Terms and Conditions

By accessing or using the Service, by creating an account, or by clicking to accept or agree to these Terms when that option is made available to you, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference and is available at https://sentibrief.com/privacy (the "Privacy Policy"). If you do not agree to these Terms, you must not access or use the Service.

If you are entering into these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" and "your" refer to that entity. These Terms apply to all visitors, registered users, and others who access or use the Service.

For purposes of these Terms:

• "Agent" means an automated configuration you create or activate within the Service that generates Signals on a schedule you select.
• "Artifacts" means files, images, documents, and other materials you upload to, store in, or generate through the Service.
• "Signal" or "Briefing" means the text, image, audio, or other output generated and delivered by an Agent.
• "Signal Credits" means the units of usage allowance, included with certain plans or purchased separately, that are consumed when you operate certain Agents or features.
• "User Content" means all content you submit to, upload to, create with, store in, transmit through, or share via the Service, including Agent configuration inputs, Artifacts, notes, recipient information, feedback, and shared materials.
• "Account" means the registered account you create to access and use the Service.

The Service is offered solely to users located in the United States. We do not direct the Service to, and do not offer it for use in, any other jurisdiction. You are responsible for compliance with all laws applicable to your access to and use of the Service.

You must be at least 13 years old to create an Account or use the Service. If you are between the ages of 13 and 17, you may use the Service only with the involvement, supervision, and consent of a parent or legal guardian who agrees to be bound by these Terms and to be responsible for your use of the Service. By using the Service, you represent and warrant that you meet these eligibility requirements, that all information you provide is accurate and complete, that you are not barred from using the Service under any applicable law, and that you are not located in any country or on any list that would make your use of the Service unlawful under U.S. law.

If you use the Service on behalf of, or for the benefit of, an organization, you additionally represent that you are authorized to use the Service for that purpose and to bind that organization to these Terms.

You must create an Account to access most features of the Service. When you register, you must provide accurate information, which may include your email address, name, date of birth (used to confirm you meet our minimum age requirement), and time zone. You may register using an email address and password or, where available, by signing in with a supported third-party identity provider such as Google or Apple. Your use of those sign-in options is also subject to the applicable provider's terms.

You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account, whether or not authorized by you. You agree to:

• keep your credentials secure and not share them with any other person;
• maintain one Account per person unless we expressly permit otherwise;
• provide and maintain accurate, current, and complete Account information;
• promptly notify us at support@sentiworks.com of any unauthorized use of your Account or any other breach of security; and
• take responsibility for the actions of anyone who uses your Account.

We may require you to verify your email address before granting access to certain features, and we may use bot-mitigation and other security measures in connection with sign-up and sign-in. We are not liable for any loss or damage arising from your failure to comply with this Section. We reserve the right to reclaim or disable usernames, suspend or terminate Accounts, and refuse registration in accordance with these Terms.

Subject to your compliance with these Terms, SentiWorks grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal use or, where applicable, your internal business use. This license exists only for so long as you comply with these Terms and does not include any right to: (a) resell, sublicense, or commercially exploit the Service or any part of it except as expressly permitted; (b) copy, modify, or create derivative works of the Service; (c) use the Service for the benefit of any third party except as expressly permitted; or (d) remove or alter any proprietary notices.

All rights not expressly granted to you in these Terms are reserved by SentiWorks and its licensors. The Service is licensed, not sold, to you.

6.1 Plans and Free Tier

The Service is offered on a freemium basis. We offer a free tier with limited features and one or more paid subscription plans ("Subscriptions") that provide additional features, capacity, and a monthly allotment of Signal Credits. We may also offer one-time purchases of additional Signal Credit packs. The features, prices, billing intervals, and Signal Credit allotments associated with each plan are described in the Service at the time of purchase. We do not currently offer a free trial; if we offer one in the future, additional terms will be disclosed at that time.

