Terms of Service

Last Modified: July 1, 2026

These Terms of Service ("Agreement") are a binding agreement between Setes.ai, LLC ("Provider," "we," "us," or "our") and the individual accessing or using the Services ("User," "you," or "your"). This Agreement governs your access to and use of the Services, including any websites, applications, software, artificial intelligence features, content, and related services made available by Provider. Provider's Privacy Policy, available at https://www.setes.ai/privacy, is incorporated into this Agreement by reference.

This Agreement takes effect when you click "I Agree," create an account, access the Services, or otherwise indicate your acceptance of this Agreement (the "Effective Date"). By clicking "I Agree" or otherwise accepting this Agreement, you acknowledge that you have read and understand this Agreement, including the Privacy Policy incorporated herein by reference, agree to be bound by its terms, represent that you have the legal capacity to enter into this Agreement, and agree that this Agreement is enforceable in the same manner as a written agreement signed by you. If you do not agree to this Agreement, the Privacy Policy, or any terms incorporated by reference, do not click "I Agree," create an account, access the Services, or use the Services.

IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION AND BINDING ARBITRATION: THIS AGREEMENT CONTAINS A DISPUTE RESOLUTION AND BINDING ARBITRATION PROVISION, A WAIVER OF YOUR RIGHT TO A JURY TRIAL, AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS OR OTHER REPRESENTATIVE PROCEEDINGS. PLEASE REVIEW THE DISPUTE RESOLUTION AND BINDING ARBITRATION SECTION CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS.

IMPORTANT SERVICE NOTICE: THE SERVICES ARE PROVIDED TO ASSIST USERS WITH THE CREATION, ORGANIZATION, ENHANCEMENT, AND MANAGEMENT OF CONTENT, INFORMATION, AND RELATED MATERIALS. PROVIDER DOES NOT GUARANTEE ANY PARTICULAR RESULT, OUTCOME, OPPORTUNITY, BENEFIT, OR SUCCESS ARISING FROM USE OF THE SERVICES.

Eligibility.

The Services are intended solely for individuals who are at least eighteen (18) years of age. By creating an account, accessing, or using the Services, User represents and warrants that User is at least eighteen (18) years old and has the legal capacity to enter into this Agreement. Individuals under the age of eighteen (18) are not permitted to access or use the Services. If Provider determines or reasonably suspects that a User is under eighteen (18) years of age, Provider may suspend or terminate the User's account and access to the Services without notice.

Definitions.

"Aggregated Statistics" means data and information related to a User's use of the Services that is used by Provider in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision, operation, maintenance, and improvement of the Services.

"Documentation" means Provider's user manuals, handbooks, guides, help materials, and other documentation relating to the Services made available by Provider electronically, through the Services, or at [INSERT CLICK AND URL/HYPERLINK].

"Provider IP" means the Services, the Documentation, and any and all intellectual property provided to or made available to Users in connection with the Services. For the avoidance of doubt, Provider IP includes Aggregated Statistics and any information, data, or other content derived from Provider's monitoring of access to or use of the Services, but does not include User Content.

"Services" means the websites, applications, software, platform, content, features, functionality, products, tools, and related services made available by Provider from time to time, including those described at https://www.setes.ai/pricing.

"Third-Party Products" means any products, services, software, applications, content, websites, or technology owned, provided, or controlled by a third party that are made available through, integrated with, or used in connection with the Services.

"User" means any individual who accesses, browses, registers for, purchases, subscribes to, or otherwise uses the Services.

"User Content" means information, data, text, images, audio, video, files, communications, prompts, submissions, feedback, and other content, in any form or medium, that is submitted, uploaded, posted, transmitted, generated, or otherwise made available by or on behalf of a User through the Services, excluding Aggregated Statistics.

Access and Use.

Provision of Access.

Subject to the terms and conditions of this Agreement, Provider grants User a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services during the term of this Agreement solely for User's personal use and only in accordance with this Agreement. Provider may establish, modify, or discontinue eligibility requirements, features, functionality, usage limitations, or access restrictions applicable to the Services at any time.

