Terms of Service
Version
1.0
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Sep 6, 2023
Superfilter ("Superfilter," "we," "us," "our") provides services (described below) to you through its website located at https://superfilter.ai (the "Site") and through its related services (collectively, such services, including any new features and applications, and the Site, the "Service(s)"), subject to the following Terms of Service (as amended from time to time, the "Terms of Service").
Please read these Terms of Service carefully, as they contain an agreement to arbitrate and other important information regarding your legal rights, remedies, and obligations. The agreement to arbitrate requires (with limited exception) that you submit claims you have against us to binding and final arbitration, and further 1) you will only be permitted to pursue claims against Superfilter on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, 2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis, and 3) you may not be able to have any claims you have against us resolved by a jury or in a court of law.
Access and Use of the Service
Services Description: The Service is designed to integrate with your email account to provide additional features and an improved user interface for managing emails.
Modifications to Service: Superfilter reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Superfilter will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that Superfilter may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Superfilter's servers on your behalf. You acknowledge that Superfilter reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Superfilter reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Conditions of Use
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, or other materials ("content") that you upload, post, publish, or display (hereinafter, "upload") or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Superfilter. Superfilter reserves the right to investigate and take appropriate legal action against anyone who, in Superfilter's sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators, and reporting you to law enforcement authorities. You agree not to use the Service to:
(List of prohibited activities a. to i.)
Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Fees: To the extent the Service or any portion thereof is made available for any fee, you may be required to select a payment plan and provide Superfilter information regarding your credit card or other payment instrument. You represent and warrant to Superfilter that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with Superfilter regarding any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Superfilter the amount specified in the payment plan in accordance with the terms of such plan and these Terms of Service. If your payment plan includes an ongoing subscription that is automatically renewed, you hereby authorize Superfilter to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges, you must let Superfilter know within sixty (60) days after the date that Superfilter bills you. We reserve the right to change Superfilter's prices. If Superfilter changes prices, we will provide notice of the change on the Service or in email to you, at Superfilter's option, at least thirty (30) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You will be responsible for all taxes associated with the Services other than taxes based on Superfilter’s net income.
Payment Processing: Superfilter does not process payments directly. For payment services, we use third-party payment processors. The payment processing services are subject to the terms and conditions of these payment processors. By agreeing to these Terms of Service and using payment services, you agree to be bound by these third-party terms, as they may be modified from time to time. Superfilter assumes no liability or responsibility for any payments processed or submitted through the Service.
Refunds and Cancellations: Payments made to Superfilter are generally final and non-refundable, unless otherwise determined by Superfilter at its sole discretion. Subscription cancellations can be made through the account management interface within the Service. Upon cancellation, you will continue to have access to the Service through the end of your billing period.
Third Party Distribution Channels
Superfilter may offer applications through various third-party distribution channels such as app stores. Your use of such applications may be subject to additional terms provided by these third-party channels. These Terms of Service govern only your relationship with Superfilter and not any third-party channel.
Intellectual Property Rights
Service Content, Software, and Trademarks: The Service may contain content or features protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Superfilter, you agree not to modify, copy, frame, rent, lease, sell, distribute, or create derivative works based on the Service, in whole or in part. The technology and software underlying the Service are the property of Superfilter and our partners. You agree not to copy, modify, or create derivative works of the Software, sell, or transfer any rights in the Software. All rights not expressly granted herein are reserved by Superfilter.
The Superfilter name and logos are trademarks of Superfilter. Other company, product, and service names and logos used in the Service may be trademarks of their respective owners. Nothing in these Terms of Service grants you a right to use any Superfilter trademarks without our prior written permission.
User Content Transmitted Through the Service: In relation to any content or materials you upload through the Service or share with other users or recipients (collectively, "User Content"), you assert and guarantee that you possess all rights, title, and interest in such User Content, including, but not limited to, all copyrights and publicity rights contained therein. When you transmit any User Content through the Service, you grant Superfilter and its affiliated companies a license to perform necessary actions to deliver this User Content to the intended recipients. To understand how you can request the deletion of your information from our service, please refer to our Privacy Policy.
