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Annura AI: Terms of Use

Version 1.0 — Last Revised: October 12, 2026

Welcome to Annura AI. These Terms of Use ("Terms") govern your download, installation, access to, and use of the Annura AI platform, including the mobile application (the "App", available on Google Play under package ID com.annura.ai), the website located at https://annura.ay7.me (the "Site"), and all associated software, features, tools, nutritional algorithms, artificial intelligence models, cloud infrastructure, and services (collectively, the "Platform" or "Services"), owned and operated by Annura AI ("Company," "us," "our," or "we"). Certain features or offerings across the Platform may be subject to additional guidelines, rules, or policies posted on the Platform, which are incorporated by reference into these Terms.

By accessing, browsing, downloading, installing, registering an account on, or otherwise using the Platform, or by clicking "I agree" (or a similar button or checkbox) when presented with that option, you agree to these Terms on behalf of yourself or the entity you represent, and you confirm that you have the authority to do so. You must be at least eighteen (18) years old to access or use the Platform. If you do not agree to these Terms, do not access, download, or use any part of the Platform.

[!IMPORTANT] PLEASE READ SECTION 15 CAREFULLY. It contains an agreement to resolve disputes through binding individual arbitration instead of in court, and includes a waiver of class action rights and jury trial rights. You have thirty (30) days to opt out of the arbitration agreement, as further described in Section 15.

[!WARNING] CRITICAL MEDICAL DISCLAIMER — PLEASE READ SECTION 4 CAREFULLY. Annura AI is not a healthcare professional, medical provider, or medical device, and does not provide medical advice, diagnosis, treatment, or clinical management.

1. Platform Accounts & Security

1.1 Account Creation

To access certain features of the Platform (including personalized meal tracking, fasting schedules, and AI dietary analysis), you may be required to register for a user account. When registering, you agree to provide accurate, current, and complete information and to keep that information updated. You must be at least eighteen (18) years of age to register an account. We may suspend or terminate your account as described in Section 12.

1.2 Account Security

You are responsible for safeguarding your login credentials and for all activities that occur under your account. If you discover or suspect unauthorized access to your account or any other breach of security, you must notify us immediately at play.ay11@gmail.com. We are not liable for any losses or damages resulting from your failure to keep your credentials secure.

1.3 Self-Service Account & Data Deletion

You retain complete ownership and control over your account. You can permanently delete your account and all associated personal records at any time:

2. Platform License, Restrictions & Intellectual Property

2.1 License to Use the Platform

Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

  1. Access and use the Site and web-based Platform features for your personal, non-commercial purposes; and
  2. Download, install, and execute the App on compatible mobile devices that you own or control, solely for your personal, non-commercial nutrition and wellness tracking.

2.2 Prohibited Use & Conduct

You agree that you will not:

  1. License, sell, rent, lease, transfer, assign, distribute, host, or commercially exploit any part of the Platform or content therein;
  2. Modify, translate, adapt, merge, decompile, disassemble, reverse-compile, or reverse-engineer any portion of the Platform, underlying source code, or AI model prompts;
  3. Access the Platform in order to build a similar or competing product, application, or service, or to benchmark performance;
  4. Copy, reproduce, distribute, republish, download, scrape, harvest, post, or transmit any part of the Platform except as expressly permitted by these Terms;
  5. Attempt to jailbreak, defeat, bypass, or manipulate safety filters, system prompts, guardrails, or rate limits governing our AI systems, or submit prompt injections designed to induce the AI models to output harmful, defamatory, or unlawful content;
  6. Circumvent, disable, or tamper with security features, authentication mechanisms, or usage verification measures implemented across the Platform; or
  7. Interfere with, disrupt, or place an unreasonable load on the servers, networks, or cloud infrastructure connected to the Platform.

All copyright and proprietary notices on the Platform must be preserved intact on any authorized copies or materials.

2.3 Platform Updates & Modifications

We reserve the right to modify, update, suspend, or discontinue any feature, tier, or part of the Platform at any time, with or without notice. We may from time to time develop and deploy updates, upgrades, bug fixes, patches, or new versions of the App or web interfaces ("Updates"). You agree to promptly install all available Updates to ensure optimal functionality and security. Company shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Platform.

2.4 No Ongoing Support Obligation

Company has no obligation to provide ongoing customer support, technical assistance, or maintenance for the Platform, although we may do so voluntarily at our sole discretion.

2.5 Ownership & Intellectual Property

All intellectual property rights in and to the Platform, Site, App, software code, user interface designs, visual aesthetics, logos, trademarks, trade secrets, nutritional heuristics, and underlying AI prompt engineering belong exclusively to Company or its licensors and suppliers. These Terms do not transfer any ownership rights to you, except for the limited personal access license granted in Section 2.1. All rights not expressly granted are reserved by Company.

2.6 User Feedback

If you submit suggestions, ideas, bug reports, or feature requests regarding the Platform to Company, you grant Company a perpetual, irrevocable, worldwide, non-exclusive, fully-paid, royalty-free, transferable license to use, adapt, publish, incorporate, and commercially exploit that feedback freely in any manner and for any purpose, without attribution, notification, or compensation to you.

3. Platform Integrations, Mobile Stores & System Features

3.1 App Store Terms (Google Play Store)

With respect to your download and use of the App via the Google Play Store:

  1. You acknowledge that these Terms are concluded solely between you and Company, and not with Google LLC ("Google");
  2. Company, and not Google, is solely responsible for the App and its content;
  3. Your use of the App must comply with Google Play's applicable terms, conditions, and developer policies; and
  4. Google and its subsidiaries are third-party beneficiaries of these Terms as they relate to your license of the App, and upon your acceptance of these Terms, Google will have the right to enforce these Terms against you as a third-party beneficiary.

3.2 Google Health Connect Integration

With your explicit consent, the Platform integrates with Google Health Connect to read and write activity and wellness metrics (including Steps, Body Weight, Calories, Sleep, and Workouts):

  • Limited Use Policy Compliance: Our use of information received from Google Health Connect adheres strictly to the Google Play Health Connect Developer Policy, including the Limited Use requirements.
  • On-Device Processing: Health Connect data is processed 100% locally on your device for personal wellness visualization;
  • No Resale or Advertising: Health Connect data is never transferred, sold, or brokered to advertising platforms, data brokers, or resellers, and is never used for marketing or consumer profiling.
  • Permission Controls: You may grant or revoke Health Connect permissions at any time through your Android device settings or within the App settings.

3.3 Voice Assistants & Shortcuts (App Actions / Google Assistant / Gemini)

  • Voice-Enabled Interactions: The Platform may offer integration with system voice assistants, platform shortcuts, and assistive services (such as Google Assistant, Gemini on Android, and App Actions).
  • Speech Recognition Limitations: Voice-based interactions rely on speech recognition provided by third-party operating systems and devices. We do not guarantee error-free transcription or execution of spoken commands. You are responsible for verifying logged meals or timers triggered via voice inputs.
  • Non-Medical Nature of Voice Responses: Auditory outputs, spoken summaries, and smart display cards are strictly subject to Section 4 (Medical Disclaimer) and do not constitute clinical guidance.

4. Medical Disclaimer (Critical Health Notice)

[!IMPORTANT] ANNURA AI IS NOT A HEALTHCARE PROFESSIONAL, MEDICAL PROVIDER, OR MEDICAL DEVICE, AND DOES NOT PROVIDE MEDICAL ADVICE.

4.1 Informational & Wellness Tracking Purposes Only

The Platform — including all food photograph analyses, caloric estimates, macronutrient and micronutrient breakdowns, intermittent fasting timers, personalized meal suggestions, recipe ideas, and AI assistant responses — is provided strictly for informational, educational, and general wellness tracking purposes. The Platform does not constitute medical advice, medical diagnosis, clinical treatment, medical dietary therapy, or clinical management of any medical condition, food allergy, metabolic disorder, or eating disorder.

4.2 Consultation with Healthcare Professionals

You should always consult with a qualified physician, registered dietitian, or licensed healthcare professional before starting any new dietary routine, undertaking intermittent fasting, making significant changes to your caloric or nutrient intake, or interpreting fitness and health metrics. Never disregard professional medical advice or delay seeking it because of information, estimates, or recommendations received through the Platform.

4.3 Allergen and Food Safety Warning

Artificial intelligence computer vision and natural language processing models are inherently probabilistic and may produce inaccurate, incomplete, or erroneous nutritional estimates, ingredient breakdowns, or allergen assessments. You are solely responsible for independently verifying all ingredients, allergens, preparation standards, and food safety factors before consuming any food item logged in or suggested by the Platform.

4.4 Medical Emergencies

If you experience a medical emergency, acute physical distress, or a severe allergic reaction, immediately call your local emergency medical services (such as 911 in the United States) or contact a healthcare provider directly.

