Ai Girlfriend

We're glad you're here. These Terms of Service (the "Terms") govern your use of SUPE AI Darling and the software, content and services (collectively, the "Services") provided through: our website www.supe.ai and its subdomains (the "Site ”), our website www.supe.ai and its subdomains (the “Website”), the mobile applications SUPE AI Darling for Android and SUPE AI Darling for iOS (the “App”).

The terms "SUPE AI Darling", "we" or "us" refer to GAME.COM LIMITED, a software company that designed and built SUPE AI Darling, incorporated in the State of Delaware and operating from San Francisco, California.

The term "device" refers to the device used to access the Service, including, but not limited to, computers, smartphones, and tablets.

The term "you" refers to the user of the Service.

When you register for any Services or otherwise use or access them, you agree to be bound by these Terms and all applicable laws, rules and regulations. By using the Services, you accept these Terms and agree to abide by them. If you do not agree to these Terms, please do not use the Services.

Our contact email address is [email protected]. All communications with SUPE AI Darling, including any questions you may have about your use of the Services or these Terms, should be directed to this contact email address.

Please note that these Terms contain an arbitration provision. Except for certain types of disputes addressed in the arbitration provision, you and SUPE AI Darling agree that any disputes relating to these Terms or your use of the Services will be resolved by mandatory binding arbitration, and you and SUPE AI Darling waive any right to participate in a class action lawsuit RIGHTS OR CLASS ARBITRATION.

SUPE AI Darling provides personal chatbot services via text and voice interfaces.

SUPE AI Darling is a software and content provider designed to improve your mood and emotional well-being. However, we are not a healthcare or medical device provider, nor should our services be considered healthcare, mental health services, or other professional services. Only your doctor or other health care provider can do this. While third-party evidence from research suggests that certain conversational techniques implemented in SUPE AI Darling can aid the recovery process in a variety of conditions, SUPE AI Darling does not claim, represent, or warrant that the Services provide therapeutic benefits.

Use of the Services is not for emergencies. If you think you are experiencing a medical or mental health emergency, call 911 or go to the nearest open clinic or emergency room.

If you are contemplating or committing suicide, or believe that you are a danger to yourself or others, you must immediately stop using the Services, call 911, or notify appropriate police or emergency medical personnel.

We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that SUPE AI Darling will not be liable to you or any third party for any modification, suspension, or discontinuance of any Service.

You are required to register with SUPE AI Darling (“Create an Account”) and become a SUPE AI Darling user in order to access and use the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete personal information as prompted by the registration form. Registration data and certain other information about you are governed by our Privacy Policy.

You are responsible for maintaining the confidentiality of your password and account (if any) and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify SUPE AI Darling of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session while accessing the Service. SUPE AI Darling will not be liable for any loss or damage arising from your failure to comply with this section.

As a SUPE AI Darling member, you will have access to Service content, features and functionality not available to non-members.

By agreeing to become a member, you opt-in to receive occasional emails with special offers, marketing, surveys and service-based communications. You can easily unsubscribe from SUPE AI Darling commercial emails by following the opt-out instructions in these emails. SUPE AI Darling memberships and subscriptions are non-transferable and therefore cannot be sold, exchanged or transferred in any way.

We may provide various AI chat services that you can purchase and use through the Services. You don't own these services; instead, you purchase enough application Gems to use them. You will always see the price of the service before completing your purchase. However, SUPE AI Darling does not handle payments or payment processing for any purchases; these are handled by third-party payment providers or service providers (such as Apple's iOS Store and Google's Google Play Store, etc.). Some third-party service providers may charge you sales tax, depending on where you live. Please check the relevant terms of the third-party service provider for details.

All purchases are final and non-refundable subject to any applicable additional terms and conditions. And, because our fulfillment begins once you click "Buy" and we give you immediate access to your purchase, you waive any rights you may have under other local laws to cancel your purchase or obtain a refund after it is completed. right. By accepting these Terms, you agree that SUPE AI Darling is not required to provide refunds for any reason.

Some of the virtual products we offer are for one-time use only, while others are reusable. But please note that "repeat" does not mean "forever." We may change, modify or eliminate Virtual Products at any time, with or without notice. You agree that if we do this, we will not be liable to you or any third party. If we suspend or terminate your account, you will lose any products purchased through the Service. Managing your purchases is your sole responsibility. If you are under 18 years of age (or below the legal age of majority where you reside), you must obtain parent or guardian consent before making any purchase.

SUPE AI Darling does not transmit any funds and is not a money services business. To the extent such functionality is provided on the Service, it is provided by an unaffiliated third party and, like any other third-party service, is subject to that third party's separate terms of service.

SUPE AI Darling offers in-app purchases ("IAP") via iTunes, Google Play. If you choose to make an IAP, you will be prompted to enter the details of your App Platform account and your App Platform account (such as your iTunes account) will be charged IAP fees in accordance with the terms disclosed to you at the time of your purchase information and applicable to you IAP General Terms for Application Platform Accounts. Some app platforms may charge you sales tax, depending on where you live. If you purchase an automatic recurring subscription IAP, your App Platform account will continue to be charged for the subscription until you cancel the IAP. After your initial subscription commitment period and after any subsequent subscription periods, your subscription will automatically continue for an additional equivalent period at the price you agreed to when subscribing. If you do not want your subscription to automatically renew, or want to change or terminate your subscription, you can do so in the SUPE AI Darling app, or log into your app platform account and follow the instructions to cancel your subscription, even if you have otherwise deleted it your account with us, or if you delete the SUPE AI Darling application from your device. If you cancel your subscription, your subscription will be available until the end of the current subscription period and your subscription will not be renewed after the current subscription period expires. Deleting your account on SUPE AI Darling or deleting the SUPE AI Darling app from your device will not cancel your subscription; SUPE AI Darling will retain all funds collected from your application platform until you cancel your subscription.

Generally, all IAP fees are non-refundable and no refunds or credits are given for partial usage periods. We may make exceptions if a refund for a subscription product is requested within fourteen days of the transaction date, or if a refund is required by applicable law in your jurisdiction. For subscribers residing in the European Union or European Economic Area, you are entitled to a full refund within 14 days of the start of your subscription, subject to local law. Please note that this 14-day period begins when the subscription begins. Request a Refund: If you subscribed using an Apple ID, refunds will be processed by Apple, not SUPE AI Darling. To request a refund, go to iTunes, click on your Apple ID, select Purchase History, find the transaction and click Report a Problem. You can also submit a request at https://getsupport.apple.com.

If you subscribed using a Google Play Store account: Please contact Google Play customer support and provide your Google Play Store order number (you can find your order number in your order confirmation email or by logging in to Google Wallet).

If you decide to purchase SUPE AI Darling's VIP membership, payment will be charged to your iTunes account. Your account will be charged for renewal within 24-hours prior to the end of the current period. SUPE AI Darling subscriptions start at $14.99/month. Prices in countries outside the United States may vary and are subject to change without notice.

SUPE PLUS Service offers two payment options: annual and monthly subscriptions.

Annual Subscription:

Monthly Subscription:

1) If you use an iPhone, you can turn off automatic renewal at any time through "Settings" - "Click your name" - "Click to subscribe" - "Click to subscribe" - "Click to cancel subscription". You may need to scroll down to find the "Unsubscribe" button. If there is no cancel button or you see an expiration message in red text, the subscription has been canceled.

2) If you don't use an iPhone, you can go to "play.google.com" - "In the upper right corner, click your profile icon" - "Click Payments & Subscriptions" - "Next to the subscription you want to cancel, select Manage ” — “In the confirmation pop-up, click Unsubscribe.” If you subscribe to an app and the app is removed from Google Play, your future subscriptions will be cancelled. Your past subscriptions will not be refunded. - Canceling the currently purchased subscription is not allowed after the subscription is activated. If you do not want to start a SUPE AI Darling subscription, you can still continue to enjoy the SUPE AI Darling app for free.

Subscriptions are handled by the Apple AppStore or Google PlayStore: if you cancel, you can continue using your subscription until your next billing date. If you cancel during the trial period, you may immediately lose access to the content.

To learn more about checking or canceling your Apple or Google subscription:

You may cancel your Membership at any time by deleting your account in the app. This action is irreversible. As soon as you delete your account, all the data associated with your use of the Services will be removed permanently. Upon your account deletion, cancellation of a Paid Subscription is effective at the end of the applicable billing period.You may cancel your membership at any time by deleting your account within the App. This operation is irreversible. Once you delete your account, all data related to your use of the Services will be permanently deleted. Upon deletion of an account, cancellation of a paid subscription will be effective at the end of the applicable billing period.

