Terms & Conditions

Acceptance of the Terms of Use

Your use of our website(s), mobile application, the associated services and the related technology for creating jewelry designs (“Application” or “Service(s)”) that we may provide including all associated data, graphics, text, information and software is subject to these Terms of Use (the “Terms” or the “Agreement”) between you and BLNG Corporation, dba BLNG.ai (“BLNG”, “us”, “we”, or “our”). 

Our Application offers users the ability to upload or sketch content within the Application, or provide prompts to our AI technology, in order to generate jewelry designs (“Designs”).

Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Application. We may change the Terms or suspend Services at anytime without notice to you. By using our Services, you agree to the Terms, including any modifications we make. If you object to any such modifications, your sole recourse shall be to cease using the Application. Continued use of the Application following any such modifications indicates you acknowledge and agree to be bound by the modifications.

Who May Use the Service?

Age RequirementsYou must be at least 18 years old to use the Service. By using the Service you represent that you are at least 18 years old.

Businesses

If you are using the Service on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.

1. Access and Use of Our Service

Application License

Subject to your compliance with the Agreement, BLNG grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use a copy of the Application on one computer or mobile device (“Device”) owned or otherwise controlled by you solely for your own personal, non-commercial purposes (“Usage Rights”). If you have a Subscription Account (as defined in Section 2), you may have additional Usage Rights to the Application depending on your subscription level which are set forth in a separate end-user license agreement between you and BLNG. You have no other rights in the Application or Services and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Application or Services in any manner. If you breach these Terms this license will terminate.

Use Restrictions

You may not:

• copy, modify or create derivative works based on the Services, or any portion(s) of the Service;
• distribute, transmit, publish or otherwise disseminate the Services;
• transfer to any third party any of your rights under this Agreement;
• access or use the Subscription Services for the benefit of any third party;
• attempt to access or derive the source code or architecture of the Services or access or use the AI features or Designs to develop, train, or improve any other AI technology or a competing or similar product or service;
• attempt to breach any security or authentication feature or measures of the Services;
• interfere or attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting malicious software or computer code (“Malicious Code”) to the Application;
• transmit any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to use under any law or under contractual or fiduciary relationships; (iii) contains any Malicious Code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person or entity; (v) constitutes unsolicited or unauthorized materials; or (vi) is otherwise objectionable;
• use the Services to create or generate Designs that you know or should know, infringe, misappropriate, or otherwise violate any intellectual property right or other right of any person;
• violate any applicable law or regulations in connection with your use of the Services;
• use any data mining, robots, or similar data gathering or extraction methods in connection with the Service through any means other than through the interface that is provided by Us for use in accessing the Service;
• attempt to gain unauthorized access to any portion of the Service or any other accounts, computer systems, or networks connected to the Service, whether through hacking, password mining, or any other means;
• impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
• permit any third party to do any of the foregoing.

Certain uses of the Services may be subject to additional limitations, restrictions, terms and/or conditions specific to such use (“Additional Terms”) set forth in a separate agreement between you and us. In such cases, the applicable Additional Terms will be made available to you and your access to and use of the Services will be contingent upon your acceptance of and compliance with such Additional Terms.

Modification and Suspension

BLNG reserves the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to you. You agree that BLNG will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.

No Support or Maintenance; Necessary Equipment

You acknowledge and agree that BLNG will have no obligation to provide you with any support or maintenance in connection with the Services. You are solely responsible for any fees, including Internet connection or mobile phone service fees, that you incur when accessing the Services.

Updates

You understand that the Services are continuously under development and being improved. As a result, BLNG may require you to accept updates to the Application that you have installed on your Device. You acknowledge and agree that BLNG may update the Services with or without notifying you. You may need to update third-party software from time to time in order to use the Services.

Third Party Components, Services and Links

Some software used in our Services may contain or otherwise make use of software, code or related materials from third parties (“Third Party Components”), including under an open source license, Open AI Chatgpt4 and AWS Bedrock. Certain Third Party Components may be subject to separate license terms that accompany such Third Party Components that, to the extent they conflict with the terms of this Agreement, supersede the terms of this Agreement, so please be sure to read those licenses as well.

The Services may contain links to third-party websites and online services that are not owned or controlled by us. We have no control over, and assume no responsibility for, such websites and online services. Be aware when you leave the Service; we suggest you read the terms and privacy policy of each third-party website and online service that you visit.

If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.

