Terms of Service

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AI COPY CODES USER AGREEMENT

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IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THIS USER AGREEMENT (“AGREEMENT”) BEFORE ACCESSING, USING, OR PLACING AN ORDER THROUGH OUR WEBSITE FOR OUR AI COPY CODES SUBSCRIPTION PRODUCT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (SEE SECTIONS 8 AND 9). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

Your use of calabs.ai, 27aicodes.com, including any sub-domains thereof, affiliated websites, website applications, and mobile applications (collectively, the “Website”), which are owned and maintained by CA Labs (“CAL,” “we,” “our,” “us”), are governed by the policies, terms, and conditions set forth below. Please read them carefully. We offer the Website, including all information, tools, products, and services available from the Website (the “Services”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By accessing, using, or submitting information over the Website, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.

THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 10 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 10 BELOW WHICH DESCRIBES YOUR RIGHT TO OPT-OUT.

You can review the most current version of this Agreement at any time on this page (https://www.calabs.ai/terms-of-use). We reserve the right to update, change, or replace any part of this Agreement by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.

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TERMS OF USE

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1. WEBSITE USE
   
   By using the Website and agreeing to this Agreement, you represent that you are at least the age of majority in your state or province of residence. If you use the Website, you affirm that you have the legal capacity to enter into a binding contract with us, have read this Agreement, and understand and agree to its terms.
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2. PRIVACY & SECURITY DISCLOSURE
   
   Any personal data we receive from you, whether through the use of our Website, or any activity related to CAL, will be handled in accordance with our Privacy Policy, which may be viewed at https://www.calabs.ai/privacy-policy. By using our Services, you agree the Privacy Policy is incorporated into this Agreement by reference and constitutes a part of this Agreement. We may collect, use, and disclose your personal data for the purposes described in our Privacy Policy. If you do not agree with our Privacy Policy, please do not use our services.
   
   We control and operate the online and mobile resources from within the United States of America (the “U.S.”). Information collected through the Website may be stored and processed in the United States or any other country in which our vendors or we maintain facilities. Although we do not actively block or monitor visitors from other countries, the Website is directed only at visitors from the U.S. As such, this Agreement is consistent with U.S. law and practice and is not adapted to other laws (including European data security and privacy laws).
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3. GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS
   
   All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other rights by downloading or using the Website or any material on it.
   
   All material on the Website, including, without limitation, all informational text, photographs, animation, illustrations, artwork, software, music, sound, photographs, graphics, audio, video, messages, files, documents, images or other materials (collectively, the “Materials”), whether publicly posted or privately transmitted, as well as all derivative works, are owned by CAL. CAL disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than its own. Trademarks, logos, images and service marks displayed on the Website are the property of their rightful owners and used with permission. You agree not to display or use such marks without CAL's prior written permission.
   
   The Materials on the Website may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, including by e-mail or other electronic means, without the prior written consent of CAL. Any modification of the Materials, use of the Materials on any networked computer environment or application, or use of the Materials for any purpose other than personal, non-commercial use could constitute a violation of the copyright, trademark and other proprietary rights in the Materials and is expressly prohibited.
   
   You agree not to use or attempt to use the Website or any Services in any unlawful manner. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, obscene, or defamatory material; (3) any other unlawful act; (4) use the Website or our Services in a way that infringes, misappropriates or violates any person’s rights; (5) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Website and Services (except to the extent such restrictions are contrary to applicable law); (6) use our Services to develop anything that competes with CAL; (7) use any automated or programmatic method to extract data or output from the Website, including scraping, web harvesting, or web data extraction; (8) represent that output generated by using our Services alongside any open source AI generative technology was fully human-generated when it is not; or (9) send us any personal information of children under 13 or the applicable age of digital consent.
   
