1. Acceptance of these Terms
These Terms of Use ("Terms") are a legal contract between you (“You/Your”) and Kurt Clayson Ventures LLC dba ANDR3W AI (“ANDR3W” or “Us” or “We” or “Our”) and govern Your access to and use of the ANDR3W website located at andr3w.ai and its subpages (the "Site") and the ANDR3W artificial intelligence (“AI”)-powered platform, agents, and related services (the "Platform"). The Site and Platform are collectively referred to as the “Services”. By accessing or using the Services, You agree to these Terms.
If you use the Platform on behalf of your organization (“Organization”) under a signed order or customer agreement with Kurt Clayson Ventures LLC dba ANDR3W AI (a "Customer Agreement"), that Customer Agreement controls over these Terms to the extent of any conflict.
If You do not agree with and accept the Terms, please discontinue all further use of the Services. Do not log into the Platform and immediately delete all files, if any, associated with the accompanying Platform from your computer or mobile device.
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW YOU AGREE THAT DISPUTES BETWEEN YOU AND ANDR3W WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU CAN OPT-OUT OF THE ARBITRATION AGREEMENT BY CONTACTING legal@andr3w.ai WITHIN 30 DAYS OF ACCEPTING THESE TERMS.
2. The Platform
ANDR3W provides semi-autonomous and autonomous AI agents that operate within business and operational workflows through authenticated connections to your Organization’s technology systems. You may use the Platform only for lawful business purposes and in accordance with these Terms, the Customer Agreement, within the scope of your role and relationship with your Organization, and our documentation.
3. AI Outputs
By accessing or utilizing the Platform, you agree to use them strictly for authorized operational and administrative documentation support tasks. You are solely responsible for ensuring that all data, patient information, billing codes, and administrative prompts submitted to the Platform ("Inputs") comply fully with applicable healthcare privacy and security standards, including HIPAA, HITECH, and state-level privacy mandates. Unless explicitly permitted under an executed Business Associate Agreement (“BAA”) and transmitted via designated encrypted channels, you agree not to submit unencrypted Protected Health Information (“PHI”) or sensitive patient metrics. You further agree not to use the Platform to bypass security controls, reverse-engineer proprietary administrative logic, or deploy unauthorized automated workflows.
All AI-generated content ("Outputs"), serve exclusively as administrative aids and do not constitute certified medical, financial, billing, or legal advice. You acknowledge that AI technology may produce incomplete, outdated, or inaccurate information. For the avoidance of doubt, a qualified human professional must independently review, verify, and approve all Outputs prior to submitting claims to payors, updating Electronic Health Record (EHR) systems, or taking binding administrative actions at your Organization. To the fullest extent permitted by law, we disclaim all liability for claims denials, billing errors, regulatory penalties, audit failures, or operational delays resulting from your failure to independently validate generated Outputs.
4. Not a Medical Device
The Platform provides You with administrative and operational assistance only. The Platform is not a medical device and is not intended for clinical diagnosis, treatment decisions, or patient-facing medical advice. The Platform’s Outputs are generated by AI models and may be inaccurate or incomplete. You are responsible for reviewing Outputs before relying on or sharing them.
5. Acceptable Use
You will not: (a) use the Platform in violation of law or third-party rights; (b) attempt to reverse engineer, probe, or circumvent security or AI model controls; (c) provide Inputs you lack the right to provide; (d) use the Platform to build a competing AI model or service; (e) upload malware or interfere with the Platform's operation; (f) use the Platform for high-uses excluded in Section 6; (g) use the Platform, or permit any authorized or end user to use it, in any manner that violates the acceptable use, usage, or service policies of our AI model or cloud infrastructure providers, the requirements of which flow down to you and your authorized users; (h) submit PHI except through features expressly designated by ANDR3W as PHI-eligible and covered by an applicable BAA, and you will not include PHI in unsupported channels (for example, support tickets or support communications, free-text fields not designated for PHI, or model capabilities not covered by a BAA, such as web-browsing or web-fetch features); or (i) use the Platform in any manner that would cause ANDR3W to breach its agreements with its model or infrastructure providers. You are responsible for your authorized users' compliance with this Section.
