Terms of Use

Welcome to the website of Plus AI, Inc. ("Plus," "we," "us," or "our"). This page explains the terms by which you may use our website at plus.ai (the "Site"). By accessing or using the Site, you signify that you have read, understood, and agree to be bound by these Terms of Use (these "Terms") and to the collection and use of your information as set forth in our Privacy Policy, whether or not you are a registered user of our Site. These Terms apply to all visitors, users, and others who access the Site ("Users").

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 13 THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

1. Eligibility

This is a contract between you and Plus. You must read and agree to these Terms before using the Site. If you do not agree, you may not use the Site. You may use the Site only if you can form a binding contract with Plus, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations. The Site is not available to any Users previously removed from the Site by Plus.

2. Licenses

2.1 Limited License

Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Site for your personal, noncommercial use only and as permitted by the features of the Site. Plus reserves all rights not expressly granted herein in the Site and the Plus Content (as defined below). Plus may terminate this license at any time for any reason or no reason.

2.2 License Restrictions

You agree not to, and you will not permit any third party to do or attempt to do any of the following without Plus's express prior written consent: (i) copy, store, or otherwise access or use any information contained on the Site for purposes not expressly permitted by these Terms; (ii) use the Site for any commercial use or purpose except as expressly permitted by these Terms or as Plus may otherwise expressly permit in writing; (iii) copy, sell, distribute, or otherwise transfer any Plus Content (as defined below); (iv) use any automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site or any Plus Content; (v) interfere with or damage the Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (vi) use our Site to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; (vii) use the Site in connection with the distribution of unsolicited commercial email ("spam") or advertisements; (viii) "stalk" or harass any other user of the Site; (ix) collect any personally identifiable information, including account names, from the Site; or (x) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure.

3. Feedback

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Site ("Feedback"). You may submit Feedback by emailing us at info@plus.ai. You acknowledge and agree that all Feedback will be the sole and exclusive property of Plus and you hereby irrevocably assign to Plus and agree to irrevocably assign to Plus all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Plus's request and expense, you will execute documents and take such further acts as Plus may reasonably request to assist Plus to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

4. Ownership

The Site and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all intellectual property rights related thereto (the "Plus Content"), are the exclusive property of Plus and its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any Plus Content. Use of the Plus Content for any purpose not expressly permitted by these Terms is strictly prohibited.

5. Privacy Policy

We care about the privacy of our Users. You understand that by using the Site you consent to the collection, use, and disclosure of your personally identifiable information and aggregate and/or anonymized data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in the United States.

6. Links and Third-Party Content

The Site may contain links to third-party websites or resources. You acknowledge and agree that Plus is not responsible or liable: (i) for the availability or accuracy of such websites or resources; or (ii) for the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Plus of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products, or services on or available from such websites or resources.

7. Modification of Terms

Plus reserves the right, at its sole discretion, to change or modify portions of these Terms at any time. Plus will post the changes on this page and will indicate at the top of this page the date these Terms were last revised. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site after the date any such changes become effective constitutes your acceptance of the new Terms.

8. Term, Termination, and Modification of the Site

These Terms will remain in full force and effect while you use the Site. Plus may suspend or terminate your rights to use the Site (including your account) at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your right to access and use the Site will terminate immediately. Plus will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, certain provisions of these Terms will remain in effect. Plus may modify, suspend, or discontinue the Site (in whole or in part) at any time, with or without notice to you. You agree that Plus will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.

9. Indemnity

You agree to defend, indemnify, and hold harmless Plus, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your account.

10. Disclaimer of Warranties

THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. PLUS, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

11. Limitation of Liability

IN NO EVENT SHALL PLUS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION, OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, "X-RATED," OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT PLUS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL PLUS'S TOTAL AGGREGATE LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

12. Risk Allocation

You acknowledge and agree that the limitations of liability and disclaimers of warranties set forth in these Terms reflect a reasonable and fair allocation of risk between you and Plus, and that these limitations are an essential basis to Plus's ability to make the Site available to you on an economically feasible basis. You agree that any cause of action related to the Site must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

13. Dispute Resolution and Arbitration

13.1 Generally

In the interest of resolving disputes between you and Plus in the most expedient and cost-effective manner, you and Plus agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND PLUS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

13.2 Exceptions

Despite the provisions of Section 13.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

13.3 Arbitrator

Any arbitration between you and Plus will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Plus.

13.4 Notice; Process

A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail ("Notice"). Plus's address for Notice is: Plus AI, Inc., 3003 N. First Street, Suite 200, San Jose, California 95134. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). The parties will make good-faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Plus may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Plus must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Plus will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Plus in settlement of the dispute prior to the arbitrator's award; or (iii) $1,000.00.

13.5 Fees

If you commence arbitration in accordance with these Terms, Plus will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Santa Clara County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance-based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Plus for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

13.6 No Class Actions

YOU AND PLUS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Plus agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

13.7 Modifications to this Arbitration Provision

If Plus makes any future change to this arbitration provision, other than a change to Plus's address for Notice, you may reject the change by sending us written notice within 30 days of the change to Plus's address for Notice, in which case your account with Plus will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.

13.8 Enforceability

If Section 13.6 is found to be unenforceable or if the entirety of this Section 13 is found to be unenforceable, then the entirety of this Section 13 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 14.1 will govern any action arising out of or related to these Terms.

13.9 Survival

This arbitration provision will survive the termination of your relationship with Plus.

13.10 30-Day Opt-Out Period

If you do not wish to be bound by the arbitration and class action waiver provisions in this Section 13, you must notify Plus in writing within 30 days of the date that you first accept these Terms (unless a longer period is required by applicable law), by writing to Plus at: Plus AI, Inc., 3003 N. First Street, Suite 200, San Jose, California 95134. Your written notification must include (a) your name, (b) your mailing address, and (c) your request to opt out of the arbitration and class action waiver provision of this Section 13. If you timely opt out as provided in this section, Plus will not be bound by the arbitration and class action waiver provisions of this Section 13 with respect to your use of the Site. If you do not timely opt out, you will be bound by these Terms, including the arbitration and class action waiver provisions.

14. General Terms

14.1 Governing Law; Venue. These Terms, including the arbitration provision in Section 13, are governed by the laws of the State of California, without regard to its conflict of law provisions. For any disputes not subject to arbitration, you and Plus agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Santa Clara County, California.

14.2 Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire and exclusive understanding and agreement between you and Plus regarding the Site, and these Terms supersede and replace any and all prior oral or written understandings or agreements between you and Plus regarding the Site.

14.3 Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Plus's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Plus may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

14.4 Notices. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by Plus via email (in each case to the address that you provide); or (ii) by posting to the Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

14.5 Waiver. Plus's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Plus. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

15. Legal Notices

Plus is based in the United States in San Jose, California. Plus makes no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

16. Contacting Plus

If you have any questions about these Terms, please contact Plus at info@plus.ai.