Limitless AI

" Parts of the Service provide a feature that allow you to record conversations and/or upload recorded conversations. We process such User Content, derived from such recorded conversations in accordance with our Privacy Policy. You are responsible for complying with all applicable laws when using the Services, including audio recording, or other privacy or data protection laws. You represent and warrant that you will (a) provide notice to, and obtain consent, as detailed in our Help Center article, from all individuals who you interact with or record using the Services, including to enable for us to process any collected data in accordance with these Terms; (b) not use the Service to recognize or identify the audio recordings or any voice data derived from such recordings of any bystanders who have not consented to the collection and processing of their audio data; and (c) not disable, obscure, or otherwise tamper with the Pendant's LED light, such as to conceal that the Pendant is recording. Protection, Privacy and License of User Content. Your User Content remains your property or the property of the third parties you licensed it from, and Limitless desires to prevent unauthorized uses or disclosures of such User Content. Limitless will endeavor to protect the privacy and security of your User Content in accordance with these Terms and our Privacy Policy referenced herein. Notwithstanding anything to the contrary herein, we reserve the right to access, use and/or disclose any User Content that is or becomes publicly available (through no fault of Limitless) or as required to comply with applicable law or lawful requests from governmental authorities, and Limitless shall not be liable with respect to any such access, use and/or disclosure. "

"You understand and agree that by using the Service, you authorize and consent to the access, collection, storage, modification, creation of derivatives, use and/or disclosure of User Content by Limitless, as described in these Terms, and in accordance with the Privacy Policy. Subject to the restrictions, protections and authorizations described in these Terms and the Privacy Policy, you agree that Limitless may use (including without limitation to store and process) your User Content to provide, operate, maintain, improve, modify and administer the Service and otherwise perform our obligations under these Terms. You and any of your applicable third party licensors, as applicable, retain any intellectual property rights in the User Content, subject to the foregoing rights, licenses and other authorizations."

" Provision and Collection of User Content. All data, information, communications, text, files, photographs, graphics, audio, video, messages and other materials or content, uploaded, submitted, posted or otherwise provided by or for you to the Service, or collected from you or your device (including our "Pendant" wearable device and your smartphone or tablet) or computer by the Service (collectively, "User Content" ), shall be subject to these Terms as provided herein. You hereby confirm, represent and warrant that (a) you have and will comply with all applicable laws, rules, regulations, and third party agreements with respect to your collection, provision and use of User Content in connection with your use of the Service and these Terms, including, but not limited to all laws related to the recording of communications with other parties; and (b) you have the full right and authority to, and have obtained all necessary authorizations, licenses and consents required for: (i) the provision of the User Content to, and the collection of the User Content by, the Service, (ii) the analysis, storage, processing and use of the User Content by and for the Service; (iii) Limitless to provide the Service and otherwise perform its obligations hereunder with or using the User Content; and (iv) the grant to Limitless of the rights in User Content expressly set forth in these Terms, without violating the intellectual property, privacy or other rights of any individuals or entities and without violating any applicable laws, rules or regulations. "

"Limitless reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Except as set forth in Section 13.5, Limitless will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service."

"We do not warrant that the Services can be used in any specific regulated field or sector (for example, healthcare, financial services, or education). You represent and warrant that you will not share User Content with us that (a) you know or reasonably should know is from or about children or minors or (b) includes or is based on, directly or otherwise, health information (including Protected Health Information ("PHI") as defined under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations), financial information, consumer report information, or other categories of sensitive information (including any information defined as sensitive under applicable laws, regulations and applicable industry guidelines)."

" Communications. We may send you emails concerning our products and services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in the promotional email itself. Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO: (a) use the Service for any illegal purpose or in violation of any local, state, national, or international law; (b) use the Service for any purpose not intended by us (as described in these Terms or other communications from Limitless); (c) use of the Service on a lost or stolen Pendant; (d) use the Service to record any individual without first providing notice and obtaining their consent, as detailed in our Help Center article; (e) use the Service to recognize or identify the audio recordings (or any voice data derived from such audio recordings) of any individuals who have not clearly consented in accordance with Section 7 of these Terms; (f) disable, obscure, lower the brightness of, or otherwise tamper with the Pendant LED light; (g) harass, threaten, demean, embarrass, bully, or otherwise harm any person; (h) violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right; (i) access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Limitless; (j) interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any"

"Limitless may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees."