You acknowledge and agree that Superfilter may preserve content and may also disclose content if legally required or in the genuine belief that such preservation or disclosure is reasonably necessary for: (a) compliance with legal processes, applicable laws, or government requests; (b) enforcement of these Terms of Service; (c) addressing claims that any content infringes the rights of third parties; or (d) safeguarding the rights, property, or personal safety of Superfilter, its users, and the public. You recognize that the technical processing and transmission of the Service, including your content, may require (a) transmissions over various networks; and (b) changes to comply and adapt to the technical requirements of connecting networks or devices.
Third-Party Login Services
You may have the option to enable or log in to the Service via various online third-party services. By integrating these third-party services into the Service, Superfilter aims to enhance and personalize your online experience. However, remember that your use of these third-party services is governed by their respective terms and policies, which you agree to adhere to.
Indemnity and Release
You agree to release, indemnify, and hold Superfilter and its affiliates, along with their officers, employees, directors, and agents (collectively, "Indemnitees") harmless from any and all losses, damages, expenses (including reasonable attorneys' fees), claims, actions, and any kind of injury (including death) arising from or related to your use of the Service, any User Content you provide, your connection to the Service, your breach of these Terms of Service, or your violation of the rights of another party. Despite the above, you are not required to indemnify or hold harmless any Indemnitee for any liability or damages arising from their own actions or inactions. If you are a California resident, you waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Residents of other jurisdictions waive any comparable laws or doctrines.
Disclaimer of Warranties
You acknowledge that the Service provided by Superfilter is on an "as is" and "as available" basis. Your use of the service is at your own risk. Superfilter expressly disclaims all warranties, whether express, implied, or statutory, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Superfilter makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results obtained from the use of the service will be accurate or reliable, or (iv) the quality of any products, services, information, or other materials purchased or obtained by you through the service will meet your expectations.
Limitation of Liability
You expressly understand and agree that Superfilter will not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Superfilter has been advised of the possibility of such damages),
Dispute Resolution By Binding Arbitration
Please read this section carefully as it affects your rights.
a.) Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the "Arbitration Agreement." You agree that any and all disputes or claims that have arisen or may arise between you and Superfilter, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and Superfilter are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
b.) Prohibition of Class and Representative Actions and Non-Individualized Relief
You and Superfilter agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Superfilter agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s), except that you may pursue a claim for and the arbitrator may award public injunctive relief under applicable law to the extent required for the enforceability of this provision.
c.) Pre-Arbitration Dispute Resolution
Superfilter is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer's satisfaction by emailing customer support at support@Superfilter.ai. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Superfilter should be sent to [Superfilter Communications, Inc. 440 N Barranca Ave #7952 Covina, CA 91723 USA] ("Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Superfilter and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Superfilter may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Superfilter or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Superfilter is entitled.
d.) Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Consumer Arbitration Rules (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA's consumer arbitration page. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Superfilter and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Superfilter agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
e.) Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Superfilter will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Superfilter will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Superfilter will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys' fees will be governed by the AAA Rules.
f.) Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
g.) Severability
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.
h.) Future Changes to Arbitration Agreement
Notwithstanding any provision in this Terms of Service to the contrary, Superfilter agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Superfilter written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
Termination
You agree that Superfilter, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Superfilter believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Service may be referred to appropriate law enforcement authorities. Superfilter may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Superfilter may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Superfilter will not be liable to you or any third party for any termination of your access to the Service.
General
These Terms of Service constitute the entire agreement between you and Superfilter and govern your use of the Service, superseding any prior agreements between you and Superfilter with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content, or third-party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Superfilter agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California. The failure of Superfilter to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Superfilter, but Superfilter may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
Changes to Our Terms
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
Your Privacy
For information about how Superfilter handles your personal information, please refer to our Privacy Policy.
Use of Google APIs
Our use of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements.
