Terms and Conditions

Last Updated: Feb. 1, 2024

These Terms of Service (these “Terms of Service”) are a legal agreement between you and April Labs Inc. (“April Labs,” “we,” “us,” or “our”). These Terms of Service specify the terms under which you may access and use our website located at https://aprillabs.ai (“Site”), content creation and artificial intelligence services platform (the “Platform”) (together with the Site, the “Services”) which is made available to you through the Site. 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE AND OUR PRIVACY POLICY (THE “PRIVACY POLICY”, TOGETHER WITH THE TERMS OF SERVICE, THE “AGREEMENT”), WHICH IS HEREBY INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.  

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT, AND CLASS ACTION WAIVER.  THEY AFFECT YOUR LEGAL RIGHTS.  PLEASE READ THEM.

If you accept or agree to this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Agreement and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

We reserve the right, at our sole discretion, to modify these Terms of Service, at any time and without prior notice.  If we modify the Terms of Service, we will post the modification on the Services.  By continuing to access or use the Services after we have posted a modification on the Services, you are indicating that you agree to be bound by the modified Agreement.  If the modified Agreement is not acceptable to you, your only recourse is to cease using the Services. 

Capitalized terms not defined in these Terms of Service shall have the meaning set forth in our Privacy Policy.

1. OUR SERVICES AND USERS‍

1.1. Description of the Services.

Our Services provide technology and a platform that allows you to harness artificial intelligence (AI), data and content primarily in the area of real estate transactions, marketing and research.   

Our Services have several types of users:

Visitors.  Visitors to our Site, as the term implies, are people who do not register for an account, but want to explore the Site for informational purposes. No login is required for visitors to the Site.  Visitors can access all publicly-available content and features of the Site, and can contact us using the contact link on the Site.  

Registered Users and Accounts. Visitors can also establish an account with us.  April Labs is under no obligation to accept any individual or entity as an account holder, and we may accept or reject any registration in our sole and complete discretion.   Visitors who register accounts with us   may sometimes be referred to as “Users” in these Terms of Service. 

To create an account, you or your authorized representative will be prompted to create a password and user name (“April Labs User ID”) and perhaps provide certain additional information that will assist in authenticating your identity when you log-in in the future (collectively “Login Credentials”).  You may not transfer your account to anyone else without our prior written permission. When creating your account, you must provide true, accurate, current, and complete information about yourself.  Each April Labs User ID and corresponding password can be used by only one individual.  You are responsible for maintaining the confidentiality of your account Login Credentials. You are fully responsible for all activities that are associated with your account (including but not limited to any Purchases (defined below), use of the Services, or communications from your account to April Labs). You agree to immediately notify us of any unauthorized use or suspected unauthorized use of your account or any other breach of security.

1.2. Restrictions on Use.

Subject to the terms and conditions of these Terms of Service, you may access and use the Services only for your internal business purposes.  You must comply with all applicable laws in connection with your use of the Services.  You shall not and shall not permit any Authorized User (as defined below) to (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Services available to any third party; (b) use the Services in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Services or its components, (c) modify, adapt or hack the Services to, or otherwise attempt to gain unauthorized access to the Services or its related systems or networks, (d) use bots, hacks, mods or any other unauthorized software designed to modify the Services, (e) circumvent, remove, alter or thwart any technological measure or content protections of the Services, (f) use any spider, crawler, scraper or other automatic device, process or software that intercepts, mines, scrapes, extracts or otherwise accesses software to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same, (g) introduce any viruses, trojan horses, worms, bombs or other materials that are malicious or technologically harmful into our systems or (h) access or use the Services in any way not expressly permitted by these Terms of Service.  

If you violate this section, we reserve the right in our sole discretion to immediately deny you access to the Services, or any portion of thereof, without notice. We reserve the right to change the availability of any feature, function, or content relating to the Services, at any time, without notice or liability to you. 

2. USER DATA; LICENSES. 

2.1. Definitions.

“User Data” means any data and information that you submit to the Services and/or provide to April Labs, including, without limitation, data, text, videos, content and documents. “Usage Data” means the data that we collect in connection with our monitoring of the performance and use of the Services by you including, without limitation, date and time that you access the Services, the portions of the Services visited, the frequency and number of times such pages are accessed, the number of times the Services are  used in a given time period and other usage and performance data. 

