Terms of Service

Last Updated 4/19/2023

IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.

1. Acceptance of Terms of Service

These AI Risk Database Terms of Service (“Terms”) are a binding legal agreement between you and Robust Intelligence, Inc. (“Robust Intelligence,” “we,”, “our,” or “us”). These Terms govern your access to and use of our AI Risk Database website at airisk.io (the “Site”), including any information made available on the website (collectively with the Site, the “Services”).

By using or otherwise accessing the Services or clicking to accept or agree to these Terms, you (1) accept and agree these Terms and (2) acknowledge that the collection, use, disclosure and other handling of information from the Services shall be as described in our Privacy Policy, and (3) agree to comply with all rules, policies, and disclaimers posted on the Services or about which you are notified.

All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Services in any manner, and each of your heirs, assigns, and successors. If you use the Services on behalf of an entity or another individual, you represent and warrant that you have the authority to bind that entity or individual, your acceptance of the Terms will be deemed an acceptance by that entity or individual, and “you” and ”your” herein shall refer to that entity, its directors, officers, employees, and agents.

PLEASE READ THE TERMS THOROUGHLY AND CAREFULLY. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE SERVICES.

2. The AI Risk Database

AI Risk Database is a tool for discovering and reporting the risks associated with public machine learning models. The database is specifically designed for organizations that rely on artificial intelligence, i.e. “AI,” for their operations, providing them with an overview of the risks and vulnerabilities associated with publicly available models.

Public machine learning models listed on the Services (each, a “Model”) are given a “Risk Overview” that is based on various factors such as (1) Model performance, generalization ability, and robustness to minor transformations; (2) security and privacy and its underlying dataset; (3) fairness of treatment among protected classes and subcategories in the data; and (4) user-submitted AI vulnerability reports (each a “Vulnerability Report”).

ANY MODELS IDENTIFIED ON THE SERVICES AND ANY RISK OVERVIEWS ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY AND PROVIDED ON AN AS-IS BASIS WITHOUT WARRANTIES OF ANY KIND. We do not endorse any Models or the content, products, or services available from third parties whose products may be referenced on the Services.

3. Modification of the Terms or the Services

Except for Section 14 providing for binding arbitration and waiver of class action rights, Robust Intelligence reserves the right, at its reasonable and sole discretion, to modify or replace these Terms at any time. You are responsible for reviewing and becoming familiar with any such modifications. If we determine a revision to the Terms, in our sole discretion, is material, we will notify you as required by law. Use of the Services by you after any modification to the Terms constitutes your acceptance of the Terms as modified. If you do not accept the changes, you must discontinue using the Services.

Robust Intelligence reserves the right at any time to modify, suspend, discontinue, or terminate, temporarily or permanently, the Services (or any part thereof), with or without notice. You agree that Robust Intelligence shall not be liable to you for any modification, suspension, or discontinuance of the Services.

4. Eligibility and Account Creation

Only individuals who are at least 18 years old and can form legally binding contracts under applicable law of their jurisdiction are permitted to access the Services. By accessing or using the Services, you represent and warrant that you are 18 or older and can form a binding contract with Robust Intelligence.

You may be required or have the opportunity to create an account (“Account”) to use parts of the Services, such as submitting a Vulnerability Report. You may be able to create an Account by linking a third-party account, such as a Github account (each a, “Third-Party Account”), to the Services. By creating an Account, you represent and warrant that any information to create your Account is accurate, current, and complete information, and you further agree to update information to keep it accurate, current, and complete. If you create an Account by linking a Third-Party Account, you further represent and warrant that you have rights to the information in the Third-Party Account, and you are authorized to provide such information from the Third-Party Account to Robust Intelligence. You further understand any information provided to us by the Third-Party Account shall be processed by Robust Intelligence in accordance with our Privacy Policy.

You are solely responsible for safeguarding your Account credentials. You are solely responsible for all activity that occurs on your Account, and we may assume that any communications, including Submissions (as defined below) we receive under your Account have been made by you. You must notify Robust Intelligence immediately of any breach of security or unauthorized use of your Account. Robust Intelligence will not be liable and you may be liable for losses, damages, liability, expenses, and lawyers’ fees incurred by Robust Intelligence or a third party arising from someone else using your Account due to your conduct regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your Account.

If Robust Intelligence has previously prohibited you from accessing or using the Services, you are not permitted to access or use the Services.

