Website Terms of Service
Welcome and thank you for your interest in Tavus Inc. (“Tavus”, “us”, “our”, and “we”) and in our website located at https://www.tavus.io (the “Site”) and any other associated websites, subdomains and networks on which a link to these Terms of Use (these “Terms”) are displayed. The Site is a copyrighted work belonging to Tavus. These Terms set forth the legally binding terms and conditions between you and Tavus governing your access to and use of the Site. Tavus handles data collection for visitors of the Site in accordance with our Privacy Policy located at https://www.tavus.io/privacy-policy. Notwithstanding the foregoing, Tavus’ provision of the software-as-a-service offerings available through the Site for the generation of personalized videos and other content, together with the associated documentation, (the “SaaS Services”) are governed by our Terms of Service or Enterprise Master Services Agreement (as applicable), which will be a separate agreement between you and Tavus if you subscribe for the SaaS Services (or between your organization and Tavus if you subscribe to the SaaS Services on behalf of an organization) and which will supersede these Terms to the limited extent there is an inconsistency or conflict.
BY CLICKING “I ACCEPT”, OR OTHERWISE ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). IF THE INDIVIDUAL ENTERING INTO THESE TERMS OR OTHERWISE ACCESSING OR USING THE SITE IS DOING SO ON BEHALF OF, OR WITHIN HIS OR HER CAPACITY AS A REPRESENTATIVE, AGENT, OR EMPLOYEE OF, AN ENTITY, SUCH INDIVIDUAL AND SUCH ENTITY: (1) AGREE THAT THE TERMS “YOU” AND “YOUR” AS USED HEREIN APPLY TO SUCH ENTITY AND SUCH INDIVIDUAL; AND (2) REPRESENT AND WARRANT THAT THE INDIVIDUAL ENTERING INTO THESE TERMS HAS THE POWER, RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS ON BEHALF OF SUCH ENTITY. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, YOU MAY NOT ACCESS AND/OR USE THE SITE.
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 9.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
PLEASE NOTE THAT THESE TERMS ARE SUBJECT TO CHANGE BY TAVUS IN ITS SOLE DISCRETION AT ANY TIME. See Section 9.1 of these Terms for further information about changes to these Terms. PLEASE REGULARLY CHECK OUR WEBSITE TO VIEW THE THEN-CURRENT TERMS.
1. ACCESS TO THE SITE
1.1 Access and Use. Subject to these Terms, Tavus grants you a non-transferable, non exclusive, revocable, non-assignable, limited right and license to use and access the Site solely for your own internal business use, and subject to any use limitations put in place or provided by Tavus.
1.2 Certain Restrictions and User Conduct. The Site is made available to you solely for your own internal business use. The rights granted to you in these Terms are subject to the following restrictions: you shall not, directly or indirectly, and shall not authorize any third party to
(a) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site;
(b) frame or utilize framing techniques to enclose any trademark, logo, or other parts of the Site (including images, text, page layout or form);
(c) use any metatags or other “hidden text” using Tavus’ name or trademarks;
(d) translate, adapt, modify, merge, make derivative works of, decompile, disassemble, reverse compile or reverse engineer, or otherwise attempt to derive any source code, structure, ideas, algorithms or associated know-how of, any part of the Site, or reconstruct, or discover, any hidden or non-public elements of the Site;
(e) write or develop any program based upon the Site or any portion thereof, or access the Site in any manner for the purpose of developing, distributing or making accessible a website, product, or service that competes with the Site;
(f) export, sell or distribute any content or portion of the Site, allow access to the Site (or any content or other portion thereof) by any third persons or entities, make the Site available on a service bureau basis, or otherwise access or use the Site for the benefit of a third party;
(g) attempt to engage in or engage in, any potentially harmful acts that are directed against the Site, including but not limited to violating or using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in the Site or interfering with the use of Site by any other user, host or network;
(h) transmit unlawful, infringing, or harmful User Content or other data or code that you are not authorized to transmit, either to or from the Site;
(i) interfere or attempt to interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Site, or violate the regulations, policies or procedures of such networks;
(j) attempt to violate any security features of the Site or gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means;
(k) alter or remove any trademarks or proprietary notices contained in or on the Site;
(l) engage in framing, mirroring, or otherwise simulating the appearance or function of the Site;
(m) perform or publish any performance or benchmark tests or analyses relating to the Site;
(n) make any User Content available on or through the Site that infringes, violates or misappropriates any patent, trademark, trade secret, copyright, right of publicity, privacy right or other right of any person or entity or is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, indecent, obscene, offensive, or profane;
(o) make any User Content available on or through the Site that constitutes unauthorized or unsolicited advertising, junk or bulk e-mail, involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes without Tavus’ prior written consent, or impersonates any person or entity, including any employee or representative of Tavus;
(p) make available on or through the Site any computer code, programs, or programming devices that are designed to disrupt, modify, access, delete, damage, deactivate, disable, harm, or otherwise impede in any manner, the operation of the Site or any other associated software, firmware, hardware, computer system, or network (including, without limitation, “Trojan horses,” “viruses,” “worms,” “time bombs,” “time locks,” “devices,” “traps,” “access codes,” or “drop dead” or “trap door” devices) or any other harmful, malicious, or hidden procedures, routines or mechanisms that would cause
the Site to cease functioning or to damage or corrupt data, storage media, programs, equipment, or communications, or otherwise interfere with operation;
(q) remove or destroy any copyright notices or other proprietary markings contained on or in the Site; or
(r) otherwise use the Site except as expressly permitted hereunder.
Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms.
1.3 Modification. Tavus reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that Tavus will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
1.4 No Support or Maintenance. Unless you have subscribed for SaaS Services through a separate agreement that expressly includes Tavus’ support or maintenance services, you acknowledge and agree that Tavus will have no obligation to provide you with any support or maintenance in connection with the Site.
1.5 Ownership. Excluding any User Content that you may provide, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Tavus or Tavus’ suppliers or licensors. Neither these Terms (nor your access to or use of the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 1.1. Tavus and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms. Tavus and all related graphics, logos, service marks and trade names used on or in connection with the Site are the trademarks of Tavus and may not be used without permission in connection with your, or any third-party, products or services. Other trademarks, service marks and trade names that may appear on or in the Site are the property of their respective owners.
2. USER CONTENT AND FEEDBACK
2.1 User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Site (e.g., content in the user’s profile or postings), but does not include content generated by the Site or by Tavus’ software or SaaS Services. This means that you, and not Tavus, are solely responsible for all User Content that is accessible through the Site. You assume all risks associated with use of User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party, and you agree that Tavus will not be responsible for any liability incurred as the result of your use of User Content. Unless you have subscribed for SaaS Services through a separate agreement that expressly includes Tavus’ backup of your User Content, Tavus is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
2.2 License to User Content. Tavus does not claim ownership of User Content. However, when you as a user post, upload or publish User Content on or in the Site, then you hereby grant (and you represent and warrant that you have the right to grant) Tavus an irrevocable, non-exclusive, royalty-free and fully paid, worldwide, and fully sublicensable right (including any moral rights) and license to reproduce, distribute, modify, adapt, publicly display and perform, and otherwise use and exploit your User Content (in whole or in part) for the purposes of operating and providing the Site to you.
2.3 Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Tavus through its suggestion, feedback, wiki, forum, or similar pages (“Feedback”) is at your own risk and that Tavus has no obligations (including without limitation obligations of confidentiality) with
respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Tavus a fully paid, royalty-free, perpetual, irrevocable, worldwide, and non exclusive right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Site and/or Tavus’ business.
2.4 Representations and Warranties. You represent and warrant that you will comply with all applicable laws and have all necessary right, title, interest, authorizations, consents and permissions to: (i) access, provide, provide access to, and request Tavus access, disclose, or submit any User Content and Feedback, as applicable, that you provide, provide access to, disclose, or submit to Tavus or the Site, or that you authorize or request Tavus to access on your behalf, as applicable; and (ii) grant the rights, licenses and permissions granted hereunder with respect to User Content and Feedback.
3. INDEMNIFICATION
You agree to indemnify and hold Tavus (and its officers, employees, and agents) (each, a “Tavus Party”) harmless, from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) your use of the Site, (b) your User Content, (c) your violation of these Terms; or (d) your violation of applicable laws or regulations or rights of any person or entity. Tavus reserves the right, at its own cost, to assume the exclusive defense and control of any matter for which you are required to indemnify us, in which event you will fully cooperate with Tavus in asserting any available defenses. You agree not to settle any matter without the prior written consent of Tavus. This provision does not require you to indemnify any of the Tavus Parties for any unconscionable commercial practice by such Tavus Party or for such Tavus Party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Site.
4. OTHER USERS
4.1 Other Users. Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Site users are solely between you and such users. You agree that Tavus will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
4.2 Release. You hereby release and forever discharge Tavus (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users). If you are a California resident, you hereby waive California Civil Code 1542 in connection with the foregoing, 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.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Tavus Party or for such Tavus Party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Site.
