Terms of Service

Coming soon

We are working on our terms of service guidelines and will publish them with the launch of our software.

1. ACCEPTANCE AND APPLICABILITY OF AGREEMENTS

1.1 Acceptance of Agreements. By using the Platform and/or acknowledging that you have read and agree to any or all of the Agreements, you are agreeing to comply with the applicable Agreements. If you fail to comply with any of the applicable Agreements, we may terminate your ability to use the Platform. Without limiting the foregoing, the Platform is intended for adults eighteen (18) years of age or older (or age of majority if higher in your place of residence). By accessing the Platform, you represent to us that: (1) you are eighteen (18) years of age or older (or age of majority or older if higher in your place of residence; (2) you are legally able to enter into contracts; (3) that you are not a person barred from receiving or using the Platform under federal, state, local or other laws; and (4) you are not a member of a terror or hate group.

1.2 Changes to Terms. We may update or modify these Terms from time-to-time without providing notice to you by posting a revised version of these Terms on our website. You can review the most current version of these Terms at any time by clicking the “Terms of Use” link on our website. By using the Platform after any modification of these Terms, you agree to be bound by such modifications.

1.3 Our Rights. We have the right, but not the obligation, to take any of the following actions in our sole discretion without providing any prior notice to you and without any liability to you or any third party:

(a) change or terminate all or any part of the Platform;

(b) restrict or terminate your access to all or any part of the Platform;

(c) refuse, move or remove any content that is available on the Platform; or

(d) deny access to the Platform to anyone at any time in our sole and absolute discretion.

1.4 AI Functionality.

(a) The AI Functionality is provided by third-parties providers. Currently Boz is using artificial intelligence technology developed and provided by OpenAI LLC (“OpenAI”). You acknowledge and understand that by using the Platform the OpenAI Terms of Service govern the use of the AI Functionality (available here) (“OpenAI Terms”) and specifically, that any information, content or code uploaded to the AI Functionality (“Input”) may, in certain instances, be used by OpenAI for model training and improvement. OpenAI grants opt-out rights available here. The Input may be shared with and manually reviewed by a person, including by third party contractors located around the world. Users should not use or provide any information that is sensitive or that he does not want others to view, including Personal Information. Boz has no control over the use of the Input, thus, any use of such is at Users own risk and Boz does not represent, undertake or warrant to any security or control of or to the Input.

(b) Boz may provide you with various tools, features and functionalities, including, but not limited to, the use of the artificial intelligence features and functionality (“AI Functionality”), to take any Input and create output generated and returned by the AI Functionality (“Output”) (Input and Output are collectively “Content”). You are solely responsible for ensuring that the Content complies with applicable laws and the Agreements. As between the parties and to the extent permitted by OpenAI Terms and applicable law, you own all Input and are hereby granted rights, title and interests in and to Output; for avoidance of doubt, ownership of the Output through use of Boz means that Boz does not own the Output, but does not guarantee that such Output does not violate another party’s intellectual property rights. The Content may be used for commercial purposes at your own risk. To the extent you share the Content it is recommended that you add a disclosure that the Output was generated by AI tools. Due to the nature of machine learning, Output, in whole or in part, will not be unique across users and the AI Functionality may generate the same or similar output for third parties.

1.5 SaaS Terms. Your access to and use of the Platform may be available pursuant to or otherwise subject to SaaS Terms between Boz and your employer or another entity on whose behalf you use the Platform. If this is the case, your employer or such other entity may impose additional obligations on your use of the Platform (“Additional Obligations”). If this is applicable to you, in addition to all other representations, warranties and covenants in the Agreements, you also represent to us that your use of the Platform will comply with any applicable SaaS Terms as well as any and all applicable Additional Obligations.

1.6 Conflicts. In the event of any conflict between these Terms and any other Agreement, these Terms shall control.

2. USE OF THE PLATFORM

2.1 Acceptable Use. Your use of the Platform must comply with the following (“Acceptable Use Restrictions”) which augment, are in addition to and do no limit the generality of the Prohibited Activities:

(a) You are only allowed to use the Platform for its intended purposes, as determined by us in our sole discretion.

