACIES, OR INCONSISTENCIES; OR (iii) THE DIGITAL TWIN OR AI SYSTEM OUTPUTS WILL BE FREE FROM CONTENT THAT INFRINGES THIRD PARTY RIGHTS, INCLUDING WITHOUT LIMITATION PRIVACY AND INTELLECTUAL PROPERTY RIGHTS;
- THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE DIGITAL TWIN OR SYSTEM WILL BE FREE FROM THIRD PARTY INTERFERENCE OR OTHERWISE SECURE;
- YOU SHALL, AT ALL TIMES, BE SOLELY RESPONSIBLE FOR: (i) EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL AI SYSTEM OUTPUTS; (ii) EXERCISING INDEPENDENT JUDGMENT WHEN USING AI SYSTEM OUTPUTS; AND (iii) ANY DECISIONS OR ACTIONS TAKEN BASED ON SUCH OUTPUTS;
- THE COMPANY SHALL HAVE NO LIABILITY WHATSOEVER FOR: (i) ANY DECISION YOU MAKE BASED ON OR INFLUENCED BY THE DIGITAL TWIN OR AI SYSTEM OUTPUTS; (ii) ANY INACCURACIES, ERRORS, OR OMISSIONS IN AI SYSTEM OUTPUTS; OR (iii) ANY DAMAGES ARISING FROM YOUR USE OF THE DIGITAL TWIN OR AI SYSTEM OUTPUTS; AND
- YOU SHALL NOT USE THE DIGITAL TWIN OR AI SYSTEM OUTPUTS TO MAKE DECISIONS RELATED TO MEDICAL, HEALTH, LEGAL, FINANCIAL, OR OTHER SPECIALIZED MATTERS WITHOUT CONSULTING A QUALIFIED PROFESSIONAL.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE DIGITAL TWIN AND ALL AI SYSTEM OUTPUTS.
NO PROFESSIONAL OR MEDICAL ADVICE
ANY INFORMATION OR STATEMENTS AVAILABLE THROUGH THE SERVICE ARE FOR INFORMATIONAL AND GENERAL PURPOSES ONLY. THEY ARE NOT INTENDED TO REPLACE OR SUBSTITUTE FOR PROFESSIONAL FINANCIAL, MEDICAL, LEGAL, OR OTHER SPECIALIZED ADVICE.
THE COMPANY DOES NOT REPRESENT OR WARRANT THAT ANY INFORMATION PROVIDED THROUGH THE SERVICE IS RELIABLE, COMPLETE, OR SUITABLE FOR YOUR SPECIFIC NEEDS. YOU ACKNOWLEDGE THAT ANY DECISIONS MADE BASED ON INFORMATION PROVIDED THROUGH THE SERVICE ARE YOUR SOLE RESPONSIBILITY, AND IF YOU REQUIRE PROFESSIONAL ADVICE, YOU SHOULD CONSULT A QUALIFIED SPECIALIST.
THE COMPANY IS NOT A HEALTHCARE OR MEDICAL DEVICE PROVIDER, NOR SHALL THE SERVICES BE CONSIDERED MEDICAL CARE, MENTAL HEALTH SERVICES, OR OTHER PROFESSIONAL SERVICES. ONLY YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER CAN PROVIDE SUCH SERVICES.
NOTWITHSTANDING ANY RESEARCH OR EVIDENCE THAT CERTAIN CONVERSATION TECHNIQUES IMPLEMENTED IN THE SERVICE MAY ASSIST IN THE RECOVERY PROCESS FOR VARIOUS CONDITIONS, THE COMPANY MAKES NO CLAIMS, REPRESENTATIONS, OR GUARANTEES THAT THE SERVICES PROVIDE ANY THERAPEUTIC BENEFIT.
EMERGENCY SITUATIONS
THE SERVICE IS NOT DESIGNED OR INTENDED FOR EMERGENCY USE. IF YOU EXPERIENCE A MEDICAL OR MENTAL HEALTH EMERGENCY, INCLUDING THOUGHTS OF SUICIDE, SELF-HARM, OR HARM TO OTHERS, YOU SHALL IMMEDIATELY: (I) DISCONTINUE USE OF THE SERVICE; AND (II) CONTACT APPROPRIATE EMERGENCY SERVICES OR SEEK PROFESSIONAL HELP.
