Terms of Use

These Terms of Use (“Terms”) apply to the use of the Objective website (“Website”), search platform (“Platform”), application programming interfaces (“APIs”), and other products and services described on the Objective Pricing Page (the Website, Platform, APIs, and other Objective products and services shall be referred to collectively as the “Service”). The Service is provided by Objective AI, Inc. (“Objective,” “we,” “us,” or “our”), and these Terms are a binding agreement between you, whether as an individual or an Organization (as defined below), as the user of the Service (“user,” “you,” or “your”) and Objective.

By (1) checking a box indicating your acceptance, (2) registering to use the Service, or (3) accessing or using the Service, you agree to be bound by these Terms and all other policies, procedures, and rules that we may publish, as well as any additional terms and conditions which we and you may agree to in writing. If you are accepting these Terms on behalf of your employer or organization (“Organization”), you represent and warrant that you have the authority to bind your Organization to these Terms, and the terms “you” and “your” as used in these Terms shall include your Organization. If you are an Organization, you shall ensure that your users comply with these Terms. If you have entered into a separate Enterprise Subscription Agreement with Objective for a subscription to the Service (an “ESA”), then the ESA, not these Terms, will govern your use and access to the Service.

NOTICE: THESE TERMS CONTAIN AN ARBITRATION PROVISION UNDER WHICH YOU ARE OBLIGATED TO LITIGATE CLAIMS IN A PRIVATE ARBITRATION RATHER THAN IN COURT, UNLESS YOU OPT OUT AS SPECIFIED IN SECTION 16. YOU FURTHER WAIVE THE RIGHT TO A TRIAL BY JURY AND TO BRING ANY CLAIMS IN A REPRESENTATIVE ACTION OR AS A CLASS ACTION.

1. Description

Users can access our Service either directly through our Website or through our APIs to configure and connect their website and mobile applications (“User Applications”) to our Service. Our Platform collects data added by you, and other data from such User Applications, including, but not limited to, search queries and other activities by customers or end users of the User Applications and feedback from such customers and end user (collectively, “Search Data”). Our Platform analyzes the Search Data, using artificial intelligence and machine learning models, to (a) provide responses to search requests and optimizations for User Applications, and (b) train and improve our products and services.

2. Changes

The Service may evolve and change over time. For this reason, we may at any time and for any reason modify, amend, or vary these Terms (collectively, “Changes”), including, but not limited to, to cover new features in the Service or to comply with changes in the law. Changes will be effective: (i) thirty (30) days after Objective provides notice of the Changes, whether such notice is provided through the Service user interface, is sent to the email address associated with your Account or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes, whichever comes first. If you do not agree to the Changes, you may terminate these Terms and receive a pro rata refund of any Fees you prepaid for access to the Service during the period following such termination.

3. Eligibility and Registration

You must be at least 13 years of age to access and use the Service. If you are entering these Terms on behalf of an Organization, that Organization must be duly organized and in good standing in its state or country of formation to use the Service. You further affirm that (a) you are not a resident of or domiciled in (or will use the Service in) a country that the U.S. government has embargoed for use of the Service, nor are you named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning regulations or any country where accessing and using the Service violates applicable laws; and (b) you are fully able and competent, or if applicable, have the consent of your parent or legal guardian, to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. If you are entering these Terms on behalf of an Organization, you represent and warrant that you are duly authorized to bind the Organization to these Terms.

You must set up an account (“Account”) to access and use the Service. You agree to provide complete and accurate information when registering to use the Service and to keep that information updated. You are responsible for maintaining the confidentiality of your username and password (“User Credentials”) and for notifying us immediately of any loss or unauthorized use of your User Credentials. You are responsible for all activities on your Account whether authorized or not.

You represent that:

you own or control the necessary rights in and to the Search Data and any other keywords, content, information, data (including personal information and business data), designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works, and any other materials (collectively, “User Content”) that is provided to the Service or on or through the User Applications;
you will fully comply with all applicable laws and agreements that govern your use of the Service; and
you will not use the Service in violation of any law or for any fraudulent or illegal activity.

