Introduction
Next Net Media, LLC (“AiWritingPlus ”) provides an artificial intelligence content generation platform known as “AiWritingPlus ” (“Platform”). These AiWritingPlus Terms of Service (this “Agreement”) govern Customer’s access to and use of the Platform, the website https://AiWritingPlus.com/ and all of its sub-domains (“Site”), and all related technology or services provided or made available by AiWritingPlus via the Site (collectively, the “Services”). “Customer” means any person who accesses or uses the Services or any portion thereof. AiWritingPlus and Customer are each a “Party” and collectively the “Parties.”
PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONSTITUTES A LEGAL AGREEMENT BETWEEN CUSTOMER AND AIWRITINGPLUS . BY ACCESSING OR USING THE SERVICES, CUSTOMER CONFIRMS ITS AGREEMENT TO BE BOUND BY THIS AGREEMENT. IF CUSTOMER DOES NOT AGREE TO THIS AGREEMENT, CUSTOMER MAY NOT ACCESS OR USE THE SERVICES. THIS AGREEMENT EXPRESSLY SUPERSEDE PRIOR AGREEMENTS OR ARRANGEMENTS WITH CUSTOMER REGARDING THE USE OF THE SERVICES.
IMPORTANT: PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN CUSTOMER AND AIWRITINGPLUS CAN BE BROUGHT INCLUDING THE ARBITRATION AGREEMENT. PLEASE REVIEW THE ARBITRATION AGREEMENT BELOW CAREFULLY, AS IT REQUIRES CUSTOMER TO RESOLVE ALL DISPUTES WITH AIWRITINGPLUS ON AN INDIVIDUAL BASIS AND, WITH LIMITED EXCEPTIONS, THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING INTO THIS AGREEMENT, CUSTOMER EXPRESSLY ACKNOWLEDGES THAT CUSTOMER HAS READ AND UNDERSTANDS ALL OF THE TERMS OF THIS AGREEMENT AND HAS TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
AiWritingPlus’s collection and use of personal information in connection with the Services is described in AiWritingPlus’s Privacy Notice at https://AiWritingPlus.com/privacy-policy.
By agreeing to these AiWritingPlus Terms of Service and making use of the Services, Customer confirms Customer is at least 21 years of age, or is a legal parent or guardian of the person who will make use of the Services, and will provide accurate and complete information to AiWritingPlus . Customer may not use the Services for, in combination with, or by using any illegal products or services or for any illegal purpose. Customer is further restricted from using the Services for political, sexual, harmful, spam, or any other restricted Content has identified under “Content” below. Any breach of the terms contained within this Agreement will cause immediate termination of the Agreement and of Customer’s access to the Services.
Platform and Services
· Services. Subject to the terms and conditions of this Agreement, AiWritingPlus grants Customer a limited, nonexclusive, nonsublicensable, nontransferable, revocable right to access and use Services during the Term solely for Customer’s own personal or internal business purposes. AiWritingPlus will use commercially reasonable efforts to provide Customer with access to the Services via the Internet for use by Customer, subject to the terms and conditions of this Agreement. AiWritingPlus offers a Pro Plan, which, if purchased by Customer, provides Customer with unlimited credits, subject to reasonable use at AiWritingPlus’s sole discretion (“Fair Use Policy”).
· Customer Responsibilities. “Content” means all writings, content, social media posts, blog posts, marketing materials, information, data and works of authorship. “Customer Content” means all Content supplied by or on behalf of Customer for use on or distribution through the Services. “Customer Data” means the electronic information or data submitted or made available by or on behalf of the Customer that is received, processed or stored by AiWritingPlus or the Services. Customer handles access to the Services, Customer Content and Customer Data by other persons because of Customer’s failure to comply with the terms of this Agreement or use reasonable precautions to secure its own systems or credentials for access to the Services. Customer will prevent unauthorized access to or use of the Platform, and notify AiWritingPlus immediately of any such unauthorized access or use. Customer will be solely responsible for the collection, storage and processing of information and/or sensitive information by AiWritingPlus according to the customer’s instructions.
· Use Restrictions. Customer will not, directly or indirectly, through any third party: (i)use the Services for any purpose other than its own personal or business purposes; (ii) use or access the Services in violation of any applicable law, rule or regulation; (iii) sell, resell, license, lease, transfer, distribute, redistribute, assign, transmit, publish, display, disclose or otherwise commercially exploit or make available (collectively, “Distribute”) the Platform to any third party; (iv) Distribute libelous, defamatory, pornographic, obscene, invasive of privacy, publicity or intellectual property rights, abusing, inciting, harassing, threatening, unlawful, tortious, misleading, false Customer Content or Customer Data on, to or through the Services; (v) Distribute Customer Content or Customer Data on, to or through the Services that violate the rights of any party or infringes upon or misappropriate the patent, trademark, trade secret, copyright, or other intellectual property right of any party; (vi) Distribute malicious or harmful computer code on, to or through the Services; or (vii) duplicate or reverse engineer the Platform, in whole or in part. Use of the Services automatically violates the Fair Use Policy and will subject Customer’s account to suspension and/or termination.
· Upgrades and modifications. Customer agrees AiWritingPlus may remove, update, upgrade, enhance or change the Services or any functionality thereof, including the removal or modification of previously available functionality. All updates, upgrades, enhancements or modifications to the Services made available to Customer by AiWritingPlus will automatically be part of the Services and will be subject to the terms and conditions of this Agreement.
· Suspension. AiWritingPlus may suspend or interrupt the provision of the Services, in whole or in part immediately upon notice to Customer if AiWritingPlus determines that: (i) Customer are using or intend to use the Services in violation of this Agreement or in violation of any applicable law, rule or regulation; (ii) any computer system of Customer has been compromised or unlawfully accessed; (iii) suspension of the Services is necessary to protect the infrastructure of AiWritingPlus or its affiliates, the environment in which the Services is deployed, or AiWritingPlus’s other customers; (iv) suspension is required under law, rule or regulation; or (v) Customer has failed to pay Fees when due. All the aforementioned remedies are besides, and not instead of, other remedies available to AiWritingPlus .