AI Services.

The Services may include artificial intelligence, machine learning, automated decision-making, generative artificial intelligence, and other automated features, tools, functionality, or services ("AI Services"). Certain AI Services may operate without human review, oversight, or intervention, and Provider does not guarantee that any AI-generated content, recommendation, response, analysis, or output will be reviewed, verified, approved, or monitored by a human. AI Services may be provided by Provider or made available through Third-Party Products. AI Services may generate responses, recommendations, summaries, analyses, content, or other outputs based on User Content and other information made available through the Services. User acknowledges and agrees that AI Services are provided as part of the Services and may be subject to additional feature-specific terms, disclosures, usage limitations, or requirements made available through the Services. Provider may add, modify, suspend, limit, or discontinue any AI Services or AI-related functionality at any time in its discretion.

Documentation License.

Subject to the terms and conditions of this Agreement, Provider grants User a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Documentation solely in connection with User's permitted use of the Services.

Use Restrictions.

User shall not, and shall not permit any third party to: (i) copy, modify, adapt, translate, distribute, sell, lease, license, sublicense, assign, transfer, or otherwise exploit the Services or Documentation except as expressly permitted by this Agreement; (ii) reverse engineer, decompile, disassemble, decode, attempt to derive source code from, or otherwise attempt to access or discover the underlying structure, ideas, algorithms, or technology of the Services; (iii) create derivative works based on the Services or Documentation; (iv) remove, alter, or obscure any copyright, trademark, proprietary, or other legal notices contained in the Services or Documentation; (v) access or use the Services to develop, train, improve, benchmark, or provide a competing product or service; (vi) circumvent, disable, interfere with, or otherwise compromise any security feature, access control, usage limitation, or technological measure implemented by Provider; (vii) use any robot, spider, scraper, crawler, data mining tool, automated process, or similar means to access, monitor, collect data from, or interact with the Services except as expressly authorized by Provider in writing; (viii) gain unauthorized access to any portion of the Services, accounts, systems, networks, or data; or (ix) use the Services in any manner that violates applicable law or infringes, misappropriates, or otherwise violates the rights of any person or entity.

Reservation of Rights.

Provider reserves all rights not expressly granted under this Agreement. Except for the limited rights expressly granted herein, nothing in this Agreement grants User any ownership interest in, or any right, title, or interest to, the Services, Documentation, Provider IP, or any intellectual property rights associated therewith.

Suspension.

Provider may suspend, restrict, or terminate User's access to all or any portion of the Services at any time if Provider reasonably determines that: (i) User has violated this Agreement; (ii) User's use of the Services poses a security risk to the Services, Provider, any user, or any third party; (iii) User is using the Services for fraudulent, abusive, unlawful, or unauthorized purposes; (iv) suspension is necessary to comply with applicable law, court order, or governmental request; (v) a Third-Party Product provider has suspended or terminated access to services necessary for operation of the Services; or (vi) suspension is otherwise necessary to protect the Services, Provider, users, or third parties. Provider may, but is not obligated to, provide notice of any suspension and may restore access in its discretion when the circumstances giving rise to the suspension have been resolved.

Aggregated Statistics.

Provider may monitor, collect, compile, analyze, and use Aggregated Statistics relating to the operation, performance, security, improvement, support, maintenance, and use of the Services. As between Provider and User, all right, title, and interest in and to Aggregated Statistics, and all intellectual property rights therein, belong exclusively to Provider.

User Responsibilities.

Account.

To access certain features of the Services, User may be required to create an account. User agrees to provide accurate, current, and complete registration, contact, billing, and payment information and to promptly update such information as necessary. Each account is personal to User and may be used only by the individual who created it. User may not share account credentials or permit any third party to access or use the Services through User's account except as expressly permitted by the Services. User is responsible for maintaining the confidentiality of account credentials, all activities occurring under User's account, and compliance with this Agreement. User shall promptly notify Provider of any unauthorized access to or use of User's account or any other known or suspected security breach. Provider may suspend, restrict, or terminate any account maintained in violation of this Agreement. Provider is not responsible for any loss or damage arising from User's failure to safeguard account credentials.