4. Fees and Service Tiers

The fees for the Service (“Fees”) are stated on the Objective Pricing Page, unless you and Objective otherwise agree in writing. Objective may revise the Fees at any time. If Objective revises the Fees for a Service that you are currently using, Objective will notify you at least 30 days before the revised Fees apply to you. You agree to provide us with a valid credit card and authorize us to charge your credit card the amount of Fees owed until you terminate your subscription to the Service. As applicable, subscriptions will automatically renew each month or other subscription period unless you notify us of your intent to cancel before the end of the application subscription period. If you fail to pay Fees, we may terminate or suspend your access to the Service until you pay such Fees.

Your access to the Service is limited to the rate limitations set forth in the service tier for the Service you have selected in your Account (the “Service Tier”). More information on available Service Tiers and associated limits can be found on the Objective Pricing Page. If your use of the Service exceeds these limits, then Objective may either (1) charge your payment method for any excess at the amounts set forth on the Objective Pricing Page or (2) terminate your access to the Service. Additionally, your use of the Service will be rate limited to match the rate limitations specified by your Service Tier. You may upgrade or downgrade your Service Tier at any time by selecting a different Service Tier on your Account. In such case, (a) Objective will charge your payment method for the monthly fees for the updated Service Tier, prorated at the updated price to the remaining days in the billing period, (b) your applicable rate limits will be changed to the updated Service Tier.

5. Access, Updates, and Deletion of Accounts/Equipment

You may access, update, or delete your Account with us at any time. If you delete your Account, you will no longer be able to access or use the Service. We will also delete the information contained in your Account in our systems except to the extent we need to retain such information to comply with applicable laws or accounting requirements. If you want to exercise your right to access, update, or delete your personal information, please see our Privacy Policy or contact us at [email protected].

You are solely responsible for the operation and maintenance of the User Systems and for having and paying for all equipment and internet access necessary to access and use the Service. “User Systems” means the servers, networks, mobile devices, personal computers, or other equipment that you own, operate, or manage and use to access the Service.

6. What Data Do We Collect and What We Do With Your Data?

As noted in our Privacy Policy, we may track certain information about your devices and your use of the Service to, among other things, help us provide and improve the Service. This information includes information about user’s movements and behaviors online using our Service, demographic information and contact information (name, bio, work title, email, phone, and home and business address). We use your personal information in accordance with our Privacy Policy.

In addition, our Service is used to collect personal information, including Search Data, from users of your User Application (collectively, “Customer Data”). You are responsible for providing all notices and obtaining all consents necessary for us to use Customer Data in accordance with these Terms, including, but not limited to, providing the Service and training our AI Models. We process the Customer Data in accordance with our Data Processing Addendum, which is incorporated into and made a part of these Terms.

7. License

Provided you are complying with these Terms, Objective hereby grants you a non-exclusive, non-transferable, revocable license to use the APIs solely to access and use the Service (“User License”). All other rights in the Service are reserved by Objective. In the event of your breach of these Terms, we will be entitled to terminate the User License immediately with or without notice.

8. Intellectual Property and Feedback

“Objective” and any associated logos are the trademarks of Objective AI, Inc. (“Objective Trademarks”). All right, title, and interest, including all intellectual property rights, in the Platform, APIs, Service, AI Models, and Resultant Data (collectively, “Objective IP”) are owned by Objective AI, Inc. Other trademarks, service marks, graphics, and logos used in connection with the Service are the trademarks of their respective owners. The Objective IP may not be copied, imitated, or used, in whole or in part, without the prior written permission of Objective. The Objective IP is protected by copyright, trademark, patent, and other intellectual property and proprietary rights, which are reserved to Objective and its licensors.

You may provide suggestions, comments, or other feedback (“Feedback”) to Objective with respect to the Service. All Feedback is entirely voluntarily and shall not create any confidentiality obligation for Objective. You hereby grant Objective a non-exclusive, worldwide, perpetual, irrevocable, sublicensable (through one or more tiers of sublicensees), transferrable, royalty-free, and fully paid-up license to use, reproduce, distribute, create derivative works of, perform, display, make, have made, sell, offer for sale, and otherwise exploit Feedback without restriction.