Registering an Account

To access our Application you must register an account with us. To access certain additional features, Services or for additional Usage Rights you must pay a subscription fee. By completing the registration process for a Free Account (as defined in Section 2) or Subscription Account (as defined in Section 2), you are agreeing to subscribe to the selected Services, subject to the terms and conditions of this Agreement. You agree to provide us with accurate and complete registration information and to promptly notify us in the event of any changes to any such information.

You shall be solely responsible for the security and proper use of all user IDs and passwords used in connection with the Services and shall take all reasonable steps to ensure that they are kept confidential and secure, are used properly and are not disclosed to or used by any other person or entity. You shall immediately inform us if there is any reason to believe that a user ID or password for the Services has or is likely to become known to someone not authorized to use it, or is being or is likely to be used in an unauthorized way.

Privacy We are committed to protecting your privacy. Please read our Privacy Policy at https://blng.ai/privacy-policy for full details.

AI Assistant

As part of the Services, you may have access to our AI Assistant. The AI Assistant may provide cost estimates and a parts list at your request. All information provided by and communications with the AI Assistant are intended to be used for informational, educational and entertainment purposes only. You understand and agree that any such information or interactions with the AI Assistant are not intended to substitute for your own research or professional advice and quotes from an appropriate licensed and qualified vendor.

1. Subscriptions

By registering an account with us and paying a subscription fee, you gain access to certain additional features, Usage Rights and Services offered on and through the Application (a “Subscription” or “Subscription Services” or “Subscription Account”).

You may pay for your Subscription fees via our third-party payment processor by credit card, debit card or any other payment method specified at the time of purchase of your Subscription. Upon processing your Subscription fee you will receive an email notification that your Subscription has been activated.

We reserve the right to revise our fees, including by increasing or adding new fees, at any time on thirty (30) days’ notice. Such notice may be sent to you by email to your most recently provided email address or posted on our website or within the Application or by any other manner chosen by us in our commercially reasonable discretion. You will be deemed to have received any such notice that is posted on the website on the day it was posted. Your use of the Service after the thirty (30) day notice period constitutes your acceptance of the new or revised fees. If you do not agree to the revised fees, you may cancel your Subscription.

IMPORTANT NOTICE ON AUTO-RENEWAL: DEPENDING ON THE BILLING OPTION YOU CHOOSE WHEN YOU REGISTER FOR YOUR SUBSCRIPTION, WE WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION ON EACH MONTHLY OR YEARLY ANNIVERSARY OF THAT DATE THAT WE CHARGE YOUR OFFERED METHOD OF PAYMENT FOR THE FIRST SUBSCRIPTION FEE AND, AS AUTHORIZED BY YOU DURING THE SUBSCRIPTION SIGN-UP PROCESS, WE WILL CHARGE YOUR OFFERED METHOD OF PAYMENT WITH THE APPLICABLE SUBSCRIPTION FEE AND ANY SALES OR SIMILAR TAXES THAT MAY BE IMPOSED ON YOUR SUBSCRIPTION FEE PAYMENT (UNLESS YOU CANCEL PRIOR TO THE ANNIVERSARY DATE). EACH SUBSCRIPTION RENEWAL PERIOD IS FOR ONE MONTH OR ONE YEAR, DEPENDING ON THE BILLING OPTION YOU CHOOSE. YOU MAY CANCEL OR DOWNGRADE YOUR SUBSCRIPTION AT ANY TIME FROM WITHIN THE SERVICE OR BY CONTACTING US AT SUPPORT@BLNG.AI. IF YOU DOWNGRADE OR CANCEL YOUR SUBSCRIPTION, YOU WILL ENJOY YOUR CURRENT SUBSCRIPTION BENEFITS UNTIL THE EXPIRATION OF THE THEN-CURRENT SUBSCRIPTION PERIOD FOR WHICH YOU HAVE PAID, AND YOUR SUBSCRIPTION BENEFITS WILL DOWNGRADE OR EXPIRE AT THE END OF THE THEN-CURRENT SUBSCRIPTION PERIOD.

Free Account and Free Trails

We offer base-level access to the Application with the limited Usage Rights set forth herein free of charge. If you sign up for these Services, there will be no charge for the use of the Services and your account will be considered a “Free Account”. If you sign up for a Subscription that includes an initial free trial period, you will receive free access to the Service for the duration of the free trial period. At the end of the applicable free trial period, your account will become a paid Subscription account and you will be charged the price of the Subscription and will continue to be charged until you cancel your Subscription. To avoid any charges, you must cancel before the end of the free trial period.