CONTENT
· Customer’s Right to Create or Post Content. Customer is solely responsible for the Content generated by Customer using Services or by the Platform in connection with Customer’s use of the Services (“Output Content”), including its legality, reliability, appropriateness, or infringement on a third party’s intellectual property rights. AIWRITINGPLUS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE OUTPUT CONTENT. ALL OUTPUT CONTENT IS PROVIDED “AS-IS.” AIWRITINGPLUS DOES NOT REPRESENT OR WARRANT THAT THE OUTPUT CONTENT, OR ANY PORTION THEREOF, DOES NOT OR WILL NOT INFRINGE UPON OR MISAPPROPRIATE ANY RIGHT OF ANY PARTY.
· Customer Representations. Customer represents and warrants that: (i) the Customer owns the Customer Content or has a right to use the Customer Content and grant AiWritingPlus the rights to license and use the Customer Content as provided in this Agreement and (ii) Customer’s posting of Customer Content and Output Content on or through the Services does not violate the privacy rights, publicity rights, intellectual property rights, contract rights, or any other right of any party.
· Content Restrictions. AiWritingPlus is not responsible for Customer Content or Output Content. Customer agrees the Customer is solely responsible for the Customer Content and Output Content and all activity that is posted or occurs under Customer’s Platform account, whether done so by Customer or any third party using the account. Customer may not and shall not generate or transmit any content that is unlawful, offensive, upsetting, intended to disgust, threatening, defamatory, libelous, obscene, or otherwise objectionable. Examples of such content include, but are not limited to,:
· Content that is unlawful or promotes unlawful activity;
· automated article spinning and bot-like generation;
· defamatory, discriminatory, or mean-spirited, including references or commentary about religion, race, sexual orientation, gender, national origin, or other targeted groups;
· restricted verticals such as substance use, adult services, etc.;
· spam, including both machine or randomly generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
· containing or installing any viruses, worms, malware, Trojan horses, or other material or Content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or get unauthorized access to any data or other information of a third party;
· infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights;
· impersonating any person or entity, including the AiWritingPlus or its employees and representatives;
· giving the impression that AiWritingPlus or another person or entity endorses the content endorses, if that is not the case;
· Violating the privacy of any third person; and
· false information and features.
· Certain Content. AiWritingPlus does not permit the generation of sexual, religious or political content and hence Customer is strictly prohibited from generating any such Content. If even by mistake, Customer attempts to generate such Content, the Platform will give Customer an error message of “Unsafe Content” the first time and this is to be considered the final warning. If Customer attempts to generate such Content again, Customer’s rights to access and use the Services will be ended and Customer will be barred from using the Services again and no refunds will be issued.
e. Content Moderation. AiWritingPlus may, but is not obligated to, in its sole discretion determine whether any Content or use of app is appropriate and complies with this Agreement and may refuse to remove Content in AiWritingPlus ’s sole discretion. AiWritingPlus further reserves the right to make formatting or editing changes at its sole discretion. AiWritingPlus reserves the right to limit or revoke Customer’s use of Services if AiWritingPlus determines Customer violated any term of this Agreement. Customer acknowledges AiWritingPlus cannot control all Content posted by users and/or third parties on the Services and use of the Services is at Customer’s own risk; Customer may be exposed to offensive, indecent, incorrect or otherwise objectionable Content to which AiWritingPlus is not liable for, including errors or omissions in any Content, or any loss or damage of any kind incurred because of Customer’s use of any Content.
Fees and Payment
· Terms of Payment; Method. Customer shall pay to AiWritingPlus all fees set forth at the time of registration for the provision of Platform (“Fees”). Customer agrees that all payments of Fees are nonrefundable, except as set forth in this Agreement. If Customer has ordered the Services through AiWritingPlus’s Partner, the payment and billing terms of the Partner’s terms of use/terms of services shall prevail. “Partner” means the company which owns an online platform for software applications, plugins, and extensions where Services are made available for ordering or use.
· Late Payments. All late payments will bear interest at the lesser of the rate of 1.5% per month or the highest rate permissible under applicable law, calculated daily and compounded monthly.
· Taxes. Fees are exclusive of Taxes, and Customer will be solely responsible for the payment of all such Taxes (other than Taxes computed based on the net income of AiWritingPlus ).“Taxes” means all of: sales, use or privilege taxes, excise or similar taxes, value added taxes, import and export taxes, duties or assessments, shipping, handling, insurance, brokerage, and other related charges levied by any jurisdiction (including penalties and interest) and any costs associated with the collection and withholding of the foregoing items.
· Refund Policy. Since AiWritingPlus offers a free trial before any purchase, it will not process refunds for new plans or recurring payments, except where Customer has canceled its plan before being charged for a recurring payment. Customer must provide written proof that the customer had canceled prior to the recurring charge. If Customer is a yearly plan customer, Customer is eligible for a 50% refund if for cancelations within seven (7) calendar days of the initial purchase date and the account will remain active for six (6) consecutive months from the initial purchase date.
Termination
· Term; Renewal. This Agreement shall begin on the when you first access or use the Services and remain in full force and effect for the term set forth when the Customer signs up for the Platform (the “Initial Term”), unless earlier ended under this Agreement. Upon expiration of the Initial Term, this Agreement shall automatically renew for successive periods of time equal to the Initial Term (each a “Renewal Term”, together with the Initial Term, the “Term”), unless Customer provides the other Party written notice of nonrenewal no less than sixty (60) days prior to the expiration of the then-current term, AiWritingPlus determines at its sole discretion without notice to not renew the the Agreement or earlier ended under this Agreement.