5. Vulnerability Reports and Other User Submissions

Submissions in accordance with our Privacy Policy. You further understand that Robust Intelligence has no obligation to consider, make available to users, or otherwise integrate your Vulnerability Reports or other Submissions into the Services, including any Risk Overviews for any Models. By providing a Vulnerability Report or any other Submission, you understand Robust Intelligence may at its discretion review and integrate that Vulnerability Report into the Services, including in Risk Overviews.

YOU FURTHER AGREE THAT YOU WILL ONLY PROVIDE VULNERABILITY REPORTS OR OTHER SUBMISSIONS THAT YOU WISH TO PUBLICLY SHARE AND THAT IN ANY CASE, YOU WILL NOT KNOWINGLY SUBMIT ANY SUBMISSIONS TO THE SERVICES THAT CONTAINS CONFIDENTIAL OR COMMERCIALLY SENSITIVE DATA OR PERSONAL DATA OF ANY INDIVIDUAL WITHOUT LAWFUL PERMISSION.

You grant to Robust Intelligence a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights, including the right to use, reproduce, display, edit, copy, modify, transmit, publicly perform, or create derivative works thereof, that you have in your Submissions, in any media now known or not currently known, with respect to any such Submissions. This license shall survive termination of the Services, these Terms, or your Account. Robust Intelligence does not claim ownership rights in your Submissions and nothing in these Terms will be deemed to restrict rights that you may have to use and exploit your Submissions.

To the extent Submissions are available on the Services, your access to such information and content will be solely at your own risk. Robust Intelligence is not liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. You acknowledge and agree that Robust Intelligence may or may not, in its sole discretion, pre-screen Vulnerability Reports before they are posted or integrated into the Services, but has no obligation to do so. Robust Intelligence reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit, or remove any Submissions, including but not limited to any Submission that violates these Terms or is otherwise objectionable. By using the Services, you understand that you may be exposed to Submissions that you may consider offensive or objectionable. We cannot control and have no duty to take any action regarding how you may interpret and use Submissions or what actions you may take as a result of Submissions, and you hereby release us from all liability to you for any and all Submissions.

Robust Intelligence has no responsibility or liability for the deletion of, or the failure to store or transmit, any Submissions.

6. Rules & Prohibitions

You agree you will not use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Robust Intelligence. Without limitation, you agree not to:

Create multiple Accounts or misrepresent your identity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Services;
Engage in any conduct that is fraudulent, inaccurate, infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of Robust Intelligence, its users, or any third party, including privacy rights, copyrights, or other intellectual property right;
Violate any federal, state, or local law, statute, ordinance, regulation, or ethical code;
Engage in any behavior that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing including, without limitation, submitting false Vulnerability Reports or other Submissions;
Submit any content, including through Vulnerability Reports, containing any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
Scrape, access, monitor, index, frame, link, or copy any content on the Services by accessing the Services in an automated way, using any robot, spider, scraper, web crawler, or using any method of access other than manually accessing the publicly-available portions of the Services through a browser or accessing the Services through any approved mobile application, application programming interface, or client application;
Decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services;
Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures we may use to prevent or restrict access to the Services or use of the Services or the content therein;
Attack, or attempt to attack the Services via a denial-of-service attack or a distributed denial-of service attack;
Violate the restrictions in any robot exclusion headers of the Services, if any, or bypass or circumvent other measures employed to prevent or limit access to the Services;
Engage in any activity that could cause us to violate any applicable law, statute, ordinance, or regulation;
Resell or make any commercial use of our system or the content on the Services without our prior written consent;
Use the Services in a way that violates or facilitates violations of these Terms, any other agreement or guidelines that govern use of the Services or attempt to do any of the foregoing directly or indirectly;
Transfer any rights granted to you under these Terms;
Obtain or use any content from the Services except as specifically permitted by the Services, use or attempt to use the Services to mine information in any way that could identify individual persons in their private capacity, attempt to access or misappropriate content contained in the Services, or otherwise use the Services for any purpose other than to review Models;
Access the Services or content to build a similar or competitive website, product, or service; or
Attempt to indirectly undertake any of the foregoing.

Robust Intelligence has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Robust Intelligence may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

7. Proprietary Rights

All right, title, and interest in and to the Services are and will remain the exclusive property of Robust Intelligence and its licensors. All materials therein, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all intellectual property rights related thereto, are the exclusive property of Robust Intelligence and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. You acknowledge that the Services have been developed, compiled, prepared, revised, selected, and arranged by Robust Intelligence and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of Robust Intelligence and such others.