User Conduct.

User shall use the Services in a lawful and responsible manner and shall not: (i) violate any applicable law, regulation, or third-party right; (ii) harass, threaten, intimidate, abuse, stalk, bully, or otherwise harm another person; (iii) engage in sexual harassment or exploit, endanger, or harm minors; (iv) promote, encourage, or engage in hate speech, discrimination, or violence against any individual or group; (v) impersonate any person or entity or falsely represent an affiliation with any person or entity; (vi) engage in fraudulent, deceptive, misleading, or unlawful conduct; (vii) infringe, misappropriate, or otherwise violate the intellectual property, privacy, publicity, confidentiality, or other rights of any person or entity; (viii) upload, transmit, distribute, or make available any virus, malware, malicious code, or other harmful technology; (ix) interfere with, disrupt, damage, or impair the Services or the use and enjoyment of the Services by any other user; (x) collect, harvest, or otherwise obtain information about other users without authorization; (xi) use the Services to generate, distribute, promote, or facilitate unlawful, harmful, fraudulent, abusive, harassing, defamatory, obscene, or otherwise objectionable content; (xii) circumvent, evade, disable, or interfere with any content moderation, safety, security, or compliance features of the Services; (xiii) encourage, assist, or permit any third party to engage in any of the foregoing activities, (xiv) use AI Services to generate, distribute, promote, facilitate, or assist in unlawful, fraudulent, deceptive, infringing, harmful, abusive, harassing, defamatory, or otherwise prohibited content or conduct, or (xv) create, submit, distribute, publish, or facilitate the submission of false, misleading, deceptive, fraudulent, or materially inaccurate resumes, employment applications, credentials, certifications, qualifications, references, employment histories, education histories, or other professional or career-related materials.

Review and Verification of Output.

User is solely responsible for reviewing, verifying, and evaluating the accuracy, completeness, suitability, and appropriateness of any resumes, cover letters, employment applications, career materials, recommendations, summaries, analyses, or other Output generated through the Services before using, submitting, publishing, sharing, or relying upon such Output. User acknowledges that the Services, including any AI Services, may generate inaccurate, incomplete, misleading, outdated, or otherwise unsuitable information and that Provider is not responsible for any decisions, actions, omissions, employment opportunities, hiring decisions, or other outcomes resulting from User's use of or reliance upon any Output.

Employment and Career Decisions.

User acknowledges that the Services are intended to assist with resumes, career materials, job-search activities, and related professional content. User is solely responsible for all employment, career, educational, professional, and business decisions, actions, and omissions. Provider does not guarantee employment, job interviews, job offers, career advancement, increased compensation, professional opportunities, or any other particular outcome or result from use of the Services.

User Information and Materials.

User is solely responsible for the accuracy, completeness, legality, and reliability of all information, documents, credentials, qualifications, employment history, education history, certifications, licenses, references, portfolio materials, and other content submitted to or through the Services. User represents and warrants that all such information and materials are truthful, accurate, current, and do not violate any applicable law or third-party rights. Provider is not responsible for verifying the accuracy or completeness of any information provided by User.

Third-Party Products.

Provider may from time to time make Third-Party Products available through or in connection with the Services. Third-Party Products may be subject to separate terms, conditions, licenses, privacy policies, or other requirements established by the applicable third party. Provider is not responsible for Third-Party Products and User's use of any Third-Party Product is at User's own risk. If User does not agree to the applicable third-party terms, User should not access or use the applicable Third-Party Product.

Copyright Policy.

Provider respects the intellectual property rights of others. User shall not upload, post, transmit, distribute, generate, or otherwise make available through the Services any content that infringes, misappropriates, or otherwise violates any copyright, trademark, patent, trade secret, or other intellectual property right. Provider's Copyright Policy is available at https://www.setes.ai/copyright and is incorporated into this Agreement by reference.

Fees and Payment.

Fees.

