Last Updated Date: April 1, 2025
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These Terms govern your access to and use of the software, applications, extensions, and other products and services we provide through or for easymate.ai, easymate.io, easymateai.com (the “Platform”). These Terms form an agreement between you and EASYMATE INC (EasyMate), a Delaware company, and they include important provisions for resolving disputes through arbitration. By using our Platform, you agree to these Terms.
These Terms also govern visitors’ access to and use of any websites, services and applications that use our Platform, like the websites and applications that our users create on our Platform. Please note though that the operators of those websites and applications may also have their own separate terms of use.
These Terms do not apply to any third party websites, services and applications (“Third Party Services”) that you may access through the Platform, such as payment processors or messaging applications. We are not responsible for the content or practices of Third Party Services and provide links to Third Party Services only for the convenience of our users. We encourage you to carefully review the terms of service of any Third Party Service you access through the Platform.
Please read these Terms carefully before accessing or using our Platform. By accessing or using any part of our Platform, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Platform from time to time (collectively, the “Agreement”). You also agree that we may automatically change, update, or add on to our Platform as stated in the Terms, and the Agreement will apply to any changes.
EasyMate is a platform that lets you create custom AI-powered applications and deploy intelligent AI agents. EasyMate will deploy, host and run these applications (“EasyMate App”) on the cloud.
“You” means any individual or entity using our Platform. If you use our Platform on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using our Platform you’re accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.
“End User” means users of EasyMate App when they are made available to members of the public.
“EasyMate App Owner” means the administrator of a EasyMate App.
When using our Platform requires an account, you agree to provide us with complete and accurate information and to keep the information current so that we can communicate with you about your account. We may need to send you emails about notable updates (like changes to our Terms of Service or Privacy Policy), or to let you know about legal inquiries or complaints we receive about the ways you use our Platform, so you can make informed choices in response.
We may limit your access to our Platform until we’re able to verify your account information, like your email address.
When you create an account on our Platform, we consider that to be an inquiry about our products and services, which means that we may also contact you to share more details about what we have to offer (i.e., marketing). Don’t worry — if you aren’t interested, you can opt out of the marketing communications, whether it’s an email, phone call, or text message.
You’re solely responsible and liable for all activity under your account. You’re also fully responsible for maintaining the security of your account (which includes keeping your password secure). We’re not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions.
Don’t share or misuse your access credentials. And notify us immediately of any unauthorized uses of your account, store, or website, or of any other breach of security. If we believe your account has been compromised, we may suspend or disable it.
If you’d like to learn about how we handle the data you provide us, please see our Privacy Policy.
Our Platform is not directed to children. You’re not allowed to access or use our Platform if you’re under the age of 13 (or 16 in Europe). If you register as a user or otherwise use our Platform, you represent that you’re at least 13 (or 16 in Europe). You may use our Platform only if you can legally form a binding contract with us. In other words, if you’re under 18 years of age (or the legal age of majority where you live), you can only use our Platform under the supervision of a parent or legal guardian who agrees to the Agreement.
We haven’t reviewed, and can’t review, all of the content (like text, photo, video, audio, code, computer software, items for sale, and other materials) posted to or made available through our Platform by users or anyone else (“User Content”) or on websites that link to, or are linked from, our Platform.
AS BETWEEN YOU AND EASYMATE, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT, OPERATION, AND MANAGEMENT OF ANY EASYMATE SITE OR OTHER CONTENT TO WHICH YOU HAVE ACCESS (INCLUDING IF SUCH CONTENT WAS PRODUCED BY OTHERS OPERATING ON YOUR BEHALF, SUCH AS WHERE MULTIPLE DIRECT USERS HAVE ACCESS TO A SINGLE EASYMATE SITE), AND YOU AGREE TO INDEMNIFY EASYMATE FOR ANY CLAIMS, DAMAGES, COSTS, AND LIABILITIES ARISING FROM SUCH EASYMATE SITE OR CONTENT.
We’re not responsible for any use or effects of User Content or third-party websites. So, for example:
Please note that additional third-party terms and conditions may apply to User Content you download, copy, purchase, or use.
4.1 General
For each piece of User Content that you submit, you represent and warrant that: (i) you have the right to submit the User Content to the Platform and grant the licenses set forth in this Section; (ii) if payment is required to any third party for the display of such User Content that is licensed, you are solely responsible for all such payments and will indemnify EASYMATE for any third party seeking license or other payments related to User Content from EASYMATE; (iii) the User Content does not infringe, violate or misappropriate any third party’s rights, including any copyrights, trademarks or other intellectual property rights and privacy rights; and (iv) the User Content complies with these Terms, the Acceptable Use Policy and all applicable laws.
4.2 End User Content and EasyMate Site Terms
If End Users are allowed to post content on a EasyMate App, such content will be deemed User Content of the End User(s) who own the Account(s) associated with such EasyMate Site. Each EasyMate App must include terms of use that are at least as protective of EasyMate, and grant the controller of the EasyMate App the same rights with respect to removal and treatment of End User content that EasyMate has with respect to User Content set forth in these Terms.
4.3 License to EasyMate
By posting, displaying, sharing or distributing User Content on or through the Platform, you grant EasyMate, its affiliates, and any applicable Third Party Services a nonexclusive license to use such User Content during the Term (as defined in Section 14) solely for the purpose of operating the Platform and providing related services. EasyMate is acquiring no rights in the User Content except for the limited license set forth above.
4.4 Compliance and Preservation
EasyMate reserves the right to access, monitor, investigate, preserve and disclose Account information and/or User Content if EasyMate is required to do so by applicable law or if we believe in good faith that such access, monitoring, investigation, preservation or disclosure is reasonably necessary to (i) comply with legal process, (ii) enforce these Terms, (iii) respond to claims that any User Content violates the rights of third parties, including pursuant to Section 8, (iv) respond to your requests for customer service, (v) detect, prevent, or otherwise address fraud, security or technical issues, or (vi) protect the rights, property or personal safety of the Platform, EasyMate, our employees, directors or officers, partners and agents, or members of the public.
4.5 Review and Removal of Content
EasyMate is not required to review User Content, but may determine in accordance with our Compliance and Preservation guidelines, in our sole discretion, that certain User Content violates these Terms. We may remove such content, suspend your Account, suspend access to the applicable EasyMate App, or take any other steps that we deem appropriate in such case. Where applicable, EasyMate may still collect subscription fees from suspended accounts. EasyMate does not guarantee the accuracy, reliability, or quality of User Content. You acknowledge that by using the Platform or by visiting or using a EasyMate App, you may be exposed to content that you may consider offensive, indecent or objectionable. If you believe that any content on the Platform infringes a third-party copyright, trademark, or other intellectual property right, you may report the infringement by sending an email to legal@easymate.ai.
We own the Platform and all information about its use that does not allow for the identification of individuals. You own your content. We may use any feedback you provide about the Platform or EasyMate without compensating you.
5.1 Platform
EasyMate
retains all rights, title, and interest in and to the Platform, Documentation, and all Updates.
5.2 User Content
Except for the limited licenses granted to EasyMate in Section 4, as between the parties, you retain all right, title, and interest in and to your User Content.
5.3 Usage Information
EasyMate owns all data regarding installation, registration, and use of the Platform, and related to Platform performance, including response times, load averages, usage statistics, and activity logs (collectively, “Usage Information”). Usage Information includes information about EasyMate Apps and all Usage Statistics. Usage Information does not include any personally identifiable information or End User Information, but may include aggregated information derived from User Content. Usage Information is used to contribute to analytical models used by EasyMate, to monitor and improve the Platform, and to perform EasyMate's obligations under this Agreement.
5.4 Marks
You and EasyMate each retain all right, title, and interest in and to their respective trademarks, service marks, logos, name, branding, and equivalent identifiers (“Marks”). You grant EasyMate a limited, non-exclusive, non-transferable, sublicensable right to use your Marks on the Platform and as otherwise required to fulfill its obligations hereunder and to use Marks in EasyMate's marketing materials, sales, and other business presentations, for EasyMate internal business purposes and on EasyMate's websites in a manner consistent with your standard guidelines regarding the use of the Marks. Except for the reproduction of EasyMate Marks as permitted herein, you may not use EasyMate Marks for any purposes, including in a way that suggests you are or endorsed by or associated with EasyMate in anything other than a customer relationship, or in connection with the marketing of your EasyMate Apps or other services related to EasyMate. All permitted use of a party’s Marks hereunder will inure to the benefit of the owning party.
5.5 Feedback
Any feedback, comments, or suggestions you may provide regarding us, the Platform, or other services we offer (“Feedback”) is entirely voluntary and you hereby grant EasyMate a perpetual, irrevocable, and royalty-free right and license to use all Feedback in any lawful manner whatsoever, without any obligation or compensation to you.
Any fees for Platform Subscriptions are due in advance, are automatically charged to your credit card, and will continue until cancelled. We will charge sales tax where applicable. We use Stripe to process payments, and you must agree to their terms when entering payment information.
All Subscription Fees and other payments or credits related to your Account will be made in accordance with the charges and billing terms in effect at the time payment is due or funds are received. You acknowledge and agree that any overage fees or additional usage beyond your Subscription tier limit will be billed in arrears and are subject to the same terms, including, without limitation, our right to terminate or suspend your Account for non-payment. Prior to starting a Subscription, you must provide us with a valid credit card or other payment method that we accept (“Payment Provider”). You must promptly update your Account with any changes to your payment information. Your Payment Provider agreement governs your use of the designated payment method, not these Terms. By providing payment information, you authorize us to invoice and process all fees, charges, and payments without additional notice or consent. We reserve the right to change our fees and billing practices at any time by posting notice on our website or Platform, provided that pre-paid fees for our services not yet completed will not be affected.
6.1 Subscription
While basic Platform access is free, certain features require a paid access plan (a “Subscription”). Fees for Subscriptions (“Subscription Fees”) are due to EasyMate immediately in advance of the start of the subscription plan, including any renewals of the subscription plan.
6.2 Subscription Overages
If your Account exceeds the monthly usage limits applicable to its Services subscription plan (whether such plan is a Prepaid Plan or a non-Prepaid Plan), you agree to pay EasyMate the fees applicable to such excess use.
6.3 Taxes
“Sales Tax” means any sales or use tax, and any equivalent tax measured by sales proceeds that we are required to pass through to our customers. Sales Tax is automatically calculated and added to all orders where applicable. To the extent applicable, all payments for the Services will be made free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to us will be your sole responsibility.
6.4 Automatic Renewal
Subscriptions will automatically renew at the rates then in effect until cancelled as set forth in Section 14. If you received a discount, used a coupon code, or subscribed during a free trial or promotion, your subscription will automatically renew for the full price of the subscription at the end of the discount period. By subscribing, you authorize us to charge your Payment Provider at the beginning of any subscription period. Upon renewal of your Subscription, if we do not receive payment from your Payment Provider, you will either pay all amounts due on your Account within seven (7) days of the date such payment was due or we may terminate your Subscription.
6.5 Cancellation
Subscriptions may be canceled at any time by emailing subscriptions@easymate.ai. Monthly Subscriptions may be terminated at any time. Annual Subscriptions will automatically renew for an additional year at the then-current price for the selected Services unless canceled prior to the anniversary of the applicable Subscription Start Date. Both cancelled monthly and annual plans will remain active until the next billing date. Thereafter, your account will immediately lose access to paid features on the Platform and other paid EasyMate services upon cancellation, including connection with any custom domain you may have set up.
6.6 Fees Paid to EasyMate App Owners
Some EasyMate App Owners use our Platform to sell goods and services. EasyMate App Owners can sell items (goods, content, services, etc.), offer subscriptions for their websites at specific price points and intervals, or simply collect payments. We’re not involved in a EasyMate Apps’ subscription details or store operations (including the quality, timing, pricing, or legality of what may or may not be included in exchange for payment, or any goods or services purchased). If you buy items or subscriptions from a EasyMate App, you’re making the purchase directly from the EasyMate App Owner, and they’re solely responsible for the items sold or recurring payments charged by the EasyMate App Owner. Please contact the EasyMate App Owner if you have any questions or complaints.
7.1 Confidential Information
From time to time, either party to these Terms (the "Disclosing Party") may disclose or make available to the other (the "Receiving Party") non-public, proprietary, or confidential information of the Disclosing Party (“Confidential Information”). Confidential Information includes any information that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including non-public business, product, technology, marketing information, and Trial Features. Confidential Information does not include any information that: (i) is or becomes generally available to the public other than as a result of the Receiving Party's breach of this Section; (ii) is or becomes available to the Receiving Party on a non-confidential basis from a third-party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (iii) was in the Receiving Party's possession prior to the Disclosing Party's disclosure thereof; or (iv) was or is independently developed by the Receiving Party without using any of the Disclosing Party’s Confidential Information. In addition, a recipient may disclose the other party’s Confidential Information as required by court order or applicable law (provided that, to the extent legally permissible, the recipient promptly notifies the other party of such requirement and cooperates with the other party’s reasonable efforts to prevent or limit the scope of such disclosure, at the other party's expense).
7.2 Protection and Use of Confidential Information
The Receiving Party shall: (i) protect and safeguard the confidentiality of the Disclosing Party's Confidential Information with at least the same degree of care as the Receiving Party would protect its own Confidential Information, but in no event with less than a commercially-reasonable degree of care; (ii) only use the Disclosing Party's Confidential Information, and only permit it to be accessed or used, for the purpose of exercising its rights or performing its obligations under these Terms, for the purpose of exploring a business relationship (or changes to the business relationship) between the parties, or for any other purpose consistent with our Privacy Policy; and (iii) not disclose any of the Disclosing Party’s Confidential Information to any person or entity, except to the Receiving Party's service providers or financial/legal advisors who need to know the Confidential Information and are bound to confidentiality obligations at least as restrictive as those in these Terms. The obligations in this Section will apply during and for three (3) years after the Term, except in the case of Confidential Information that is a trade secret, in which case the obligations will remain in effect as long as the trade secret is maintained.
7.3 Compelled Access or Disclosure
If the Receiving Party is required by applicable law or legal process to disclose any Confidential Information, then, prior to making such disclosure (unless prohibited by law or legal process) it shall use commercially-reasonable efforts to notify the Disclosing Party of such requirements to afford the Disclosing Party the opportunity to seek, at the Disclosing Party's sole cost and expense, a protective order or other remedy.
7.4 Injunctive Relief
Each of the parties to these Terms acknowledges that the other party will be irreparably harmed if Confidential Information of the other is distributed in breach of this Section, and that such other party would not have an adequate remedy at law in the event of such an actual or threatened breach. Therefore, each of the parties agrees that the other party shall be entitled to seek injunctive relief against any actual or threatened breaches of this Section by the other party without the necessity of showing actual damages or showing that monetary damages would not afford an adequate remedy.
If you believe that your intellectual property rights have been infringed, please send notice to the address below. We may delete or disable content that we believe violates these Terms or is alleged to be infringing and will terminate accounts of repeat infringers where appropriate, in each case without prior notice and at our sole discretion.
EASYMATE INC
63 Bovet Road, STE 519
San Mateo, CA 94402
Attn: General Counsel / Copyright Agent
Written claims concerning copyright infringement must include the following information:
The Agreement doesn’t transfer any EasyMate or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between EasyMate and you) solely with EasyMate. EasyMate and all other trademarks, service marks, graphics, and logos used in connection with our websites or Services are trademarks or registered trademarks of EasyMate (or EasyMate's licensors). Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Using our Services doesn’t grant you any right or license to reproduce or otherwise use any EasyMate or third-party trademarks.
“EasyMate Maestro AI” means certain artificial intelligence tools provided as part of the Platform, including app generation features, landing page designs, databases etc.
“Inputs” means prompts or other inputs you provide to EasyMate Maestro AI.
“Outputs” means applications and other outputs generated by EasyMate Maestro AI in response to your Input.
10.1 Use of AI Services and Data Sharing
EasyMate's Platform & Maestro AI may utilize third-party AI services to process your requests (“Inputs”) and generate corresponding solutions, tools, or recommendations (“Outputs”). You acknowledge that, to fulfill your requests, EasyMate may share your Inputs with such third-party AI services to the minimum extent necessary. EasyMate may use your Inputs and Outputs internally to improve, refine, and develop the Platform and its AI capabilities, in accordance with our Privacy Policy.
10.2 Content Ownership
As between you and EasyMate, and to the extent permitted by law, you retain ownership of your Inputs. EasyMate does not claim ownership over Outputs generated for you; however, due to the nature of AI, Outputs may not be unique and may be similar or identical to those provided to other users. EasyMate does not guarantee that Outputs are protectable by intellectual property rights or that they do not infringe or misappropriate any third-party rights. You are solely responsible for ensuring that your use of Outputs complies with applicable laws and does not violate third-party rights. You acknowledge and accept that due to the nature of artificial intelligence generally, Output may not be unique, and other users may receive similar Outputs from EasyMate's AI services.
10.3 Your Responsibilities
You represent and warrant that your Inputs comply with all applicable laws and these Terms. Due to the probabilistic and evolving nature of AI, Outputs may be inaccurate, incomplete, or not fully responsive to your requests. EasyMate does not guarantee the accuracy, completeness, or suitability of any Output. You are solely responsible for reviewing, validating, and using any Output generated by the Platform, and for ensuring that such use complies with all applicable laws and regulations. EasyMate is not liable for any decisions made or actions taken based on Outputs. EASYMATE DOES NOT WARRANT OR GUARANTEE THAT THE OUTPUT WILL BE ACCURATE, COMPLETE OR RESPONSIVE TO YOUR INPUT OR REQUIREMENTS
10.4 Third Party AI Services.
By using the Platform, you agree to comply with the terms and policies of any third-party AI services integrated into the Platform. These services are not controlled by EasyMate and are not considered part of the Platform. Third-party AI services may retain certain rights to use your Inputs and Outputs according to their own terms. You are responsible for reviewing and adhering to these terms. EasyMate disclaims any responsibility for the conduct or Outputs of third-party AI services, and your use of such services is at your own risk.
10.5 Chatbot and Automated Functions
The Platform may include chatbot or automated assistant features powered by third-party AI services. By using these features, you authorize EasyMate to share necessary information with such services to fulfill your requests. You, not EasyMate, are solely responsible for your use of these features and any actions you take based on their responses. EasyMate does not guarantee the accuracy of information provided by chatbots or automated assistants, and is not liable for any resulting harm or loss. YOU, NOT EASYMATE, SHALL BE SOLELY RESPONSIBLE FOR YOUR USE OF THESE FUNCTIONS. YOU ACKNOWLEDGE AND AGREE THAT ANY CONDUCT YOU ENGAGE IN AS A RESULT OF THE INFORMATION PROVIDED BY THE CHATBOT OR ANY OTHER THIRD PARTY AI SERVICE MADE AVAILABLE THROUGH EASYMATE IS AT YOUR OWN RISK. YOU AGREE THAT EASYMATE WILL NOT BE HELD LIABLE TO YOU OR ANY THIRD PARTY FOR THE CHATBOT PROVIDING INACCURATE INFORMATION TO YOU.
You agree to defend, indemnify, and hold us and our affiliates, agents, suppliers, or licensors (and our and their employees, contractors, agents, officers, and directors) harmless from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including attorney’s fees) arising from: (i) your access to or use of our Services; (ii) your violation of any aspect of these Terms, including your breach of any of your representations and warranties; (iii) your violation of any third-party right, including any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule, or regulation; (v) Your Content, including without limitation any misleading, false, or inaccurate information in Your Content; (vi) your willful misconduct; or (vii) any third party’s access to or use of our Services with your username(s), password(s), or other security code(s).
OUR SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF OUR SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WE, OUR SUBSIDIARIES, OUR AFFILIATES, AND OUR LICENSORS DO NOT WARRANT THAT ANY CONTENT ON OUR SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT OUR SERVICE WILL MEET YOUR REQUIREMENTS; THAT OUR SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT OUR SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF OUR SERVICE OR ANY DOWNLOAD OF CONTENT THROUGH THE USE OF OUR SERVICES.
FEDERAL LAW, SOME STATES OR PROVINCES, AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. THE DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, AGENTS, SUPPLIERS, OR LICENSORS (OR OUR OR THEIR EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, OR DIRECTORS) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, OUR SERVICES. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF OUR SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR: (I) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) ANY 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 OUR 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 OUR SERVICE; (VII) YOUR DATA; AND/OR (VIII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
IN NO EVENT WILL EASYMATE OR OUR AFFILIATES, AGENTS, SUPPLIERS, OR LICENSORS (OR OUR OR THEIR EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, OR DIRECTORS) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING ONE HUNDRED DOLLARS. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER CLAIM OR INCIDENT.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
You may terminate these Terms at any time by cancelling your subscription and stopping use of the Platform. We may terminate them for your breach, including failure to pay.
14.1 Term
These Terms will remain in effect for so long as you access the Site or use the Platform (the “Term”).
14.2 Termination by EasyMate
We reserve the right to suspend or terminate your access to our Services and Platform or delete your account immediately and without notice if we determine:
We will not be liable to you or any third party for any such termination, except that, if we stop offering the Platform where required to do so by law, we will refund any prepaid Subscription Fees for the remainder of the Term then in effect within thirty (30) days of the date of termination.
14.3 Termination by You
Subscriptions may be cancelled at any time. Following the termination date of your Subscription, these Terms will no longer apply to you unless (and only to the extent that) you access the Site.
14.4 Effect of Termination
Upon expiration or termination of this Agreement for any reason, the rights and licenses granted under this Agreement will immediately terminate. Sections 5, 7, 8, 9, 10, 11, 12, 13, 14, and 15 will survive the termination or expiration of this Agreement for any reason.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS. EXCEPT AS REQUIRED BY APPLICABLE LAW OTHERWISE SPECIFIED IN APPLICABLE SUPPLEMENTAL TERMS, BY AGREEING TO BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE. YOU ALSO AGREE TO WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION. TO THE FULLEST EXTENT PERMITTED BY LAW, IF A DISPUTE IS NOT FILED WITHIN ONE YEAR, IT IS PERMANENTLY BARRED.
15.1 Governing Law
The Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law that would cause the application of the laws of any other jurisdiction.
15.2 Arbitration
15.2.1. Generally. This section (the “Arbitration Agreement”) applies to and governs any dispute, controversy, or claim between you and us that arises out of or relates to, directly or indirectly: (i) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (ii) access to or use of our Services, including receipt of any advertising, marketing, or other communications from us; (iii) any transactions through, by, or using our Service; or (iv) any other aspect of your relationship or transactions with us, directly or indirectly, as a user or consumer (“Claim” or collectively, “Claims”). The Arbitration Agreement shall apply, without limitation, to all Claims that arose or were asserted before or after your consent to these Terms.
In order to expedite and control the cost of disputes, EasyMate and you agree that any legal or equitable claim, dispute, action or proceeding arising from or related to your use of the Services or these Terms (“Dispute”) will be resolved as follows to the fullest extent permitted by law:
15.2.2. Notice of Dispute. In the event of a Dispute, you agree to first contact us at legal@easymate.ai. You and EasyMate will attempt in good faith to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or EasyMate may commence arbitration.
15.2.3 Arbitration Procedures.
In the unlikely event that we have not been able to resolve a Dispute after sixty (60) days, we each agree to resolve any Dispute through binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS (the “Rules”), except as provided herein. JAMS may be contacted at www.jamsadr.com, where the Rules are available. In the event of any conflict between the Rules and this Arbitration Agreement, the Arbitration Agreement shall control. The arbitration will be conducted by videoconference if possible, but if the arbitrator determines a hearing should be conducted in person, the arbitration will be conducted in the U.S. county where you live or San Mateo, California, unless you and we agree otherwise.
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 will include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses.
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. You and we agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms, or any provision of these Terms, is unconscionable or illusory or any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel.
NOTHING IN THIS SECTION WILL BE DEEMED AS PREVENTING US 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, OR OTHER PROPRIETARY RIGHTS; OR PREVENTING YOU FROM ASSERTING CLAIMS IN SMALL CLAIMS COURT, IF YOUR CLAIMS QUALIFY AND SO LONG AS THE MATTER REMAINS IN SUCH COURT AND ADVANCES ON ONLY AN INDIVIDUAL (NON-CLASS, NON-COLLECTIVE, AND NON-REPRESENTATIVE) BASIS.
IF THIS ARBITRATION AGREEMENT IS FOUND TO BE VOID, UNENFORCEABLE, OR UNLAWFUL, IN WHOLE OR IN PART, THE VOID, UNENFORCEABLE, OR UNLAWFUL PROVISION, IN WHOLE OR IN PART, SHALL BE SEVERED. SEVERANCE OF THE VOID, UNENFORCEABLE, OR UNLAWFUL PROVISION, IN WHOLE OR IN PART, SHALL HAVE NO IMPACT ON THE REMAINING PROVISIONS OF THE ARBITRATION AGREEMENT, WHICH SHALL REMAIN IN FORCE, OR THE PARTIES’ ABILITY TO COMPEL ARBITRATION OF ANY REMAINING CLAIMS ON AN INDIVIDUAL BASIS PURSUANT TO THE ARBITRATION AGREEMENT. NOTWITHSTANDING THE FOREGOING, IF THE CLASS ACTION/JURY TRIAL WAIVER IS FOUND TO BE VOID, UNENFORCEABLE, OR UNLAWFUL, IN WHOLE OR IN PART, BECAUSE IT WOULD PREVENT YOU FROM SEEKING PUBLIC INJUNCTIVE RELIEF, THEN ANY DISPUTE REGARDING THE ENTITLEMENT TO SUCH RELIEF (AND ONLY THAT RELIEF) MUST BE SEVERED FROM ARBITRATION AND MAY BE LITIGATED IN A CIVIL COURT OF COMPETENT JURISDICTION. ALL OTHER CLAIMS FOR RELIEF SUBJECT TO ARBITRATION UNDER THIS ARBITRATION AGREEMENT SHALL BE ARBITRATED UNDER ITS TERMS, AND THE PARTIES AGREE THAT LITIGATION OF ANY DISPUTE REGARDING THE ENTITLEMENT TO PUBLIC INJUNCTIVE RELIEF SHALL BE STAYED PENDING THE OUTCOME OF ANY INDIVIDUAL CLAIMS IN ARBITRATION.
15.2.4 Class Action/Jury Trial Waiver
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED OUR 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 AND WE AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER USERS. YOU AND WE AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE 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.
