ODAI TERMS OF SERVICE

Last Updated: July 22, 2025

Welcome, and thank you for your interest in ODAI, Inc. ("ODAI," "we," or "us") and our website at www.ODAI.com, along with our related websites and mobile applications (including as may be offered through the Google Play and Apple App Stores), and other services provided by us (collectively, the "Service"). These Terms of Service are a legally binding contract between you and ODAI 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 ODAI'S PRIVACY POLICY (TOGETHER, THESE "TERMS"). If you are not eligible, or do not agree to These Terms, then you do not have our permission to use the Service. YOUR USE OF THE SERVICE, AND ODAI'S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY ODAI AND BY YOU TO BE BOUND BY THESE TERMS.

Arbitration NOTICE. Except for certain kinds of disputes described in Section 16 (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 ODAI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

1. ODAI Service Overview

ODAI provides an agentic artificial intelligence service to facilitate a wide array of digital tasks, from a centralized user interface. The Service allows end users to authorize ODAI's artificial intelligence agent to connect with third-party applications, as directed by the end user, in order to execute tasks and interact with third party services, tools, and platforms.

2. Eligibility

You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us 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 your 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.

3. Accounts and Registration

To access the Service, you must 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, or other contact information. 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. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at Support@ODAI.com.

4. Licenses

4.1. Limited License

Subject to your complete and ongoing compliance with these Terms, ODAI grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: 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 access and use the Service.

4.2. License Restrictions

Except and solely to the extent such a restriction is impermissible under applicable law, you may not: reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; make modifications to the Service; or 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.

4.3 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 ("Feedback"), then you hereby grant ODAI 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.

5. Ownership; Proprietary Rights

The Service is owned and operated by ODAI. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by ODAI ("Materials") are protected by intellectual property and other laws. All Materials included in the Service are the property of ODAI or its third-party licensors. Except as expressly authorized by ODAI, you may not make use of the Materials. There are no implied licenses in these Terms and ODAI reserves all rights to the Materials not granted expressly in these Terms.

6. Further Acknowledgement

You acknowledge and agree that ODAI may use, analyze and process your Usage Data for internal purposes, and also in connection with, or for the purpose of developing, training, testing, and improving machine learning models, artificial intelligence tools and systems, and related technologies. "Usage Data" means all data that ODAI may collect, compile, develop or create regarding usage or performance of the Services, including any prompts, queries, commands, instructions, files, or other materials provided, transmitted or made available by you, directly or indirectly, through the Service.

7. Third-Party Terms

7.1. Third-Party Authentication

We may allow you to access the Services, in accordance with these Terms, through or in connection with third-party authentication providers (such as Google) acting in their capacity as providers of such functionality (each an "SSO Provider"). When you chose to access your ODAI account in connection with an SSO Provider, you direct and authorize us to access certain information from your SSO Provider profile, such as your name, email address, and profile image, solely for the purpose of identity verification and account creation or access. If you expressly grant additional permissions (such as, in the case of Google as the SSO Provider, access to Gmail, Google Calendar, Google Drive, or Google Docs), we will use that access only to deliver the features you have authorized and as described in our Privacy Policy. You will remain responsible for the management and security of your linked SSO Provider account, and may disconnect your SSO Provider account or revoke access at any time through the SSO Provider's processes.

7.2. Third-Party Services and Linked Websites

ODAI may provide tools through the Service that enable you to export information, including User 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. By using one of these tools, you hereby authorize ODAI to transfer that information to the applicable third-party service. Third-party services are not under ODAI's control, and, to the fullest extent permitted by law, ODAI 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 ODAI's control, and ODAI 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 User Content or information with such third-party services. Once sharing occurs, ODAI will have no control over the information that has been shared.

7.3. 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.

8. Communications

8.1. 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.

8.2. 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.

9. Prohibited Conduct

BY USING THE SERVICE, YOU AGREE NOT TO:

  1. use the Service for any illegal purpose or in violation of any local, state, national, or international law;
  2. attempt any unauthorized access, integration, or connection to any other person's account or information with a third-party product, platform, or service;
  3. harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Service, or any person via the Service;
  4. 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;
  5. 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 ODAI;
  6. interfere with security-related features of the Service, including by: disabling or circumventing features that prevent or limit use, printing, or copying of any content; or 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;
  7. interfere with the operation of the Service or any user's enjoyment of the Service, including by: uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; making any unsolicited offer or advertisement to another user of the Service; collecting personal information about another user or third party without consent; or interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
  8. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, or accessing any other Service account or third-party product, service, or platform account, without permission;
  9. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 5 (Ownership; Proprietary Rights)) or any right or ability to view, access, or use any Materials; or
  10. attempt to do any of the acts described in this Section 9 (Prohibited Conduct) or assist or permit any person in engaging in any of the acts described in this Section 9 (Prohibited Conduct).

