These terms and conditions outline the rules and regulationsfor the use of Outboundflow's Website, located at https://www.Outboundflow.ai/.By accessing this website we assume you accept these terms and conditions. Donot continue to use https://www.Outboundflow.ai/ if you do not agree to takeall of the terms and conditions stated on this page.
Please read these Terms of Service (the “Terms”) and ourPrivacy Policy (“Privacy Notice”) carefully because they govern your use of theOutboundflow.ai. (“Outboundflow.ai”) website located at www.Outboundflow.ai(the “Site”), Outboundflow.ai’s copy content generation services, and any copycontent generated by Outboundflow.ai’s services for you based on your UserContent (defined below) (“Generated Content”). To make these Terms easier toread, the Site, our services, and the Generated Content are collectively calledthe “Services.”
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TOTHESE TERMS YOU ARE AGREEING (WITHOUT EXCEPTION) TO RESOLVE ANY DISPUTE BETWEENYOU AND OUTBOUNDFLOW.AI THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN INCOURT. PLEASE REVIEW CAREFULLY SECTION 16 “DISPUTE RESOLUTION” BELOW FORDETAILS REGARDING ARBITRATION.
BY CLICKING “I ACCEPT” OR ACCESSING OR USING OUR SERVICES,YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE.IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT USE OUR SERVICES.
1. Agreement to Terms. By using our Services, you agree to be bound bythese Terms. If you do not agree to be bound by these Terms, do not use theServices. If you are accessing and using the Services on behalf of a company(such as your employer) or other legal entity, you represent and warrant thatyou have the authority to bind that entity to these Terms. In that case, “you”and “your” will refer to that entity.
2. Privacy Notice. Please review our Privacy Notice, which also governsyour use of the Services, for information on how we collect, use and share yourinformation.
3. Changesto these Terms or the Services. We may update the Terms from time to time inour sole discretion. If we do, we’ll let you know by posting the updated Termson the Site and/or may also send other communications. It’s important that youreview the Terms whenever we update them or you use the Services. If youcontinue to use the Services after we have posted updated Terms it means thatyou accept and agree to the changes. If you don’t agree to be bound by thechanges, you may not use the Services anymore. Because our Services areevolving over time we may change or discontinue all or any part of theServices, at any time and without notice, at our sole discretion.
4. WhoMay Use the Services?
You may use the Services only if you are 18 years or olderand capable of forming a binding contract with Outboundflow.ai, and nototherwise barred from using the Services under applicable law.
For certain features of the Services you will need anaccount. It is important that you provide us with accurate, complete andcurrent account information and keep this information up to date. If you don’t,we might have to suspend or terminate your account. To protect your account,keep the account details and password confidential, and notify us right away ofany unauthorized use. You are responsible for all activities that occur underyour account.
5. Feedback. We appreciate feedback, comments, ideas, proposals andsuggestions for improvements to the Services (“Feedback”). If you choose tosubmit Feedback, you agree that we are free to use it without any restrictionor compensation to you.
6. Subscriptions. Outboundflow.ai requires payment of a fee for use of theServices (or certain portions thereof) and you agree to pay such fees.
(a) General. When you purchase a subscription for the Services(“Subscription”), you expressly authorize us (or our third-party paymentprocessor) to charge you for such Subscription. We may ask you to supplyadditional information relevant to your Subscription, including your creditcard number, the expiration date of your credit card and your email and postaladdresses for billing and notification (such information, “PaymentInformation”). You represent and warrant that you have the legal right to useall payment method(s) represented by any such Payment Information. When youinitiate a Subscription, you authorize us to provide your Payment Informationto third parties so we can complete the transaction related to yourSubscription and to charge your payment method for the type of Subscription youhave selected (plus any applicable taxes and other charges). You may need toprovide additional information to verify your identity before completing your Subscription(such information is included within the definition of Payment Information). Byinitiating a Subscription, you agree to the pricing, payment and billingpolicies applicable to such fees and charges, as posted or otherwisecommunicated to you. All payments for Subscriptions are non-refundable andnon-transferable except as expressly provided in these Terms. All fees andapplicable taxes, if any, are payable in United States dollars.
(b) Subscriptions. If you purchase a Subscription, you will be charged theannual Subscription fee, plus any applicable taxes, and other charges(“Subscription Fee”), at the beginning of your Subscription and each yearthereafter, at the then-current Subscription Fee. BY PURCHASING A SUBSCRIPTION,YOU AUTHORIZE OUTBOUNDFLOW.AI TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS ASSET FORTH BELOW. If you purchase a Subscription, we (or our third-party paymentprocessor) will automatically charge you each year on the anniversary of thecommencement of your Subscription, using the Payment Information you haveprovided until you cancel your Subscription. By agreeing to these Terms andelecting to purchase a Subscription, you acknowledge that your Subscription hasrecurring payment features and you accept responsibility for all recurringpayment obligations prior to cancellation of your Subscription by you or Outboundflow.ai.Your Subscription continues until cancelled by you or we terminate your accessto or use of the Services or Subscription in accordance with these Terms. Bysubscribing to Outboundflow you have certified to have agreed to the terms andconditions of our subscription policy.
(c) Cancelling Your Subscription. You may cancel your Subscription plan atany time. Trial payments are non refundable. YOUR MONTHLY PAYMENTS ARE FINALAND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOURSUBSCRIPTION FEE AT ANY TIME. But if something unexpected happens in the courseof completing a transaction, we reserve the right to cancel your transactionfor any reason; if we cancel your transaction we will refund any payment youhave already remitted to us for such transaction. Without limiting theforegoing, you may cancel your Subscription at any time, but please note thatsuch cancellation will be effective at the end of the then-current Subscriptionperiod. EXCEPT AS SET FORTH ABOVE WITH RESPECT TO YOUR INITIAL SUBSCRIPTIONPURCHASE, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEEPAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. Tocancel, you can send an email to support@Outboundflow.co or you can cancel inyour account settings of Outboundflow. You will be responsible for allSubscription Fees (plus any applicable taxes and other charges) incurred forthe then-current Subscription period. If you cancel, your right to use theServices will continue until the end of your then current Subscription periodand will then terminate without further charges. If you cancel within yourtrial, you will be immediately canceled. If you cancel within your billingcycle and have already paid for the month, your cancel will be set at the endof your cycle. Please notify us 48 hours before your next billing period if youwould like to cancel your account. If you do not notify us 48 hours before thenext billing period we cannot guarantee your account will be cancelled beforethe next billing period.
(d) TrialOffers. We may offer to certain qualifying users paid Subscriptions on a trialbasis (“Free Trial or $1 Trial for example”) for a specified period of time. Ifwe offer you a Trial, the specific terms of your Trial will be provided atsignup. Your use of the Trial is subject to your compliance with such specificterms. Certain limitations may exist with respect to combining Trials with anyother offers. Except as may otherwise be provided in the specific terms for theTrial offer, Trials are only available to users who have not previously held apaid Subscription. When you agree to a Trial, you are also agreeing to sign upfor a paid Subscription as described above and, consequently, unless you cancelyour Subscription prior to the end of your Trial, we (or our third partypayment processor) will begin charging your payment method on a recurringannual basis for the applicable annual fee (plus any applicable taxes and othercharges) at the end of the Trial until you cancel your Subscription. If youwish to avoid charges to your Payment Information, you must cancel yourSubscription 48 hours prior to midnight Eastern Time on the last day of yourTrial period. Instructions for cancelling your subscription are stated in thesection above titled “Canceling Your Subscription.”
(e) Discounted or special offer subscription plans. You may cancel yourdiscounted Subscription plan at any time. ALL DISCOUNTED SUBSCRIPTION PAYMENTSARE FINAL AND YOU WILL NOT BE ABLE TO RECEIVE A REFUND OF YOUR SUBSCRIPTION FEEAT ANY TIME.
7. YourContent.
(a) Posting Content. Our Services may allow you to store or share contentsuch as text (in posts or communications with others), files, documents,graphics, images, music, software, audio and video. Anything (other thanFeedback) that you post or otherwise make available through the Services is referredto as “User Content.” Outboundflow.ai does not claim any ownership rights inany User Content and nothing in these Terms will be deemed to restrict anyrights that you may have to your User Content.
(b) Permissions to Your User Content. By making any User Content availablethrough the Services you hereby grant to Outboundflow.ai, its licensors, andtheir affiliates a non-exclusive, transferable, perpetual, irrevocable,worldwide, royalty-free, fully paid-up license, with the right to sublicense,to use, host, store, copy, communicate, modify, create derivative works basedupon, distribute, publish, publicly display, and publicly perform your UserContent in connection with Outboundflow.ai, its licensors, and their affiliateproviding, operating, securing, and improving their services.
(c) YourResponsibility for User Content. You are solely responsible for all your UserContent. You represent and warrant that you have (and will have) all rightsthat are necessary to grant us the license rights in your User Content underthese Terms. You represent and warrant that neither your User Content, nor youruse and provision of your User Content to be made available through theServices, nor any use of your User Content by Outboundflow.ai on or through theServices will infringe, misappropriate or violate a third party’s intellectualproperty rights, or rights of publicity or privacy, or result in the violationof any applicable law or regulation.
(d) Removal of User Content. You can remove your User Content byspecifically deleting it. You should know that in certain instances, some ofyour User Content, (such as posts or comments you make), may not be completelyremoved and copies of your User Content may continue to exist on the Services.To the maximum extent permitted by law, we are not responsible or liable forthe removal or deletion of (or the failure to remove or delete) any of yourUser Content.
(e) YourUse of Generated Content. Subject to your compliance with these Terms, Outboundflow.aihereby grants you a non-exclusive, worldwide, license, with the right tosublicense, to use, copy, modify, sell, create derivative works based upon,distribute, publicly display, and publicly perform Generated Content for yourlawful business purposes.
(f) Ownership of Intellectual Property. We may make available through theServices content that is subject to intellectual property rights, includingGenerated Content. We and our licensors (as applicable) retain all rights tothat content.
8. UsageRequirements, General Prohibitions, and Outboundflow.ai’s Enforcement Rights.
(a) Youagree that you will use the Services:
Only in a lawful manner and in compliance with allapplicable laws;
In accordance with the Terms, the license granted in Section7(e), and any documentation, usage guidelines, parameters, and otherrequirements provided to you by Outboundflow.ai or its licensors, as may bemodified by Outboundflow.ai or its licensors from time to time;
In a manner that does not infringe, misappropriate, orotherwise violate any of Outboundflow.ai’s or its licensors’ rights or those ofany other person or entity;
As it relates to Generated Content, in a manner that isconsistent with the OpenAI mission and Charter, which is incorporated herein byreference, as determined by OpenAI in its sole discretion;
In a manner that does not violate these Terms, any agreementbetween you and anyone else or our or a third party’s rights; and
In compliance with, and you will not attempt to circumvent,any call rate limits or other restrictions that may be established by Outboundflow.aior its licensors from time to time.
You further agree that you will make reasonable efforts toreduce the likelihood, severity, and scale of any societal harm caused by youruse of the Services (including the use and sharing of Generated Content) byfollowing the OpenAI API Usage Guidelines. Outboundflow.ai and OpenAI mayrequest information from you regarding your efforts to reduce safety risks, andyou agree to provide such information. Such information may be used to assess compliance with these Terms aswell as to inform improvements to the Services (including any componentsthereof).
(b) You agree not to do any of thefollowing:
Post, upload, publish, submit or transmit any User Contentthat: (i) infringes, misappropriates or violates a third party’s patent,copyright, trademark, trade secret, moral rights or other intellectual propertyrights, or rights of publicity or privacy; (ii) violates, or encourages anyconduct that would violate, any applicable law or regulation or would give riseto civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv)is defamatory, obscene, pornographic, vulgar or offensive; (v) promotesdiscrimination, bigotry, racism, hatred, harassment or harm against anyindividual or group; (vi) is violent or threatening or promotes violence oractions that are threatening to any person or entity; or (vii) promotes illegalor harmful activities or substances;
Distribute, sell, lend, transfer or grant any rights in orto any or all of the Services, (except for Generated Content as permitted underthis Agreement);
Create any software that functions substantially the same asthe Services (including any component thereof) and offer it to third parties;
Modify, alter, tamper with, repair or otherwise createderivative works (except as permitted by Section 7(e)) of the Services, orattempt to do so;
Use the Services in connection with any spyware, malware,virus, worm, trojan horse, or other malicious or harmful code, or any softwareapplication not expressly and knowingly authorized by users prior to beingdownloaded or installed on their computer or other electronic device;
Use the Services to discover any underlying components of Outboundflow.ai’sor its licensors’ models, algorithms, and systems, such as exfiltrating theweights of any of Outboundflow.ai‘s or its licensors’ models by cloning vialogits;
Remove, obscure, or alter any notice, including any noticeof intellectual property right appearing on or contained within the Services(including any component thereof);
Interfere or attempt to interfere in any manner with thefunctionality or proper working of the Services (including any componentthereof);
Use, display, mirror or frame the Services or any individualelement within the Services, Outboundflow.ai’s name, any Outboundflow.aitrademark, logo or other proprietary information, or the layout and design ofany page or form contained on a page, without Outboundflow.ai’s express writtenconsent;
Access, tamper with, or use non-public areas of theServices, Outboundflow.ai’s computer systems, or the technical delivery systemsof Outboundflow.ai’s providers;
Attempt to probe, scan or test the vulnerability of any Outboundflow.aisystem or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble orotherwise circumvent any technological measure implemented by Outboundflow.aior any of Outboundflow.ai’s providers or any other third party (includinganother user) to protect the Services;
Attempt to access or search the Services or download contentfrom the Services using any engine, software, tool, agent, device or mechanism(including spiders, robots, crawlers, data mining tools or the like) other thanthe software and/or search agents provided by Outboundflow.ai;
Use web scraping, web harvesting, or web data extractionmethods to extract data from the Services (including Generated Content), or Outboundflow.ai’s,its licensors’, and their affiliates’ software, models, or systems.