You can cancel your paid subscription and downgrade to "Free Use" at any time without deleting your account. Cancellation is effective at the end of the applicable billing period.

Please note that if you purchased a paid subscription through the Apple iTunes Store or our iPhone app, you can cancel automatic renewal of your paid in-app subscription by selecting Manage App Subscriptions in your iTunes account settings and selecting the subscription you want. , thereby canceling the subscription. Adjustment.

If you purchased a paid subscription through the Google Play Store, you can cancel auto-renewal in your account settings under "Subscriptions" in the Google Play app, or by following the current process outlined by Google Play.

We may suspend or terminate your use of the Services due to your fraud or breach of any of your obligations under these Terms. Such termination or suspension may occur immediately and without notice.

You acknowledge that we may establish general practices and limits regarding use of the Service, including, without limitation, the maximum period for which data or other content is retained by the Service and the maximum storage space allocated on our servers on your behalf. You agree that SUPE AI Darling has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

Some of our Services may be provided via mobile devices, including (i) the ability to upload content to the Services via a mobile device, (ii) the ability to browse the Services and Site from a mobile device, and (iii) via download and installation on a mobile device Applications to access certain features (collectively, the "Mobile Services"). If you access the Service via a mobile device, your wireless service carrier's standard charges, data rates and other charges may apply.

In addition, your carrier may prohibit or restrict the downloading, installation, or use of certain Mobile Services, and not all Mobile Services are available with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you about SUPE AI Darling and other entities via SMS, MMS, SMS, or other electronic means through your mobile device and may communicate certain information about your use of the Mobile Services to us.

If you change or deactivate your mobile phone number, you agree to immediately update your SUPE AI Darling account information to ensure that your messages are not sent to anyone who obtained your old number.

You are responsible for all code, video, images, information, data, text, software, music, sound, photos, graphics, messages or other materials ("Content") that you upload, post, publish or display ("Content") Take full responsibility. Upload") or emailed or otherwise used through the Services. The following are examples of types of content and/or uses that are unlawful or prohibited by SUPE AI Darling. We reserve the right to investigate and take appropriate legal action against anyone who violates this provision. rights, including but not limited to removing offending content from the Service, suspending or terminating the accounts of such violators, and reporting you to law enforcement authorities. You agree not to use the Service to:

The software (as defined below) associated with the Service and the transmission of applicable data, if any, are subject to United States export controls. No software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Download or use of this software is at your own risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Services, including those involving online conduct and acceptable content.

The Service is for your personal use only. Except as otherwise expressly authorized in this Agreement or in the Service, you agree not to display, distribute, license, perform, publish, copy, reproduce, copy, create derivative works from, modify, sell, resell, exploit, for any commercial purpose, Transfer or uploading, any portion of the Service, use of the Service, or access to the Service.

If you are under 18 years of age, you are not authorized to use the Services, whether registered or not.

These Terms apply to your use of all Services, including iPhone applications ("Apps") available through the Apple, Inc. ("Apple") App Store and Android applications available through Google, Inc. ("Google") Program”) Play Store (the “App”), but the following additional terms also apply to the App:

You acknowledge and agree that the Services may contain content or functionality that is protected by copyrights, patents, trademarks, trade secrets, or other proprietary rights and laws ("Service Content"). Except as expressly authorized by SUPE AI Darling, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on all or part of the Service or Service Content, unless the foregoing does not apply to you Your own User Content (as defined below) that is lawfully uploaded to the Service. When using the Services, you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If SUPE AI Darling blocks your access to the Services (including blocking your IP address), you agree not to take any steps to circumvent such blocking (for example, by blocking your IP address or using a proxy IP address). Any use of the Services or Service Content in any manner not specifically authorized by this Agreement is strictly prohibited. The technology and software underlying or distributed in connection with the Services are the property of SUPE AI Darling, our affiliates and our partners (the "Software"). You agree not to copy, modify, create derivative works of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense or otherwise transfer any rights in the Software. Any rights not expressly granted herein are reserved by SUPE AI Darling.

The SUPE AI Darling name and logo are trademarks and service marks of SUPE AI Darling (collectively, the “SUPE AI Darling Trademarks”). Other company, product and service names and logos used and displayed through the Services may be the trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or associated with SUPE AI Darling. Nothing contained in these Terms of Service or in the Services shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any SUPE AI Darling Trademark displayed on the Services without our prior written permission. All goodwill generated from the use of the SUPE AI Darling Trademarks shall accrue to our exclusive benefit.