10. Beta Services

10.1. Generally

From time to time, ODAI may provide you with the opportunity to try products or services which are not generally available to users ("Beta Services"). This period of time will be referred to as the "Beta Services Period". Beta Services will be designated as beta, pilot, non-production, evaluation, or by another description with a similar meaning. You may accept or decline an invitation at your sole discretion. You may use the Beta Services solely for evaluation purposes. By using the Beta Services, you agree to: (a) cooperate with ODAI in evaluating the Beta Services; and (b) provide to ODAI any reasonably requested feedback, comments, and suggestions for improvements.

10.2. Beta Services Usage Data

You acknowledge and agree that ODAI may collect data regarding usage and performance of the Service in connection with your use of the Beta Services ("Beta Services Usage Data"). Beta Services Usage Data is and will remain the exclusive property of ODAI. ODAI may use and disclose the Beta Services Usage Data for its business purposes, including to monitor, improve, develop, and market ODAI's products.

10.3. Beta Services Disclaimer

You acknowledge and agree that the Beta Services may be inoperable or incomplete and may contain errors, design flaws, or other problems. ODAI is under no obligation to make any Beta Services generally available, and ODAI may, without notice or cause, discontinue any Beta Service at any time. Furthermore, you acknowledge and agree that you use all Beta Services at your own risk and that your use of the Beta Services may result in loss of any data, information or communications, project delays, or other unpredictable damage or loss. Notwithstanding anything to the contrary in Section 15 (Limitation of Liability), and to the fullest extent permitted by law, ODAI will have no liability or responsibility to you or any third party with respect to any matter whatsoever regarding the Beta Services, including the loss of any of your data or communications resulting from your use of the Beta Services. ALL BETA SERVICES ARE PROVIDED "AS-IS" WITHOUT ANY WARRANTY OF ANY KIND. THE DISCLAIMERS IN SECTION 14 (DISCLAIMERS; NO WARRANTIES) APPLY TO ALL BETA SERVICES.

11. 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 discontinue your use of the Service. Except as expressly permitted in this Section 11 (Modification of Terms), these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.

12. Term, Termination, and Modification of the Service

12.1. 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 12.2 (Termination).

12.2. Termination

If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, ODAI 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.

12.3. Effect of Termination

Upon termination of these Terms: your license rights will terminate and you must immediately cease all use of the Service; you will no longer be authorized to access your account or the Service; you must pay ODAI any unpaid amount that was due prior to termination; and (d) Sections 4.3 (Feedback), 5 (Ownership; Proprietary Rights), 6 (Further Acknowledgement), 12.3 (Effect of Termination), 13 (Indemnity), 14 (Disclaimers; No Warranties by ODAI), 15 (Limitation of Liability), 16 (Dispute Resolution and Arbitration), and 17 (Miscellaneous) will survive. 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.

12.4. Modification of the Service

ODAI 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. ODAI 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.

13. Indemnity

To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify ODAI, its affiliates, and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the "ODAI 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: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) 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.

14. Disclaimers; No Warranties by ODAI

14.1. THE SERVICE AND ALL MATERIALS, CONNECTIONS, INTEGRATIONS, DATA, INFORMATION, OUTPUT, AND RESULTS AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. ODAI DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS, DATA, INFORMATION, OUTPUT, AND RESULTS AVAILABLE THROUGH THE SERVICE, INCLUDING: ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. ODAI DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS, DATA, INFORMATION, OUTPUT, OR RESULTS OFFERED THROUGH THE SERVICE, WILL PERFORM IN ANY PARTICULAR MANNER, YIELD ANY PARTICULAR RESULT OR OUTCOME, ACCOMPLISH ANY PARTICULAR GOAL OR TASK, ENGAGE IN ANY PARTICULAR ACTIVITY OR PROCESS, OR BE UNINTERRUPTED, SECURE, ACCURATE OR FREE OF MISTAKES OR ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND ODAI DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

14.2. NO THIRD-PARTY PRODUCTS OR SERVICES, AND NO DATA, INFORMATION, OUTPUT OR RESULTS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR IN CONNECTION WITH THE SERVICE OR ODAI ENTITIES OR ANY MATERIALS, DATA, INFORMATION, OUTPUT, OR RESULTS AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE ODAI ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM OR IN CONNECTION WITH THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER OR ANY THIRD-PARTY PRODUCT, SERVICE, BUSINESS OR PLATFORM. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE, AND THAT ANY OF YOUR USE OF THE SERVICE IN CONNECTION WITH A THIRD-PARTY PRODUCT, SERVICE, OR PLATFORM, IS AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PERSON OR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA OR ANY OTHER DAMAGE.

14.3. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 14 (Disclaimers; No Warranties by ODAI) APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. ODAI does not disclaim any warranty or other right that ODAI is prohibited from disclaiming under applicable law.

15. Limitation of Liability

15.1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE ODAI 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, INFORMATION, DATA, OUTPUT, OR RESULTS RELATED TO THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY ODAI ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

15.2. EXCEPT AS PROVIDED IN SECTIONS 16.5 (Commencing Arbitration) AND 16.7 (ARBITRATION RELIEF) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE ODAI 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 IN CONNECTION WITH THE SERIVICES OR UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO US$100.

15.3. 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 15 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

16. Dispute Resolution and Arbitration

16.1. Generally

Except as described in Section 16.2 (Exceptions) and 16.3 (Opt-Out), you and ODAI 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 ODAI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

16.2. 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: bring an individual action in small claims court; pursue an enforcement action through the applicable federal, state, or local agency if that action is available; seek injunctive relief in a court of law in aid of arbitration; or to file suit in a court of law to address an intellectual property infringement claim.

16.3. Opt-Out

If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 16 (Dispute Resolution and Arbitration) within 30 days after the date that you agree to these Terms by sending a letter to ODAI, Inc., Attention: Legal Department -- Arbitration Opt-Out, 245 Main St, 2nd Floor, Cambridge MA 02142 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 ODAI receives your Opt-Out Notice, this Section 16 (Dispute Resolution and Arbitration) will be void and any action arising out of these Terms will be resolved as set forth in Section 17.2 (Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

16.4. Arbitrator

This arbitration agreement, and any arbitration between us, is subject to the Federal Arbitration Act and will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (collectively, "AAA Rules") as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting ODAI.

16.5. 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"). ODAI's address for Notice is: ODAI, Inc., 245 Main St, 2nd Floor, Cambridge MA 02142. The Notice of Arbitration must: identify the name or account number of the party making the claim; describe the nature and basis of the claim or dispute; and 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 ODAI may commence an arbitration proceeding. The payment of all fees will be governed by the AAA Rules.

16.6. Arbitration Proceedings

Any arbitration hearing will take place in Cambridge, Massachusetts unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: solely on the basis of documents submitted to the arbitrator; through a telephonic or video hearing; or by an in-person hearing as established by the AAA Rules in the county (or parish) of your residence. During the arbitration, the amount of any settlement offer made by you or ODAI 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.

16.7. Arbitration Relief

Except as provided in Section 16.8 (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 ODAI before an arbitrator was selected, ODAI will pay to you the higher of: the amount awarded by the arbitrator and US$1,000. The arbitrator's award shall 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 shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.

16.8. No Class Actions

YOU AND ODAI 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.

16.9. Modifications to this Arbitration Provision

If ODAI 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 ODAI's address for Notice of Arbitration, in which case your account with ODAI will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

16.10. Enforceability

If Section 16.8 (No Class Actions) or the entirety of this Section 16 (Dispute Resolution and Arbitration) is found to be unenforceable, or if ODAI receives an Opt-Out Notice from you, then the entirety of this Section 16 (Dispute Resolution and Arbitration) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 17.2 (Governing Law) will govern any action arising out of or related to these Terms.

17. Miscellaneous

17.1. 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 ODAI 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 User 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.

17.2. Governing Law

These Terms are governed by the laws of the State of Massachusetts without regard to conflict of law principles. You and ODAI submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Suffolk County, Massachusetts for resolution of any lawsuit or court proceeding permitted under these Terms.

17.3. Privacy Policy

Please read the ODAI Privacy Policy (the "Privacy Policy") carefully for information relating to our collection, use, storage, and disclosure of your personal information. The ODAI Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

17.4. 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 (the "Additional Terms"). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

17.5. 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.

17.6. Contact Information

The Service is offered by ODAI, Inc., located at 245 Main St, 2nd Floor, Cambridge MA 02142. You may contact us by sending correspondence to that address or by emailing us at support@odai.com.

17.7. 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.

17.8. 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.

17.9. 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 who are located or reside outside of the United States, is prohibited.

18. Notice Regarding Apple

This Section 18 (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 ODAI 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.