Terms of Service

Robyn AI Terms of Service

Welcome, and thank you for your interest in Robyn AI Inc. (“Robyn,” “we,” or “us”) and our website at www.meetrobyn.com, along with our related websites, hosted applications, mobile or other downloadable applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Robyn regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

BY CLICKING “[I ACCEPT],” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ROBYN’S PRIVACY POLICY [meetrobyn.com/privacy-policy] (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND ROBYN’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY ROBYN AND BY YOU TO BE BOUND BY THESE TERMS.

YOU AGREE TO RECEIVE TEXTS OR CALLS FROM OR ON BEHALF OF ROBYN AT THE PHONE NUMBER YOU PROVIDE TO US. THESE TEXTS OR CALLS MAY INCLUDE OPERATIONAL CALLS OR MESSAGES ABOUT YOUR USE OF THE SERVICE, AS WELL AS GENERAL MARKETING. YOU UNDERSTAND AND AGREE THAT THESE TEXTS OR CALLS MAY BE CONSIDERED TELEMARKETING UNDER APPLICABLE LAW, THEY MAY BE SENT USING AN AUTOMATIC TELEPHONE DIALING SYSTEM OR OTHER AUTOMATED TECHNOLOGY, AND YOUR CONSENT IS NOT A CONDITION OF ANY PURCHASE.