   CAL reserves the right to terminate your access to the Website or any of its Services if it determines that you (1) do not comply with this Agreement; (2) provide false, inaccurate, or incomplete information during our registration process; (3) engage in any conduct that would otherwise harm any of CAL’s rights or interests in its Website, Services, or other property; or (4) for any or no reason whatsoever without prior notice to you. CAL may take any other actions necessary in this regard or seek any remedies permitted by law
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4. MODIFICATIONS TO THE WEBSITE AND PRICES
   
   We reserve the right to modify or discontinue access to the Website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of access to the Website. All descriptions of Services or pricing are subject to change at any time without notice, at our sole discretion.  Any offer for any service made on this Website is void where prohibited.
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5. PAYMENT AND SUBSCRIPTION BILLING
   
   All charges are in U.S. Dollars. Our FE 27 AI Copy Codes Service is a one-time fee.  However, we also offer certain other Services on a subscription basis. If you purchase a subscription-based Service, it is automatically billed every thirty (30) days.  Your subscription will be billed to the payment method you provided when you purchased such Services until you cancel the subscription. We may use an account updater to automatically update your payment information in the event it changes, in which case, your renewal will be billed to the updated account information. If you would like to cancel any subscription-based Services, you must do so prior to 11:59PM ET on the day before your next recurring billing date in order to avoid being charged. You can modify or cancel your subscription by accessing your account or by contacting us by email (support@calabs.ai).  Canceled Services will immediately lose access to paid features on the Website.
   
   By submitting payment information to us, you represent and agree that: (i) you are fully authorized to use that card or account; (ii) all payment information provided is complete and accurate; (iii) you will be responsible for any payment card fees; and (iv) that sufficient funds exist to pay us the amount(s) due.
   
   We and our third-party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired.  If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly.  Your credit card issuer may give you the right to opt-out of providing vendors and third-party payment service providers with your updated credit card information.  If you wish to opt-out of your credit card’s updating service, you should contact your credit card issuer.
   
   We are not responsible for any fees or charges that your bank or credit card issuer may apply.  If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement.

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6. ORDER PLACEMENT AND ACCEPTANCE
   
   Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order.  We reserve the right to accept or deny Services to anyone for any reason.  In the event we deny your order, we will notify you as soon as possible and you will receive a refund to your original form of payment.  You understand and agree that we will not be liable for any losses or damages that may result from our refusal to provide you any product or service.  We reserve the right to require additional information before processing any order.
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7. THIRD PARTY WEBSITES
   
   This section applies to everyone who interacts with our online presence, including social media postings, comment sections, feeds, and other elements of social media postings viewable on YouTube, TikTok, Facebook, LinkedIn, or any of the many other available external third-party platforms we may use (“Social Media Presence”).
   
   The sites and platforms that host our Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use. We have no obligation to monitor or remove any material.
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8. DISCLAIMER OF WARRANTIES
   
   ANY GENERATED MATERIALS YOU CREATE USING OUR SERVICES IS THE YOUR SOLE RESPONSIBILITY. CAL MAKES NO REPRESENTATIONS ABOUT AND DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, COMPLETENESS, TRUTHFULNESS OR TIMELINESS OF SUCH GENERATED MATERIALS; INCLUDING WITHOUT LIMITATION, THE ACCURACY AND TRUTHFULNESS OF ANY GENERATED MATERIALS. CAL SHALL NOT BE RESPONSIBLE FOR ANY DECISIONS RELATED TO THE GENERATED MATERIALS MADE BY YOU. IN ADDITION, EXCEPT WHERE PROHIBITED BY LAW, THIS WEBSITE AND ALL SERVICES PROVIDED, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) OUR SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (C) ANY THIRD PARTY APPLICATIONS, INCLUDING BUT NOT LIMITED TO OPEN SOURCE AI GENERATIVE APPLICATIONS, ARE FUNCTIONAL, COMPATIBLE, OR WILL PERFORM TO ANY PARTICULAR STANDARD OR DEGREE.  YOU ACKNOWLEDGE AND AGREE THAT ANY THIRD PARTY APPLICATIONS ARE DEVELOPED INDEPENDENTLY AND ARE NOT UNDER CAL’S CONTROL OR INFLUENCE. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NO INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
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9. DISCLAIMER OF LIABILITIES
   
   EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL CAL OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE CONTENT, THE PRIVACY POLICY, THE SERVICES, OR YOUR OR A THIRD-PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SERVICE, REGARDLESS OF WHETHER CAL HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, CAL IS FOUND LIABLE UNDER ANY THEORY, CAL’S LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER CAL WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
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10. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
    
    PLEASE READ THIS ARBITRATION AND CLASS ACTION WAIVER PROVISION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH CAL ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
    
    EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS A PRIVATE ATTORNEY GENERAL. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
    
    THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE CONDITIONS OF USE AS A COURT WOULD.