5. Artificial Intelligence (AI) Features & Guardrails

5.1 Generative AI Capabilities

The Platform integrates advanced generative artificial intelligence models (including Google Gemini models) to analyze food photos, estimate nutritional values, and deliver conversational wellness insights. All AI outputs are automated, machine-generated approximations.

5.2 Accuracy & Inherent Limitations

Generative AI models may occasionally generate inaccurate, incomplete, or fabricated data ("hallucinations"). Machine-generated estimates regarding ingredient composition, portion size, calories, or allergens are provided strictly on an "as is" basis for informational reference and must never replace personal verification or clinical judgment.

5.3 Prohibited Misuse & Safety Guardrails

You are strictly prohibited from attempting to:

  1. Jailbreak, bypass, defeat, or manipulate safety filters, system prompts, or guardrails governing our AI systems;
  2. Submit prompt injections designed to induce the AI models to output harmful, defamatory, sexually explicit, abusive, or illegal content;
  3. Use AI outputs from the Platform for automated clinical decision-making or critical health diagnoses; or
  4. Extract, reverse-engineer, or distill model weights, system prompts, or proprietary dataset structures.

5.4 In-Platform Safety Flagging & Reporting

In accordance with developer safety guidelines, Annura AI provides built-in reporting and safety flagging mechanisms across all AI touchpoints. Users may flag objectionable, inappropriate, inaccurate, or unsafe AI content directly within the Platform for compliance review and prompt remediation.

6. Pricing, Beta Access, and Digital Purchases

6.1 Current Free / Beta Access

Annura AI is currently offered free of charge during its closed beta and initial testing phase. We do not currently charge recurring subscription fees or mandatory payments to access core nutritional logging and tracking features.

6.2 Future Premium Features & Billing

We reserve the right to introduce optional premium features, subscription tiers, or paid enhancements in future updates. If paid features or subscriptions are introduced:

  1. Clear pricing, renewal frequencies, and billing terms will be disclosed prior to purchase;
  2. All digital purchases on mobile platforms will be processed through authorized store billing systems (such as Google Play In-App Billing); and
  3. Your explicit confirmation and authorization will be required before any fee is assessed.

7. Privacy & Data Protection

7.1 Incorporation of Privacy Policy

Your use of the Platform is also governed by our Privacy Policy, available at https://annura.ay7.me/legal/privacy-policy, which is incorporated into these Terms by reference. The Privacy Policy describes how we collect, use, process, and protect your personal information and health data.

7.2 Processing of Personal Data

By using the Platform, you acknowledge that you have read and understand our Privacy Policy and that Company will process your personal information in accordance with that policy. In the event of an irreconcilable conflict between these Terms and the Privacy Policy with respect to the collection, use, or processing of personal data, the Privacy Policy will control.

7.3 Telemetry & Privacy Standards

  • Mobile Application: The Annura AI mobile application contains zero third-party advertising cookies, marketing tracking pixels, or commercial telemetry SDKs.
  • Informational Website: When accessing our informational website (https://annura.ay7.me), we utilize privacy-first, cookieless web analytics to monitor aggregated site telemetry without tracking individuals across sites.

7.4 Data Ownership & Deletion Rights

You retain ownership of the data you input into the Platform. In accordance with applicable data protection laws (including GDPR and CCPA/CPRA), you have the right to delete your user account and all associated personal data at any time directly in the App (Settings > Danger Zone > Delete Account) or via our web portal at https://annura.ay7.me/delete-account.

8. Indemnification

You agree to defend, indemnify, and hold harmless Company and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:

  1. Your access to, use of, or misuse of the Platform or Services;
  2. Your violation of these Terms;
  3. Your violation of any applicable law, rule, or regulation; or
  4. Any content, meal photos, prompts, or data you submit or transmit through the Platform.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate fully with our defense of such claims. You agree not to settle any claim without our prior written consent. We will make reasonable efforts to notify you promptly of any such claim upon becoming aware of it.

9. Third-Party Services & Integrations

9.1 Third-Party Services

The Platform may contain links to, integrate with, or display content from third-party services, applications, or infrastructure (collectively, "Third-Party Services"), such as Google Play Services, Google Health Connect, Google Gemini APIs, and Firebase backend services. We do not control, endorse, monitor, or assume responsibility for any Third-Party Services. You access and use all Third-Party Services entirely at your own risk, and the applicable third party's own terms and privacy policies govern such use.

