Summary. This box is a courtesy and is not part of the agreement. Eidren is an AI agent that can browse the web, operate a computer, and do work on your behalf. It can make mistakes, and what it does on your instructions is your responsibility. Eidren is a paid service billed in Credits. Plans renew automatically until you cancel, which you can do at any time online. Credits you have used are not refunded; unused credit packs can be refunded within 14 days. Disputes with users in the United States go to individual arbitration unless you opt out within 30 days. Consumers outside the United States keep the protections of their local law. Section 19 collects the rules that apply only to consumers in the European Economic Area, the United Kingdom, and Switzerland.
1. Agreement and acceptance#
1.1 Parties. These Terms of Service (the "Terms") are a legally binding agreement between you and Aletarch Inc, a Delaware corporation (Delaware file number 10720374) with its registered agent at Corporation Service Company, 251 Little Falls Drive, Wilmington, Delaware 19808, United States ("Aletarch", "we", "us", or "our"). They govern your access to and use of the Service.
1.2 Acceptance. You accept these Terms by creating an Account, accepting an invitation to the Service, clicking to agree, or using the Service. If you do not agree to these Terms, you may not use the Service. Our Privacy Policy describes how we handle personal information; by using the Service you acknowledge that you have read it.
1.3 Use on behalf of an organization. If you use the Service on behalf of a company or other organization, you represent that you are authorized to bind that organization to these Terms, and "you" and "your" refer to both you and the organization. If your Account uses an email address at a domain owned by an organization that later enters an agreement with us, we may transfer the Account to that organization's administration. We will give you at least 30 days' notice, during which you may export your data and close the Account or move it to a different email address.
1.4 Other documents. The Privacy Policy, the Cookie Notice, the Refund and Cancellation Policy, the plan and price terms shown to you at checkout (each an "Order"), and, for organizations that have entered into it, the Data Processing Agreement, form part of your agreement with us. If a document conflicts with these Terms, these Terms control, except that an Order controls for the price, billing period, and Credits it describes.
2. Definitions#
Capitalized terms have the meanings below. Section headings are for convenience only.
- "Account" means the account you create to use the Service.
- "Action" means anything Eidren does on your instructions beyond producing text for you, including visiting a website, filling a form, sending a message, running code, or acting in a Connected Account.
- "Beta" means the release period described in Section 3.3.
- "Connected Account" means a third-party account, such as an email, calendar, messaging, or code-hosting account, that you link to the Service so that Eidren can act in it.
- "Content" means the prompts, messages, files, images, instructions, credentials, and other material you provide to the Service or direct Eidren to use.
- "Credits" means the units in which use of the Service is measured and billed, as described in Section 6.
- "Included Credits" means the Credits included in a Plan for a billing period.
- "Output" means the answers, documents, code, applications, files, and other material that Eidren generates for you.
- "Pack" means a quantity of Credits purchased other than as part of a Plan.
- "Plan" means a subscription to the Service for a recurring billing period.
- "Promotional Credits" means Credits we grant without charge.
- "Service" means Eidren, the AI agent service made available at https://eidren.ai and through any application, interface, or API we provide for it, including all software, features, and Output.
3. The Service#
3.1 What Eidren does. Eidren is an AI agent that performs tasks on your instructions. Depending on what you ask, it may hold a conversation and answer questions; research topics on the web and cite sources; generate documents, code, and small web applications; analyze files and images you upload; remember information you give it for later tasks; run tasks on a schedule; act in Connected Accounts; and use a computer on your behalf, by operating a real web browser and a cloud desktop to fill in forms, click buttons, and interact with websites as a person would ("Computer Use").
3.2 You are interacting with an AI system. Everything Eidren says, writes, or does is generated by an automated system. When Eidren sends a message or submits a form on your behalf, the recipient may not know that an automated system produced it. You are responsible for any disclosure that the recipient or applicable law requires.
3.3 Beta. The Service is offered as a Beta release with limited availability. We may limit the number of new Accounts we admit in any period, pause new signups, require an invitation, or decline or revoke an Account, at our discretion. An invitation or a completed signup does not guarantee continued access. Features, including Computer Use, are experimental: they may be incomplete, may behave unpredictably, may take Actions you did not intend, may fail part way through a task, and may be changed or withdrawn. We do not offer a service level agreement and do not guarantee availability, uptime, or response times.