(b) Without limitation, you are not allowed to use the Platform to:

(1) publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information, or engage in criminal behavior, or cause others to engage in any of the aforementioned conduct;
(2) violate any laws;
(3) transmit or upload any software or other materials that contain any viruses, worms, trojan horses, defects, time bombs or other items of a destructive nature;
(4) orengage in commercial activity except as authorized under the applicable Agreements.

(c) Prohibited Uses. You may not:

(1) access or use the Platform for purposes of web scraping, web harvesting, or web data extraction methods, other than as expressly permitted by these Terms;
(2) allow any non-human access or use of the Services or Boz Materials for any purposes; or
(3) otherwise access or use the Services or Boz Materials beyond the scope of the authorization granted under this Agreement.

(d) Without derogating from the restrictions in subsections (a) – (c) or any other provision of these Terms, you hereby represent and warrant that you will not:

(1) mislead anyone that Content generated is human-generated;
(2) impersonate any person or entity, including any of its employees or representatives;
(3) use the Platform to generate content that expresses or promotes hate, harassment, or violence, exploits or harms children, encourages self-harm, presents illegal, sexual, political, harmful, false, deceiving or misleading information, intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability, misuses personal data, contains malware, unsolicited bulk content, ransomware, viruses, or other software;
(4) include Input that contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals);
(5) include Input constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling, or
(6) use the Platform for activities which has high risk of economic harm, for adult content, adult industries, and dating apps; offering tailored financial advice without a qualified person reviewing the information; to provide health advice, political campaigning or lobbying.

(e) If you become aware of any actual or threatened activity prohibited by these Terms, you shall, immediately: (i) take all reasonable and lawful measures within their respective control that are necessary to stop the activity or threatened activity and to mitigate its effects (including, where applicable, by discontinuing and preventing any unauthorized access to the Platform and permanently erasing from their systems and destroying any data to which any of them have gained unauthorized access); and (ii) notify Boz of any such actual or threatened activity.

2.2 Access to the Platform. Access to the Platform requires access to the Internet. You are responsible for providing all equipment necessary to establish a connection to the Internet, access to the Internet and any telephone, wireless or other connection and service fees associated with such access. Using the Platform may allow you to receive content on your mobile phone or wireless device. The manner in which that content is delivered to your phone or device may cause you to incur extra data, text messaging or other charges from your wireless carrier, which are your sole responsibility.

3. OWNERSHIP OF THE PLATFORM AND CONTENT

3.1 Ownership. All right, title and interest in and to the Platform, including, but not limited to, all of the software and code that comprise and operate the Platform (collectively, the “Software”), and all of the text, photographs, illustrations, images, graphics, audio, video, URLs, advertising copy and other materials provided through the Platform (collectively, the “Materials”) are owned by us or by third parties who have licensed their Content to us. The Platform is protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws. In addition, the Materials, in their entirety and located on the Platform, is a collective work under U.S. and international copyright laws and treaties, and we own the copyright in the selection, coordination, arrangement and enhancement of the Materials.

3.2 Limited License. Subject to your acceptance of, and compliance with, the applicable Agreements and your payment of any applicable fees or charges, if applicable and depending on how you use or interact with our Platform, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Platform in a manner that is consistent with the Agreements and the Platform’s intended purpose(s). You obtain no rights to the Platform except to use it in accordance with the Agreements. Without limiting the generality of the foregoing, you shall not: (1) use any data mining, robots or other automatic or manual device, software, program, code, algorithm or methodology to access, copy or monitor any portion of the Platform or in any way reproduce or circumvent the navigational structure or presentation of the Platform, or obtain, or attempt to obtain, any materials or information through any means not purposely made available by us through the Platform and we reserve the right to take measures to prevent any such activity; (2) reproduce, copy, duplicate, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to create derivative works of the Platform (in whole or in part); (3) sell, assign, sublicense, transfer, distribute, lease or grant a security interest in the Platform (in whole or in part); (4) make the Platform (in whole or in part) available to any third party through a computer network or otherwise, including, but not limited to, distributing or making use of the Platform (in whole or in part) over a network where it could be used by multiple devices at the same time; (5) export the Platform (in whole or in part) to any country outside the United States (whether by physical or electronic means) in violation of any applicable export laws; (6) use the Platform (in whole or in part) in a manner prohibited by applicable laws, regulations and/or the Agreements; or (7) use the Platform in violation of the Acceptable Use Restrictions (collectively, the “Prohibited Activities”). You will be solely liable for any damages, costs or expenses arising out of or in connection with your commission of any Prohibited Activity. You shall notify us immediately upon becoming aware of the commission by any person of any Prohibited Activity and shall provide us with reasonable assistance with any investigations we may conduct in light of the information provided by you in this respect.

3.3 Marks. Our names and logos (including, but not limited to, those of our affiliates), all product and service names, all graphics, all button icons and all trademarks, service marks and logos appearing within the Platform, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Boz (collectively, “Our Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress (collectively, “Marks”) mentioned, displayed, cited or otherwise indicated within the Platform are the property of their respective owners. You are not authorized to display Our Marks in any manner without our prior written permission. You are not authorized to display or use the Marks of any third party that appear within the Platform without the prior written permission of the applicable third party.

4. ACCOUNTS

4.1 Registration. You may be required to open an account or register with Boz in order to use some of the features on the Platform. When registering for an account, you must provide true, accurate, current and complete information about yourself as may be requested by Boz. If any information you previously provided to us changes, you must promptly update the relevant information. Without limiting the foregoing, if your access to the Platform is subject to the SaaS Terms, you must be an authorized user under such SaaS Terms and comply with all Additional Obligations, including, but not limited to, those applicable to account registration.

4.2 Additional Information Sharing. If you open an account, you understand that Boz will collect and maintain information related to your use of the Platform. Boz connects, though may not always display, that information to your account in order to conduct our business operations.

4.3 Our Termination or Suspension of Your Account. Without limiting any other rights we have under the Agreements, in the event we determine, in our sole discretion, that your account information may be compromised due to your personal device being infected with a virus, malware, other malicious code or due to other theft of your account information, we reserve the right to invalidate, delete or otherwise modify your account in order to protect your account, the accounts of other users and our systems from further damage or exposure. This may include proactively changing your password. If we need to do this, we will make reasonable efforts to inform you of any modifications made via the email address listed on your account or other viable means of communication.

5. YOUR CONTENT, STATEMENTS AND PERSONAL INFORMATION

5.1 User Content. The Platform may provide you and our other users with the ability to add, create, upload, submit, distribute, post or share content on or through the Platform (collectively, “User Content”). By providing any User Content on the Platform, you expressly grant, and represent and warrant that you have the right to grant, us a non-exclusive, irrevocable, worldwide, transferable, royalty-free, perpetual license to access, use, process, copy, distribute, perform, export and display User Content (i) to improve the Platform and (ii) in an anonymized manner.

5.2 Abusive and Offensive Language. Abusive or offensive language will not be tolerated on our Platform, social media sites or with our personnel. You are not entitled to make untrue, malicious and/or damaging comments with regard to our operations in any media or forum.

5.3 Personal Data. By using the Platform, you are consenting to our collection, use, disclosure, transfer and sharing of your personal information, including, but not limited to, sharing such information with companies other than Boz as described in our Privacy Policy (available at https://hemingwayapp.com/privacy). Our Privacy Policy may be updated from time to time, so please review it regularly. If you do not accept the terms of our Privacy Policy, please discontinue use of the applicable portions of the Platform.

5.4 Feedback. By submitting ideas, suggestions, documents, proposals, products and/or technologies (“Feedback”) to us in any way, you acknowledge and agree that: (1) your Feedback does not contain confidential or proprietary information; (2) we are not under any obligation of confidentiality, express or implied, with respect to the Feedback; (3) we shall be entitled to disclose (or choose not to disclose) such Feedback for any purpose and in any way; (4) we may have something similar to the Feedback already under consideration or in development; (5) your Feedback which is not subject to a patent, automatically becomes our property without any obligation to you; and (6) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances.

6. TERMINATION

6.1 Right to Terminate. In addition to, and not in lieu of, any of our other rights set forth in these Terms, we reserve the right, with or without notice and in our sole discretion, to terminate these Terms or your ability to access the Platform for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms, or in the case of any activity by you that may harm Boz or other users, including, but not limited to, fraud, abuse of promotions or privileges or misuse of the Platform. You agree that we will not be liable to you or any third party for any such termination.

6.2 Effects of Termination. If we exercise our termination rights available under the Agreements, your ability and/or license, if applicable, to access and use our Platform shall immediately terminate and you must discontinue all use of the Platform affected by such termination.

6.3 Fraudulent Activity. If we suspect that you are engaging in any fraudulent, abusive or illegal activity, we may refer such matter to appropriate law enforcement authorities.

6.4 Survival. The provisions of these Terms which by their nature are intended to survive the termination or cancellation of these Terms shall continue as valid and enforceable obligations notwithstanding any such termination or cancellation. Without limiting the foregoing, the provisions of these Terms regarding indemnity and limitations of liability shall survive the termination or cancellation of these Terms.

7. USER AND THIRD PARTY CONTENT

7.1 User Content. Reliance on User Content is at your own risk. You acknowledge and agree that we are not responsible or liable for, nor do we endorse, any User Content that appears on the Platform.

7.2 Links to Third Party Websites. Our Platform may include links to other websites (e.g., sponsors’ and/or advertisers’ websites, links included in User Content, etc.) or services. You acknowledge and agree that we are not responsible for the availability of such external sites or resources and that we do not endorse and are not responsible or liable for any such linked sites or other information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, we make no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Your access to and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk.

8. YOUR LIABILITY

8.1 Agreement to Indemnify. YOU AGREE THAT YOU WILL ONLY USE THE PLATFORM IN ACCORDANCE WITH THE APPLICABLE AGREEMENTS. YOU WILL COMPENSATE US IN FULL FOR ANY LOSSES OR COSTS (INCLUDING REASONABLE ATTORNEY’S FEES) WHICH WE (OR ANY OF OUR SUBSIDIARIES OR AFFILIATED COMPANIES) INCUR ARISING FROM ANY BREACH BY YOU OF THE AGREEMENTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US, OUR SUBSIDIARIES AND AFFILIATES AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND OTHER PARTNERS (THE “RELEASED PARTIES”) HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY’S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE PLATFORM, YOUR CONNECTION TO THE PLATFORM, YOUR VIOLATION OF ANY OF THE AGREEMENTS OR YOUR VIOLATION OF ANY INTELLECTUAL PROPERTY RIGHTS OF ANY OTHER PERSON OR ENTITY.

8.2 Additional Remedies. The Released Parties reserve the right to seek all remedies available at law and in equity for violations of the applicable Agreements, including the right to block access from a particular Internet address to the Platform or report misuses to law enforcement.

9. DISCLAIMERS

9.1 Disclaimer of all Warranties.

(a) THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATING TO THE PLATFORM (INCLUDING, BUT NOT LIMITED TO, ANY SOFTWARE COMPRISING ANY PORTION OF THE PLATFORM), WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT THE PLATFORM WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS OR OTHER HARMFUL SOFTWARE OR HARDWARE.

(b) YOU HEREBY ACKNOWLEDGE THAT THE PLATFORM MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, BUT NOT LIMITED TO, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE PLATFORM AND/OR TELECOMMUNICATIONS INFRASTRUCTURE OR DISRUPTION, AND THEREFORE WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE OF THE PLATFORM CAUSED BY SUCH FACTORS.

(c) WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS OR OTHER DATA, INCLUDING WITHOUT LIMITATION, ANY USER CONTENT.

(d) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU.

9.2 Use of Platform at Your Sole Risk. YOUR ACCESS TO THE PLATFORM, DOWNLOAD OF ANY SOFTWARE RELATING TO THE PLATFORM AND USE OF ANY INFORMATION WE MAY PROVIDE IN CONNECTION WITH YOUR USE OF THE PLATFORM IS AT YOUR SOLE OPTION, DISCRETION AND RISK. WE SHALL NOT BE LIABLE FOR ANY MALFUNCTIONS OF THE COMPUTER PROGRAMS RELATING TO THE PLATFORM, BUGS OR VIRUSES RESULTING IN LOST DATA OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT, MOBILE PHONE OR MOBILE DEVICE OR SOFTWARE. FURTHERMORE, WE SHALL NOT BE LIABLE FOR ANY ATTEMPTS BY YOU TO USE THE PLATFORM BY METHODS, MEANS OR WAYS NOT INTENDED BY US. WE ARE NOT REQUIRED TO PROVIDE REDUNDANT OR BACKUP NETWORKS AND/OR SYSTEMS.

