Terms of Service
Last modified: October 1, 2026
Seltz, Inc. (“Seltz”, “we”, “us”, or “our”) has made these Terms of Service (the “Agreement”) available to explain the terms and conditions by which you may access and use (a) Seltz’s products and services, including any API made available by Seltz, (b) https://seltz.ai, and (c) other related products and services that link to this Agreement (collectively, the “Platform”). If you have entered into a separately executed master services agreement, order form, or other written agreement with Seltz (collectively, an “MSA”), the terms of that MSA will control over this Agreement in the event of a conflict.
You must read this Agreement carefully as it governs your use of the Platform. By accessing or using the Platform, you signify that you have read, understand, and agree to be bound by this Agreement in its entirety. If you do not agree, you are not authorized to access or use our Platform and should not use our Platform.
For purposes of this Agreement, “you” or “your” means you as a user of the Platform. If you are entering into this Agreement on behalf of a company, business or other legal entity, you represent that you have the authority to bind such an entity to this Agreement, in which case the terms “you” or “your” shall refer to such entity.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SELTZ ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
Seltz Platform
Our Platform. Seltz provides a search and data retrieval platform that allows you to query, access, and retrieve structured text-based information and content (“Output”) from publicly available and third-party sources (“Third-Party Data”) based on search queries, prompts, or other inputs you submit to the Platform (“User Input”). We are constantly improving the Platform. You agree and acknowledge that the Platform is subject to modification and change, including but not limited to the format, structure, or composition of Output, the algorithms and methods used to generate the Output, and the features available to you.
Registration. In order to use certain portions of the Platform, you must register an account by providing us with your name, email, and other information requested in our registration form. You agree to provide us with complete and accurate registration information. You may not attempt to impersonate another person in registration. You agree to be responsible for the security of your account. You accept that you are solely responsible for all activities that take place through your account. If you have an administrative user, such user may invite other authorized users to use the Platform. Each user of the Platform may only have one account.
No Minors Permitted. Our Platform is not intended for minors under the age of 18. If you are a minor under the age of 18, please do not register for our Platform or send any personal information to us. If you have reason to believe that a minor under the age of 18 is using our Platform, please let us know immediately at support@seltz.ai and we will seek to revoke access and delete any associated information as quickly as possible.
Additional Policies. You agree and acknowledge that your use of the Platform is subject to our Privacy Policy available at https://seltz.ai/privacy-policy.
Usage Requirements
Use of Platform. You may access, and we grant you a non-exclusive right to use, the Platform in accordance with this Agreement. If you make the Platform or any Output available to third parties or end users (“End Customers”) as part of your products or services, you are responsible for such End Customers’ use and for all acts and omissions of such End Customers, and must ensure that you enter into a binding written agreement with each End Customer that contains terms that are no less protective of Seltz as the applicable provisions of this Agreement.
User Input. You are responsible for all User Input you provide to the Platform and grant Seltz a non-exclusive right (with the right to sublicense to Seltz’s service providers) for Seltz to use such User Input to provide the Platform and as required to comply with applicable laws and enforce our policies. You agree not to upload any User Input that (i) contains gore, sexual abuse material or any content that exploits or promotes harm to any individual or (ii) infringes, misappropriates or violates any intellectual property, privacy, publicity or other proprietary rights of any third party. Seltz will not use your User Input to train any generative AI models. However, you agree that Seltz will have the right to collect and analyze data and other information relating to the access, use, and performance of the Platform (“Usage Data”), and Seltz will be free (during and after the term of this Agreement) to use Usage Data in de-identified or aggregated form to maintain, improve, train, finetune, and enhance Seltz’s current and future products, services and technologies. Examples of Usage Data include textual inputs you provide to Seltz, technical logs, metadata, telemetry data, information about how you use and interact with the Platform and Non-Seltz Resources.
Output. You acknowledge that Output may include or be derived from Third-Party Data and may be subject to additional restrictions imposed by applicable law or third-party rights. Except as expressly permitted by Seltz in writing, you may not (i) reproduce, distribute, publicly display, or otherwise make available any Third-Party Data on a standalone basis, (ii) store, aggregate, or reuse Output to serve multiple End Customers or requests, (iii) use the Output to create, compile, or build a dataset or database, (iv) commercialize, resell, or sublicense the Output or any Third-Party Data or (v) represent that Output was human-generated when it is not.
Similar Output. Due to the nature of machine learning, Output may not be unique across users and the Platform may generate the same or similar output for Seltz or a third party. Other users may also provide similar User Input and receive the same or similar Output.
