Terms and Conditions of Service

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION AND WAIVER OF JURY TRIAL. PLEASE READ IT CAREFULLY BEFORE AGREEING.

These Terms and Conditions of Service govern your use of the Agent (as defined below), a product of Every Media, Inc. These Terms do not govern any other products or services offered by Every Media, Inc.

Every Media, Inc. (hereinafter “Company”, “we”, or “us”) provides the website https://agent.every.to/ (the “Site”), and the related software, integrations (including with third-party workspace communication services), data, content, information, tools, functionality, updates, and similar materials delivered or provided by us (collectively, the “Service”), subject to your agreement to and compliance with the conditions set forth in these Terms and Conditions of Service (the “Agreement”).

This Agreement sets forth the legally binding terms and conditions governing your use of the Service. By using the Service or otherwise entering into this Agreement, you are creating a binding contract with us. If you do not agree to these terms and conditions, you may not use the Service.

This Agreement is subject to change. If this Agreement changes, we will let you know by posting the revised Agreement on the Service and/or otherwise making you aware of the changes. Your continued use of the Service following our notice of changes to this Agreement (or other method of legal acceptance) means you accept such changes. Please refer to the “Effective Date” above to see when this Agreement was last updated.

1. License

As long as you are in compliance with the conditions of this Agreement and all incorporated documents, we hereby grant you a limited, revocable, non-assignable, non-transferable, non-sublicensable, non-exclusive license to access, receive, and use the Service. No rights not explicitly listed are granted.

2. Incorporated Terms

The following additional terms are incorporated into this Agreement as if fully set forth herein:

• Privacy Policy - available at https://agent.every.to/legal/privacy-policy
• Copyright Policy - attached to this Agreement
• Complaint Policy (including Trademark and Privacy) - attached to this Agreement

3. Overview

The Service is designed to, among other things, serve as an agentic artificial intelligence service (“Agent”) to integrate and use in conjunction with certain third-party services where you maintain an account with the provider’s services, tools, websites, and applications (collectively, “Third-Party Accounts”), including, but not limited to, Google products (including, but not limited to, Gmail, Google Calendar, Google Drive, Google Docs, Google Sheets), and Slack. Users can integrate the Agent into more than one Third-Party Account at a time. The Service may allow for a number of functions when integrated with your Third-Party Account including, but not limited to, reading, archiving, drafting responses to, storing, deleting, and summarizing information, data, text, chat history, software, music, sound, photographs, graphics, video, messages, tags and/or other materials that you have provided to and stored in your Third-Party Account (“Third-Party Account Content”). Subject to your compliance with this Agreement, you may share, upload, or otherwise make Content available through the Service, including by way of your prompts, comments, questions, Third-Party Account Content, and other input to the Service (collectively, “Input”). In response to any prompts, comments, questions, and other Inputs that you provide to the Service, the Service, together with AI Services (as defined below) may generate new Content (collectively the “Output”).

The Agent accesses areas, channels, and spaces (collectively, “Areas”), and messages within Third-Party Accounts, and the Third-Party Account Content therein, according to the permissions granted by the user with respect to the Third-Party Account. The user, or an authorized administrative user (“Admin”), may direct the Agent to access content from private Areas and share that Third-Party Account Content, or Outputs, based on said direction, with specified recipients. You are responsible for ensuring that you have permission to request such access and sharing.

Any access to Areas and/or Third-Party Accounts can be revoked by the user at any time. Users and Admins can manage Agent access settings (other than Agent permissions) through the controls available in the Service and connected platforms. Available controls depend on whether you are a user or an Admin and the integration.

Once integrated with your Third-Party Account(s), you may prompt the Agent to autonomously act upon certain automated tasks without having to approve each such action. However, other tasks, including, but not limited to, creating emails and deleting certain content may still require your express approval prior to the Agent acting on the request.

In order to access certain aspects of the Service, you may be required to create an account (“Account”) with the Service and it may have to be paired with one or more payment methods (“Payment Method”), including without limitation credit card number, your credit card verification or other security code, the expiration date of your credit card, and your address. All information about your Payment Method(s) must be accurate and complete before you make any payments. Verification of information may be required prior to the completion or acknowledgment of setting up any Payment Method. You may also add additional users (“Team Members”) to your Account (“Team Account”), depending on the type of Account you have. Admins will have limited control over corporate Accounts, such control includes managing shared Account resources, viewing audit logs, observing Account activity at a global level, adding and revoking resources and abilities for individual Team Members, and modifying enterprise-wide directives. Admins cannot add or revoke Agent permissions to Third-Party Accounts or different Areas within those accounts.