2.2. License Grant- User Data.

Subject to the terms and conditions of this Agreement, you hereby grant us a non-exclusive, worldwide, fully paid-up, royalty-free right and license, with the right to grant sublicenses, through multiple tiers to vendors providing services to us (such as hosting providers),  to reproduce, execute, use, store, archive, modify, perform, display, and distribute the User Data for the purpose of providing and improving the Services hereunder. You will have sole responsibility for the accuracy, quality, and legality of your User Data.  We and our vendors will use your User Data only to provide the Services and only as permitted by this Agreement. 

2.3. Aggregated Data.

Notwithstanding anything to the contrary herein, we may use, and may permit our third-party service providers to access and use, the User Data, as well as any Usage Data that we may collect, in an anonymous and aggregated form (“Aggregate Data”) for the purposes of operating, maintaining, managing, and improving our Services. Aggregate Data does not identify you or any individual.  You hereby agree that we may collect, use, publish, disseminate, sell, transfer, and otherwise exploit such Aggregate Data. 

2.4. Ownership.

All right, title, and interest in and to the Usage Data and the Aggregate Data, including all modifications, improvements, adaptations, enhancements, derivatives, or translations made thereto or therefrom, and all intellectual property rights therein, are and will remain the sole and exclusive property of April Labs.  Excluding April Labs’s rights in Usage Data and Aggregate Data and the license grant to User Data, all right, title, and interest in and to the User Data and all intellectual property rights therein, will be and remain your sole and exclusive property.

2.5. Data Security.

We (and any third-party hosting provider that we may engage) will employ commercially reasonable physical, administrative, and technical safeguards to secure the User Data, from unauthorized use or disclosure.

2.6. Representation.

If you submit User Data, you represent and warrant that you have all rights and permissions necessary for you to provide April Labs with or grant April Labs access to and use of all User Data. 

3. PURCHASE TERMS.

In exchange for your access to and use of the Services, you agree to pay the fees for the applicable subscription plan (each a “Subscription”) that you selected at registration (each a “Purchase”). Payment is due immediately upon making a Purchase.  By making a Purchase, you are agreeing to pay April Labs, through our third-party payment processor, Stripe, (“Payment Processor” or “Stripe”), all charges at the prices then in effect for a Subscription.  By using the Services to buy a Subscription, you agree to Stripe’s Terms of Use and Privacy Policy, located here: https://stripe.com/us/terms and https://stripe.com/us/privacy. USERS MUST PROVIDE CURRENT, COMPLETE, AND ACCURATE INFORMATION FOR THEIR ACCOUNTS, AND PROMPTLY UPDATE ALL INFORMATION TO KEEP SUCH ACCOUNT INFORMATION CURRENT, COMPLETE, AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE).  FURTHER, USERS MUST PROMPTLY NOTIFY US IF A PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF USER BECOMES AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF USER’S USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT USER’S ACCOUNT PAGE.

By purchasing a Subscription, User acknowledges that User’s Subscription has an initial and recurring payment charge at the then-current Subscription rate, User agrees that April Labs may submit monthly charges, in advance to User’s chosen payment method without further authorization from User, until User provide notice to April Labs that User wishes to cancel User’s Subscription or to change User’s payment method. User further accepts responsibility for all recurring charges prior to cancellation, including, where applicable, any charges processed by April Labs after the expiration date of your payment card.

User may change or terminate User’s Subscription by emailing us at billing@aprillabs.ai. If User terminates User’s Subscription, User may use User’s Subscription until the end of the then-current billing cycle, and the Subscription will not be renewed after that period expires. April Labs does not refund any pre-paid portion of the Subscription fee. April Labs may immediately terminate or suspend User’s Subscription for any reason or no reason in accordance with these Terms of Service.  If we terminate or suspend User’s Subscription, User’s license to use any software or content provided in connection with the Subscription is also terminated or suspended (as applicable). Please note that April Labs reserves the right to determine and change any purchase terms regarding their services such as special pricing, discounts or a free Beta program.

4. INTELLECTUAL PROPERTY.

The Services, the content and videos created on the Platform, all software and code and technology relating to any of the foregoing, including but not limited to, any text, graphics, images, prompts and other material provided by or on behalf of us or our licensors, and data structuring, data analysis or knowledge base collection (collectively referred to as the “April Labs IP”) are protected by copyright, trademark, and other intellectual property laws of the United States and foreign countries. We exclusively own all right, title, and interest in and to the April Labs IP, and all improvements and modifications thereto and derivative works thereof, and all associated intellectual property rights.   Unauthorized use of the April Labs IP may violate copyright, trademark, and other laws.  Elements of the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors.  You must retain all copyright and other proprietary notices contained in the April Labs IP.  April Labs grants you a non-exclusive, perpetual, sublicensable and transferable license to use or post the April Labs IP you may have used to create content on third-party websites. Apart from the grant of this license,  you may not sell, transfer, assign, license, sublicense, or modify the April Labs IP or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.  We reserve the right to remove April Labs IP from the Services at any time for any reason without any notice to you.

The trademarks, service marks, and logos of April Labs (the “April Labs Trademarks”) used and displayed on the Services, are registered and unregistered trademarks or Services marks of ours.  Other April Labs product, and service names displayed on the Services, may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with the April Labs Trademarks, the “Trademarks”).  Nothing herein should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use.  Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing.  All goodwill generated from the use of April Labs Trademarks      inures to our benefit. 

5. FEEDBACK.

If you provide any suggestions, feedback, comments or other input related to the Services,  or any enhancements or other improvements of the Services, (collectively, “Feedback”), you hereby assign us all right, title, and interest in and to such Feedback and agree that we may use or otherwise incorporate such Feedback into the Services, or our other products or services, and otherwise use the Feedback in any manner that we choose, without restriction or royalty or attribution of any kind to you or any third party.

6. CODE OF CONDUCT.

By accessing and/or using the Services, you agree to comply with, and will ensure that your Authorized Users comply with, the following code of conduct (the “Code of Conduct”):

• You will comply with all applicable laws in your use of the Services and will not use the Services for any unlawful purpose;
• You will not access or use the Services to collect any market research for a competing business;
• You will not upload, transmit, or otherwise make available any content that:
  
  >>   infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
  ‍
  >>   is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence or illegal activity, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity); or
  
  >>   discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information unless prior, written or otherwise reproducible consent has been given.
  ‍
• You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• You will not interfere with, or attempt to interrupt the proper operation of, the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any content, data, files, or passwords related to the Services through hacking, password or data mining, or any other means;
• You will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Services;
• You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Services;   
• You will not use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file; 
• You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; 
• You will not allow anyone to access and use your account; and
• You will not remove or modify any proprietary markings or restrictive legends placed on the Services.

We reserve the right, in our sole and absolute discretion, to deny you access to the Services, or any portion thereof, without notice.

7. RESTRICTIONS.

The platform is available only for individuals aged 18 years or older.  By accessing and/or using the platform, you represent and warrant that you are at least 18 years old.

8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.

ALTHOUGH CERTAIN DATA AND CONTENT THAT MAY BE GENERATED BY THE APRIL LABS IP CAN BE USED AS AN AID TO YOU TO MAKE INFORMED BUSINESS DECISIONS, SUCH DATA AND CONTENT ARE NOT MEANT TO SUBSTITUTE LEGAL OR BUSINESS ADVICE OR EXERCISE OF YOUR OWN BUSINESS JUDGMENT.  ANY SUCH DECISIONS OR JUDGMENTS ARE MADE AT SUCH PARTY’S SOLE DISCRETION AND ELECTION. APRIL IS NOT RESPONSIBLE FOR ANY DECISIONS TAKEN BY YOU BASED ON THE CONTENT PRODUCED BY THE APRIL LABS IP AND/OR MADE AVAILABLE THROUGH THE PLATFORM.   THE SERVICES, THE WEBSITE, THE PLATFORM, THE APRIL LABS IP AND OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND NEITHER APRIL LABS NOR ITS SUPPLIERS MAKE ANY WARRANTIES WITH RESPECT TO THE SAME OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, AND APRIL LABS HEREBY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.  WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES, THE PLATFORM, THE WEBSITE AND OUR CONTENT WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR REQUIREMENTS.  WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION, NOR SHALL WE BE RESPONSIBLE FOR (A) THE CORRECTNESS, ACCURACY, RELIABILITY, COMPLETENESS OR CURRENCY OF THE APRIL LABS IP (B) ANY RESULTS ACHIEVED OR ACTION TAKEN BY YOU IN RELIANCE ON THE SERVICES OR THE APRIL LABS IP. ANY DECISION, ACT OR OMISSION OF YOURS THAT IS BASED ON THE SERVICES OR APRIL LABS IP IS AT YOUR OWN AND SOLE RISK.  

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE AND OUR LICENSORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SERVICES, SHALL BE LIMITED TO ONE HUNDRED US DOLLARS ($100). 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.  NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. 

THE SERVICES, AND/OR THE APRIL LABS IP MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, OR OMISSIONS. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SERVICES, THE WEBSITE, THE MOBILE APP AND/OR THE APRIL LABS IP AT ANY TIME WITHOUT NOTICE.  

WE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE ACCURACY OF ANY OUTPUTS FROM THE AI-CHAT FUNCTION. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY OF ANY OUTPUT AND YOU SHALL NOT RELY ON US TO DO SO. THE OUTPUT MAY NOT REFLECT CURRENT, CORRECT OR COMPLETE INFORMATION AND YOU MAY RELY ON THE OUTPUT AT YOUR SOLE RISK. TO THE EXTENT THAT WE MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.‍

9. EXTERNAL SITES.

The Services may contain links to third-party websites (“External Sites”).  These links are provided solely as a convenience to you and not as an endorsement by us of such External Sites.  The content of such External Sites is developed and provided by others.  You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.  We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites.  You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs.  If you decide to access linked External Sites, you do so at your own risk.

10. REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION.

10.1. Representations and Warranties.

You represent and warrant that (i) you have all necessary rights to provide User Data and to grant us the licenses to User Data as set forth herein; (ii) your provision of User Data and the licenses granted to us herein does not (a) violate any applicable laws, rules or regulations, (b) cause you to breach any confidentiality obligations or any other contractual obligation to any other third party, or (c) infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our Code of Conduct.

10.2. Indemnification.

You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, licensees, licensors, and assigns (collectively, “April Labs Indemnitees) harmless from and against any and all damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees (collective, “Losses”) incurred by any April Labs Indemnitees in connection with a third-party claim, action, or proceeding (each a “Claim”) arising or resulting from: (i) your breach of this Agreement; (ii) your misuse of the Services and/or the April Labs IP;  (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right and/or (iv) your violation of any applicable laws.  We shall provide notice to you of any such Claim, and shall provide reasonable assistance to you, at your expense, in defending any such Claim.  We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section.  In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

11. COMPLIANCE WITH APPLICABLE LAWS.

The Services are based in the United States.  We make no claims concerning whether the Services, or April Labs IP may be downloaded, viewed, or be appropriate for use outside of the United States.  If you access the Services or April Labs IP from outside of the United States, you do so at your own risk.  Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

12. BINDING ARBITRATION.

In the event of a dispute arising under or relating to this Agreement, the Services, or any other products or services provided by us (each, a “Dispute”), such dispute will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”).  NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION.  ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION.  All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA.  The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules.  Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.  The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside.  The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.  The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration.  As set forth in Section 13 below, nothing in these Terms of Service will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests. 

13. CLASS ACTION WAIVER.

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

14. EQUITABLE RELIEF.

You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce these Terms of Service. We may, without waiving any other remedies under these Terms of Service, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. 

15. CONSENT TO ELECTRONIC COMMUNICATIONS.

By using the Services, you consent to receiving electronic communications from us regarding the Services at the email account associated with your account, as described in the Privacy Policy. Please read the Privacy Policy to learn more about your choices regarding our electronic communications practices. Please promptly update any changes to your registration information by emailing us at team@aprillabs.ai or updating your contact information in your account dashboard located at my.aprillabs.ai .  You agree to waive all claims resulting from failure to receive communications because of changes in your e-mail address which changes are not reflected in your account. You agree that any notices, agreements, disclosures, or other communications relating to the Services or this Agreement that we send to you electronically (including via the Services) will satisfy any legal communication requirements, including that such communications be in writing. Without limitation of the foregoing, you agree to be bound by any affirmation, assent, or agreement you transmit through the Services, including but not limited to any consent you give to receive communications from us solely through electronic transmission.

16. MISCELLANEOUS.

This Agreement and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions.  Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer or employee of the other.  Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.  Our failure to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement.  No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.  Except as expressly agreed by us and you in writing, this Agreement constitutes the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.  All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.  The section headings are provided merely for convenience and shall not be given any legal import.  You may not assign this Agreement without the prior written consent of April Labs, but April Labs may assign or transfer this Agreement, in whole or in part, without restriction. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees. April Labs will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond April Labs’ reasonable control.