Third-Party Integrations. The Platform may integrate with or otherwise make available certain applications and materials that are developed or otherwise provided by a party other than Seltz (collectively, “Non-Seltz Resources”). Seltz does not warrant or guarantee the functionality, availability, or reliability of any such Non-Seltz Resources. In addition, the use of such Non-Seltz Resources may require you to agree to additional terms and conditions imposed by the respective service providers, which are independent of this Agreement. Seltz reserves the right to modify or discontinue any Non-Seltz Resource at any time without prior notice. Seltz will not be liable for any damages or losses resulting from such modification or discontinuation.
Platform Restrictions. You may not (i) use the Platform in a way that infringes, misappropriates or violates any person’s rights; (ii) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Platform (except to the extent such restrictions are contrary to applicable law); (iii) use Output from the Platform to develop models that compete with Seltz; (iv) use the Platform for the purpose of benchmarking, performance testing, or competitive analysis, or publicly disclose the results of any such activities, without Seltz’s prior written consent; (v) use any automated or programmatic method to extract data or output from the Platform, including scraping, web harvesting, or web data extraction; (vi) interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies, or regulations of networks connected to the Platform; (vii) send us any personal information of children under 13 or the applicable age of digital consent; or (viii) use the Platform in violation of any applicable laws and regulations (including any export control laws). You will comply with any rate limits and other requirements in our documentation.
Confidentiality. In connection with the Platform, you may be given access to certain Confidential Information of Seltz. You may use Confidential Information only as needed to use the Platform as permitted under this Agreement. You may not disclose Confidential Information to any third party, and you will protect Confidential Information in the same manner that you protect your own confidential information of a similar nature, using at least reasonable care. “Confidential Information” means nonpublic information that Seltz or its affiliates or third parties designate as confidential or should reasonably be considered confidential under the circumstances, including software, specifications, and other nonpublic business information. Confidential Information does not include information that: (i) is or becomes generally available to the public through no fault of yours (ii) you already possess without any confidentiality obligations when you received it under this Agreement (iii) is rightfully disclosed to you by a third party without any confidentiality obligations or (iv) you independently developed without using Confidential Information. You may disclose Confidential Information when required by law or the valid order of a court or other governmental authority if you give reasonable prior written notice to Seltz and use reasonable efforts to limit the scope of disclosure, including assisting us with challenging the disclosure requirement, in each case where possible.
Fees and Payments
Fees and Billing. To the extent the Platform is made available to you for a fee, you will pay all fees charged to your account (“Fees”) according to the prices and terms on the applicable pricing page, or as otherwise agreed between us in writing. We have the right to correct pricing errors or mistakes even if we have already issued an invoice or received payment. You will provide complete and accurate billing information including a valid and authorized payment method. We will charge your payment method on an agreed-upon periodic basis, but may reasonably change the date on which the charge is posted. You authorize Seltz, and our third-party payment processor(s), to charge your payment method for the Fees. If your payment cannot be completed, we will provide you written notice and may suspend access to the Platform until payment is received. Fees are payable in U.S. dollars and if an invoice is issued, are due upon invoice issuance. Payments are nonrefundable except as provided in this Agreement.
Taxes. Unless otherwise stated, Fees do not include federal, state, local, and foreign taxes, duties, and other similar assessments (“Taxes”). You are responsible for all Taxes associated with your purchase, excluding Taxes based on our net income, and we may invoice you for such Taxes. You agree to timely pay such Taxes and provide us with documentation showing the payment, or additional evidence that we may reasonably require. Seltz uses the name and address in your account registration as the place of supply for tax purposes, so you must keep this information accurate and up-to-date.
Changes in Fees. We may change our prices by posting notice to your account and/or to our website. Price increases will be effective 14 days after they are posted, except for increases made for legal reasons or increases made to any free or beta services, which will be effective immediately. Any price changes will apply to the Fees charged to your account immediately after the effective date of the changes.
Free Tier. Seltz may make available a free-tier of the Platform. You may only use the free tier for non-commercial purposes only. If we believe you are not using the free tier in good faith, we may charge you standard fees or stop providing access to the Platform. Seltz reserves the right to modify or discontinue your access to the free tier of the Platform at any time without prior notice. Seltz will not be liable for any damages or losses resulting from such modification or discontinuation.