· Termination for Breach. Either Party may terminate this Agreement if the other Party fails to cure any material breach of this Agreement within ten (10) days (or one (1) day if such breach is a breach by Customer of any payment obligation under this Agreement) after written notice of such breach.
· Immediate Termination. Either Party may terminate this Agreement immediately upon notice to the other Party if: (a) the other Party (i) is adjudged insolvent, (ii) institutes or has instituted against it any proceeding seeking relief, reorganization or arrangement under any laws relating to insolvency (and, with any such proceeding instituted against it, the proceeding is not dismissed within thirty (30) days after the filing), (iii) makes any assignment for the benefit of creditors, (iv) appoints a receiver, liquidator or trustee of any of its property assets, or (v) liquidates, dissolves or winds up its business; or (b) if any change occurs in any applicable laws or regulations that would, in that Party’s reasonable opinion, render the Party’s performance illegal. AiWritingPlus may terminate this Agreement or suspend Customer’s account immediately, without prior notice or liability, if AiWritingPlus determines or believes in good faith that Customer has violated any term of this Agreement.
· Effect of Termination. Upon expiration or termination of this Agreement: (i) all rights granted to Customer to access and use the Services shall terminate immediately; (ii) AiWritingPlus’s obligation to provide Services shall terminate immediately; (iii) each Party shall destroy all copies of the Confidential Information of the other Party on tangible media in such Party’s possession or control or return such copies to the other Party; (iv) Customer shall certify in writing to AiWritingPlus that it has satisfied all obligations in this section, and (v) Customer shall pay all Fees incurred as of termination or expiration. Customer agrees AiWritingPlus has no obligation to keep Customer Data or Customer Content after termination or expiration of this Agreement, and may delete such Customer Data and Customer Content thirty (30) days after termination or expiration of this Agreement.
Intellectual Property
· AiWritingPlus Materials. Except for the limited rights granted to Customer in this Agreement, AiWritingPlus keeps all right, title and interest (including all intellectual property rights) in and to the Services (including all updates, upgrades, enhancements or modifications to or of the Services), all AiWritingPlus information, software, text, displays, images, video, and audio included in or published or displayed via the Services, and the design, selection, and arrangement thereof, the solutions provided all software and technology underlying the Services, all AiWritingPlus documentation relating to the Services, all content or works of authorship created, licensed or provided by AiWritingPlus , and all Output Content (collectively, “AiWritingPlus Materials”). Title to and ownership of any AiWritingPlus Materials created by AiWritingPlus while providing Services shall be held only by AiWritingPlus , whether such AiWritingPlus Materials were requested by or on behalf of Customer or incorporate ideas, feedback or comments provided by or on behalf of Customer. Customer will not gain any rights in or to the AiWritingPlus Materials by implication, estoppel or otherwise. Customer irrevocably assigns to AiWritingPlus all rights, title and interest in and to the AiWritingPlus Materials.
· Customer Content and Customer Data. Customer grants AiWritingPlus a perpetual, irrevocable, fully paid, royalty-free, worldwide license to reproduce, create derivative works from, distribute, publicly display, publicly perform, use, make, have made, or otherwise dispose of, and import the Customer Content and Customer Data, with the right to sub-license every such right, for providing the Services and related services to Customer and for all purposes permitted in this Agreement or AiWritingPlus ’s privacy policy, as amended from time to time. Under no circumstances will AiWritingPlus sell personal data
· Output Content. AiWritingPlus grants Customer a limited, revocable, non-exclusive, non-transferrable, non-assignable, non-sub-licensable license to use, reproduce, and distribute the Output Content solely for Customer’s own personal or business purposes.
· Feedback. Customer grants AiWritingPlus a perpetual, irrevocable, worldwide license to use any Feedback (as defined below) Customer communicates to AiWritingPlus during the Term, without compensation, with no obligation to report on such use, and with no other restriction. AiWritingPlus ’s rights granted in the previous sentence include, without limitation, the right to exploit Feedback in any and every way, as well as the right to grant sub-licenses under copyright, and any other form of intellectual property. Notwithstanding anything to the contrary, in this Agreement, Feedback will not be considered Customer’s Confidential Information or its trade secret. “Feedback” refers to any suggestion or idea for modifying any of the Services or any of AiWritingPlus’s other technology, products or services.
· Site Restrictions. Customer must not reproduce, distribute, modify, or create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website, except:
· Customer’s computer may temporarily store copies of such materials in RAM incidental to Customer’s accessing and viewing those materials;
· Customer may store files that are automatically cached by Customer’s web browser for display enhancement purposes;
· If AiWritingPlus provides desktop, mobile, or other applications for download, Customer may download a single copy to Customer’s desktop or mobile device for personal or business purposes, provided Customer agrees to be bound by all end user license agreements for such applications; or
· If AiWritingPlus provides social media features with certain content, Customer may take such actions as enabled by such features.
Customer must not:
· Modify copies of any materials from the Site;
· Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or
· delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the site.
If Customer prints, copies, modifies, downloads, or otherwise uses or provides any other person with access to any part of the Site in breach of this Agreement, Customer’s right to use the Site will stop immediately and Customer must, at AiWritingPlus ’s option, return or destroy any copies of the materials Customer has made. No right, title, or interest in or to the Site or any content on the Site is transferred to Customer, and all rights not granted are reserved by the AiWritingPlus . Any use of the Website not permitted by this Agreement of Use is a breach of this Agreement of Use and may violate copyright, trademark, and other laws.
Confidentiality
· Confidential Information. From time to time during the Term, either Party (as the “Discloser”) may disclose or make available to the other Party (as the “Recipient”), non-public, proprietary, or confidential information of Discloser, including all usernames, passwords, or any other piece of information as part of AiWritingPlus’s security procedures (“Confidential Information”). Confidential Information does not include any information that: (i) is or becomes available to the public other than because of Recipient’s breach of this Confidentiality Section; (ii) is or becomes available to the Recipient on a non-confidential basis from a third-party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (iii) was in Recipient’s possession prior to Discloser’s disclosure; or (iv) was or is independently developed by the Recipient using no Confidential Information of the Discloser. The Recipient shall: (1) protect and safeguard the confidentiality of the Discloser’s Confidential Information with at least the same care as the Recipient would use to protect its own Confidential Information, but in no event with less than a reasonable care; (2) not use the Discloser’s Confidential Information, or allow it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under this Agreement; and (3) not disclose Discloser’s Confidential Information to any person or entity, except to the Recipient’s Group who need to know the Discloser’s Confidential Information to assist the Recipient, or act on its behalf, to exercise its rights or perform its obligations under this Agreement and who have agreed to confidentiality terms at least as restrictive as those set forth in this Confidentiality Section. If the Recipient is required by applicable law or legal process to disclose any Confidential Information of the Discloser, Recipient may disclose such portion of the Confidential Information required to be disclosed by applicable law or legal process if Recipient, prior to making such disclosure, uses reasonable efforts to notify Discloser of such requirements to afford Discloser the opportunity to seek, at Discloser’s sole cost and expense, a protective order or other remedy. “Recipient’s Group” means the Recipient’s employees, officers, directors, agents, independent contractors, subcontractors, attorneys, accountants, and financial advisors. Recipient will cause all members of its Recipient’s Group to comply with Recipient’s obligations under this Confidentiality Section. Recipient shall be responsible for any and all breaches of this Confidentiality Section by, or caused by, its Recipient’s Group.
Privacy and Data Collection
· Privacy and Data Collection besides the rights and licenses granted in the Intellectual Property Section (b), Customer grants to AiWritingPlus a nonexclusive, worldwide, royalty-free, irrevocable, perpetual right and license to (i) aggregate Customer Data and information or data that is derived by or through Customer’s use of the Services with other data to create Anonymous Aggregated Data; and (ii) use, reproduce, modify, distribute, display and create derivative works of Anonymous Aggregated Data. AiWritingPlus may use Anonymous Aggregated Data to benchmark, operate and improve the Services and other AiWritingPlus goods and services, and market AiWritingPlus products and services. “Anonymous Aggregated Data” means data that has been aggregated with other data and anonymized to exclude data that identifies any individual, company, or organization.
· Data Protection Addendum. Customer shall provide AiWritingPlus written notice before uploading, transmitting, making available or otherwise publishing on, to or through the Services any Customer Content or Customer Data that is subject to the General Data Protection Regulation (EU 2016/679). Upon AiWritingPlus’s request, Customer shall enter AiWritingPlus ’s then standard GDPR Data Protection Addendum.
Indemnification
Customer shall indemnify, defend, release and hold AiWritingPlus , its affiliates, and its and their respective directors, officers, employees, agents, successors and permitted assigns harmless from and against all claims, actions, causes of action, suits, proceedings, investigations, losses, damages, liabilities, settlements, awards, judgments, fines, fees, penalties, costs and expenses of any nature (including reasonable attorneys’ fees), in each case whether first-party or third-party, that arise from, result from, relate to, are based upon or allege: (i) Customer’s actual or alleged breach of this Agreement; (ii) Output Content, Customer Content or Customer Data, or any use or distribution thereof by or on behalf of AiWritingPlus or Customer; (iii) Customer’s actual or alleged negligence or more culpable conduct; or (iv) Customer’s actual or alleged violation of any law, rule or regulation or any right of any party. Customer shall not enter into any settlement or compromise in connection with any claim subject to indemnification under this Indemnification Section that requires AiWritingPlus or any other indemnified party under this Indemnification Section to admit wrongdoing or liability, make any payments, comply with any ongoing affirmative obligations or comply with any restrictive covenants.
Limitation of Liability
· Consequential Damages Disclaimer. IN NO EVENT SHALL AIWRITINGPLUS OR ITS AFFILIATES BE LIABLE TO THE OTHER PARTY, ITS AFFILIATES OR ANY THIRD PARTY FOR LOST PROFITS, LOSS OF DATA, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR INDIRECT DAMAGES OR COSTS (INCLUDING LEGAL FEES AND EXPENSES) IN CONNECTION WITH THE SUPPLY, USE OR PERFORMANCE OF, OR INABILITY TO USE, THE SERVICES, OR IN CONNECTION WITH ANY CLAIM ARISING FROM OR RELATED TO THIS AGREEMENT (INCLUDING BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE) AND WHETHER OR NOT SUCH PARTY SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS.
· Liability Cap. THE TOTAL CUMULATIVE LIABILITY OF AIWRITINGPLUS AND ITS AFFILIATES FOR ALL DAMAGES AND LIABILITIES ARISING UNDER ALL CLAIMS IN CONNECTION WITH OR RELATED TO THE SERVICES OR THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION (INCLUDING ACTIONS FOR BREACH OF CONTRACT, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, RESCISSION, MISREPRESENTATION AND BREACH OF WARRANTY) SHALL NOT IN THE AGGREGATE EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO AIWRITINGPLUS UNDER THIS AGREEMENT IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH CAUSED THE DAMAGE RELATING TO CUSTOMER’S FIRST CLAIM MADE UNDER THIS AGREEMENT. THE LIABILITY CAP SHALL APPLY EVEN IF AN EXCLUSIVE REMEDY OF CUSTOMER UNDER THIS AGREEMENT HAS FAILED OF ITS ESSENTIAL PURPOSE.