For the purposes of this Agreement, if you are an employee, agent, Admin, or other representative of a company or an organization, “you”, “your”, and similar terms shall refer to such entity (as applicable) and you hereby represent that you are authorized to legally bind such entity to the terms of this Agreement. For Team Accounts, where there are several Team Members, the ability to bind the company or organization, and take certain actions described in this Agreement, may be limited to only authorized Admins, including, but not limited to, certain high-level Account options/settings applicable to all Team Members.

4. AI Services

Company provides certain features leveraging third-party artificial intelligence (“AI”) and machine learning platforms, algorithms, services, tools, and models (collectively, “AI Services”) to power the Service’s functions. By using these functions, you hereby consent and authorize Company to share any Content (as defined below) you provide with one or more third-party providers of such AI Services (“Third-Party AI Providers”) as necessary to complete your request. The Service may utilize AI Services to generate Outputs. You acknowledge and agree that Company may share your Inputs with AI Services to generate the Outputs and other processing of your Content (to the extent such Content is also personal data, our processing and disclosure of such data is described in more detail in our Privacy Policy). Further, you understand that additional license requirements may apply to certain AI Services, including that such AI Services may retain certain rights to use or disclose your Content. You assume all risks associated with your use of such AI Services. Company will have no liability for the unavailability of any AI Services, or any third party’s decision to discontinue, suspend or terminate any AI Services.

5. Eligibility

You must be at least sixteen (16) years old to use the Service unless a higher minimum age is required by the providers of each Third-Party Account with which you integrate our Service. By using the Service, you represent that you meet the applicable minimum age requirement.

Some parts of the Service may not be available to the general public, and we may impose additional eligibility rules from time to time on those portions of the Service. We reserve the right to amend or eliminate these eligibility requirements at any time.

By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement, and that you commit to abide by all the terms and conditions herein.

6. Important Notices

This Agreement and the Privacy Policy are subject to the provisions of the European Union General Data Protection Regulation (“EU GDPR”), the United Kingdom General Data Protection Regulation (“UK GDPR”, together with the EU GDPR, the “GDPR”), and other applicable privacy laws. Under the GDPR, depending on the circumstances, we can be a data “Controller” or a data “Processor”. Similarly, you are either a data “Controller” or a “Data Subject”, depending on whether you are acting in your official capacity for your employer, or in your individual capacity. When you are a Data Subject, you have certain protected privacy rights concerning your “Personal Data”, and we will take commercially reasonable steps to maintain compliance with GDPR requirements.

While we make reasonable efforts to ensure that the Service remains available at all times, we do not represent or warrant that access to the Service will be error-free or uninterrupted, or without defect, and we do not guarantee that you will be able to access or use the Service, or its features, at all times.

The Service, and any Content posted therein, are for information purposes only. Any acts taken, or decisions made, based upon the Service, or any Outputs, are in your sole discretion and at your sole risk. If you seek professional advice, please consult with the appropriate licensed professional.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service, or any part thereof, with or without notice.

The Service may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any such errors, inaccuracies or omissions and to change or update information at any time without prior notice.

7. Third-Party Account Integrations

By allowing the Service to access your Third-Party Account, you represent that you are entitled to disclose your Third-Party Account login information to us and grant us access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating us to pay any fees or making the Service subject to any usage limitations imposed by provider of the service for such Third-Party Account. By granting Company access to any Third-Party Account, you authorize the Service to access, process, make available, and retain (if applicable) any Third-Party Account Content in order to provide the Service. Unless otherwise specified in this Agreement, all Third-Party Account Content is considered to be your Content for all purposes of this Agreement.

YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND COMPANY DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.

8. Important AI Notices

Artificial intelligence and machine learning are rapidly evolving technologies. We are continuously improving our Service to make it more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning, use of our Service may, in some situations, result in Outputs that are not accurate.