9. User Content and Resultant Data

The Service provides search capabilities for your User Applications. To provide the Service, you grant to Objective the worldwide, perpetual, irrevocable, fully transferable, fully paid up, and royalty-free right and license to:

(a) Collect, analyze, store, and retain Customer Data and User Content from the User Application;

(b) Train our and our service providers’ artificial intelligence and large language learning models using the Customer Data and User Content (“AI Models”); and

(c) Use search queries, Customer Data, and User Content in connection with the Service, including reproducing, analyzing, distributing, publishing, modifying, publicly displaying, and making derivative works of your User Content and Customer Data as necessary to provide the Service.

In addition, you agree that we shall have the right to collect and analyze data and other information relating to the provision, use, and performance of various aspects of the Platform, APIs, and Service and related systems and technologies (including, without limitation, User Content and Search Data) (collectively, “Resultant Data”) and we will be free (during and after the term of these Terms or your use of the Service) to (i) use such Resultant Data to improve and enhance the Service, for training our and our service providers’ artificial intelligence and machine learning models, and for other development, diagnostic, and corrective purposes in connection with the Service and other Objective products, services, and offerings; and (ii) disclose such Resultant Data solely in aggregate form or in a form that does not identify you or any end user or consumer. Objective may authorize its third-party service providers (such as cloud hosting services providers or LLM providers) to access, use, and process User Content and Customer Data in connection with providing the Service to you and improving the Service as described above.

10. Prohibited Uses

You agree not to use the Website, Platform or Service in any way, provide User Content, or engage in any conduct that:

is unlawful, illegal, or unauthorized;
is defamatory of any other person;
is obscene, sexually explicit, or offensive;
advertises or promotes any other product or business;
is likely to harass, upset, embarrass, alarm, or annoy any other person;
is likely to disrupt our service in any way;
promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
infringes any copyright, trademark, trade secret, or other proprietary right of any other person; or
advocates, promotes, or assists any violence or any unlawful act.

You further agree not to:

modify, adapt, or translate the APIs, Platform, or Service or attempt to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the APIs, Platform, or Service;
remove any copyright notice, trademark, legend, logo, or product identification from the Platform, APIs, or Service;
sell, resell, license, sublicense, distribute, rent, or lease any part of the Platform, APIs, or Service or provide any third party with access to the Platform, APIs, or Service;
access or operate the Platform, APIs, or Service as part of a service bureau;
perform any competitive analysis of the Service or use the Service to build a competitive product or service;
disclose to any third party any results of any benchmark or other performance tests of the Service without written permission from Objective;
publish and/or make any use of the Website, Platform or Service on any website, media, network, or system other than those provided by us, and/or frame, “deep link,” “page scrape,” mirror, and/or create a browser or border environment around any of the Website, Platform or Service (or any part thereof);
use any “robot,” “spider,” or other automatic device, program, script, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website, Platform or Service (or any of its data), or in any way reproduce or circumvent the navigational structure or presentation of any of the Website Platform or Service to obtain or attempt to obtain any materials, documents, services, or information through any means not purposely made available through the Website, Platform or Service;
purchase search engine or other pay-per-click keywords (such as Google AdWords), or domain names that use our name or the Objective Trademarks and/or variations and misspellings thereof;
impersonate any person or entity or provide false information on the Website, Platform or Service, whether directly or indirectly, or otherwise disguise your identity or the origin of any message or transmittal you send to us and/or any of our other visitors or users;
falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that we or any third party endorse you, or any statement you make;
reverse look-up, trace, or seek to trace another user of the Website, Platform or Service, or otherwise interfere with or violate any other user’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Website, Platform or Service without their express and informed consent;
disable, circumvent, bypass, or otherwise avoid any measures used to prevent or restrict access to the Website, Platform or Service or the Account of another user or any other systems or networks connected to the Website, Platform or Service, by hacking, password mining, or other illegitimate or prohibited means;
probe, scan, or test the vulnerability of the Website, Platform or Service or any network connected to the Website, Platform or Service;
upload to the Website, Platform or Service or otherwise use them to design, develop, distribute, and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
take any action that may impose an unreasonable or disproportionately large load on the infrastructure of the Website, Platform or Service or our systems or networks connected to the Website, Platform Service, or otherwise interfere with or disrupt the operation of the Website, Platform or Service, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks; or
use the Website, Platform, or any of the Service in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters,” “pyramid schemes,” or similar conduct, or otherwise engage in unethical marketing or advertising.

We reserve the right, but do not have the obligation, at our sole discretion to edit, delete, remove, or block any User Content that violates these Terms, including without limitation this Section 10. In addition, we reserve the right, at our sole discretion, to terminate any user’s access to the Website, Platform, and the Service if the user violates this Section 10 or any other provision of these Terms.

11. Third-Party Links

The Website, Platform and Service may contain links to other websites, databases, networks, servers, information, software, programs, systems, directories, applications, products, or services (collectively “External Applications”) for your convenience. We are not responsible for the External Applications’ content, operation, or use. Your use of External Applications is subject to the privacy practices and terms of use established for the External Applications and we disclaim all liability for such use. You are solely responsible for reviewing any terms of use, privacy policy, or other terms governing your use of these External Applications, which you use at your own risk.

12. Indemnification

You agree to defend, indemnify, and hold harmless Objective, its affiliates, and its and their officers, directors, employees, and agents (collectively, “Indemnitees”) against any lawsuit, liability, injuries, costs, judgments, losses, fines, damages, or expenses (including attorneys’ fees) arising from your use of the Website, Platform and Service, the Search Data, your User Content, or your breach of these Terms. You may not enter any settlement that imposes any liability on us or affects our rights or obligations without our prior written consent. The Indemnitees reserve the right to control the defense and settlement of any third-party claim for which you indemnify Indemnitees under these Terms, and you will assist us in exercising such rights.

13. Disclaimer of Warranties

WE PROVIDE THE WEBSITE. PLATFORM, APIS, AND SERVICE ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS WITHOUT ANY PROMISES OR REPRESENTATIONS, EXPRESS OR IMPLIED. IN PARTICULAR, OBJECTIVE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE VALIDITY, ACCURACY, RELIABILITY, OR AVAILABILITY OF THE WEBSITE, PLATFORM OR SERVICE OR THE SEARCH DATA OR ANY OTHER INFORMATION OR DATA PROVIDED THROUGH THE WEBSITE, PLATFORM AND SERVICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OBJECTIVE HEREBY EXCLUDES ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE WEBSITE, PLATFORM, SERVICE, OR APIS ARE OF SATISFACTORY QUALITY, NON-INFRINGING, FREE OF DEFECTS, OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THE WEBSITE, PLATFORM, APIS, OR SERVICE BY YOU IS IN COMPLIANCE WITH LAWS OR THAT ANY INFORMATION THAT YOU TRANSMIT IN CONNECTION WITH THE WEBSITE, PLATFORM, APIS, OR SERVICE WILL BE SUCCESSFULLY, ACCURATELY, OR SECURELY TRANSMITTED.

14. Limitation of Liability

NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER OBJECTIVE NOR ANY OF THE INDEMNITEES ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE WEBSITE, PLATFORM, APIs, OR SERVICE, AND/OR ANY EXTERNAL APPLICATION, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THE WEBSITE, PLATFORM, APIs, OR SERVICE IS TO STOP USING THE WEBSITE, PLATFORM, APIs, OR SERVICE, AS APPLICABLE.

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, YOU AGREE THAT THE ENTIRE LIABILITY OF ANY INDEMNITEE TO YOU OR ANY THIRD PERSON, AND THAT YOUR OR ANY THIRD PERSON’S EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE, PLATFORM, APIs, AND SERVICE PROVIDED UNDER THESE TERMS AND/OR FOR ANY BREACH OF THESE TERMS IS SOLELY LIMITED TO THE FEES PAID BY YOU TO US IN THE 12-MONTH PERIOD PRIOR TO THE ASSERTION OF THE CLAIM OR $500, WHICHEVER IS GREATER.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

15. Governing Law

These Terms shall be governed by the laws of the State of California, without regard to its choice of law principles. In the event arbitration does not apply, we and you irrevocably submit to the jurisdiction of the state and federal courts of the City and County of San Francisco, California for any Dispute (as defined in Section 16) arising out of or relating to these Terms. You further agree that you must submit any Dispute to arbitration under Section 16 or to court under this Section 15, as applicable, no later than one year after such Dispute arose or be forever barred.