6. Third-Party services and Model Providers
To the extent any features, aspects, products, or services offered through the Services are provided, in whole or in part, by third parties (“Third-Party Services” as provided by “Third-Party Service Providers”), You may be subject to additional terms and conditions.
The Platform utilizes third-party infrastructure and AI model providers (see the Privacy Policy for the subprocessor list). As a condition of using the Platform, You and your authorized users must comply with those AI model providers' applicable terms, usage policies, and acceptable use policies, which are incorporated by reference and flow down to you, and you are responsible for Your compliance. To maintain compliance with these Terms and to protect the Platform, ANDR3W may modify, suspend, restrict, or discontinue access to any feature, model, or model capability, or suspend an account, including on short notice where required. Certain AI model capabilities (for example, web-browsing or web-fetch) are not covered by our BAAs and must not be used to process PHI.
IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THOSE ADDITIONAL TERMS AND CONDITIONS, DO NOT USE THE RELATED THIRD-PARTY SERVICES OR THE PLATFORM.
In the event of any inconsistency between terms of use relating to Third-Party Services and these Terms, those additional terms and conditions will control with respect to such Third-Party Services. Third-Party Service Providers may collect and use certain information about You, as specified in the Third-Party Service Provider’s privacy policies. Prior to providing information to any Third-Party Service Provider, You should review their privacy policy. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THE TERMS OF A THIRD-PARTY SERVICE PROVIDER’S PRIVACY POLICY OR TERMS OF USE, YOU SHOULD NOT USE THE THIRD-PARTY SERVICES OR THE PLATFORM. WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR ANY OF YOUR INFORMATION COLLECTED OR USED BY THIRD-PARTY SERVICE PROVIDERS.
7. Customer Data and Content
"Customer Content" means data, prompts, files, and connected-system information You or Your Organization provide to or make accessible to the Platform. As between You and ANDR3W, your Organization retains all rights in Customer Content. You grant ANDR3W a limited license to process Customer Content solely to provide and support the Platform. Our handling of Customer Content, including any PHI processed under a BAA is described in the Privacy Policy and, where applicable, the governing BAA and Customer Agreement.
8. Intellectual property
“Intellectual Property Rights” means all intellectual property rights or similar proprietary rights, including (i) patent rights and utility models, (ii) copyrights and database rights, (iii) trademarks, trade names, domain names, and trade dress and the goodwill associated therewith, (iv) trade secrets, (v) mask works, and (vi) industrial design rights; in each case, including any registrations of, applications to register, and renewals and extensions of, any of the foregoing in any jurisdiction in the world.
As between You and ANDR3W, all right, title, and interest, including all Intellectual Property Rights, in the Services, any related materials, logos, products, and documentation, and any other property or materials furnished or made available hereunder, and all modifications and enhancements thereof, belong to and are retained solely by ANDR3W or its licensors, vendors, and affiliates, as applicable. All rights not expressly granted are reserved by Us. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
We welcome and encourage You to provide feedback, comments, and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by emailing Us at legal@andr3w.ai. You acknowledge and agree that if You submit any Feedback to Us, You grant Us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license under any and all intellectual property rights that You own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.
9. Accounts and Access
You are responsible for the security of your credentials and for activity under your User Account (defined below) and must promptly notify ANDR3W of any unauthorized use. Access may be provisioned and administered by your Organization; role and permission controls are governed by the Customer Agreement and our access-control model.
You must register to create an account (“User Account”) and become a registered user to access the Platform. The registration process begins when Your Organization’s designated administrator enters Your demographic information (e.g., name, email address, contact information, role, and licensure information) in the Platform (collectively, Your “Registration Data”). From there, You will receive an email inviting You to register to use the Platform. To register, You must create a password. You agree not to register for a User Account on behalf of an individual other than Yourself unless You are legally authorized to bind such person to these Terms. By registering another person, You hereby represent that You are legally authorized to do so.