Contact Us
For any questions about these Terms of Service, please contact us at support@superfilter.ai
Superfilter ("Superfilter," "we," "us," "our") provides services (described below) to you through its website located at https://superfilter.ai (the "Site") and through its related services (collectively, such services, including any new features and applications, and the Site, the "Service(s)"), subject to the following Terms of Service (as amended from time to time, the "Terms of Service").
Please read these Terms of Service carefully, as they contain an agreement to arbitrate and other important information regarding your legal rights, remedies, and obligations. The agreement to arbitrate requires (with limited exception) that you submit claims you have against us to binding and final arbitration, and further 1) you will only be permitted to pursue claims against Superfilter on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, 2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis, and 3) you may not be able to have any claims you have against us resolved by a jury or in a court of law.
Access and Use of the Service
Services Description: The Service is designed to integrate with your email account to provide additional features and an improved user interface for managing emails.
Modifications to Service: Superfilter reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Superfilter will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that Superfilter may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Superfilter's servers on your behalf. You acknowledge that Superfilter reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Superfilter reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Conditions of Use
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, or other materials ("content") that you upload, post, publish, or display (hereinafter, "upload") or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Superfilter. Superfilter reserves the right to investigate and take appropriate legal action against anyone who, in Superfilter's sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators, and reporting you to law enforcement authorities. You agree not to use the Service to:
(List of prohibited activities a. to i.)
Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Fees: To the extent the Service or any portion thereof is made available for any fee, you may be required to select a payment plan and provide Superfilter information regarding your credit card or other payment instrument. You represent and warrant to Superfilter that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with Superfilter regarding any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Superfilter the amount specified in the payment plan in accordance with the terms of such plan and these Terms of Service. If your payment plan includes an ongoing subscription that is automatically renewed, you hereby authorize Superfilter to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges, you must let Superfilter know within sixty (60) days after the date that Superfilter bills you. We reserve the right to change Superfilter's prices. If Superfilter changes prices, we will provide notice of the change on the Service or in email to you, at Superfilter's option, at least thirty (30) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You will be responsible for all taxes associated with the Services other than taxes based on Superfilter’s net income.
Payment Processing: Superfilter does not process payments directly. For payment services, we use third-party payment processors. The payment processing services are subject to the terms and conditions of these payment processors. By agreeing to these Terms of Service and using payment services, you agree to be bound by these third-party terms, as they may be modified from time to time. Superfilter assumes no liability or responsibility for any payments processed or submitted through the Service.
Refunds and Cancellations: Payments made to Superfilter are generally final and non-refundable, unless otherwise determined by Superfilter at its sole discretion. Subscription cancellations can be made through the account management interface within the Service. Upon cancellation, you will continue to have access to the Service through the end of your billing period.
Third Party Distribution Channels
Superfilter may offer applications through various third-party distribution channels such as app stores. Your use of such applications may be subject to additional terms provided by these third-party channels. These Terms of Service govern only your relationship with Superfilter and not any third-party channel.
Intellectual Property Rights
Service Content, Software, and Trademarks: The Service may contain content or features protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Superfilter, you agree not to modify, copy, frame, rent, lease, sell, distribute, or create derivative works based on the Service, in whole or in part. The technology and software underlying the Service are the property of Superfilter and our partners. You agree not to copy, modify, or create derivative works of the Software, sell, or transfer any rights in the Software. All rights not expressly granted herein are reserved by Superfilter.
The Superfilter name and logos are trademarks of Superfilter. Other company, product, and service names and logos used in the Service may be trademarks of their respective owners. Nothing in these Terms of Service grants you a right to use any Superfilter trademarks without our prior written permission.
User Content Transmitted Through the Service: In relation to any content or materials you upload through the Service or share with other users or recipients (collectively, "User Content"), you assert and guarantee that you possess all rights, title, and interest in such User Content, including, but not limited to, all copyrights and publicity rights contained therein. When you transmit any User Content through the Service, you grant Superfilter and its affiliated companies a license to perform necessary actions to deliver this User Content to the intended recipients. To understand how you can request the deletion of your information from our service, please refer to our Privacy Policy.