9.3 No Creation of Warranty. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN OBTAINED BY YOU FROM ANY OF THE RELEASED PARTIES THROUGH OR FROM THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

9.4 Third Party Statements. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED Boz SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS CONTAINED PROVIDED BY ANY THIRD PARTIES, AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE OR OPINIONS OF Boz.

10. LIMITATION OF LIABILITY

10.1 Maximum Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING ANYTHING ELSE IN THESE TERMS, OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO YOUR USE OF THE PLATFORM SHALL BE THE AMOUNT OF ONE HUNDRED U.S. DOLLARS (US $100.00).

10.2 No Liability for Incidental Damages. IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE PLATFORM.

10.3 Applicability of Limitations. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES OR JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

10.4 Notice to California Residents. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASED, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

11. DISPUTE RESOLUTION

‍PLEASE READ THIS ARBITRATION AGREEMENT (“ARBITRATION AGREEMENT”) CAREFULLY. IT IS PART OF THE AGREEMENTS AND AFFECTS YOUR RIGHTS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

11.1 Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by Boz that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

11.2 Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Boz should be sent to: 8018 Rosemont Parkway, Durham, NC 27713-8229. After the Notice is received, you and Boz may attempt to resolve the claim or dispute informally. If you and Boz do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

11.3 Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within one hundred (100) miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that Boz made to you prior to the initiation of arbitration, Boz will pay you the greater of the award or Two Thousand U.S. Dollars (US $2,500.00). Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

11.4 Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

11.5 Time Limits. If you or Boz pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

11.6 Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Boz, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Boz.

11.7 WAIVER OF JURY TRIAL. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES SHALL BE RESOLVED BY ARBITRATION UNDER THIS ARBITRATION AGREEMENT. ARBITRATION PROCEDURES ARE TYPICALLY MORE LIMITED, MORE EFFICIENT AND LESS COSTLY THAN RULES APPLICABLE IN A COURT AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT. IN THE EVENT ANY LITIGATION SHOULD ARISE BETWEEN YOU AND BOZ IN ANY STATE OR FEDERAL COURT IN A SUIT TO VACATE OR ENFORCE AN ARBITRATION AWARD OR OTHERWISE, YOU AND BOZ WAIVE ALL RIGHTS TO A JURY TRIAL, INSTEAD ELECTING THAT THE DISPUTE BE RESOLVED BY A JUDGE.

11.8 WAIVER OF CLASS OR CONSOLIDATED ACTIONS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE (1) CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

11.9 Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

11.10 Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

11.11 Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

11.12 Small Claims Court. Notwithstanding the foregoing, either you or Boz may bring an individual action in small claims court.

11.13 Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

11.14 Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

11.15 Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the state courts located within Raleigh, North Carolina and federal courts located in Raleigh, North Carolina for such purpose.

12. COPYRIGHT INFRINGEMENT CLAIMS

12.1 Copyright Policy. Boz respects the intellectual property rights of others. You must ensure that your User Content does not infringe any third party’s copyright. We will remove User Content and other materials on the Platform in accordance with the Digital Millennium Copyright Act (“DMCA”) upon receipt of proper notices that any User Content or other materials on the Platform infringe a third party’s copyright. Additionally, subject to Section 13.4 below, Boz will terminate your account if you are a repeat infringer.

12.2 Notice of Infringement. If you are a copyright owner or an agent thereof and believe that any user submission or other content on the Platform infringes upon your copyrights, you may submit a notification pursuant to the DMCA to the address provided below. Such notification must contain the following:

(a) physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;

(d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;

(e) 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

(f) 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.

Boz may disclose DMCA notice to affected users and third party databases that collect information about copyright takedown notices.

12.3 Counter Notifications. If your User Content is removed pursuant to a notice of copyright infringement and you want to challenge the removal, you must provide us a counter-notification to the address provided below. Such counter-notification must contain the following:

(a) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;

(b) a description of the material that was removed and where the material previously appeared on the Platform reasonably sufficient to permit us to identify the material;

(c) a statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;

(d) a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or, if you address is outside the United States, any judicial district in which Boz may be found (the United States District Court for the Eastern District of North Carolina) and that you will accept service of process from the person who provided the original DMCA notice or an agent of that person; and

(e) your physical or electronic signature.