YOU ACKNOWLEDGE THAT THE SERVICE CANNOT PROVIDE EMERGENCY ASSISTANCE OR CRISIS INTERVENTION. THE COMPANY EXPRESSLY DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF OR RELIANCE ON THE SERVICE IN EMERGENCY SITUATIONS OR AS A SUBSTITUTE FOR PROFESSIONAL EMERGENCY OR CRISIS SERVICES.
Service Modifications and Updates
We reserve the right to update, modify, or discontinue any aspect of the Service, including features, content, and availability, at any time, with or without notice. This includes changes to: The information provided on our website and mobile applications; The availability or functionality of any Service feature; The pricing, structure, or terms of use of the Service.
We are not responsible for any loss or inconvenience resulting from modifications, suspensions, or discontinuations of any part of the Service.
Consumer Protection and Non-Waivable Rights
Nothing in these Terms shall exclude or limit any consumer rights that cannot be waived under applicable law. If you are entitled to statutory rights under the laws of your country of residence, those rights remain unaffected by these disclaimers.
10. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE (INCLUDING OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR ANY OTHER LOSSES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, PRODUCTS, OR ANY THIRD-PARTY ADS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR ACCESS TO AND USE OF THE SERVICE (INCLUDING THE APP, CONTENT, AND USER CONTENT) AND THIRD-PARTY ADS ARE AT YOUR OWN RISK. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR USE OF THE SERVICE.
Limitation of Aggregate Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, PRODUCTS, OR CONTENT SHALL BE LIMITED TO THE TOTAL AMOUNT PAID BY YOU TO US FOR ACCESS TO THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR IF GREATER, ONE HUNDRED EURO (€ 100).
THESE LIMITATIONS OF LIABILITY FORM A FUNDAMENTAL BASIS OF THE AGREEMENT BETWEEN YOU AND THE COMPANY. WITHOUT THESE LIMITATIONS, WE WOULD NOT BE ABLE TO OFFER THE SERVICE UNDER THE SAME TERMS.
Waiver of Unknown Claims (California Residents)
IF YOU ARE A RESIDENT OF CALIFORNIA, YOU EXPRESSLY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." BY ACCEPTING THESE TERMS, YOU RECOGNIZE AND AGREE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE CURRENTLY UNKNOWN OR UNSUSPECTED.
Jurisdiction-Specific Exceptions
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY, INCLUDING FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT ANY PART OF THESE LIMITATIONS IS FOUND TO BE UNENFORCEABLE UNDER APPLICABLE LAW, THE REMAINING LIMITATIONS SHALL STILL APPLY TO THE MAXIMUM EXTENT PERMITTED.
IF ANY REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE, ALL REMAINING LIMITATIONS OF LIABILITY SHALL STILL APPLY. ADDITIONAL CONSUMER RIGHTS MAY APPLY DEPENDING ON YOUR JURISDICTION.
11. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, along with its affiliates, parent companies, officers, employees, agents, partners, licensors, contractors, successors, and assigns (each, an "Indemnitee"), from and against any losses, damages, liabilities, claims, demands, judgments, settlements, penalties, fines, costs, and expenses of any kind—including, but not limited to, reasonable attorneys' fees and professional fees—arising directly or indirectly from:
- User Content, including any claims that such content infringes upon third-party rights or violates applicable laws.
- Your breach of these Terms, whether by you or anyone using your account or device.
- Your access to or use of the Service, including any actions taken on the platform.
- Your violation of any applicable law, regulation, or third-party rights, including intellectual property, privacy, or proprietary rights.
- Any claims related to property damage, personal injury, bodily harm, or death resulting from your use of the Service in violation of these Terms.
The Company reserves the right to assume full control of the defense, negotiation, and settlement of any claim for which you are required to indemnify us. You agree to fully cooperate with our defense efforts and acknowledge that we have the sole discretion to select legal counsel and strategy in such matters. You may not settle any claim that imposes liability or obligations on the Company without our prior written consent.
12. INTERNATIONAL USE
The Company makes no representation that the Service is accessible, appropriate or legally available for use in your jurisdiction, and accessing and using the Service is prohibited from territories where doing so would be illegal. You access the Service at your own initiative and are responsible for compliance with local laws.
13. INFORMAL DISPUTE RESOLUTION PROCEDURES AND ARBITRATION
PLEASE READ THIS PROVISION CAREFULLY TO ENSURE THAT YOU UNDERSTAND—THIS SECTION CONTROLS HOW DISPUTES BETWEEN YOU AND THE COMPANY WILL BE ADDRESSED.
BY AGREEING TO THIS PROVISION, YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT AND YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL.
YOU ARE ALSO AGREEING TO RESOLVE ALL DISPUTES BETWEEN YOU AND THE COMPANY THROUGH BINDING ARBITRATION UNLESS YOU EXERCISE YOUR RIGHT TO REJECT ARBITRATION AS PROVIDED BELOW.
You and Antipadia Enterprises Limited ("we" or the "Company") agree to resolve all Disputes (including any related disputes involving the Company, its subsidiaries, or its affiliates) through binding arbitration, as described below, except for: (i) claims that fall within the jurisdiction of a small claims court, provided such claims are not class action disputes and also meet the court's jurisdictional and monetary limits; and (ii) disputes related to intellectual property rights. A "Dispute" means any claim, controversy, or legal action—whether arising from past, present, or future events, and based on contract, tort, statute, or common law—between you and the Company regarding the Website, Services, or this agreement (the "Arbitration Agreement"). "Dispute" also includes disputes about the interpretation, applicability, or enforceability of these terms or the formation of this Arbitration Agreement, including whether any part of it is invalid or unenforceable.
Mandatory Pre-Filing Notice Procedure
You and we agree that good faith, informal efforts to resolve disputes often result in a faster, inexpensive outcome. Therefore, if you intend to assert a claim for any Dispute (as defined above) against the Company, you must first send the Company a written notice of the Dispute ("Notice") that gives the Company some basic information about you and the Dispute. Any Notice must include (i) your name, address, and email address, (ii) a detailed description of your Dispute; (iii) any relevant facts regarding your use of the Website and Service (including your account ID, profile screenshots, and anything else that will help us identify your account; (iv) a detailed description of the relief you are seeking, including a calculation of any money damages you are seeking; and (v) a personally signed statement from you (and not your attorney) verifying the accuracy of the information in Notice. The Notice must be individualized, meaning it can concern only your dispute and no other person's dispute. If you are filling out a Notice for another person, you must include all information described above, and also a statement describing your relationship to the person and why the person is unable to fill out the Notice for themselves.
You must send the Notice to the Company at the following address: Antipadia Enterprises Limited, 46 Lykavitou, Egkomi, 2401, Nicosia, Cyprus, Attention: Legal.
If we need to send you a Notice, we will send the Notice to you at the contact information we have available for you, which may include, if applicable, the contact information associated with your account.
After we receive a Notice, you and us agree to engage in good faith efforts to resolve the Dispute between us for a period of 60 days through informal negotiation. The 60-day period can be extended if you and we agree that such an extension is likely to lead to resolution. As part of the informal negotiation process, you and we agree that we will both attend at least one individualized video conference ("Video Conference"). The Video Conference can be via Zoom, Microsoft Teams, WhatsApp, or any other similar platform that you and we agree on and that we both have access to. The Video Conference can be held after the 60-day period, if necessary. If you are represented by an attorney in your Dispute, your attorney may participate in the Video Conference, but you are still required to attend and participate in good faith. The Company is also required to participate in the Video Conference by sending one or more of its representatives, and the Company may also send one or more of its attorneys. If you are unable to participate in the Video Conference by video, you may attend telephonically if you certify in writing that circumstances exist that prevent you from appearing by video (such as your lack of access to phone with a working camera or your inability to connect to a stable internet connection). You and we agree that we (and our attorneys, if represented) shall work cooperatively to schedule the Video Conference at the earliest mutually-convenient time after we receive a Notice. You and we also agree to use our best efforts to resolve the Dispute at the Video Conference. If you and we cannot resolve the issues identified in the Notice within 60 days after the completed Notice is received (or a longer time if agreed), you or we may commence an arbitration proceeding or a small claims court proceeding.
Compliance with these Informal Dispute Resolution Procedures is Mandatory and Pre-Filing Notice procedures (including the Video Conference requirement) are a condition precedent to initiating any arbitration or small claims court action. Failure to follow the procedures is a breach of this Arbitration Agreement.
The Mandatory Pre-Filing Notice procedures are essential so that you and the Company have a meaningful opportunity to resolve Disputes in an inexpensive and efficient manner. Unless prohibited by applicable law, the arbitration provider shall not accept or administer any demand for arbitration unless the party bringing the demand for arbitration certifies in writing that the Mandatory Pre-Filing Notice procedures (including the Video Conference requirement) were fully satisfied. If the party bringing the demand for arbitration fails to include a written certification that the Pre-Filing Notice procedures (including the Video Conference) were met, then the arbitration forum shall administratively close the demand for arbitration and no fees shall be due from the responding party. A court of competent jurisdiction shall have authority to enforce this provision and to enjoin any arbitration proceeding or small claims court action accordingly.
All offers, promises, conduct, and statements made in the course of the Mandatory Pre-Filing Notice process by any party, its agents, employees, and attorneys are confidential and not admissible for any purpose in any subsequent proceeding (except as required to certify in writing that the Mandatory Pre-Filing Notice procedures were completed before submitting a demand for arbitration). Evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable by this section.
Small Claims Court
Subject to applicable jurisdictional requirements and Mandatory Pre-Filing Notice requirements explained above, you or the Company may elect to pursue a Dispute in a local small claims court rather than through arbitration, so long as the matter remains in small claims court and proceeds only on an individual basis. If a party has already submitted an arbitration demand, the other party may, in its sole discretion, inform the arbitral forum that it chooses to have the Dispute heard in small claims court. At that time, the arbitral forum will administratively close the arbitration and the Dispute will be heard in the appropriate small claims court, with no fees due from the arbitration respondent.
What is Arbitration?
Arbitration is a more informal way to resolve our disagreements than a lawsuit in court. For instance, arbitration uses a neutral arbitrator instead of a judge or jury, involves more limited discovery, and is subject to very limited review by courts. Although the process is more informal, arbitrators can award some of the same individualized damages and relief that a court can award. An arbitrator cannot, however, order a party to act or stop doing something—this is known as "equitable relief." Either you or we can go to court and seek equitable relief, including by filing a motion to compel the other party to follow this Arbitration Agreement. However, you and we agree that the only courts where we will seek equitable relief are the state and federal courts in Delaware. This exception for equitable relief does not waive this Arbitration Agreement. You and we agree that the U.S. Federal Arbitration Act and federal arbitration law govern the interpretation and enforcement of this provision. A court of competent jurisdiction has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. This arbitration provision shall survive termination of these terms and the termination of your account.
CLASS ACTION AND JURY TRIAL WAIVER
TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU AND THE COMPANY WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT IN FAVOR OF ARBITRATION (EXCEPT FOR SMALL CLAIMS COURT DESCRIBED ABOVE). YOU AND THE COMPANY EACH WAIVE THE RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION LAWSUIT AGAINST THE OTHER, INCLUDING ANY CURRENTLY PENDING ACTIONS AGAINST THE COMPANY. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE LITIGATED IN COURT ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED BASIS.
EXCEPT FOR THE MASS FILING PROCEDURES DESCRIBED BELOW, YOU AND WE AGREE THAT THE ARBITRATOR MAY ONLY AWARD FINAL RELIEF IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE FINAL RELIEF WARRANTED BY THAT INDIVIDUAL PARTY'S CLAIM. THE ARBITRATOR MAY NOT AWARD FINAL RELIEF FOR, AGAINST, OR ON BEHALF OF ANYONE WHO IS NOT A PARTY TO THE ARBITRATION ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. IF A COURT DETERMINES THAT ANY OF THE PROHIBITIONS IN THIS PARAGRAPH ARE UNENFORCEABLE FOR A PARTICULAR CLAIM OR REQUEST FOR RELIEF, AND ALL APPEALS OF THAT DECISION ARE AFFIRMED AND SUCH DECISION BECOMES FINAL, THEN YOU AND THE COMPANY AGREE THAT THAT PARTICULAR CLAIM OR REQUEST FOR RELIEF SHALL PROCEED IN COURT BUT SHALL BE STAYED PENDING INDIVIDUAL ARBITRATION OF THE REMAINING CLAIMS FOR RELIEF THAT YOU HAVE BROUGHT. IF THIS SPECIFIC PARAGRAPH IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION (EXCEPT FOR THE JURY TRIAL WAIVER AND THE INFORMAL DISPUTE RESOLUTION PROCEDURE) SHALL BE NULL AND VOID.
Arbitration Procedure
The arbitration will be governed by applicable rules of National Arbitration & Mediation ("NAM") (including the Comprehensive Dispute Resolution Rules and Procedures and the Supplemental Rules for Mass Arbitration Filings, as applicable) ("NAM Rules"), as modified by this Arbitration Agreement, and will be administered by NAM. The NAM Rules are available online at www.namadr.com or by requesting them in writing at the Notice address listed above. You may obtain a form to initiate arbitration with NAM at: https://www.namadr.com/content/uploads/2024/03/Comprehensive-Demand-for-Arb-revised-3.21.2024.pdf or by contacting NAM.
If NAM is unavailable or unwilling to do so, another arbitration provider shall be selected by the parties that will do so, or if the parties are unable to agree on an alternative administrator, by the court pursuant to 9 U.S.C. §5.
You and we agree that the party initiating arbitration must submit a written certification that they have complied with and completed the Mandatory Pre-Filing Notice and Informal Dispute Resolution Procedures requirements enclosed with any demand for arbitration. The demand for arbitration and certification must be personally signed by the party initiating arbitration (and their attorney, if represented).
The arbitration will be in English. A single independent and impartial arbitrator will be appointed remotely pursuant to the NAM Rules, as modified herein. You and the Company agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (i) the arbitration will be conducted online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties or the arbitrator decides that a formal hearing is necessary.; and (iii) any judgment on the award the arbitrator renders may be entered in any court of competent jurisdiction.
If an in-person hearing is required and you reside in the United States, the hearing will take place in either Delaware, unless the arbitrator determines that this would pose a hardship for you, in which case the in-person hearing may be conducted in the claimant's state and county of residence. If you reside outside the United States, the site of any in-person hearing will be determined by the NAM Rules.
The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator will apply the laws of the State of Florida in conducting the arbitration. You acknowledge that these terms and your use of the Service evidences a transaction involving interstate commerce. The United States Federal Arbitration Act will govern the interpretation, enforcement, and proceedings.
The Arbitrator is bound by and shall adhere to this Arbitration Agreement. In the event NAM Rules conflict with this Arbitration Agreement, the terms of this Arbitration Agreement shall control. If the Arbitrator determines that strict application of any term of this Arbitration Agreement would result in a fundamentally unfair arbitration, then the Arbitrator shall have the authority to modify such term to the extent necessary to ensure a fundamentally fair arbitration that is consistent with efficient and inexpensive resolution of Disputes.
Unless you and Company otherwise agree, the arbitration will be conducted virtually via video or teleconference.
Decision of the Arbitrator
Barring extraordinary circumstances, the arbitrator will issue their decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential, and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim.
The arbitration award is binding only between you and the Company and will not have any preclusive effect in another arbitration or proceeding that involves a different party.
Fees
The payment of arbitration fees (the fees imposed by the arbitration administrator including filing, arbitrator, and hearing fees) will be governed by the applicable NAM Rules, unless you qualify for a fee waiver under applicable law. If after exhausting any potentially available fee waivers, the arbitrator finds that the arbitration fees will be prohibitive for you as compared to litigation, we will pay as much of your filing, arbitrator, and hearing fees in the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous or brought for an improper purpose or asserted in bad faith.
You and we agree that arbitration should be cost-effective for all parties and that any party may engage with NAM to address the reduction or deferral of fees.
Confidentiality
Upon either your or our request, the Arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal.
Settlement Offers and Offers of Judgment
At least ten (10) calendar days before the date set for the arbitration hearing, you or the Company may serve a written offer of judgment upon the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitration provider, who shall enter judgment accordingly. If the offer is not accepted prior to the arbitration hearing or within thirty (30) calendar days after it is made, whichever occurs first, it shall be deemed withdrawn, and cannot be given as evidence in the arbitration. If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party's costs from the time of the offer (which, solely for purposes of offers of judgment, may include reasonable attorneys' fees to the extent they are recoverable by statute, in an amount not to exceed the damages awarded).
The parties agree that any disputes with respect to settlement offer(s) or offer(s) of judgment in a Mass Filing are to be resolved by a single arbitrator to the extent such offers contain the same material terms. For arbitrations involving represented parties, the represented parties' attorneys agree to communicate individual settlement offer(s) or offer(s) of judgment to each and every arbitration claimant or respondent to whom such offers are extended.
Additional Procedures for Mass Arbitration Filings
The following provisions set forth additional procedures that apply to mass arbitration filings. If ten (10) or more similar claims are asserted against the Company by the same or coordinated attorneys or are otherwise coordinated, consistent with the definition and criteria of "Mass Filings" set forth in the NAM Rules, you and we understand and agree that these additional procedures shall apply and the resolution of your dispute might be delayed. You and we agree that throughout this process, our attorneys shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Filing. You and we agree to make all reasonable efforts to maximize the integrity and efficiency of arbitration to resolve Disputes between us, particularly those involving Mass Filings, and further commit to acting in good faith to adhere to the procedures established in this section. The parties further agree that application of these Mass Filing procedures have been reasonably designed to result in an efficient and fair adjudication of claims.
Bellwether Arbitrations for Mass Filings.
Bellwether proceedings are encouraged by courts and arbitration administrators where there are multiple disputes involving similar claims against the same or related parties. The parties shall select ten individual arbitration claims (five per side), designated as the "Initial Test Cases," to proceed to arbitration. Only the Initial Test Cases shall be filed with the arbitrator. All other claims shall be held in abeyance. This means that the filing fees will be paid only for the Initial Test Cases; for all other demands for arbitration in a Mass Filing, the filing fees (together with any arbitrator consideration of the other demands) will be held in abeyance, and neither you nor the Company will be required to pay any such filing fees. You and the Company also agree that neither you nor we shall be deemed to be in breach of this Arbitration Agreement for failure to pay any such filing fees, and that neither you nor we shall be entitled to any contractual, statutory, or other remedies, damages, or sanctions of any kind for failure to pay any such filing fees. If, pursuant to this subsection, a party files non-Bellwether Arbitrations with the arbitration provider, the parties agree that the arbitration provider shall hold those demands in abeyance and not refer them to the arbitrator pending resolution of the Initial Test Cases. Unless the claims are resolved in advance or the schedule is extended, the arbitrators will render a final award for the Initial Test Cases within 120 days of the initial pre-hearing conference.
Global Mediation in Mass Filings.
Following the resolution of the Initial Test Cases, the parties agree to engage in a global mediation of all the remaining individual arbitration claims comprising the Mass Filing ("Global Mediation"), deferring any filing costs associated with the non-Initial Test Cases until the Initial Test Cases and subsequent Global Mediation have concluded. After the final awards are provided to the mediator in the Initial Test Cases, the mediator and the parties shall have 90 days to agree upon a substantive methodology and make an offer to resolve the outstanding cases. If the Parties are unable to resolve the outstanding claims during the Global Mediation, the Parties may choose to opt out of the arbitration process and proceed in court with the remaining claims. Notice of the opt-out shall be provided in writing within 60 days of the close of the Global Mediation. Absent notice of an opt-out, the arbitrations may then be filed and administered by the arbitration provider. You and we also acknowledge that any applicable statute of limitations shall be tolled pending resolution of the global mediation process.
Severability.
If any part of this Mass Arbitration provision is declared invalid, void, or unenforceable, then that provision is severable from the Arbitration Agreement and shall not affect the validity and enforceability of the remaining provisions.
14. OPTING OUT OF THIS ARBITRATION AGREEMENT
Existing Users.
Users who previously agreed to arbitrate may reject this updated Arbitration Agreement by following the opt-out method below, but such users will still be bound by the most recent prior version of the Arbitration Agreement and will otherwise be bound by these terms. Previous or existing users who do not opt out of this updated Arbitration Agreement will be bound by this Arbitration Agreement and it shall apply to all disputes between such users and the Company, including those arising (but not actually filed in arbitration) before the effective date of these terms. Arbitration demands that have already been filed with an arbitration provider before the effective date of this Arbitration Agreement and in compliance with a prior version of this Arbitration Agreement are subject to the prior version's terms.
New Users.
Users who create an account with the Company for the first time on or after 20 May, 2025 may opt out of this Arbitration Agreement.
Method and Impact of Opting Out.
Subject to the above, you may opt out of this Arbitration Agreement by sending written notice of your decision to opt out to support@copymind.me within 31 days from the later of the following dates: 1) the date you first use or attempt to use the Services, or 2) the date the Arbitration Agreement became effective as indicated in the "Last Updated" date of the terms, whichever is later. Your notice must include: Your name; Your username (if any); The email address you used to set up your account (if you have one); An unequivocal statement that you want to opt out of this Arbitration Agreement.
If you opt out of this Arbitration Agreement, all other parts of the terms and any other agreements between you and the Company will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Arbitration Agreement Survival.
This Arbitration Agreement will survive the termination of your relationship with the Company, including any revocation of consent or other action by you to end your participation in the Service or any communication with the Company.
Severability:
If any portion of this Arbitration Agreement is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The remainder of this Arbitration Agreement shall continue to be enforceable and valid according to the terms contained herein.
15. GOVERNING LAW
The laws of the State of Florida, excluding its conflicts of law rules, govern this Agreement and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. To the extent that any action relating to any dispute hereunder is shall be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in Delaware, and you hereby irrevocably submit to personal jurisdiction in such courts, and waive any defence of inconvenient forum.
EEA OR UK RESIDENTS
Nothing in these Terms shall deprive you of the consumer protection rights granted by the mandatory laws of your country of residence.
If you have a complaint, please contact us at support@copymind.me. The Company does not participate in any alternative dispute resolution scheme, except as required by law.
If a dispute arises under these Terms, you may bring legal proceedings before the competent courts of your habitual residence in the EEA or UK, and these courts shall have exclusive jurisdiction over the dispute. The Company shall also submit any disputes to the courts in your country of habitual residence.
These Terms, the Service, and any dispute between you and the Company shall be governed by the laws of England and Wales, excluding its conflict of law provisions.
CALIFORNIA RESIDENT
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
16. LIMITATION ON CLAIMS PERIOD
You agree that, regardless of any statute or law to the contrary or any applicable dispute resolution process, any claim or cause of action arising from or related to the use of the Service or these Terms must be filed within one (1) year from the date the claim or cause of action first arose. Failure to do so will result in your claim being permanently barred.
The provisions of this section, titled "Limitation on Claims Period", constitute a separate legally binding agreement between you and the Company.
17. MISCELLANEOUS PROVISIONS
No failure or delay by the Company in exercising any of its rights under these Terms shall be deemed a waiver of such rights, nor shall any partial exercise of rights prevent the further enforcement of those or any other rights under these Terms. A waiver of any provision shall not constitute a waiver of any subsequent breach or default.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remainder of these Terms shall remain in full force and effect. The invalid or unenforceable provision shall be modified or replaced to the extent necessary to make it valid and enforceable while maintaining the intent of the parties to the fullest extent permitted by law.
These Terms constitute the entire agreement between you and the Company regarding the subject matter herein and supersede all prior agreements, understandings, and representations, whether written or oral. No modifications or amendments to these Terms shall be binding unless made in writing and agreed upon by both parties.
The Company may assign or transfer its rights and obligations under these Terms to any other entity, including through merger, acquisition, corporate restructuring, or novation. By continuing to use the Service, you consent to any such transfer or assignment, and a notice posted on the Service indicating the change shall constitute valid notification.
All communications between you and the Company, including notices, disclosures, and agreements, shall be conducted electronically. You acknowledge that electronic communications, including emails, platform notifications, and digital agreements, hold the same legal weight as written documents and constitute a legally binding contract. By clicking buttons labelled "SUBMIT," "CONTINUE," "REGISTER," or "I AGREE", you affirm your intent to be legally bound by these Terms and acknowledge that your electronic submission constitutes a valid electronic signature.
The Company utilizes third-party providers to facilitate various operational and technical functions, including but not limited to payment processing, customer support, security enhancements, and data management. By using the Service, you acknowledge and agree that these third-party service providers may assist in delivering the Service and enhancing its functionality.
The Company shall not be liable for any failure or delay in complying with these Terms where such failure arises from circumstances beyond its reasonable control, including but not limited to force majeure events, legal or regulatory changes, cyberattacks, or unforeseen operational disruptions.
Contact Information
For general inquiries or support, you may contact us at: 📧 support@copymind.me
For legal matters, please contact our legal department at: 📧 legal@copymind.me
For privacy-related inquiries, please contact our data protection team at: 📧 privacy@copymind.me
By continuing to use the Service, you acknowledge that you have read, understood, and agreed to these Terms in their entirety.
18. NOTICE REGARDING APPLE
If you access the Service through the Apple Inc. ("Apple") App Store or use the Service on an iOS device, you acknowledge that you have read, understood, and agree to the following:
Acknowledgment.
These Terms are between you and the Company only, not with Apple. Apple is not responsible for the Service or its content.
Scope of License.
The license granted to you is personal, limited, non-exclusive, and non-transferable, permitting you to install and use the Service only on iOS devices you own or control, strictly for personal, non-commercial purposes and subject to Apple's App Store Terms of Service.
Maintenance and Support.
The Company is solely responsible for providing any maintenance or support services related to the Service, as required under these Terms or applicable law. Apple has no obligation to provide maintenance or support for the Service.
Warranty Disclaimer.
The Company is solely responsible for any warranties, whether express or implied, to the extent not effectively disclaimed. If the Service fails to conform to an applicable warranty, you may notify Apple, and Apple will refund your purchase price. To the maximum extent permitted by law, Apple has no further warranty obligations regarding the Service.
Claims and Liability.
The Company, not Apple, is solely responsible for addressing any claims related to: (i) Product liability; (ii) Failure to conform to legal or regulatory requirements; (iii) Consumer protection or similar claims related to the Service or your use of it.
Intellectual Property Rights.
If a third party claims that the Service, or your use of it, infringes their intellectual property rights, the Company (not Apple) is responsible for handling such claims, including investigation, defense, settlement, or resolution.
Third-Party Terms of Agreement.
Your use of the Service must comply with any applicable third-party agreements that may be affected by your use of the Service.
Legal Compliance.
By using the Service, you represent and warrant that: (a) You are not located in a country subject to a U.S. Government embargo or designated as a "terrorist-supporting" country. (b) You are not listed on any U.S. Government list of prohibited or restricted parties.
Third-Party Beneficiaries.
Apple and its subsidiaries are third-party beneficiaries of these Terms. By accepting these Terms, you acknowledge that Apple has the right to enforce them against you.
Contact Information.
For any questions, complaints, or claims related to the Service, please contact us as specified in support@copymind.me.
Family Sharing.
The Company expressly authorizes the use of the Service by multiple users through Family Sharing or any similar functionality provided by Apple.
19. NOTICE REGARDING GOOGLE PLAY
If you access the Service via Google Play, operated by Google Inc. or one of its affiliates ("Google"), you acknowledge that you have read, understood, and agree to the following:
If there is any conflict between:
(a) The Google Play Terms of Service and Google Play Business and Program Policies, or other terms Google designates as default end-user license terms for Google Play ("Google Play Terms"); and
(b) These Terms,
Then the Google Play Terms shall govern with respect to your use of the Service downloaded from Google Play.
You acknowledge that Google is not responsible or liable for compliance or non-compliance with these Terms or Google Play Terms, whether by you, the Company, or any other user.
By continuing to use the Service, you acknowledge that you have read, understood, and agreed to these Terms in their entirety.