3.4 Changes to the Service. We may change, suspend, limit, or discontinue the Service or any part of it. If we discontinue the Service entirely, we will give you at least 30 days' notice where reasonably practicable and refund prepaid, unused amounts as described in Section 7.7.
3.5 Approvals and controls. Eidren is designed to ask for your approval before taking an Action that we treat as consequential, such as a purchase, sending a message from a Connected Account, or another Action with a significant real-world effect, and to ask clarifying questions when it needs more information. While Eidren is using a browser or desktop, you can watch in a live view, take over, hide the screen, or stop the task at any time. These safeguards are automated. They reduce risk; they do not eliminate it, and they may not catch every case.
3.6 Mistakes. Eidren, like every AI system, can be wrong. It can misread a page, misunderstand an instruction, take an Action other than the one you intended, or produce Output that is inaccurate, incomplete, or unsuitable. Output may not be unique, and other users may receive similar or identical Output. You must review Output and Actions before relying on them or allowing them to have effect.
3.7 No professional advice. Output is not medical, legal, financial, tax, safety, or other professional advice, and it is not a substitute for advice from a qualified professional who knows your circumstances. Do not use the Service as the sole basis for a decision that has legal or similarly significant effects on a person.
4. Eligibility and Accounts#
4.1 Eligibility. You must be at least 18 years old, or the age of majority where you live if that is higher, and legally able to enter into a binding contract. You may not use the Service if applicable law prohibits you from doing so, or if we have previously suspended or terminated your Account.
4.2 Account information and security. You must provide accurate information when creating your Account and keep it current. You are responsible for keeping your login credentials confidential and for all activity under your Account, whether or not you performed it. Tell us at support@aletarch.com immediately if you believe your Account has been compromised.
4.3 One person per Account. An Account is personal to you and may not be shared, sold, or transferred. Where we offer team or organization accounts, their administration rules apply in addition to these Terms.
5. Your responsibilities#
5.1 Your instructions, your Actions. Eidren acts on your instructions. Every Action it takes at your request, including Actions on websites, in Connected Accounts, and in transactions, is taken on your behalf and is your responsibility as if you had taken it yourself. Third-party services may attribute those Actions to you and may restrict or close your accounts with them as a result; we are not responsible for their decisions.
5.2 Review before reliance. You must review Eidren's work before relying on it, publishing it, sending it to others, or letting it have effect, and you must apply the safeguards, testing, and human review appropriate to what is at stake.
5.3 Other people's rights and rules. You are responsible for ensuring that what you ask Eidren to do complies with applicable law, with the terms of the websites and services Eidren interacts with, and with the rights of other people, including their privacy. If Eidren will handle personal information about others, you must have the right to provide it for that purpose.
5.4 Your Content. You are responsible for your Content. You represent that you have the rights needed to provide it and to have Eidren use it as you direct, and that doing so does not violate any law or any agreement you are bound by.
6. Fees, Credits, and billing#
6.1 Credits. Use of the Service is measured in Credits. Each task consumes Credits according to the work performed, including the AI models used, the tools called, the time a browser or desktop is in use, and the other resources involved. The current consumption rates, and the Credits included in each Plan, are shown in the Service before you buy and in your usage view.
6.2 Changes to consumption rates. We may change consumption rates. An increase takes effect no earlier than 14 days after we notify you in the Service or by email, and never during a billing period you have already paid for if it would reduce what your Plan includes. If an increase would reduce what an unused Pack buys, you may request a refund of the unused balance of that Pack within 30 days of the notice.
6.3 Plans. A Plan renews automatically for successive billing periods and includes Included Credits for each period. Included Credits expire at the end of the billing period in which they were granted and do not roll over. The price, billing period, Included Credits, and features of your Plan are shown in your Order and in your billing settings.
6.4 Packs. You may buy additional Credits in Packs. Credits in a Pack may be used by the Account that bought them for 12 months from the date of purchase, after which any unused balance expires. A Pack does not require an active Plan, but it does require an Account in good standing.