Payments and No Refund Policy

You agree to pay all applicable fees related to your Subscription. We may suspend or terminate your account and/or access to the Service if your payment is late and/or your offered payment method (e.g. credit card or debit card) cannot be processed. By providing a payment method, you expressly authorize us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on your particular Subscription and utilized Services.

We understand that you might cancel your account, but please know that We will not provide any refund(s) and you will be responsible for paying any balance due on the account. To make things less complicated, you agree that we may charge any unpaid fees to your provided payment method and/or send you a bill for such unpaid fees.

Consent to receive email

We may send you transactional messages related to our Services. We may send marketing communications to users and you may unsubscribe from any such communications at any time by clicking the “unsubscribe” link found within our emails or by emailing us at support@blng.ai. Please note that you will continue to receive transactional messages related to our Services, even if you unsubscribe from marketing emails.

1. Term and Termination.

The term of Agreement will remain in full force while you access and use the Services. BLNG may terminate this Agreement at any time without notice. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. Upon termination, (i) all rights granted to you under this Agreement will also terminate and (ii) you must cease all use of the Application and delete all copies of the Application from your device and your account. Termination will not limit any of BLNG’s rights or remedies at law or in equity.

1. Indemnity

You shall indemnify, release and hold harmless us and our parents, subsidiaries, affiliates, licensors and service providers, and each of our respective officers, directors, employees and agents, from and against any loss, liability (including settlements, judgments, fines and penalties) and costs (including reasonable attorney fees, court costs and other litigation expenses) relating to any claim or demand made by any third party due to or arising out of your access to and use of the Services, in violation of this Agreement, or infringement of any intellectual property or other right of any person or entity. If you are a California resident, you waive California Civil Code Section 1542, which says: “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 a resident of another jurisdiction, you waive any comparable statute or doctrine.

1. Warranty disclaimers

WE AND OUR SERVICE PROVIDERS AND LICENSORS PROVIDE THE APPLICATION ON AN “AS IS” AND “AS PROVIDED” BASIS, WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND AVAILABILITY OF THE APPLICATION. WE MAKE NO REPRESENTATION THAT THE APPLICATION WILL BE UNINTERRUPTED OR ERROR, BUG OR VIRUS FREE AND SHALL NOT BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS DIFFICULTIES, ACCESS DELAYS, ANY INTERRUPTION AND/OR DATA DELIVERY, NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION, OR EVENTS BEYOND OUR REASONABLE CONTROL.

YOU ACKNOWLEDGE THAT, GIVEN THE NATURE OF THE SERVICES AND AI TECHNOLOGY, THE DESIGN OUTPUT (I) MAY BE INACCURATE, (II) MAY BE THE SAME AS OR SIMILAR TO DESIGN OUTPUT THE SERVICES GENERATE FOR OTHER USERS, (III) MAY NOT QUALIFY FOR INTELLECTUAL PROPERTY PROTECTION.

1. Limitation of liability

WITHOUT LIMITING THE FOREGOING, WE SHALL NOT BE LIABLE TO YOU OR YOUR BUSINESS FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF YOUR USE OF THIS APPLICATION, WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. YOU HEREBY WAIVE ANY CLAIM THAT THESE EXCLUSIONS DEPRIVE YOU OF AN ADEQUATE REMEDY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OUR LIABILITY EXCEED THE GREATER OF I) THE TOTAL AMOUNT PAID BY YOU ON OR THROUGH THE SERVICE DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; OR (II) ONE HUNDRED ($100) U.S. DOLLARS. 

CERTAIN STATES DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “WARRANTY DISCLAIMERS” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

1. Ownership and User Content

Excluding any User Content that you may provide (defined below) and Designs created through use of the Services, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets in the Application and its content are owned by us or our licensors. Neither this Agreement (nor your access to the Application) transfers to you or any third party any rights, title, or interest in or to such intellectual property rights, except for the limited access and download rights expressly set forth in Section 1 or in the separate end-user license agreement executed between you and BLNG. BLNG and our licensors reserve all rights not granted in this Agreement. There are no implied licenses granted under this Agreement.

Rights to User Content

"User Content" means all Content that you upload, post, e-mail, transmit, or otherwise make available through the Application, or prompts you provide to our AI technology, for the purposes of rendering or creating a Design. You are solely responsible for your User Content. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate Section 1. You further represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform, and display your User Content (in whole or in part) worldwide and/or to incorporate it into other works in any form, media, or technology now known or later developed for the full term of any worldwide intellectual property right that may exist in your User Content. You may not represent or imply to others that your User Content is in any way provided, sponsored, or endorsed by BLNG. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates Section 1.

Designs

You are solely responsible for your use of your Designs created through the Services. As between you and BLNG, BLNG disclaims all intellectual property rights and you retain any such rights to the Designs generated through use of the Services, to the extent protectable under intellectual property law and subject to the Usage Rights associated with your Free Account or Subscription Account. You assume all risks associated with your use of your Designs, including any potential copyright infringement claims from third parties or any disclosure of your Designs that personally identifies you or any third party. Because you alone are responsible for your Designs, you may expose yourself to liability if, for example, your Design violates Section 1.

License Granted to Us

For Free Accounts, you hereby grant (and you represent and warrant that you have the right to grant) to BLNG and its affiliates an irrevocable, perpetual, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content and Designs for the purposes of providing, promoting, and improving the Services (including training our AI). You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content and Designs.

For Subscription Accounts, you retain full ownership rights to any User Content and you grant BLNG and its affiliates a nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content and Designs for the sole purpose of providing the Services.

No Obligation to Monitor Content

You acknowledge that BLNG has no obligation to monitor or otherwise screen User Content and Designs that you upload, create, or download, although BLNG reserves the right in its sole discretion to monitor, screen, refuse, or remove any User Content and Designs. By entering into the Agreement, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of your User Content. In the event that BLNG monitors, screens, refuses, or removes any User Content, you acknowledge that BLNG will do so for BLNG’s benefit, not yours. Without limiting the foregoing, we shall have the right to remove any User Content that violates the Agreement or is otherwise objectionable.

Right to Enforce

We reserve the right (but have no obligation) to review any User Content and Designs and to investigate and/or take appropriate action against you if you, in our sole discretion, violate Section 1 or any other provision of this Agreement or otherwise create liability for Us or any other person. Such action may include removing or modifying your User Content and Designs, terminating your Account in accordance with Section 3, and/or reporting you to law enforcement authorities.

Storage

Unless expressly agreed to by us in writing elsewhere, BLNG has no obligation to store any of your User Content or Designs. We have no responsibility or liability for the deletion or accuracy of any Content, including your User Content and Designs; the failure to store, transmit, or receive the transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving the use of the Application. You agree that we retain the right to create reasonable limits on our use and storage of the Content, including your User Content and Designs, such as limits on file size, storage space, processing capacity, and similar limits described on the Application and as otherwise determined by us in our sole discretion. We are not obligated to backup any User Content or Designs, and your User Content and Designs may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content and Designs if you desire.

Feedback

Any feedback that you provide to us about the Service (e.g., comments, questions, suggestions – collectively, “Feedback”) through any communication whatsoever (e.g., call, email, via the website(s)) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that We are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.

DMCA/Copyright Policy

We respect copyright law and expect our users to do the same. It is our policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please reach out to us at support@blng.ai if you believe one of our users has infringed a copyrighted work.

1. GOVERNING LAW, ARBITRATION, AND CLASS ACTION/JURY TRIAL WAIVER

Governing Law

You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. This Agreement, and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to this Agreement, or the negotiation, execution or performance of this Agreement (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with this Agreement or as an inducement to enter into this Agreement), shall be governed by, and enforced in accordance with, the internal laws of the State of California including its statutes of limitations without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Los Angeles County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Los Angeles County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

Arbitration

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. For any dispute with BLNG, you agree to first contact us at support@blng.ai and attempt to resolve the dispute with us informally. In the unlikely event that BLNG has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Los Angeles, California unless you and BLNG agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing BLNG from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.

Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Class Action/Jury Trial Waiver

WITH RESPECT TO ALL PERSONS AND ENTITIES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND CREATORML ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

General

Certain violations of these Terms, as determined by us, may require immediate termination of your access to the Service without prior notice to you. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforce any of these Terms, we are not waiving our rights. These Terms are the entire agreement between you and us with respect to the subject matter herein and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between us about the Service. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

CONTACT US

If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at 7111 Santa Monica Blvd, West Hollywood, CA 90046 or support@blng.ai.