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1. General
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   Arbitration is a manner of resolving a “Claim” without filing a lawsuit. “Claim” means any dispute between you, CAL, or any involved third-party relating to your account, your use of the Website, the Services, Generated Materials, your relationship with CAL, this Agreement, or the Privacy Policy. This includes any and all claims that relate in any way to your use or attempted use of the Services, and any act or omission by CAL or any third-party related to your use or attempted use of the Services, and any communications from CAL or any third party on CAL’s behalf. You, CAL, or any involved third-party may pursue a Claim. CAL agrees to final and binding confidential arbitration should it have any Claims against you. Likewise, you agree to final and binding confidential arbitration should you have any Claims against CAL. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to final and binding confidential arbitration. You further agree that all claims must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and that claims of more than one customer cannot be arbitrated or consolidated with those of any other customer. This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.
   
   Notwithstanding anything to the contrary herein, (a) a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) must be arbitrated on a class basis, (b) in the event that the foregoing clause is deemed invalid or unenforceable, a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) may be brought in the state or federal courts located in NEVADA on a class basis, and (c) any claims other than for public injunctive relief must be arbitrated on an individual, non-class basis as otherwise set forth in this section.
   

2. Exceptions
   
   Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and CAL both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. CAL will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court.
   
   The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in NEVADA: (i) an action by CAL relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents; or (ii) an action by CAL for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection “b” in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection “b,” the parties consent to exclusive jurisdiction and venue in the state and federal courts located in NEVADA, and forever waive any challenge to said courts’ jurisdiction and venue.‍

3. Required Pre-Dispute Procedures
   
   Before initiating any Claim against the other, you and we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by certified mail to Attn: Legal Department, 1180 N Town Center Drive, Suite 100 Las Vegas, Nevada 89144. CAL will contact you by letter at the billing address you provided to us or at the email address, you provided to us. You agree to negotiate with CAL or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions herein.‍

4. Commencing Arbitration
   
   You and CAL agree to commence any arbitration proceeding within one (1) year after the Claim arises (the one-year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after one (1) year shall be forever barred.‍

5. Arbitration Location
   
   If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in Delaware unless CAL otherwise agrees to arbitrate in another forum requested by you.‍

6. Organization, Rules and the Arbitrator
   
   We each agree that any and all Claims other than those exempted under subsection “b” above shall be submitted to final and binding confidential arbitration before a single arbitrator of the American Arbitration Association (“AAA”). Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party, within the time period set forth in subsection “d” above. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA, Consumer Arbitration Rules, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of this Agreement, the Privacy Policy, and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether any dispute or Claim is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or CAL.‍

7. Fees
   
   Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules.‍

8. Governing Law and Award
   
   The arbitrator shall follow the substantive law of the State of NEVADA without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

9. Enforceability
   
   This provision survives termination of your account or relationship with CAL, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

10. Miscellaneous
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    Failure or any delay in enforcing this arbitration provision in connection with any particular Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims except all Claims must be brought within the 1 year limitation period set forth above. This provision is the entire arbitration agreement between you and CAL and shall not be modified except in writing by CAL.

11. Amendments
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    CAL reserves the right to amend this arbitration provision at any time. Your continued use of the Website, or use or attempted use of a CAL services, constitutes your consent to such changes. CAL.
    
    YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A SERVICE ACCESSED ON OR THROUGH THE WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO US VIA CERTIFIED MAIL AT CA LABS, ATTN: LEGAL DEPARTMENT, 8076 W SAHARA AVE STE A, LAS VEGAS, NEVADA 8914. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY SERVICE OR PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE THE PRODUCT OR SERVICE. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.