16. Dispute Resolution

We want to resolve amicably any claims or concerns you may have regarding the Service. Therefore, before either you or we can initiate a legal action for a Dispute, unless it is for injunctive relief, you and we shall first attempt to contact the other party to discuss a resolution. You can reach us by sending an email to the email address below. We will contact you at the email address in your Account.

If we cannot resolve the matter amicably, unless you have opted out as set forth above, you and we agree that any dispute, claim, or controversy between you and us arising in connection with or relating in any way to these Terms or the Website, Platform, APIs, or the Service (“Dispute”) will be determined by mandatory binding individual (not class) arbitration. You and Objective further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this arbitration provision or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of these Terms.

You and Objective both agree that nothing in this Disputes Resolution provision will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court; (2) bring an individual action seeking only temporary or preliminary, individualized injunctive relief in a court of law, pending a final ruling from the arbitrator; or (3) any claim by Objective in a court of law for violation of its intellectual property rights. In addition, this arbitration provision does not stop you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).

Either you or we may start arbitration proceedings. Any arbitration between (a) an individual consumer and Objective will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force, and (b) an Organization and Objective under the AAA Commercial Arbitration Rules then in force (collectively, the “AAA Rules”), as modified by this Dispute Resolution provision. You and Objective agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, are available at adr.org, or you may call the AAA at 1-800-778-7879.

Any arbitration hearings involving an individual consumer will take place in the county of your residence address, provided that if the claim is for $25,000 or less, you or Objective may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; or (2) through a non-appearance based telephonic hearing. Any arbitration hearings involving an organization shall take place in the City and County of San Francisco, California.

The parties will pay filing and arbitrator fees in accordance with the AAA Rules.

Regardless of the way the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits.

If this arbitration provision is invalidated, in whole or in part, the parties agree that the exclusive jurisdiction and venue described in Section 15 shall govern any claim in court arising out of or related to the Terms.

OPT-OUT OF ARBITRATION: An individual consumer may opt out of the binding arbitration described in this section by sending Objective written notice of your desire to do so by email at [email protected] or regular mail at 660 York St STE 4, San Francisco CA 94110 within thirty (30) days following the date you first use our Service, whichever occurs first (such notice, an “Arbitration Opt-out Notice”). If you do not provide Objective with an Arbitration Opt-out Notice within the 30-day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute in court, except as expressly set forth above. Organizations shall not have the right to opt out of arbitration.

17. Mass Action Waiver

You and Objective expressly waive the right to have any Dispute brought, heard, administered, resolved, or arbitrated as a mass action, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any mass action or to award relief to anyone but the particular individual who initiates the claim to be arbitrated. The parties also expressly waive the right to seek, recover, or obtain any non-individual relief. The parties agree that the definition of a “Mass Action” includes, but is not limited to, instances in which you or Objective are represented by a law firm or collection of law firms that has filed 50 or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on your or Objective’s behalf, and the law firm or collection of law firms seeks to simultaneously or collectively administer and/or arbitrate all the arbitration demands in the aggregate. Notwithstanding anything else in these Terms or this Dispute Resolution provision, this Mass Action Waiver does not prevent you or Objective from participating in a mass settlement of claims.

Notwithstanding any provision to the contrary in AAA Rules, the arbitrator shall be empowered to determine whether the party bringing any claim has filed a Mass Action in violation of the Mass Action Waiver. Either party shall raise with the arbitrator or arbitration provider such a dispute within fifteen (15) days of its arising. If such a dispute arises before an arbitrator has been appointed, the parties agree that (i) a panel of three arbitrators shall be appointed to resolve only disputes concerning whether the party bringing any claim has filed a Mass Action in violation of the Mass Action Waiver, each party shall select one arbitrator from the arbitration provider’s roster to serve as a neutral arbitrator, and those two arbitrators shall appoint a third neutral arbitrator (in the event that the parties’ arbitrators cannot agree on a third arbitrator, the arbitration provider will select the third arbitrator); (ii) Objective shall pay any administrative fees or costs incidental to the appointment of Arbitrators under this Mass Action Waiver provision, as well as any fees or costs that would not be incurred in a court proceeding, such as payment of the fees of the arbitrators, as well as room rental; (iii) the arbitrators shall issue a written decision with findings of fact and conclusions of law; and (iv) any further arbitration proceedings or assessment of arbitration-related fees shall be stayed pending the arbitrators’ resolution of the parties’ dispute. If the arbitrator or panel of arbitrators determines that a party has violated the Mass Action Waiver, then, in addition to any other available remedies, the other party shall have the opportunity to opt out of arbitration within thirty (30) days of the arbitrator’s or panel of arbitrator’s decision.