Send any unsolicited or unauthorized advertising,promotional materials, email, junk mail, spam, chain letters or other form ofsolicitation;
Use any meta tags or other hidden text or metadata utilizinga Outboundflow.ai’s trademark, logo URL or product name without Outboundflow.ai’sexpress written consent;
Use the Services, or any portion thereof, for any commercialpurpose or for the benefit of any third party or in any manner not permitted bythese Terms;
Forge any TCP/IP packet header or any part of the headerinformation in any email or newsgroup posting, or in any way use the Servicesto send altered, deceptive or false source-identifying information;
Decipher, decompile, disassemble, reverse assemble, reversecompile, decompile, translate, or reverse engineer any component or softwareused to provide the Services, discover the source code of any component of theServices, or attempt to do any of the foregoing;
Interfere with, or attempt to interfere with, the access ofany user, host or network, including, without limitation, sending a virus,overloading, flooding, spamming, or mail-bombing the Services;
Collect or store any personally identifiable informationfrom the Services from other users of the Services without their expresspermission;
Impersonate or misrepresent your affiliation with any personor entity;
Provide or upload any information to the Services that is“Protected Health Information” as defined under the Health InsurancePortability and Accountability Act;
Use the Services in a way that causes societal harmincluding, but not limited to, (i) misleading end users that any GeneratedContent was human-generated for generative use cases that do not involve ahuman in the loop, (ii) generating spam, and (iii) generating content fordissemination in electoral campaigns;
Use the Services in a way that violates any applicable lawor regulation including, but not limited to, (i) illegal activities such aschild pornography, gambling, piracy, violating copyright, trademark or otherintellectual property laws, (ii) accessing or authorizing anyone to access theServices from an embargoed country as prohibited by the United Statesgovernment, and (iii) threating, stalking, defaming, defrauding, degrading,victimizing, or intimidating anyone for any reason; and
Encourage or enable any other individual to do any of theforegoing.
Outboundflow.ai is not obligated to monitor access to or useof the Services or to review or edit any content. However, we have the right todo so for the purpose of operating the Services, to ensure compliance withthese Terms and to comply with applicable law or other legal requirements. Wereserve the right, but are not obligated, to remove or disable access to anycontent, including User Content, at any time and without notice, including, butnot limited to, if we, at our sole discretion, consider it objectionable or inviolation of these Terms. We have the right to investigate violations of theseTerms or conduct that affects the Services. We may also consult and cooperatewith law enforcement authorities to prosecute users who violate the law.
9. DMCA/Copyright Policy. Outboundflow.ai respects copyright law andexpects its users to do the same. It is Outboundflow.ai’s policy to terminatein appropriate circumstances account holders who repeatedly infringe or are believedto be repeatedly infringing the rights of copyright holders. Please see Outboundflow.ai’sCopyright Policy for further information.
10. Linksto Third Party Websites or Resources. The Services may allow you to accessthird-party websites or other resources. We provide access only as aconvenience and are not responsible for the content, products or services on oravailable from those resources or links displayed on such websites. Youacknowledge sole responsibility for and assume all risk arising from, your useof any third-party resources.
11. Termination. We may suspend or terminate your access to and use of theServices, including suspending access to or terminating your account, at oursole discretion, at any time and without notice to you. You may cancel youraccount at any time by sending us an email at support@Outboundflow.co Upon anytermination, discontinuation or cancellation of the Services or your account,the following Sections will survive: 6(a), 6(b), 6(c) (only for payments dueand owing to Outboundflow.ai prior to the termination), 6(d), 7(b), 7(c), 7(e),7(f), 8, 9, 11, 12, 13, 14, 15, 16 and 17.
12. Warranty Disclaimers. THE SERVICES ARE PROVIDED “AS IS,” WITHOUTWARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE AND OUR LICENSORSEXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIESARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We and our licensors makeno warranty that the Services will meet your requirements or be available on anuninterrupted, secure, or error-free basis. We make no warranty regarding thequality, accuracy, timeliness, truthfulness, completeness or reliability of anyinformation or content on the Services.
13. Indemnity. You will indemnify and hold Outboundflow.ai, its licensors,their affiliates, and each of their officers, directors, employees,representatives, and agents, harmless from and against any claims, disputes,demands, liabilities, damages, losses, and costs and expenses, including,without limitation, reasonable legal and accounting fees arising out of or inany way connected with (a) your access to or use of the Services, (b) your UserContent, (c) your violation of these Terms, or (d) your actual or allegedinfringement, misappropriation, or violation of Outboundflow.ai’s, itslicensors’, or any third party’s intellectual property or proprietary rights.
14. Limitation of Liability.
(a) TO THEMAXIMUM EXTENT PERMITTED BY LAW, NEITHER OUTBOUNDFLOW.AI NOR ITS SERVICEPROVIDERS AND LICENSORS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THESERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIALDAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOSTBUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTERDAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISINGOUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USETHE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OUTBOUNDFLOW.AIOR ITS LICENSORS OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITYOF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVEFAILED OF ITS ESSENTIAL PURPOSE.
(b) TO THE MAXIMUM EXTENT PERMITTED BY THE LAWOF THE APPLICABLE JURISDICTION, IN NO EVENT WILL OUTBOUNDFLOW.AI’S TOTAL LIABILITY ARISING OUT OF OR INCONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICESEXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO OUTBOUNDFLOW.AI FORUSE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANYPAYMENT OBLIGATIONS TO OUTBOUNDFLOW.AI, AS APPLICABLE.
(c) THEEXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTSOF THE BASIS OF THE BARGAIN BETWEEN OUTBOUNDFLOW.AI AND YOU.
15. Governing Law and Forum Choice. These Terms and any action relatedthereto will be governed by the Federal Arbitration Act, federal arbitrationlaw, and the laws of the State of California, without regard to its conflict oflaws provisions. Except as otherwise expressly set forth in Section 16 “DisputeResolution,” the exclusive jurisdiction for all Disputes (defined below) thatyou and Outboundflow.ai are not required to arbitrate will be the state andfederal courts located in Santa Clara County, and you and Outboundflow.ai eachwaive any objection to jurisdiction and venue in such courts.
16. DisputeResolution.
(a) Mandatory Arbitration of Disputes. We each agree that any dispute, claimor controversy arising out of or relating to these Terms or the breach,termination, enforcement, interpretation or validity thereof or the use of theServices (collectively, “Disputes”) will be resolved solely by binding,individual arbitration and not in a class, representative or consolidatedaction or proceeding. You and Outboundflow.ai agree that the U.S. FederalArbitration Act governs the interpretation and enforcement of these Terms, andthat you and Outboundflow.ai are each waiving the right to a trial by jury orto participate in a class action. This arbitration provision shall survivetermination of these Terms.
(b) Exceptions. As limited exceptions to Section 16(a) above: (i) we bothmay seek to resolve a Dispute in small claims court if it qualifies; and (ii)we each retain the right to seek injunctive or other equitable relief from acourt to prevent (or enjoin) the infringement or misappropriation of ourintellectual property rights.
(c) Conducting Arbitration and ArbitrationRules. The arbitration will be conducted by the American ArbitrationAssociation (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) thenin effect, except as modified by these Terms. The AAA Rules are available atwww.adr.org or by calling 1-800-778-7879. A party who wishes to startarbitration must submit a written Demand for Arbitration to AAA and give noticeto the other party as specified in the AAA Rules. The AAA provides a formDemand for Arbitration at www.adr.org.
Any arbitration hearings will take place in the county (orparish) where you live, unless we both agree to a different location. Theparties agree that the arbitrator shall have exclusive authority to decide allissues relating to the interpretation, applicability, enforceability and scopeof this arbitration agreement.
(d) Arbitration Costs. Payment of all filing, administration and arbitratorfees will be governed by the AAA Rules, and we won’t seek to recover the administrationand arbitrator fees we are responsible for paying, unless the arbitrator findsyour Dispute frivolous. If we prevail in arbitration we’ll pay all of ourattorneys’ fees and costs and won’t seek to recover them from you. If youprevail in arbitration you will be entitled to an award of attorneys’ fees andexpenses to the extent provided under applicable law.
(e) Injunctive and Declaratory Relief. Except as provided in Section 16(b)above, the arbitrator shall determine all issues of liability on the merits ofany claim asserted by either party and may award declaratory or injunctiverelief only in favor of the individual party seeking relief and only to theextent necessary to provide relief warranted by that party’s individual claim.To the extent that you or we prevail on a claim and seek public injunctiverelief (that is, injunctive relief that has the primary purpose and effect ofprohibiting unlawful acts that threaten future injury to the public), theentitlement to and extent of such relief must be litigated in a civil court ofcompetent jurisdiction and not in arbitration. The parties agree thatlitigation of any issues of public injunctive relief shall be stayed pendingthe outcome of the merits of any individual claims in arbitration.
(f) ClassAction Waiver. YOU AND OUTBOUNDFLOW.AI AGREE THAT EACH MAY BRING CLAIMS AGAINSTTHE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF ORCLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, ifthe parties’ Dispute is resolved through arbitration, the arbitrator may notconsolidate another person’s claims with your claims, and may not otherwisepreside over any form of a representative or class proceeding. If this specificprovision is found to be unenforceable, then the entirety of this DisputeResolution section shall be null and void.
(g) Severability. With the exception of any of the provisions in Section16(f) of these Terms (“Class Action Waiver”), if an arbitrator or court ofcompetent jurisdiction decides that any part of these Terms is invalid orunenforceable, the other parts of these Terms will still apply.
17. GeneralTerms.
(a) Reservation of Rights. Outboundflow.ai and its licensors exclusively ownall right, title and interest in and to the Services, including all associatedintellectual property rights. Notwithstanding the foregoing, Outboundflow.ai’slicensor, OpenAI LLC, exclusively owns all right, title and interest in and toGenerated Content. Outboundflow.ai claims no ownership of Generated Content.You acknowledge that the Services are protected by copyright, trademark, andother laws of the United States and foreign countries. You agree not to remove,alter or obscure any copyright, trademark, service mark or other proprietaryrights notices incorporated in or accompanying the Services.
(b) EntireAgreement. These Terms constitute the entire and exclusive understanding andagreement between Outboundflow.ai and you regarding the Services, and theseTerms supersede and replace all prior oral or written understandings oragreements between Outboundflow.ai and you regarding the Services. If anyprovision of these Terms is held invalid or unenforceable by an arbitrator or acourt of competent jurisdiction, that provision will be enforced to the maximumextent permissible and the other provisions of these Terms will remain in fullforce and effect. You may not assign or transfer these Terms, by operation oflaw or otherwise, without Outboundflow.ai’s prior written consent. Any attemptby you to assign or transfer these Terms, without such consent, will be null. Outboundflow.aimay freely assign or transfer these Terms without restriction. Subject to theforegoing, these Terms will bind and inure to the benefit of the parties, theirsuccessors and permitted assigns.
(c) Notices. Any notices or other communications provided by Outboundflow.aiunder these Terms will be given: (i) via email; or (ii) by posting to theServices. For notices made by email, the date of receipt will be deemed thedate on which such notice is transmitted.
(d) Waiver of Rights. Outboundflow.ai’s failure to enforce any right or provision of these Terms will not be considered awaiver of such right or provision. The waiver of any such right or provisionwill be effective only if in writing and signed by a duly authorizedrepresentative of Outboundflow.ai. Except as expressly set forth in theseTerms, the exercise by either party of any of its remedies under these Termswill be without prejudice to its other remedies under these Terms or otherwise.
18. ContactInformation. If you have any questions about these Terms or the Services,please contact Outboundflow.ai at: support@trendoutletbrands.com