You acknowledge and agree that Superfilter may preserve content and may also disclose content if legally required or in the genuine belief that such preservation or disclosure is reasonably necessary for: (a) compliance with legal processes, applicable laws, or government requests; (b) enforcement of these Terms of Service; (c) addressing claims that any content infringes the rights of third parties; or (d) safeguarding the rights, property, or personal safety of Superfilter, its users, and the public. You recognize that the technical processing and transmission of the Service, including your content, may require (a) transmissions over various networks; and (b) changes to comply and adapt to the technical requirements of connecting networks or devices.
Third-Party Login Services
You may have the option to enable or log in to the Service via various online third-party services. By integrating these third-party services into the Service, Superfilter aims to enhance and personalize your online experience. However, remember that your use of these third-party services is governed by their respective terms and policies, which you agree to adhere to.
Indemnity and Release
You agree to release, indemnify, and hold Superfilter and its affiliates, along with their officers, employees, directors, and agents (collectively, "Indemnitees") harmless from any and all losses, damages, expenses (including reasonable attorneys' fees), claims, actions, and any kind of injury (including death) arising from or related to your use of the Service, any User Content you provide, your connection to the Service, your breach of these Terms of Service, or your violation of the rights of another party. Despite the above, you are not required to indemnify or hold harmless any Indemnitee for any liability or damages arising from their own actions or inactions. If you are a California resident, you waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Residents of other jurisdictions waive any comparable laws or doctrines.
Disclaimer of Warranties
You acknowledge that the Service provided by Superfilter is on an "as is" and "as available" basis. Your use of the service is at your own risk. Superfilter expressly disclaims all warranties, whether express, implied, or statutory, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Superfilter makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results obtained from the use of the service will be accurate or reliable, or (iv) the quality of any products, services, information, or other materials purchased or obtained by you through the service will meet your expectations.
Limitation of Liability
You expressly understand and agree that Superfilter will not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Superfilter has been advised of the possibility of such damages),
Dispute Resolution By Binding Arbitration
Please read this section carefully as it affects your rights.
a.) Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the "Arbitration Agreement." You agree that any and all disputes or claims that have arisen or may arise between you and Superfilter, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and Superfilter are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
b.) Prohibition of Class and Representative Actions and Non-Individualized Relief
You and Superfilter agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Superfilter agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s), except that you may pursue a claim for and the arbitrator may award public injunctive relief under applicable law to the extent required for the enforceability of this provision.
c.) Pre-Arbitration Dispute Resolution
Superfilter is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer's satisfaction by emailing customer support at support@Superfilter.ai. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Superfilter should be sent to [Superfilter Communications, Inc. 440 N Barranca Ave #7952 Covina, CA 91723 USA] ("Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Superfilter and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Superfilter may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Superfilter or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Superfilter is entitled.
d.) Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Consumer Arbitration Rules (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA's consumer arbitration page. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Superfilter and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Superfilter agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
e.) Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Superfilter will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Superfilter will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Superfilter will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys' fees will be governed by the AAA Rules.
f.) Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
g.) Severability
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.
h.) Future Changes to Arbitration Agreement
Notwithstanding any provision in this Terms of Service to the contrary, Superfilter agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Superfilter written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
Termination
You agree that Superfilter, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Superfilter believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Service may be referred to appropriate law enforcement authorities. Superfilter may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Superfilter may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Superfilter will not be liable to you or any third party for any termination of your access to the Service.
General
These Terms of Service constitute the entire agreement between you and Superfilter and govern your use of the Service, superseding any prior agreements between you and Superfilter with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content, or third-party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Superfilter agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California. The failure of Superfilter to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Superfilter, but Superfilter may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
Changes to Our Terms
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
Your Privacy
For information about how Superfilter handles your personal information, please refer to our Privacy Policy.
Use of Google APIs
Our use of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements.
Contact Us
For any questions about these Terms of Service, please contact us at support@superfilter.ai