When you use our Service you acknowledge, understand, and agree:

• You are using and interacting with an AI system (not a human), and that AI systems are based on probabilistic models, which may result in errors or misinterpretations;
• Outputs may not always be accurate. You should not rely on any Outputs from our Service as a sole source of truth or factual information, or as a substitute for professional advice;
• You must evaluate each Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing such Output from the Service;
• Outputs are based on your Inputs, and that Company has no control over or responsibility for any such Inputs;
• You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them or in any way that may discriminate against them;
• Our Service may provide incomplete, incorrect, or offensive Outputs that do not represent our views. If an Output references any third-party products or services, it doesn’t mean the third party endorses or is affiliated with us, or that we endorse the third party or its products or services;
• You are solely responsible for your use of your Outputs created through the Service, and you assume all risks associated with your use of any Outputs, including, not limited to, any potential copyright infringement claims from third parties, any decisions made or actions taken in reliance on any Outputs, and any disclosure of your Outputs that personally identifies you or any third party; and
• You are entirely responsible for all Inputs that you upload, share, post, email, transmit, query, or otherwise make available through or to the Service including, but not limited to, any Third-Party Account Content.

YOU ACCEPT AND AGREE THAT THE USE OF ANY OUTPUT FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON ANY OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.

9. Trials, Subscriptions, Cancellations, and Payments

At registration, your Account may be eligible for limited or trial access (“Trial Period”). The terms of the Trial Period will be identified at the time of registration, including, but not limited to, the fees (if any), billing intervals (if applicable), what will trigger end of the Trial Period, and possibly the automatic conversion (depending on the terms of the Trial Period) to a Subscription (as defined below) Account, and how the Trial Period can be terminated.

At the time you register for a Trial Period, you will also be presented with our various Subscription plans/billing options to enable conversion to a Subscription Account at the end of the Trial Period. You may not be required to submit your Payment Method at the beginning of the Trial Period, but your access to and use of the Agent will cease at the end of the Trial Period if no Payment Method has been provided prior to such time.

You can terminate your Trial Period through functionality on the Service, or as otherwise provided in the terms to which you agreed in relation to your Trial Period (“Trial Terms”). If you terminate your Trial Period at any point while it is still active, your access to the Agent will continue until the end of the Trial Period. The Trial Terms (including with respect to the conversion to a Subscription Account) will determine what, if any, charges will be made to your Payment Method at the time of termination. Your Payment Method must be on file before your Subscription can begin.

If your Trial Period converts to a Subscription Account as described in the Trial Terms, we will begin billing your Payment Method according to the Subscription plan you selected. If no Payment Method is on file, access will cease at the end of the Trial Period until a Payment Method is provided. Upon termination of your Trial Period, any files, information, or other data that you added to your Account may be promptly deleted. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, WE WILL HAVE NO WARRANTY, INDEMNITY, SUPPORT (EXCEPT AS REQUIRED BY APPLICABLE THIRD-PARTY ACCOUNT PROVIDERS), OR OTHER OBLIGATIONS WITH RESPECT TO TRIAL ACCOUNTS.

The Service may require the payment of fees for ongoing, self-renewing subscription access to the Service (a “Subscription”). If you have a Subscription Account, your Payment Method may be charged in the amounts and at the times identified in the Subscription you select (“Subscription Fees”). Subscription Fees will be charged at the frequency selected when you register.

In addition to Subscription Fees, there are also fees (“Usage Fees”, and together with the Subscription Fees, “Fees”) that correspond to your use of the Service, which are converted into usage credits. Upon starting your Subscription, you can select an initial Usage Fee, and an initial batch of credits will be issued in the amount corresponding to the Usage Fee paid. Depending on the terms of your Subscription Account, your Usage Fees may automatically replenish at the initial amount by default, or the settings of your Subscription Account may allow you to set an auto-refill option to charge your Payment Method the same Usage Fee each time your credits reach a certain level. If your Subscription Account does not offer automatic credit refill, you will be able to complete this process manually. We reserve the right to change the applicable Subscription Fees and Usage Fees and to institute new fees and charges at the end of the current Subscription term, notice of which may be sent by email or by posting the revised or new fees or charges to the Service.

Fees and other charges do not include federal, local, foreign, or similar transaction taxes (“Taxes”) now or hereafter levied, all of which shall be your responsibility. If we are required to pay Taxes on your behalf, we may charge those amounts to your designated payment method, and if not accepted, you may be invoiced for such Taxes and shall reimburse us for such amounts as described herein.

If you do not pay at the time you order, we reserve the right to invoice you for the applicable Fees at our election (i) on a monthly basis in advance, with all invoices due no less than five (5) days before the start of the month to which the invoice applies, or (ii) when such Fees are due, with such invoice being due within five (5) days of issuance by us.

In addition to other applicable remedies, we reserve the right to suspend and/or terminate your access to the Service and/or terminate this Agreement if your Payment Method is declined or fails, or your account is otherwise delinquent, and in the case of Team Accounts we reserve the right to suspend or terminate access for all Team Members. Charges to delinquent accounts are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection, including reasonable attorneys’ fees and court costs.

YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME, BUT YOU WILL NOT BE ENTITLED TO A REFUND FOR ANY CREDITS, PAST PAYMENTS, OR FUTURE PAYMENTS DUE DURING THE REMAINDER OF YOUR CANCELED TERM.

To collect and process Fees, we use third parties to process payments (each a “Payment Processor”). The processing of payments will be subject to the terms, conditions and privacy policies of the applicable Payment Processor in addition to this Agreement. We are not responsible for error by the applicable Payment Processor. You agree to provide us accurate and complete information about you and your chosen Payment Method. You authorize us to share such information as well as transaction information with the Payment Processor. As a user purchasing a Subscription, you agree to pay us, through the applicable Payment Processor, all charges at the prices then in effect for such Subscription. You agree to make payment using that selected Payment Method, and you authorize us, through the applicable Payment Processor, to charge your Payment Method at the times and in the amounts associated with such Subscription. Company reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. You represent and warrant that you, and every Team Member (if applicable), have the legal right to use any Payment Method or other payment means used to initiate any transaction.

For any subscription products, you agree that your license to the Service is not a service, repair, or maintenance to real or personal property.

Fee rates will be provided for your review prior to you being charged such Fees.

10. Rules of Conduct

Your use of the Service is conditioned on your compliance with the terms of this Agreement, including, but not limited, to these rules of conduct.

You represent and warrant:

• that the information that you have provided on the Service is complete, accurate, and true, and you agree to update it as necessary;
• you are solely responsible for the accuracy, completeness, appropriateness, and legality of the Inputs that you make available through the Service;
• you have provided all required notices to, and obtained all licenses, permissions, and consents required (including without limitation under applicable data protection laws) from, all third parties to whom the Inputs relate or pertain, to enable us to access, use, and process your Inputs in connection with the Service;
• When you make available any Inputs on or to the Service, you represent that you own or have sufficient rights to use such Inputs in connection with the Service, including to grant the license set forth in Section 11;
• you, and if applicable the business or entity that you represent on the Service, are/is licensed and qualified to post, upload, communicate with us about, and make decisions based upon, the Outputs, materials, or information that you make available, or that is otherwise available on, the Service, as required by applicable law, regulation, and best industry standards; and
• you, and if applicable the business or entity that you represent on the Service, are/is not a competitor of ours.

You agree that you will not violate any applicable law or regulation in connection with your use of the Service or any Content (as defined below) contained therein.

You are solely responsible for any and all of the actions you take, or decisions that you make, relating to or arising from any Outputs or your use of the Service.

You agree not to distribute, upload, make available or otherwise publish through the Service any suggestions, information, ideas, comments, causes, promotions, documents, questions, notes, plans, drawings, proposals, or materials similar thereto (“Submission”) or any graphics, text, information, data, designs, instructions, schematics, links, profiles, audio, photos, software, music, sounds, video, comments, messages, tags, Third-Party Account Content, Inputs, or similar materials (collectively “Content”), or attempt to create any Outputs, that:

• are unlawful, unethical, threatening, abusive, harassing, deceptive, fraudulent, tortious or that encourage another to engage in such behavior;
• contain a virus or any other similar programs or software which may damage or disrupt the operation of our or another’s computer(s) or the Service;
• violate the rights of any party or infringe upon the patent, trademark, trade secret, copyright, right of privacy or publicity or other intellectual property or proprietary right of any party;
• are libelous, defamatory, pornographic, obscene, lewd, indecent, profane, inappropriate, invasive of privacy or publicity rights, abusing, harassing, threatening, bullying, or otherwise offensive (as determined by Company, in its sole discretion);
• contain any sensitive personal information, including any: (i) Social Security Numbers or other government-issued identification numbers; (ii) protected health information subject to the Health Insurance Portability and Accountability Act (HIPAA) or other health information regarding an individual, or health insurance information; (iii) biometric information; (iv) passwords to any online (other than for the Service) or financial accounts (v) bank account, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; (vi) precise geolocation; (vii) genetic data; (viii) personal information of children under 16 years of age; (ix) data relating to criminal convictions and offenses; and (x) data revealing a person’s racial or ethnic origin, political views, religious or philosophical beliefs, membership in a trade union, citizenship or citizenship status, and sexual orientation or sex life.

You must keep your username and password and any other information needed to login to the Service, if applicable, confidential and secure. We are not responsible for any unauthorized access to your Account or profile by others (including, but not limited to, your Team Members).

You further agree that you will not do any of the following:

• modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the Service;
• interfere with or disrupt the operation of the Service, including restricting or inhibiting any other person from using the Service by means of hacking or defacing;
• transmit to or make available in connection with the Service any denial-of-service attack, virus, worm, Trojan horse or other harmful code or activity;
• attempt to probe, scan or test the vulnerability of a system, a network, or the Service or to breach security or authentication measures without proper authorization;
• take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
• harvest or collect the email address, contact information, or any other personal information of other users of the Service;
• use any means to crawl, scrape or collect content from the Service via automated or large group means;
• submit, post or make available false, incomplete or misleading information to the Service, or otherwise provide such information to us;
• breach, through the Service, any agreements that you enter, or have entered, into with any third parties;
• stalk, harass, injure, or harm yourself or another individual, or attempt to do any of the foregoing, through the Service;
• direct or encourage another user or individual, through the Service, to do something that is unsafe, or that a similarly situated, reasonable person wouldn’t have an expectation of safety; or
• impersonate any other person or business.

You are not licensed to access any portion of the Service that is not public, and you may not attempt to override any security measures in place on the Service.

We reserve the right, in our sole discretion, to protect our users from violators and violations of these rules of conduct, including, but not limited to, restricting your use of the Service, restricting your ability to upload Submissions or Content, immediately terminating your use of the Service, or terminating your use of the Service by blocking certain IP addresses from accessing the Service. Notwithstanding the foregoing, our unlimited right to terminate your access to the Service shall not be limited to violations of these rules of conduct.

11. Content Submitted or Made Available to Us

You are under no obligation to submit anything to us or through use of the Service, and unless otherwise noted, we will not claim ownership of any Submissions or Content. However, in order for us to provide the Service, we need your permission to process, display, reproduce, create derivative works, and otherwise use the Submissions or Content that you make available to us, if any. Therefore, if you choose to submit any Submissions or Content through or on the Service, or otherwise make available any Submissions or Content through the Service, you hereby grant us a perpetual, irrevocable, transferable, sub-licensable (through multiple tiers), non-exclusive, worldwide, royalty-free license to reproduce, use, modify, display, perform, distribute, translate and create derivative works from any such Submissions or Content, including without limitation distributing part or all of the Submissions or Content in any media format through any media channels, solely for the purposes of providing, maintaining, and improving the Service.

By submitting any Submissions or Content to us you hereby agree, warrant and represent that: (a) the Submissions and Content do not contain proprietary or confidential information, and the provision of the Submissions and Content is not a violation of any third party’s rights; (b) all such Submissions and Content are accurate and true; (c) we are not under any confidentiality obligation relating to the Submissions or Content; (d) we shall be entitled to use or disclose the Content or Submissions solely for the purposes of providing, maintaining, and improving the Service, to the maximum extent permissible under applicable law; and (e) you are not entitled to compensation or attribution from us in exchange for the Submissions or Content.

You acknowledge that we are under no obligation to maintain the Service, or any information, materials, Submissions, Content or other matter you submit, post or make available to or on the Service. We reserve the right to withhold, remove and or discard any such material at any time. For the avoidance of doubt, our use of any of your Content or Submissions pursuant to the license in this Section 11 does not imply or transfer any ownership, endorsement, or liability of your Content or Submissions.

12. Content Shared Through the Service

You understand that by sharing information on the Service, by participating in the Service, and by requesting information to be sent through, or downloading information from, the Service, you may be revealing information about yourself, the entity that you represent, or your business that may include financial, credit, or similar information, including with other users. You understand and acknowledge that you are fully aware and responsible for the impact of sharing such materials and using the Service, and you agree that we shall not be held responsible, and we shall be released and held harmless by you from any liability or damages arising out of such conduct.

13. Intellectual Property Ownership

Our graphics, logos, names, designs, page headers, button icons, scripts, and service names are our trademarks, trade names, and trade dress. The “look” and “feel” of the Service (including color combinations, button shapes, layout, design and all other graphical elements) are protected by U.S. copyright and trademark law. All product names, names of services, trademarks and service marks (“Marks”) are our property or the property of their respective owners, as indicated. You may not use the Marks or copyrights for any purpose whatsoever other than as permitted by this Agreement.

You hereby authorize Company and its third-party service providers to generate data, information, insights, statistics, and usage data related to our provision of the Service and your use of the Service and associated software, systems, programs, and technologies (“Usage Data”).

You acknowledge that the Usage Data and the Service and all enhancements, updates, upgrades, corrections and modifications thereto, all copyrights, patents, trade secrets, or trademarks or other intellectual property rights protecting or pertaining to any aspect of the software (or any enhancements, corrections or modifications) and any and all documentation therefor, are and shall remain our sole and exclusive property or that of our licensors, as the case may be. This Agreement does not convey title or ownership to you, but instead gives you only the limited rights set forth herein.

Company does not claim ownership of any Input or Output, all Inputs and Outputs are your Content. Subject to the license granted in Section 11, as between the Company and you, you are the owner of all right, title, and interest in your Content. Notwithstanding the foregoing, given the nature of the Service, you acknowledge that: (a) Outputs may not be unique across users and the Service may generate the same or similar output for another user under similar terms; and (b) the Company does not represent or warrant that the Outputs are protectable by any intellectual property rights under applicable law.

14. Data Collection and Use

You understand and agree that our Privacy Policy, available here, shall govern the collection and use of data obtained by us through your use of the Service.

15. Google Data

The Agent’s use and transfer to any other app of information received from Google application program interfaces (“APIs”) will adhere to the Google API Services User Data Policy, including the Limited Use requirements.

Without limiting the foregoing, we commit to the following with respect to your Google Data (as defined in our Privacy Policy):

• We will not use your Google Data (nor will we use any data obtained through Slack APIs) to train, develop, or improve any artificial intelligence or machine learning models;
• We will not use your Google Data for serving advertisements, including retargeting, personalized, or interest-based advertising;
• We will not use or transfer your Google Data to determine creditworthiness or for lending purposes;
• We will not allow humans to read your Google Data, except (a) with your express, affirmative consent for a specific message, file, or other data (for example, to provide customer support); (b) where necessary for security purposes, such as investigating a bug or abuse; (c) to comply with applicable law; or (d) where the data (including derivations) has been aggregated and anonymized and is used for internal operations in accordance with applicable privacy and other legal requirements; and
• We will only transfer your Google Data to Third-Party AI Providers and to Google as necessary to provide the user-facing features of the Service that you request, and to no other third parties except as required by law.

16. Enforcement and Termination

We reserve the right to deny all or some portion of the Service to any user, in our sole discretion, at any time. Without limiting the foregoing or assuming additional legal obligations, we have a policy of terminating repeat violators of the Copyright Act, in accordance with applicable law. All grants of any rights from you to us related to Content, Submissions, or other materials, including, but not limited to, copyright licenses, shall survive any termination of this Agreement. Further, your representations, defense, and indemnification obligations survive any termination of this Agreement.

17. Third-Party Links, Content, and Services

The Service may contain links to third-party websites, services, and materials. Such links are provided only for informational purposes or to provide the Service, and we do not endorse any third-party website or services through the provision of such a link or through our Service.

The Service may contain articles, text, imagery, video, audio, data, information and other similar materials originating from third parties, including users other than you. We do not endorse any third party, or third-party content that may appear on the Service or that may be derived from content that may appear on the Service, even if such content was summarized, collected, reformatted or otherwise edited by us.

Neither our Privacy Policy, nor the terms of this Agreement, apply to the websites, services, or materials offered by third parties (including, but not limited to, Third-Party AI Providers), even in cases where we provide links to them, or incorporate them into our own Service. Except to the extent that you indirectly utilize third parties through Company to deliver the Service (including, but not limited to, the Third-Party AI Providers), you agree and acknowledge that if you otherwise engage with third parties, the actions taken by such third parties will be subject to, and governed by, their own terms and policies, including, but not limited to, their respective privacy policies and terms. Please review the terms of our current Third-Party AI Providers, and our other third-party providers, before using our Service. Our list of third-party providers can be found here, Subprocessor List, as we may update from time to time, without notice.

18. Disclaimers and Limitation on Liability

EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE AND ACKNOWLEDGE THAT THE SERVICE, AND THE CONTENT THEREIN, AND THE OUTPUT PRODUCED BY THE FOREGOING, ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, ALONG WITH OUR PARENT ENTITIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES AND SUPPLIERS, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, ACCURACY, COMPLETENESS, TRUTHFULNESS, TIMELINESS, SUITABILITY, APPLICABILITY, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER WARRANTIES OF ANY KIND IN AND TO THE SERVICE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY.

FURTHER, OPINIONS, ADVICE, STATEMENTS, SUBMISSIONS, CONTENT, OR OTHER INFORMATION MADE AVAILABLE THROUGH THE SERVICE, BUT NOT DIRECTLY PROVIDED BY US, ARE THOSE OF THEIR RESPECTIVE AUTHORS, AND SHOULD NOT BE RELIED UPON. SUCH AUTHORS ARE SOLELY RESPONSIBLE FOR SUCH CONTENT.

SIMILARLY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, COMPANY SHALL HAVE NO LIABILITY OR RESPONSIBILITY WITH RESPECT TO AI SERVICES, CONTENT, INPUTS, OUTPUTS, THIRD-PARTY ACCOUNTS, OR THIRD-PARTY ACCOUNT CONTENT AS USED INDIVIDUALLY, OR TOGETHER, BY YOU OR YOUR AUTHORIZED AGENT.

USE OF THE SERVICE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT DATA TRANSMISSION OR STORAGE IS SECURE OR THAT THE SERVICE IS FREE OF INACCURACIES, MISREPRESENTATIONS, VIRUSES OR OTHER HARMFUL CODE OR COMPONENTS.

YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR USE OF THE FUNCTIONS THAT UTILIZE AI SERVICES. YOU ACKNOWLEDGE AND AGREE THAT ANY DECISIONS YOU MAKE OR ANY CONDUCT YOU ENGAGE IN AS A RESULT OF THE INFORMATION PROVIDED BY THE AI SERVICES OR ANY OTHER AI-ENABLED FEATURE MADE AVAILABLE BY COMPANY OR SUCH THIRD-PARTY AI PROVIDERS IS AT YOUR OWN RISK. BECAUSE THE AI FEATURES UTILIZE ARTIFICIAL INTELLIGENCE TO COMMUNICATE WITH YOU, THEY MAY PROVIDE INFORMATION THAT IS AN INACCURATE OR INAPPROPRIATE RESPONSE TO YOUR REQUESTS IN THEIR INTERACTIONS WITH YOU. YOU AGREE THAT COMPANY WILL NOT BE HELD LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY OUTPUT, THE AI SERVICES, OR ANY OTHER AI-ENABLED FEATURE MADE AVAILABLE BY THE COMPANY OR THIRD-PARTY AI PROVIDERS FOR PROVIDING INACCURATE OR INAPPROPRIATE INFORMATION TO YOU, OR FOR ANY DECISIONS MADE IN RELIANCE ON SUCH INFORMATION.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, LICENSORS OR BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) BE LIABLE TO YOU BASED ON OR RELATED TO THE SERVICE, THE ACTS OR OMISSIONS OF GOOGLE OR ANY THIRD-PARTY AI PROVIDER, OR THE ACTIONS YOU TAKE BASED ON THE SERVICE, OR THE DATA OR THE CONTENT THEREIN, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICE, EVEN IF WE AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Notwithstanding the foregoing, in the event that a court shall find that the above disclaimers are not enforceable, then you agree that neither we nor any of our parent entities, subsidiaries, affiliated companies, employees, members, shareholders, or directors shall be liable for (1) any damages in excess of $500.00 or (2) any indirect, incidental, punitive, special, or consequential damages or loss of use, lost revenue, lost profits or data to you or any third party from your use of the Service. This limitation shall apply regardless of the basis of your claim or whether or not the limited remedies provided herein fail of their essential purpose.

19. Indemnification

You agree to defend, indemnify and hold us and our suppliers, subsidiaries, licensors, and licensees, and each of their officers, directors, shareholders, members, employees and agents harmless from all allegations, judgments, awards, losses, liabilities, costs and expenses, including, but not limited to, reasonable attorneys’ fees, expert witness fees, and costs of litigation arising out of or based on (a) Submissions or Content you submit, post to or transmit through the Service (b) your use of the Service or any Content therein, (c) your violation of the Agreement, (d) AI Services and Third-Party Accounts; and (e) any conduct, activity or action which is unlawful or illegal under any state, federal or common law, or is violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of the Service.

20. Governing Law and Jurisdiction; Arbitration

You agree that any claim or dispute arising out of or relating in any way to the Service will be resolved solely and exclusively by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. The laws of the State of Delaware shall govern this Agreement, and shall be used in any arbitration proceeding.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of this Agreement as a court would. Any arbitration between you and us shall have one (1) arbitrator.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the following address: Every Media, Inc., 228 Park Ave South, PMB 749707, New York, New York 10003-1502, USA.

Arbitration under this Agreement will be conducted by the American Arbitration Association (AAA) under its then-current Commercial Rules, shall be conducted in English, in Wilmington, Delaware. Payment of all filing, administration, and arbitrator fees will be made by the party initiating the arbitration. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrators, will be strictly confidential for the benefit of all parties.

You and Company agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, both you and Company agree that each have waived any right to a jury trial.

Notwithstanding the foregoing, you agree that we may bring suit in court to enjoin infringement or other misuse of intellectual property or other proprietary rights, or to collect unpaid amounts.

To the extent arbitration does not apply, you agree that any dispute arising out of or relating to the Service, or to us, may only be brought by you in a state or federal court located in Wilmington, Delaware. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN DELAWARE.

21. Policies for Children

The Service is not directed to individuals under the age of 13. In the event that we discover that a child under the age of 13 has provided personally identifiable information to us, we will make efforts to delete the child’s information in accordance with the Children’s Online Privacy Protection Act. Please see the Federal Trade Commission’s website (www.ftc.gov) for more information. For more information about our privacy practices with respect to the personal information of children, please see our Privacy Policy, available here.

Notwithstanding the foregoing, pursuant to 47 U.S.C. § 230(d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your internet service provider for more information.

22. General

Severability. If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be given its maximum enforceable effect or shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.

Revisions. In the event that we update this Agreement, you will be notified through the Service, or other reasonable manner, and may be required to re-affirm the updated Agreement using the method we will specify.

No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Service.

Assignment. We may assign our rights under this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without our prior written consent, and any unauthorized assignment by you shall be null and void.

Electronic Signatures. You agree that your use of any electronic signatures will be as valid as any manual signatures, if authorized by local law, and you will ensure that your use of electronic signatures is in conformance with local laws and regulations.

No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Notices. All notices given by you or required under this Agreement shall be in writing and addressed to Every Media, Inc., 228 Park Ave South, PMB 749707, New York, New York 10003-1502, USA.

Equitable Remedies. You hereby agree that we would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.

Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Service, and supersedes all prior or contemporaneous communications, whether electronic, oral or written.

Copyright © Every Media, Inc. All rights reserved. The Service is our property, and is protected by United States and international copyright, trademark, and other applicable laws. This includes the content, appearance, and design of the Service, as well as the trademarks, product names, graphics, logos, service names, slogans, colors, and designs.

Copyright Policy

If you believe in good faith that any material posted on our Service infringes the copyright in your work, please contact our copyright agent, designated under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(c)(3)), with correspondence containing the following:

• A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed;
• Identification, with information reasonably sufficient to allow its location of the material that is claimed to be infringing;
• Information reasonably sufficient to permit us to contact you;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and,
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you receive a notification from us that content you made available on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide us with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to our copyright agent, and include substantially the following information:

• Your physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification under this DMCA Policy above or an agent of such person.

You acknowledge that if you fail to comply with all of the requirements of this policy, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact our designated DMCA Copyright Agent:

Copyright Agent

Every Media, Inc.

228 Park Ave South, PMB 749707

New York, New York 10003-1502, USA

email: agent@every.to

Complaint Policy (Including Trademark and Privacy)

If you believe in good faith that any material posted on the Service infringes any of your rights other than in copyright, or is otherwise unlawful, you must send a notice to agent@every.to containing the following information:

• Your name, physical address, email address and phone number;
• A description of the material posted on the Service that you believe violates your rights or is otherwise unlawful, and which parts of said materials you believe should be remedied or removed;
• Identification of the location of the material on the Service;
• If you believe that the material violates your rights, a statement as to the basis of the rights that you claim are violated;
• If you believe that the material is unlawful or violates the rights of others, a statement as to the basis of this belief;
• A statement under penalty of perjury that you have a good faith belief that use of the material in the manner complained of is not authorized and that the information you are providing is accurate to the best of your knowledge and in good faith; and
• Your physical or electronic signature.

If we receive a message that complies with all of these requirements, we will evaluate the submission, and if appropriate, in our sole discretion, we will take action. We may disclose your submission to the poster of the claimed violative material, or any other party.

All notices given by you or required under this Agreement shall be in writing and addressed to: Every Media, Inc., 228 Park Ave South, PMB 749707, New York, New York 10003-1502, or sent via email to agent@every.to.