6.2 Signal Credits

Certain Agents and features consume Signal Credits when operated. Signal Credits are a limited, revocable license to access usage of the Service and are not money, currency, stored value, or property. Signal Credits have no cash value, are non-transferable, and are non-refundable except as required by applicable law or as expressly stated in these Terms. Included monthly Signal Credits are made available according to your plan and may expire, reset, or not roll over at the end of each billing period as described in the Service. Purchased Signal Credit packs are applied to your Account upon completion of checkout. We may modify, substitute, or discontinue Signal Credits, credit allotments, or the rate at which features consume them, on a prospective basis. Any unused Signal Credits are forfeited upon termination or closure of your Account, except where prohibited by law. Cost estimates and forecasts shown in the Service are estimates only, and actual Signal Credit consumption may vary.

6.3 Payment Processors

Payments for Subscriptions and Signal Credit purchases made through the web are processed by our third-party payment processor, Stripe, Inc. ("Stripe"). Purchases made through the Apple App Store are processed and managed by Apple Inc. ("Apple") in accordance with Apple's terms. Where we make a purchase available through the web rather than through an in-app purchase, the transaction is processed by Stripe. We do not collect or store your full payment card number. Your use of a payment processor is subject to that processor's terms and privacy policy, and you authorize us and the applicable processor to charge your selected payment method for all amounts due.

6.4 Auto-Renewal and Authorization

Subscriptions automatically renew. Unless you cancel before the end of the then-current billing period, your Subscription will automatically renew for successive periods of the same length (for example, monthly or annual) at the then-current price for your plan, and you authorize SentiWorks and its payment processor to charge your payment method on a recurring basis for the applicable fees, together with any applicable taxes, until you cancel. By subscribing, you acknowledge that your Subscription has a recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.

6.5 Plan Changes and Proration

You may upgrade, downgrade, or change your plan or billing interval as permitted in the Service. When you change plans, the Service may show a preview of the amount due at the time of the change and at your next renewal, which may include prorated charges or credits. Amounts are calculated based on your then-current subscription snapshot with our payment processor, and by confirming a plan change you authorize SentiWorks to process any applicable charge to your saved payment method in accordance with your Subscription terms. Changes may take effect immediately or at the start of your next billing period, as indicated in the Service.

6.6 Cancellation

You may cancel your Subscription at any time through the billing controls in the Service or, for Subscriptions purchased through the Apple App Store, through your Apple account settings. Unless otherwise stated, cancellation takes effect at the end of your current billing period, and you will retain access to paid features until that period ends. If you delete your SentiBrief account through the account-deletion controls in the Service, any SentiBrief Subscription managed by us is canceled immediately, your access to paid features ends immediately, and you will not receive a refund or credit for any partial billing period, unused Signal Credits, or unused features, except as required by law. App Store subscriptions are managed through your Apple account and remain subject to Apple's cancellation and refund policies. After cancellation, your Account may revert to the free tier or lose access to paid features and any associated Signal Credit allotment.

6.7 Refunds

Except as required by applicable law or as expressly stated in these Terms, all fees and charges are non-refundable, and there are no refunds or credits for partially used periods, unused Signal Credits, or features not used. Purchases made through the Apple App Store are subject to Apple's refund policies, and refund requests for those purchases must be directed to Apple. We may, in our sole discretion, offer a refund, discount, or other consideration to some or all users; doing so in one instance does not entitle you or any other user to a similar accommodation in any other instance.

6.8 Taxes

Prices displayed for the Service may be exclusive of applicable taxes unless otherwise stated. You are responsible for all sales, use, value-added, and similar taxes, duties, and assessments associated with your purchases, excluding taxes based on our net income. Where we are required to collect such taxes, they will be added to your charges.