Warranty Disclaimer
· Customer. Customer represents and warrants that: (i) it is permitted to provide to AiWritingPlus the Customer Content and Customer Data for all purposes related to this Agreement; (ii) AiWritingPlus’s possession, reproduction, use or disclosure (separately and together) of the Customer Content or Customer Data under this Agreement will not infringe upon, misappropriate or violate any right of any third party or any federal, state, local or foreign law, rule, regulation, or statute; (iii) it has and will collect the Customer Data and Customer Content in compliance with all applicable laws, rules and regulations; (iv) it has and will get such consents as are required by applicable law, rule or regulation for AiWritingPlus to access and process the Customer Data and Customer Content as allowed in this Agreement and AiWritingPlus’s privacy policy; and (v) all Customer Data and Customer Content will be free from viruses and other harmful computer code.
· Warranty Disclaimer; No-Reliance. THE SERVICES AND ALL RELATED SERVICES AND OUTPUT CONTENT ARE PROVIDED “AS-IS” AND “AS-AVAILABLE.” AIWRITINGPLUS DOES NOT WARRANT THAT ITS SERVICES WILL FUNCTION FREE OF ANY INTERRUPTIONS, MISTAKES ERRORS PERFORMANCE ISSUES, DELAYS, OR SECURITY ISSUES. AIWRITINGPLUS DOES NOT WARRANT ANY RESULTS FROM THE USE OF ITS SERVICES, INCLUDING, BUT NOT LIMITED TO FUNCTIONALITY, COMPATIBILITY WITH CUSTOMER’S CURRENT WRITING TOOLS, OR ANY OTHER TYPE OF GUARANTEE. CUSTOMER’S USE OF THE SERVICES IS AT CUSTOMER’S OWN RISK; AIWRITINGPLUS IS NOT LIABLE FOR ANY NEGATIVE CONSEQUENCES CAUSED BY THE USE OF ITS SERVICES BY CUSTOMER , UNLESS OTHERWISE DETERMINED BY LAW. BEFORE USING THE SERVICES, CUSTOMER AGREES TO DETERMINE IF THE CONTENT BEING POSTED IS ORIGINAL AND DOES NOT INFRINGE A THIRD PARTIES’ INTELLECTUAL PROPERTY OR COPYRIGHT. CUSTOMER IS SOLELY RESPONSIBLE FOR ALL CONTENT PUBLISHED UNDER THEIR ACCOUNT. EXCEPT AS MAY BE EXPRESSLY SET FORTH IN THIS WARRANTY DISCLAIMER SECTION, THE SERVICES AND ALL SERVICES RELATED THERETO ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND AIWRITINGPLUS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, QUALITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE DISCLAIMED. CUSTOMER agrees THAT IN ENTERING THIS AGREEMENT IT HAS NOT RELIED AND IS NOT RELYING ON ANY REPRESENTATIONS, WARRANTIES OR OTHER STATEMENTS, WHETHER WRITTEN OR ORAL (FROM OR BY AIWRITINGPLUS OR ANY OF ITS AFFILIATES OR REPRESENTATIVES) OTHER THAN THOSE SET FORTH IN THIS AGREEMENT AND THAT IT WILL NOT HAVE ANY RIGHT OR REMEDY RISING OUT OF ANY REPRESENTATION, WARRANTY OR OTHER STATEMENT NOT SET FORTH IN THIS AGREEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR ELSEWHERE, ALL THIRD-PARTY MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD-PARTY MATERIALS (IF ANY) IS STRICTLY BETWEEN CUSTOMER AND THE THIRD-PARTY PROVIDER, OWNER OR DISTRIBUTOR OF THE THIRD-PARTY MATERIALS. AIWRITINGPLUS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES regarding THIRD-PARTY MATERIALS. “THIRD-PARTY MATERIALS” MEANS ALL GOODS, SERVICES, TECHNOLOGY, MATERIALS OR INFORMATION, IN ANY FORM OR MEDIUM, INCLUDING ANY OPEN-SOURCE OR OTHER SOFTWARE, DOCUMENTS, DATA, CONTENT, SPECIFICATIONS, PRODUCTS, EQUIPMENT, OR COMPONENTS, OF OR RELATING TO THE SERVICES THAT ARE NOT PROPRIETARY TO AIWRITINGPLUS .
Changes to these Terms
AiWritingPlus may amend this Agreement from time to time by posting an amended version at its website and sending Customer written notice thereof. Such amendment will be deemed accepted and become effective 30 days after such notice (the “Proposed Amendment Date”) unless Customer first gives AiWritingPlus written notice of rejection of the amendment. In case of such rejection, this Agreement will continue under its original provisions, and the amendment will become effective at the start of Customer’s next Renewal Term following the Proposed Amendment Date. Customers continued use of the Services following the effective date of an amendment will confirm Customer’s consent thereto. This Agreement may not be amended in any other way except through a written agreement by allowed representatives of each Party. Customer recognizes and agrees that AiWritingPlus may revise its privacy policy and Fair Use Policy in its sole discretion, with or without following the procedures of this section.
Links to other websites
Services may contain links to third-party websites or services that are not owned or controlled by AiWritingPlus . AiWritingPlus has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. AiWritingPlus does not warrant the offerings of these entities/individuals or their websites. Customer agrees that AiWritingPlus shall not be responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. AiWritingPlus strongly advises the customer to read the terms of services and privacy policies of any third-party websites or services that customer visits.
DMCA Notice and Procedure for Copyright Infringement Claims
Customer may submit a notification under the Digital Millennium Copyright Act (DMCA) by providing AiWritingPlus ’s copyright agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
· an electronic or physical signature of the person allowed to act on behalf of the owner of the copyright’s interest;
· a description of the copyrighted work that Customer claims has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
· identification of the URL or other specific location on the Services where the material that customer claims is infringing is located;
· Customer’s address, telephone number, and email address;
· a statement by Customer that Customer has a good faith belief that the disputed use is not allowed by the copyright owner, its agent, or the law;
· a statement by the Customer, made under penalty of perjury, that the above information in Customer’s notice is accurate and that Customer is the copyright owner or allowed to act on the copyright owner’s behalf.
Miscellaneous
This Agreement: (a) is governed by, and will be interpreted, construed and enforced under, the laws of the State of Florida without giving effect to Florida’s conflict of laws rules; (b) is binding upon, and will inure to the benefit of, the Parties and their respective successors and permitted assigns; and (c) constitutes the sole and entire agreement of the Parties regarding the subject and supersedes all prior and contemporaneous written or oral negotiations, understandings, agreements, representations, and warranties regarding the subject. All waivers must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion shall not be deemed a waiver of any other provision or of such provision on any other occasion. Customer may not, directly or indirectly, assign, transfer, or delegate any of or all of its rights or obligations under this Agreement (whether by operation of law, merger or otherwise), without the prior written consent of AiWritingPlus . Any purported assignment or delegation in violation of this Miscellaneous Section shall be void. Subject to the Arbitration Agreement, each Party expressly consents to the exclusive jurisdiction of the federal, state and local courts serving Miami, Florida to govern all disputes arising out of or relating to this Agreement. Notwithstanding the foregoing, subject to the Arbitration Agreement, either Party may seek injunctive relief against the other Party from any other judicial or administrative authority pending the resolution of such dispute. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY KNOWINGLY, VOLUNTARILY, IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY regarding ANY DISPUTE, CONTROVERSY, CLAIM OR LEGAL ACTION ARISING OUT OF, OR RELATING TO, THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining portions or affecting the validity or enforceability of such provision in any other jurisdiction. If any legal action is brought to enforce this agreement, the prevailing party may receive its reasonable attorneys’ fees, court costs, and other collection expenses. There are no third-party beneficiaries to or under this agreement. All references to and mentions of the words “including”, “include” or “includes” shall be deemed to be followed by “without limitation.” “Or” is not exclusive. All provisions which should survive such termination or expiration shall survive termination or expiration, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and miscellaneous provisions. AiWritingPlus shall not be liable for failure or delay in performing its obligations under this Agreement if such failure results from any event outside of the reasonable control of AiWritingPlus . Except for exclusive remedies set forth in this Agreement (if any) , each Party’s rights and remedies under this Agreement are cumulative.
Arbitration Agreement
This Arbitration Agreement section is the “Arbitration Agreement.”
By agreeing to this Agreement, Customer agrees Customer is required to resolve any claim that Customer may have against AiWritingPlus individually in arbitration as set forth in this Arbitration Agreement, and not as a class, collective, coordinated, consolidated, mass and/or representative action. This Arbitration Agreement will prevent Customer from bringing any class, collective, coordinated, consolidated, mass and/or representative action against AiWritingPlus , and also prevent Customer from participating in or recovering relief in any current or future class, collective, coordinated, consolidated, mass and/or representative action brought against AiWritingPlus by someone else. Thus, the Parties agree the Arbitrator shall not conduct any form of class, collective, coordinated, consolidated, mass and/or representative arbitration, nor join, coordinate, or merge claims of multiple individuals against AiWritingPlus in a single proceeding. To avoid doubt, this Arbitration Agreement prevents Customer from bringing or taking part in any kind of class, collective, coordinated, consolidated, mass and/or representative or other kind of group, multi-plaintiff or joint action against AiWritingPlus , other than participating in a classwide, collective, coordinated, consolidated, mass and/or representative settlement of claims.
(a) Agreement to Binding Arbitration Between Customer and AiWritingPlus .
(1) Covered Disputes: Except as provided below in this Arbitration Agreement, Customer and AiWritingPlus agree that any dispute, claim, or controversy in any way arising out of or relating to (i) this Agreement and prior versions of this Agreement, or the existence, breach, termination, enforcement, interpretation, scope, waiver, or validity thereof; (ii) Customer’s access to or use of the Services; (iii) incidents or accidents resulting in personal injury to Customer or anyone else that Customer alleges occurred in connection with Customer’s use of the Services, regardless whether the dispute, claim, or controversy occurred or accrued before or after the date Customer agreed to this Agreement, and regardless whether Customer alleges that the personal injury was experienced by Customer or anyone else; and (iv) Customer’s relationship with AiWritingPlus , will be settled by binding individual arbitration between Customer and AiWritingPlus , and not in a court of law. This Arbitration Agreement survives after Customer’s relationship with AiWritingPlus ends.
(2) Class Action Waiver: Customer agrees that all disputes, claims, or controversies between the Parties shall be resolved only in individual arbitration. The Parties expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a class, collective, coordinated, consolidated, and/or representative action, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any class, collective, coordinated, consolidated, and/or representative action, or to award relief to anyone but the individual in arbitration. The Parties also expressly waive the right to seek, recover, or get any non-individual relief. Notwithstanding anything else in this agreement, this Class Action Waiver does not prevent Customer or AiWritingPlus from participating in a classwide, collective, and/or representative settlement of claims.
The Parties further agree that if for any reason a claim does not proceed in arbitration, this Class Action Waiver shall remain in effect, and a court may not preside over any action joining, coordinating, or merging the claims of multiple individuals against AiWritingPlus in a single proceeding, except that this Class Action Waiver shall not prevent Customer or AiWritingPlus from participating in a classwide, collective, and/or representative settlement of claims. If there is a final judicial determination that any portion of this Class Action Waiver is unenforceable or unlawful for any reason, (i) any class, collective, coordinated, consolidated, and/or representative claims subject to the unenforceable or unlawful portion(s) shall proceed in a court of competent jurisdiction; (ii) the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration; (iii) the unenforceable or unlawful portion(s) shall be severed from this Arbitration Agreement; and (iv) severance of the unenforceable or unlawful portion(s) shall have no impact on the enforceability, applicability, or validity of the Arbitration Agreement or the arbitrable of any remaining claims asserted by Customer or AiWritingPlus .