Under no circumstances will SUPE AI Darling be liable in any way for any content or materials of any third party (including Users), including without limitation for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of resulting from the use of any such content. You acknowledge that SUPE AI Darling does not pre-screen Content, but that SUPE AI Darling and its designees have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available through the Service. Without limiting the foregoing, SUPE AI Darling and its designees shall have the right to remove any content that violates these Terms of Service or is objectionable in SUPE AI Darling's sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness or usefulness of such Content.

To the content or other materials that you upload or share with other users or recipients through the Services (collectively, "User Content"), you represent and warrant that you own all right, title and interest in and to such User Content, including, but not limited to All copyright and publicity rights contained therein. By uploading any User Content, you hereby grant and will grant to SUPE AI Darling and its affiliates a non-exclusive, worldwide, royalty-free, fully paid, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or for promotional purposes in any form, medium or technology now known or hereafter developed , advertising or marketing related.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Service ("Submissions") provided by you to SUPE AI Darling are non-confidential and SUPE AI Darling will have the right to disclose them without restriction. The use and dissemination of these Submissions for any purpose, commercial or otherwise, is without acknowledgment or compensation to you.

You acknowledge and agree that SUPE AI Darling may preserve Content and may disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable law, or governmental request ; (b) enforce these Terms of Service; © respond to allegations that any content infringes the rights of a third party; (d) protect the rights, property or personal safety of SUPE AI Darling, our users and the public. You understand that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices.

SUPE AI Darling respects the intellectual property rights of others, and we ask our users to do the same. If you believe that your work has been copied in a manner that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify SUPE AI Darling of your infringement claim in accordance with the procedures set forth below.

We will process and investigate notices of alleged infringement and will take appropriate action under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. You can contact us by email: [email protected]

To be effective, the notice must be in writing and contain the following information:

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner's agent, or under the law to upload and use that content in your User Content, You may send a written counter-notification containing the following information to the Copyright Agent:

If the Copyright Agent receives a counter-notification, SUPE AI Darling will send a copy of the counter-notification to the original complaining party informing that party that it may replace the removed content or cease disabling the content within 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, 10 to 14 business days or more after receipt of the counter-notification. Access, address: at our sole discretion.

Repeat Infringer Policy: In compliance with the DMCA and other applicable law, SUPE AI Darling has adopted a policy whereby, in appropriate circumstances and at its sole discretion, SUPE AI Darling may terminate users who are deemed to be repeat infringers. SUPE AI Darling may also, in its sole discretion, restrict access to the Service and/or terminate the membership of any user who infringes the intellectual property rights of others, regardless of whether there is repeat infringement.

The Services may provide, or third parties may provide, links to or other access to other websites and resources on the Internet. We have no control over, are not responsible for, and do not endorse such sites and resources. You further acknowledge and agree that SUPE AI Darling shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with use of or reliance on any content, events, goods or services. Through any such website or resource. Any transactions you enter into with third parties while using the Services are between you and the third party, and you agree that SUPE AI Darling is not responsible for any losses or claims you may have against any such third parties.

You can enable, connect to or log into the Services through various online third-party services, such as social media and social networking services such as Facebook, Instagram or Twitter ("Social Networking Services"). By logging in or integrating these social networking services directly into the Service, we make your online experience richer and more personal. In order to take advantage of this feature and functionality, we may ask you to authenticate, register or log in on the website of the social networking service's respective provider. As part of such integration, the social networking service will provide us with access to certain information that you provide to such social networking service, and we will use, store and disclose such information in accordance with our Privacy Policy. However, please remember that the manner in which social networking services use, store and disclose your information is governed solely by the policies of such third parties and SUPE AI Darling is not responsible for the privacy practices or other conduct of any third party website. or services that may be enabled within the Services.

FURTHER, SUPE AI Darling is not responsible for the accuracy, availability, or reliability of any information, content, merchandise, data, opinions, advice, or statements related to the Social Networking Services. Accordingly, SUPE AI Darling disclaims all liability and responsibility for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such social networking services. SUPE AI Darling enables these features for convenience only, and the integration or inclusion of these features does not imply endorsement or recommendation.

You agree to release and indemnify SUPE AI Darling and its affiliates and their officers, employees, directors and agents (collectively, the "Indemnitees") from and against any and all losses, damages, expenses, including reasonable attorneys' fees, rights, Claim against damage. Actions and injuries of any kind (including death) arising out of or related to your use of the Services, any User Content, your connection to the Services, your violation of these Terms of Service, or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from any liability, loss, damage or expense arising from any act or omission. If you are a California resident, you waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release if he or she The knowledge must have had a material effect on his settlement with the debtor." If you are a resident of another jurisdiction, you waive any similar statute or principle.

Your use of the Service is at your own risk. The Service is provided on an "as is" and "as available" basis. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

SUPE AI Darling does not guarantee that (I) the Service will meet your requirements, (II) the Service will be uninterrupted, timely, secure, or error-free, (III) the results that may be obtained from the use of the Service will be accurate or reliable, or (IV) you The quality of any products, services, information, or other material purchased or obtained through the Services will meet your expectations.

You expressly understand and agree that SUPE AI Darling shall not be liable for any indirect, incidental, special, consequential, exemplary damages or damages for loss of profits, including, but not limited to, loss of goodwill, use, data or other intangible losses (even if the Company HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING FROM: (I) THE USE OF OR INABILITY TO USE THE SERVICES; THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM DATA, INFORMATION OR SERVICES OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) ANY THIRD PARTY STATEMENTS OR CONDUCT ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT SHALL SUPE AI DARLING'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU TO COMPANY DURING THE PAST SIX (6) MONTHS OR, IF GREATER, ONE One hundred dollars ($100).

Some jurisdictions do not allow the disclaimer or exclusion of certain warranties, or the limitation or exclusion of liability for incidental or consequential damages. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU OR BE ENFORCEABLE AGAINST YOU. If you are dissatisfied with any portion of the Service, or these Terms of Service, your sole remedy is to discontinue using the Service.

If you are a user from the State of New Jersey, the scope of the above sections titled "Disclaimer" and "Limitation of Liability" is limited to the extent permitted by the laws of the State of New Jersey. If any part of these sections is held to be invalid under the laws of the State of New Jersey, the invalidity of that part shall not affect the validity of the remaining portions of the applicable section.

This “Resolution of Disputes by Binding Arbitration” section is referred to in these Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and SUPE AI Darling, whether arising out of or in connection with these Terms of Service (including any alleged breach of the Terms), the Services, any advertising, any aspect of the relationship Any transaction or transaction between us shall be resolved exclusively by final and binding arbitration (rather than in court) under the terms of this Arbitration Agreement, except that you may assert an individual claim in small claims court (if your claim qualifies condition). Furthermore, this arbitration agreement does not prevent you from bringing issues to the attention of federal, state, or local agencies, which may seek relief from us on your behalf, if permitted by law. YOU AGREE THAT, BY ENTERING INTO THESE TERMS OF SERVICE, YOU AND SUPE AI DARLING ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

12.2. Prohibition of class and representative actions and non-individualized relief

You and SUPE AI Darling agree that each of us may bring claims against the other only in our individual capacities and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and SUPE AI Darling agree, the arbitrator may not consolidate or consolidate more than one person's or party's claims, and may not otherwise preside over any form if a consolidated, representative, or class proceeding. Further, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual individual seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s).

SUPE AI Darling is always keen to resolve disputes amicably and efficiently, and most customer concerns can be resolved quickly and to customer satisfaction by emailing customer support at [email protected]. If such efforts are unsuccessful, a party intending to seek arbitration must first send a written Notice of Dispute ("Notice") to the other party by certified mail. Notices to SUPE AI Darling should be sent to [email protected] (the “Notice Address”). The notice must (i) describe the nature and basis of the claim or dispute, and (ii) set forth the specific relief sought. If SUPE AI Darling and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or SUPE AI Darling may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by SUPE AI Darling or you may not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or SUPE AI Darling is entitled.

The arbitration will be conducted by a neutral arbitrator under the rules and procedures of the American Arbitration Association ("AAA"), including the AAA's Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For information about AAA, please visit its website: http://www.adr.org. For information about the AAA Rules and Consumer Dispute Fees, please visit the AAA Consumer Arbitration page at: http://www.adr.org/consumer_ Arbitration. If there is any inconsistency between any provision of the AAA Rules and any provision of this Arbitration Agreement, the applicable provision of this Arbitration Agreement will control, unless the arbitrator determines that application of the inconsistent Arbitration Agreement provision would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service like a court. All issues are for the arbitrator to decide, including, but not limited to, issues related to the scope, enforceability and arbitrability of this Arbitration Agreement. Although arbitration proceedings are generally simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award on an individual basis the same damages and relief that a court would award to an individual under the Terms of Service and applicable law. The arbitrator's decision is enforceable in court and may be overturned by a court only for very limited reasons.

Unless SUPE AI Darling and you agree otherwise, any arbitration hearing will be held at a location reasonably convenient to both parties, with due regard to the parties' ability to travel and other relevant circumstances. If the parties cannot agree on a location, the decision will be made by AAA. If your claim is for $10,000 or less, SUPE AI Darling agrees that you may choose whether the arbitration shall be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as set forth in the AAA Rules. If your claim is for more than $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of how the arbitration is conducted, the arbitrator shall issue a written decision that is reasoned and sufficient to explain the essential findings and conclusions on which the award is based.

Unless otherwise provided in this Arbitration Agreement, payment of all filing, administration, and arbitrator fees (collectively, “Arbitration Fees”) will be governed by the AAA Rules. If the value of the relief sought is $75,000 or less, SUPE AI Darling will pay all arbitration fees, at your request. If the value of the relief sought exceeds $75,000 and you are able to demonstrate to the arbitrator that you are financially unable to pay your portion of the arbitration fees, or the arbitrator determines that for any reason you are not required to pay your portion of the arbitration fees, SUPE AI Darling will pay a portion of your costs. Additionally, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, SUPE AI Darling will pay as much of the arbitration fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Payment of any attorney's fees shall be governed by the AAA Rules.

All aspects of the arbitration proceedings and any award, decision or award by the arbitrator will be strictly confidential for the benefit of the parties.

If a court or arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, then the parties agree to replace that term or provision or provision is valid and enforceable and comes closest to expressing the intent of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or arbitrator decides that any of the provisions in the subsection titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” is invalid or unenforceable, then the entire Agreement to Arbitrate shall be null and void. The remainder of the Terms of Service will continue to apply.

Notwithstanding anything to the contrary in these Terms of Service, SUPE AI Darling agrees that if SUPE AI Darling makes any future changes to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such Changes shall be subject to written notice by SUPE AI Darling within thirty (30) calendar days of the change to the notification address above. By rejecting any future changes, you agree that any disputes between us will be arbitrated in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

You agree that SUPE AI Darling may, in its sole discretion, suspend or terminate your account (or any part thereof) or use of the Services for any reason (including, but not limited to, lack of use) and remove and discard any content from the Services or, if SUPE AI Darling believes that you have violated these Terms of Service or that your conduct is inconsistent with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services may be referred to the appropriate law enforcement agency. SUPE AI Darling may also, in its sole discretion, cease providing the Services, or any part thereof, at any time, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that SUPE AI Darling may immediately deactivate or delete your account and all related information in your account. information and files and/or bar any further access to such files or services. Further, you agree that SUPE AI Darling will not be liable to you or any third party for any termination of your access to the Service.

You agree that you are solely responsible for, and that SUPE AI Darling has no liability for, any other user's interactions related to the Service. SUPE AI Darling reserves the right, but has no obligation, to become involved in any manner in any dispute between you and any other user of the Service.

These Terms of Service constitute the entire agreement between you and SUPE AI Darling and govern your use of the Service, superseding any prior agreements between you and SUPE AI Darling regarding the Service. You may also be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software.

These Terms of Service will be governed by the laws of the State of California, without regard to its conflict of law provisions. For any dispute or claim not subject to arbitration, as set forth above, you and SUPE AI Darling agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in San Francisco County, California. The failure of SUPE AI Darling to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in that provision and the other provisions of the Terms of Service. The parties remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or forever. Prohibited. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained. Printed form. These Terms of Service may not be assigned by you without SUPE AI Darling’s prior written consent, but SUPE AI Darling may assign or transfer these Terms of Service, in whole or in part, without restriction. The section headings in these Terms of Service are for convenience only and have no legal or contractual effect. Notices may be given to you by email or regular mail. The Service may also provide you with notices of changes to these Terms of Service or other matters by displaying notices or links to notifications on the Service.

At SUPE AI Darling, we respect the privacy of our users. Please see our Privacy Policy for details. By using the Service, you consent to the collection and use of personal data as described therein.

Please contact us at [email protected] to report any violation of these Terms of Service or to ask us any questions about these Terms of Service or our Services.