Last updated: August 16, 2024
These Terms of Service constitute a legally binding agreement between you and RetailAI (together with its subsidiaries and affiliates, "RetailAI", "we", "our" or "us") governing your use of our products, services, information, contents and tools, mobile application (the "App"), and website (the "Site" and collectively with the foregoing, the "Services").
YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE "I AGREE" OR SIMILAR BUTTON, REGISTERING FOR AN ACCOUNT, DOWNLOADING THE APP OR ANY APP UPGRADES, USING THE APP ON YOUR MOBILE DEVICE, VISITING THE SITE, ACCESSING OR USING THE SERVICES, OR PARTICIPATING IN AN ELECTRONIC CONVERSATION FACILITATED BY THE SERVICES (ANY SUCH PARTICIPANT, A "CONVERSATION PARTICIPANT"), YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED VIA THE SITE OR THE APP. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES. These Terms of Service apply to all users of the Services, including without limitation browsers, vendors, customers, merchants, consumers, content contributors, Business Owners (as defined below) and Agencies (as defined below). These Terms of Service are effective as of the date you first click "I agree" (or similar button or checkbox) or use or access the Services, whichever is earlier. If you accept or agree to these Terms of Service on behalf of your employer or another legal entity, you represent and warrant that (i) you have full legal authority to bind your employer or such entity to these Terms of Services; (ii) you have read and understand these Terms of Service; and (iii) you agree to these Terms of Service on behalf of the party that you represent. In such event, "you" and "your" will refer and apply to your employer or such other legal entity.
We provide a platform that enables businesses and individuals to create automated chat flows that they can deploy across a wide range of messaging services, social media and other third-party platforms.
If you purchase or use our Services, you're doing so through RetailAI, and such purchase and use is subject to this Agreement; provided, that if you've entered into a separate agreement or order form with us governing the purchase or use of our Services, such separate agreement or order form will govern in the event of a conflict with this Agreement.
You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. You may be required to register with RetailAI and create an account to use certain features of the Service.
You must register with RetailAI and create an account to use the Services (an "Account"). As part of that process, you will be requested to provide certain information, including without limitation your name, phone number and email address, which may be provided by linking certain services, including without limitation Instagram, Facebook, WhatsApp or Telegram, to your Account.
By using the Services, you agree to provide true, accurate, current and complete information as prompted by the registration process and to maintain and promptly update the Account information to keep it accurate, current and complete. You are the sole authorized user of your Account. You are responsible for maintaining the confidentiality of any login and password provided by you or given to you by RetailAI for accessing the Services. You are solely and fully responsible for all activities that occur under your password or Account, even if not authorized by you.
Users are responsible for the content users upload to their Account and use of any user's Account, and RetailAI expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or Account or you suspect any other breach of security, you agree to contact RetailAI immediately.
The person signing up for the Services will be the contracting party ("Account Representative") for the purposes of these Terms of Service and will be the person who is authorized to use any corresponding Account we provide to the Account Representative in connection with the Services; provided, however, that if you are signing up for the Services on behalf of your employer, your employer shall be the Account Representative. As the Account Representative, you are solely responsible for complying with these Terms of Service and only you are entitled to all benefits accruing thereto. Your Account is not transferable to any other person or account.
By providing your phone number and email address and by using the Services, you hereby affirmatively consent to RetailAI's use of your phone number for calls and recurring texts (including with an autodialer and/or prerecorded voice) and your email address in order to (i) perform and improve upon the Services, (ii) facilitate the carrying out of our Services, and (iii) provide you with information and reminders regarding your registration, changes and updates, service outages, or alterations. These calls and messages may include, among other things, push notifications and other reminders delivered through our App.
RetailAI will not assess any charges for calls or texts, but standard message, data or other charges from your wireless carrier may apply. You may opt-out of receiving calls or messages from us by modifying your Account settings on the Site or the App, by stating that you no longer wish to receive calls or messages from us during any call with us, or by visiting our support page and specifying you want to opt-out of calls or messages. You understand that we may send you a message confirming any opt-out by you.
A "Business Owner" is any individual or entity that uses RetailAI's Services to market, support, develop, or otherwise commercialize their business, services, or products. An "Agency" is any service provider retained or hired by a Business Owner to create and/or manage a RetailAI account and use the Services on the Business Owner's behalf. An Agency is not required for a Business Owner to use the Services.
Notwithstanding the foregoing in Section 3, if you are an Agency using our Services to provide services to a Business Owner, you (i) agree to correctly identify such Business Owner as an administrator on the Account and, if applicable, on the applicable Facebook page, Instagram page, WhatsApp page, Telegram page and on any other applicable page on any other applicable platform, and (ii) confirm you are authorized to use the Services and the Account on behalf of the Business Owner.
The Business Owner shall be the sole and exclusive account representative of any Account created on its behalf by an Agency; provided that the Agency shall maintain its rights and interests in and to all designs, templates, flows, sequences, or other intellectual property associated with the chatbot automation work product created by such Agency for the Business Owner (such work product, the "Agency Content").
In the event of a termination of the relationship between a Business Owner and its Agency, the Business Owner will promptly notify RetailAI of such termination.
Following the transfer of an Account from an Agency to the Business Owner, the Business Owner shall be solely responsible for the payment of any subscription plans and/or fees due with respect to the Account.
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, trademarks, logos, typefaces and other content (collectively "Proprietary Material") that users see or read through the Services is owned by RetailAI, excluding User Generated Content, which users hereby grant RetailAI a non-exclusive license to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. RetailAI owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws governing copyright, patents, and other proprietary rights. You may not copy, download, use, redesign, reconfigure, or retransmit anything from the Services without RetailAI's express prior written consent and, if applicable, the holder of the rights to the User Generated Content.
Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of RetailAI and, if applicable, the holder of the rights to the User Generated Content.
The service marks and trademarks of RetailAI, including without limitation RetailAI and RetailAI logos, are service marks owned by RetailAI. Any other trademarks, service marks, logos and/or trade names appearing via the Services are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
Additionally, you may choose to or we may invite you to submit comments, ideas, or feedback about the Services, including without limitation about how to improve our services or our products ("Feedback"). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place RetailAI under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, RetailAI does not waive any rights to use similar or related Feedback previously known to RetailAI, developed by its employees, or obtained from sources other than you. You acknowledge that all email and other correspondence that you submit to us shall become our sole and exclusive property.
Subject to the terms and conditions hereof, you are hereby granted a limited, nonexclusive, nontransferable, freely revocable, license to access and use the Services. We may terminate this license at any time for any reason or no reason. The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, reports generated by the Services, and copyrights (the "RetailAI Content"), and all Intellectual Property Rights related thereto, are the exclusive property of RetailAI or, as applicable, its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, publicly distribute, publicly transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Services. Use of the RetailAI Content or materials on the Services for any purpose not expressly permitted by this Agreement is strictly prohibited. For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Your use of the Services and the relating licenses granted hereunder are also conditioned upon your strict adherence to the letter and spirit of the various applicable guidelines and any end user licenses associated with your use of the App. RetailAI may modify such guidelines in its sole discretion at any time. RetailAI reserves the right to terminate your Account and access to the Services if it determines that you have violated any such applicable guidelines.
You are solely responsible for the content you provide through our Service. By submitting, posting, or displaying User Content on or through the Services, you grant RetailAI a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such User Content in any and all media or distribution methods now known or later developed. This license authorizes us to make your User Content available to the rest of the world and to let others do the same. You agree that this license includes the right for RetailAI to provide, promote, and improve the Services and to make User Content submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such User Content on other media and services, subject to our terms and conditions for such User Content use. Such additional uses by RetailAI, or other companies, organizations or individuals, may be made with no compensation paid to you with respect to the User Content that you submit, post, transmit or otherwise make available through the Services.
You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any User Content that you submit, post or display on or through the Services. You agree that such User Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant RetailAI the license described above.
RetailAI reserves the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, RetailAI will also terminate a user's account if the user is determined to be a repeat infringer.
You agree not to use the Service for any unlawful purpose or in any way that violates these Terms of Service. Prohibited activities include, but are not limited to:
RetailAI reserves the right to investigate and take appropriate legal action against anyone who, in RetailAI's sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators, and reporting them to law enforcement authorities.
RetailAI shall not be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the service.
We reserve the right to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that RetailAI shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
These Terms shall be governed and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
Any disputes arising out of or relating to these Terms or the Service will be resolved through binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
Unless we separately agree with you that you will receive an invoice from us for the Services that requires you to pay us directly, payment and any other expenses must be paid through the third party payment processing system (the "PSP") as indicated on the Services. You may be required to register with the PSP, agree to terms of service of the PSP, provide your payment details to the PSP and go through a vetting process at the request of the PSP to set up an account with the PSP (the "PSP Services Agreement"). By accepting these Terms of Service, you agree that you have downloaded or printed, and reviewed and agreed to, the PSP Services Agreement. Please note that RetailAI is not a party to the PSP Services Agreement and that you, the PSP and any other parties listed in the PSP Services Agreement are the parties to the PSP Services Agreement and that RetailAI has no obligations, responsibility or liability to any user or any other party under the PSP Services Agreement.
All prices and fees displayed on the Services are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services or other taxes, fees or charges now in force or enacted in the future ("Taxes"). Any applicable Taxes are based on the rates applicable to the billing address you provide to us and will be calculated at the time a transaction is charged to your Account. Unless otherwise indicated, all prices, fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.
Our charges for subscription plans (monthly, annual, or other period, as applicable from time to time) and fees for any additional Services are posted on the Site and may be changed from time to time. If you have signed up for a RetailAI subscription plan (each a, "Subscription Plan") and any part of a month, year, or other period is included in the Term, then payment will be due for the full month, full year, or full other period, as applicable. Payments for monthly Subscription Plans are due for any month on the same or closest date to the day you made your first monthly payment, and Payments for yearly Subscription Plans are due for any year on the same or closest date to the day you made your first yearly payment. Please note that fees for certain Services may vary country by country and certain customers may have access to different billing and payment features, depending on when they created their account with RetailAI.
If you have signed up for a Subscription Plan or have opted to auto-refill your account with funds to pay for certain Services, you will provide us with valid credit card information and hereby authorize us to deduct the monthly, yearly or other automatic charges against that credit card. You'll replace the information for any credit card that expires with information for a valid one. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won't be rejected. If we're unable to process your credit card order, we'll try to contact you by email and will suspend your account until your payment can be processed.
We'll give you a refund for all or a portion of a prepaid month or year, as applicable, if we stop providing our Services to you for a reason that's not laid out in these Terms as determined by RetailAI in its sole discretion. We may offer a refund to customers, if such customer applies for a refund based on the requirements posted on the Site. You won't be entitled to a refund from us under any other circumstances.
We may change our fees at any time by posting a new pricing structure to our Site and/or sending you a notification by email.
Unless otherwise agreed to in writing between you and RetailAI, either party may terminate these Terms of Service for any or no cause, at any time. You may cancel and delete your Account at any time by either using the features on the Services to do so. After cancellation, you will no longer have access to your Account, your profile or any other information through the Services. The provisions of these Terms of Service which by their intent or meaning intended to survive such termination, including without limitation the provisions relating to disclaimer of warranties, limitations of liability, and indemnification, shall survive any termination of these Terms of Service and any termination of your use of or subscription to the Services and shall continue to apply indefinitely.
We reserve the right to refuse the Services to anyone for any reason at any time. RetailAI may terminate or limit your right to use the Services in the event that we are investigating or believe that you have breached any provision of this Agreement without any notice. If RetailAI terminates or limits your right to use the Services pursuant to this section, you are prohibited from registering and creating a new Account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
Even after your right to use the Services is terminated or limited, this Agreement will remain enforceable against you. RetailAI reserves the right to take appropriate legal action, including but not limited to pursuing arbitration in accordance with the Dispute Resolution section of these Terms of Service.
RetailAI reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Services at its sole discretion. RetailAI is not liable to you for any modification or discontinuance of all or any portion of the Services. RetailAI has the right to restrict anyone from completing registration as a user if RetailAI believes such person may threaten the safety and integrity of the Services, or if, in RetailAI's discretion, such restriction is necessary to address any other reasonable business concern.
Following the termination or cancellation of your Account, we reserve the right to delete all your data, including any User Generated Content, in the normal course of operation. Your data cannot be recovered once your Account is terminated or canceled.
RetailAI shall not be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the service.
These Terms shall be governed and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
Any disputes arising out of or relating to these Terms or the Service will be resolved through binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
You represent and warrant that: (i) you have full power and authority to enter into and perform your obligations under these Terms; (ii) your use of the Services will be in strict accordance with these Terms, RetailAI's Privacy Policy, and all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside); and (iii) your use of the Services will not infringe or misappropriate the intellectual property rights of any third party.
You acknowledge and agree that you are responsible for complying with all laws and regulations applicable to your use of the Services, including without limitation, laws and regulations related to data protection, privacy, and the sending of electronic communications. You further acknowledge and agree that your use of the Services to send electronic communications may be subject to specific legal requirements in various jurisdictions, including without limitation, requirements to obtain recipient consent, to provide recipients with notice of their ability to opt-out of receiving future electronic communications, and to honor opt-out requests. You agree that you are solely responsible for complying with all such requirements and that RetailAI has no responsibility or liability for your compliance or failure to comply with such requirements.
THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RetailAI MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE RELIABILITY, TIMELINESS, SECURITY, ACCURACY OR COMPLETENESS OF THE SERVICES, ANY CONTENT PROVIDED BY OR TRANSMITTED VIA THE SERVICES OR THE CONTENT OF ANY SITES LINKED TO THE SERVICES, AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) BUGS, ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, BUSINESS INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.
UNDER NO CIRCUMSTANCES WILL RetailAI AND AFFILIATES OR THEIR CORPORATE PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY RetailAI, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT RetailAI AND AFFILIATES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LOWER OF (I) THE TOTAL FEES PAID BY YOU TO RetailAI DURING THE SIX MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE OR (II) ONE HUNDRED DOLLARS ($100), TO THE EXTENT PERMITTED BY APPLICABLE LAW.
You hereby agree to indemnify, defend, and hold harmless RetailAI and its officers, directors, employees, agents, attorneys, insurers, successors and assigns (the "Indemnified Parties") from and against any and all Liabilities incurred in connection with (i) your use or inability to use the Services, (ii) your breach or violation of this Agreement; (iii) your violation of any law, or the rights of any user or third party; and (iv) any content submitted by you or using your Account to the Services, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. You also agree to indemnify the Indemnified Parties for any Liabilities resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or loan on our infrastructure. RetailAI reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of RetailAI.
While RetailAI does not currently use cookies, we may implement them in the future to enhance your experience and improve our services. If and when we decide to use cookies, we will update this section to provide detailed information about how we use them, what information they collect, and how you can control or delete them.
RetailAI is committed to protecting your personal data and complying with the General Data Protection Regulation (GDPR) when applicable. If you are a resident of the European Economic Area (EEA), you have certain rights regarding your personal data, including:
When applicable, we will seek your explicit consent to process personal data collected on our website or volunteered by you. You may withdraw your consent at any time by contacting us at support@withretailai.com.
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND RetailAI CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND RetailAI TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.
You agree that, in the event any dispute or claim arises out of or relating to your use of the Services, you will contact us by submitting your dispute or claim via our support page, and you and RetailAI will attempt in good faith to negotiate a written resolution of the matter directly. You agree that if the matter remains unresolved for 30 days after notification (via certified mail or personal delivery), such matter will be deemed a "Dispute" as defined below. Except for the right to seek injunctive or other equitable relief described under the "Binding Arbitration" section below, should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys' fees, even if you may have been entitled to them otherwise.
Binding Arbitration. You and RetailAI agree that any dispute, claim or controversy arising out of or relating to this Agreement or to your use of the Services (collectively "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. This means that you and RetailAI both agree to waive the right to a trial by jury. Notwithstanding the foregoing, you may bring a claim against RetailAI in "small claims" court, instead of by arbitration, but only if the claim is eligible under the rules of the small claims court and is brought in an individual, non-class, and non-representative basis, and only for so long as it remains in the small claims court and in an individual, non-class, and non-representative basis.
Class Action Waiver. You and RetailAI agree that any proceedings to resolve Disputes will be conducted on an individual basis and not in a class, consolidated, or representative action. This means that you and RetailAI both agree to waive the right to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and RetailAI agree otherwise in writing, the arbitrator in any Dispute may not consolidate more than one person's claims and may not preside over any form of class action proceeding.
Arbitration Administration and Rules. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution' section. (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879).
Arbitration Process. A party who desires to initiate the arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of arbitrators with relevant experience. If the parties are unable to agree upon an arbitrator within seven days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with AAA Rules.
Arbitration Location and Procedure. Unless you and RetailAI agree otherwise, the seat of the arbitration shall be in San Francisco, California. If your claim does not exceed USD$10,000, then the arbitration will be conducted solely on the basis of documents you and RetailAI submit to the arbitrator, unless you request a hearing, and the arbitrator then determines that a hearing is necessary. If your claim exceeds USD$10,000, your right to a hearing will be determined by AAA Rules. Subject to AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Hearings may be conducted by telephone or video conference, if requested and agreed to by the parties.
Arbitrator's Decision and Governing Law. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized by law. The arbitrator will render an award within the timeframe specified in the AAA Rules. Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the "Disclaimer of Warranties" section above. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant's individual claim.
Fees. Each party's responsibility to pay the arbitration filing, administrative and arbitrator fees will depend on the circumstances of the arbitration and are set forth in the AAA Rules.
If you have any questions about these Terms, please contact us at support@withretailai.com.
