Terms of Use

Last modified: June 11, 2023 These terms of use are entered into by and between you and Natural Language Labs Inc. d/b/a Visceral (“Visceral,” “we," or "us"). The following terms and conditions, together with any documents expressly incorporated by reference (collectively, these "Terms of Use”), constitute a legal and binding agreement between you and Visceral and govern your access to and use of the website Visceral.ai and any subdomains of the website (the “Website”), the Visceral Mobile Application (the “App”), including any content, functionality, and services offered by Visceral through and in connection with the Website or the App (collectively, the "Platform”), as a guest. Registered users of the Visceral Platform will be subject to a supplemental agreement applicable to their use of the Platform (the “Services Agreement"). Where there is a conflict between these Terms of Use and the Services Agreement, the terms and conditions of the Services Agreement will control and govern your access to and use of the Platform. By clicking “Accept,” you acknowledge that you have read in its entirety, understand, and fully accept all terms and conditions contained in these Terms of Use and our Privacy Policy. If you do not agree to be bound by these Terms of Use and our Privacy Policy, you are not authorized to access or use our Platform, please PROMPTLY EXIT THE PLATFORM. Binding Arbitration. These Terms of Use provide that all disputes between you and Visceral that in any way relate to these Terms of Use or your use of the Platform will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with Visceral. 1. Availability of Platform ACCESS TO AND USE OF THE PLATFORM IS LIMITED EXCLUSIVELY TO USERS WHO ARE 21 YEARS OF AGE OR OLDER. By accessing or using our Platform, you represent and warrant that you meet the foregoing eligibility requirement. If you do not meet the requirement, you must not access or use our Platform. 2. Ownership of the Platform Visceral owns all right, title, and interest in and to the Platform, including all pages, features, functionality, tools, and underlying technology and intellectual property within the Platform or accessed through the Platform, and all improvements, modifications, and derivatives of the Platform. The Platform is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Platform for your legitimate business purposes only on behalf of your company. The Platform may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these Terms of Use or otherwise approved in writing by Visceral. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any portion of the Platform is transferred to you, and all rights not expressly granted are reserved by Visceral. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. If you wish to make any use of the Platform or material on the Platform other than that set out in these Terms of Use, please address your request to: info@visceral.ai. 3. Access to the Platform and Security and Restrictions; Passwords We reserve the right to withdraw or amend the Platform, and any service or material we provide through the Platform, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users. You are responsible for: • Making all arrangements necessary for you to have access to the Platform. • Ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Use and comply with them. To access the Platform, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Visceral has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Visceral may suspend or terminate your account. You agree that all information you provide to register with the Platform or otherwise, including but not limited to through the use of any interactive features on the Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. In the event access to the Platform or a portion thereof is limited and requires a username and password ("Protected Areas"), you agree to access Protected Areas using only your username and password as provided to you by Visceral or created by you in accordance with Visceral’s requirements. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Your access to the Platform may be revoked by Visceral at any time with or without cause. We will not be liable if, for any reason, all or any part of the Platform is unavailable at any time or for any period. You agree to defend, indemnify and hold Visceral harmless from and against all third-party claims, damages, and expenses (including reasonable attorneys' fees) against or incurred by Visceral arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Platform, or access by anyone accessing the Platform using your username and password. 4. Trademarks The Visceral.ai name, the term “Visceral.ai”, “Visceral”, the “Visceral.ai” logo(s), and all related names, logos, product and service names, designs, and slogans are trademarks of Visceral or its affiliates or licensors. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, or other proprietary information (including images, text, page layout, or form) of Visceral without our express written consent. 5. Prohibited Uses You may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platform: • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise. • To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use. • To transmit, or procure the sending of, any advertising or promotional material including any “junk mail”, “chain letter” or “spam” or any other similar solicitation. • To impersonate or attempt to impersonate Visceral, a Visceral employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing). • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm Visceral or users of the Platform or expose them to liability. Additionally, you agree not to: • Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real-time activities through the Platform. • Reverse engineer, decompile, disassemble, modify or create works derivative of the Platform, except to the extent expressly permitted by applicable law. • Assign, sublicense, rent, timeshare, loan, lease or otherwise transfer access to the Platform, or directly or indirectly permit any third party to copy and install the App on a device not owned and controlled by you. • Use any robot, spider, or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform. • Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent. • Use any device, software, or routine that interferes with the proper working of the Platform. • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful. • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform. • Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack. • Otherwise attempt to interfere with the proper working of the Platform. 6. License to Your Content and Feedback You agree to grant and do hereby grant to Visceral, for the purposes of operating and improving our Platform, a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, sublicensable, license to use, reproduce, publicly display, distribute, modify, create derivative works based on, publicly perform, and translate any content and other information created within, or submitted to, the Platform by you or on your behalf. This may include our use of your information for the purpose of artificial intelligence, machine learning, augmented human intelligence development, algorithm development and improvement, and similar data aggregation activities. This involves creating algorithms that help our systems to learn from the data and improve the Platform and related services we provide, and to improve the efficiency of our operations. As between you and Visceral, you retain all rights and ownership of such submitted and generated content. Additionally, you may, at your own discretion, choose to provide us with ideas, suggestions, proposals, or bug or crash reports for the Platform ("Feedback"). In such event, you agree that we are the owner of such Feedback, and we are free to use it for our business purposes, including by incorporation into the Platform or any Visceral current or future products or services without any payment or attribution, or other obligation to you. 7. Online Services Associated with the Platform The Platform may be used to access certain online services. In some cases, you will not receive a separate notice when the Platform connects to those services. Using the Platform constitutes your consent to the transmission of standard device information (including, but not limited to, technical information about your device, system, and application software) to those services. Your use of those services may be governed by additional terms and conditions. Using the online services will constitute your acceptance of and agreement to be bound by those additional terms and conditions, if any. You may not use any online services in any way that could harm those services, disrupt their operation, or impair any other user's use of those services or the wireless network through which they are accessed. You may not use the online services to gain unauthorized access to or use of any service, data, account, or network by any means. 8. License to Use the App Visceral grants to you a nontransferable license to use the App on devices that you own or control. Visceral reserves all rights in and to the App not expressly granted to you under these Terms of Use. The terms of these Terms of Use will govern any content, materials, or services accessible from or purchased within the App as well as upgrades provided by Visceral that replace or supplement the original App, unless such upgrade is accompanied by a new or revised Agreement. 9. Location-Enabled Features Certain location-enabled functionality made available through our Platform is provided by Google Inc., Apple Inc., and other third-party providers. Your use of that functionality may be subject to additional terms and conditions (as updated from time-to-time). You must exercise your own judgment as to the adequacy and appropriateness of the information. All location-based information is provided entirely "as-is," without warranties of any kind. 10. Support for Platform; Functionality All questions and requests relating to support of the Platform must be directed to Visceral. We may change or remove functionality and other features of the Platform at any time, without notice. 11. Modified Devices and Operating Systems. Visceral will have no liability for errors, unreliable operation, or other issues resulting from use of the App on or in connection with rooted or jail broken devices or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including use of modified versions of the operating system (collectively, “Modified Devices”). Use of the App on Modified Devices will be at your sole and exclusive risk and liability. 12. Accuracy and Integrity of Information Although Visceral attempts to ensure the operational integrity of the Platform, it makes no representations, warranties, or guarantees whatsoever as to the correctness, accuracy, or usefulness of the Platform or any content or information generated through use of the Platform. The information presented on or through the Platform is made available solely for general information purposes. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents. It is possible that the Platform and content generated through the Platform could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Platform by third parties. In the event that an inaccuracy to the Platform arises, please inform Visceral so that it can be corrected. Visceral reserves the right to unilaterally correct any inaccuracies on the Platform without notice. Information contained on or throughout the Platform may be changed or updated without notice. 13. Automatic Renewal Subscription Terms We may charge a subscription fee to utilize our Platform. Your subscription is continuous and will be automatically renewed at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period by contacting us, in writing, within 30 days of the then-current subscription period end date. If you cancel your subscription, your account’s access to our Platform will automatically end at the end of your current billing period. Visceral may change the price for your subscription, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Platform prior to the price change going into effect. If payment through your payment method is refused, rejected, or declined for any reason, we reserve the right to cancel your subscription without notice. In the event that your subscription is canceled for any reason, you will need to resubscribe in order to access our Platform. 14. Export Policy and Restrictions You acknowledge that the services which are sold or licensed on the Platform, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading, or using technology or software from the Platform, you agree to abide by the applicable laws, rules, and regulations – including, but not limited to the Export Administration Act and the Arms Export Control Act – and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law. By purchasing any products, you agree that you will not use any products, or provide products to any person, who is forbidden from receiving the product under the Export Administration Regulations or any economic sanctions maintained by the U.S. Department of Treasury. U.S. antiboycott regulations, or U.S. economic sanctions, including the export and antiboycott restrictions found in the Export Administration Regulations or the sanctions regulations administered by the U.S. Office of Foreign Assets Control. You shall indemnify and hold harmless Visceral from all claims, demands, damages, costs, fines, penalties, attorneys’ fees and all other expenses arising from your failure to comply with this provision and/or applicable export control, antiboycott, or economic sanctions laws and regulations. 15. Links to Other Websites Visceral makes no representations whatsoever about any other website that you may access through the Platform. When you access a non-Visceral website, please understand that it is independent from Visceral, and that Visceral has no control over the content on that website. In addition, a link to a non-Visceral website does not mean that Visceral endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party websites linked to the Platform, you do this entirely at your own risk. 16. Disclaimer of Warranties VISCERAL DOES NOT WARRANT THAT ACCESS TO OR USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. THE PLATFORM, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR GENERATED BY IT, AND ANY SERVICE RELATED TO THE PLATFORM, ARE ALL PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. VISCERAL DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE PLATFORM. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PLATFORM, PLATFORM-RELATED SERVICES, PLATFORM-GENERATED COMPANY, AND LINKED WEBSITES. VISCERAL DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACKUP AND SECURITY. VISCERAL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. WARRANTIES RELATING TO PRODUCTS AND SERVICES OFFERED, SOLD, AND DISTRIBUTED BY VISCERAL ARE SUBJECT TO THE SEPARATE SERVICES AGREEMENT PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE SERVICES. 17. Limitation of Liability Regarding Use of the Platform IN NO EVENT WILL VISCERAL, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE RESPONSIBLE OR LIABLE FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE) ARISING OUT OF OR RELATING IN ANY WAY TO THE PLATFORM, PLATFORM-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN OR GENERATED BY THE PLATFORM, AND/OR ANY LINKED WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM, PLATFORM-RELATED SERVICES, PLATFORM-GENERATED CONTENT, AND/OR LINKED WEBSITES IS TO STOP USING THE PLATFORM AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF VISCERAL TO YOU WITH RESPECT TO YOUR USE OF THE PLATFORM IS $500 (FIVE HUNDRED DOLLARS). THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 18. Indemnification You agree to defend, indemnify and hold harmless Visceral, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Platform, any use of the Platform content, services, and products other than as expressly authorized in these Terms of Use, the content you submit to or generate through the Platform, or your use of any information or content obtained from the Platform. 19. External Services The Platform may enable access to Visceral’s and/or third-party services and websites, including social media websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Visceral is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by the Platform or External Service, including but not limited to financial, medical, and location information, is for general informational purposes only and is not guaranteed by Visceral or its agents. You will not use the External Services in any manner that is inconsistent with these Terms of Use or that infringes the intellectual property rights of Visceral or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Visceral is not responsible for any such use. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Visceral reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you. 20. Dispute Resolution; Arbitration Agreement We will try to work in good faith to resolve any issue you have with the Platform, including any functionality and services available through the Platform, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction. You and Visceral agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms of Use or your use of the Platform shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and the amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Visceral are each waiving the right to a trial by jury or to participate in a class action or collective action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and Visceral. If you desire to assert a claim against Visceral, and you therefore elect to seek arbitration, you must first send to Visceral, by certified mail, a written notice of your claim (“Notice”). The Notice to Visceral should be addressed to: 228 Park Ave. S. #65771 New York, NY 10003 (“Notice Address”). If Visceral desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Visceral, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Visceral and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Visceral may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Visceral or you shall not be disclosed to the arbitrator. The arbitration will be administered by the Judicial Arbitration and Mediation Services, Inc. (JAMS) under the JAMS Comprehensive Arbitration Rules and Procedures then in effect, except as modified by this Section 20. The Comprehensive Arbitration Rules and Procedures are available online at jamsadr.com/rules-comprehensive-arbitration/. You agree that, by agreeing to these Terms, the Federal Arbitration Act will govern the interpretation and enforcement of this Section. The arbitrator is bound by the terms of these Terms of Use. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. If this Arbitrate Agreement provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for New York, New York, USA. 21. Limitation on Time to File Claims ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 22. Governing Law and Jurisdiction All matters relating to the Platform and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction). In the event of any dispute or claim involving intellectual property, or in the event the arbitration described in Section 20 is not available or upon mutual agreement of both parties to waive arbitration, any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Platform shall be instituted exclusively in the federal or state courts located in New York County, New York, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. 23. No Liability of App Stores and Other Third Parties. Your wireless carrier, the manufacturer and retailer of your mobile device, the developer of the operating system for your mobile device, the operator of any application store, marketplace, or similar service through which you obtain the App, and their respective affiliates, suppliers, and licensors (collectively, “Third Parties”) are not parties to these Terms of Use and they do not own and are not responsible for the App. Visceral, and not any Third Parties, is responsible for addressing any claims raised by you or any third party regarding the App or your use or possession thereof, including claims related to product liability, legal or regulatory requirements, and consumer protection or similar legislation. You are responsible for complying with all application store and other applicable Third Party terms and conditions. YOU AGREE (I) THE THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE APP, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (II) IN NO EVENT WILL THE THIRD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THESE TERMS OF USE OR THE APP, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (III) IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY THIRD PARTY FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND WILL IN NOT EXCEED FIVE HUNDRED DOLLARS ($500.00); AND (IV) YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST THE THIRD PARTIES ARISING OUT OF THE APP AND THESE TERMS OF USE. THE THIRD PARTIES ARE INTENDED THIRD PARTY BENEFICIARIES OF THESE TERMS OF USE, CAPABLE OF DIRECTLY ENFORCING ITS TERMS. NOTHING CONTAINED IN THESE TERMS OF USE WILL BE CONSTRUED AS MODIFYING OR AMENDING ANY AGREEMENTS OR OTHER TERMS BETWEEN YOU AND THE THIRD PARTIES WITH REGARD TO THEIR SUBJECT MATTER. In the event of any claim that the App or your possession and use of the App infringes a third party’s intellectual property rights, the Third Parties are not responsible for the investigation, defense, settlement, or discharge of the infringement claim. 24. Waiver and Severability No waiver by Visceral’s of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Visceral’s to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 25. Entire Agreement Subject to the terms of any Services Agreement between you and Visceral, the Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Visceral with respect to the Platform and Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform. 26. Changes to these Terms of Use Visceral may revise and update these Terms of Use from time to time at our sole discretion. Any changes to these Terms of Use will also be posted here and available from links to these Terms and Use included on our Platform. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter. Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. If you have an account, we may also notify you by email or otherwise as reasonably determined by us or required under applicable law. It is important that we have an up-to-date email address in your account so that we may notify you of such changes. Visceral reserves the right to, at any time, in its sole discretion, and without liability: (1) modify, suspend, or terminate operation of or access to the Platform or any portion thereof; (2) change, revise, or modify the Platform or any portion thereof; (3) interrupt the operation of the Platform or any portion thereof for maintenance and support; (4) impose limits on certain features and services, or restrict access to Platform; and/or (5) terminate the authorization, rights, and license given herein. Upon any termination, the rights and licenses granted to you herein shall terminate, and you must cease all use of the Platform. 27. Contact Us If you have any questions, concerns, complaints or suggestions regarding our Terms of Use or otherwise need to contact us, you may contact us at the contact information below or through the Contact Us page on our Platform. Natural Language Labs Inc. d/b/a Visceral 228 Park Ave. S. #65771 New York, NY 10003 Telephone: 717-860-6252 Email: info@visceral.ai