Arbitration NOTICE. Except for certain kinds of disputes described in Section 18 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND ROBYN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Service Overview. As part of the Service, we provide you with access to our proprietary artificial intelligence-based offering that can produce Output Content (defined below) based on your Input Content (defined below). The Service enables users to engage in personalized, emotionally intelligent interactions.
Artificial Intelligence. The Service uses artificial intelligence and machine learning. Any content that you may find in the Service is broad in nature and in scope, describes only general principles, and is intended for conversational purposes only. Reliance on any information provided through the Service is solely at your own risk. By using the Service, you acknowledge and agree that the technology used by Robyn is nascent, experimental, subject to manipulation and change, rapidly evolving, capable of being trained on any corpus of knowledge, and subject to unexpected outputs and results, some of which could be crude, damaging, dangerous, defamatory, disconcerting, discriminatory, false, harmful, illegal, inaccurate, infringing, misleading, offensive, or wrong (collectively, “Inaccurate”), even if we take commercially reasonable measures to prevent such outputs and results. The Service may provide results that are Inaccurate or information that does not accurately reflect real events, places, people, or facts or the views or opinions of a user. The Service may use artificial intelligence to generate words, phrases, trademarks, and other literary works, sound recordings, audiovisual works, and other works of authorship (“Generated Content”). Given the nature of machine learning, the Generated Content may provide Inaccurate content. You acknowledge and agree that Robyn will not be liable for any Inaccurate Generated Content, or any other content generated by the Service. However, we invite all users to notify us via email hello@meetrobyn.com with respect to any Generated Content that the user believes is Inaccurate or otherwise objectionable. You rely upon the Generated Content at your sole risk as further described in this Section 16 (Disclaimers; No Warranties by Robyn).
NO MEDICAL ADVICE; RECREATIONAL USE ONLY. THE SERVICE IS FOR RECREATIONAL PURPOSES ONLY. THE SERVICE (INCLUDING ANY GENERATED CONTENT) IS NOT INTENDED FOR ANY MEDICAL, MENTAL HEALTH, OR OTHER HEALTHCARE USE. ANY CONTENT GENERATED BY ROBYN VIA THE SERVICE IS INTENDED FOR RECREATIONAL PURPOSES ONLY AND SHOULD NOT BE INTERPRETED (OR SERVE) AS A SUBSTITUTE FOR ANY HEALTH PROFESSIONAL OR MEDICAL ADVICE OR CONSULTATION. NONE OF THE CONTENT MADE AVAILABLE THROUGH THE SERVICE SHOULD BE RELIED UPON TO MAKE ANY MEDICAL OR CLINICAL DECISIONS. ANY RELIANCE YOU PLACE ON THE SERVICE IS STRICTLY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT NONE OF THE INFORMATION PROVIDED VIA THE SERVICE HAS THE ABILITY TO DIAGNOSE, PRESCRIBE, TREAT, CURE, MITIGATE, OR PREVENT ANY DISEASE OR HEALTH CONDITION OR TO PERFORM ANY TASK THAT CONSTITUTES THE PRACTICE OF MEDICINE, AND YOUR USE OF THE SERVICE DOES NOT ESTABLISH A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND ROBYN. CERTAIN INFORMATION PROVIDED BY OR USED BY THE SERVICE RELATES TO OR IS BASED ON INFORMATION OBTAINED FROM THIRD-PARTY SOURCES, WHICH ARE SUBJECT TO CHANGE. NEITHER ROBYN NOR THE SERVICE HAS INDEPENDENTLY VERIFIED OR MAKES ANY REPRESENTATION AS TO THE ADEQUACY, FAIRNESS, ACCURACY OR COMPLETENESS OF ANY INFORMATION OBTAINED FROM THIRD-PARTY SOURCES. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING THAT YOU HAVE READ, SEEN, OR HEARD ON OUR SERVICE, INCLUDING ANY GENERATED CONTENT.
IF YOU HAVE ANY QUESTIONS REGARDING YOUR HEALTH OR A MEDICAL CONDITION, CONSULT WITH A HEALTHCARE PROFESSIONAL. IN CASE OF A MEDICAL EMERGENCY, DIAL 911 OR SEEK PROFESSIONAL HELP IMMEDIATELY. NATIONAL SUICIDE PREVENTION LIFELINE 1-800-273-TALK(8255).
ROBYN IS NOT RESPONSIBLE FOR ANY HEALTH OR SAFETY CONCERNS ASSOCIATED WITH YOUR USE OF ANY SERVICE.
Eligibility. You must be at least 18 years old to use the Service. If you are under 18 years old but are at least 13 years old, you may use the Service with the approval and oversight of a parent or guardian. It is prohibited to use our Service if you are under 13 years old. By agreeing to these Terms, you (or, in the case of persons who under the age of 18 but are at least 13 years old, your parent or guardian) represent and warrant to Robyn that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
Accounts and Registration. To access most features of the Service, you may have to register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, [phone number,] date of birth, or other information. After your initial account creation, Robyn may make available to you the ability to log onto the Service using a third-party service provider such as Apple or Google. If you direct Robyn to transmit data to, or receive data from, such third-party service provider on your behalf, then you authorize us to Process (defined below) your log-in credentials and all related data necessary to enable your ability to log in using such third-party service provider. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. You are responsible for all activities that occur under your account, including the activities of any child or other end user (each, an “End User”) who is provided access credentials under your account. You will be liable to us for any acts or omissions of an End User that, if committed by you, would be a breach of these Terms. You may not make account access credentials available to third parties, share individual login credentials between multiple users on an account, or resell or lease access to your account or any End User account. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password. If you believe that your account is no longer secure, then you should immediately notify us at hello@meetrobyn.com
General Payment Terms. Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. Unless otherwise specifically provided for in these Terms, all fees are in U.S. Dollars and are non-refundable, except as required by law. In order to pay applicable fees, you may be asked to supply certain information, including but not limited to credit card or other payment information. You agree to pay, using a Robyn-approved payment method, all charges incurred by you or any other End User on your credit card or other payment mechanism issued to you, including, without limitation, any applicable taxes and shipping, handling, and processing charges, if any, relating to such purchases and transactions. Payment transactions may be processed by a third-party payment processor, in which case, by making a payment through the Service, you agree to be bound by and subject to such payment processor’s terms of service and privacy policy. We reserve the right to refuse to process or complete any transaction, and to cancel any transaction, in our sole discretion. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable unless otherwise specifically provided for in these Terms.