6.5 Promotional Credits. Promotional Credits, including invitation and beta grants, expire on the date stated when they are granted, may be limited to particular features, and may be withdrawn if you breach these Terms.
6.6 Order of use, holds, and negative balances. Credits are used in this order: Promotional Credits, then Credits we return or grant as corrections, then Included Credits, then Pack Credits, in each case soonest to expire first. When a task starts we may place a temporary hold on an estimated number of Credits, and we release whatever the task does not use when it ends. If a task consumes more Credits than your balance, your balance may become negative, and the next Credits you receive are applied to the negative balance first. We may pause or decline new tasks while your balance is negative.
6.7 Consumption and returned Credits. Credits are consumed for the work performed, whether or not you are satisfied with the result, and are not restored because Output is wrong, incomplete, or must be regenerated, except as this Section 6.7 provides. We do not charge you for our own failures: if a task fails because of a fault in the Service, an outage, or an error on our side, the Credits that task consumed are returned to your Account. Where a task ends without accomplishing what you asked for a reason that is not our fault, we may, at our discretion and within limits we set, return part of the Credits consumed as a goodwill credit. Every task has a receipt in the Service showing what it consumed and what, if anything, was returned.
6.8 Billing records. We bill from our usage records. If you believe a receipt is wrong, tell us within 30 days of the task and we will investigate and correct any error.
6.9 Credits are not money. Credits have no cash value, are not a deposit or stored value, are not a gift card or gift certificate, and cannot be transferred, resold, or redeemed for cash. They are a prepayment for metered use of the Service and nothing more.
6.10 Automatic renewal. Your Plan renews automatically at the end of each billing period, and we charge the payment method on file at the then-current price for your Plan, until you cancel. Before you subscribe we show you the price, the billing period, the fact that the Plan renews, and how to cancel, and we send you an acknowledgment you can keep. We send every subscriber a reminder at least once a year stating the price, that the Plan renews unless canceled, and how to cancel; for annual Plans the reminder is sent between 15 and 45 days before renewal.
6.11 Cancellation. You can cancel your Plan at any time, online, from your billing settings, with no further steps and without contacting anyone. You may also cancel by emailing support@aletarch.com from the email address on your Account. Cancellation takes effect at the end of the current billing period; until then you keep access and may use your remaining Included Credits. Cancelling a Plan does not affect Pack Credits.
6.12 Price changes. We may change the price of a Plan. A change to the price of a Plan you already have takes effect at your next renewal after we have given you at least 30 days' notice by email, and you may cancel before it takes effect. A change in a tax rate is not a price change and is passed through when it occurs.
6.13 Payment. Payments are processed by our payment processor, Stripe, under its own terms. You authorize us and Stripe to charge your payment method for the amounts you have agreed to pay, including renewals. You must keep your billing information accurate. If a payment fails, we may retry it, suspend paid features, or restrict your Account to the Credits it already holds until payment succeeds.
6.14 Taxes. Where we sell to consumers in the European Economic Area, the United Kingdom, or another country that requires it, the price shown at checkout includes VAT or its equivalent. Otherwise, prices exclude sales tax, VAT, GST, and similar taxes, which we add at checkout where we are required to collect them. We calculate tax from the billing address and any tax identifier you provide, and itemize it on your invoice. You are responsible for any taxes we are not required to collect, other than taxes on our income. If you provide a valid business tax identifier, we may apply the reverse-charge mechanism or its equivalent where the law allows.
6.15 Card disputes. Please contact us before disputing a charge with your card issuer; we resolve most billing problems faster than a dispute can. If a charge is disputed, the Credits it paid for are placed on hold while the dispute is open and released if the dispute is resolved in our favor. If a charge is refunded or reversed, the Credits it paid for are removed from your Account, and if they have already been used your balance may become negative. Filing a dispute you know to be unfounded is a breach of these Terms.
7. Refunds and the right to withdraw#
7.1 General rule. Except as provided in this Section 7 or required by applicable law, payments are non-refundable, and we do not give refunds or credits for partly used billing periods, unused Included Credits, or Credits that have been consumed.
7.2 Unused Packs. If you buy a Pack and have not used any of its Credits, you may request a full refund within 14 days of purchase, wherever you live.