Subject to your complete and ongoing compliance with these Terms, Robust Intelligence grants you a non-transferable, non-exclusive, revocable, limited license to access and use the Services. We reserve all rights not expressly granted to you by these Terms.

8. Feedback

By sending us any feedback, comments, questions, or suggestions concerning Robust Intelligence, the Services, or us (collectively, “Feedback”) you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against Robust Intelligence and its users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your Account, these Terms, the Services, or your participation in the Services.

9. Links to Third-Party Sites and Services

The Services may provide, or third parties may provide, links to other sites, applications, or resources. Because Robust Intelligence has no control over such sites, applications, and resources, you acknowledge and agree that Robust Intelligence is not responsible for the availability of such external sites, applications, or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Robust Intelligence shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.

T IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ANY MODEL, VULNERABILITY REPORT, RISK OVERVIEW, OR OTHER CONTENT AVAILABLE THROUGH THE SERVICES, FROM THIRD PARTIES OR OBTAINED FROM A LINKED SITE OR SERVICE.

10. Duration and Termination of Terms

Duration. The agreement between you and Robust Intelligence reflected by these Terms is effective when you access the Services (for example to create an Account) and remains in effect until either you or we terminate the agreement in accordance with these Terms. Termination by Users. Users may terminate their Account by written notice via e-mail to support@robustintelligence.com. Terminations typically will be effective within seven (7) business days after our receipt of your termination notice, at which time your Account will be closed and you will no longer enjoy access to your former Account.

Termination by Robust Intelligence. At any time, with or without notice, for any or no reason, Robust Intelligence reserves the right to modify or discontinue any portion or all of the Services, and to restrict, suspend, and terminate any user’s Account.

Survival. Sections 1, 3, and 5-16 of these Terms, and any other provisions that are necessary to effectuate those sections, shall survive termination.

11. Indemnity and Release

You agree to release and to indemnify, defend, and hold harmless Robust Intelligence and its parents, subsidiaries, affiliates, and agents, as well as the officers, directors, employees, shareholders, and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs), claims, actions, inquiries, or investigations of any kind whatsoever arising out of or resulting from your violation of these Terms, and any of your acts or omissions that implicate publicity rights, defamation, or invasion of privacy. Robust Intelligence reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Robust Intelligence in the defense of such matter.

In the event that you have a dispute with one or more other users, you release Robust Intelligence, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Services. If you are a California resident, you waive California Civil Code Section 1542, which provides:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.

12. Disclaimers

Neither Robust Intelligence nor its licensors or suppliers make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, functionality, copyright compliance, legality, suitability, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of Models or other content.

THE SERVICES AND ALL CONTENT CONTAINED WITHIN THE SERVICES, INCLUDING MODELS AND RISK OVERVIEWS, ARE PROVIDED TO YOU ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT THE SERVICES OR CONTENT THAT MAY BE OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE OR THAT THE QUALITY OF ANY INFORMATION OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. WE DO NOT WARRANT OR GUARANTEE THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL ROBUST INTELLIGENCE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S ACCESS, USE, OR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICES.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your access to or use of the Services or any third-party content or websites accessed through, or in any way in conjunction with, the Services.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ROBUST INTELLIGENCE, ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, JOINT VENTURERS, CONSULTANTS, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS LIMITATION OF LIABILITY APPLIES TO ANY ALLEGED OR ACTUAL LOSSES RESULTING FROM: (a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR ROBUST INTELLIGENCE IN VULNERABILITY REPORTS OR RISK OVERVIEWS; (c) ANY CONTENT, INCLUDING MODELS OR RISK OVERVIEWS, OBTAINED FROM THE SERVICES; AND (d) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR MODELS OR SUBMISSIONS.

THE SERVICES, INCLUDING THE CONTENT AVAILABLE WITHIN THE SERVICES, WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. THE LIMITATIONS ON DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN AND ARE MATERIAL TO ROBUST INTELLIGENCE’S DECISION TO ENTER INTO THE AGREEMENT BETWEEN ROBUST INTELLIGENCE AND YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY.

14. Arbitration and Class Action Waiver

PLEASE READ THIS “DISPUTE RESOLUTION” SECTION CAREFULLY, AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE OR PARTICIPATE IN A LAWSUIT FILED IN COURT.

a. Information Dispute Resolution Procedure

If a dispute arises between you and Robust Intelligence, we are committed to working with you to reach a reasonable resolution. For any such dispute, both parties acknowledge and agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or otherwise. This requires first sending a written description of the dispute to the other party. For any dispute you initiate, you agree to send the written description of the dispute along with the email address associated with your account, if any, to the following email address: support@robustintelligence.com. For any dispute that Robust Intelligence initiates, we will send our written description of the dispute to the email address associated with your Account. The written description must be on an individual basis and provide, at minimum, the following information: your name; a description of the nature or basis of the claim or dispute; and the specific relief sought. If the dispute is not resolved within sixty (60) days after receipt of the written description of the dispute, you and Robust Intelligence agree to the further dispute resolution provisions below.

The above process for an informal dispute resolution process is required before you may commence any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.

b. Mutual Arbitration Agreement

You and Robust Intelligence agree that all claims, disputes, or disagreements that may arise out of your access or use of the Services including without limitation (i) the content available within the Services such as Risk Overviews, Vulnerability Reports, and Models; (ii) these Terms (including its formation, performance, and breach); or (iii) that in any way relate to the provision or use of the Services, your relationship with Robust Intelligence, or any other dispute with Robust Intelligence, shall be resolved exclusively through binding arbitration in accordance with this Section 14 (collectively, the “Arbitration Agreement”). This includes claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with the notice and opt-out provisions set forth in Section 14(i). This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”) in all respects and evidences a transaction involving interstate commerce. You and Robust Intelligence expressly agree that the FAA shall exclusively govern the interpretation and enforcement of this Arbitration Agreement. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply.

Except as set forth in this Section 14, the arbitrator or arbitration body, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms and this Arbitration Agreement, including, but not limited to any claim that all or any part thereof are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator or arbitration body shall be empowered to grant whatever relief would be available in a court under law or in equity.

Notwithstanding the parties' decision to resolve all disputes through arbitration, each party retains the right to (i) elect to have any claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction, regardless of what forum the filing party initial chose; (ii) bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights“ in this context means patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights); and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a party's claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party's right to arbitration under this agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.

You and Robust Intelligence agree to submit to the personal jurisdiction of any federal or state court in California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator; and in connection with any such proceeding, further agree to accept service of process by U.S. mail and hereby waive any and all jurisdictional and venue defenses otherwise available.

Except as set forth in Section 14(c) below, if any provision of this Arbitration Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions thereof remain in full force and effect.

THE PARTIES UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE THE CLAIM, AND THAT RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY BE LIMITED IN ARBITRATION. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU AND ROBUST INTELLIGENCE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

c. Class Arbitration and Collective Relief Waiver

YOU AND ROBUST INTELLIGENCE ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS SET OUT OTHERWISE IN THIS SECTION 14(c), ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER CONSOLIDATED ACTION AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM, UNLESS ROBUST INTELLIGENCE PROVIDES ITS CONSENT TO CONSOLIDATE IN WRITING.

If there is a final judicial determination that this Section 14(c) is not enforceable as to a particular claim or request for relief, then the parties agree that that particular claim or request for relief may proceed in court but shall be severed and stayed pending arbitration of the remaining claims. This provision does not prevent you or Robust Intelligence from participating in a class-wide settlement of claims.

d. Arbitration Rules

The arbitration will be administered by National Arbitration and Mediation (“NAM”) and resolved before a single arbitrator. If NAM is not available to arbitrate, the parties will select an alternative arbitration provider, but in no event shall any arbitration be administered by the American Arbitration Association.

Except as modified by this “Arbitration Agreement“ provision, NAM will administer the arbitration in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer and the Mass Filing Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures governing or permitting class or representative actions. The applicable NAM rules and procedures are available at www.namadr.com or by emailing National Arbitration and Mediation’s Commercial Dept at commercial@namadr.com.

e. Initiating Arbitration

Only after the parties have engaged in a good-faith effort to resolve the dispute in accordance with the Informal Dispute Resolution Procedure provision, and only if those efforts fail, then either party may initiate binding arbitration as the sole means to resolve claims using the procedures set forth in the applicable NAM rules. If you are initiating arbitration, a copy of the demand shall also be emailed to support@robustintelligence.com. If Robust Intelligence is initiating arbitration, it will serve a copy of the demand to the email address associated with your Account or the email that Robust Intelligence has on file for you. The arbitrator has the right to impose sanctions in accordance with the NAM rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party's failure to comply with the Informal Dispute Resolution Procedure contemplated by this Arbitration Agreement.

f. Arbitration Location and Procedure

If you are a resident of the United States the arbitration will be conducted in the county where you reside, and if you are not a resident of the United States the arbitration shall be conducted in California, United States of America, unless you and Robust Intelligence otherwise agree or unless the designated arbitrator determines that such venue would be unreasonably burdensome to any party, in which case the arbitrator shall have the discretion to select another venue. If the amount in controversy does not exceed $10,000 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and Robust Intelligence submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which shall be via videoconference or telephone conference unless the parties agree otherwise.

