Terms of Services
Clear guidelines to ensure fair, safe, and effective use of our services.
These Terms of Service ("Terms") constitute a legally binding agreement between you and OpenAnalyst Inc. (together with its affiliates, "OpenAnalyst", "Company", "we", "our" or "us") governing your access to and use of our products, services, software platform, mobile application (the "App"), website (the "Site"), and all related features and functionality (collectively, the "Services").
IMPORTANT: BY CLICKING "I AGREE" OR ANY SIMILAR BUTTON, REGISTERING FOR AN ACCOUNT, DOWNLOADING THE APP, ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that: (i) you have full legal authority to bind such entity to these Terms; (ii) you have read and understand these Terms; and (iii) you agree to these Terms on behalf of the entity you represent. In such event, "you" and "your" will refer to such entity.
Any personal data you submit to us or which we collect is governed by our Privacy Policy, available at openanalyst.com/privacy-policy. By using the Services, you acknowledge that you have reviewed the Privacy Policy. If you and OpenAnalyst enter into a data processing addendum or agreement (each, a "DPA"), the terms of the DPA, which are incorporated herein by reference, will apply to the extent OpenAnalyst processes any personal data on your behalf.
ARBITRATION NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 15. PLEASE READ SECTION 15 CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
1. Definitions
The following terms shall have the meanings set forth below. Additional definitions may appear throughout these Terms.
"Account" means your registered account with OpenAnalyst required to access and use the Services.
"Account Owner" means the person or entity that registers for the Services and is the contracting party under these Terms.
"AI Functions" means features and capabilities offered as part of the Services that utilize artificial intelligence, machine learning, or similar technologies developed by OpenAnalyst and/or third-party AI providers.
"AI Content" means collectively Input, Output, and User Generated Content used with or generated by AI Functions.
"Confidential Information" means any non-public, proprietary, or confidential information of OpenAnalyst, including but not limited to trade secrets, technical data, business strategies, customer information, and product plans.
"Data Protection Laws" means all applicable data protection and privacy laws, including but not limited to the General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), and any other legislation applicable to the processing of personal information.
"Input" means any content, information, data, or materials you provide to the AI Functions for processing.
"Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications and registrations thereof.
"Output" means the results, analysis, visualizations, reports, code, or other content generated and returned by the AI Functions in response to your Input.
"User Generated Content" means any content, information, data, files, or materials that you provide, submit, upload, publish, or otherwise make available to the Services, including but not limited to text, data files, spreadsheets, databases, images, and any other information you provide.
2. Description of Services
OpenAnalyst is an advanced AI-powered analytics platform that enables users to analyze complex data, generate insights, create visualizations, and produce reports through artificial intelligence and machine learning technologies. The Services allow you to:
Upload and connect various data sources including files, databases, and third-party integrations
Interact with your data through natural language queries and AI-powered analysis
Generate visualizations, charts, reports, and analytical outputs
Utilize AI Functions to process, analyze, and derive insights from your data
Export and share analysis results and reports
OpenAnalyst reserves the right to modify, enhance, or discontinue any features or functionality of the Services at any time without prior notice, provided that such modifications do not materially diminish the core functionality of the Services you have paid for.
3. Account Registration and Eligibility
3.1 Age and Capacity
You must be at least 18 years of age or the age of legal majority in your jurisdiction, whichever is greater, to use the Services. By registering for an Account, you represent and warrant that you meet these age requirements and have the legal capacity to enter into binding contracts.
3.2 Account Information
During registration, you must provide accurate, current, and complete information as requested, including your name, email address, and payment information. You agree to maintain and promptly update your Account information to keep it accurate, current, and complete. Failure to provide accurate information or to update your information may result in suspension or termination of your Account.