"To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Limitless, its affiliates, and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Limitless Entities” ) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys' fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims."

"EXCEPT AS PROVIDED IN SECTIONS 17.5 AND 17.7 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE LIMITLESS ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO LIMITLESS FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM, AND (b) US$500."

"If you do not wish to resolve disputes by binding arbitration, you may opt-out of the provisions of this Section 17 within 30 days after the date that you agree to these Terms by sending a letter to Limitless AI, Attention: Legal Department - Arbitration Opt-Out, 2000 South Colorado Boulevard, Tower 1 Suite 222, Denver, CO 80222, United States, that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt-out of arbitration ( “Opt-Out Notice” )."

"good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Limitless may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing."

"YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND LIMITLESS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Exceptions. Despite the provisions of Section 17.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim. Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt-out of the provisions of this Section 17 within 30 days after the date that you agree to these Terms by sending a letter to Limitless AI, Attention: Legal Department - Arbitration Opt-Out, 2000 South Colorado Boulevard, Tower 1 Suite 222, Denver, CO 80222, United States, that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt-out of arbitration ( “Opt-Out Notice” ). Once Limitless receives your Opt-Out Notice, this Section 17 will be void, and any action arising out of these Terms will be resolved as set forth in Section 18.2. The remaining provisions of these Terms will not be affected by your Opt-Out Notice. "

"If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Limitless for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules."

"If you believe that your account is no longer secure, then you must immediately notify us at [email protected] . General Payment Terms. Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable (except as otherwise provided in Section 13.5). Price. Limitless reserves the right to determine pricing for the Service. Limitless will make reasonable efforts to keep pricing information published on the Service up to date. Limitless may change the fees for any feature of the Service, including additional fees or charges, if Limitless gives you advance notice of changes before they apply. Limitless, at its sole discretion, may make promotional offers with different features and different pricing to any of Limitless's customers. These promotional offers, unless made to you, will not apply to your offer or these Terms. Ordered Pendants. If you ordered a Pendant offered on the website, which differs from how it was described or pictured, your sole remedy is to return it in accordance with Limitless's Return Policy. If you ordered a Pendant and have not received it, we reserve the right to limit, modify, deny, or cancel all or part of your Order for any reason. The purchase of Pendants for the purpose of selling or reselling Pendants to third parties is strictly prohibited and not authorized by Limitless. "

" Modification of Terms. We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should discontinue your use of the Service. Except as expressly permitted in this Section 12, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms."

"Your account will be charged automatically on the Subscription Billing Date and periodically thereafter (in accordance with the billing frequency corresponding to the Subscription Service that you have activated) for all applicable fees and taxes for the next Subscription Period. You must cancel your Subscription Service five (5) days before it renews in order to avoid billing of the next periodic Subscription Fee to your account. Limitless or its third-party payment processor will bill the periodic Subscription Fee to the payment method associated with your account or you otherwise provide to us. You may cancel the Subscription Service by contacting us at [email protected] or by clicking here . Delinquent Accounts. Limitless may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees."

"Your Notification of Claimed Infringement may be shared by Limitless with the user alleged to have infringed a right you own or control, and you consent to Limitless making such disclosure. You should consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement. Repeat Infringers. Limitless's policy is to: (a) remove or disable access to material that Limitless believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Service; and (b) remove any User Content uploaded to the Service by repeat infringers. Limitless considers a “repeat infringer” to be any User that has posted User Content and for whom Limitless has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to such User Content./Limitless will terminate the accounts of users that are determined by Limitless to be repeat infringers. Limitless reserves the right, however, to suspend or terminate accounts of users in our sole discretion. Counter Notification. If you receive a notification from Limitless that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Limitless with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Limitless's Designated Agent through one of the methods identified in Section 11.2, and include substantially the following information: (a) your physical or electronic signature; (b) identification of the material that has been removed or to which access"

" Termination or Modification Refunds. If Limitless terminates these Terms for convenience, modifies a paid feature of the Service in a manner that materially and adversely affects the functionality of the paid feature, or terminates a paid feature of the Service Limitless will refund you any prepaid but unused Subscription Fee. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Limitless, its affiliates, and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Limitless Entities” ) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys' fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims."