Last Updated: August 14, 2025
Please read these Terms of Service (the “ Terms ”) and our Privacy Notice (“ Privacy Notice ”) carefully because they govern your use of the website located at gnomi.com (the “ Site ”) and our AI-powered platform that indexes, summarizes, and provides insights on current and historical events and developments accessible via the Site and/or corresponding mobile application (“ App ”) offered by Gnomi App Corp. (“ GNOMI ”). To make these Terms easier to read, the Site, our services, related event offerings, and App are collectively called the “ Services .”
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND GNOMI THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 18 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.
Through your engagement with our Services, we gain invaluable insights, enabling us to improve the algorithms, machine learning, and artificial intelligence (including generative AI tools) powering and supporting the Services or our other products and services (collectively, “ AI Tools ”) so that our technology will be increasingly beneficial, collaborative, and enjoyable for our users to interact with.
Given the early state of artificial intelligence, we also acknowledge that there are areas that we will need to continually improve on so that we can continuously enhance the performance and usability of our Services. As part of that, you recognize that:
We may use the data about or from your interactions and your conversations to improve our Services. WE MAY USE ANY DATA ABOUT OR FROM YOUR CONVERSATIONS, INTERACTIONS AND ANY OTHER USER CONTENT TO PERSONALIZE YOUR EXPERIENCE ON THE SERVICES, BUILD, TRAIN AND FINETUNE THE AI TOOLS, OTHERWISE IMPROVE OUR SERVICES, AND/OR DEVELOP NEW PRODUCTS AND SERVICES, AS FURTHER DESCRIBED IN OUR PRIVACY NOTICE AND SECTION 8(b) OF THESE TERMS.
The information you receive from our Services may not be accurate or trustworthy. You recognize that any information you receive from our Services may not be accurate, reliable, or otherwise trustworthy. Similar to other AI Tools, our Services may hallucinate or confabulate. Getting factuality right remains an active area of research for the entire field of AI, and it remains a significant priority for the development of the Services going forward. Please also review the “Warranty Disclaimers” in Section 14 below for additional information.
By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “you” and “your” will refer to that entity.
Please review our Privacy Notice , which also governs your use of the Services, for information on how we collect, use, and share your information. We may process personal information to improve AI Tools, the Services, and our other products and services, as further described in the Privacy Notice.
We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site, to the App, and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
You may use the Services only if you are at least 16 years of age (or such other minimum age at which you can provide consent to data processing under the laws of your territory), and not otherwise barred from using the Services under applicable law. If you are over 16 years of age but under the age of majority in your respective jurisdiction, you hereby represent and warrant that your parent or legal guardian has read these Terms, and accepts them on your behalf. Parents and legal guardians are responsible for the acts of their minor children when using the Services, whether or not the parent or guardian has authorized such acts.
If you want to access the App or use certain features of the Services you’ll have to create an account (“ Account ”). It’s important that you provide us with accurate, complete, and up-to-date information for your Account and you agree to update such information to keep it accurate, complete, and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
To further personalize and enhance your experience and/or enable certain features of the Services, you may choose to link your Account with online accounts you have with third-party service providers (such as Reddit, LinkedIn, Meta, or X) (" Third-Party Accounts "). You may link Third-Party Accounts by either: (i) providing your Third-Party Account login information through the Services; or (ii) allowing us to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
By granting us access to any Third-Party Accounts, you understand and agree that: (i) we will access, make available, and store your interactions under Third-Party Accounts, as well as any content that you have provided to or stored in your Third-Party Account, to personalize your news exploration experience; (ii) this content will be used to curate news content, suggest relevant discussions, and improve our AI Tools' understanding of your preferences; and (iii) you can disconnect any linked Third-Party Account at any time through your Account settings. Your use of any Third-Party Account is subject to the terms and conditions of that third party, as further described in Section 12. We are not responsible for the practices of third-party services, and we encourage you to review their terms and privacy policies.
The Services are controlled and operated from facilities in the United States. We make no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United States.
We appreciate feedback, comments, ideas, proposals, and suggestions for improvements to the Services (“ Feedback ”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
We offer both a free version and a subscription version of our Services; the subscription version requires purchasing a monthly or annual subscription to access and use additional features and benefits (the “ Subscription ”), as further described below.
If you purchase a Subscription (each, a “ Transaction ”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card, and your email and postal addresses for billing and notification (such information, “ Payment Information ”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment, and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.
If you purchase a Subscription, you will be charged the monthly or annual Subscription fee, plus any applicable taxes, and other charges (“ Subscription Fee ”), at the beginning of your Subscription and each month or year thereafter, at the then-current Subscription Fee. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE GNOMI TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you each month or each year based on the date of the commencement of your Subscription, using the Payment Information you have provided until you cancel your Subscription. For an annual Subscription, no less than thirty (30) days and no more than sixty (60) days before your Subscription term ends, or otherwise in accordance with applicable law, GNOMI will send you a reminder with the then-current Subscription Fee. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or GNOMI. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms.
YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR SUBSCRIPTION FEE AT ANY TIME. But if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction. Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. EXCEPT AS SET FORTH ABOVE WITH RESPECT TO YOUR INITIAL SUBSCRIPTION PURCHASE, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. To cancel, you can send an email to support@gnomi.com. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the end of your then current Subscription period and will then terminate without further charges.
Our Services may allow you to store, submit, transmit, or share content such as text (in posts or communications with others), files, documents, graphics, images, music, software, audio, video, and Input (as defined below) via certain AI Tools. Anything (other than Feedback) that you post or otherwise make available through the Services (including via Third-Party Accounts) is referred to as “ User Content ”. GNOMI does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.
To provide our Services we need you to give us some legal permissions (known as a "license") to use User Content. By making any User Content available through the Services you hereby grant to GNOMI a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating, providing, and improving the Services and GNOMI’s other products and services. This license includes the right to use User Content to build, train, and finetune AI Tools.
You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by GNOMI on or through the Services will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You can remove various forms of your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. Additionally, some User Content may be retained by AI Tools. Please read the Privacy Notice on your rights to request GNOMI to delete personal information. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
The Services may generate output for you (each, “ Output ”) in response to: (i) your interaction, request, or input; or (ii) User Content uploaded or submitted to influence the Output or Services (collectively, “ Input ”). You may not sell or share for commercial benefit or purposes Output to any third parties. In addition to any other rights described in these Terms, GNOMI may use and modify Input and Output to enforce any applicable acceptable use policies or usage policies as set forth in the GNOMI Community Guidelines https://legal.gnomi.com/policy/Community-Guidelines.html and to comply with applicable law.
We make available through the Services content, including Output, that is subject to intellectual property rights. We retain all rights to that content, and to the Services, including all AI models and systems.
If you comply with these Terms, GNOMI grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the App on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the App solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify, or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend, or rent the App to any third party; (iii) reverse engineer, decompile, or disassemble the App (unless applicable law permits, despite this limitation); or (iv) make the functionality of the App available to multiple users through any means.
This Section 9(b) applies to any App that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that your possession and use of the App infringe that third party’s intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the App.
You agree not to do any of the following:
Post, upload, publish, submit, or transmit any User Content that: (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
Sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any content made available by or on behalf of us via the Services or Output. Use of such content or Output for any purpose not expressly permitted by these Terms is strictly prohibited.
Use the Services or any Output in a manner that violates the GNOMI Community Guidelines: https://legal.gnomi.com/policy/Community-Guidelines.html ;
Utilize the Services (including any AI models or derivatives thereof), documentation, Input, or Output to train, improve, or have trained or improved an AI model (e.g., engage in “model scraping”);
Use, display, mirror, or frame the Services or any individual element within the Services, GNOMI’s name, any GNOMI trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without GNOMI’s express written consent;
Access, tamper with, or use non-public areas of the Services, GNOMI’s computer systems, or the technical delivery systems of GNOMI’s providers;
Attempt to probe, scan, or test the vulnerability of any GNOMI system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by GNOMI or any of GNOMI’s providers or any other third party (including another user) to protect the Services;
Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search agents provided by GNOMI or other generally available third-party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a GNOMI trademark, logo URL, or product name without GNOMI’s express written consent;
Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive, or false source-identifying information;
Attempt to decipher, decompile, disassemble, reverse engineer, engage in any of the adversarial attacks set forth in the NIST AI 100-2 E2023 publication available at https://nvlpubs.nist.gov/nistpubs/ai/NIST.AI.100-2e2023.pdf , or otherwise attempt to derive or gain improper access to any of the software, components, models, algorithms, or systems used to provide the Services;
Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
GNOMI is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content or Output, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
GNOMI respects copyright law and expects its users to do the same. It is GNOMI’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see GNOMI’s Copyright Policy at https://legal.gnomi.com/policy/Copyright-Policy.html , for further information.
The Services (including the App) may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products, or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party resources.
We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at support@gnomi.com. Upon any termination, discontinuation, or cancellation of the Services or your account, the following Sections will survive: 1, 6, 7(a), 7(b), 7(c) (only for payments due and owing to GNOMI prior to the termination), 8(b), 8(c), 8(e), 8(f), 10, 13, 14, 15, 16, 17, 18, and 19.
THE SERVICES AND OUTPUT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services or Output will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, security, or reliability of any information or content on the Services or Output.
Due to the nature of machine learning, Output may not be unique and the Services may generate the same or similar output for GNOMI or a third party. GIVEN THE PROBABILISTIC NATURE OF MACHINE LEARNING, THE SERVICES MAY IN SOME SITUATIONS HALLUCINATE, CONFABULATE, OR OTHERWISE PRODUCE OUTPUT THAT IS INACCURATE, INCORRECT, BIASED, OFFENSIVE, OR OTHERWISE UNDESIRABLE. IN FACT, THE SERVICES MAY PRODUCE OUTPUT OR SUMMARIES THAT ARE NOT LINGUISTICALLY CORRECT OR CONTAIN GRAMMAR ERRORS. THE ACCURACY, QUALITY, AND COMPLIANCE WITH APPLICABLE LAW OF THE OUTPUT IS DEPENDENT UPON AND COMMENSURATE WITH THAT OF THE INPUT PROVIDED AND YOUR COMPLIANCE WITH THESE TERMS, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH HEREIN, GNOMI WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OR DAMAGES RELATING TO OR ARISING FROM INPUT, OTHER USER CONTENT, OUTPUT, OR THEIR USE. You should not rely on the Services or any Output for advice of any kind, including medical, legal, investment, financial, or other professional advice. Any Output is not a substitute for advice from a qualified professional. You will evaluate the content, nature, and accuracy of any Output as appropriate for your applicable use, including by using human review of the Output.
The Services may include translated content from other languages. We make no representation that the translation is accurate or appropriate. The translation may not be available for every article or for use in certain locations. Those who access or use the translation do so at their own volition and are entirely responsible for verifying the accuracy of the translation at their cost and time.
You will indemnify and hold GNOMI and its officers, directors, employees, and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your Input or other User Content or their processing or use by GNOMI, (c) your violation of any third party’s rights, including, but not limited to, intellectual property rights, right of privacy, right of publicity, and confidentiality, or (d) your violation of these Terms.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER GNOMI NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GNOMI OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL GNOMI’S TOTAL CUMULATIVE LIABILITY TO YOU ARISING FROM ALL CLAIMS UNDER OR RELATED TO THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS ACTUAL PAID BY YOU OR ARE PAYABLE BY YOU TO GNOMI FOR USE OF THE SERVICES, PROVIDED THAT IN NO EVENT WILL GNOMI’S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS MADE UNDER OR RELATED TO THIS AGREEMENT EXCEED ONE HUNDRED DOLLARS $100.00.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GNOMI AND YOU.
These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Delaware, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 18 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and GNOMI are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and GNOMI each waive any objection to jurisdiction and venue in such courts.
We each agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services (collectively, “ Disputes ”) will be resolved solely by binding, individual arbitration and not in a class, representative, or consolidated action or proceeding . You and GNOMI agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and GNOMI are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
As limited exceptions to Section 18(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
The arbitration will be conducted by the American Arbitration Association (“ AAA ”) under its Consumer Arbitration Rules (the “ AAA Rules ”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org .
Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
Except as provided in Section 18(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
YOU AND GNOMI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
With the exception of any of the provisions in Section 18(f) of these Terms (“ Class Action Waiver ”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
GNOMI and its licensors exclusively own all right, title, and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services.
These Terms constitute the entire and exclusive understanding and agreement between GNOMI and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between GNOMI and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without GNOMI’s prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. GNOMI may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by GNOMI under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
GNOMI’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of GNOMI. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services, please contact GNOMI at support@gnomi.com .