3.3 Account Security
You are solely responsible for maintaining the confidentiality of your login credentials (username and password) and for all activities that occur under your Account. You agree to:
Use a strong, unique password for your Account
Not share your Account credentials with any third party
Immediately notify OpenAnalyst if you suspect any unauthorized use of your Account
Log out of your Account at the end of each session when using shared devices
OpenAnalyst is not liable for any loss or damage arising from your failure to maintain the security of your Account credentials.
3.4 Account Ownership and Transfer
Your Account is personal to you and may not be transferred, sold, or assigned to any other person or entity without OpenAnalyst's prior written consent. Any attempt to transfer your Account without authorization will result in immediate termination of the Account.
4. Subscription Plans and Billing
4.1 Subscription Fees
Access to the Services requires a paid subscription, the fees for which are set forth on our pricing page (the "Subscription Fees"). All Subscription Fees are exclusive of applicable taxes, which will be calculated and added to your invoice based on your billing address.
4.2 Payment Terms
You agree to provide valid payment information (credit card, debit card, or other approved payment method) at the time of registration. Subscription Fees will be charged automatically on a recurring basis (monthly or annually, depending on your selected plan) until you cancel your subscription. By providing your payment information, you authorize OpenAnalyst to charge all applicable fees to your designated payment method.
4.3 Free Trial Period
OpenAnalyst may, at its sole discretion, offer a free trial period for new users. If you sign up for a free trial, you must provide valid payment information, and your subscription will automatically convert to a paid subscription at the end of the trial period unless you cancel before the trial expires. No charges will be made during the trial period, but failure to cancel before the trial ends will result in automatic billing.
4.4 Price Changes
OpenAnalyst reserves the right to modify Subscription Fees at any time. We will provide you with at least thirty (30) days' advance notice of any fee increases. If you do not agree to the new fees, you may cancel your subscription prior to the effective date of the increase. Continued use of the Services after the fee increase takes effect constitutes your acceptance of the new fees.
4.5 Refund Policy
You may request a refund of Subscription Fees within fourteen (14) days of your initial purchase or subscription renewal, provided that you have not made material use of the Services during that period. Material use is defined as:
Uploading or analyzing data exceeding 100 MB
Generating more than 25 AI-powered analyses or reports
Creating more than 10 visualizations or dashboards
After the 14-day refund period, all Subscription Fees are non-refundable and non-reimbursable under any circumstances. To request a refund, contact us at info@openanalyst.com.
4.6 Payment Failures
If payment fails for any reason, OpenAnalyst may suspend or terminate your access to the Services until payment is successfully processed. You are responsible for ensuring that your payment information remains current and valid. OpenAnalyst is not liable for any consequences resulting from failed payments, including loss of access to your Account or data.
5. AI Functions and User Generated Content
5.1 Ownership of AI Functions
OpenAnalyst and/or its licensors exclusively own all right, title, and interest in and to the AI Functions, including all associated Intellectual Property Rights. Nothing in these Terms grants you any ownership rights in the AI Functions.
5.2 Ownership of User Generated Content
You retain all ownership rights in your User Generated Content. However, by providing User Generated Content to the Services, you grant OpenAnalyst a worldwide, non-exclusive, royalty-free, sublicensable license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Generated Content solely for the purposes of providing and improving the Services.
5.3 Input and Output
When you provide Input to the AI Functions, you will receive Output generated by the AI Functions. Both Input and Output are considered your User Generated Content, and you own all rights to both. However, you acknowledge that:
Output may not be unique and similar Output may be generated for other users
Output is generated by AI and may contain errors, inaccuracies, or hallucinations
You should independently verify the accuracy of Output before relying on it
You acknowledge that you have no right, title, or interest in any Output generated for other users, even if it is similar or identical to Output generated for you.
5.4 Your Responsibilities for User Generated Content
You are solely responsible for all User Generated Content you provide to the Services. You represent and warrant that your User Generated Content:
Does not infringe any third-party Intellectual Property Rights or other rights
Does not violate any applicable laws, regulations, or these Terms
Does not contain malware, viruses, or other harmful code
Does not contain false, misleading, or deceptive information
Does not contain defamatory, obscene, or unlawful content
If your User Generated Content contains personal data of individuals, you represent and warrant that you have obtained all necessary consents and legal authority to provide such data to OpenAnalyst for processing through the Services.
5.5 Use of AI Content for Improvement
OpenAnalyst may collect and use aggregated, anonymized data derived from your use of the AI Functions and interaction with AI Content to: (i) maintain and improve the AI Functions; (ii) develop new features and functionality; (iii) ensure security and prevent abuse; and (iv) comply with applicable laws and regulations.
IMPORTANT: OpenAnalyst will not, and contractually restricts third-party AI providers from, using your User Generated Content to train AI models or improve services for general use by other parties. Your data will only be used to provide the Services to you and for the limited purposes stated above.
5.6 Prohibited Uses of AI Functions
You agree not to use the AI Functions or Output to:
Develop competing AI products or services
Reverse engineer or attempt to extract the underlying models or algorithms
Mislead others into believing that Output was solely human-generated
Generate content that violates applicable laws or third-party rights
Attempt to circumvent usage limits or restrictions
5.7 AI Output Disclaimer
AI-GENERATED OUTPUT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. OUTPUT MAY CONTAIN ERRORS, INACCURACIES, OR MISLEADING INFORMATION. YOU MUST INDEPENDENTLY VERIFY ALL OUTPUT BEFORE RELYING ON IT FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO BUSINESS DECISIONS, FINANCIAL ANALYSIS, LEGAL MATTERS, OR MEDICAL ADVICE. OPENANALYST IS NOT LIABLE FOR ANY CONSEQUENCES RESULTING FROM YOUR RELIANCE ON OUTPUT.
6. Data Processing and Privacy
6.1 Data Collection and Use
OpenAnalyst collects and processes personal data as described in our Privacy Policy, available at openanalyst.com/privacy-policy. By using the Services, you consent to the collection, processing, and use of your personal data in accordance with the Privacy Policy and applicable Data Protection Laws.
6.2 Data Processing Agreement
To the extent that OpenAnalyst processes personal data on your behalf as a data processor, the terms of our Data Processing Agreement ("DPA"). The DPA is incorporated by reference into these Terms and governs the processing of personal data in accordance with applicable Data Protection Laws, including GDPR and CCPA.
6.3 Cookies and Analytics
OpenAnalyst uses cookies, web beacons, and similar tracking technologies to enhance your experience, analyze usage patterns, and improve the Services. For detailed information about our use of cookies and how to manage them, please refer to our Cookie Policy.
6.4 Third-Party Integrations
The Services may allow you to connect third-party services, databases, or platforms ("Third-Party Services"). When you authorize such connections, you consent to OpenAnalyst accessing and processing data from those Third-Party Services as necessary to provide the Services. You are responsible for ensuring that you have the right to grant such access and that your use of Third-Party Services complies with their respective terms of service.
6.5 Data Retention and Deletion
OpenAnalyst will retain your User Generated Content and Account data for as long as your Account remains active and for a reasonable period thereafter as necessary to provide the Services, comply with legal obligations, resolve disputes, and enforce our agreements. Upon termination of your Account, OpenAnalyst reserves the right to delete all of your data, including User Generated Content, in the normal course of operation. Deleted data cannot be recovered. You are responsible for exporting and backing up any data you wish to retain before terminating your Account.
7. Intellectual Property Rights
7.1 OpenAnalyst Proprietary Rights
All content, features, functionality, software, algorithms, text, graphics, logos, trademarks, service marks, and other materials made available through the Services (excluding User Generated Content) are the exclusive property of OpenAnalyst or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
Subject to your compliance with these Terms, OpenAnalyst grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your internal business purposes. This license does not grant you any ownership rights in the Services or any Intellectual Property Rights.
7.2 Restrictions on Use
You agree not to:
Copy, modify, distribute, sell, or lease any part of the Services
Reverse engineer, decompile, or disassemble the Services
Remove, alter, or obscure any proprietary notices on the Services
Use the Services to develop competing products or services
Access the Services through any automated means (bots, scrapers, etc.)
7.3 Trademarks
"OpenAnalyst" and the OpenAnalyst logo, along with any other service marks or trademarks displayed on the Services, are the property of OpenAnalyst or its licensors. You may not use these marks without OpenAnalyst's prior written consent. All other trademarks, service marks, and logos appearing on the Services are the property of their respective owners.
7.4 Feedback
If you provide OpenAnalyst with any feedback, suggestions, ideas, or recommendations regarding the Services ("Feedback"), you grant OpenAnalyst a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, distribute, and otherwise exploit such Feedback for any purpose without any obligation or compensation to you. OpenAnalyst is not required to keep Feedback confidential.
8. Acceptable Use and Prohibited Conduct
You agree to use the Services only for lawful purposes and in accordance with these Terms. You specifically agree not to:
Violate any applicable local, state, national, or international law or regulation
Infringe on the Intellectual Property Rights or other rights of any third party
Upload, transmit, or distribute any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
Upload, transmit, or distribute any viruses, malware, worms, Trojan horses, or other malicious code
Attempt to gain unauthorized access to any portion of the Services, other users' Accounts, or any systems or networks connected to the Services
Interfere with or disrupt the Services or servers or networks connected to the Services
Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity
Engage in any activity that could disable, overburden, or impair the proper functioning of the Services
Use the Services to send spam, chain letters, or other unsolicited communications
Harvest or collect information about other users without their consent
Use the Services for any illegal, fraudulent, or unauthorized purpose
Circumvent or attempt to circumvent any security features or access controls
Share your Account credentials with any third party or allow unauthorized access to your Account
OpenAnalyst reserves the right to investigate and take appropriate action against anyone who violates these provisions, including but not limited to suspending or terminating the offending user's Account and reporting violations to law enforcement authorities.
9. Third-Party Services and Links
The Services may contain links to third-party websites, services, or resources ("Third-Party Services") that are not owned or controlled by OpenAnalyst. OpenAnalyst does not endorse and is not responsible for the content, privacy policies, or practices of any Third-Party Services. You acknowledge and agree that OpenAnalyst is not liable for any damage or loss caused by your use of or reliance on any Third-Party Services.
When you access Third-Party Services, you do so at your own risk and subject to the terms and conditions and privacy policies of those Third-Party Services. We encourage you to review the terms and policies of any Third-Party Services before using them.
If you integrate your Account with Third-Party Services (such as data sources, cloud storage, or analytics platforms), you represent and warrant that you have the right to grant OpenAnalyst access to such Third-Party Services and that your use complies with the terms of service of those Third-Party Services.
10. Disclaimers and Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OPENANALYST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
OPENANALYST DOES NOT WARRANT THAT:
THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS
THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
THE RESULTS OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE
ANY ERRORS IN THE SERVICES WILL BE CORRECTED
THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS
YOU USE THE SERVICES AT YOUR OWN RISK. ANY MATERIAL, DATA, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM SUCH ACTIVITIES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OPENANALYST OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OPENANALYST, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
LOSS OF PROFITS, REVENUE, OR BUSINESS
LOSS OF DATA OR INFORMATION
LOSS OF GOODWILL OR REPUTATION
BUSINESS INTERRUPTION OR DOWNTIME
COST OF SUBSTITUTE PRODUCTS OR SERVICES
ERRORS OR INACCURACIES IN AI-GENERATED OUTPUT
THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, AND EVEN IF OPENANALYST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OPENANALYST'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF: (I) THE TOTAL SUBSCRIPTION FEES PAID BY YOU TO OPENANALYST IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) ONE HUNDRED DOLLARS ($100).
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so the above limitations may not apply to you in their entirety. In such cases, OpenAnalyst's liability will be limited to the fullest extent permitted by applicable law.
12. Indemnification
You agree to indemnify, defend, and hold harmless OpenAnalyst, its affiliates, and their respective directors, officers, employees, agents, licensors, and service providers (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to:
Your use or misuse of the Services
Your violation of these Terms
Your violation of any applicable laws, regulations, or third-party rights
Your User Generated Content or any claims that your User Generated Content infringes or violates any Intellectual Property Rights or other rights of any third party
Your breach of any representations or warranties made in these Terms
Any negligent or wrongful conduct by you or anyone using your Account
OpenAnalyst reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such case, you agree to cooperate with OpenAnalyst's defense of such claim. You may not settle any claim subject to this indemnification provision without OpenAnalyst's prior written consent.
13. Confidential Information
You acknowledge that in the course of using the Services, you may have access to Confidential Information of OpenAnalyst. You agree to:
Keep all Confidential Information strictly confidential
Not disclose Confidential Information to any third party without OpenAnalyst's prior written consent
Use Confidential Information solely for the purpose of using the Services
Protect Confidential Information using the same degree of care you use to protect your own confidential information, but in no event less than reasonable care
Confidential Information includes, but is not limited to, technical specifications, algorithms, software architecture, product roadmaps, pricing information, business strategies, customer lists, and any other non-public information relating to OpenAnalyst's business, technology, or services.
These confidentiality obligations shall survive termination of these Terms for a period of three (3) years.
14. Termination
14.1 Termination by You
You may terminate your Account at any time by: (i) using the account deletion feature within the Services (if available), or (ii) sending written notice to OpenAnalyst at info@openanalyst.com. Termination will be effective at the end of your current billing cycle. You will not receive a refund for any Subscription Fees paid for the current billing period.
14.2 Termination by OpenAnalyst
OpenAnalyst may suspend or terminate your Account and access to the Services immediately, without prior notice or liability, for any reason, including but not limited to:
Violation of these Terms
Suspected fraudulent, abusive, or illegal activity
Failure to pay Subscription Fees
Extended period of inactivity
To protect the security or integrity of the Services
At OpenAnalyst's sole discretion
14.3 Effect of Termination
Upon termination of your Account for any reason:
Your right to access and use the Services will immediately cease
OpenAnalyst may delete all of your User Generated Content, Account data, and other information
You will remain responsible for all Subscription Fees and charges incurred prior to termination
All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability
WARNING: Deleted data cannot be recovered. You are responsible for exporting and backing up any data you wish to retain before terminating your Account.
14.4 Sole Remedy
IF YOU ARE DISSATISFIED WITH THE SERVICES OR WITH ANY TERMS, CONDITIONS, RULES, POLICIES, OR PRACTICES OF OPENANALYST, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES AND TERMINATE YOUR ACCOUNT IN ACCORDANCE WITH SECTION 14.1.
15. Dispute Resolution and Arbitration
15.1 Informal Dispute Resolution
Before initiating any formal dispute resolution proceedings, you agree to first contact OpenAnalyst at info@openanalyst.com and attempt to resolve the dispute informally. You and OpenAnalyst agree to negotiate in good faith for at least thirty (30) days before pursuing formal dispute resolution. If the dispute cannot be resolved within thirty (30) days, either party may proceed with the arbitration process described below.
15.2 Binding Arbitration
YOU AND OPENANALYST AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES (COLLECTIVELY, "DISPUTES") WILL BE SETTLED BY BINDING ARBITRATION, EXCEPT AS PROVIDED IN SECTION 15.4 BELOW.
THIS MEANS THAT YOU AND OPENANALYST BOTH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
15.3 Arbitration Rules and Procedures
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA's Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules"), as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.
The arbitration will be conducted by a single neutral arbitrator selected in accordance with the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the State of Delaware with experience in the technology industry.
Unless you and OpenAnalyst agree otherwise, the arbitration will take place in Delaware. If your claim does not exceed $10,000, the arbitration will be conducted solely on the basis of written submissions, unless you request a hearing. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules.
The arbitrator will apply Delaware law consistent with the Federal Arbitration Act and applicable statutes of limitations. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court having jurisdiction.
15.4 Exceptions to Arbitration
Notwithstanding the foregoing, either party may:
Bring an individual action in small claims court if the claim qualifies
Seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of Intellectual Property Rights
15.5 Class Action Waiver
YOU AND OPENANALYST AGREE THAT ANY ARBITRATION OR COURT PROCEEDING WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. THIS MEANS THAT YOU AND OPENANALYST BOTH WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION PROCEEDING.
UNLESS BOTH YOU AND OPENANALYST AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.
15.6 Arbitration Fees
The payment of arbitration filing fees, administrative fees, and arbitrator fees will be governed by the AAA Rules. If your claim is for $10,000 or less, OpenAnalyst will pay all filing, administrative, and arbitrator fees, provided that you have acted in good faith. If your claim exceeds $10,000, the payment of fees will be governed by the AAA Rules.
15.7 Opt-Out Right
You may opt out of this arbitration agreement by sending written notice to OpenAnalyst at info@openanalyst.com within thirty (30) days of first accepting these Terms. Your opt-out notice must include your name, address, email address, and a clear statement that you wish to opt out of this arbitration agreement. If you opt out, all other terms of these Terms will continue to apply, but neither you nor OpenAnalyst can require the other to participate in arbitration.
16. Governing Law and Jurisdiction
These Terms and any disputes arising out of or relating to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law principles.
To the extent that any lawsuit or court proceeding is permitted under these Terms, you and OpenAnalyst agree to submit to the exclusive jurisdiction of the state and federal courts located in Delaware, and you waive any objections to jurisdiction or venue in such courts.
17. General Provisions
17.1 Entire Agreement
These Terms, together with the Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and OpenAnalyst regarding the Services and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.
17.2 Amendments
OpenAnalyst reserves the right to modify these Terms at any time in its sole discretion. We will provide notice of material changes by posting the updated Terms on the Site and updating the "Last Updated" date at the top of these Terms. We may also notify you via email or through the Services. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Services and terminate your Account.
17.3 Waiver
No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. OpenAnalyst's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
17.4 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to make it enforceable while preserving its intent, or if that is not possible, it shall be severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect.
17.5 Assignment
You may not assign, transfer, or delegate these Terms or your rights and obligations hereunder without OpenAnalyst's prior written consent. Any attempted assignment in violation of this provision shall be null and void. OpenAnalyst may freely assign or transfer these Terms without restriction, including to any parent company, subsidiary, or successor or acquirer. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns.
17.6 No Third-Party Beneficiaries
These Terms are for the benefit of, and may be enforced by, you and OpenAnalyst only. Except as expressly provided herein, these Terms do not create any rights for any third parties.
17.7 Force Majeure
OpenAnalyst shall not be liable for any failure or delay in performance under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, internet failures, or failures of third-party services or infrastructure.
17.8 Relationship of Parties
No agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by these Terms. Neither party has any authority to make any representation, warranty, or commitment on behalf of the other party.
17.9 Export Control
The Services may be subject to export control laws of the United States and other countries. You agree to comply with all applicable export and re-export control laws and regulations. You represent that you are not: (i) located in a country that is subject to a U.S. Government embargo or has been designated as a "terrorist supporting" country, or (ii) listed on any U.S. Government list of prohibited or restricted parties.
17.10 Electronic Communications
By using the Services, you consent to receive electronic communications from OpenAnalyst, including emails, notices, and updates. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive electronic communications, you must stop using the Services and terminate your Account.
18. Contact Information
If you have any questions, comments, or concerns about these Terms or the Services, please contact us at:
OpenAnalyst Inc.
447 Sutter St.
Ste 506 - 1372, San Francisco, CA 94108
Email: info@openanalyst.com
Legal inquiries: info@openanalyst.com
Phone: +1 929-484-0718