Term and Termination
Termination; Suspension. This Agreement takes effect when you first use the Platform and remain in effect until terminated. You may terminate this Agreement at any time for any reason by discontinuing the use of the Platform. We may terminate this Agreement for any reason by providing you at least 30 days’ advance notice. We may terminate this Agreement immediately upon notice to you if you materially breach this Agreement (including any breach of Sections 2.6 and 2.7), if there are changes in relationships with third party technology providers outside of our control, or to comply with law or government requests. We may suspend your access to the Platform, with or without notice, if you do not comply with this Agreement, if your use poses a security risk to us or any third party, or if we suspect that your use is fraudulent or could subject us or any third party to liability. Users whose accounts are terminated or suspended for breach of this Agreement may not re-register or attempt to access the Platform under a different identity without Seltz’s prior written consent.
Effect on Termination. Upon termination, you will stop using the Platform and you will promptly return or, if instructed by us, destroy any Confidential Information. The sections of this Agreement which by their nature should survive termination or expiration should survive, including but not limited to Sections 2.2, 2.3, 2.6, 2.7, 4, and 6-8.
Proprietary Rights
Trademarks. The Seltz name and logos are trademarks and service marks of Seltz (collectively the “Seltz Trademarks”). Other company, product, and service names and logos used and displayed via the Platform may be trademarks or service marks of their respective owners who may not endorse or be affiliated with or connected to Seltz. This Agreement and the Platform do not grant you any license or right to use any of Seltz Trademarks, without our prior written permission. You grant Seltz the right to use your company name, logo, and trademarks to identify you as a customer of Seltz on our website and in marketing materials, subject to your reasonable trademark usage guidelines provided to us in writing.
Platform. We and our affiliates own all rights, title, and interest in and to the Platform, including the underlying technology and intellectual property rights therein.
Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements (collectively, “Feedback”). If you provide any Feedback to Seltz, you hereby grant Seltz the right, but not obligation, to freely use such Feedback to maintain, improve, and enhance Seltz’s current and future products, services and technologies without restriction or compensation to you.
Copyright Complaints. We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, that the Platform is linking to, indexing, referencing, or otherwise providing access to material that infringes your copyright, or that your intellectual property rights have been otherwise violated, you should notify Seltz of your infringement claim in accordance with the procedure set forth below.
We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement including, but not limited to, removing or disabling access to allegedly infringing material or to links, references, or search results that provide access to such material. A notification of claimed copyright infringement should be emailed to our Copyright Agent at support@seltz.ai (Subject line: “DMCA Takedown Request”). You may also contact the Copyright Agent by mail or facsimile at:
Seltz, Inc.
455 Market St Ste 1940 PMB 798310
San Francisco, California 94105-2448
United States
To be effective, the notification must be in writing and contain the following information:
a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
identification of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works or other intellectual property are covered by a single notification, a representative list of such works or other intellectual property;
identification of the content that is claimed to be infringing or to be the subject of infringing activity, and where the content that you claim is infringing is located on the Platform, with enough detail that we may find it on the Platform;
identification of the content to which access is provided, and information reasonably sufficient to permit Seltz to locate the material or reference, including, where applicable, URLs, search queries, or other information identifying the location of the allegedly infringing material or the link or reference to it on the Platform;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the applicable law; and
a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or are authorized to act on the behalf of the owner of the copyright or intellectual property that is allegedly infringed.
Counter-Notice. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the applicable law, to upload and use the content in your content, you may send a written counter-notice containing the following information to the Copyright Agent:
your physical or electronic signature;
identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
a statement by you, made under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content to be removed or disabled; and
your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the [insert federal district] and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Seltz will send a copy of the counter-notice to the original complaining party informing them that Seltz may replace the removed content or cease disabling it within ten (10) business days. Unless the owner of the applicable copyrighted work or other intellectual property files an action seeking a court order against Seltz or the user, the removed content may be replaced, or access to it restored, within ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy. In accordance with the DMCA and other applicable law, Seltz has adopted a policy of terminating, in appropriate circumstances and at Seltz’s sole discretion, the accounts of users who are deemed to be repeat infringers. Seltz may also at its sole discretion limit access to the Platform and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Indemnification Disclaimer Limitations on Liability
Indemnity. You agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from: (a) your access to or use of our Platform (including any User Input) or (b) your violation of any term or condition of this Agreement, the right of any third party, or any other applicable law, rule, or regulation.
Disclaimer. THE PLATFORM AND OUTPUT ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE PLATFORM OR OUTPUT, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY USER INPUT WILL BE SECURE OR NOT LOST OR ALTERED. SELTZ DOES NOT WARRANT OR SUPPORT, AND WILL NOT HAVE ANY RESPONSIBILITY OR LIABILITY OF ANY KIND FOR, THIRD-PARTY DATA, NON-SELTZ RESOURCES OR ANY OUTPUT GENERATED THEREFROM.
Limitations of Liability. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, OR SUBSIDIARIES BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE PROPERTY, ARISING OUT OF OR RELATING TO ANY ACCESS OR USE OF OR INABILITY TO ACCESS OR USE OF THE PLATFORM, NOR WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF OUR PLATFORM OR THE INFORMATION CONTAINED WITHIN IT, WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF OUR PLATFORM.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED IN THE AGGREGATE (A) THE AMOUNTS YOU HAVE PAID US TO US IN THE SIX (6) MONTHS PRECEDING THE DATE OF THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100.00 USD) OR ITS EQUIVALENT IN THE LOCAL CURRENCY OF THE APPLICABLE JURISDICTION.
THE FOREGOING LIMITATIONS WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
Dispute Resolution By Binding Arbitration
Agreement to Arbitrate. This Dispute Resolution by Binding Arbitration section is referred to in this Agreement as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Seltz, whether arising out of or relating to this Agreement (including any alleged breach thereof), the Platform, and any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and Seltz 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.
Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND SELTZ AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SELTZ AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
Pre-Arbitration Dispute Resolution. Seltz is always interested in resolving disputes amicably and efficiently, and most user concerns can be resolved quickly and to the user’s satisfaction by emailing support at support@seltz.ai. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Seltz should be sent to 455 Market St Ste 1940 PMB 798310 San Francisco, California 94105-2448 US (“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 Seltz and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Seltz may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Seltz or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Seltz is entitled.
Arbitration Procedures. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to the address set forth in Section 8.2. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Seltz will pay them for you. In addition, Seltz will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for disputes, claims, or requests for relief totaling less than $10,000 unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Seltz. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms of Service (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Batch Arbitration. If seventy-five (75) or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar disputes within 90 days of each other, then you and Seltz agree that JAMS will administer them in batches of up to seventy-five (75) claimants each (“Batch”), unless there are less than seventy-five (75) claimants in total or after batching, which will comprise a single Batch. JAMS will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing held by videoconference or in a location decided by the arbitrator for each Batch in accordance with the JAMS Mass Arbitration Rules. If any part of this section is found to be invalid or unenforceable as to a particular claimant or Batch, it will be severed and arbitrated in individual proceedings.
Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than Section 7.2 above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of Section 8.2 are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of this Agreement will continue to apply.
Future Changes to Arbitration Agreement. Notwithstanding any provision in this Agreement to the contrary, Seltz agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Platform, you may reject any such change by sending Seltz written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).
Right to Opt Out. You may opt out of this Arbitration Agreement by sending written notice to Seltz within thirty (30) days of the date you first accept this Agreement or first access or use the Platform, whichever is earlier. Your opt-out notice must be sent by email to support@seltz.ai or by mail to 455 Market St Ste 1940 PMB 798310 San Francisco, California 94105-2448 US, and must include your name, address, email address associated with your account, and a clear statement that you wish to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other provisions of this Agreement will continue to apply. Opting out of this Arbitration Agreement will have no effect on any other arbitration agreements that you may currently have, or may enter into in the future, with Seltz.
Miscellaneous
Entire Agreement. These terms constitute the entire agreement between you and us with respect to the subject matter hereof. This Agreement supersedes any and all prior or contemporaneous written and oral agreements, communications and other understandings (if any) relating to the subject matter of the terms.
Assignment. You may not assign or transfer this Agreement, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer this Agreement without our prior written consent shall be null and void. We may freely assign or transfer this Agreement. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notice. We may provide any notice to you under this Agreement using commercially reasonable means, including using public communication channels. Notices we provide by using public communication channels will be effective upon posting.
Modifications. We may amend this Agreement from time to time by posting a revised version on the website, or if an update materially adversely affects your rights or obligations under this Agreement we will provide notice to you either by emailing the email associated with your account or providing an in-product notification. Those changes will become effective no sooner than 14 days after we notify you. All other changes will be effective immediately. Your continued use of the Platform after any change means you agree to such change.
Equitable Remedies. You acknowledge that if you violate or breach this Agreement, it may cause irreparable harm to Seltz, and Seltz shall have the right to seek injunctive relief against you in addition to any other legal remedies.
Severability. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
Special Notice for International Use Export Controls. Seltz is headquartered in the United States. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Portions of the Platform and the transmission of applicable data, if any, is subject to United States export controls. No portion of the Platform may be downloaded or otherwise exported or re-exported in violation of U.S. export laws. Downloading, accessing or using the Platform is at your sole risk.
Governing Law. This Agreement will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth below, you and Seltz agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco, CA. The failure of Seltz to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement 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 the provision, and the other provisions of this Agreement remain in full force and effect.