18. Class Action Waiver

NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS EVEN IF THE DISPUTE OR DISPUTES THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless all parties to the arbitration consent in writing, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of such parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than all parties to the arbitration, or resolve any Dispute of anyone other than any such party; nor (b) make an award for the benefit of, or against, anyone other than any such party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this specific paragraph, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable.

The parties further agree that if for any reason a claim does not proceed in arbitration, this Class Action Waiver shall remain in effect, and a court may not preside over any action joining, coordinating, or consolidating the claims of multiple individuals against Objective in a single proceeding, except that this Class Action Waiver shall not prevent you or Objective from participating in a class-wide, collective, and/or representative settlement of claims. If this Section 18 is held unenforceable in its entirety, then the entirety of Sections 16, 17, and 18 hereof will be deemed void. Except as provided in the preceding sentence, Sections 16, 17, and 18 will survive any termination of these Terms.

19. Termination

These Terms are effective unless and until terminated by Objective. You may discontinue any further use of the Website, Platform, APIs, and Service, but these Terms will continue to apply to your use of the Platform, APIs, and Service prior to such discontinuance. We also may terminate or suspend these Terms, at any time, without notice and accordingly deny you access to the Website, Platform, APIs, and Service, for any reason, including without limitation, if at our sole discretion you fail to comply with any provision of these Terms or your use is harmful to the interests of another user of the Website, Platform, APIs, or Service. Upon any termination of the Terms by either you or us, you must promptly cease using the Website, Platform, APIs, and Service. Sections 4, 8, 9, and 10 through 22 will continue to apply even after termination or suspension of the Terms, Website, Platform, APIs, or Service. If we terminate your access to the Service without cause, we will provide you with a pro rata refund of any Fees you prepaid for access to the Service during the period following such termination.

20. Intellectual Property Claims

We respect the intellectual property rights of others and require that users of our Service do the same. In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent can be reached at [email protected]. To be sure the matter is handled immediately, your written notice must:

Contain your physical or electronic signature;
Identify the copyrighted work or other intellectual property alleged to have been infringed;
Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent, or the law;
Contain a statement that the information in the written notice is accurate; and
Contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.

Unless the notice pertains to copyright or other intellectual property infringement, the Designated Agent will be unable to address the listed concern.

21. Submitting a DMCA Counter-Notification

We will notify you that we have removed or disabled access to copyright-protected material that you provided if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our Designated Agent with a written counter-notification that includes the following information:

Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled because of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address, and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

We reserve the right, in our sole discretion, to terminate the Account or access of any user of the Service who is the subject of repeated DMCA or other infringement notifications.

22. General

Unless you have entered into an ESA with Objective, these Terms, including the Privacy Policy and other policies incorporated herein, constitute the entire and only agreement between you and Objective with respect to the subject matter of these Terms, and supersede any and all prior or contemporaneous agreements, representations, warranties, and understandings, written or oral, with respect to the subject matter of these Terms. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms may not be changed, waived, or modified except by Objective as provided herein or otherwise by written instrument signed by Objective. Neither these Terms nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sublicensable by you except with Objective’s prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. Objective may assign, transfer, or delegate these Terms or any right or obligation or remedy hereunder in its sole discretion. You may not remove or export from the United States or allow the export or re-export of the Service or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. To the extent applicable, the Service is “commercial computer software” or a “commercial item” for purposes of FAR 12.212 for and DFARS 227.7202. Use, reproduction, release, modification, disclosure, or transfer of the Service is governed solely by these Terms, and all other use is prohibited. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

23. Contact Us

If you have any questions regarding our Website, Platform or Service, you can email us at [email protected].