User shall pay all fees, charges, subscriptions, usage fees, and other amounts described on the Services or at https://www.setes.ai/pricing (collectively, "Fees"). Provider may offer Services on a subscription basis, one-time purchase basis, usage basis, bundled basis, promotional basis, or any combination thereof. Descriptions of available Services, features, functionality, pricing, eligibility requirements, limitations, and applicable Fees are available through the Services or at https://www.setes.ai/pricing and may be modified from time to time.

Payment Authorization.

By providing a payment method, User authorizes Provider and its third-party payment processors to charge all applicable Fees to such payment method in accordance with this Agreement. User represents and warrants that User is authorized to use the designated payment method and shall maintain current, complete, and accurate billing and payment information.

Taxes.

Fees do not include any applicable sales, use, value-added, goods and services, withholding, excise, or other taxes, duties, levies, or governmental charges of any kind, except for taxes imposed on Provider's income. User is responsible for all applicable taxes associated with User's purchase or use of the Services, and Provider may collect such taxes where required by applicable law.

Price Changes.

Provider may modify Fees, pricing, subscription plans, features, functionality, billing terms, packages, bundles, offerings, or Service availability at any time. Any changes will become effective as communicated by Provider or upon renewal of the applicable subscription term, unless otherwise required by applicable law.

Promotional Offers.

Provider may offer free trials, discounts, promotional pricing, credits, coupons, bundles, or other promotional offers from time to time. Unless otherwise expressly stated, Provider may modify, suspend, terminate, or revoke any such offer at any time in its sole discretion.

No Refunds.

No Refunds. Except as expressly provided in this Agreement, required by applicable law, or expressly stated by Provider in connection with a particular Service or offering, all Fees are non-refundable and non-creditable. User shall not be entitled to any refund, credit, or prorated reimbursement for any unused Services, partial subscription periods, downgrades, suspensions, or terminations.

Service Guarantees.

The Services, including any resume scoring, analysis, optimization, interview preparation, and related features, are provided to assist User and do not guarantee any particular result or outcome. Provider does not offer any score guarantee, and no resume score, assessment, or other output generated through the Services is a guarantee of any kind. Provider may use a proprietary scoring system to generate a resume score and related assessments indicating the degree to which a resume aligns with a selected job posting. Any such score or assessment is provided solely as an informational and comparative tool and does not predict, guarantee, or represent hiring outcomes, interview opportunities, job offers, employment results, or any specific score, ranking, or result with any employer or applicant tracking system. Any eligibility requirements, limitations, exclusions, conditions, refunds, credits, or remedies applicable to a particular Service are as described by Provider in connection with that Service or at https://www.setes.ai/pricing, and are incorporated into this Agreement by reference.

Failure to Pay.

If any payment cannot be completed or is returned, reversed, disputed, charged back, or otherwise rejected, Provider may suspend or terminate User's access to the Services until all outstanding amounts are paid in full and may pursue any remedies available under applicable law.

Intellectual Property Ownership; Feedback.

Provider IP.

As between Provider and User, Provider and its licensors own and retain all right, title, and interest in and to the Services, Documentation, Provider IP, and all related software, technology, content, features, functionality, trademarks, service marks, trade names, logos, designs, works of authorship, inventions, know-how, trade secrets, and other intellectual property and proprietary rights embodied therein or related thereto. Except for the limited rights expressly granted under this Agreement, no right, title, or interest in or to the Services, Documentation, or Provider IP is granted, assigned, transferred, or conveyed to User.

User Content.

As between Provider and User, User retains all right, title, and interest in and to User Content, subject to the rights and licenses granted to Provider under this Agreement. User represents and warrants that User owns or otherwise has all rights, consents, permissions, and authority necessary to provide User Content to Provider and to grant the rights and licenses set forth in this Agreement.

License and Rights to User Content.

User grants Provider and its affiliates, service providers, contractors, successors, assigns, and sublicensees a worldwide, non-exclusive, transferable, sublicensable, royalty-free, fully paid-up license to host, store, reproduce, process, modify, adapt, translate, transmit, display, perform, distribute, create derivative works from, and otherwise use User Content as reasonably necessary to provide, operate, maintain, support, secure, monitor, troubleshoot, analyze, improve, develop, enhance, market, and make available the Services and related products, services, features, and functionality, to enforce this Agreement, to comply with applicable law, and to exercise Provider's rights and perform Provider's obligations under this Agreement.