Price. Robyn reserves the right to determine pricing for the Service. Robyn will make reasonable efforts to keep pricing information published on the Service up to date on our pricing page located at [Insert Link to Applicable Page]. We encourage you to check our pricing page periodically for current pricing information. Robyn may change the fees for any feature of the Service, including additional fees or charges, if Robyn gives you advance notice of changes before they apply. Robyn, at its sole discretion, may make promotional offers with different features and different pricing to any of Robyn’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
Authorization. You authorize Robyn to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Robyn, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, then Robyn may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
Subscription Service. The Service may include certain subscription-based plans with automatically recurring payments for periodic charges (“Subscription Service”). The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. The Subscription Service will begin on the Subscription Billing Date and continue for the subscription period that you select on your account (such period, the “Initial Subscription Period”), and will automatically renew for successive periods of the same duration as the Initial Subscription Period (the Initial Subscription Period and each such renewal period, each a “Subscription Period”) unless you cancel the Subscription Service or we terminate it. If you activate a Subscription Service, then you authorize Robyn or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of the Subscription Service, all accrued sums on or before the payment due date. Please ensure you review the Subscription Fee prior to purchasing. Your account will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your Subscription Service for all applicable fees and taxes for the next Subscription Period. You must cancel your Subscription Service before it renews in order to avoid billing of the next periodic Subscription Fee to your account. Robyn or its third-party payment processor will bill the periodic Subscription Fee to the payment method associated with your account or that you otherwise provide to us. You may cancel the Subscription Service by logging onto the Service and following the cancellation procedure therein. Your cancellation must be received before the renewal date in order to avoid charge for the next subscription period.
Delinquent Accounts. Robyn may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees. If your payment method is no longer valid at the time a renewal Subscription Fee is due, then Robyn reserves the right to delete your account and any information or Customer Content (defined below) associated with your account without any liability to you.
Tokens. As part of the Subscription Service, you will receive a set number of tokens per month (“Tokens”) to process Input Content and generate and receive Output Content. These Tokens may correspond to audio Input Content, text Input Content, or other categories of Input Content that Robyn may specify from time to time. We will credit your account for any Tokens acquired by you. If you have depleted your monthly Token allotment, we may permit you to purchase additional Tokens (“Purchased Tokens”). Other than your Purchased Tokens, all other Tokens included in the Subscription Service expire at the end of each month of your Subscription Period. Purchased Tokens will rollover month to month.
For sake of example only, you enter into a subscription on January 1st that allocates you 25 Tokens each month. On January 31st, you have 7 Tokens left and you buy 50 Purchased Tokens. On February 1, (a) the 7 Tokens will expire, (b) the 50 Purchased Tokens will carry over, and (c) and you will be allocated 25 Tokens for the month of February, which means that you will have 75 total tokens (25 Tokens from your monthly subscription for February and 50 Purchased Tokens). If on February 28th you have 3 Tokens left from your February allocation and 20 Purchased Tokens remaining from your purchase on January 31st, then on March 1st you will have 45 tokens (25 Tokens from your monthly subscription for March and 20 remaining Purchased Tokens)
Except as otherwise provided herein or required by applicable law, your license to use any and all Tokens and Purchased Tokens will terminate upon termination of these Terms or your account. Use of most aspects of the Service require the consumption of Tokens. If you wish to use the Service but have no Token balance and do not buy Purchased Tokens, then the Service may not be fully functioning for you, or you may not have access to all portions of the Service.
No Cost Tokens. Robyn may, at its sole discretion, provide a certain number of Tokens for you to engage with the Service at no cost. Robyn reserves the right to change the number of Tokens for such free use at any time and for any reason. Notwithstanding the foregoing, Robyn reserves the right to revoke any no-cost Tokens granted to you if Robyn, in our sole discretion, determines, or has a reasonable belief, that you have already received the specified number of no-cost Tokens using your current account or using a new account you create. For sake of clarity, you may not create multiple accounts (a) for the purpose of repeatedly taking advantage of any no-cost Tokens that Robyn may offer or (b) to otherwise avoiding payment obligations under these Terms.
Tokens Not Redeemable or Exchangeable. Tokens and Purchased Tokens do not: (a) have an equivalent value in fiat currency; (b) act as a substitute for fiat currency; (c) act as consideration for any legally enforceable contract; or (d) earn interest. Tokens are not redeemable or exchangeable for fiat currency, monetary value, or convertible virtual currency from us or any other third party. Robyn does not have any obligation to exchange Tokens for anything of value, including, but not limited to, fiat currency, except as required by applicable law. We may place limitations on use or purchase of Tokens or Purchased Tokens. FOR SAKE OF CLARITY, THERE ARE NO REFUNDS FOR ANY UNUSED PURCHASED TOKENS AT THE TIME OF EXPIRATION OR TERMINATION OF THESE TERMS.