9.2 Other Users

Your interactions with other users of the Platform (if applicable) are solely between you and those users. We are not responsible for any loss, harm, or damage resulting from those interactions, and we reserve the right, but have no obligation, to monitor or intervene in disputes between users.

9.3 Release & California Civil Code § 1542 Waiver

To the fullest extent permitted by applicable law, you hereby release Company and its officers, directors, employees, agents, successors, and assigns from any and all claims, demands, liabilities, and damages of every kind and nature, known and unknown, arising out of or in any way connected with the Platform, other users, or Third-Party Services.

If you are a California resident, you hereby explicitly waive California Civil Code Section 1542, which provides:

"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."

10. Disclaimers of Warranties

THE PLATFORM AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS SUPPLIERS, LICENSORS, AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT:

  1. THE PLATFORM WILL MEET YOUR REQUIREMENTS OR HEALTH GOALS;
  2. THE PLATFORM WILL BE COMPATIBLE WITH ALL MOBILE DEVICES, BROWSERS, OR OPERATING SYSTEM VERSIONS;
  3. THE PLATFORM WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS;
  4. THE NUTRITIONAL VALUES, CALORIC ESTIMATES, MEAL RECOGNITIONS, INGREDIENT LISTS, OR AI OUTPUTS WILL BE ACCURATE, RELIABLE, COMPLETE, OR SAFE; OR
  5. THE PLATFORM OR CONNECTED SERVERS WILL BE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS.

WHERE APPLICABLE LAW REQUIRES ANY WARRANTIES CONCERNING THE PLATFORM, ALL SUCH WARRANTIES ARE STRICTLY LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF YOUR FIRST ACCESS OR USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU IN ITS ENTIRETY.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  1. NO CONSEQUENTIAL OR INDIRECT DAMAGES: IN NO EVENT SHALL COMPANY, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF GOODWILL, OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE PLATFORM OR SERVICES (INCLUDING BUT NOT LIMITED TO RELIANCE ON AI-GENERATED NUTRITION ESTIMATES OR SYNCED HEALTH DATA), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  2. AGGREGATE LIABILITY CAP: OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM, OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), IS CAPPED AT AND SHALL NOT EXCEED THE GREATER OF:
    • FIFTY U.S. DOLLARS ($50.00 USD); OR
    • THE TOTAL AMOUNT PAID BY YOU TO COMPANY UNDER THESE TERMS IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO PORTIONS OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. Term and Termination

These Terms remain in full force and effect while you access or use the Platform. We may suspend or terminate your rights to access or use the Platform (including suspending or terminating your account and deleting associated data) at any time and for any reason at our sole discretion, including if we believe in good faith that you have violated these Terms or applicable store policies.

We are not liable to you or any third party for any suspension or termination of your access to the Platform. Upon termination of your rights under these Terms, your account and right to access the Platform will terminate immediately. Sections 2.2, 2.5, 2.6, 4, 5, 7, 8, 9, 10, 11, 13, 14, and 15 shall survive any expiration or termination of these Terms.

13. State-Specific Legal Notices

The provisions of this Section 13 apply solely to users who are residents of the specified jurisdictions to the extent required by applicable law.

13.1 California

Under California Civil Code Section 1789.3, California users of the Platform are entitled to the following consumer rights notice:

  • Service Provider: Annura AI
  • Address: 123 Health Way, San Francisco, CA 94105, United States
  • Email: play.ay11@gmail.com
  • Consumer Complaint Unit: You may report complaints or request assistance by contacting 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, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

California residents also have specific privacy rights under the California Consumer Privacy Act of 2018 (CCPA) and California Privacy Rights Act of 2020 (CPRA). Details on exercising these rights are set forth in our Privacy Policy at https://annura.ay7.me/legal/privacy-policy.

13.2 Colorado

If you are a Colorado resident, you may have rights under the Colorado Privacy Act (CPA), including the right to opt out of targeted advertising, the sale of personal data, and certain automated profiling. For details, please consult our Privacy Policy.

13.3 Connecticut

If you are a Connecticut resident, you may have rights under the Connecticut Data Privacy Act (CTDPA), including rights of access, correction, deletion, data portability, and opting out of personal data sales or targeted advertising. For details, please consult our Privacy Policy.