Subject to the applicable NAM rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. Unless otherwise prohibited by law, all arbitration proceedings will be confidential and closed to the public and any parties other than you and Robust Intelligence (and each of the parties’ authorized representatives and agents), and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award (provided that the party seeking confirmation shall seek to file such records under seal to the extent permitted by law).

g. Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the applicable NAM rules and procedures. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum's rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with the terms of the “Limitation of Liability“ section of these Terms as to the types and the amounts of damages or other relief for which a party may be held liable. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Attorneys' fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration.

h. Fees

You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise. The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM’s Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.

i. Right to Opt Out of the Arbitration Agreement

IF YOU DO NOT WISH TO BE BOUND BY THE “ARBITRATION AGREEMENT” AS SET FORTH IN THIS SECTION 14, THEN: (1) you must notify Robust Intelligence in writing within thirty (30) days of the date that you first accessed or otherwise become subject to this Arbitration Agreement (or any subsequent changes to the provisions of the section titled “Arbitration and Class Action Waiver”); (2) your written notification must be mailed to 555 19th Street, San Francisco, CA 94107 or emailed to support@robustintelligence.com; and (3) your written notification must include (a) your name, (b) your address, and (c) a clear statement that you wish to opt out of this Arbitration Agreement. If you do not timely opt out of this Arbitration Agreement, such action shall constitute mutual acceptance of the terms of these “Arbitration and Class Action Waiver” provisions by you and Robust Intelligence.

j. Changes to this Arbitration Agreement

Robust Intelligence will provide thirty (30) days' notice of any changes affecting the substance of this Arbitration and Class Action Waiver section, including by posting the change on the Services, or providing any other notice in accordance with legal requirements. Any such changes will go into effect 30 days after Robust Intelligence provides this notice and apply to all claims not yet filed. If you reject any such changes by opting out of the Arbitration Agreement, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If Robust Intelligence changes this “Arbitration and Class Action Waiver“ section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you agree that your continued use of the Services 30 days after such change will be deemed acceptance of those changes. If you do not agree to such change, you may opt out by providing notice as described in Section 14(i).

15. Venue and Governing Law

For any dispute not subject to arbitration or under the jurisdiction of a small claims court, you and Robust Intelligence agree to submit to the personal and exclusive jurisdiction of any venue in the federal and state courts located in California. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.

The Terms and the relationship between you and Robust Intelligence shall be governed by the laws of the State California without regard to conflict of law provisions.

15. Venue and Governing Law

The Terms and the relationship between you and Robust Intelligence shall be governed by the laws of the State California without regard to conflict of law provisions.

16. General

Entire Agreement. These Terms (and any additional terms, contracts, rules, and conditions that Robust Intelligence may post on the Services) constitute the entire agreement between you and Robust Intelligence with respect to the Services and supersede any prior agreements, oral or written, between you and Robust Intelligence.

Waiver and Severability. If any provision(s) of the Terms is held by an arbitrator or court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and the other provisions shall remain in full force and effect. Robust Intelligence’s failure to exercise or enforce any of the Terms shall not constitute a waiver of Robust Intelligence’s right to exercise or enforce the Terms as to the same or another instance.

Assignment. You agree that Robust Intelligence may assign the Terms to any other entity of its choosing, with or without notice to you. You may not assign the Terms to any other party for any reason.

Section Titles. The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. This statute of limitations provision does not apply to residents of New Jersey.

Notice. Robust Intelligence may give notice by any means of communication reasonably anticipated to notify you of the information provided. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing or be delivered in a particular manner. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. By way of example only, such communication may be a general notice on the Services or via email to the email address listed on your Account. It is your obligation to update your Account information so that we may contact you as may be necessary. Such notice shall be deemed to have been given 48 hours after dispatch. If physical notice (e.g., US Mail) is used, then such notice shall be deemed to have been given 7 days after dispatch.

No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.

17. Contact Us

If you have questions about these Terms, please contact us at support@robustintelligence.com.