These terms and conditions (the “Terms and Conditions”) govern the use of BoardroomIQ, which is a cloud-based artificial intelligence platform operated by BoardroomAI LLC. Hereinafter, any and all access, browsing, or utilization of the Service (the “Service Utilization”) shall be governed exclusively by the terms, conditions, and provisions contained within this Terms of Service agreement, as may be amended, modified, or otherwise altered from time to time. Upon accessing, browsing, or engaging in any aspect of the service provided by BoardroomIQ, you hereby acknowledge, represent, and warrant that you have fully read, understood, and agree to be legally bound by the entirety of this agreement. In the event you do not accept, agree to be bound by, or otherwise consent to the terms, conditions, and provisions of the Terms and Conditions, you shall refrain from engaging in any Service Utilization whatsoever on any electronic device.
BoardroomIQ hereby reserves the right, at its sole and absolute discretion, to change, modify, amend, or otherwise alter any portion of these terms at any time in order to maintain compliance with the law and to reflect any changes to the way the platform is operated or the ways in which users are expected to behave on the platform. In the event of such changes, modifications, amendments, or alterations, BoardroomIQ shall post the revised Terms and Conditions on this page and indicate the date of the most recent revision at the top. The current, effective, and legally binding copy of this Terms of Service agreement may be accessed by visiting the “Terms and Conditions” page on BoardroomIQ’s website. BoardroomIQ shall also provide notification of any material changes through reasonable means, including, but not limited to, the Service user interface, pop-up notices, or email. Your continued Service Utilization after the effective date of any such changes, modifications, amendments, or alterations shall constitute your affirmative acceptance of the revised Terms of Service agreement.
PLEASE REVIEW THIS TERMS AND CONDITIONS DOCUMENT CAREFULLY, AS IT CONTAINS A LEGALLY BINDING ARBITRATION AGREEMENT AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE ARBITRATION AGREEMENT REQUIRES, WITH LIMITED EXCEPTION, THAT YOU SUBMIT ANY CLAIMS AGAINST BOARDROOMAI LLC TO BINDING AND FINAL ARBITRATION. FURTHERMORE, (1) YOU SHALL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST BOARDROOMAI LLC ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) YOU SHALL ONLY BE PERMITTED TO SEEK RELIEF, INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF, ON AN INDIVIDUAL BASIS; AND (3) YOU MAY BE PRECLUDED FROM HAVING ANY CLAIMS AGAINST BOARDROOMAI LLC RESOLVED BY A JURY OR IN A COURT OF LAW.
Your Privacy Rights and Consent: BoardroomIQ hereby acknowledges and affirms its commitment to protecting the privacy rights of its users. For a comprehensive understanding of BoardroomIQ’s data collection, use, and disclosure practices, please refer to our Privacy Policy, which can be accessed at https://www.boardroomiq.com/privacy (hereinafter the “Privacy Policy”). By engaging in any Service Utilization, you hereby expressly consent to the collection, use, and disclosure terms related to your personal data and other information as set forth in the Privacy Policy.
General:
The Service is designed and intended to process user-submitted selections and input text (collectively referred to as the “Submissions”) for the purpose of generating and setting up boardroom simulation sessions that return useful output (hereinafter the “Output”, and together with the Submissions, the “Content”). These Terms of Service, along with any terms incorporated by reference, represent the entire agreement between you and BoardroomIQ governing your access and use of the Service, superseding any prior agreements between you and BoardroomIQ with respect to the Service. You may also be subject to additional terms and conditions when using Third-Party Services, third-party content, or third-party software. In the event you access or use certain features through the Service, you shall be subject to any additional terms, conditions, and provisions applicable to such features, as may be posted on or within the Service from time to time. All such additional terms are hereby incorporated by reference into this Terms of Service agreement.
Governing Law and Jurisdiction:
These Terms of Service will be governed by the laws of the State of New Jersey, without regard to its conflict of law provisions. Further, all aspects of the platform are subject to the stipulations of U.S. Federal laws. For any disputes or claims not subject to arbitration, you and BoardroomIQ submit to the personal and exclusive jurisdiction of the state and federal courts located within New Jersey. Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Waiver and Severability:
BoardroomIQ’s failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found invalid by a court of competent jurisdiction, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.
Time Limitation on Claims:
You agree that any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
Assignment:
You may not assign these Terms of Service without the prior written consent of BoardroomIQ, but BoardroomIQ may assign or transfer these Terms of Service, in whole or in part, without restriction.
Notices:
Notices to you may be made via email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Force Majeure:
BoardroomIQ will not be in default by reason of any failure or delay in the performance of its obligations where such failure or delay is due to circumstances or causes beyond BoardroomIQ’s reasonable control, such as civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment.
Registration Obligations and Age Restrictions:
In order to access and use certain features of the Service, you may be required to register with BoardroomIQ and provide certain information, including, but not limited to, your name and email address. By choosing to register for the Service, you hereby represent and warrant that all information provided during the registration process is true, accurate, current, and complete. You acknowledge and agree that your registration data and certain other information are governed by the Privacy Policy. You hereby affirm that you are at least 18 years of age. You are prohibited from creating more than one account to benefit from the free tier of the Service. In the event that BoardroomIQ believes you are not using the free tier in good faith, we reserve the right to terminate your access to the Service. If BoardroomIQ discontinues the Service, you shall be entitled to a pro rata refund of any pre-paid fees, calculated based upon the number of months remaining in the pre-payment period.
Account Security and Unauthorized Use:
You hereby acknowledge and agree that you are solely responsible for maintaining the confidentiality of your password and account details, if any, and assume full responsibility for any and all activities that occur under your password or account. You agree to (a) immediately notify BoardroomIQ of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you properly log out of your account at the end of each session when accessing the Service. BoardroomIQ shall not be liable for any loss, damage, or other consequences arising from your failure to comply with this paragraph.
Data Retention and Storage Practices:
You hereby acknowledge and agree that BoardroomIQ may establish general practices and limits concerning the use of the Service, including, but not limited to, the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on BoardroomIQ’s or its third-party service providers’ servers on your behalf. Furthermore, you acknowledge that BoardroomIQ reserves the right to terminate accounts that are inactive for an extended period of time. BoardroomIQ reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
User Conduct and Responsibility:
You hereby acknowledge and agree that you are solely responsible for any and all use of the Service and all Submissions that you make available to BoardroomIQ, including, but not limited to, entering, uploading, posting, displaying (hereinafter collectively referred to as “uploading”), or otherwise transmitting Submissions via the Service or by emailing or making Submissions available to other users of the Service. You assume all risk associated with Submissions, including the transmission thereof, and you have sole responsibility for ensuring the accuracy, quality, legality, and appropriateness of all Submissions. The posting of Content on the Service by users does not constitute or imply any approval or endorsement of such Content by BoardroomIQ. Furthermore, BoardroomIQ expressly disclaims any and all liability in connection with Content or any act of accessing, browsing, contributing to, or otherwise using the Service. You hereby covenant and agree that you shall not use the Output to compete with BoardroomIQ, including, but not limited to, creating a competing product or service. The following list provides illustrative examples of the types of Submissions or uses that are strictly prohibited and illegal under this Terms of Service agreement. BoardroomIQ reserves the right, at its sole and absolute discretion, to investigate and take appropriate legal action against any individual who violates this provision, including, but not limited to, suspending or terminating the account of such violators, reporting the violator to the appropriate law enforcement authorities, and/ or pursuing separate civil action.
By accessing or using the Service, you hereby agree to refrain from using the Service for any of the following purposes:
- Intellectual Property Infringement and Unauthorized Content: You may not generate, submit, upload, transmit, or otherwise make available any Submissions or Output that (i) infringes upon any intellectual property or other proprietary rights of any party; (ii) you do not have the legal right to upload and use under any law or contractual/fiduciary relationships; or (iii) in the sole judgment of BoardroomIQ, is objectionable or restricts or inhibits others from using or enjoying the Service, or may expose BoardroomIQ or its users to any harm or undue liability.
- Harmful or Malicious Content: You may not generate, submit, upload, transmit, or otherwise make available any Submissions or Output that (i) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (ii) poses or creates a privacy or security risk to any person; or (iii) is unlawful, harmful, threatening, abusive, harassing, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or discriminatory.
- Violation of Laws and Regulations: You may not violate any applicable local, state, national, or international law, or any regulations having the force of law.
- Promotion of Criminal Activities: You may not further or promote any criminal activity or enterprise, or provide instructional information about illegal activities.
- Misrepresentation and Impersonation: You may not impersonate any person or entity, or falsely state, imply, or otherwise misrepresent your affiliation with any person or entity (including by generating, making available, promoting, or otherwise using Output in a manner that suggests such Output was created by or associated with an individual who was not the creator thereof).
- Unauthorized Access: You may not obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service.
- Unauthorized Data Gathering and Extraction: You may not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods.
- Unauthorized Data Collection and Privacy Violations: You may not utilize any private information, harvest, collect, or disclose email addresses or other information about another user or any other person without their express consent, or for the purposes of sending unsolicited communications.
- Unsolicited or Unauthorized Advertising and Solicitation: You may not generate, submit, upload, transmit, or otherwise make available any Submissions or Output that (i) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; or (ii) solicits personal information from anyone under the age of 18.
- Unauthorized Endorsement: You may not imply that BoardroomIQ endorses any of your statements or positions.
- Circumvention of Content Protections and Geographic Restrictions: You may not circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Service Content) available on or through the Service, including through the use of virtual private networks. If BoardroomIQ blocks or prevents you from accessing the Service (including by blocking your IP address), you agree not to attempt circumvention (e.g., masking your IP address or using a proxy IP address or virtual private network).
- Interference with the Service: You may not interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service
Payment Plans and Fees:
The Service is made available for a fee, in which case you may be required to select a payment plan and provide information regarding your credit card or other payment instrument. By providing such information, you represent and warrant to BoardroomIQ that the information is true and that you are authorized to use the specified payment instrument. You agree to promptly update your account information with BoardroomIQ or the Payment Processor (as defined below) of any changes, such as a change in your billing address or credit card expiration date.
“>Subscription and Payment Authorization: If your payment plan includes an automatically renewing subscription, you hereby authorize BoardroomIQ, through our third-party payment processing company, to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account. You agree to pay any charges so incurred. Please note that usage caps imposed on subscriptions are fixed. Tokens (i.e., usage amounts) included in your subscription do not carry over from one billing period to the next. Top up tokens that are purchased with a separate one-time payment do not expire but require an active subscription to use.
Payment Processing Services:
BoardroomAI LLC (“BoardroomIQ”) hereby discloses and you acknowledge that BOARDROOMIQ DOES NOT DIRECTLY PROCESS PAYMENT FOR ANY SERVICES. In order to facilitate payment for the Service via bank account, credit card, or debit card, BoardroomIQ engages the services of Stripe, Inc. and its affiliates (“Stripe”), a third-party payment processor. The payment processing services provided by Stripe are subject to the Stripe terms and conditions and other policies available at https://stripe.com/legal, as well as Stripe’s Global Privacy Policy available at https://stripe.com/privacy (collectively referred to as the “Stripe Agreements”). By agreeing to this Terms of Service agreement, users who utilize the payment functions of the Service hereby agree to be bound by the Stripe Agreements, as may be modified by Stripe from time to time. You hereby authorize Stripe to store and continue billing your specified payment method even after such payment method has expired, in order to avoid interruptions in payment for your use of the Service. For more information regarding Stripe’s payment processing services, please contact Stripe directly. BoardroomIQ assumes no liability or responsibility for any payments you make through the Service.
Free Trial:
There is an offer of a 7-day free trial that begins when users register for a new subscription. The free trial includes limited access to features and documents available on the platform and is further limited by an associated hard cap on usage. At the end of the trial period, the following will occur: The subscription plan that had been selected will begin automatically and the payment method associated with the account will be charged. Otherwise, access to the platform is ended unless and until the monthly subscription fee is paid in full. Free trials cancelled before the end of the 7-day period will not be charged. Users wishing to do this can log into the platform and select “Cancel Subscription” under the “Account Settings” tab.
Price Change Notifications:
If BoardroomIQ changes prices, we will provide notice of the change through the Service user interface, a pop-up notice, email, or other reasonable means, at BoardroomIQ’s option, at least fifteen (15) days before the change takes effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the new price.
Refund and Cancellation Policy:
Unless otherwise determined by BoardroomIQ in its sole discretion, all payments made by you hereunder are final and non-refundable. You may cancel your subscription online within the account interface at www.boardroomiq.com.
Disputing Charges:
If you dispute any charges, you must notify BoardroomIQ within sixty (60) days after the date that BoardroomIQ charges you, or within such longer period of time as may be required under applicable law.
Restrictions on Commercial Use:
Subject to the Content Section below and unless otherwise expressly authorized herein or in the Service, you hereby agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, grant access to, transfer, or otherwise use or exploit any portion of the Service for any commercial purposes beyond the fair and legitimate uses of the Service as it is conceived to assist individuals with business strategy and entrepreneurship.
Software Ownership and Restrictions:
The technology and software underlying the Service or distributed in connection therewith (collectively referred to as the “Software”) are the exclusive property of BoardroomIQ, its affiliates, and its licensors. You hereby agree not to copy, modify, create derivative works of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or transfer any right in the Software. BoardroomIQ reserves all rights not expressly granted herein.
International Use and Export Controls:
BoardroomIQ is headquartered in the United States, and you acknowledge that you are solely responsible for ensuring compliance with the laws of your specific jurisdiction, whether inside or outside of the United States. The Software available in connection with the Service and the transmission of applicable data, if any, are subject to United States export controls. You agree not to download the Software from the Service or otherwise export or re-export the Software in violation of U.S. export laws. Downloading, accessing, or using the Software or the Service is at your sole risk.
Intellectual Property Rights: Service Content:
You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by BoardroomIQ or otherwise under this Terms of Service agreement, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, with the exception of Content that you upload to or make available through the Service in accordance with these Terms of Service. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.
Trademarks:
The BoardroomIQ name and logos are trademarks and service marks of boardroomAI LLC (collectively the “BoardroomIQ Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to BoardroomIQ. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the BoardroomIQ Trademarks displayed on the Service without our prior written permission in each instance. All goodwill generated from the use of the BoardroomIQ Trademarks will inure to the exclusive benefit of BoardroomIQ.
BoardroomIQ Content:
All content published and made available on this site is the property of BoardroomIQ and the site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of the platform.
User-Generated Content:
- You represent and warrant that you own all rights, title, and interest in and to Submissions, including copyrights and publicity rights, or have obtained necessary consents to grant BoardroomIQ the rights and licenses herein.
- The use of the Service by you is agreed as being sufficient compensation for the Content and grant of rights herein.
- You irrevocably waive any “moral rights” or “droit moral” that may exist in or in connection with the Content.
- BoardroomIQ has no obligation to monitor Content but may do one or all of the following: (i) monitor the Content; (ii) alter, edit, or remove any Content in whole or in part; or (iii) disclose any Content.
Third-Party Content:
- BoardroomIQ shall not be liable for any third-party content or materials (including user-generated content), including any errors, omissions, loss, or damage incurred as a result of using such content.
- You acknowledge that BoardroomIQ does not pre-screen content but reserves the right to refuse or remove any content available via the Service at its sole discretion.
- You agree to evaluate and bear all risks associated with using any content, including relying on its accuracy, completeness, or usefulness.
Usage Data:
You authorize BoardroomIQ and its third-party service providers to derive statistical and usage data relating to your use of the Service (“Usage Data”). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.
Technical Processing and Transmission:
You understand that the technical processing and transmission of the Service, including Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
Content Preservation and Disclosure:
You acknowledge and agree that BoardroomIQ may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
- Comply with legal process, applicable laws, or government requests;
- Enforce these Terms of Service;
- Respond to claims that any content violates the rights of third parties; or
- Protect the rights, property, or personal safety of BoardroomIQ, its users, or the public.
Third-Party Services and Websites:
- The Service may provide access to services, sites, technology, and resources provided by third parties (“Third-Party Services”).
- You may enable or log in to the Service via various online Third-Party Services, such as social media and social networking services.
- Your access and use of Third-Party Services may be subject to additional terms, conditions, privacy policies, or agreements with such third parties.
- Some Third-Party Services will provide BoardroomIQ with access to certain information that you have provided to them, which will be used, stored, and disclosed in accordance with our Privacy Policy.
- BoardroomIQ has no control over and is not responsible for Third-Party Services, including their accuracy, availability, reliability, completeness of information, or privacy practices.
- You are responsible for any costs and charges associated with your use of Third-Party Services.
- The integration or inclusion of Third-Party Services does not imply an endorsement or recommendation by BoardroomIQ.
- Any dealings you have with third parties while using the Service are between you and the third party, and BoardroomIQ will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.
Indemnification:
You agree to defend, indemnify, and hold harmless BoardroomIQ, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “BoardroomIQ Parties”) from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to:
- Your use of the Service;
- Any Content or use thereof;
- Your connection to the Service;
- Your violation of these Terms of Service; or
- Your violation of any rights of another.
BoardroomIQ will provide notice to you of any such claim, suit, or proceeding. BoardroomIQ reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting BoardroomIQ’s defense of such matter. You may not settle or compromise any claim against the BoardroomIQ Parties without BoardroomIQ’s written consent.
Disclaimer of warranties:
Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. The BoardroomIQ Parties expressly disclaim all warranties of any kind, whether express, implied, or statutory. You acknowledge that the Service uses emergent and continually-evolving technology and may sometimes provide inaccurate or offensive content that does not represent the views of the BoardroomIQ Parties. You further acknowledge that, due to the nature of generative AI applications, Output may not be entirely unique across users, and the Service may generate some of the same or similar output for a third party. Other users may provide similar submissions and receive the same or similar output (excluding personally identifying information). Output that is requested by and generated for other users is not your Content under any circumstances.
Any resemblance of the AI-generated images, personas, or likenesses to real individuals, whether in name, appearance, or other characteristics, is entirely coincidental and unintentional. The AI-generated content on this platform is created through machine learning algorithms and is not designed to mimic or replicate any living people. Any similarity to actual persons does not imply any association with or endorsement by such individuals. The names, faces, and other details associated with the AI-generated images are designed with as much randomization as possible. We respect the privacy and rights of all individuals and do not claim any connection between our AI-generated content and real-life persons.
The BoardroomIQ Parties make no warranty that:
- The Service will meet your requirements;
- The Service will be uninterrupted, timely, secure, or error-free;
- The results that may be obtained from the use of the Service will be suitable, accurate, or reliable; or
- The quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations.
Limitation of liability:
You expressly understand and agree that the BoardroomIQ and its directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the platform. There shall be no liability whatsoever for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits, including damages for loss of goodwill, use, data, or other intangible losses (even if the BoardroomIQ Parties have been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability, or otherwise, resulting from:
- The use or the inability to use the Service;
- The cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Service;
- Unauthorized access to or alteration of your transmissions or data;
- Statements or conduct of any third party on the Service; or
- Any other matter relating to the Service
In no event will the BoardroomIQ Parties’ total liability to you for all damages, losses, or causes of action exceed the amount you have paid BoardroomIQ in the last six (6) months, or, if greater, one hundred dollars ($100).
Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations set forth above may not apply to you or be enforceable with respect to you. If you are dissatisfied with any portion of the Service or with these Terms of Service, your sole and exclusive remedy is to discontinue use of the Service.
Dispute Resolution via Binding Arbitration:
- Agreement to Arbitrate: You agree that any disputes or claims between you and BoardroomIQ will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with this Arbitration Agreement, except for individual claims in small claims court. You and BoardroomIQ waive the right to a trial by jury or to participate in a class action. 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 BoardroomIQ agree to bring claims against each other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. The arbitrator may not consolidate or join more than one person’s or party’s claims and may not preside over any form of a consolidated, representative, or class proceeding. The arbitrator may award 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).
- Arbitration Procedures: You agree that arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (AAA) rules and procedures, as modified by this Arbitration Agreement. The arbitrator must follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement.
- Costs of Arbitration: You agree that payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. BoardroomIQ and you shall split them equally, subject to certain exceptions.
- Severability: You agree that if any term or provision of this Arbitration Agreement is found invalid or unenforceable, the parties agree to replace such term or provision with a valid and enforceable one that comes closest to expressing the intention of the invalid or unenforceable term or provision. If the class action waiver is found invalid or unenforceable, the entirety of this Arbitration Agreement will be null and void.
- Future Changes to Arbitration Agreement: You agree that if BoardroomIQ makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending BoardroomIQ written notice within thirty (30) calendar days of the change.
Account Termination:
BoardroomIQ reserves the right, in its sole discretion, to suspend or terminate your account or use of the Service, and remove and discard any content within the Service, for any reason, including but not limited to:
- Lack of use for an extended period of time
- Violation or acting inconsistently with the letter or spirit of these Terms of Service
- Suspected fraudulent, abusive, or illegal activity (which may be referred to appropriate law enforcement authorities)
Service Modifications and Disclaimers:
BoardroomIQ reserves the right, at its sole and absolute discretion, to modify, suspend, or discontinue the Service, in whole or in part, with or without notice. You hereby acknowledge and agree that BoardroomIQ shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service. You agree that any termination of your access to the Service may be put into effect without prior notice, and BoardroomIQ may immediately:
- Deactivate or delete your account and all related information and files
- Bar any further access to such files or the Service
You acknowledge and agree that BoardroomIQ will not be liable to you or any third party for any termination of your access to the Service. Further, you agree that BoardroomIQ will not be liable to you or any third party for any termination of your access to the Service under any provision of these Terms of Service.
Feedback:
Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service (“Feedback”) provided by you to BoardroomIQ are non-confidential. BoardroomIQ will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.
Contact Information:
If you have any feedback, questions, or concerns, please contact us at
support@boardroomiq.com
Effective Date: 28th day of April, 2024