5. DISCLAIMERS
THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND TAVUS (AND OUR SUPPLIERS AND LICENSORS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS AND LICENSORS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
6. LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TAVUS (OR OUR SUPPLIERS AND LICENSORS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF TAVUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE TAVUS PARTIES’ AGGREGATE LIABILITY TO YOU ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS AND LICENSORS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.
THE FOREGOING LIMITATIONS ON LIABILITY AND CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A TAVUS PARTY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY A TAVUS PARTY’S NEGLIGENCE; OR FOR (II) ANY INJURY CAUSED BY A TAVUS PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TAVUS AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
7. TERM AND TERMINATION
Subject to this Section, these Terms will remain in full force and effect while you use the Site, subject to Section 9.1 below. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your right to access and use the Site will terminate immediately. You understand that any termination of your account, if applicable, or access to use the Site may involve deletion of your User Content from our live databases. Tavus will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your account, if applicable, or deletion of your User Content. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 1.2-1.5 and 2-9.
8. COPYRIGHT POLICY
Tavus respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
1. Your physical or electronic signature;
2. identification of the copyrighted work(s) that you claim to have been infringed;
3. identification of the material on our Site that you claim is infringing and that you request us to remove;
4. sufficient information to permit us to locate such material;
5. your address, telephone number, and e-mail address;
6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
The designated Copyright Agent for Tavus is:
Quinn Favret
Address of Agent: 2101 CityWest Blvd, 1st Floor, Houston, TX 77042
Telephone: 248.709.4196
Email: quinn@tavus.io
9. GENERAL
9.1 Changes. These Terms are subject to occasional revision. If we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
9.2 Dispute Resolution. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
(a) Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and Tavus and our employees, agents, successors, or assigns, regarding or relating to the Site or these Terms shall exclusively be settled through binding and confidential arbitration.
(b) Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”) or JAMS. As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s or JAMS’s rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes.
(c) You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
(d) You and we must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (4) we also reserve the right in our sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by the applicable law.
(e) Notwithstanding the foregoing, either you or we may bring an individual action in small claims court. Further, claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Houston, Texas. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Houston, Texas in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Houston, Texas for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
(f) With the exception of subparts (1) and (2) in Section 9.2(d) above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Agreement, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subparts (1) and (2) in Section 9.2(d) (prohibiting arbitration on a class or collective basis) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in Houston, Texas.
(g) Notwithstanding any provision in these Terms to the contrary, if we seek to terminate the Dispute Resolution section as included in these Terms, any such termination shall not be effective until thirty (30) days after the version of these Terms not containing the agreement to arbitrate is posted to the Site, and shall not be effective as to any claim of which you provided Tavus with written notice prior to the date of termination.
(h) For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at https://www.adr.org. For more information on JAMS, it’s Rules and Procedures, and how to file an arbitration claim, you may call JAMS at 800-352-5267 or visit the JAMS website at https://www.jamsadr.com.
(i) Any and all controversies, disputes, demands, counts, claims, or causes of action between you and Tavus and our employees, agents, successors, or assigns, regarding or relating to these Terms or the Site shall exclusively be governed by the internal laws of the State of Texas, without regard to its choice of law rules and without regard to conflicts of laws principles except that the arbitration provision shall be governed by the Federal Arbitration Act. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
9.3 International Users. The Site is controlled and offered by Tavus from its facilities in the United States of America. Tavus makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other countries do so at their own volition and are responsible for compliance with local law.
9.4 Export. The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Tavus, or any products utilizing such data, in violation of the United States export laws or regulations.
9.5 Customer Complaints. Tavus is located at the address in Section 9.10. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
9.6 Electronic Communications. The communications between you and Tavus use electronic means, whether you use the Site or send us emails, or whether Tavus posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Tavus in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Tavus provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
9.7 Monitoring and Enforcement. You acknowledge that Tavus has no obligation to pre screen User Content, although Tavus reserves the right to: (a) monitor and review the Site and pre-screen, remove or refuse to post any of your User Content for any or no reason in our sole discretion; (b) take any action with respect to any of your User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for the Tavus; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site; and/or (e) terminate or suspend your access to all or part of the Site all for any or no reason, including without limitation, any violation of these Terms. By entering into these Terms, you hereby provide your irrevocable consent to such monitoring and enforcement.
9.8 Entire Terms. These Terms (including, for greater certainty, our Privacy Policy) constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Tavus is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Tavus’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Tavus may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
9.9 Copyright/Trademark Information. Copyright © 2024, Tavus Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
9.10 Contact Information:
Tavus Inc.
Address: 2101 CityWest Blvd, 1st Floor, Houston, TX 77042
Email: support@tavus.io