Licenses

Limited License. Subject to your complete and ongoing compliance with these Terms, Robyn grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile or other downloadable application associated with the Service (whether installed by you or pre-installed on your mobile device by the device manufacturer or a wireless telephone provider) on a mobile device that you own or control; and (b) access and use the Service.
License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.
Feedback. We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service, including by providing such feedback directly through the Service (collectively, “Feedback”), then you hereby grant Robyn an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.
Ownership; Proprietary Rights. The Service is owned and operated by Robyn. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, Generated Content (excluding any of your Input Content or Output Content received and generated through use in compliance with these Terms) and all other elements of the Service provided by Robyn (“Materials”) are protected by intellectual property and other laws. All Materials included in the Service are the property of Robyn or its third-party licensors. Except as expressly authorized by Robyn, you may not make use of the Materials. There are no implied licenses in these Terms and Robyn reserves all rights to the Materials not granted expressly in these Terms.

Third-Party Terms

Third-Party Services and Linked Websites. Robyn may provide tools through the Service that enable you to export information, including Input Content, to third-party services, including through features that allow you to link your account on the Service with an account on the third-party service, such as Twitter/X or Facebook, or through our implementation of third-party buttons (such as “like” or “share” buttons). By using one of these tools, you hereby authorize Robyn to transfer that information to the applicable third-party service. Third-party services are not under Robyn’s control, and, to the fullest extent permitted by law, Robyn is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under Robyn’s control, and Robyn is not responsible for their content. Please be sure to review the terms of use and privacy policy of any third-party services before you share any Input Content or information with such third-party services. Once sharing occurs, Robyn will have no control over the information that has been shared.
Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
OpenAI Terms. Certain features of the Service leverage APIs provided by OpenAI, L.L.C. (“OpenAI”), or its affiliates. By using these features, you may be subject to certain OpenAI terms and policies, including OpenAI’s Sharing & Publication Policy available at https://openai.com/policies/sharing-publication-policy. You agree to review and comply with such policies at all times while using the Service.

Customer Content; Your Ownership Rights

Generally. Certain features of the Service, including, without limitation, Messaging (defined below), may permit users to submit, upload, publish, or otherwise transmit, (collectively, “Post”) content to the Service, including messages, data, text, voice, and any other works of authorship or other works (collectively, “Input Content”). The Service may allow you to Post Input Content to receive output consisting of Generated Content (“Output Content” and together with Input Content, the “Customer Content”).