AI-Generated Output.

Subject to User's compliance with this Agreement and to the extent permitted by applicable law, User may use, reproduce, modify, distribute, submit, publish, and otherwise use any content, resumes, cover letters, employment materials, career-related materials, recommendations, summaries, analyses, or other outputs generated for User through the AI Services ("Output") for User's personal or professional purposes. Due to the nature of artificial intelligence and machine learning technologies, Output generated for User may be similar or identical to content, responses, recommendations, analyses, summaries, or other outputs generated for other users. User acknowledges and agrees that Provider does not guarantee the uniqueness of any Output and that no rights are granted to User in any content or output generated for other users.

AI Training.

Provider does not use User Content to train, retrain, fine-tune, or otherwise improve any general-purpose artificial intelligence or machine learning models. Notwithstanding the foregoing, Provider may process User Content as necessary to provide, operate, maintain, support, secure, troubleshoot, and improve the Services in accordance with this Agreement and the Privacy Policy.

Feedback.

If User provides Provider with any suggestions, ideas, feedback, recommendations, proposed improvements, or other comments regarding the Services or Documentation ("Feedback"), User hereby irrevocably assigns to Provider all right, title, and interest in and to such Feedback. To the extent any such rights cannot be assigned, User grants Provider a perpetual, irrevocable, worldwide, exclusive, transferable, sublicensable, royalty-free, fully paid-up license to use, reproduce, modify, distribute, display, perform, create derivative works from, exploit, and otherwise use such Feedback for any lawful purpose without restriction, attribution, compensation, or obligation to User.

Third-Party Products.

Third-Party Products are owned by their respective owners and may be protected by applicable intellectual property laws. Nothing in this Agreement grants User any ownership rights in any Third-Party Products.

Confidential Information.

Confidential Information.

"Confidential Information" means any non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential based on the nature of the information and the circumstances of disclosure, including business plans, product plans, software, technology, technical information, security information, know-how, trade secrets, and other proprietary information. Provider's Confidential Information includes the Services, Documentation, Provider IP, and any non-public features, functionality, or performance information relating thereto.

Exclusions.

Confidential Information does not include information that: (i) is or becomes publicly available through no fault of the receiving party; (ii) was lawfully known to the receiving party without restriction prior to disclosure; (iii) is lawfully obtained from a third party without restriction on use or disclosure; or (iv) is independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information.

Protection of Confidential Information.

The receiving party shall use reasonable care to protect the confidentiality of the disclosing party's Confidential Information and shall not use or disclose such Confidential Information except as necessary to exercise its rights or perform its obligations under this Agreement or as otherwise permitted by this Agreement.

Required Disclosure.

The receiving party may disclose Confidential Information to the extent required by applicable law, regulation, legal process, or governmental authority, provided that, to the extent legally permitted, the receiving party gives the disclosing party reasonable prior notice and cooperates with the disclosing party's efforts to seek confidential treatment or other appropriate protection.

Privacy.

Provider's collection, use, disclosure, retention, and other processing of personal information in connection with the Services is governed by Provider's Privacy Policy, available at https://www.setes.ai/privacy, which is incorporated into this Agreement by reference. By accessing or using the Services, User acknowledges that Provider may collect, use, disclose, and otherwise process personal information as described in the Privacy Policy. Provider may update the Privacy Policy from time to time in accordance with its terms.

Warranty Disclaimer.

THE SERVICES, DOCUMENTATION, PROVIDER IP, AI SERVICES, THIRD-PARTY PRODUCTS, AND ALL CONTENT, FEATURES, FUNCTIONALITY, INFORMATION, AND MATERIALS MADE AVAILABLE THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, RELIABILITY, QUALITY, COMPLETENESS, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

PROVIDER MAKES NO WARRANTY THAT THE SERVICES, DOCUMENTATION, PROVIDER IP, AI SERVICES, THIRD-PARTY PRODUCTS, OR ANY PRODUCTS, CONTENT, OR RESULTS OF THE USE THEREOF WILL MEET USER'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.