By registering for an account and using the Platform, You represent and warrant as follows:
1.You are at least 18 years old and are otherwise legally qualified to enter into and form contracts under applicable law;
2.Your Registration Data is true, accurate, current, and complete;
3.You will update Your Registration Data as needed to maintain its accuracy;
4.You are authorized to create a User Account (either for Yourself or another person);
5.You acknowledge and agree to the terms of the Privacy Policy;
6.You are legally authorized to view information stored in or processed through the Platform;
7.You are not located in a country that is subject to a U.S. Government embargo or that is designated by the U.S. Government as a “terrorist supporting country, and You are not listed on any U.S. Government list of prohibited or restricted parties.
8.You hold all required licenses, registrations, certifications, credentials, privileges, consents, and authorizations required by applicable law and Your professional role to access, use, and act upon the information available through the Services;
9.You will use the Platform only within the scope of Your professional role at your Organization and only as permitted by applicable law, these Terms, and any applicable Customer Agreement;
NOTE: THIS AGREEMENT IS VOID WHERE PROHIBITED BY LAW. DO NOT USE THE SERVICES WHERE PROHIBITED BY LAW. YOU UNDERSTAND THAT YOUR USE OF THE SERVICES MAY INVOLVE OR REQUIRE THE TRANSMISSION OF SIGNIFICANT AMOUNTS OF DATA. YOU ARE RESPONSIBLE FOR ALL DATA CHARGES THAT MAY BE CHARGED BY YOUR WIRELESS CARRIER OR INTERNET SERVICE PROVIDER OR THAT MAY OTHERWISE ARISE FROM YOUR USE OF THE SERVICES.
10. User Credentials
The Platform requires You to create a password to access and use the Platform via your User Account (the “User Credentials”). You are solely responsible for (i) maintaining the strict confidentiality of Your User Credentials, (ii) not allowing another person to use Your User Credentials to access the Services, and (iii) any and all damages or losses that may be incurred or suffered as a result of any activities that occur under Your User Credentials, regardless of whether You were aware of those activities. You agree to immediately notify ANDR3W in writing by email of any unauthorized use of Your User Credentials or any other compromise of the security of Your User Account.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO ANY APPLICABLE CUSTOMER AGREEMENTS AND BAAS, WE WILL NOT BE LIABLE FOR ANY LOSS THAT YOU INCUR AS A RESULT OF SOMEONE ELSE USING YOUR USER CREDENTIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO ANY APPLICABLE CUSTOMER AGREEMENTS AND BAAS, WE ARE NOT AND SHALL NOT BE LIABLE FOR ANY HARM ARISING FROM OR RELATING TO THE THEFT OF YOUR USER CREDENTIALS AND/OR ANY RESULTING ACCESS TO YOUR PERSONAL DATA, YOUR DISCLOSURE OF YOUR USER CREDENTIALS, OR THE USE OF YOUR USER CREDENTIALS BY ANOTHER PERSON OR ENTITY REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE.
You may be held liable for any losses incurred by ANDR3W and/or its affiliates, officers, directors, and representatives due to someone else’s use of Your User Account or password, regardless of whether You were aware of such use.
11. Protecting Your Privacy
ANDR3W values Your privacy and is committed to keeping Your Personal Data (as defined in the Privacy Policy) confidential. Please see Our Privacy Policy for an explanation of Our privacy practices, the data We collect from You, how We use that data, and Your rights regarding Your data. By clicking “I Agree,” accessing or using the Services, or by downloading, viewing, or uploading any content through the Services, You acknowledge and agree to the provisions of the Privacy Policy and affirm that the Privacy Policy is a part of these Terms.
By using the Services and accepting these Terms, You further acknowledge that ANDR3W may share Your Personal Data with third parties as described in the Privacy Policy, and will seek Your consent before doing so where required by law.
We are not responsible for nor liable to You or any third party for a third party’s treatment of Personal Data, including any collection, use, disclosure, storage, loss, theft, or misuse of Personal Data, whether or not such treatment violates applicable law.
12. Fees
Fees, if any, are governed by the applicable Customer Agreement or order. These Terms alone do not create a payment obligation.
13. Confidentiality
Each party will protect the other's confidential information as set out in the Customer Agreement.
14. Disclaimers
No Warranties.
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ANDR3W EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ANDR3W MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ANDR3W MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, APPLICATIONS, OR MATERIALS ACCESSED OR PURCHASED THROUGH THE APPLICATION OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED ANDR3W OR THROUGH THE PLATFORM OR MATERIALS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, PATIENTS AND OTHER AUTHORIZED THIRD PARTIES.
ANDR3W CANNOT ALWAYS FORESEE OR ANTICIPATE TECHNICAL OR OTHER DIFFICULTIES THAT MAY RESULT IN FAILURE TO OBTAIN DATA OR LOSS OF DATA, PERSONALIZATION SETTINGS, OR OTHER SERVICE INTERRUPTIONS. ANDR3W CANNOT ASSUME RESPONSIBILITY FOR THE TIMELINESS, ACCURACY, DELETION, NON-DELIVERY, OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS, OR PERSONALIZATION SETTINGS. IT IS YOUR RESPONSIBILITY TO BACKUP ANY INFORMATION YOU ENTER INTO THE PLATFORM.
15. Limitation on damages and liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO ANY APPLICABLE CUSTOMER AGREEMENTS AND BAAS, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. NEITHER ANDR3W NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR APPLICATIONS, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANDR3W HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED IN MEETING ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BUT DO NOT LIMIT LIABILITY WHERE SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW OR EXPRESSLY PROHIBITED BY AN APPLICABLE CUSTOMER AGREEMENT OR BAA.
IF YOU ARE DISSATISFIED WITH THE SERVICES OR THESE TERMS, YOUR ONLY REMEDY IS TO DISCONTINUE USING THE SERVICES.
ANDR3W IS NOT LIABLE TO YOU OR ANY PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION INCLUDED IN THE SERVICES. ANDR3W IS NOT LIABLE TO ANY USER OR PERSON FOR ANY HARM CAUSED BY YOUR NEGLIGENCE OR MISCONDUCT, WHETHER OR NOT RELYING UPON INFORMATION COLLECTED, GENERATED, OR STORED VIA THE SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, ANDR3W’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00. ANY CLAIM ARISING FROM THE USAGE OF THE SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE OCCURRENCE OF THE EVENT FROM WHICH THE CLAIM AROSE.
16. Indemnification
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ANDR3W AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND REPRESENTATIVES FROM ANY LIABILITY, LOSS, CLAIM, SUIT, DAMAGE, AND EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (I) YOUR ACCESS TO OR USE OF THE SERVICES; (II) YOUR VIOLATION OF THESE TERMS OR ANY APPLICABLE LAW OR REGULATION; (III) YOUR UNAUTHORIZED ACCESS, USE, OR DISCLOSURE OF INFORMATION THROUGH THE SERVICES; (IV) YOUR FAILURE TO OBTAIN REQUIRED CONSENTS, AUTHORIZATIONS, OR LEGAL RIGHTS PRIOR TO SUBMITTING OR ACCESSING INFORMATION THROUGH THE SERVICES; (V) THE CLINICAL SERVICES, MEDICAL JUDGMENT, PATIENT COMMUNICATIONS, DOCUMENTATION, BILLING, CODING, CLAIMS, OR REIMBURSEMENT PRACTICES OF YOU OR YOUR ORGANIZATION; (VI) YOUR NEGLIGENCE OR WILLFUL MISCONDUCT; (VII) YOUR VIOLATION OF APPLICABLE LAW; OR (VIII) MISUSE OF YOUR USER ACCOUNT OR USER CREDENTIALS BY YOU OR BY ANY OTHER PERSON ACCESSING THE SERVICES THROUGH YOUR USER ACCOUNT, REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
17. Suspension and Termination
We may suspend or terminate access to the Services for material breach of these Terms, a security risk as identified by Us in our sole discretion, or non-payment as permitted by the Customer Agreement. Upon termination, your right to use the Platform ends; data handling on termination is governed by the Privacy Policy and Customer Agreement.
18. Changes to these Terms
We may update these Terms. Material changes will be notified by posting with an updated effective date. Your continued use of the Services after changes to these Terms take effect constitutes acceptance.
19. Governing law
These Terms are governed by the laws of the State of Delaware, without regard to conflicts of law, except where a Customer Agreement specifies otherwise for that customer relationship.
20. Dispute Resolution
*PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS*
You agree that any dispute between You and ANDR3W arising out of or relating to these Terms will be governed by the dispute resolution procedure outlined below. We want to address Your concerns without needing a formal legal case, so We have included a tiered dispute resolution process. This Dispute Resolution section may be modified by a written agreement between You and ANDR3W.
Informal Dispute Resolution.
Before filing a claim against ANDR3W, You agree to try to resolve the dispute informally by contacting legal@andr3w.ai. Most user concerns can be resolved quickly and to Your satisfaction through email.
Arbitration Agreement.
In the unlikely event that Our support team is unable to resolve a complaint You may have (or if We have not been able to resolve a dispute with You after attempting to do so informally), including, but not limited to, any alleged breach of these Terms, You agree to resolve the dispute through binding arbitration. Arbitration, which is often less expensive, faster, and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award, and may, but do not have to, award legal fees, arbitrator’s fees and costs, and other costs incurred by the party that does not win the dispute. You agree that any dispute will be exclusively, fully, and finally resolved using binding arbitration through the American Health Lawyers Association (“AHLA”).
Arbitration Procedure.
You and ANDR3W agree to employ three (3) arbitrators (the “Panel”), where one arbitrator (1) is selected by You, one (1) arbitrator is selected by ANDR3W, and the third (3rd) arbitrator is selected by mutual consent of You and ANDR3W. If You and ANDR3W cannot agree upon the third arbitrator, the first two (2) arbitrators chosen shall select the third arbitrator. The selection decision shall be binding.
The arbitration shall be conducted by telephone, online, and/or be solely based on written submissions—the specific manner to be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the Panel may be entered in any court of competent jurisdiction.
Any claim or dispute arising under these Terms must be initiated by arbitration within one (1) year from its accrual date, unless applicable law requires a longer limitations period, in which case such longer period shall apply. Any claim or dispute initiated after the applicable limitations period shall be time-barred and dismissed.
Cost of Arbitration.
Arbitration fees and costs shall be allocated in accordance with the applicable AHLA rules and applicable law, including any fee-shifting or fee-waiver provisions available under such rules or applicable law.
Exceptions to Agreement to Arbitrate.
ANDR3W may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in the informal dispute-resolution process described above.
YOU MAY ONLY RESOLVE DISPUTES WITH ANDR3W ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED UNDER THESE TERMS.
Opt-Out of Alternative Dispute Resolution Process.
Notwithstanding the above, You can decline or “opt-out” of the alternative dispute resolution process described above by contacting legal@andr3w.ai within 30 days of first accepting these Terms and stating that You (first and last name) decline this dispute resolution process.
YOU UNDERSTAND AND AGREE THAT, BY NOT OPTING OUT OF THE ALTERNATIVE DISPUTE RESOLUTION PROCESS DESCRIBED, YOU WAIVE ANY RIGHT TO A JURY TRIAL TO WHICH YOU MAY OTHERWISE BE ENTITLED IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THESE TERMS.
If You opt-out of the dispute resolution process described in this section, or if any matter is otherwise determined not to be subject to such dispute resolution process, You submit to the exclusive jurisdiction of any state or federal court sitting in the State of Delaware in any legal proceeding arising out of or relating to these Terms. You agree that any and all claims and matters arising out of these Terms, unless subject to the dispute resolution process described above, may be heard and determined in any such court, and You hereby waive any right to object to such filing on grounds of improper venue, forum non-convenience, or other venue-related grounds, unless such objection asserts that the claim or matter in dispute is subject to determination through the dispute resolution process described above.
21. Remedies.
Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If, for any reason, a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
22. Contact
Questions about these Terms: legal@andr3w.ai.