6.9 Failed Payments and Price Changes

If a charge to your payment method is declined or cannot be processed, we may retry the charge, suspend or downgrade your access to paid features, pause Signal Credit availability, or terminate your Subscription. You are responsible for keeping your payment information current. We may change the fees for the Service, the composition of plans, or the features included in any plan from time to time. We will provide notice of any material fee increase as required by law, and changes to recurring Subscription fees will take effect at the start of your next billing period following notice. Your continued use of the Service after a fee change takes effect constitutes your acceptance of the new fees. If you do not agree to a fee change, your sole remedy is to cancel your Subscription before the change takes effect.

The Service allows you to create, configure, upload, store, generate, transmit, and share User Content, including Agent configuration inputs, Artifacts, notes, recipient email addresses, feedback, and materials you share with others. You are solely responsible for your User Content and for the consequences of submitting, generating, and sharing it.

You represent and warrant that, for all User Content you submit: (a) you own the User Content or have all rights, licenses, consents, and permissions necessary to submit it and to grant the rights you grant in these Terms; (b) the User Content, and our use of it as permitted by these Terms, does not and will not infringe, misappropriate, or violate any third party's intellectual property, privacy, publicity, or other rights, or any law; and (c) the User Content does not contain material that is unlawful, defamatory, or otherwise prohibited under Section 9. You should not upload or submit information, including any sensitive personal information, that you do not have the right to share or that you do not wish to be processed by the Service and its third-party providers.

We do not claim ownership of your User Content. We have no obligation to monitor, store, or back up User Content, and we may remove, disable access to, or refuse to process User Content that we believe violates these Terms or applicable law, or that may expose us or others to liability. You are responsible for maintaining your own copies of any User Content that is important to you.

You retain whatever ownership rights you have in your User Content. To enable us to operate, provide, and improve the Service, you grant SentiWorks a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable (solely to our service providers and as needed to operate the Service) license to host, store, reproduce, process, transmit, display, modify (for example, to reformat or adapt for delivery), create derivative works of (solely for the purpose of operating the Service, such as generating Signals from your inputs), and otherwise use your User Content. This license is granted solely for the purposes of operating, providing, securing, maintaining, and improving the Service; enabling the features you use, including AI generation, delivery, and sharing; and complying with applicable law.

When you use sharing features, you direct us to disclose the relevant User Content to the recipients and through the channels you select, including by creating share links, sending email, using native device sharing, or making public Agent or briefing pages available. You are responsible for what you choose to share and with whom.

This license continues for as long as your User Content remains on the Service and, with respect to copies retained in routine backups or as required by law, for a reasonable period thereafter. We do not use the content of your Agent configurations, Artifacts, or generated Signals to train our own machine-learning models. Our processing of personal information within User Content is described in the Privacy Policy.

You agree not to misuse the Service. Without limiting the foregoing, you must not, and must not permit any third party to:

• use the Service for any unlawful purpose or in violation of any applicable law or regulation, or to facilitate any illegal activity;
• upload, generate, transmit, or share content that infringes or misappropriates any intellectual property or proprietary right, violates any person's privacy or publicity rights, or breaches any contractual or fiduciary duty;
• upload, generate, transmit, or share content that is defamatory, harassing, threatening, abusive, hateful, obscene, sexually exploitative (including any content that sexually exploits or endangers a minor), or that promotes violence or discrimination;
• impersonate any person or entity or misrepresent your affiliation with any person or entity, or forge headers or otherwise manipulate identifiers to disguise the origin of any content;
• send spam or other unsolicited or unauthorized communications, including by using sharing features to send bulk or unwanted messages to recipients;
• attempt to gain unauthorized access to the Service, other users' accounts, or any systems or networks connected to the Service;
• probe, scan, or test the vulnerability of the Service or any related system or network, or breach or circumvent any security or authentication measure, in each case without our prior written authorization;
• introduce or transmit any viruses, malware, or other malicious or harmful code, or otherwise interfere with or disrupt the integrity or performance of the Service;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying ideas, or algorithms of any part of the Service, except to the extent this restriction is prohibited by applicable law;
• use any robot, spider, scraper, or other automated means to access, scrape, harvest, or collect content or data from the Service, or otherwise access the Service other than through the interfaces we provide;
• circumvent, disable, or interfere with any usage limits, Signal Credit accounting, rate limits, or other features intended to protect the Service or its users;
• use the Service to develop a competing product or service, or to benchmark or copy the Service's features or design without our authorization;
• use the outputs of the Service in any manner that violates the acceptable-use or usage policies of our third-party AI providers; or
• use the Service in any manner that could damage, disable, overburden, or impair the Service, or that imposes an unreasonable or disproportionately large load on our infrastructure.

We may investigate and take appropriate action against anyone who, in our sole discretion, violates this Section, including removing content, suspending or terminating Accounts, and reporting activity to law enforcement.

The Service uses artificial-intelligence and machine-learning technologies provided by third parties, currently including OpenAI, Google (including Google Gemini and models hosted on Cloudflare Workers AI), to generate Signals and other content based on the inputs, Artifacts, and configuration you provide. To generate output, the Service transmits your inputs and related context to these third-party AI providers, which process that information to produce text, images, and audio that are returned to you through the Service. Those providers may retain and process the transmitted information in accordance with their own terms, including for service delivery and abuse monitoring. The use of third-party AI providers is described further in the Privacy Policy.

AI-generated output may be inaccurate, incomplete, outdated, biased, offensive, or otherwise unreliable, and may not reflect current events or real circumstances. Output is generated by predictive models and does not represent the views, advice, or recommendations of SentiWorks. The Service does not guarantee the accuracy, completeness, reliability, usefulness, or fitness for any particular purpose of any output. The same or similar output may be generated for other users, and output may not be unique to you. You are solely responsible for evaluating, verifying, and determining whether and how to use any output, and you should independently verify any important information before relying on it. You are responsible for your use of any output, including ensuring that your use complies with applicable law and does not infringe the rights of others. As between you and SentiWorks, and to the extent permitted by applicable law and the terms of our AI providers, output generated for you through the Service is yours to use, subject to these Terms; we make no representation that output is protectable or owned by you, and identical or similar output may be provided to others.

Fictional Agents and Likeness

The agents, personas, characters, names, likenesses, voices, and images made available through or generated by the Service are fictional and AI-generated. They are not real people, and they are not intended to depict, represent, or resemble any actual person, living or dead. Any resemblance to a real person — including to a real person's name, likeness, image, or voice — is unintentional and purely coincidental. Nothing in the Service implies any affiliation with, sponsorship by, or endorsement by any real person, and you must not use the Service or its output to suggest otherwise or in any manner that infringes any person's privacy, publicity, intellectual-property, or other rights.

The Service and its content, including Signals and other AI-generated output, are provided for general informational purposes only. The Service is not a substitute for, and does not provide, professional advice of any kind. Nothing made available through the Service constitutes legal, financial, investment, tax, accounting, medical, employment, security, or other professional advice, and no fiduciary, advisory, or professional relationship is created by your use of the Service. Signals that summarize, monitor, or comment on markets, securities, companies, news, or other topics are not investment research, recommendations, or solicitations, and must not be relied upon as the basis for any financial, legal, medical, or other decision. You should consult a qualified professional before making any decision that may have legal, financial, health, or other significant consequences. You are solely responsible for any decisions or actions you take based on the Service or its output.

The Service, including all software, code, models, systems, pipelines, designs, user interfaces, text, graphics, images, audio, logos, trademarks, service marks, trade names, documentation, and all other content and materials made available through the Service (other than User Content), and all intellectual property rights in and to the foregoing, are owned by SentiWorks or its licensors and are protected by United States and international intellectual property laws. "SentiWorks," "SentiBrief," and related names, logos, and marks are trademarks of SentiWorks. Except for the limited license expressly granted in Section 5, nothing in these Terms grants you any right, title, or interest in or to the Service or any of our intellectual property. You may not use our trademarks, logos, or branding without our prior written consent.

If you provide us with any suggestions, ideas, improvement requests, recommendations, or other feedback relating to the Service ("Feedback"), you grant SentiWorks a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, transferable, and sublicensable license to use, reproduce, modify, and otherwise exploit the Feedback for any purpose, without restriction or compensation to you. Feedback is provided voluntarily, and we are free to use it without any obligation to you.

The Service relies on, integrates with, and may contain links to services, applications, websites, and resources provided by third parties (collectively, "Third-Party Services"), including, without limitation: hosting, content-delivery, edge-compute, object-storage, bot-mitigation, and email infrastructure provided by Cloudflare, Inc.; database and authentication infrastructure provided by Neon, Inc.; payment processing provided by Stripe, Inc.; AI model providers including OpenAI and Google (Google Gemini and models hosted on Cloudflare Workers AI); identity, cloud-infrastructure, and push-notification services provided by Google LLC (including Google sign-in and Firebase Cloud Messaging); and identity, push-notification, and app-distribution services provided by Apple Inc.

Third-Party Services are governed by their own terms and privacy policies, and your use of them is at your own risk. We do not control, and are not responsible for, the availability, accuracy, content, products, services, or practices of any Third-Party Service. The inclusion of any Third-Party Service does not imply our endorsement of it. Any dealings you have with a Third-Party Service, including payment and delivery of goods or services and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and the third party. We are not liable for any loss or damage arising from your use of any Third-Party Service.

If you access or download our mobile application from a third-party application marketplace or distribution platform, such as the Apple App Store or Google Play (each, an "App Store"), your use of the application is also subject to the App Store's applicable terms of service. The following additional terms apply, and in the event of a conflict between these Terms and an App Store's terms with respect to your use of the application obtained from that App Store, the App Store's terms will govern solely to the extent of the conflict.

15.1 Apple App Store

These Terms are between you and SentiWorks only, and not with Apple, and Apple is not responsible for the application or its content. Your license to use the application is limited to a non-transferable license to use the application on any Apple-branded device that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. Apple has no obligation to furnish any maintenance or support services for the application. To the maximum extent permitted by applicable law, Apple has no warranty obligation with respect to the application, and any claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be solely our responsibility. Apple is not responsible for addressing any claims by you or any third party relating to the application or your possession or use of it, including product-liability claims, claims that the application fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer-protection, privacy, or similar legislation. Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party claim that the application or your use of it infringes that third party's intellectual property rights. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. You must comply with applicable third-party terms of agreement when using the application. Any questions, complaints, or claims with respect to the application should be directed to SentiWorks, Inc., 591 E Plaza Cir #1650, Litchfield Park, AZ 85340, or support@sentiworks.com. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary. Subscriptions purchased through the Apple App Store are billed through your Apple account, automatically renew unless canceled at least 24 hours before the end of the current period, and are managed and canceled through your Apple account settings; refunds for such purchases are handled by Apple in accordance with Apple's policies.

15.2 Google Play

If you obtained the application from Google Play, you acknowledge that these Terms are between you and SentiWorks only, and not with Google, and that Google is not responsible for the application or its content. Your use of the application must comply with the then-current Google Play Terms of Service. Google has no obligation to provide maintenance or support for the application.

The Service does not currently offer a public application programming interface (API) or developer program for general use. Any internal interfaces used to operate the Service are not made available for your independent use, and you may access the Service only through the interfaces and applications we provide. If we offer a public API or developer features in the future, your use of them will be subject to additional terms, which may include requirements relating to API keys and credentials, rate and usage limits, security obligations, prohibitions on resale and abuse, and your responsibility for all activity conducted with your credentials. Until then, any automated or programmatic access to the Service that is not expressly authorized by us is prohibited, as described in Section 9.

We may, from time to time, offer features, programs, or functionality that are identified or that you should reasonably understand to be beta, preview, early-access, pilot, or experimental (collectively, "Beta Features"). Beta Features are provided for evaluation purposes, may be incomplete or unstable, may contain bugs or errors, and may not perform as intended. Beta Features are provided "AS IS" and "AS AVAILABLE," without any warranty of any kind, and may be changed, suspended, limited, or discontinued, in whole or in part, at any time without notice and without any obligation or liability to you. We make no commitment to make any Beta Feature generally available, and any reliance on a Beta Feature is at your own risk.

We strive to keep the Service available and operational, but we do not guarantee that the Service will be uninterrupted, timely, secure, or error-free, or that it will always be available or available in any particular location. The Service is provided on an "as available" basis. We may, at any time and without liability to you: modify, update, add to, or remove features or functionality of the Service; perform scheduled or emergency maintenance; impose limits on certain features or restrict access to parts or all of the Service; and suspend, discontinue, or terminate the Service or any portion of it, in whole or in part. We will use commercially reasonable efforts to provide notice of material changes where practicable, but we are not obligated to do so. You are responsible for ensuring your equipment, software, and internet connectivity meet the requirements to access the Service, and for any associated costs.

You may stop using the Service at any time. You may cancel your Subscription as described in Section 6, and you may close your SentiBrief account by following the instructions in the Service or by contacting us at support@sentiworks.com. Deleting your SentiBrief account does not necessarily delete any separate or core SentiWorks account you may use for other SentiWorks products; requests to delete a broader SentiWorks account should be sent to support@sentiworks.com. You may also delete individual Agents and Artifacts within the Service, subject to the behavior described in the Service (for example, deleting files that are required by an Agent's setup may archive that Agent).

We may suspend, restrict, or terminate your access to the Service or your Account, in whole or in part, at any time and with or without notice, if: (a) you breach or we reasonably believe you have breached these Terms or any applicable law; (b) your use of the Service poses a security, legal, or operational risk to us, the Service, or others; (c) we are required to do so to comply with law or a governmental or court order; (d) your Account has been inactive for an extended period; (e) you fail to pay fees when due; or (f) we discontinue the Service or any part of it. We may also remove or disable User Content as described in these Terms.

Upon termination or expiration of these Terms or your Account: (i) your right to access and use the Service will immediately cease; (ii) any unused Signal Credits and any remaining Subscription benefits will be forfeited, except where prohibited by law; and (iii) we may delete or de-identify your User Content and Account data in accordance with our data-retention practices described in the Privacy Policy, although some information may persist in routine backups or as required by law. Sections of these Terms that by their nature should survive termination will survive, including Sections 2, 6.7, 7, 8 (with respect to content already submitted), 9, 10, 11, 12, 13, 16, 20, 21, 22, 23, 24, and 26 through 28.

Your privacy is important to us. Our collection, use, and disclosure of personal information in connection with the Service is described in our Privacy Policy, available at https://sentibrief.com/privacy, which is incorporated into these Terms by reference. By using the Service, you acknowledge that you have reviewed the Privacy Policy. You are responsible for the personal information of others that you choose to submit to or share through the Service, and you represent that you have any rights and consents necessary to do so.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, INCLUDING ALL CONTENT, SIGNALS, OUTPUT, AND OTHER MATERIALS MADE AVAILABLE THROUGH IT, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. SENTIWORKS AND ITS LICENSORS AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, SENTIWORKS DOES NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY CONTENT OR OUTPUT, INCLUDING AI-GENERATED OUTPUT, WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR FREE OF ERRORS; (D) ANY ERRORS OR DEFECTS WILL BE CORRECTED; OR (E) THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SENTIWORKS OR THROUGH THE SERVICE, CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK ARISING FROM YOUR USE OF THE SERVICE AND ANY OUTPUT.

WHILE WE IMPLEMENT MEASURES DESIGNED TO PROTECT THE SERVICE AND YOUR INFORMATION, NO METHOD OF TRANSMISSION OR STORAGE IS COMPLETELY SECURE, AND WE DO NOT GUARANTEE THE ABSOLUTE SECURITY OF THE SERVICE OR YOUR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU; IN THAT CASE, SUCH WARRANTIES ARE LIMITED TO THE MINIMUM SCOPE AND DURATION PERMITTED BY LAW.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SENTIWORKS OR ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, USE, OR BUSINESS OPPORTUNITY, WHETHER OR NOT FORESEEABLE AND WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE OR ANY OUTPUT, EVEN IF SENTIWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF SENTIWORKS AND THE PARTIES DESCRIBED ABOVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO SENTIWORKS FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND ARE A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN YOU AND SENTIWORKS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS OR EXCLUDES LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

23.1 Informal Resolution

Before initiating any arbitration or other proceeding, you and SentiWorks agree to first try to resolve the dispute informally for at least sixty (60) days. To begin, you must send a written notice of the dispute to support@sentiworks.com that includes your name, information sufficient to identify your Account, a description of the dispute, and the relief you are seeking. You and SentiWorks will attempt in good faith to resolve the dispute through this informal process. If the dispute is not resolved within sixty (60) days after the notice is received, either party may commence arbitration. This informal-resolution requirement is a condition precedent to commencing arbitration, and the deadline for filing any claim is tolled while the parties engage in this process.

23.2 Agreement to Arbitrate

You and SentiWorks agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (a "Dispute"), that is not resolved through informal resolution will be resolved exclusively through final and binding arbitration, rather than in court, except as expressly provided in this Section. The Federal Arbitration Act governs the interpretation and enforcement of this Section.

23.3 Exceptions

Notwithstanding the foregoing, this Section does not require arbitration of: (a) an individual claim brought in small-claims court, so long as the claim remains in that court and proceeds only on an individual basis; or (b) a claim seeking injunctive or other equitable relief to stop the unauthorized use or abuse of the Service or the infringement or misappropriation of intellectual property rights. Either party may seek such relief in the courts described in Section 24.

23.4 Arbitration Procedures

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (the "AAA Rules"), as modified by these Terms. The AAA Rules are available at www.adr.org. The arbitration will be conducted before a single neutral arbitrator. The arbitrator will have exclusive authority to resolve any Dispute, including any claim that all or part of these Terms is unenforceable, except that a court (and not the arbitrator) will decide any question regarding the enforceability or scope of the class-action waiver in Section 23.5. The seat of the arbitration will be in the State of Delaware; however, you may elect to have hearings conducted by telephone, by video, or based on written submissions, or in the county of your residence, to the extent permitted by the AAA Rules. The arbitrator may award the same individual relief that a court could award and must follow these Terms. Payment of filing, administration, and arbitrator fees will be governed by the AAA Rules, and SentiWorks will pay or reimburse those fees to the extent required by the AAA Rules or applicable law. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

23.5 Class-Action and Jury-Trial Waiver

YOU AND SENTIWORKS 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, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. 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. YOU AND SENTIWORKS EACH WAIVE ANY RIGHT TO A JURY TRIAL. If a court or arbitrator decides that applicable law precludes enforcement of any of the limitations of this Section 23.5 as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in the courts described in Section 24, and all other claims will be arbitrated.

23.6 Right to Opt Out of Arbitration

You may opt out of the arbitration agreement and class-action waiver in this Section by sending written notice of your decision to opt out to support@sentiworks.com within thirty (30) days after you first accept these Terms. The notice must include your name, the email address associated with your Account, and a clear statement that you wish to opt out of arbitration. If you opt out, neither you nor SentiWorks will be required to arbitrate Disputes, and Section 24 will govern. Opting out of arbitration has no effect on any other part of these Terms.