WITHOUT LIMITING THE FOREGOING, PROVIDER MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY AI SERVICES OR ANY OUTPUT, RESPONSE, RECOMMENDATION, ANALYSIS, SUMMARY, CONTENT, OR OTHER INFORMATION GENERATED, PRODUCED, OR MADE AVAILABLE THROUGH AI SERVICES. AI SERVICES MAY PRODUCE INACCURATE, INCOMPLETE, OFFENSIVE, BIASED, OUTDATED, OR OTHERWISE UNEXPECTED RESULTS. USER IS SOLELY RESPONSIBLE FOR EVALUATING, VERIFYING, AND DETERMINING THE APPROPRIATENESS OF ANY OUTPUT OR INFORMATION GENERATED THROUGH THE AI SERVICES AND FOR ANY DECISIONS, ACTIONS, OR OMISSIONS TAKEN IN RELIANCE THEREON.

NO PROFESSIONAL, EMPLOYMENT, OR CAREER ADVICE. THE SERVICES ARE PROVIDED FOR INFORMATIONAL AND ASSISTIVE PURPOSES ONLY AND ARE NOT INTENDED TO PROVIDE LEGAL, FINANCIAL, TAX, ACCOUNTING, HUMAN RESOURCES, RECRUITING, CAREER COUNSELING, EMPLOYMENT, OR OTHER PROFESSIONAL ADVICE OR SERVICES. PROVIDER IS NOT AN EMPLOYMENT AGENCY, RECRUITING FIRM, STAFFING AGENCY, CAREER COUNSELOR, OR JOB PLACEMENT SERVICE. USER IS SOLELY RESPONSIBLE FOR EVALUATING AND VERIFYING ANY INFORMATION, RECOMMENDATIONS, CONTENT, OR OUTPUT MADE AVAILABLE THROUGH THE SERVICES AND FOR SEEKING INDEPENDENT PROFESSIONAL ADVICE WHERE APPROPRIATE.

PROVIDER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY PRODUCTS OR ANY CONTENT, SERVICES, OR MATERIALS PROVIDED BY THIRD PARTIES.

Indemnification.

User shall indemnify, defend, and hold harmless Provider, its affiliates, licensors, service providers, and their respective officers, directors, employees, agents, successors, and assigns from and against any and all claims, demands, actions, proceedings, investigations, losses, damages, liabilities, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys' fees and costs, arising out of or relating to: (a) User Content; (b) User's access to or use of the Services; (c) User's violation of this Agreement; (d) User's violation of any applicable law, regulation, or third-party right, including any intellectual property, privacy, publicity, confidentiality, contractual, or proprietary right; (e) User's fraud, negligence, willful misconduct, or unlawful conduct; (f) User's use of any AI Services, including any content, information, recommendations, analyses, summaries, responses, or other outputs generated through AI Services; or (g) any dispute between User and any third party.

• Provider reserves the right, at User's expense, to assume the exclusive defense and control of any matter subject to indemnification by User, and User agrees to cooperate fully with Provider in the defense or settlement of such matter. User may not settle any claim subject to this Section without Provider's prior written consent if such settlement imposes any obligation on, or admits any liability of, Provider.
• THIS SECTION SETS FORTH USER'S INDEMNIFICATION OBLIGATIONS AND APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Limitations of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROVIDER, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY: (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (B) LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST OPPORTUNITIES, LOST SAVINGS, OR DIMINUTION IN VALUE; (C) LOSS OF GOODWILL OR REPUTATION; (D) USE, INABILITY TO USE, LOSS OF USE OF, INTERRUPTION OF, DELAY IN, OR RECOVERY OF ANY DATA, CONTENT, OR INFORMATION; (E) BREACH OF DATA OR SYSTEM SECURITY; OR (F) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER PROVIDER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER SUCH DAMAGES WERE OTHERWISE FORESEEABLE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES, AI SERVICES, OR USER'S USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNTS PAID BY USER TO PROVIDER FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR ONE HUNDRED U.S. DOLLARS (US $100.00), WHICHEVER IS LESS.

THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SET FORTH IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, AND SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Term and Termination.

Term.

This Agreement begins on the Effective Date and remains in effect for as long as User accesses or uses the Services or maintains an account, unless terminated earlier in accordance with this Agreement.

Subscriptions; Automatic Renewal.

Certain Services are offered on a recurring subscription basis. IF USER PURCHASES A SUBSCRIPTION, THE SUBSCRIPTION AUTOMATICALLY RENEWS AT THE END OF EACH BILLING PERIOD (FOR EXAMPLE, EACH MONTH), AND THE PAYMENT METHOD ON FILE WILL BE CHARGED THE THEN-CURRENT FEES FOR EACH RENEWAL PERIOD, UNTIL USER CANCELS. User may cancel a subscription at any time through User's account settings, the subscription or billing management portal made available through the Services, or by contacting Provider at contact@setes.ai. Cancellation takes effect at the end of the then-current billing period, and User will retain access to the subscription Services through the end of that paid period. Except as expressly stated by Provider or required by applicable law, Fees already charged are non-refundable and User is not entitled to a refund or credit for any unused portion of the then-current billing period. Provider may change subscription Fees, plans, or features. Provider will provide clear and conspicuous notice of any increase in recurring Fees before the increase takes effect and prior to User's next renewal, and User may cancel the subscription before the increase takes effect if User does not agree to it.

Termination.

In addition to any other express termination right set forth in this Agreement:

Provider may terminate this Agreement, effective on written notice to User, if User: (A) fails to pay any amount when due hereunder, and such failure continues more than ten (10) days after Provider’s delivery of written notice thereof; or (B) breaches any of its obligations under the Documentation License subsection (within Access and Use) or the Confidential Information section;

either Party may terminate this Agreement, effective on written notice to the other Party, if the other Party materially breaches this Agreement, and such breach: (A) is incapable of cure; or (B) being capable of cure, remains uncured 30 days after the non-breaching Party provides the breaching Party with written notice of such breach; or

either Party may terminate this Agreement, effective immediately upon written notice to the other Party, if the other Party: (A) becomes insolvent or is generally unable to pay, or fails to pay, its debts as they become due; (B) files or has filed against it, a petition for voluntary or involuntary bankruptcy or otherwise becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law; (C) makes or seeks to make a general assignment for the benefit of its creditors; or (D) applies for or has appointed a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business.

Effect of Expiration or Termination.

Upon expiration or earlier termination of this Agreement, User shall immediately discontinue use of the Provider IP and, without limiting User's obligations under the Confidential Information section, User shall delete, destroy, or return all copies of the Provider IP and certify in writing to the Provider that the Provider IP has been deleted or destroyed. No expiration or termination will affect User's obligation to pay all Fees that may have become due before such expiration or termination or entitle User to any refund.

Survival.

This Survival provision and the following sections survive any termination or expiration of this Agreement: Definitions; Fees and Payment; Intellectual Property Ownership and Feedback; Confidential Information; Privacy; Warranty Disclaimer; Indemnification; Limitations of Liability; Governing Law; Dispute Resolution and Binding Arbitration; and Miscellaneous. No other provisions of this Agreement survive the expiration or earlier termination of this Agreement.

Governing Law.

This Agreement and all matters arising out of or relating to this Agreement, the Services, or the relationship between User and Provider shall be governed by and construed in accordance with the laws of the State of California, without regard to any conflict of laws principles that would require the application of the laws of any other jurisdiction.

Dispute Resolution and Binding Arbitration.

Informal Dispute Resolution.

Before initiating arbitration or any other legal proceeding, the party seeking relief shall provide written notice of the dispute to the other party describing the nature of the dispute and the relief sought. The parties agree to attempt in good faith to resolve the dispute informally for at least thirty (30) days before commencing arbitration.

Binding Arbitration.

Except as otherwise provided in this Agreement, any dispute, claim, or controversy arising out of or relating to this Agreement, the Services, or the relationship between User and Provider, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association ("AAA") in accordance with the AAA Consumer Arbitration Rules then in effect.

Arbitration Procedures.

The arbitration shall be conducted by a single arbitrator. To the fullest extent permitted by the AAA Consumer Arbitration Rules, arbitration may be conducted on the basis of written submissions, by telephone, by videoconference, or through other streamlined, expedited, or simplified procedures appropriate to the nature of the dispute and the amount in controversy. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration provision, except that a court of competent jurisdiction shall determine issues relating to the enforceability of the class action waiver set forth below.

Class Action and Jury Trial Waiver.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, USER AND PROVIDER EACH WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. ALL DISPUTES SHALL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS.

Small Claims Court Option.

Notwithstanding the foregoing, either party may bring an individual action in a small claims court of competent jurisdiction if the claim qualifies for hearing in such court and remains solely on an individual basis.

Exceptions; Venue.

Nothing in this Section shall prevent either party from seeking temporary, preliminary, or injunctive relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidentiality obligations, or other proprietary rights. The parties irrevocably submit to the exclusive jurisdiction of the state and federal courts located in Sacramento County, California for any action permitted to be brought in court under this Agreement, and waive any objection based on lack of personal jurisdiction, improper venue, or forum non conveniens.

Miscellaneous.

Entire Agreement.

This Agreement, together with the Privacy Policy and any other documents expressly incorporated herein by reference, constitutes the entire agreement between User and Provider with respect to the Services and supersedes all prior and contemporaneous understandings, agreements, representations, and communications, whether written or oral, relating to the subject matter hereof.

Notices.

Provider may provide any notice, disclosure, or other communication under this Agreement by email, through the Services, by posting on the Services, or by any other reasonable means. User is responsible for maintaining accurate and current contact information associated with User's account. Notices to Provider shall be sent to Setes.ai, LLC, 1401 21st St, Suite R, Sacramento, CA 95811, Attn: Legal; contact@setes.ai.

Force Majeure.

Provider shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, civil unrest, labor disputes, governmental actions, interruptions in telecommunications or internet services, utility failures, cyberattacks, or failures of third-party service providers.

Changes to this Agreement.

Provider may modify this Agreement from time to time. Unless otherwise required by applicable law, any modifications will become effective upon posting or as otherwise communicated by Provider. User's continued use of the Services after the effective date of any modification constitutes acceptance of the modified Agreement.

Waiver.

No waiver of any provision of this Agreement shall be effective unless in writing. No failure or delay by Provider in exercising any right or remedy shall operate as a waiver of such right or remedy.

Severability.

If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid, illegal, or unenforceable provision shall be enforced to the maximum extent permitted by applicable law.

Assignment.

User may not assign, transfer, delegate, or otherwise convey any rights or obligations under this Agreement without Provider's prior written consent. Any attempted assignment in violation of this Section shall be null and void. Provider may assign this Agreement, in whole or in part, without restriction.

Equitable Relief.

User acknowledges that a breach of the Intellectual Property Ownership and Feedback or Confidential Information sections may cause Provider irreparable harm for which monetary damages would be an inadequate remedy. Accordingly, Provider shall be entitled to seek injunctive relief, specific performance, and other equitable remedies, without the necessity of posting a bond or proving actual damages, in addition to any other remedies available at law or in equity.

No Third-Party Beneficiaries.

Except as expressly provided in this Agreement, this Agreement is for the sole benefit of the parties and their permitted successors and assigns and creates no rights in any third party.

Relationship of the Parties.

Nothing in this Agreement creates any partnership, joint venture, agency, fiduciary, employment, or other similar relationship between User and Provider.

Electronic Communications.

User consents to receive communications, notices, disclosures, agreements, and records electronically and agrees that electronic communications satisfy any legal requirement that such communications be in writing.

Contact Information.

If you have any questions about the Services or this Agreement, or wish to provide legal notices, copyright notices, privacy requests, or other communications, you may contact Provider at: