terms of service
Last Revised: September 12, 2025
These Terms ofService (these “Terms of Service”) constitute a binding agreement between you and Common Sense AI, Inc. (the “Company”, “we”, or “us”), and shall govern youruse and access of the Company website available at https://www.commonsensetech.ai and https://app.commonsensetech.ai , including all features, functionalities, tools and content available thereon(collectively, the “Service”).
For purposes of these Terms of Service, “you” refers to you as the user of the Service. If the individual accepting these Terms of Service is acting on behalf of an entity,“you” shall refer to such entity and such individual represents and warrants that they have the right, power and authority to act on behalf of and bind such entity.
BY CLICKING A BOX INDICATING ACCEPTANCE OF THESE TERMS OF SERVICE OR OTHERWISE ACCESSING THE SERVICE, YOU HEREBY ACCEPT TO THE BOUND TO THESE TERMS OF SERVICE.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS AND SECTION 10 CONTAINS AN AGREEMENT TO ARBITRATE. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, ANDF URTHER (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (C) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
1 SERVICE ACCESS; RESTRICTIONS
1.1 Eligibility;Registration. To be eligible to use the Service, you must be at least 18years of age. You may be required to register an account or provide information about yourself (e.g., name and email address) in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service’s registration form.
1.2 Access to theService. Subject to the terms hereof, the Company hereby grants you anon-exclusive right to access and use the Service solely for your internal business purposes.
1.3 UsageRestrictions. You will not: (a) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, or underlying structure, ideas, know-how or algorithms relevant to the Service (except to the extent such restrictions are contrary to applicable law); (b) modify, translate, copy, or create derivative works based on the Service; (c) use the Service fortimesharing or service bureau purposes or otherwise for the benefit of a third party; (d) use the Service to create or develop a competitive product or service; (e) attempt to gain unauthorized access to the Service or make theService available to anyone; (f) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs through the Service; (g) interfere with or disrupt the integrity or performance of the Service; (h) circumvent, remove, alter or thwart any technological measure or content protections of the Service; (i) useany spider, crawler, scraper or other automatic device, process or software that intercepts, mines, scrapes, extracts or otherwise accesses the Service to monitor, extract, copy or collect information or data from or through theService; or (j) otherwise use the Service except as expressly permitted herein.
2 DATA
2.1 License to Data. You are solely responsible for all data, content, information, and other materials uploaded, posted or otherwise provided to or through theService (“Your Data”). You hereby grant the Company a non-exclusive, royalty-free, fully-paid worldwide license (with the right to sublicense) to access, use, reproduce, and create derivative works of Your Data solely to provide, maintain, and improve the Service for you, including development, diagnostic, and corrective purposes. The Company will not use Your Data to train or build models for the benefit of other customers or the public. TheCompany may also collect and analyze data and other information relating to your use and access of the Service (“Usage Data”), and may use such Usage Data to improve and enhance the Service and for other lawful purposes, provided that any disclosure of Usage Data shall be solely in aggregate or other de-identified form.
2.2 Data Security.The Company employs a number of commercially reasonable technical, organizational and physical safeguards designed to protect Your Data from accidental loss or destruction, unauthorized disclosure, or damage. However, no security measures are failsafe and the Company cannot guarantee the security ofYour Data. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Data.
2.3 Privacy.For more information on how we handle the information you provide to us when you use the Service, including Your Data and all information provided when you register an account, please see our Privacy Policy, located athttps://www.commonsensetech.ai/privacy By using the Service, you consent to our collection, use and disclosure of personal data and other data as outlined therein.
3 PROPRIETARY RIGHTS
3.1 Company Rights.The Company shall own and retain all right, title and interest in and to theService, and all improvements, enhancements or modifications thereto, and all intellectual property rights related to any of the foregoing. All rights to theService not expressly granted under these Terms of Service are reserved by theCompany.
3.2 Feedback. You acknowledge that all suggestions for corrections, changes, additions or modifications to the Service, and any other feedback provided by you or on your behalf (collectively, “Feedback”) are the exclusive property of the Company andyou hereby assign all rights in and to any Feedback to the Company.
DISCLAIMER.
THE SERVICE AND ALL DATA AND INFORMATION PROVIDED BY THE COMPANY ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR THAT THE QUALITY OF THE SERVICE OR ANY DATA, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH USE OF THE SERVICE, WILL MEET YOUR EXPECTATIONS.
5 THIRD-PARTY SERVICES AND WEBSITES
The Service may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties (the“Third-Party Services”). Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. Some Third-Party Services will provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating Third-Party Services and our use, storage and disclosure of information related to you and your use of such Third-Party Services within the Service, please see our Privacy Policy.The Company has no control over and is not responsible for such Third-PartyServices, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-PartyServices, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-PartyServices prior to using such services. You, and not the Company, will be responsible for any and all costs and charges associated with your use of anyThird-Party Services. The Company enables these Third-Party Services merely asa convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Service are between you and the third party. The Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.
6 TERMINATION You agree that theCompany, in its sole discretion, may suspend or terminate your account or use of the Service (or any part thereof) and remove and discard any content with in the Service (including Your Data), for any reason, including for lack of use or if the Company believes that you have violated or acted inconsistently with these Terms of Service. Additionally, any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities.The Company reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. You agree that the Company will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
7 INDEMNIFICATION
You will indemnify, defend and hold harmless the Company from any damages, losses, expenses, costs or liabilities incurred by the Company arising from or related to your use of the Service in breach of these Terms of Service.
8 LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR (A) ANY INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) ARISING OUT OF YOUR USE OR ANY DELAY OR INABILITY TO USE THE SERVICE OR (B) ANY DAMAGES IN EXCESS OF THE GREATER OF (I) AGGREGATE FEES PAID OR PAYABLE TO THE COMPANY HEREUNDER IN THE SIX (6) MONTH PERIOD PRIOR TO THE DATE THE CLAIM FIRST AROSE AND (II) $100, IN EACH CASE WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
9 GOVERNMENT MATTERS. You may not remove or export from the United States or allow the export or re-export of theService, or any direct product thereof in violation of any restrictions, law sor regulations of the United States Department of Commerce, the United StatesDepartment of Treasury Office of Foreign Assets Control, or any other UnitedStates or foreign agency or authority. As defined in FAR section 2.101, theService (including the software, documentation and data related thereto) are“commercial items” and according to DFAR section 252.227 7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by these Terms of Service and will be prohibited except to the extent expressly permitted by these Terms of Service.
10 DISPUTE RESOLUTION BY BINDING ARBITRATION
10.1 Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in these Terms ofService as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and the Company, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this ArbitrationAgreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and the Company are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
10.2 Pre-ArbitrationDispute Resolution
The Company is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@commonsensetech.ai.If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute(“Notice”). The Notice to the Company should be sent to support@commonsensetech.ai (“Notice Address”).The Notice must (i) describe the nature and basis of the claim or dispute and(ii) set forth the specific relief sought. If the Company and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or the Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by the Company or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Company is entitled.
10.3 Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND THE COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED,REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF(INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
10.4 Mass Action Waiver
Not with standing anything to the contrary in this Arbitration Agreement, the parties agree that the relative benefits and efficiencies of arbitration may be lost when 50 or more arbitration claims are filed within 180 days which (1) involve the same or similarly situated parties; (2) are based on the same or similar claims which arise from the same or substantially identical transactions, incidents, alleged violations or events requiring the determination of the same or substantially identical questions of law or fact; and (3) involve the same or coordinated counsel for the parties (“Mass Action”). You and the Company expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a Mass Action. An arbitrator or arbitration provider shall not have any authority to hear, arbitrate, or administer any Mass Action or to award relief to anyone but the individual in arbitration. Nothing in this provision, however, prevents you or the Company from participating in a mass settlement of claims. 10.5 Mass ActionDispute ProcedureNotwithstanding any provision to the contrary in the applicable arbitration provider’s rules, if a dispute arises as to whether a party has filed a Mass Action in violation of this Mass Action Waiver, an arbitrator shall be empowered to resolve only such disputes. Such a dispute may be raised by either party with the arbitrator or arbitration provider within 15 days of its arising. If the arbitrator determines that a party has violated this Mass Action Waiver, the parties shall have the opportunity to opt-out of arbitration within 30 days of the arbitrator's decision. For the avoidance of doubt, the ability to opt out of arbitration described in this Section only applies if the arbitrator determines that you have violated the Mass Action Waiver.
10.6 Batching
If a Mass Action is filed and neither party exercises its right to opt out of arbitration, the parties shall group the arbitration demands into batches of no more than 100.The batches will be determined by the claimants’ state of residence and then alphabetically by last name (or business name). The parties will randomly assign each batch a sequential number, and only one batch shall proceed to arbitration at a time in the order of the random sequential numbers. While one batch is being arbitrated, the arbitration provider shall hold the remainder in abeyance unless otherwise agreed by the parties or instructed by the arbitration provider. Each batch will be treated as one case with one appointed arbitrator and one set of administrative fees per batch.
10.7 Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American ArbitrationAssociation’s (“AAA”) rules and procedures, including the AAA’s ConsumerArbitration Rules (collectively, the “AAA Rules”), as modified by thisArbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org.Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer.If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless the Company and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are un able to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, the Company agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
10.8 Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “ArbitrationFees”) will be governed by the AAA Rules, unless otherwise provided in thisArbitration Agreement. To the extent any Arbitration Fees are not specifically allocated to either the Company or you under the AAA Rules, the Company and you shall split them equally; provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of suchArbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, theCompany will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, the Company will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
10.9 Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties. 10.10 Severability If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than Section 10.3 above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of Section 10.3 above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of theseTerms of Service will continue to apply.
10.11 FutureChanges to Arbitration Agreement
Notwithstanding any provision in these Terms of Service to the contrary, the Company agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending the Company written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
11. MISCELLANEOUS. You may not assign these Terms of Service, except with the Company’s prior written consent. TheCompany may freely assign the Terms of Service. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. These Terms ofService constitute the full and entire understanding and agreement of the parties with regard to the subject matter hereof, and supersedes all prior agreements or understandings, written or oral, between the parties with respect to the subject matter hereof. These Terms of Service and any dispute arising hereunder shall be governed by the laws of the State of California, without regard to the conflicts of law provisions thereof. To the extent a claim cannot legally be arbitrated (as determined by an arbitrator in accordance withSection 10 above), the jurisdiction and venue for actions related to the subject matter hereof shall be the state and United States federal courts located inLos Angeles, California and both parties hereby submit to the persona jurisdiction of such courts. Without limiting anything herein, the Company shall have no liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including, but not limited to, governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, epidemics, pandemics and power failures. Each party shall be and act as an independent contractor and shall not bind nor attempt to bind the other to any contract.
12. AMENDMENTS. The Company reserves the right, at its sole discretion, to change or modify portions of these Terms of Service at any time. If the Company does this, it will post the changes on this page and will update the “Last Revised” date at the top of this page. The most current version of these Terms of Service is available at any time at https://www.commonsensetech.ai/terms-of-service.The Company will also use commercially reasonable efforts to notify you of any material changes thirty (30) days prior to any such material changes taking effect, either through the Service user interface, or email via the email address associated with your account, or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. If any change to theseTerms of Service is not acceptable to you, your only remedy is stop using theService.
13. CONTACT. Please contact theCompany at support@commonsensetech.ai and 6303 Owensmouth Avenue, Floor 10, Los Angeles, CA 91367 to pose any questions regarding theseTerms of Service or the Service.
These Terms ofService (these “Terms of Service”) constitute a binding agreement between you and Common Sense AI, Inc. (the “Company”, “we”, or “us”), and shall govern youruse and access of the Company website available at https://www.commonsensetech.ai and https://app.commonsensetech.ai , including all features, functionalities, tools and content available thereon(collectively, the “Service”).
For purposes of these Terms of Service, “you” refers to you as the user of the Service. If the individual accepting these Terms of Service is acting on behalf of an entity,“you” shall refer to such entity and such individual represents and warrants that they have the right, power and authority to act on behalf of and bind such entity.
BY CLICKING A BOX INDICATING ACCEPTANCE OF THESE TERMS OF SERVICE OR OTHERWISE ACCESSING THE SERVICE, YOU HEREBY ACCEPT TO THE BOUND TO THESE TERMS OF SERVICE.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS AND SECTION 10 CONTAINS AN AGREEMENT TO ARBITRATE. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, ANDF URTHER (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (C) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
1 SERVICE ACCESS; RESTRICTIONS
1.1 Eligibility;Registration. To be eligible to use the Service, you must be at least 18years of age. You may be required to register an account or provide information about yourself (e.g., name and email address) in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service’s registration form.
1.2 Access to theService. Subject to the terms hereof, the Company hereby grants you anon-exclusive right to access and use the Service solely for your internal business purposes.
1.3 UsageRestrictions. You will not: (a) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, or underlying structure, ideas, know-how or algorithms relevant to the Service (except to the extent such restrictions are contrary to applicable law); (b) modify, translate, copy, or create derivative works based on the Service; (c) use the Service fortimesharing or service bureau purposes or otherwise for the benefit of a third party; (d) use the Service to create or develop a competitive product or service; (e) attempt to gain unauthorized access to the Service or make theService available to anyone; (f) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs through the Service; (g) interfere with or disrupt the integrity or performance of the Service; (h) circumvent, remove, alter or thwart any technological measure or content protections of the Service; (i) useany spider, crawler, scraper or other automatic device, process or software that intercepts, mines, scrapes, extracts or otherwise accesses the Service to monitor, extract, copy or collect information or data from or through theService; or (j) otherwise use the Service except as expressly permitted herein.
2 DATA
2.1 License to Data. You are solely responsible for all data, content, information, and other materials uploaded, posted or otherwise provided to or through theService (“Your Data”). You hereby grant the Company a non-exclusive, royalty-free, fully-paid worldwide license (with the right to sublicense) to access, use, reproduce, and create derivative works of Your Data solely to provide, maintain, and improve the Service for you, including development, diagnostic, and corrective purposes. The Company will not use Your Data to train or build models for the benefit of other customers or the public. TheCompany may also collect and analyze data and other information relating to your use and access of the Service (“Usage Data”), and may use such Usage Data to improve and enhance the Service and for other lawful purposes, provided that any disclosure of Usage Data shall be solely in aggregate or other de-identified form.
2.2 Data Security.The Company employs a number of commercially reasonable technical, organizational and physical safeguards designed to protect Your Data from accidental loss or destruction, unauthorized disclosure, or damage. However, no security measures are failsafe and the Company cannot guarantee the security ofYour Data. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Data.
2.3 Privacy.For more information on how we handle the information you provide to us when you use the Service, including Your Data and all information provided when you register an account, please see our Privacy Policy, located athttps://www.commonsensetech.ai/privacy By using the Service, you consent to our collection, use and disclosure of personal data and other data as outlined therein.
3 PROPRIETARY RIGHTS
3.1 Company Rights.The Company shall own and retain all right, title and interest in and to theService, and all improvements, enhancements or modifications thereto, and all intellectual property rights related to any of the foregoing. All rights to theService not expressly granted under these Terms of Service are reserved by theCompany.
3.2 Feedback. You acknowledge that all suggestions for corrections, changes, additions or modifications to the Service, and any other feedback provided by you or on your behalf (collectively, “Feedback”) are the exclusive property of the Company andyou hereby assign all rights in and to any Feedback to the Company.
DISCLAIMER.
THE SERVICE AND ALL DATA AND INFORMATION PROVIDED BY THE COMPANY ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR THAT THE QUALITY OF THE SERVICE OR ANY DATA, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH USE OF THE SERVICE, WILL MEET YOUR EXPECTATIONS.
5 THIRD-PARTY SERVICES AND WEBSITES
The Service may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties (the“Third-Party Services”). Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. Some Third-Party Services will provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating Third-Party Services and our use, storage and disclosure of information related to you and your use of such Third-Party Services within the Service, please see our Privacy Policy.The Company has no control over and is not responsible for such Third-PartyServices, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-PartyServices, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-PartyServices prior to using such services. You, and not the Company, will be responsible for any and all costs and charges associated with your use of anyThird-Party Services. The Company enables these Third-Party Services merely asa convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Service are between you and the third party. The Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.
6 TERMINATION You agree that theCompany, in its sole discretion, may suspend or terminate your account or use of the Service (or any part thereof) and remove and discard any content with in the Service (including Your Data), for any reason, including for lack of use or if the Company believes that you have violated or acted inconsistently with these Terms of Service. Additionally, any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities.The Company reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. You agree that the Company will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
7 INDEMNIFICATION
You will indemnify, defend and hold harmless the Company from any damages, losses, expenses, costs or liabilities incurred by the Company arising from or related to your use of the Service in breach of these Terms of Service.
8 LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR (A) ANY INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) ARISING OUT OF YOUR USE OR ANY DELAY OR INABILITY TO USE THE SERVICE OR (B) ANY DAMAGES IN EXCESS OF THE GREATER OF (I) AGGREGATE FEES PAID OR PAYABLE TO THE COMPANY HEREUNDER IN THE SIX (6) MONTH PERIOD PRIOR TO THE DATE THE CLAIM FIRST AROSE AND (II) $100, IN EACH CASE WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
9 GOVERNMENT MATTERS. You may not remove or export from the United States or allow the export or re-export of theService, or any direct product thereof in violation of any restrictions, law sor regulations of the United States Department of Commerce, the United StatesDepartment of Treasury Office of Foreign Assets Control, or any other UnitedStates or foreign agency or authority. As defined in FAR section 2.101, theService (including the software, documentation and data related thereto) are“commercial items” and according to DFAR section 252.227 7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by these Terms of Service and will be prohibited except to the extent expressly permitted by these Terms of Service.
10 DISPUTE RESOLUTION BY BINDING ARBITRATION
10.1 Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in these Terms ofService as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and the Company, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this ArbitrationAgreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and the Company are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
10.2 Pre-ArbitrationDispute Resolution
The Company is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@commonsensetech.ai.If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute(“Notice”). The Notice to the Company should be sent to support@commonsensetech.ai (“Notice Address”).The Notice must (i) describe the nature and basis of the claim or dispute and(ii) set forth the specific relief sought. If the Company and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or the Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by the Company or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Company is entitled.
10.3 Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND THE COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED,REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF(INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
10.4 Mass Action Waiver
Not with standing anything to the contrary in this Arbitration Agreement, the parties agree that the relative benefits and efficiencies of arbitration may be lost when 50 or more arbitration claims are filed within 180 days which (1) involve the same or similarly situated parties; (2) are based on the same or similar claims which arise from the same or substantially identical transactions, incidents, alleged violations or events requiring the determination of the same or substantially identical questions of law or fact; and (3) involve the same or coordinated counsel for the parties (“Mass Action”). You and the Company expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a Mass Action. An arbitrator or arbitration provider shall not have any authority to hear, arbitrate, or administer any Mass Action or to award relief to anyone but the individual in arbitration. Nothing in this provision, however, prevents you or the Company from participating in a mass settlement of claims. 10.5 Mass ActionDispute ProcedureNotwithstanding any provision to the contrary in the applicable arbitration provider’s rules, if a dispute arises as to whether a party has filed a Mass Action in violation of this Mass Action Waiver, an arbitrator shall be empowered to resolve only such disputes. Such a dispute may be raised by either party with the arbitrator or arbitration provider within 15 days of its arising. If the arbitrator determines that a party has violated this Mass Action Waiver, the parties shall have the opportunity to opt-out of arbitration within 30 days of the arbitrator's decision. For the avoidance of doubt, the ability to opt out of arbitration described in this Section only applies if the arbitrator determines that you have violated the Mass Action Waiver.
10.6 Batching
If a Mass Action is filed and neither party exercises its right to opt out of arbitration, the parties shall group the arbitration demands into batches of no more than 100.The batches will be determined by the claimants’ state of residence and then alphabetically by last name (or business name). The parties will randomly assign each batch a sequential number, and only one batch shall proceed to arbitration at a time in the order of the random sequential numbers. While one batch is being arbitrated, the arbitration provider shall hold the remainder in abeyance unless otherwise agreed by the parties or instructed by the arbitration provider. Each batch will be treated as one case with one appointed arbitrator and one set of administrative fees per batch.
10.7 Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American ArbitrationAssociation’s (“AAA”) rules and procedures, including the AAA’s ConsumerArbitration Rules (collectively, the “AAA Rules”), as modified by thisArbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org.Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer.If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless the Company and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are un able to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, the Company agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
10.8 Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “ArbitrationFees”) will be governed by the AAA Rules, unless otherwise provided in thisArbitration Agreement. To the extent any Arbitration Fees are not specifically allocated to either the Company or you under the AAA Rules, the Company and you shall split them equally; provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of suchArbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, theCompany will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, the Company will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
10.9 Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties. 10.10 Severability If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than Section 10.3 above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of Section 10.3 above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of theseTerms of Service will continue to apply.
10.11 FutureChanges to Arbitration Agreement
Notwithstanding any provision in these Terms of Service to the contrary, the Company agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending the Company written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
11. MISCELLANEOUS. You may not assign these Terms of Service, except with the Company’s prior written consent. TheCompany may freely assign the Terms of Service. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. These Terms ofService constitute the full and entire understanding and agreement of the parties with regard to the subject matter hereof, and supersedes all prior agreements or understandings, written or oral, between the parties with respect to the subject matter hereof. These Terms of Service and any dispute arising hereunder shall be governed by the laws of the State of California, without regard to the conflicts of law provisions thereof. To the extent a claim cannot legally be arbitrated (as determined by an arbitrator in accordance withSection 10 above), the jurisdiction and venue for actions related to the subject matter hereof shall be the state and United States federal courts located inLos Angeles, California and both parties hereby submit to the persona jurisdiction of such courts. Without limiting anything herein, the Company shall have no liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including, but not limited to, governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, epidemics, pandemics and power failures. Each party shall be and act as an independent contractor and shall not bind nor attempt to bind the other to any contract.
12. AMENDMENTS. The Company reserves the right, at its sole discretion, to change or modify portions of these Terms of Service at any time. If the Company does this, it will post the changes on this page and will update the “Last Revised” date at the top of this page. The most current version of these Terms of Service is available at any time at https://www.commonsensetech.ai/terms-of-service.The Company will also use commercially reasonable efforts to notify you of any material changes thirty (30) days prior to any such material changes taking effect, either through the Service user interface, or email via the email address associated with your account, or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. If any change to theseTerms of Service is not acceptable to you, your only remedy is stop using theService.
13. CONTACT. Please contact theCompany at support@commonsensetech.ai and 6303 Owensmouth Avenue, Floor 10, Los Angeles, CA 91367 to pose any questions regarding theseTerms of Service or the Service.