13.4 Virginia

If you are a Virginia resident, you may have rights under the Virginia Consumer Data Protection Act (VCDPA), including the rights to access, correct, delete, and obtain a copy of personal data, as well as opting out of targeted advertising and profiling. For details, please consult our Privacy Policy.

13.5 Nevada

Under Nevada Revised Statutes Chapter 603A, Nevada residents have the right to direct us not to sell certain covered information we have collected or will collect. We do not sell covered personal information of Nevada consumers. To verify this or submit inquiries, please email play.ay11@gmail.com.

13.6 Other States

Additional state consumer privacy laws (including in Texas, Oregon, Montana, Utah, Iowa, Indiana, Tennessee, and other states) grant residents specific rights regarding personal data. We honor these rights in accordance with our Privacy Policy.

14. General Provisions

14.1 Changes to Terms

We may revise and update these Terms from time to time. When we make material changes, we will notify you by updating the "Last Revised" date at the top of these Terms and, where appropriate, through prominent notices within the Platform, on the Site, or via email to your registered address. Your continued use of the Platform after such notice constitutes your binding acceptance of the updated Terms.

14.2 Governing Law & Jurisdiction

These Terms and any dispute arising out of or related to these Terms or the Platform shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict-of-law principles. For any legal action or proceeding not subject to the binding arbitration provisions of Section 15, you and Company irrevocably agree and consent to submit to the exclusive personal jurisdiction and venue of the state and federal courts located in San Francisco County, California. Notwithstanding the foregoing:

  1. Either party may bring an action in any court of competent jurisdiction seeking temporary, preliminary, or permanent injunctive relief or other equitable relief to protect its intellectual property rights (including patents, copyrights, trademarks, and trade secrets); and
  2. Either party may assert qualifying individual claims in small claims court within that court's jurisdictional limits.

14.3 Export Controls

You agree to comply with all applicable U.S. and foreign export control laws and trade sanctions. You represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to a U.S. government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. government list of prohibited or restricted parties.

14.4 Electronic Communications

By using the Platform, you consent to receive communications from Company electronically (via in-app push notifications, alerts, or emails). You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing.

14.5 Accessibility Commitment

Annura AI is committed to making its digital experiences accessible to all individuals, including people with disabilities. We endeavor to conform to the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA, published by the World Wide Web Consortium (W3C). If you encounter accessibility barriers or have suggestions for improvement, please contact us at play.ay11@gmail.com. We will make reasonable efforts to address your concerns promptly.

14.6 Entire Agreement & Severability

These Terms (together with our Privacy Policy and any other agreements expressly incorporated herein) constitute the entire, final, and exclusive agreement between you and Company regarding the Platform, superseding all prior oral or written discussions or agreements. If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions will continue in full force and effect. Company's failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision. You may not assign or transfer these Terms without our prior written consent; Company may assign these Terms freely without restriction.

14.7 Copyright and Trademark Notices

Copyright © 2026 Annura AI. All rights reserved. All trademarks, service marks, logos, and trade names displayed on the Platform are the property of Annura AI or respective third-party owners. You are not permitted to use these marks without prior written consent.

14.8 Contact Information

If you have questions, feedback, or concerns regarding these Terms, please contact us at:

15. Dispute Resolution & Binding Individual Arbitration (JAMS)

[!IMPORTANT] PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO A JURY TRIAL.

15.1 Applicability of Arbitration

Except as provided in Section 14.2 and below, you and Company agree that all disputes, claims, or controversies arising out of or relating to these Terms, the Platform, the Services, or your relationship with Company (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) will be resolved exclusively through final and binding individual arbitration, rather than in court. The Federal Arbitration Act (FAA) governs the interpretation and enforcement of this arbitration agreement.

Exceptions:

  1. Either you or Company may bring qualifying individual claims in small claims court; and
  2. Either party may seek emergency injunctive or equitable relief in court to prevent infringement or misappropriation of intellectual property rights (including copyrights, trademarks, patents, or trade secrets).

15.2 Mandatory Informal Dispute Resolution

Before initiating arbitration, the claimant party must first send a written notice ("Informal Notice") to the other party describing the dispute in detail, the factual basis of the claim, and the specific relief requested.

  • Company's Notice Address: play.ay11@gmail.com or Annura AI Legal, 123 Health Way, San Francisco, CA 94105, United States.
  • Within forty-five (45) days of receiving an Informal Notice, the parties will participate in an informal meet-and-confer via phone or video conference in good faith to resolve the dispute.
  • If the dispute is not resolved within sixty (60) days after receipt of the Informal Notice, either party may commence formal arbitration proceedings. Completing this informal dispute resolution process is an express condition precedent to filing an arbitration demand.

