Blaze

" Certain features and functionality of the Service may enable you to specify the level at which the Service restricts access to Your Content.  In such cases, you are solely responsible for applying the appropriate level of access to Your Content.  If you do not choose a level of access, the system may default to its most permissive setting.  You agree that Almanac retains the right to create reasonable limits on Almanac’s use and storage of Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Service and as otherwise determined by Almanac in its sole discretion."

" (II)          Effect of Cancellation.   If you cancel your Subscription, you may use your Subscription until the end of your then-current Subscription term; your Subscription will not be renewed after your then-current term expires.  However, you will not be eligible for a prorated refund of any portion of the Service Subscription Fee paid for the then-current Subscription period. "

"You may not use AI or Output (i) to develop foundation models or other large scale models that compete with Almanac or AI; (ii) to mislead any person that Output from the Services was solely human generated; (iii) to generate spam or content for dissemination in electoral campaigns, or (iv) in a manner that violates any technical documentation, usage guidelines, or parameters.  You will comply with all rules, laws and restrictions relating to the use of Output, including, without limitation, providing disclaimers with Output if it is utilized in the fields of medicine, finance, or law. ‍ WARRANTY DISCLAIMER. ALMANAC DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF AI OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH ALMANAC AI. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA OBTAINED THROUGH THE USE OF ANY AI FEATURE IS DONE AT YOUR SOLE RISK. YOU SHOULD NOT RELY ON FACTUAL ASSERTIONS IN OUTPUT WITHOUT INDEPENDENTLY FACT CHECKING THEIR ACCURACY. OUTPUT THAT APPEARS ACCURATE BECAUSE OF ITS DETAIL OF SPECIFICITY MAY STILL CONTAIN MATERIAL INACCURACIES. AI CANNOT DYNAMICALLY RETRIEVE INFORMATION, AND OUTPUT MAY NOT ACCOUNT FOR EVENTS OR CHANGES TO UNDERLYING FACTS OCCURRING AFTER THE AI MODEL WAS TRAINED. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALMANAC OR THROUGH AI SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. ‍ Service Level Terms Are Not Applicable. "

" 6.3        No guarantee . While attribution is an important part of Almanac’s business, it may not be possible or practical for Almanac to attribute Your Content to you in every instance.  You acknowledge and agree that Almanac in no way guarantees that it will attribute indicia of identity associated with you to any of User Content, and that any attribution of any Content on the Service is subject to Almanac’s sole discretion, except that you may request removal of any attribution pursuant to Section 6.2."

" 6.1        Attribution.   Attribution is an important part of Almanac’s business.  Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments, or any other area on the Service, you hereby expressly permit Almanac to use your username, name, likeness, position, title, company name, region, industry, trade names, trademarks, service marks, publicity rights, privacy rights, persona, performance, recordings, biographical information, profile (including your public LinkedIn profile and any profile hosted on your company’s website), and other indicia of identity associated with you, to identify you as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.   6.2        Attribution Removal .  If you no longer wish to have your name and/or likeness associated with any of Your Content, you may email us and request to be removed. Almanac will thereafter take commercially reasonable steps to remove your name or likeness from the Service promptly, but you acknowledge that any such removal may not be instantaneous or immediate.  In the event that you request removal, you agree that Almanac has the right to attribute any of Your Content by your position title, company name (unless your company has also requested removal), region, industry, or other business information, so long as that information is not particular enough to personally identify you solely. "

" 20.1           TCPA Consent. By providing us with a telephone number for a mobile device, including a number that you later convert to a mobile device number, you are expressly consenting to receiving communications—including but not limited to prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system—from us and our affiliates and agents at that number, about any product or services offered by Almanac. This express consent applies to each such telephone number that you provide to us now or in the future. Calls and messages may incur access fees from your mobile services provider. You understand that you need not provide this consent as a condition of obtaining goods or services from Almanac, and that you may decline to provide or revoke your consent at any time by emailing support@blaze.ai or by any other method that reasonably ensures we receive your revocation. 20.2          Call recording. By providing us with a telephone number, you agree that Almanac may record any telephone conversation with you (or any another individual) during any telephone call to or from that number for training purposes, whether or not the call was initiated by you, and whether or Almanac disclosed the fact that the call was recorded during the call. 20.3 SMS Communications. We operate a customer care SMS messaging program. Message frequency varies. Message and data rates may apply. Reply STOP to unsubscribe at any time. Reply HELP for help, or contact us at support@blaze.ai. Your use of this service is also subject to our Privacy Policy ."

" (B)          Upgrades and Downgrades.   If you choose to upgrade your Subscription in the middle of a Subscription period, such upgrade will take effect immediately and any incremental fees associated with such upgrade will be charged in accordance with this Agreement.  In any future Renewal Term, the fees will reflect any such upgrades.  If you choose to downgrade a Subscription, the downgrade will take effect as of the first day of the next Renewal Term.  Downgrading a Subscription may cause loss of content, features, or capacity of the Services as available, and Almanac does not accept any liability for such loss."

" 2.2         Registration Data.   In registering an account on the Service, you shall (i) provide true, accurate, current, and complete information about yourself as prompted by the registration form (the “Registration Data” ), and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. 2.3         Your Account.   Notwithstanding anything to the contrary herein, you acknowledge and agree that you have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and will forever be owned by and inure to the benefit of Almanac.  Furthermore, you are responsible for all activities that occur under your Account.  You shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Service by minors.  You may not share your Account or password with anyone, and you agree to notify Almanac immediately of any unauthorized use of your password or any other breach of security.  If you provide any information that is untrue, inaccurate, incomplete or not current, or Almanac has reasonable grounds to suspect that any information you provide is untrue, inaccurate, incomplete or not current, Almanac has the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof).  You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. "

" (A)           Automatic Renewal.   If you elect to purchase a Subscription, your Subscription will continue and automatically renew at Almanac’s then-current price for such Subscription until terminated in accordance with this Agreement.  The frequency at which your Subscription renews (i.e., monthly, annually, etc.) will be designated at the time at you sign up for the Subscription and may be modified by you via your Account settings.   By subscribing, you authorize Almanac to charge the payment method designated in your Account now, and again at the beginning of any subsequent Subscription period.  Upon renewal of your Subscription, if Almanac does not receive payment, (i) you shall pay all amounts due on your Account upon demand and/or (ii) you agree that Almanac may either terminate or suspend your Subscription and continue to attempt to charge your designated payment method until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new Subscription commitment period will begin as of the day payment was received)."

" 11.6          Free Trials and Promotional Access.  Any free trial or other promotion that provides users limited-time access to features and functionality of the Service that would otherwise require a paid Subscription must be used within the specified time of the trial.  At the end of the trial or promotional period, your use of that Service will automatically roll into a paid Subscription at our then-current Service Subscription Fees and you will be charged for such Subscription as set forth in Section 11.3 (Subscriptions) if you do not cancel prior to Subscription Service Commencement Date.  If you are inadvertently charged for a Subscription and provide us with written notice of the error, Almanac will have the charges reversed."

" 11.2          Payment.   You shall pay all fees or charges ( “Fees” ) to your Account in accordance with the fees, charges and billing terms in effect at the time a Fee is due and payable.  By providing Almanac and/or our Third-Party Service Provider with your payment information, you agree that Almanac and/or our Third-Party Service Provider is authorized to immediately invoice your Account for all Fees due and payable to Almanac hereunder and that no additional notice or consent is required.   You shall immediately notify Almanac of any change in your payment information to maintain its completeness and accuracy.  Almanac reserves the right at any time to change its prices and billing methods in its sole discretion.  You agree to have sufficient funds or credit available upon placement of any order to ensure that the purchase price is collectible by us.  Your failure to provide accurate payment information to Almanac and/or our Third-Party Service Provider or our inability to collect payment constitutes your material breach of this Agreement.  Except as set forth in this Agreement, all Fees for the Service are non-refundable. 11.3          Subscriptions .  If you purchase access to certain features and functionality of the Services on a time-limited basis (a “Subscription” ), the Fee for such Subscription ( “Service Subscription Fee” ) will be billed at the start of the Subscription ( “Subscription Service Commencement Date” ) and at regular intervals in accordance with your elections at the time of purchase. "

" Almanac reserves the right to change the timing of our billing.  Almanac reserves the right to change the Subscription pricing at any time in accordance with Section 20.6 (Agreement Updates).  If changes to the Subscription price occur that impact your Subscription, Almanac will use commercially reasonable efforts to notify you, such as by sending an email to the email address associated with your Account.  If you do not agree with such changes, you may cancel your Subscription as set forth in Section 11.3(a)(i) (Cancelling Subscriptions Purchased via Almanac). "

" (B)          YOU ACKNOWLEDGE AND AGREE THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN: (a) THE ACCURACY, SUFFICIENCY, AND USEFULNESS OF ANY RESULTS PROVIDED BY THE SERVICE IS DEPENDENT ON THE QUALITY OF YOUR CONTENT PROVIDED AND YOUR REVIEW AND VERIFICATION OF YOUR CONTENT, AND ALMANAC MAKES NO REPRESENTATION, WARRANTY, OR COVENANT WITH RESPECT TO THE ACCURACY OR EFFECTIVENESS OF THE SERVICE OR RESULTS OR CONTENT GENERATED THEREFROM, OR ANY DECISION OR ACTION TAKEN BY YOU AS A RESULT OF ANY OF THE FOREGOING; (b) ALMANAC IS NOT THE PROVIDER OF ANY THIRD PARTY TECHNOLOGY OR RESPONSIBLE FOR ANY THIRD PARTY TECHNOLOGY, AND ALMANAC HEREBY DISCLAIMS AND WILL HAVE NO LIABILITY HEREUNDER RESUTING FROM OR WITH RESPECT TO THE OPERATION, MAINTENANCE, FUNCTION, FAILURE, OR SECURITY OF ANY THIRD PARTY TECHNOLOGY OR ANY ACT OR OMISSION OF ANY PROVIDER OF ANY THIRD PARTY TECHNOLOGY."

" If Almanac believes that criminal activity has occurred, Almanac reserves the right to, except to the extent prohibited by applicable law, disclose any information or materials on or in the Service, including Your Content, in Almanac’s possession in connection with your use of the Service, to (i) comply with applicable laws, legal process or governmental request, (ii) enforce this Agreement, (iii) respond to any claims that Your Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property, or personal safety of Almanac, its users or the public, and all enforcement or other government officials, as Almanac in its sole discretion believes to be necessary or appropriate."

" by this Agreement, including but not limited to violating or attempting to violate any security features of the Service, introducing viruses, worms, or similar harmful code into the Service, or interfering or attempting to interfere with use of the Services by any other user, host, or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Service; or (ix) take any action or Make Available any Content on or through the Service that: (A) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (B) constitutes unauthorized or unsolicited advertising, junk or bulk email; or (C) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes without Almanac’s prior written consent.  Furthermore, Your Content in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter as determined by Almanac in its sole discretion.  You may not Make Available a photograph of another person without that person’s permission.  In addition, in using the Service or any of Your Content or other User Content, you shall not send any unsolicited or unauthorized communications, or otherwise violate the CAN-SPAM Act or any other anti-spam or similar law.  The rights granted to you in this Agreement are subject to your compliance with the restrictions set forth in this section.  Any unauthorized use of the Service terminates the licenses granted by Almanac pursuant to this Agreement."

"  15.2          Cap on Liability.   TO THE FULLEST EXTENT PERMITTED BY LAW, THE ALMANAC PARTIES SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (i) THE TOTAL AMOUNT PAID TO ALMANAC BY YOU DURING THE THREE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; OR (ii) $100.  THE FOREGOING CAP ON LIABILITY DOES NOT APPLY TO LIABILITY OF A ALMANAC PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A ALMANAC PARTY’S NEGLIGENCE; OR (B) ANY INJURY CAUSED BY A ALMANAC PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION. 15.3          User Content.   ALMANAC ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. 15.4          Exclusion of Damages.   CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. 15.5          Basis of the Bargain.   THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ALMANAC AND YOU."

" 12.          MONETIZATION FEATURES.  From time to time, our Service may provide monetization features, including features that enable eligible users to offer their templates or other Content to others through the Service in exchange for payments. Such monetization features, their usage, and the payment and receipt of such amounts will be governed by any applicable Supplemental Terms that we update or provide from time to time."

" ‍ These Artificial Intelligence Supplementary Terms (“ AI Terms ”) form a part of the Terms of Use and the Software-As-A-Service Terms and Conditions, as applicable, between you and Almanac, Inc. or Almanac, Inc. dba Blaze.ai (the “ Agreement ”). These AI Terms apply to your access and use of any AI feature(s) in the Services and, if applicable, your AI Add-On Subscription. Any capitalized terms used herein have the same meaning as in the Agreement. For the purposes of these AI Terms and where the Personal Use Terms of Service apply, any reference to Customer Data shall also mean User Content.  Almanac reserves the right to modify these terms at any time. ‍ “ AI ” means any feature(s) or functionality made available under the Agreement that utilize data models trained by machine learning. ‍ “ AI Writing Tools ” means the AI authorship and editing tools, including tools for generation of textual content through AI. ‍ Subscription Term and Subscriptions.  AI Add-On Subscriptions include the features and functionality as outlined on our Website and the Documentation for the applicable Subscription Plan. Unless otherwise indicated at the time of purchase or in an Order Form, the Subscription Term for an AI Add-on shall be coterminous with your primary Subscription to the Services, including any renewal Subscription Term. ‍ Your use of AI is subject to usage limitations. You acknowledge and agree that if you exceed the usage permitted by your Subscription and Subscription Plan: (i) you may be required to upgrade your Subscription Plan or purchase additional usage to continue accessing and using AI; and (ii) Almanac may disable or degrade performance of such AI features. "