Messaging

Robyn may offer group chat functions with certain parts of the Services, including functionality in the Service that enables communications between multiple users of the Service via text or audio chat (“Messaging”). If multiple users opt-in to participating in Messaging in a specific group as set forth in this Section 8.2 (Messaging), the Messaging feature allows you to send messages to those other users in that specific group (each, a “Group”). Users become members of a Group by receiving a direct invitation to join the Group by an existing Group member, or by creating the Group by inviting at least one other user (and at least one such user must accept the invitation to join). In some instances, Messaging may also allow users to send messages to users outside of a Group. In all cases if you are using Messaging, you must only do so in accordance with the requirements and restrictions set forth in these Terms, including without limitation Section 11 (Prohibited Conduct).
All text, audio, or any other information you Post in Messaging shall be considered “Input Content.” You will not submit to or via Messaging any content that is crude, damaging, dangerous, defamatory, disconcerting, discriminatory, harassing, false, harmful, illegal, inaccurate, infringing, misleading, offensive, or wrong (collectively, “Offensive Content”). Notwithstanding the foregoing prohibition on Offensive Content, you acknowledge that Robyn may, but has no obligation to, pre-screen or otherwise moderate Input Content submitted to or via Messaging, and that by using Messaging, you may be exposed to Customer Content you find qualifies as Offensive Content or that is otherwise offensive or inappropriate to you. YOUR USE OF THE SERVICE, INCLUDING MESSAGING, IS AT YOUR SOLE RISK, AND ROBYN WILL NOT BE LIABLE FOR ANY CUSTOMER CONTENT, OR ANY STATEMENTS, REPRESENTATIONS, DEFAMATION, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, PROFANITY, OFFENSIVE CONTENT, OR OTHER TYPES OF CONTENT THAT MAY RESULT FROM YOUR OR ANY OTHER USERS USE OF THE SERVICE, INCLUDING MESSAGING. As between you and Robyn, you should have no expectation of privacy when using Messaging. Robyn does not control and is not liable for how other users of the Service may use the Customer Content that you submit through Messaging. Robyn does not guarantee that other users of the Service or the content that other users submit to the Service will comply with these Terms or our other terms, policies, or guidelines. You should not submit any personal or sensitive information using Messaging, including any passwords, financial information, health-related information, dates of birth, Social Security numbers, passport numbers, credit card information, or any other sensitive information. Customer Content submitted to or via Messaging may be viewable by Robyn and Robyn reserves the right to hide or delete messages that violate these Terms. Messaging sessions may be recorded and stored by Robyn. By using or otherwise engaging with Messaging, you authorize Robyn to record your Customer Content and to use the recordings in any manner consistent with our Privacy Policy (defined below), including to improve our Service. You may report a user to Robyn for Offensive Content or other violations of this Section 8.2 (Messaging) and, if Robyn decides to review such report and, in its sole discretion, that the reported conduct violates these Terms, Robyn may take action to enforce these Terms, including, but not limited to, terminating the offending user’s account.
Your Ownership Rights. As between the parties, you retain any intellectual property rights and other proprietary rights that you hold in the Customer Content, subject to the licenses granted in these Terms. Subject to these Terms, (a) we hereby assign you all right, title, and interest in and to your Output Content; provided however, that we will retain all intellectual property rights that we own or have an interest in, prior to, or separate from the generation of your Output Content, which includes the Service and Materials (“Pre-Existing Robyn IP”); and (b) to the extent any Output Content provided to you includes any embedded Pre-Existing Robyn IP, then we grant you a license during the term solely to the extent necessary for you to use Output Content in accordance with these Terms.
Limited License Grant to Robyn. By Posting Input Content to or via the Service (including via Messaging) or receiving Output Content, you grant Robyn the perpetual, irrevocable, sublicensable, transferrable, royalty-free right and license to use, copy, store, host, disclose, transmit, transfer, publicly display, modify, create derivative works of, and otherwise process (collectively, “Process”) the Customer Content to: (a) track your use of Services for billing purposes; (b) provide the Services; (c) monitor the performance and stability of the Services; (d) prevent or address technical issues with the Services; (e) to improve Services, its other products and services, and to develop new products and services; (f) as agreed in writing by the parties; and (g) for all other lawful business practices, such as analytics, benchmarking, and reports.
You Must Have Rights to the Content You Post; Input Content Representations and Warranties. You must not Post Input Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that Input Content. Robyn disclaims any and all liability in connection with Input Content. You are solely responsible for your Input Content and the consequences of providing Input Content via the Service. By providing Input Content via the Service, you affirm, represent, and warrant to us that:
you are the creator and owner of the Input Content, or have the necessary licenses, rights, consents, and permissions to authorize Robyn and users of the Service to use and distribute your Input Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Robyn, the Service, and these Terms;
your Input Content, and the Posting or other use of your Input Content as contemplated by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Robyn to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties;
You are solely responsible for all uses of the Output Content and evaluating the Output Content for accuracy and appropriateness for your use case, including by utilizing human review as appropriate;
You acknowledge that due to the nature of our Service and artificial intelligence generally, Output Content may not be unique and other users may receive similar content from our services. Responses that are requested by and generated for other users are not considered your Output Content, no matter how similar. Any assignment of Output Content to you does not extend to other users’ output or any content delivered as part of a third-party offering or any third-party contained therein; and
your Input Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
Input Content Disclaimer. We are under no obligation to edit or control Input Content that you or other users Post and will not be in any way responsible or liable for Input Content. Robyn may, however, at any time and without prior notice, screen, remove, edit, or block any Input Content that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable. You understand that, when using the Service, you will be exposed to Generated Content from a variety of sources and acknowledge that Output Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Robyn with respect to Customer Content. If notified by a user or content owner that Customer Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the Customer Content, which we reserve the right to do at any time and without notice. For clarity, Robyn does not permit infringing activities on the Service.
Monitoring Content. Robyn does not control and does not have any obligation to monitor: (a) Customer Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that Robyn reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Robyn chooses to monitor the content, then Robyn still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy (defined below). Robyn may block, filter, mute, remove or disable access to any Input Content uploaded to or transmitted through the Service without any liability to the user who Posted such Input Content to the Service or to any other users of the Service.

Communications

Text Messaging and Phone Calls. You agree that Robyn and those acting on our behalf may call and send you text (SMS) messages at the phone number you provide us. These calls and messages may include operational calls or messages about your use of the Service, as well as marketing calls or messages. Calls and text messages may be made or sent using an automatic telephone dialing system. Standard data and message rates may apply whenever you send or receive such calls or messages, as specified by your carrier. IF YOU WISH TO OPT OUT OF MARKETING CALLS AND TEXT MESSAGES FROM ROBYN, YOU CAN EMAIL hello@meetrobyn.com OR TEXT THE WORD “STOP” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES. IF YOU WISH TO OPT OUT OF ALL CALLS AND TEXT MESSAGES FROM ROBYN, YOU CAN EMAIL hello@meetrobyn.com OR TEXT THE WORD “STOPALL” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL MESSAGES MAY IMPACT YOUR USE OF THE SERVICE. You may continue to receive calls and text messages for a short period while we process your request, including a message confirming the receipt of your opt-out request. Your agreement to receive marketing calls and texts is not a condition of any purchase on or use of the Service.
Push Notifications. When you install our app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when you are not in the app. You can turn off notifications by visiting your mobile device’s “settings” page.
Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:
use the Service for any illegal purpose or in violation of any local, state, national, or international law, or to aid or assist with any illegal purpose or in violation of any local, state, national, or international law;
harass, threaten, demean, embarrass, abuse, defame, stalk, or otherwise harm any other user of the Service, including through encouraging self-harm or sharing other inappropriate Input Content in the Messaging feature of the Service;
violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Robyn;
interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) collecting personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission, or falsifying your age or date of birth or falsely claiming that any content produced through your use of the Service was not generated with the assistance of artificial intelligence;
use the Service to create, receive, maintain, transmit, or otherwise process any information that includes or constitutes “Protected Health Information”, as defined under the HIPAA Privacy Rule (45 C.F.R. Section 160.103);
use the Service or any Materials to develop a competitive product or service using similar ideas, features, functions or graphics as the Service;
use the Materials or any Pre-Existing Robyn IP for any other reason than using the Service as permitted by these Terms;
sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6 (Ownership; Proprietary Rights)) or any right or ability to view, access, or use any Materials;
Post, distribute, or disseminate using the Service, including the Messaging feature, any inappropriate, profane, indecent, unlawful, defamatory, obscene topic, name, material, content, images, or information;
record, transcribe, screenshot, or otherwise retain or share any Customer Content that you receive through the Messaging feature of the Service;
otherwise use the Service, including the Messaging feature, in any manner that we deem, in our sole discretion, to be harmful or potentially harmful to our business, our products or services, other users, or any other third parties; or
attempt to do any of the acts described in this Section 11 (Prohibited Conduct) or assist or permit any person in engaging in any of the acts described in this Section 11 (Prohibited Conduct).

Intellectual Property Rights Protection

Respect of Third-Party Rights. Robyn respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Service to do the same. Infringing activity will not be tolerated on or through the Service.
DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about any material on the Service, you may contact our designated agent at the following address: Robyn AI Inc. Attn: Legal Department (IP Notification) 340 Fremont Street San Francisco, CA 94105 Email: hello@meetrobyn.com
Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written “Notification of Claimed Infringement” to the designated agent identified above containing the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
a description of the copyrighted work or other intellectual property right that you claim has been infringed;
a description of the material that you claim is infringing and where it is located on the Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and
a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property owner’s behalf.
Your Notification of Claimed Infringement may be shared by Robyn with the user alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to Robyn making such disclosures. You should consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
Repeat Infringers. Robyn’s policy is to: (a) remove or disable access to material that Robyn believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Service; and (b) in appropriate circumstances, to terminate the accounts of and block access to the Service by any user who repeatedly or egregiously infringes other people’s copyright or other intellectual property rights. Robyn will terminate the accounts of users that are determined by Robyn to be repeat infringers. Robyn reserves the right, however, to suspend or terminate accounts of users in our sole discretion.
Counter Notification. If you receive a notification from Robyn that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Robyn with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Robyn’s designated agent through one of the methods identified in Section 12.2 (DMCA Notification), and include substantially the following information:
your physical or electronic signature;
identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are residing outside of the United States, then for any judicial district in which Robyn may be found, and that you will accept service of process from the person who provided notification under Section 12.2 (DMCA Notification) above or an agent of that person.
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to Robyn in response to a Notification of Claimed Infringement, then Robyn will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that Robyn will replace the removed Input Content or cease disabling access to it in 10 business days, and Robyn will replace the removed Input Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Robyn’s designated agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on Robyn’s system or network.
False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides at 17 U.S.C. § 512(f) that: “[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of Robyn relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.” Robyn reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.

Modifications

Modification of Terms. We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should remove your Input Content and discontinue your use of the Service. Except as expressly permitted in this Section 13.1 (Modification of Terms), these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.
Modification of the Service. Robyn reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Robyn will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service. You should retain copies of any Customer Content so that you have permanent copies in the event the Service is modified in such a way that you lose access to such Customer Content.

Term, Termination, and Modification of the Service

Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 14.2 (Termination).
Termination. If you violate any provision of these Terms, then your authorization to access the Service and these Terms will automatically terminate. In addition, Robyn may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account and these Terms at any time by logging onto the Service and following the termination procedure therein.
Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Robyn any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5.3 (Feedback), 6 (Ownership; Proprietary Rights), 8.4 (Limited License Grant to Robyn), 8.5 (You Must Have Rights to the Content You Post; Input Content Representations and Warranties), 8.6 (Input Content Disclaimer), 13 (Modifications), 14.3 (Effect of Termination), 15 (Indemnity), 16 (Disclaimers; No Warranties by Robyn), 17 (Limitation of Liability), 18 (Dispute Resolution and Arbitration), and 19 (Miscellaneous) will survive. You are solely responsible for retaining copies of any Customer Content since upon termination of your account, you may lose access rights to such Customer Content. [During a Subscription Period and for the 30-day period immediately following the date of expiration or earlier termination of the applicable Subscription Period, or upon written request from you, you may export data or information that you Post to the Service using the export features described in the Service. After that 30-day period, Robyn will be under no obligation to store or retain the applicable Customer Content and may delete the applicable Customer Content at any time in its sole discretion.] If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address or other forms of account verification.
Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Robyn, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Robyn Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (d) your Input Content; or (e) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

Disclaimers; No Warranties by Robyn

Disclaimers Related to Artificial Intelligence. To the maximum extent permitted by applicable law, and notwithstanding anything otherwise expressly provided herein, we disclaim any and all liability related to the following:
Use of AI; Assumption of Risk. The Service may return Inaccurate information that does not accurately reflect real people, places, or facts. The Service does not provide any medical, health, safety, legal, financial, tax, accounting, or other professional advice, even if you prompt the Service to provide Generated Content falling within any of the foregoing (or any other regulated industries), and ALL GENERATED CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. Robyn does not and cannot guarantee that Generated Content does not infringe or misappropriate the intellectual property, privacy, or other rights of any third-party or is appropriate for any particular use or user. Prior to any use of any Generated Content, you will make your own determination as to the safety, efficacy, accuracy, lawfulness, and appropriateness of any Generated Content for any given use. You acknowledge and agree that artificial intelligence tools are novel and experimental, and that therefore there is significant uncertainty regarding the operation and output. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND ROBYN WILL NOT BE LIABLE FOR ANY GENERATED CONTENT, OR ANY STATEMENTS, REPRESENTATIONS, DEFAMATION, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, PROFANITY, OR OTHER TYPES OF CONTENT THAT MAY RESULT FROM YOUR OR ANY OTHER USERS USE OF THE SERVICE.
Certain Risks of Generative AI. Any artificial intelligence utilized in delivering the Service may depend on third-party generative artificial intelligence models that are not under the control or influence of Robyn and are subject to risks and uncertainties. Robyn may have limited or no ability to change these technologies. You are solely responsible for the use or implementation of any Generated Content provided by or through the Service including republication of any Generated Content.
Regulatory Uncertainty. Artificial intelligence is subject to many legal and regulatory uncertainties, and the Service could be adversely impacted by one or more regulatory or legal inquiries, actions, suits, investigations, claims, fines or judgments, which could impede or limit your ability to continue the use and enjoyment of these technologies.
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. ROBYN DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. ROBYN DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND ROBYN DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ROBYN ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE ROBYN ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING INPUT CONTENT.

ROBYN DOES NOT PROVIDE MEDICAL ADVICE. WITHOUT LIMITING ANY OTHER TERMS IN THESE TERMS:

THE SERVICES PROVIDED BY ROBYN DO NOT CREATE A MEDICAL PROFESSIONAL OR PATIENT RELATIONSHIP BETWEEN ROBYN AND YOU, AND DO NOT CONSTITUTE ANY PROFESSIONAL OPINION, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT BY ROBYN. NONE OF THE SERVICES PROVIDED BY ROBYN ARE INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, ANY PROFESSIONAL ADVICE, DIAGNOSIS, OR TREATMENT.
ROBYN IS NOT A HEALTHCARE PROVIDER. ROBYN DOES NOT VERIFY OR REVIEW ANY INFORMATION OR SERVICE THAT YOU MAY RECEIVE FROM A HEALTHCARE PROVIDER OR ANY OTHER THIRD PARTY. YOUR INTERACTIONS WITH ANY HEALTHCARE PROVIDER, AND ANY OPINIONS, RECOMMENDATIONS, MATERIALS, OR INFORMATION MADE AVAILABLE TO YOU BY ANY HEALTHCARE PROVIDER, ARE SOLELY BETWEEN YOU AND THE HEALTHCARE PROVIDER.
ROBYN DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR OTHER COMMITMENTS OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH ANY HEALTHCARE PROVIDER OR ANY INFORMATION ON THE SERVICE. WITHOUT LIMITING THE FOREGOING, ROBYN DOES NOT ENDORSE ANY PARTICULAR HEALTHCARE PROVIDER OR TREATMENT METHOD OR TECHNIQUE, AND SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN BY ANY PARTY IN RELIANCE ON INFORMATION ARISING FROM ANY USE OF THE SERVICE.
NOTHING IN THESE TERMS SHOULD BE CONSTRUED TO ALTER OR OTHERWISE AFFECT THE LEGAL, ETHICAL OR PROFESSIONAL RELATIONSHIPS BETWEEN AND AMONG YOU AND HEALTHCARE PROVIDERS, NOR DOES ANYTHING IN THESE TERMS ABROGATE ANY RIGHT, PRIVILEGE OR OBLIGATION ARISING FROM OR RELATED TO THE PHYSICIAN-PATIENT RELATIONSHIP.
ROBYN IS NOT A REFERRAL SERVICE AND DOES NOT REFER, RECOMMEND OR ENDORSE ANY PARTICULAR HEALTHCARE PROVIDER, TEST, PROCEDURE, OPINION, OR OTHER INFORMATION THAT MAY APPEAR VIA THE SERVICES. IF YOU RELY ON ANY INFORMATION OR SERVICE, YOU DO SO SOLELY AT YOUR OWN RISK. WE ENCOURAGE YOU TO INDEPENDENTLY CONFIRM ANY INFORMATION OR CONSULTATION RELEVANT TO YOU WITH OTHER SOURCES.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 16 (Disclaimers; No Warranties by Robyn) APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Robyn does not disclaim any warranty or other right that Robyn is prohibited from disclaiming under applicable law.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE ROBYN ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY ROBYN ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTIONS 18.5 (COMMENCING ARBITRATION) AND 18.7 (ARBITRATION RELIEF) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE ROBYN ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO ROBYN FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (B) $100 USD.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 17 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Dispute Resolution and Arbitration

Generally. Except as described in Section 18.2 (Exceptions) and 18.3 (Opt-Out), you and Robyn agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ROBYN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 18 (Dispute Resolution and Arbitration) within 30 days after the date that you agree to these Terms by sending a letter to Robyn AI Inc., Attention: Legal Department – Arbitration Opt-Out, 340 Fremont Street San Francisco, CA 94105 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Robyn receives your Opt-Out Notice, this Section 18 (Dispute Resolution and Arbitration) will be void and any action arising out of these Terms will be resolved as set forth in Section 19.2 (Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
Arbitrator. This arbitration agreement, and any arbitration between us, is subject the Federal Arbitration Act and will be administered by the JAMS under the rules applicable to consumer disputes (collectively, “JAMS Rules”) as modified by these Terms. The JAMS Rules and filing forms are available online at www.jamsadr.com, by calling the JAMS at +1-800-352-5267 or by contacting Robyn.
Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Robyn’s address for Notice of Arbitration is: Robyn AI Inc., 340 Fremont Street San Francisco, CA 94105. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Robyn may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, Robyn will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000 USD or if Robyn has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the JAMS Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS Rules and the other party may seek reimbursement for any fees paid to JAMS.
Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your residence unless we agree otherwise or, if the claim is for $10,000 USD or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the JAMS Rules in the county (or parish) of your residence. During the arbitration, the amount of any settlement offer made by you or Robyn must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
Arbitration Relief. Except as provided in Section 18.8 (No Class Actions), the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by Robyn before an arbitrator was selected, Robyn will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) $10,000 USD. The arbitrator’s award will be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party will have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that will not be bound by the arbitrator’s application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.
No Class Actions. YOU AND ROBYN 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, unless both you and Robyn agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision. If Robyn makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Robyn’s address for Notice of Arbitration, in which case your account with Robyn will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
Enforceability. If Section 18.8 (No Class Actions) or the entirety of this Section 18 (Dispute Resolution and Arbitration) is found to be unenforceable, or if Robyn receives an Opt-Out Notice from you, then the entirety of this Section 18 (Dispute Resolution and Arbitration) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 19.2 (Governing Law) will govern any action arising out of or related to these Terms.

Miscellaneous

General Terms. These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Robyn regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your Input Content, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and Robyn submit to the personal and exclusive jurisdiction of the state courts and federal courts having jurisdiction over San Francisco County, California, for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in California, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
Privacy Policy. Please read the Robyn Privacy Policy located at meetrobyn.com/privacy-policy (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Robyn Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service, including, without limitation, our acceptable use policy available here: [insert AUP link] (as may be updated from time to time) (collectively, the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
Contact Information. The Service is offered by Robyn AI Inc., located at 340 Fremont Street San Francisco, CA 94105. You may contact us by sending correspondence to that address or by emailing us at hello@meetrobyn.com.
Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
Notice Regarding Apple. This Section 20 (Notice Regarding Apple) only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Robyn only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content of it. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (3) 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 the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these 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 of these Terms. You hereby represent and warrant that: (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.