15.3 Arbitration Rules & Administration

Arbitration will be administered by JAMS (https://www.jamsadr.com) in accordance with:

  • The JAMS Streamlined Arbitration Rules & Procedures for claims not exceeding $250,000 (excluding attorneys' fees and interest); or
  • The JAMS Comprehensive Arbitration Rules & Procedures for claims exceeding $250,000.

Unless the parties agree otherwise, arbitration hearings will take place in the county of your residence, or may be conducted virtually by videoconference. All arbitration proceedings, filings, evidence, and awards shall remain strictly confidential, except as required by law.

15.4 Arbitration Demand Requirements

An arbitration demand must include:

  1. The claimant's name, telephone number, mailing address, and account email address;
  2. A detailed description of the factual and legal grounds of the dispute;
  3. The specific remedy and monetary relief sought, including a good-faith calculation of damages;
  4. Written certification that the claimant completed the mandatory informal dispute resolution process described in Section 15.2; and
  5. Proof of payment of any applicable filing fees.

15.5 Authority of the Arbitrator

The arbitrator will have exclusive authority to resolve all arbitrability disputes, including the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that:

  1. Any challenge to the validity or enforceability of the Class Action Waiver in Section 15.7 shall be decided exclusively by a court of competent jurisdiction;
  2. Disputes regarding compliance with the mandatory informal dispute resolution condition precedent shall be decided by a court; and
  3. Disputes concerning arbitration administrative and filing fees shall be decided by JAMS or a court.

The arbitrator may award any individual remedy or relief that would be available in a court of law, but may not award relief for or against any person who is not a party to the arbitration. The arbitrator's decision is final and binding, and judgment on the award may be entered in any court having jurisdiction.

15.6 Waiver of Jury Trial

YOU AND COMPANY HEREBY IRREVOCABLY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL BEFORE A JUDGE OR A JURY FOR ALL DISPUTES COVERED BY THIS ARBITRATION AGREEMENT.

15.7 Waiver of Class Actions & Representative Proceedings

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE BASIS. NEITHER YOU NOR COMPANY MAY SERVE AS A CLASS REPRESENTATIVE OR CLASS MEMBER, OR JOIN AS A PRIVATE ATTORNEY GENERAL, IN ANY PROCEEDING.

If a court decides that this Class Action Waiver is unenforceable or invalid with respect to a particular claim or request for relief, that specific claim or request for relief (and only that one) must be severed and litigated in state or federal court in San Francisco County, California, while all other claims remain subject to individual arbitration.

15.8 Attorneys' Fees

Each party will bear its own attorneys' fees and expenses in arbitration, unless the arbitrator determines that a claim, defense, or counterclaim was frivolous, asserted in bad faith, or brought for an improper purpose (applying the standards of Federal Rule of Civil Procedure 11(b)), in which case the arbitrator may reallocate fees and expenses in accordance with applicable law and JAMS rules.

15.9 Batch Arbitration

To ensure efficient dispute resolution, if one hundred (100) or more substantially similar arbitration demands are filed against Company within a thirty (30) day period by or with the assistance of the same law firm, organization, or coordinated group:

  1. JAMS will administer the demands in batches of up to one hundred (100) demands per batch;
  2. JAMS will appoint a single arbitrator and establish a single set of filing and administrative fees per batch; and
  3. No other demands in subsequent batches may proceed to arbitration until the prior batch has concluded or the parties agree otherwise.

15.10 Thirty-Day Right to Opt Out

You have the right to opt out of the provisions of this Section 15 (Arbitration and Class Action Waiver) within thirty (30) days of the date you first accept these Terms (or within thirty (30) days of any material update to this Section 15). To opt out, you must send a written notice stating your clear intent to opt out, including your legal name, physical address, and account email address, to:

  • By Email: play.ay11@gmail.com with the subject line "Arbitration Opt-Out"
  • By Mail: Annura AI, Attn: Legal Arbitration Opt-Out, 123 Health Way, San Francisco, CA 94105, United States

Opting out of this arbitration agreement does not affect any other section or provision of these Terms.

15.11 Severability

If any portion of this Section 15 is found to be illegal, invalid, or unenforceable under applicable law, that specific portion will be severed from this Section 15, and the remainder of the arbitration provisions will continue in full force and effect.