7.3 Consumers in the EEA, the UK, and Turkey. If you are a consumer in the European Economic Area, the United Kingdom, or Turkey, you have a legal right to withdraw from a purchase within 14 days without giving a reason.
- Plans. By choosing to start your Plan immediately, you ask us to begin supplying the Service during the withdrawal period. If you withdraw within 14 days, we refund what you paid less a proportionate amount for the days you had access, and less the value of any Credits you used beyond that proportion of your Included Credits.
- Packs. At checkout you will be asked to consent to the Credits being made available immediately. If you withdraw within 14 days, we refund the value of the Credits you have not used, and you pay for the Credits you have used. If you have used none, the refund is in full.
- How to withdraw. Email support@aletarch.com from the email address on your Account, or use the model withdrawal form, which is also linked from your order confirmation. We refund within 14 days of receiving your request, to the payment method you used.
7.4 Other cooling-off rights. Where the law of the country in which you live gives you a right to cancel a purchase within a set period, we honor it on the terms that law provides. Swiss law provides no general withdrawal right for distance contracts; Section 7.2 applies to consumers in Switzerland as it does everywhere.
7.5 Our error. If we charged you in error, or charged an amount you did not agree to, tell us and we will correct the error and refund the difference.
7.6 Termination by us without cause. If we terminate your Account other than for your breach of these Terms, we refund the unused portion of any prepaid Plan period and the unused balance of any Pack, pro rata.
7.7 Discontinuation. If we discontinue the Service, we refund prepaid, unused amounts as described in Section 7.6.
7.8 Mechanics. Refunds are made to the original payment method. When a payment is refunded, the Credits it bought are removed from your Account; if some of them have been used, the refund is reduced proportionately.
7.9 Statutory rights. Nothing in this Section 7 limits rights you have under the mandatory law of the country in which you live, including rights relating to services that are not as described or not performed with reasonable care and skill.
8. Acceptable use#
You may not use the Service, or direct Eidren, to do any of the following. This list is written for an agent that can browse the web, operate websites on your behalf, and control a computer.
8.1 Fraud, impersonation, and abuse. Commit fraud; impersonate a person, business, or organization; or send spam, bulk unsolicited messages, or other abusive communications.
8.2 Unauthorized access. Engage in credential stuffing or account takeover, or log in to or use any account, credential, or system that you are not authorized to use.
8.3 Circumventing controls. Bypass CAPTCHAs, bot detection, paywalls, rate limits, or other access controls; scrape or extract data from a website in breach of its terms or applicable law; or evade another service's restrictions on automated use.
8.4 Unauthorized transactions. Make purchases or enter into transactions using a payment method or account you are not authorized to use, or in breach of the terms on which it was issued.
8.5 Attacks on systems. Conduct attacks, security scans, penetration tests, denial-of-service attempts, or other security testing against any system you do not own or have explicit permission to test. Good-faith security research on our own systems under our vulnerability disclosure policy at https://aletarch.com/security is permitted.
8.6 Malware and misuse of compute. Create, distribute, or run malware; mine cryptocurrency; or use the sandboxes or desktops the Service provides as general-purpose hosting, as proxies, or for resource-intensive work unrelated to a task.
8.7 Illegal or seriously harmful content and Actions. Generate, request, or facilitate illegal content; child sexual abuse material; targeted harassment; non-consensual intimate imagery; content or Actions intended to facilitate weapons capable of mass casualties; or deceptive interference with elections or civic processes.
8.8 High-risk uses without human oversight. Use the Service to make, or as the sole basis for, decisions that have legal or similarly significant effects on a person, including in employment, credit, housing, insurance, education, healthcare, or law enforcement, without meaningful human review.
8.9 Other people's rights and data. Infringe another party's copyright, trademark, patent, trade secret, privacy, or other rights; collect or process personal information about others without a lawful basis; or attempt to access another user's Account, data, or Content.
8.10 The Service itself. Reverse engineer, decompile, or attempt to extract the source code, models, prompts, or system instructions of the Service; use the Service or Output to develop or train a model or service that competes with the Service; access the Service by automated means other than through the interfaces we provide for that purpose; resell or sublicense the Service; or attempt to bypass usage limits, admission controls, or safety measures.
8.11 Enforcement. We may investigate suspected breaches of this Section 8 and may pause tasks, remove Content, restrict features, or suspend or terminate access, with notice where practicable and without notice where a delay would risk harm. We may report unlawful activity to authorities.
9. Connected Accounts and third-party services#
9.1 Connecting an account. The Service lets you connect third-party accounts, currently including Google (Gmail and Google Calendar), Slack, and GitHub, so that Eidren can act in them on your behalf. When you connect an account, you authorize us to access it with the permissions you approve and to act within those permissions on your instructions, and you confirm that you are permitted to grant that access under the third party's terms.
9.2 Your Actions. Actions Eidren takes in a Connected Account are your Actions under Section 5.1. The third party's terms continue to apply to your account with it. We are not responsible if a third party limits, suspends, or closes your account because of automated activity, or changes what its service allows.
9.3 Your controls. You can narrow what Eidren may do with each Connected Account, and disconnect any account, at any time within the Service. Disconnecting deletes the stored credential.
9.4 Third-party services. The Service relies on third-party providers, including AI model providers, cloud infrastructure, and search services. We are not responsible for their availability or conduct, and their terms may apply to your use of their features through the Service.
10. Content, Output, and intellectual property#
10.1 Our property. Aletarch and its licensors own the Service, including its software, design, orchestration, prompts, models we develop, documentation, and the Aletarch and Eidren names and marks. These Terms grant you a limited, revocable, non-exclusive, non-transferable right to use the Service as they permit, and no other right.
10.2 Your Content. You own your Content. You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display, and modify your Content solely as needed to provide, secure, and support the Service, to comply with law, and as described in the Privacy Policy. We do not use your Content to train AI models.
10.3 Output. Subject to your compliance with these Terms, we assign to you all of our right, title, and interest, if any, in the Output. Output may not be unique: other users may receive similar or identical Output, and we make no representation that Output is protectable by intellectual property rights or free of third-party rights. You are responsible for how you use Output.
10.4 Feedback. If you give us feedback, suggestions, or bug reports, you agree that we may use them without restriction or obligation to you.
10.5 Copyright complaints. If you believe that material on the Service infringes your copyright, follow the notice procedure in our Copyright Policy, which gives the contact details of our designated agent under the Digital Millennium Copyright Act and explains how to submit a notice and a counter-notice. We respond to valid notices and terminate the Accounts of repeat infringers.
11. Suspension and termination#
11.1 By you. You may stop using the Service and close your Account at any time by emailing support@aletarch.com from the email address on your Account. Closing your Account does not by itself entitle you to a refund, except as Section 7 provides.
11.2 By us. We may suspend or terminate your access if you breach these Terms, if your use creates risk or legal exposure for us or for others, if a payment remains unpaid after notice, or if we discontinue the Service. Where practicable we will give you notice and an opportunity to cure. We may also terminate your Account for any reason on 30 days' notice, in which case Section 7.6 applies.
11.3 After termination. Your right to use the Service ends. For 30 days after termination, unless law or a security concern prevents it, you may request an export of your data by email. After that period we delete your data as described in the Privacy Policy. Sections 5, 6.7, 6.9, 6.15, 7, 10, 12, 13, 14, 16, 18, and 19, and any other provision that by its nature should survive, survive termination.
12. Disclaimers#
THE SERVICE AND ALL OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, ALETARCH AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT OUTPUT WILL BE ACCURATE, COMPLETE, OR FIT FOR ANY PURPOSE; OR THAT ACTIONS WILL HAVE THE RESULT YOU INTENDED. YOU USE THE SERVICE, AND RELY ON OUTPUT AND ACTIONS, AT YOUR OWN RISK. SECTION 19 MODIFIES THIS SECTION FOR CONSUMERS IN THE EEA, THE UK, AND SWITZERLAND.
13. Limitation of liability#
13.1 Excluded damages. TO THE FULLEST EXTENT PERMITTED BY LAW, ALETARCH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, OR FOR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES DAMAGES ARISING FROM ACTIONS TAKEN ON YOUR INSTRUCTIONS, FROM YOUR RELIANCE ON OUTPUT, AND FROM THE CONDUCT OF THIRD-PARTY SERVICES.
13.2 Cap. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED US DOLLARS (US$100).
13.3 Exceptions. The exclusions and limitations in this Section 13 apply only to the extent permitted by law. They do not limit or exclude liability for death or personal injury caused by negligence; for fraud or fraudulent misrepresentation; for gross negligence or willful misconduct, or for any other liability, where the law does not allow it to be limited. Section 19 modifies this Section for consumers in the EEA, the UK, and Switzerland.
14. Indemnification#
To the extent permitted by law, you will defend, indemnify, and hold harmless Aletarch and its officers, directors, employees, and agents from and against any claim, demand, loss, or expense, including reasonable legal fees, brought by a third party and arising out of or relating to: your Content; your use of the Service or of Output in breach of these Terms or applicable law; Actions taken on your instructions; your connection of a Connected Account; or your violation of another person's rights. This indemnity does not cover claims to the extent caused by our breach of these Terms, our negligence, or a defect in the Service. We may assume control of the defense of any matter subject to indemnification, at your expense, and you will cooperate with us. This Section does not apply to consumers to the extent the law of the country in which they live does not permit it.
15. Export controls and sanctions#
You may not use the Service if you are located in, or are a national or resident of, a country or territory subject to comprehensive United States sanctions; if you are listed on a United States, European Union, or United Kingdom sanctions or restricted-party list; or if you are owned or controlled by a person who is. You may not use the Service in breach of export control laws, or direct Eidren to do anything those laws prohibit.
16. Governing law and dispute resolution#
Please read this Section carefully. For users in the United States, it requires individual arbitration of most disputes and waives class actions. You may opt out within 30 days (Section 16.5).
16.1 Governing law. These Terms, and any dispute arising out of or relating to them or the Service, are governed by the laws of the State of Delaware and, for Section 16.3, the Federal Arbitration Act, without regard to conflict-of-laws rules. If you are a consumer, you also keep the non-waivable protections of the law of the state or country in which you live.
16.2 Informal resolution. Before starting arbitration or a court case, you agree to send a written notice of the dispute to support@aletarch.com with the subject "Dispute notice", describing the problem and the resolution you want, and we agree to do the same to the email address on your Account. Both of us will try in good faith to resolve the dispute informally for 60 days from receipt of the notice. For users in the United States this step is a condition of starting a formal proceeding, and any limitation period is paused while it runs. If you are a consumer outside the United States, we ask, but do not require, that you contact us first.
16.3 Arbitration (United States). If you live in the United States and the dispute is not resolved informally, you and Aletarch agree that it will be resolved by binding individual arbitration administered by National Arbitration and Mediation ("NAM") under its Comprehensive Dispute Resolution Rules and Procedures and, where applicable, its Mass Filing Supplementary Dispute Resolution Rules and Procedures, in effect when the arbitration is started. The rules are available at https://www.namadr.com. A single arbitrator will decide the dispute, including any question of whether it is arbitrable, except that a court, not the arbitrator, decides any dispute about the enforceability of Section 16.4 or Section 16.7. The arbitrator may award the same individual relief that a court could. Hearings take place by video conference, or in the county where you live if you ask. For claims of US$10,000 or less, we will pay the arbitration fees other than your initial filing fee, unless the arbitrator finds your claim frivolous. Either party may instead bring an individual claim in the small-claims court for the county where you live.
16.4 Class-action and jury-trial waiver. To the fullest extent permitted by law, you and Aletarch each waive the right to a jury trial and the right to bring or participate in a class, collective, consolidated, or representative action, whether in arbitration or in court. The arbitrator may not consolidate the claims of different users or preside over any form of representative proceeding. If this waiver is found unenforceable for a particular claim, that claim will be heard in court under Section 16.6 and the remainder of this Section 16 continues to apply.
16.5 Opt-out. You may opt out of Section 16.3 and Section 16.4 by emailing support@aletarch.com with the subject "Arbitration opt-out" from the email address on your Account, stating your name and that you opt out, within 30 days after you first accept these Terms, or within 30 days after any later change to this Section 16 that you have not otherwise accepted. Opting out does not affect any other part of these Terms.
16.6 Courts. Any dispute that is not subject to arbitration, including where you have opted out, will be brought exclusively in the state or federal courts located in the State of Delaware, and you and Aletarch consent to their jurisdiction. This Section 16.6 does not apply to a small-claims action under Section 16.3 or to consumers to whom Section 19.5 applies.
16.7 Mass filings. If 25 or more demands for arbitration raising similar claims are filed against us by the same or coordinated counsel within 90 days, the demands will be administered in batches of no more than 50 under NAM's Mass Filing rules, with one arbitrator and one set of fees per batch, and Section 16.2 must be completed individually for each claimant. Limitation periods are paused while a demand awaits its batch. If this Section 16.7 is found unenforceable, it is severed and the remainder of this Section 16 continues to apply.
16.8 Changes to this Section. A change to this Section 16 after you have accepted these Terms does not apply to a dispute of which either party had notice before the change, and you may reject the change by opting out under Section 16.5 within 30 days of the change.
17. Changes to these Terms#
We may update these Terms. If a change materially reduces your rights or increases your obligations, we will notify you by email to the address on your Account, or by a prominent notice in the Service, at least 30 days before it takes effect, unless the change is required by law or addresses a security or abuse issue, in which case it may take effect sooner. Other changes take effect when posted, with the effective date above updated. If you do not agree to a change, cancel before it takes effect; continuing to use the Service after the effective date means you accept the change.
18. General#
18.1 Entire agreement. These Terms, together with the documents listed in Section 1.4, are the entire agreement between you and Aletarch about the Service and supersede any earlier agreement, including any earlier beta terms.
18.2 Severability. If any provision of these Terms is found unenforceable, it will be enforced to the extent permitted and the remainder will continue in effect, except as Section 16.4 and Section 16.7 provide.
18.3 No waiver. Our failure to enforce a provision is not a waiver of it.
18.4 Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or to a successor in a merger, acquisition, or sale of assets, with notice to you.
18.5 Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including outages of third-party providers; this does not excuse payment obligations.
18.6 Notices. We send notices to the email address on your Account, and you agree to receive them electronically. You send notices to us at support@aletarch.com. The postal address in Section 1.1 is our registered agent, for service of legal process; ordinary correspondence sent there may not reach us promptly.
18.7 Language. These Terms are written in English. Any translation is provided for convenience, and the English version controls where the law allows.
18.8 Interpretation. "Including" means "including without limitation". Headings do not affect interpretation. References to law include amendments and successor provisions.
19. Additional terms for consumers in the EEA, the UK, and Switzerland#
If you are a consumer living in the European Economic Area, the United Kingdom, or Switzerland, this Section 19 applies to you and prevails over anything inconsistent elsewhere in these Terms.
19.1 Statutory rights. Nothing in these Terms limits or excludes rights you have under mandatory consumer law, including your rights where a digital service does not conform to the contract.
19.2 Liability. We are liable for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill. We are not liable for loss that is not foreseeable, or for business losses if you use the Service for a purpose that is not a consumer purpose. Section 13.2 applies to you only to the extent permitted by the law of the country in which you live.
19.3 Withdrawal. Section 7.3 sets out your right of withdrawal and how to exercise it.
19.4 Changes. Where we make a change under Section 17 that is not to your advantage, you may terminate your Plan free of charge before the change takes effect, and we will refund any prepaid amount for the period after termination.
19.5 Disputes. Sections 16.3, 16.4, and 16.7 do not apply to you. You may bring a claim in the courts of the country in which you live, and we may bring a claim against you only in those courts. The law of the country in which you live applies to the extent it gives you greater protection than Delaware law. The European Commission's online dispute resolution platform has been discontinued; you may contact your national consumer protection body or a certified alternative dispute resolution provider. We are not obliged to, and do not, participate in alternative dispute resolution proceedings beyond what the law requires.
19.6 Language and contract storage. The contract is concluded in English. We store the text of these Terms as accepted by you, and you can obtain a copy by writing to support@aletarch.com.
20. Contact#
Aletarch Inc · support@aletarch.com · Registered agent: Corporation Service Company, 251 Little Falls Drive, Wilmington, Delaware 19808, United States (for service of legal process).

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