(3) Delegation Clause: Only an arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including without limitation any claim that all or any part of this Arbitration Agreement is void or voidable. An arbitrator shall also have exclusive authority to resolve all threshold arbitrable issues, including issues relating to whether this Agreement apply, unconscionable, or illusory and any defense to arbitration, including without limitation waiver, delay, laches, or estoppel. However, only a court of competent jurisdiction, and not an arbitrator, shall have the exclusive authority to resolve all disputes arising out of or relating to the Class Action Waiver, including, but not limited to, any claim that all or part of the Class Action Waiver is unenforceable, unconscionable, illegal, void, or voidable.
(4) Application to Third Parties: This Arbitration Agreement shall be binding upon, and shall include any claims brought by or against any third parties, including but not limited to Customer’s spouses, heirs, third-party beneficiaries and assigns, where their underlying claims arise out of or relate to Customer’s use of the Services. If any third-party beneficiary to this agreement brings claims against the Parties, those claims shall also be subject to this Arbitration Agreement.
(b) Exceptions to Arbitration.
Notwithstanding the foregoing, this Arbitration Agreement shall not require arbitration of the following claims: (i) individual claims brought in small claims court so long as the matter remains in such court and advances only individually; and/or (ii) injunctive or other fair relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
Such claims may be brought and litigated in a court of competent jurisdiction by the customer individually only. Individually means that Customer cannot bring such claims as a class, collective, coordinated, consolidated, mass and/or representative action against AiWritingPlus . To avoid doubt, this prevents Customer from bringing claims as or taking part in any kind of any class, collective, coordinated, consolidated, mass and/or representative or other kind of group, multi-plaintiff or joint action against AiWritingPlus and no action brought by Customer may be merged or joined with any other proceeding. Where Customer’s claims are brought and litigated to completion on such an individual basis in a court of competent jurisdiction, AiWritingPlus agrees to honor Customer’s election.
The Parties’ agreement not to require arbitration in these limited instances does not waive the enforceability of this Arbitration Agreement as to any other, or the enforceability of this Arbitration Agreement as to any other controversy, claim, or dispute.
(c) Rules and Governing Law.
The Parties shall be required to meet and confer to select a neutral arbitration provider. Such an arbitration provider shall have operations in Florida. If the Parties are unable to mutually agree upon an arbitration provider, then either Party may invoke 9 U.S.C. § 5 to request that a court of competent jurisdiction appoint an arbitration provided with operations in Florida. Any arbitration provider appointed by a court under 9 U.S.C. § 5 shall conduct arbitration solely on an individualized basis as set forth in this Arbitration Agreement. Once the Parties mutually agree upon a neutral arbitration provider, or an arbitrator provider is appointed under 9 U.S.C. § 5, the ensuing arbitration shall begin under the rules of the designated arbitration provider, except as designated. Once an arbitration provider is agreed upon or appointed, an Arbitrator shall be appointed. The Arbitrator will be (1) a retired judge or (2) an attorney licensed to practice law in Florida with experience in the law underlying the dispute. The Arbitrator will be selected by the Parties from the applicable arbitration provider’s roster of arbitrators. If the Parties cannot agree upon an Arbitrator after a good faith meet and confer effort, then the applicable arbitration provider will appoint the Arbitrator under its rules.
Notwithstanding any choice of law or other provision in this Agreement, the Parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the Parties to be bound by the FAA for all purposes, including, but not limited to, interpretation, implementation, enforcement, and administration of this Arbitration Agreement, and that the FAA and the applicable arbitration provider’s rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and applicable arbitration provider’s rules are found to not apply to any issue regarding the interpretation or enforcement of this Arbitration Agreement, then that issue shall be resolved under the laws of Florida.
(d) Process.
Pre-Arbitration Dispute Resolution and Notification. The Parties agree that good-faith informal efforts to resolve disputes often can cause a prompt, low-cost, and mutually beneficial outcome. The Parties therefore agree that, before either Party demands arbitration against the other, we will meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this Arbitration Agreement. Multiple individuals starting claims cannot take part in the same informal telephonic dispute resolution conference. If Customer is represented by counsel, Customer’s counsel may take part in the conference, but Customer shall also fully take part in the conference. The Party starting the claim must give notice to the other Party in writing of their intent to start an informal dispute resolution conference, which shall occur within 60 days after the other Party receives such notice, unless an extension is mutually agreed upon by the Parties. To notify AiWritingPlus that Customer intends to start an informal dispute resolution conference, write to AiWritingPlus , providing Customer’s name, the telephone number(s) associated with Customer’s AiWritingPlus account (if any), the email address(es) associated with Customer’s AiWritingPlus account, and a description of Customer’s claim. Engaging in an informal dispute resolution conference is a condition precedent that must be fulfilled before commencing arbitration, and the Arbitrator shall dismiss any arbitration demand filed before completion of an informal dispute resolution conference. The statute of limitations and any filing fee deadlines shall be tolled while the Parties engage in the informal dispute resolution process required by this paragraph.
Starting Arbitration. In order to start arbitration following the conclusion of the informal dispute resolution process required by this Arbitration Agreement, a Party must provide the other Party with a written demand for arbitration and file the demand with the applicable arbitration provider, as determined by this Arbitration Agreement. A Party starting an arbitration against AiWritingPlus must send the written demand for arbitration to AiWritingPlus , or serve the Demand on AiWritingPlus’s registered agent for service of process. A Party starting arbitration against AiWritingPlus must send an electronic version of the demand for arbitration to the Arbitration Provider, and must send an electronic version of the as-filed demand to AiWritingPlus .
By signing the demand for arbitration, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that (i) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims and other legal contentions are warranted by existing law or by a non-frivolous argument for extending, changing, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will probably have evidentiary support after a reasonable opportunity for further investigation or discovery. The Arbitrator shall be allowed to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law for either Party’s violation of this requirement.
(e) Sanctions Compliance.
Exports, re-exports, and transfers of the Services, including technology, software (including source code), commodities, technical data, related technology, and the direct products thereof, including the Website and the Services (are subject to U.S. export and sanctions laws and regulations, including those administered by the Commerce Department’s Bureau of Industry and Security under its Export Administration Regulations, the Treasury Department’s Office of Foreign Assets Control under its economic sanctions regulations, and other applicable export and sanctions laws, restrictions and regulations of any U.S. and non-U.S. government agencies or authority (“Applicable Export Laws”). You may not access, download, distribute, use, export, re-export, release, or otherwise transfer the Services in violation of any Applicable Export Laws. You agree to comply with all Applicable Export Laws and not to directly or indirectly provide or otherwise make available the Services in violation of any such Applicable Export Laws, or without all necessary approvals, including, without limitation, for the development, design, manufacture, or production of nuclear, chemical, or biological weapons of mass destruction nor will you use the Services for a military end-use or a military end-user in China, Russia or Venezuela. The Services may not be used or otherwise provided or made available, either directly or indirectly, in Cuba, Iran, North Korea, Syria, Crimea region of Ukraine, Luhansk region of Ukraine, Donetsk region of Ukraine, or any other country or territory subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Denial Orders. By agreeing to this Agreement, you agree to the foregoing and represent and warrant that you are not in, under the control of, or a national or resident of any such country or on any such list and that you will not make available the Services to anyone whose status is described in items or (ii) above.
(f) Location.
Unless Customer and AiWritingPlus otherwise agree, the arbitration will be conducted in Miami, Florida. Customer’s right to a hearing will be determined by the applicable arbitration provider’s rules. Subject to the applicable arbitration provider’s rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the Parties, consistent with the expedited nature of the arbitration.
(g) Offers of Judgment.
At least 10 days before the date set for the arbitration hearing, any Party may serve an offer in writing upon the other Party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitrator, who shall enter judgment accordingly. If the offer is not accepted prior to the arbitration hearing or within 30 days after it is made, whichever occurs first, it shall be deemed withdrawn, and cannot be given in evidence upon the arbitration. If an offer made by one Party is not accepted by the other Party, and the other Party fails to obtain a more favorable award, the other Party shall not recover their post-offer costs and shall pay the offering Party’s costs from the time of the offer.
(h) Arbitrator’s Decision.
The Arbitrator will render an award within the time frame specified in the applicable arbitration provider’s rules. Judgment on the arbitration award may be entered any court of competent jurisdiction. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all Parties.
The Arbitrator is not bound by decisions reached in separate arbitrations, and the Arbitrator’s decision shall bound only upon the Parties to the arbitration that are the subject of the decision.
The Arbitrator shall award reasonable costs incurred in the arbitration to the prevailing Party under the law(s) of the state in which arbitration is held.
(i) Fees.
Except for the provisions governing payment of arbitration costs set forth above, Customer’s responsibility to pay any filing, administrative, and arbitrator fees will be solely as set forth in the applicable arbitration provider’s rules and shall be up to the amount Customer would be required to pay if Customer filed a claim in court.
If the customer has a gross monthly income of less than 300% of the federal poverty guidelines, Customer is entitled to a waiver of arbitration fees and costs, exclusive of arbitrator fees. If Customer believes Customer meets the requirements to get a fee waiver, and Customer’s demand for arbitration arises outside of California, then Customer may request a fee waiver only by submitting to the arbitration provider AO 240, Application to Proceed in District Court Without Prepaying Fees or Costs (found here), or a declaration under oath containing all the information required by AO 240; if Customer’s demand for arbitration arises in California, then Customer must submit a declaration under oath providing Customer’s monthly income and the number of persons in Customer’s household.
All disputes regarding a Party’s obligation to pay any arbitration fees or costs that arise after an arbitrator is appointed shall be determined solely by the arbitrator. If such a dispute arises before an arbitrator has been appointed, the Parties agree that (i) the due date for any disputed fees shall be stayed pending resolution of the Parties’ dispute, (ii) a panel of three arbitrators shall be appointed to resolve the Parties’ dispute concerning a Party’s obligation to pay fees or costs of arbitration, (iii) the panel of arbitrators shall be appointed by each Party selecting one arbitrator from the arbitration provider’s roster to serve as neutral arbitrators, and these arbitrators shall appoint a third neutral arbitrator. If the Parties’ arbitrators cannot agree on a third arbitrator, the arbitration administrator will select the third arbitrator, (iv) AiWritingPlus shall pay any administrative fees or costs incidental to the appointment of a panel of arbitrators under this provision, as well as any fees or costs that would not be incurred in a court proceeding, such as payment of the fees of the arbitrator(s), as well as room rental, and (v) the arbitrator(s) shall issue a written decision with findings of fact and conclusions of law. If two or more fee disputes between a claimant and AiWritingPlus arise at or around the same time, the disputes may be merged for resolution by a single arbitrator or panel of arbitrators either at the agreement of the Parties or the election of the Party common to all such disputes.
(j) Severability and Survival.If any portion of this Arbitration Agreement is unenforceable or unlawful for any reason, (i) the unenforceable or unlawful provision shall be severed from this Agreement; (ii) severance of the unenforceable or unlawful provision shall have no impact on the rest of the Arbitration Agreement or the Parties’ ability to compel arbitration of any remaining claims individually under the Arbitration Agreement; and (iii) if any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the Parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration