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11. INDEMNIFICATION
    
    To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless CAL, its parent, subsidiaries, predecessors, successors and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of this Agreement, the documents they incorporate by reference, (2) your breach of any representations or warranties in this Agreement; (3) your use or distribution of the Submissions or Generated Materials, or (4) your violation of any law or the rights of a third-party.
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12. THIRD-PARTY WEBSITES AND LINKS
    
    Our Website may include materials from third-parties or links to third-party websites. We are not liable for any third-party materials or websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the applicable third-party.
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13. AI GENERATED SCRIPTS
    
    You may submit or post to and/or provide us, or any third party open source AI generative applications information, including without limitation, VSL scripts and other creative, basic information, product background, know-how, techniques, reviews, comments, testimonials, and suggestions associated with our Services (collectively, “Submissions”) and receive output generated and returned by such open source AI generative applications based on the Submissions (“Generated Materials”). Submissions and Output are collectively (“Content”).  
    
    As between the parties and to the extent permitted by applicable law, you own all Submissions, and acknowledge and agree that the use of our Services with any open source AI generative applications is done at your own discretion and risk.  Subject to your compliance with this Agreement, CAL hereby assigns to you all its right, title and interest in and to Generated Materials. This means you can use Generated Materials for any purpose, including commercial purposes such as sale or publication, if you comply with this Agreement. You are responsible for Content, including for ensuring that it does not violate any applicable federal or state laws or regulations, infringe upon, misappropriate, or violate the rights of any third parties, or this Agreement.  
    
    Generated Materials may not be unique across users and any open source AI generative application you choose to utilize may generate the same or similar output for CAL or a third party. Furthermore, due to the probabilistic nature of machine learning, use of open source AI generative applications may in some situations result in incorrect Generated Materials that do not accurately reflect real people, places, or facts. You must evaluate the accuracy of any Generated Materials as appropriate for your use case, including by using human review of the Generated Materials. CAL will not be liable in any way for any General Materials posted by you, including without limitation, (i) any errors or omissions in the content, (ii) any violations of the rights of any third parties, including intellectual property rights, (iii) any violation of applicable laws or regulations, (iv) any loss or damage of any kind incurred by you as a result of the use or display of any Generated Materials posted, e-mailed or otherwise transmitted; (v) any claims, demands, actions, suits, or legal proceedings of any kind brought against you by any third party arising out of or related to your use of our Services.
    
    In the event that you distribute or publish the Generated Materials, you represent and warrant that (i) all claims and other information contained within the Generated Materials are true, not misleading, and have reliable substantiation, (ii) the Generated Materials do not infringe, misappropriate or violate any person’s rights and (iii) the Generated Materials and distribution of Generated Materials complies with all applicable federal and state law, including without limitation advertising, consumer protection, and intellectual property law.
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14. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
    
    This Website maintains specific contact information provided below, including an email address, for notifications of claimed infringement regarding materials posted to this Website. All notices should be addressed to the following contact person:
    
    Notification of Claimed Infringement:
    CA Labs
    8076 W Sahara Ave Ste A
    Las Vegas, Nevada 89117
    
    Email: support@calabs.ai
    
    ‍‍You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
    
    In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or email address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
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15. ELECTRONIC COMMUNICATIONS
    
    You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
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16. ASSIGNMENT
    
    You may not assign any of your rights under this Agreement, and any such attempt will be null and void. CAL and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to this Agreement if some or all of CAL’s business is transferred to another entity by way of merger, sale of its assets or otherwise.
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17. NO WAIVER
    
    No waiver by CAL of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by CAL to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
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18. SEVERABILITY
    
    In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement. Such determination shall not affect the validity and enforceability of any other remaining provisions.
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19. TERMINATION
    
    ‍In the event that we terminate this Agreement, Sections [2-5], [8-11], [13-20], as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.
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20. ENTIRE AGREEMENT‍
    
    This Agreement, its terms, and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and CAL, and supersedes and replaces any prior or contemporaneous agreements. Any ambiguities in the interpretation of this Agreement or its terms shall not be construed against the drafting party.
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21. QUESTIONS OR ADDITIONAL INFORMATION‍
    
    If you purchased a product or service through the Website, please contact Customer Support by email.
    
    Email address: support@calabs.ai
    
    Address:
    CA Labs
    8076 W SAHARA AVE STE A
    LAS VEGAS , NV 89117
    United States

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