23.7 Severability and Survival

Except as provided in Section 23.5, if any portion of this Section 23 is found to be unenforceable, the remainder will remain in effect. This Section survives termination of these Terms and your Account.

These Terms and any Dispute arising out of or relating to these Terms or the Service are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles, and by applicable U.S. federal law. The United Nations Convention on Contracts for the International Sale of Goods does not apply. For any Dispute that is not subject to arbitration under Section 23 (including a Dispute for which arbitration has been validly opted out of, a claim within the exceptions in Section 23.3, or a claim severed under Section 23.5), you and SentiWorks agree to submit to the exclusive jurisdiction of, and venue in, the state and federal courts located in the State of Delaware, and you waive any objection to such courts on the grounds of inconvenient forum or otherwise. This Section does not deprive you of any protection of the mandatory consumer-protection laws of the U.S. state in which you reside that cannot be waived by agreement.

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless SentiWorks and its affiliates, and their respective officers, directors, employees, agents, licensors, and service providers, from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your access to or use of the Service; (b) your User Content, including any claim that it infringes, misappropriates, or violates the rights of any third party or any law; (c) your violation of these Terms or any applicable law; (d) your violation of the rights of any third party, including any recipient of content you share; or (e) your misuse of any output. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense of that matter. You will not settle any matter that affects SentiWorks without our prior written consent.

We may modify these Terms from time to time. When we make changes, we will revise the "Last Updated" date above and post the updated Terms within the Service. If we make material changes, we will provide additional notice as appropriate, such as by posting a prominent notice within the Service or by sending an email to the address associated with your Account. Changes are effective when posted unless otherwise stated. Your continued access to or use of the Service after the updated Terms take effect constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Service and may cancel your Subscription and close your Account. We will not apply material changes retroactively to a Dispute of which we have actual notice.

Entire Agreement. These Terms, together with the Privacy Policy and any additional terms applicable to specific features (such as App Store terms or terms presented at the point of purchase), constitute the entire agreement between you and SentiWorks regarding the Service and supersede all prior or contemporaneous agreements and understandings regarding the same subject matter.

Assignment. You may not assign or transfer these Terms, or any rights or obligations under them, without our prior written consent, and any attempted assignment in violation of this provision is void. We may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets. These Terms bind and inure to the benefit of the parties and their permitted successors and assigns.

Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect, except as otherwise provided in Section 23.5.

No Waiver. Our failure to enforce any provision of these Terms will not be deemed a waiver of that provision or of our right to enforce it. Any waiver must be in writing and signed by an authorized representative of SentiWorks.

Force Majeure. SentiWorks will not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, labor disputes, internet or utility failures, governmental actions, failures of third-party services or providers, or other events of force majeure.

Notices and Electronic Communications. You consent to receive communications from us electronically, including by email to the address associated with your Account and by notices posted within the Service, and you agree that all such electronic communications satisfy any legal requirement that a communication be in writing. We may provide notices to you by email, by posting within the Service, or by other reasonable means. You may provide notices to us at support@sentiworks.com or by mail to SentiWorks, Inc., 591 E Plaza Cir #1650, Litchfield Park, AZ 85340.

Relationship of the Parties. Nothing in these Terms creates any partnership, joint venture, agency, franchise, employment, or fiduciary relationship between you and SentiWorks. No third party other than as expressly stated in Section 15.1 is an intended third-party beneficiary of these Terms.

Export and Sanctions Compliance. You represent and warrant that you are not located in, and will not use the Service in or for the benefit of, any country, region, or person subject to U.S. embargoes or trade sanctions, and that you are not identified on any U.S. Government list of prohibited or restricted parties. You agree to comply with all applicable U.S. export-control and sanctions laws.

Headings and Interpretation. Section headings are for convenience only and do not affect the interpretation of these Terms. The words "including" and "include" mean "including without limitation."

If you have questions about these Terms or the Service, please contact us: