This Terms of Service (the “Terms”)
is a binding agreement between you (“End User” or “you”) and
Mereo Technologies Inc. dba Borne (“Borne”). These Terms govern your use
of Borne’s website available at https://borne.ai (the “Site”), the Borne
mobile application (“App”), and the through the App, an immersive
foreign language learning experience (together with the use of the Site and the
App, the “Services”). The Services are licensed, not sold, to you.
BY CLICKING THE BOX TO
INDICATE ACCEPTANCE, BY USING THE SITE, THE APP, OR OTHERWISE USING THE SERVICES,
YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B)
REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C)
ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THESE TERMS AND THE BORNE
PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE AND
CEASE USE OF THE SERVICES.
1.
License Grant. Subject to these Terms, Borne grants you a limited,
non-exclusive, nontransferable, non-sublicensable license to use the Services for your personal,
non-commercial use on devices owned or otherwise controlled by you (“Device(s)”)
and to use the Services strictly in accordance with these Terms. Although the Site may provide some Services
or some information related to our Services, staff, goals, achievements, or
otherwise, you acknowledge that in order to use portions of or all of the
Services, you must utilize them via the Borne App on a mobile or similarly
compatible Device.
2.
Open-Source Components. You acknowledge and
accept that as part of the Services, Borne may incorporate software components
that are subject to an open-source license agreement, including any software
available under certain open-source operating systems or software licenses, or
any other license that is approved by the Open Source
Initiative (collectively, the “Open-Source Components”). Open-Source
Components are considered Third-Party Materials (defined herein) under these
Terms. The Services include Open-Source Components including but not limited to
those licensed under Flutter and the LangChain open-source library (each,
an "Open-Source License"), as well as open-source API
licenses, including but not limited to the Google Speech-to-Text API Borne uses
as part of its Google Cloud Services, OpenAI’s TTS-1 API
and the GPT-4o mini OpenAI API language model Borne uses as subject to
OpenAI’s business terms (each,
an “API License”), each of which the license terms are linked hereto.
Any use of the Open-Source Components, API, or any other Third-Party Materials
by you is governed by, and subject to, the terms and conditions of the applicable
third-party license, Open-Source License(s), or API License. It is required we disclose to you that the text-to-speech
(“TTS”) voice accessed through the OpenAI’s TTS API you are hearing is
AI-generated and not a human voice.
3.
Services. The Services are
offered on a subscription model basis, providing End Users the opportunity to
converse with artificial intelligence (AI) powered by Borne in conjunction with
Open-Source Components in a language of the End User’s choice that is available
on the App to practice speaking in such language. Languages currently available
or English, Spanish, French, Italian, German and Portuguese. The App allows End
Users to track time spent conversing with the AI, set goals and guides for
itself, and track its progress. End Users may also have access to other
features of the Services, such as recording conversations, sharing
conversations on third-party sites (such as on social media platforms), or
otherwise. Any recording, sharing or other display of the Service is subject to
the license terms herein. The amount of time available to any given End User on
the App may be subject to the subscription level which End User signs up for.
Borne currently offers the following subscription levels to End Users, subject
to the fees for each subscription level set forth in Section 7 (Fees and
Payment):
· Basic
– 3 hours of conversation per month
· Standard
– 5 hours of conversation per month
· Premium
– 9 hours of conversation per month
Hours for any subscription level expire at the end of
each month, do not roll over, and re-set at the beginning of each subscription
month. Any amount of time used in excess of the allotted time for the
applicable subscription may be subject to additional Fees.
4.
Modification to these
Terms and the Services. Borne may,
at its sole discretion, change these Terms, including the Borne Privacy Policy, from time to time. If any
materials changes occur, we will notify you by email to the email affiliated
with your Account. Updated versions will never apply retroactively and
will give the date they go into effect. We recommend that you check the Terms
and Privacy Policy periodically for changes. Your continued use of the Services
following the posting of any changes to the Terms means you accept those new
terms. Borne reserves the
right to modify, suspend, or discontinue the Services, whether temporarily or
permanently at any time for any reason. Soley for purposes of example, Services
may be modified, suspended or discontinued if an Open-Source License changes
the way in which Borne may (or prefers) to offer the Services, if any other
Third-Party Materials are no longer available (or otherwise would be
commercially impracticable to obtain) to Borne, if Borne wishes to offer
different features or products on the Services, or otherwise. You agree that Borne
shall not be liable to you for any modification, suspension, or discontinuation
of the Services. Some modifications may require updates to Site or App in order
to continue to use the Services. Borne may also impose limits on certain
features and services, restrict your access to parts or all of the Services, and
suspend or terminate users without notice or liability.
5.
Communications.
You consent to accept and
receive communications from us, including e-mail. You may opt-out of receiving marketing
communications by following the unsubscribe options we provide to you but some
transactional messages are deemed to be part of the Services.
By providing your phone
number to Borne, you consent to receive text notifications related to your
account and our services. These messages may include updates, alerts, and
information pertinent to your account and subscription.
You can opt-out of receiving
these text notifications at any time by following the instructions provided in
the messages or by adjusting your user preferences in your account settings.
Opting out may affect the timeliness and delivery of important account-related
information.
6.
Borne
Account.
You may access the Site without registering for an
account, but as a condition of using certain aspects of the Services, including
storage and transfer capabilities, you are required to create a Borne account
(an “Account”). You are solely responsible for maintaining the
confidentiality of your Account username and password and for restricting
access to your Devices and you hereby agree to accept responsibility for all
activities, charges, and damages that occur under your Account. If you discover any unauthorized use of your Account,
or other known account-related security breach, you must report it to Borne
immediately. You agree that you are responsible for anything that happens
through your Account until you close your Account or prove that your Account
security was compromised due to no fault of your own. Borne cannot and will not
be liable for any loss or damage arising from your failure to comply with this
section.
7.
Fees and Payment.
While we may
offer portions of the Services for free, we do charge for certain features of
the Services, including, without limitation, for access to
subscription Services through the App. When paid by you, these payments are
final and non-refundable. Borne, in its sole discretion, may offer credits or
refunds on a case-by-case basis including, by way of example, in the event of
an error with your order or in the amounts you were charged. Borne will charge,
and you authorize Borne to charge, the payment method you specify at the time
of purchase. If you pay any amounts with a credit card, Borne or its
third-party services providers may seek pre-authorization of your credit card
account prior to your purchase to verify that the credit card is valid and has
credit available for your intended purchase. Borne uses third-party payment
processors such as Apple and Google to process payments. By using the
Services, you authorize such third-parties, and any other party which Borne
utilizes to process payments, to process your payments due hereunder. Borne reserves
the right to establish, remove, and/or revise prices, fees, taxes, and/or
surcharges for any or all services or goods obtained through the use of the
Services at any time. Regardless of the cause, Borne reserves the right to
charge the final price after checkout, including without limitation all
applicable transaction taxes. All amounts due for subscription Services or any
other features of our Services are due at the point of purchase and on a
monthly or annual basis thereafter, chosen at the point of Account creation
(collectively, the “Fees”). Fees for subscription Services are as
follows, although, other Fees may apply for different features or offerings
Borne may offer on a case-by-case basis from time to time:
·
Basic – $5.99 per month
·
Standard – $9.99 per month
·
Premium – $14.99 per month
Any amount of time used in excess of the allotted time for the applicable subscription shall be charged at a rate of $2.99 per hour for users subscribed to the Basic plan or the Standard plan. Any amount of time used in excess of the allotted time for the applicable subscription shall be charged at a rate of $1.99 per hour for users subscribed to the Premium plan. All Fees due shall be paid in US Dollars (USD).
End
User shall be responsible for all sales, use and excise taxes, and any other
similar taxes, duties and charges of any kind imposed by any federal, state or
local governmental entity on any amounts payable by End User hereunder. Notwithstanding
the previous sentence, in no event shall End User be responsible for any taxes
imposed on, or regarding, Borne’s income, revenues, gross receipts, personnel,
or real or personal property or other assets.
All
late payments shall bear interest at the lesser of (a) the rate of 1.5% per
month and (b) the highest rate permissible under applicable law, calculated
daily and compounded monthly. End User shall reimburse Borne for all reasonable
costs incurred in collecting any late payments, including, without limitation, reasonable
attorneys' fees, costs, and expenses. In addition to all other remedies
available under these Terms or at law, Borne shall be entitled to suspend the
provision of any Services immediately and without notice if you fail to pay any
Fees or other amounts when due hereunder.
8.
License Restrictions. You shall not:
(a)
use the Services in any way to monitor or evaluate the
availability, performance or functionality of the Services for any competitive
purpose, or perform or assist any other party to perform any benchmarking on
the Services;
(b)
use the Services for any illegal purpose, or in violation of any
local, state, national, or international law;
(c)
copy any portion of the Services, except as expressly permitted by
this license;
(d)
modify, translate, adapt, or otherwise create derivative works or
improvements, whether or not patentable, of the Services;
(e)
reverse engineer, disassemble, decompile, decode, or otherwise
attempt to derive or gain access to the source code of the Services or any part
thereof;
(f)
remove, delete, alter, or obscure any trademarks or any copyright,
trademark, patent, or other intellectual property or proprietary rights notices
from the Services, including any copy thereof;
(g)
rent, lease, lend, sell, sublicense otherwise make available the Services,
or any features or functionality of the Services, to any third party for any commercial
reason, including by making the Site available on a network where it is capable
of being accessed by more than one device at any time;
(h)
remove, disable, circumvent, or otherwise create or implement any
workaround to any copy protection, rights management, or security features in
or protecting the Services;
(i)
directly or indirectly take any action that imposes or may impose
(as determined by Borne in its sole discretion) an unreasonable or
disproportionately large load on Borne or its third-party providers’
infrastructure; interfere or attempt to interfere with the proper working of
the Services or any activities conducted on the Services; run Mail list,
Listserv, or any form of auto-responder or “spam” on the Services; or use
manual or automated software, devices, or other processes to scrape any page of
the Services; or
(j)
create a false identity on the Services, misrepresent your
identity, impersonate any person, create a profile for anyone other than you, or use or attempt to use another
account.
If for any reason, Borne determines that you
have failed to follow these rules, we reserve the right to prohibit any
and all current or future use of the Services by you. If we have reason to suspect, or learn that
anyone is violating these Terms, we may investigate and/or take legal action as
necessary including bringing a lawsuit for damages caused by the violation. We
reserve the right to investigate and take appropriate legal action, including
without limitation, cooperating with and assisting law enforcement or
government agencies in any resulting investigations of illegal conduct.
9.
Reservation of Rights. You acknowledge and agree that the Services, including the use of
the App and Site, is provided under license, and not sold, to you. You do not
acquire any ownership interest in the Services under these Terms, or any other
rights thereto other than to use the Site and Services in accordance with the
license granted, and subject to all terms, conditions, and restrictions, under
these Terms. Borne, and its licensors and service providers, reserve and shall
retain their entire right, title, and interest in and to the Services and Site,
including all copyrights, trademarks, and other intellectual property rights
therein or relating thereto, except as expressly granted to you in these Terms.
10.
Content and User Content
Through the Services, or via other users, Borne may
make accessible various content, including, but not limited to, videos,
photographs, images, artwork, graphics, audio clips, comments, data, text,
software, scripts, campaigns, other material and information, and associated
trademarks and copyrightable works (collectively, “Content”). You have no rights in or to the Content other than as
permitted herein to use or access the Services.
11.
Collection and Use of Your Information. You acknowledge that when you use the App, the Site, or otherwise
use the Services, Borne uses automatic means (including, for example, cookies
and web beacons) to collect information about your Device and about your use of
the Services. You also may be required to provide certain information about
yourself as a condition to use the Services or certain features or functionalities.
All information we collect through or in connection with these Terms is subject
to the Borne Privacy Policy. By using the App, the Site, or otherwise using the
Services, you consent to all actions taken by us with respect to your
information in compliance with the Borne Privacy Policy.
12.
Geographic Restrictions. The Content and Services are based in the United
States but may be provided to persons located outside of the United States.
You acknowledge that you may not be able to access all or some of the Services
outside of the United States or other regions which Borne offers its Services, and
that access thereto may not be legal by certain persons or in certain
countries. If you access the Services from outside the United States, you are
responsible for compliance with local laws.
13.
Updates. Borne may from time to time in its sole discretion develop and
provide updates to the Services, which may include upgrades, bug fixes,
patches, other error corrections, and/or new features for the Site (collectively,
including related documentation, “Updates”). Updates may also modify or
delete in their entirety certain features and functionality. You agree that Borne
has no obligation to provide any Updates or to continue to provide or enable
any particular features or functionality. You agree
that all Updates will be deemed part of the Site, the App, or the Services (as
applicable) and be subject to all terms and conditions of these Terms.
14.
Third-Party Materials.
The Services may display, include, or make available third-party content
(including data, information, applications, and other products, services,
and/or materials) or provide links to third-party websites or services (“Third-Party
Materials”). You acknowledge and agree that Borne is not responsible for
Third-Party Materials, including their accuracy, completeness, timeliness,
validity, copyright compliance, legality, decency, quality, or any other aspect
thereof. Borne does not assume and will not have any liability or
responsibility to you or any other person or entity for any Third-Party
Materials. Third-Party Materials and links thereto are provided solely as a
convenience to you, and you access and use them entirely at your own risk and
subject to such third parties’ terms and conditions. BORNE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY
THIRD-PARTY MATERIALS, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b)
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d)
WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY;
WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE,
USAGE OF TRADE, OR OTHERWISE.
15.
Term and Termination. The term of
these Terms commences when you acknowledge your acceptance and will continue in
effect until terminated by you or Borne as set forth in this section (the “Term”). You may cancel your Account
at any time through your Account settings or emailing the support email
provided below. We may suspend or cancel your Account without notice to you for
any reason or no reason at all, including but not limited to if you violate
these Terms, you create risk or possible legal exposure for us, your Account
should be removed due to unlawful conduct, or our provision of the Services to
you is no longer commercially viable. If you or Borne terminate these Terms for
any reason or otherwise for convenience, and you pay all Fees on a monthly basis, all Fees paid or due for such month are
final and non-refundable, and Borne agrees it shall not charge you for the
following months’ Fees provided you otherwise comply with the terms of this
Agreement. If you or Borne terminate these Terms for convenience, and you pay
Fees on an annual basis, Borne agrees it shall provide you a pro rata refund of
any pre-paid Fees that would become due after the termination date.
Notwithstanding the foregoing, if for any reason Borne terminates these Terms
for cause (your violation of these Terms), you shall not be entitled to any
refund of Fees, regardless of when during the Term these Terms are terminated.
Upon termination of these Terms, all licenses granted hereunder shall
immediately terminate, you shall immediately cease all use of the Services,
including any access to your Account. The terms that by their nature that
should survive termination of these Terms shall survive the termination of
these Terms.
16.
Disclaimer of Warranties. THE SERVICES, INCLUDING BUT NOT LIMITED TO ALL THIRD-PARTY
MATERIALS, ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT
WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW,
BORNE, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND THEIR RESPECTIVE
LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER
EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES,
INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF
COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT
LIMITATION TO THE FOREGOING, BORNE PROVIDES NO WARRANTY OR UNDERTAKING, AND
MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR
REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY
OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT
INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE,
OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE
LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF
THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
17.
Limitation of Liability. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, IN NO EVENT
SHALL BORNE, NOR ITS DIRECTORS,
EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR SERVICE PROVIDERS, BE LIABLE UNDER
CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE
THEORY WITH RESPECT TO THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY
THIRD-PARTY MATERIALS, (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT
OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES
(HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
(REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES. IN
NO EVENT SHALL BORNE, ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR
SERVICE PROVIDERS, BE LIABLE IN EXCESS OF THE TOTAL AMOUNT PAID OR PAYABLE BY
YOU IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. SOME
STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO
YOU. IN THESE JURISDICTIONS, BORNE’S LIABILITY WILL BE
LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
18.
Indemnification. You agree to indemnify,
defend, and hold harmless Borne and its licensors, service providers, partners,
suppliers, and its and their officers, directors, employees, agents,
affiliates, successors, and assigns from and against any and all losses,
damages, liabilities, deficiencies, claims, actions, judgments, settlements,
interest, awards, penalties, fines, costs, or expenses of whatever kind,
including attorneys’ fees, arising from or relating any acts or omissions by
you related to these Terms, including but not limited to your use or misuse of
the Services or your breach of these Terms.
19.
US Government Rights. The Services are a "commercial product" as that term
is defined at 48 C.F.R. § 2.101, consisting of "commercial computer
software" and "commercial computer software documentation" as
such terms are used in 48 C.F.R. § 12.212. Accordingly, if
you are an agency of the US Government or any contractor therefor,
you receive only those rights with respect to the Services as are granted to
all other end users under license, in accordance with (a) 48
C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department
of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to
all other US Government licensees and their contractors.
20.
Governing Law; Dispute Resolution. These Terms are governed by and construed in accordance with the
internal laws of the State of North Carolina without giving effect to any
choice or conflict of law provision or rule. Any dispute arising out of, or
related to these Terms or the breach thereof (“Dispute”), shall first be
attempted to be settled by direct discussions between executives of each party
hereto. If the Dispute is not resolved within thirty (30) days from the date
that either party first notifies the other party of the Dispute in writing,
then the Dispute shall be fully and finally be settled by binding arbitration
before the American Arbitration Association (“AAA”) in accordance with
its Commercial Arbitration Rules then in force (“Arbitration”). All
Disputes shall be heard by a single arbitrator, unless the amount of the
claim(s) or counterclaim(s) exceeds five million dollars ($5,000,000.00) in the
aggregate, in which case the Dispute shall be heard by a panel of three
arbitrators. The place of Arbitration shall be Alamance County, North Carolina.
The arbitrator(s) will have no authority to award punitive or other damages not
measured by the prevailing party's actual damages, except as may be required by
statute. The arbitrator(s) shall award to the prevailing party, if any, as
determined by the arbitrators, all of their costs and fees. 'Costs and fees'
mean all reasonable pre-award expenses of the Arbitration, including the
arbitrators' fees, administrative fees, travel expenses, out-of-pocket expenses
such as copying and telephone, court costs, witness fees, and attorneys' fees.
Each party shall, upon the written request of the other party, provide the
other with copies of documents relevant to the issues raised in the
Arbitration. Other discovery may be ordered by the arbitrator(s) to the extent
the arbitrator(s) deem additional discovery appropriate, and any dispute
regarding discovery, including disputes as to the need therefor or the
relevance or scope thereof, shall be determined by the arbitrator(s), which
determination shall be conclusive. Except as may be required by law, neither a
party nor an arbitrator may disclose the existence, content, or results of the
Arbitration without the prior written consent of both parties. Judgment on the
award rendered by the arbitrator(s) may be entered in any court having
jurisdiction thereof.
21.
Assignment. You shall not assign,
transfer, delegate or subcontract any of your rights or delegate any of its
obligations under these Terms without the prior written consent of Borne. Any
purported assignment or delegation in violation of this Section 21 shall
be null and void. These Terms are binding on and inures to the benefit of the parties
to these Terms and their respective permitted successors and permitted assigns.
22.
Entire Agreement. These Terms, our Privacy Policy, and any statements or rules on
the Services on your date of access constitute the entire agreement between you
and Borne with respect to the Services and supersede
all prior or contemporaneous understandings and agreements, whether written or
oral, with respect to the Site.
23.
No Third-Party Beneficiaries. These Terms benefit solely the parties hereto and their
respective permitted successors and assigns and nothing in these Terms, express
or implied, confers on any other person any legal or equitable right, benefit
or remedy of any nature whatsoever under or by reason of these Terms.
24.
Notices. All notices, requests,
consents, claims, demands, waivers and other communications under these Terms
(each, a "Notice", and with the correlative meaning "Notify")
must be in writing and addressed to the other party at, in the case of Borne,
the email provided in Section 29 of these Terms, and in the case of End
User, the email associated with your Account. Unless otherwise agreed herein,
all Notices must be delivered via email (in each case, return receipt
requested). Except as otherwise provided in these Terms, a Notice is effective
only (a) on receipt by the receiving party; and (b) if the party giving the
Notice has complied with the requirements of this Section 24.
25.
Relationship of the Parties. The relationship between the parties hereto is that of
independent contractors. Nothing contained in these Terms shall be construed as
creating any agency, partnership, joint venture or other form of joint
enterprise, employment or fiduciary relationship between the parties, and
neither party shall have authority to contract for or bind the other party in
any manner whatsoever.
26.
Severability. If any provision of these Terms is illegal or unenforceable under
applicable law, the remainder of the provision will be amended to achieve as
closely as possible the effect of the original term and all other provisions of
these Terms will continue in full force and effect.
27.
Waiver of Class Action. The parties further agree that any Arbitration shall be
conducted in their individual capacities only and not as a class action or
other representative action, and the parties expressly waive their right to
file a class action or seek relief on a class basis. EACH PARTY AGREES THAT
EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ITS INDIVIDUAL CAPACITY, AND NOT
AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING.
28.
Waiver. No failure to exercise, and no delay in exercising, on the part
of either party, any right or any power hereunder shall operate as a waiver
thereof, nor shall any single or partial exercise of any right or power
hereunder preclude further exercise of that or any other right hereunder. In
the event of a conflict between these Terms and any applicable purchase or
other agreement, these Terms shall govern.
29.
Contact. If you have any
questions regarding these Terms, please contact us at support@borne.ai.
Last Update: August 26, 2024