Boz will forward any complete counter notification to the person who provided the initial DMCA notice. The copyright owner(s) may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that such a lawsuit has been filed within ten (10) business days after we provide notice of your counter notification, we may restore the removed materials. Until that time, your materials will remain removed.

12.4 Repeat Infringers. We will terminate your account if you receive three (3) DMCA takedown actions. A “DMCA takedown action” occurs each time your User Content or other materials are removed due to a DMCA notice. We may group multiple DMCA notices received in a short period of time as a single DMCA takedown action. We may remove a DMCA takedown action in appropriate circumstances, such as where: (1) the material is restored due to a DMCA counter notification; or (2) the party who provided the DMCA notice withdraws their complaint. The foregoing shall not limit Boz's other termination rights provided in these Agreement, including, but not limited to, terminating any account or other rights to access or use the Platform due to your repeated violation of the applicable Agreements.

13. SPECIAL TERMS FOR BOZ’S APP DISTRIBUTED THROUGH THE APPLE APP STORE

13.1 Acknowledgement. Boz’s application is available through the Apple App Store (“Boz App Apple Version”). You and Boz each acknowledge that these Terms and any other SaaS Terms imposed by Boz with respect to the Boz App Apple Version and any other agreements entered into between you and Boz in connection with the Boz App Apple Version (collectively, the “Boz App Apple Agreements”) are between you and Boz only, and not with Apple, and that Boz, not Apple, is solely responsible for the Boz App Apple Version and the content thereof. In the event the Boz App Apple Agreements provide usage rules for the Boz App Apple Version that are in conflict with the Apple Media Services SaaS Terms, the Apple Media Services SaaS Terms shall control with respect to the Boz App Apple Version.

13.2 Scope of License. In addition to the other terms set forth in the Boz App Apple Agreements, the license granted to You for the Boz App Apple Version is solely for use by you on any Apple-branded product that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services SaaS Terms.

13.3 Maintenance and Support. Boz is solely responsible for providing any maintenance and support services with respect to the Boz App Apple Version, as specified in the Boz App Apple Agreements or as required under applicable law. You and Boz acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Boz App Apple Version.

13.4 Warranty. Boz is solely responsible for any product warranties, whether express or implied by law, to the extent not disclaimed in the Boz Apple App Agreements. In the event of any failure of the Boz App Apple Version to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price for the Boz App Apple Version (if any) to you. Further, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Boz App Apple Version, and, subject to the limitations of liability set forth in the Boz App Apple Agreements, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform with any warranty will be Boz’s sole responsibility.

13.5 Product Claims. You and Boz acknowledge that Boz, not Apple, is responsible for addressing any claims that you or any third party have relating to the Boz App Apple Version or your possession and/or use of the Boz App Apple Version, including, but not limited to: (1) product liability claims; (2) any claim that the Boz App Apple Version fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection, privacy or similar legislation.

13.6 Intellectual Property Rights. You and Boz acknowledge that, in the event of any third party claim that the Boz App Apple Version or your possession and use of the Boz App Apple Version infringes that third party’s intellectual property rights, subject to the limitations of liability and indemnification obligations set forth in the Boz App Apple Agreements, Boz, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

13.7 Third Party Terms. You must comply with applicable third party terms when using the Boz App Apple Version.

13.8 Third Party Beneficiary. You and Boz acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries to these Terms as applicable to the Boz App Apple Version, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms (as applicable) against you as a third party beneficiary thereof.

14. ADDITIONAL TERMS

14.1 Governing Law. These Terms will be governed by the laws of the State of North Carolina, without giving effect to any principles of conflicts of laws.

14.2 Severability. If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the applicable Agreements shall continue in effect.

14.3 Waivers. Our failure to enforce any provision of the Agreements shall not be deemed a waiver of such provision nor of the right to enforce such provisions.

14.4 Admissibility of Terms. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

14.5 Assignment. We reserve the right to transfer, assign, sublicense or pledge any or all of the Agreements, in whole or in part, to any person without notice, provided that any such assignment will be on the same terms or terms that are no less advantageous to you. You may not assign, sublicense or otherwise transfer in any manner whatsoever any of your rights or obligations under these Terms.

14.6 Headings. The section headings and sub-headings contained in these Terms are for convenience only and have no legal or contractual effect.

14.7 Support. If you have any questions or concerns about the Platform or these Terms, please email us at legal@Hemingwayapp.com.