Terms of Use

Welcome to amplified.ai, the website and online service of amplified ai, Inc. (“Amplified,” “we,” “our,” or “us”). This page explains the terms and conditions by which you may use our website, including the purchase of Amplified products thereon, and our online services and software provided on or in connection with the service (collectively the “Service”). By registering for an account, accessing or using the Service, you signify that you have read, understood, and agree to be bound by these Terms of Use (“Terms”) and to the collection and use of your information as set forth in the Amplified Privacy Policy, available athttps://app.amplified.ai/privacy, which is hereby incorporated by reference. These Terms applies to all visitors, users, and others who access the Service (“Users”). If you are not eligible, or do not agree to these Terms, then please do not use the Service.

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. You acknowledge and agree that, as provided in greater detail in these Terms:

  • We reserve the right to make unilateral modifications to these Terms and will provide notice of these changes;

  • We may charge fees for our Service and products and may set the amount of the fees at our sole discretion and may charge you on a subscription basis, which is subject to automatic billing;

  • We do not provide any professional advice through the Service and we make no representations, warranties, and/or covenants concerning the information provided on the Service; and

  • These Terms contain a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

  1. Use of Our Service

  2. Eligibility

You may use the Service only if you can form a binding contract with Amplified, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under eighteen (18) years of age is strictly prohibited and in violation of these Terms. The Service is not available to any Users previously removed from the Service by Amplified.

  1. Amplified Service

    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 Service for your personal, noncommercial use and only as permitted by the features of the Service. Amplified reserves all rights to the Service, the Amplified Content (as defined below), and any and all other rights not expressly granted herein. Amplified may terminate this license at any time for any reason or no reason.

  2. Amplified Accounts

To access some features and functionalities of the Service, you may be required to register for an Amplified account. We may maintain different types of accounts for different types of Users. If you open an Amplified account on behalf of a company, organization, or other entity, then: (a) “you” includes you and that entity; and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.

You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Amplified immediately of any breach of security or unauthorized use of your account. Amplified will not be liable for any losses caused by any unauthorized use of your account.

You may control your User profile and how you interact with the Service by changing the settings athttps://app.amplified.ai/settings. By providing Amplified your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences athttps://app.amplified.ai/settings. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

  1. Service Rules

You are solely responsible for your interactions with other Users on the Service. You understand that Amplified does not supervise or control interactions among or between Users on the Service.

We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.

  1. Prohibited Activities

    BY AGREEING TO THESE TERMS, YOU AGREE NOT TO, NOR PERMIT, FACILITATE, OR OTHERWISE ASSIST ANYONE ELSE TO, DIRECTLY OR INDIRECTLY ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES:

    1. (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”;
    2. (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Amplified servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;
    3. (iii) transmitting spam, chain letters, or other unsolicited email;
    4. (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
    5. (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
    6. (vi) uploading invalid data, viruses, worms, or other software agents through the Service;
    7. (vii) collecting or harvesting any personally identifiable information, including account names, from the Service;
    8. (viii) using the Service for any commercial solicitation purposes;
    9. (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
    10. (x) interfering with the proper working of the Service;
    11. (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or
    12. (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
    13. (xiii) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, know-how, or algorithms relevant to the Software or any software, documentation, or data related to the Software;
    14. (xiv) modify, translate, or create derivative works based on the Software;
    15. (xv) copy, rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Software;
    16. (xvi) use the Software for the benefit of a third party or to operate a service bureau;
    17. (xvii) use the Software to build a competitive product or service, or for any other competitive purposes;
    18. (xviii) use the Software for any purpose that may violate any applicable laws or regulations.

Engaging in any of the foregoing shall constitute a material breach of these Terms. The User acknowledges that engaging in any of these prohibited activities may result in irreparable harm to the Company, and that monetary damages may be inadequate compensation. Accordingly, the Company shall be entitled to seek injunctive relief, in addition to any other remedies available at law or in equity, in the event of a breach or threatened breach.

The Service is not intended to be a source for bulk downloads of data. Users who wish to download large amounts of data should contactsupport@amplified.ai.

  1. User Content

Some areas of the Service allow Users to create, submit or otherwise make available content such as patent information, annotations, comments, questions, and other content or information (collectively, “User Content”). We claim no ownership rights over your User Content. The User Content you create, submit or otherwise make available through the Service remains yours; however, by sharing User Content through the Service, you agree to allow other Users you select to view, edit, and/or share your User Content in accordance with your settings and these Terms. Amplified has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.

You agree not to create, submit or otherwise make available User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree your User Content does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Amplified reserves the right, but is not obligated, to reject and/or remove any User Content that Amplified believes, in its sole discretion, violates these provisions.

For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

In connection with your User Content, you affirm, represent and warrant the following:

  1. You have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and these Terms, and each such person has released you from any liability that may arise in relation to such use.

  2. Your User Content and Amplified’s use thereof as contemplated by these Terms and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.

  3. To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.

Amplified takes no responsibility and assumes no liability for any User Content that you or any other User or third party creates, submits or otherwise makes available over the Service. You shall be solely responsible for your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Amplified shall not be liable for any damages you allege to incur as a result of User Content.

  1. User Content License Grant

By creating, submitting, or otherwise making available any User Content on the Service, you hereby expressly grant, and represent and warrant that you have all rights necessary to grant, to Amplified a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, edit, translate, distribute, make derivative works or, or otherwise exploit your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, in each case for the limited purposes of providing and improving the Service and developing new services. Amplified will never use your User Content for model training without your consent. Custom classifiers may be trained using your User Content at your direction for the limited purposes of providing the custom classification service to you and the users who you select to have access.

By creating, sharing, submitting, or otherwise making available any User Content on the Service, you grant those Users with who you select to share such User Content and such other Users that Amplified, in its sole discretion, determines require access to your User Content as necessary for the Service a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.

  1. Our Proprietary Rights

Except for your User Content, the Service 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 User Content belonging to other Users (the “Amplified Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Amplified and its licensors (including other Users who make their User Content available to the Service). 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 Amplified Content. Use of the Amplified Content for any purpose not expressly permitted by these Terms is strictly prohibited.

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Amplified under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Amplified does not waive any rights to use similar or related ideas previously known to Amplified, or developed by its employees, or obtained from sources other than you.

  1. Paid Services

  2. Payment and Pricing

    If you elect to use paid aspects of the Service, you agree to the pricing and payment termshttps://app.amplified.ai/pricing, as we may update them from time to time. Amplified may add new services for additional fees and charges, or amend or begin charging fees and charges for existing services, at any time in its sole discretion.

  3. Placing an Order

    After you place an order we will review the information you provided for validity by verifying your method of payment, billing, and/or shipping address. We may contact you (via email or phone) if additional information is required to accept and process your order. In valid order information may result in delays processing your order. For purchases, your receipt of an order confirmation does not constitute Amplified’s acceptance of your order. Without prior notification, Amplified maintains the right to limit the order quantity and the right to refuse to sell products to any customer for any reason or no reason at all. Amplified reserves the right not to sell to resellers, dealers, or distributors. If your order is canceled, we will attempt to notify you using the email address you have given us with the order.

  4. No Sales to Children

    Amplified does not sell products through its Service for or to children, but only to adults, who can purchase with a credit card or other permitted payment method. If you are under eighteen (18) years of age, you may use the Service only with involvement and consent of a parent or legal guardian.

  5. Payment Methods

    We accept various payment methods for product purchases through our Service, including MasterCard, Visa, and American Express. We will bill your payment method when you place an order for a product through the Service. Amplified will not fulfill any product order without authorization validation of your purchase from your payment method.

  6. Offers

    You acknowledge and agree that any offers made available through the Service are subject to change at any time and from time to time.

  7. No Refunds

    You may cancel your Amplified account at any time; however, there are no refunds for cancellation. In the event that Amplified suspends or terminates your account or these Terms for your breach of these Terms, you understand and agree that you shall receive no refund or exchange for any pre-paid services (including, without limitation, any pre-paid reports), any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.

  8. Payment Information; Taxes

    All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

  9. California Residents

    The provider of services is amplified ai, Inc. [1067 Market Street, #4007 San Francisco, CA 94103, info@amplified.ai]. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

  10. No Professional Advice

If the Service provides professional information (for example, legal or financial), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.

  1. Privacy

We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use, transfer, processing and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, available athttps://app.amplified.ai/privacy.

  1. Security

Amplified uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

  1. Third-Party Links

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Amplified. Amplified does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that these Terms and the Amplified Privacy Policy do not apply to your use of such sites. You expressly relieve Amplified from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Amplified shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

  1. Indemnity

You agree to defend, indemnify and hold harmless Amplified and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

  1. No Warranty

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AMPLIFIED OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, AMPLIFIED, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE AMPLIFIED CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

The data and information on the legal status of patents are displayed as received, without warranty of any kind and for information purposes only. The patent authorities from which Amplified receives the information on the legal status if patents remain solely responsible for the accuracy of the data and information they provide. In order to obtain authoritative legal status information, users should consult the appropriate national patent authority.

AMPLIFIED DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE AMPLIFIED SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND AMPLIFIED WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AMPLIFIED, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL AMPLIFIED BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AMPLIFIED ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL AMPLIFIED, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO AMPLIFIED HEREUNDER OR $100.00, WHICHEVER IS GREATER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF AMPLIFIED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

  1. Governing Law, Arbitration, and Class Action/Jury Trial Waiver

  2. Governing Law

    These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Santa Clara County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Santa Clara County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

  3. Arbitration

    READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM AMPLIFIED. For any dispute with Amplified, you agree to first contact us atsupport@amplified.ai and attempt to resolve the dispute with us informally. In the unlikely event that Amplified has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, Inc. (“JAMS”), under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Santa Clara County, California, unless you and Amplified agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Amplified from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.

  4. Class Action/Jury Trial Waiver

    WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND AMPLIFIED ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

  5. General

  6. Assignment

    These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Amplified without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

  7. Notification Procedures and Changes to these Terms

    Amplified may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Amplified in our sole discretion. Amplified reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms. Amplified is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Amplified may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change the Terms in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.

  8. No Waiver

    No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Amplified’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

  9. Notice to California Residents

    If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receiver further information regarding the use of the Service.

  10. Consent to Electronic Communications

    By using the Service, you consent to receiving certain electronic communications from us and other users as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

  11. Additional Terms

    Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to on the Service (the “Additional Terms”), such as rules applicable to particular features or content on the Service. All Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.

  12. Contact

    Please contact ussupport@amplified.aiwith any questions regarding these Terms.

  13. Entire Agreement/Severability

    These Terms, together with any amendments and any additional agreements you may enter into with Amplified in connection with the Service, shall constitute the entire agreement between you and Amplified concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.

These Terms were last modified on October 10, 2024.