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Version 2.1 — Effective October 21, 2026
The LumberJack AI platform and services are operated by LJAI (“LJAI”). This Terms of Service (the “Agreement”) states the terms and conditions under which you may use, access, or browse the LumberJack AI platform and related services, software, tools, and artificial intelligence features (together, the “Platform”). By using the Platform, you (“User” or “you” or “your”) agree to be bound by this Agreement. If you object to anything in this Agreement, the Privacy Notice, or any other policy referred to in this Agreement, you should discontinue use of the Platform immediately.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 16. BY ACCEPTING, YOU AGREE TO RESOLVE DISPUTES BY INDIVIDUAL ARBITRATION AND WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS.
a. Acceptance. This Agreement sets out the legally binding terms of your use of the Platform and LJAI’s related services. This Agreement may include other LJAI policies referenced herein and any notices regarding the Platform. By accessing the Platform, executing a service order (“Service Order”), and/or clicking the “Accept & Continue” button, you accept this Agreement and agree to the terms, conditions, and notices contained or referenced herein.
b. Modification. This Agreement and any other policies referenced by this Agreement may be modified by LJAI at its sole discretion from time to time. Such modifications shall be effective upon posting on LJAI’s website or within the Platform, and your use of the Platform after such posting will constitute acceptance by you of such changes. Please consult this Agreement and the referenced policies regularly. This Agreement was last updated on October 21, 2026.
c. Access and Retention. A link to this Agreement will be found within the Platform and on the LJAI website. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
The following terms shall have the meanings set forth below when used in this Agreement:
“Platform” means the LumberJack AI web-based and/or application-based software platform, including all associated features, tools, algorithms, artificial intelligence models, user interfaces, and documentation.
“Takeoff” means any AI-generated material list, quantity analysis, framing schedule, or material estimate produced by the Platform based on User-uploaded Plans/Documents.
“Subscription Plan” means one service tiers offered by LJAI, each with varying features, usage limits, and pricing as described in the applicable Service Order or on the Platform.
“User” means any individual or entity that accesses, uses, or browses the Platform, including Authorized Users (as defined in Section 4).
“Plans/Documents” means any building plans, truss layouts, blueprints, architectural drawings, engineering documents, specifications, or other construction-related documents uploaded to the Platform by User.
“AI Outputs” means all material lists, framing analyses, Takeoffs, bid estimates, efficiency recommendations, preliminary plan reviews, and any other outputs, reports, or analyses generated by the Platform’s artificial intelligence systems.
“Service Order” means the subscription purchase documentation, order form, or online registration through which User selects a Subscription Plan and agrees to the applicable Charges.
Subject to the terms and conditions of this Agreement, LJAI hereby grants to User a limited, non-exclusive, non-transferable, non-sublicensable license to access, receive, and use the Platform during the Term or any Renewal Period thereof as set forth in Section 15. The applicable Subscription Plan, services, associated Charges, and initial subscription term will be selected by User during registration with the Platform, in a Service Order, or during any subsequent purchase.
The license granted herein is solely for User’s internal business purposes in connection with residential and commercial construction estimation, framing analysis, material takeoffs, bid preparation, and preliminary plan review. By agreeing to grant such license, LJAI does not obligate itself to provide or maintain the Platform in its present form. LJAI may upgrade, modify, change, or enhance the Platform in its sole discretion. LJAI may also change any third-party service provider it uses in connection with the Platform and its services, at LJAI’s sole discretion.
a. Subscription Tiers. LJAI offers various Subscription Plans. Each tier provides different levels of access to Platform features, usage volumes, and support. The specific features and limitations of each Subscription Plan are described on the Platform or in the applicable Service Order.
b. Billing and Fees. LJAI charges monthly subscription fees for access to the Platform as set forth in the applicable Service Order (“Charges”). User agrees to pay the corresponding Charges for the selected Subscription Plan. Unless otherwise expressly stated, all Charges are stated in United States dollars. LJAI reserves the right to change Charges with respect to any renewal term upon thirty (30) days’ prior written notice.
c. Automatic Renewal. Upon expiration of the initial subscription term, the Subscription Plan shall automatically renew on a month-to-month basis at the then-current rate until terminated by either party in accordance with this Agreement.
d. Cancellation. User may cancel the Subscription Plan through the User portal/dashboard; provided, however, that User shall remain responsible for all Charges through the end of the full billing cycle that follows the expiration of such notice period.
e. Payment Processing. LJAI utilizes third-party companies to handle credit card and payment transactions. LJAI is not responsible for such transactions. A processing fee may be assessed for any ACH rejection, and reasonable administrative fees may be assessed for chargebacks, returned payments, or account reinstatement following payment failures.
f. Late Payment. User agrees to pay interest on all overdue amounts at the rate of one and one-half percent (1.5%) per month (or the maximum rate permitted by law, whichever is less), accruing from the due date until the amount is paid in full.
g. Fee Disputes. User must notify LJAI in writing of any good-faith fee dispute within thirty (30) days after the invoice due date, identifying the disputed amounts and the basis for the dispute in reasonable detail. Undisputed amounts remain due and payable. User waives the right to dispute any charges not timely raised in accordance with this Section.
User may assign individuals who are employees or contractors of User (“Authorized Users”) to access the Platform. User will remain liable for all acts or omissions of its Authorized Users with respect to access and use of the Platform. User is responsible for maintaining the confidentiality of all usernames and passwords designated during the registration process, and User is fully responsible for all activities that occur under User’s account.
User shall: (a) prevent unauthorized use of the Platform using User’s credentials; (b) immediately notify LJAI of any unauthorized use of User’s username or password or any other breach of security; (c) ensure that each Authorized User has a unique identifier and that credentials are not shared between individuals; and (d) ensure that User exits from the account at the end of each session. LJAI will not be liable for any loss or damage arising from User’s failure to comply with this provision.
The Platform is intended solely for the internal business use of User. LJAI reserves all rights not expressly granted to User. Except as expressly authorized in this Agreement, User shall not directly or indirectly (and shall not permit any unauthorized party to):
(a) use, copy, reproduce, export, merge, or transfer copies of the Platform or any AI Outputs beyond the scope of this Agreement;
(b) rent, lease, sublicense, distribute, transfer, copy, modify, or timeshare the Platform or any of User’s rights under this Agreement;
(c) reverse engineer, decompile, disassemble, or attempt to derive source code from any portion of the Platform, including the underlying AI models;
(d) use the Platform or any part of it after any expiration, termination, or cancellation of this Agreement;
(e) remove, obscure, or alter any intellectual property right or confidentiality notices appearing in or on the Platform;
(f) bypass or breach any security device or protection used for or contained in the Platform;
(g) use the Platform for purposes of competitive analysis, developing a competing application or service, or any other purpose that is to LJAI’s detriment or commercial disadvantage;
(h) use the Platform in any manner that could damage, disable, overburden, or impair the Platform or interfere with any other party’s use;
(i) use the Platform for any purpose that is unlawful or prohibited by this Agreement or applicable law; or
(j) misrepresent AI Outputs as engineering or professional certification, sealed documents, or code-compliance determinations.
IMPORTANT — PLEASE READ THIS SECTION CAREFULLY
USER ACKNOWLEDGES AND AGREES TO THE FOLLOWING LIMITATIONS REGARDING THE PLATFORM AND ALL AI OUTPUTS:
(a) Preliminary and Informational Only. All AI Outputs are generated by artificial intelligence algorithms and are intended solely as preliminary reference tools. LJAI does not represent or warrant that any output will be accurate, complete, current, error-free, or suitable for every project. Past performance, testing, demonstrations, marketing statements, case studies, or comparisons do not constitute a guarantee that comparable results will occur on any other plan or project. Plan quality, scale, scanning, drafting conventions, revisions, annotations, project complexity, missing information, User selections, and other factors may materially affect results.
(b) AI Limitations. Artificial intelligence systems are inherently probabilistic and may produce errors, omissions, inaccuracies, or inconsistencies, including providing different responses to repeated analysis of the same information. AI Outputs may not account for site-specific conditions, local code amendments, unusual structural configurations, material availability, or other factors that a qualified professional would consider. User must independently verify all AI Outputs before relying on them for any purpose, including but not limited to construction, bidding, permitting, material procurement, or structural design, and assumes all risk associated with any failure to do so.
(c) Not a Substitute for Professional Judgment. LJAI is not a licensed engineering firm, architectural firm, or construction firm. LJAI does not provide professional engineering services, architectural services, structural design services, or construction management services through the Platform. The Platform is a software tool only. AI Outputs are not a substitute for the judgment of licensed engineering, architectural, structural, or other qualified professionals. All final designs, engineering seals, structural calculations, load analyses, code compliance determinations, and all other professional certifications remain the sole responsibility of the licensed designer, engineer of record, architect, or other qualified professional retained by User. No AI Output constitutes a professional engineering or architectural opinion or certification.
(d) No Building Code Compliance Representation. LJAI makes no representation or warranty that any AI Output complies with any applicable building code, zoning regulation, structural requirement, fire safety standard, energy code, or any other regulatory requirement. AI Outputs should not be used as the sole basis for purchasing materials, ordering engineered products, submitting binding bids, fabricating components, performing construction, or representing compliance with applicable codes or project requirements.
(e) Engineered and Structural Products. The Platform must not be relied upon to determine the final engineering, sizing, specification, or suitability of engineered structural products, including LVL, LSL, PSL, engineered beams, I-joists, roof trusses, floor trusses, structural connectors, engineered lumber systems, and similar products. All engineered products and structural applications must be verified through applicable plans, specifications, manufacturers, suppliers, engineers, truss designers, or other qualified professionals.
(f) Truss Partner and Review Services. The Platform may provide tools to assist truss manufacturers, estimators, suppliers, and related professionals with preliminary analysis, quote review, layout review, or similar workflows. These are review and decision-support tools only. Truss-related output generated by the Platform is not an engineered truss design, sealed truss package, placement diagram, fabrication authorization, or approval for construction. Truss manufacturers, engineers, designers, estimators, and other professionals remain solely responsible for their own final work product, including designs, quotes, layouts, calculations, and approvals.
a. Quantities produced by the Platform are intended to assist estimating. They are not a certification, engineering approval, or warranty of any kind.
b. Material prices are indicative and fluctuate by supplier, location, and market. Verify all costs with your supplier before commitment.
c. Engineered lumber marked “Needs Review” requires verification by the Engineer of Record before ordering.
d. Wall heights, buck types, door swings, and code-compliance items marked “Structural Verification Required” must be confirmed from the plans.
e. Nothing produced by the Platform constitutes a building permit, a structural approval, or a Florida Building Code compliance determination.
f. A qualified professional must verify quantities before purchase. User accepts responsibility for what User orders.
User hereby represents, warrants, and agrees that:
(a) User is solely responsible for the accuracy, completeness, and legibility of all Plans/Documents and other information uploaded to, entered into, selected within, or confirmed on the Platform, and acknowledges that inaccurate or incomplete information may result in inaccurate AI Outputs. Where the Platform requests User confirmation, Company may rely upon that information when generating subsequent AI Outputs
(b) User shall comply with all applicable building codes, zoning regulations, and other federal, state, and local laws and regulations in connection with any construction project for which AI Outputs are used;
(c) User shall ensure that all AI Outputs are reviewed, verified, and, where appropriate, approved by qualified licensed professionals (including, as applicable, licensed engineers, architects, or building officials) before being used for construction, permitting, bidding, or any other purpose;
(d) User shall not rely on AI Outputs as final engineering or design documents, and shall not represent AI Outputs to any third party as professionally sealed, certified, or code-compliant documents;
(e) User is solely responsible for ensuring that all construction activities comply with applicable safety standards, labor regulations, and professional licensing requirements;
(f) all information provided by User to LJAI is truthful, accurate, and complete; and
(g) User shall comply with all terms and conditions of this Agreement and all applicable laws, rules, and regulations.
a. LJAI Ownership. LJAI owns and retains all right, title, and interest in and to the following (collectively, “LJAI Property”): (i) the Platform, including all software, algorithms, artificial intelligence models, machine learning systems, neural networks, and underlying technology; (ii) all documentation, training materials, and user guides; (iii) the marks “LumberJack AI,” the LumberJack AI logo, and all other trademarks, logos, graphics, page headers, button icons, scripts, and service names; (iv) all ideas, know-how, and techniques developed by LJAI during its performance under this Agreement; and (v) all worldwide patent, copyright, trade secret, trademark, and other intellectual property rights in the foregoing. The non-exclusive license set forth in this Agreement is the entirety of User’s rights in connection with the LJAI Property.
b. User-Uploaded Content. As between LJAI and User, User retains all right, title, and interest in and to the Plans/Documents and other data uploaded by User to the Platform (“User Data”). User grants LJAI a royalty-free, non-exclusive, worldwide license to use, copy, store, process, and display User Data solely to provide, maintain, secure, support, and improve the Platform and related services, and to comply with applicable law.
c. AI Outputs. LJAI retains ownership of all underlying AI models, algorithms, methods, and systems used to generate AI Outputs. User receives a limited, non-exclusive, non-transferable license to use AI Outputs solely for User’s internal business purposes in connection with the construction projects for which such AI Outputs were generated. User shall not resell, redistribute, or sublicense AI Outputs to third parties.
d. De-Identified Data. LJAI exclusively owns all de-identified, anonymized, or aggregated data derived from User Data or the use of the Platform, provided such data cannot reasonably be used to identify User or any individual. LJAI may use such de-identified data for any business purpose, including improving the Platform’s AI models and algorithms.
e. Feedback. User grants LJAI a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate into its products and services any suggestions, enhancement requests, recommendations, or other feedback provided by User, without restriction or obligation.
USER ACCEPTS RESPONSIBILITY TO VERIFY THAT THE PLATFORM AND AI OUTPUTS WILL MEET USER’S SPECIFIC REQUIREMENTS AND PERFORM AS WARRANTED. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, LJAI DISCLAIMS ALL WARRANTIES, GUARANTIES, CONDITIONS, OR REPRESENTATIONS OF ANY KIND (INCLUDING BUT NOT LIMITED TO EXPRESS OR IMPLIED, ORAL OR WRITTEN), INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, ACCURACY, INTEGRATION, SECURITY, FITNESS FOR A PARTICULAR PURPOSE, AND THOSE ALLEGED TO ARISE BY A CUSTOM OR USAGE IN A TRADE, OR BY COURSE OF DEALING.
LJAI DOES NOT WARRANT THAT THE PLATFORM WILL OPERATE TIMELY, SECURELY, UNINTERRUPTED, OR ERROR FREE. LJAI DOES NOT WARRANT THAT AI OUTPUTS WILL BE ACCURATE, COMPLETE, ERROR-FREE, CODE-COMPLIANT, OR SUITABLE FOR ANY PARTICULAR CONSTRUCTION PROJECT, BUILDING TYPE, JURISDICTION, OR STRUCTURAL APPLICATION. THE PLATFORM, AI OUTPUTS, AND ALL DOCUMENTATION ARE PROVIDED “AS IS,” WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. USER EXPRESSLY AGREES AND ACKNOWLEDGES THAT USE OF THE PLATFORM AND RELIANCE ON AI OUTPUTS IS AT USER’S SOLE RISK.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LJAI OR LJAI’S AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE WARRANTIES CONTAINED IN THIS SECTION. LJAI MAKES NO WARRANTY AS TO THE ADEQUACY, CAPACITY, OR SUITABILITY OF ANY AI OUTPUT FOR USE IN ANY SPECIFIC CONSTRUCTION APPLICATION. MANY FACTORS, INCLUDING BUT NOT LIMITED TO SITE CONDITIONS, LOCAL CODE REQUIREMENTS, MATERIAL SPECIFICATIONS, STRUCTURAL LOADS, AND ENVIRONMENTAL CONDITIONS, WILL IMPACT THE SUITABILITY OF AI OUTPUTS FOR ANY PARTICULAR PROJECT.
NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR BUSINESS INTERRUPTION, LOSS OF PROFITS, REVENUE, BUSINESS INFORMATION, OR DATA, WHETHER IN AN ACTION IN CONTRACT, TORT, PRODUCT LIABILITY, STATUTE, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
WITHOUT LIMITING THE FOREGOING, LJAI SHALL NOT BE LIABLE FOR ANY CONSTRUCTION DEFECT, STRUCTURAL FAILURE, BUILDING CODE VIOLATION, PERMIT DENIAL, MATERIAL SHORTAGE OR OVERAGE, MATERIAL WASTE, COST OVERRUN, PURCHASING ERROR, INCORRECT BID OR ESTIMATE, CONSTRUCTION OR PROJECT DELAY, LABOR COST, REWORK, FABRICATION ERROR, LOST BUSINESS OPPORTUNITY, PROFESSIONAL-SERVICE EXPENSE, PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE ARISING FROM OR RELATED TO USER’S RELIANCE ON AI OUTPUTS, TAKEOFFS, OR ANY OTHER INFORMATION PROVIDED THROUGH THE PLATFORM. USER ACKNOWLEDGES THAT THE PLATFORM IS A PRELIMINARY ESTIMATION TOOL AND THAT ALL CONSTRUCTION DECISIONS MUST BE INDEPENDENTLY VERIFIED BY QUALIFIED LICENSED PROFESSIONALS.IN NO EVENT WILL LJAI BE LIABLE FOR ANY LOSS OR CORRUPTION OF DATA, COST OF COVER, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS.
LJAI’S TOTAL LIABILITY TO USER WITH RESPECT TO THE PLATFORM, AI OUTPUTS, SERVICES, OR ANY DAMAGES, LIABILITIES, LOSSES, OR CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID OR PAYABLE BY USER TO LJAI UNDER THE APPLICABLE SERVICE ORDER DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, EVEN IF ANY TERM OF THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.
User agrees to indemnify, defend, and hold harmless LJAI, its officers, directors, shareholders, members, managers, affiliates, subsidiaries, employees, agents, representatives, and independent contractors from and against any and all losses, liabilities, damages, claims, actions, demands, costs, and expenses (including reasonable attorneys’ fees) made by any third party arising out of or relating to:
(a) User’s use of the Platform in violation of this Agreement;
(b) User’s reliance on AI Outputs without obtaining independent professional verification from qualified licensed professionals;
(c) any construction defect, structural failure, code violation, or property damage arising from User’s use of or reliance on AI Outputs;
(d) the inaccuracy, incompleteness, or illegibility of Plans/Documents uploaded by User;
(e) any violation by User of applicable building codes, zoning regulations, safety standards, or licensing requirements; and
(f) any violation by User of applicable law.
a. Service Availability. LJAI will use commercially reasonable efforts to enable the Platform to be accessible, except for scheduled maintenance and required repairs, and except for any interruption due to causes beyond the reasonable control of LJAI. LJAI does not guarantee uninterrupted, continuous, or error-free access to the Platform.
b. Force Majeure. LJAI shall not be liable for failing to perform its obligations hereunder because of circumstances reasonably beyond its control. Such circumstances shall include (without limitation) any acts or omissions of any government or governmental authority, natural disaster, hurricane, flood, act of a public enemy, acts of terrorism, epidemic, pandemic, riot, sabotage, labor disputes, power failure, delays in transportation or deliveries of supplies or materials, acts of God, computer failure, hardware failure, telecommunications failure, software failure, cyber-attacks, cyber-crimes, ransomware attacks, distributed denial-of-service attacks, failure of users to cooperate with reasonable requests of LJAI, breach of this Agreement by users, and any other events reasonably beyond the control of LJAI (each a “Force Majeure Event”).
LJAI may rely upon third-party infrastructure and services, including payment processors, hosting providers, artificial-intelligence providers, communications services, analytics providers, and other technology vendors. LJAI is not responsible for third-party outages, interruptions, or failures outside its reasonable control.
a. Initial Term. The initial subscription term for the Platform shall be as set forth in the applicable Service Order (the “Initial Term”).
b. Automatic Renewal. Upon expiration of the Initial Term, the subscription shall automatically continue on a month-to-month basis (each such month, a “Renewal Period,” and collectively with the Initial Term, the “Term”) until terminated by either party in accordance with this Section.
c. Termination Without Cause. Either party may terminate this Agreement without cause by providing at least thirty (30) days’ prior written notice to the other party, such termination to be effective at the end of the then-current billing cycle.
d. Termination for Material Breach. Either party may terminate this Agreement immediately upon written notice to the other party if the other party materially breaches any term or condition of this Agreement and fails to cure such breach within fifteen (15) days after receiving written notice thereof.
e. Effect of Termination. Upon termination or expiration of this Agreement for any reason: (i) all rights and licenses granted to User hereunder shall immediately terminate; (ii) User shall immediately cease all use of the Platform and LJAI Property; (iii) User shall pay to LJAI all Charges and other amounts due and owing as of the effective date of termination; and (iv) the provisions of this Agreement that by their nature should survive termination shall survive, including, without limitation, Sections 1 (Definitions), 5 (License Restrictions), 6 (AI Limitations and Disclaimer), 9 (Intellectual Property), 10 (Disclaimer of Warranties), 11 (Limitation of Liability), 12 (Indemnification), and 16 (Governing Law and Dispute Resolution).
All matters arising out of or relating to this Agreement are governed by and construed in accordance with the substantive laws of the State of Florida without giving effect to any choice or conflict of law provision or rule that would cause the application of the substantive laws of any jurisdiction other than those of Florida.
All controversies or claims arising out of or relating to this Agreement shall be resolved in accordance with the provisions of this Section. First, the disputing party shall give the other party written notice (the “Notice”) of the controversy or claim in accordance with the notice provision of this Agreement. The parties will attempt in good faith to resolve each controversy or claim within thirty (30) days from the delivery of the Notice by negotiations between senior executives of the parties who have settlement authority and who do not have direct responsibility for the administration of this Agreement.
If the controversy or claim has not been resolved within thirty (30) days of delivery of the disputing party’s Notice, then the exclusive procedure for resolving the dispute shall be binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules before one (1) arbitrator in the State of Florida. The arbitration shall be confidential and is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. The arbitrator shall award reasonable attorneys’ fees and costs to the prevailing party.
Judgment on the award rendered by the arbitrator may be entered only in the state or federal courts in the State of Florida, which shall be the exclusive venue for any court action between the parties. Each party consents to personal jurisdiction and venue in those courts. Except as may be required by law, neither party nor the arbitrator may disclose the existence, contents, or results of anything related to the arbitration without all parties’ prior written consent.
Any dispute arising out of or in connection with this arbitration provision, including any question regarding its existence, validity, scope, or termination, shall be referred to and finally resolved by arbitration. If the resolution of any controversy or claim arising out of or related to this Agreement would be barred by the applicable statute of limitations if such resolution were to occur in court, then the resolution of such controversy or claim shall be barred from being resolved pursuant to arbitration.
CLASS ACTION WAIVER: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE ACTION IN CONNECTION WITH ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT. ANY DISPUTE SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY.
The only exceptions to the exclusive procedure of arbitration are that: (i) either party may bring in the state or federal courts in Florida an action for injunctive or equitable relief pending arbitration; and (ii) neither party may submit to arbitration any dispute related to the validity, scope, enforceability, inventorship, or ownership of any patent, trademark, service mark, or copyright, and instead either party may initiate such litigation in the state or federal courts of Florida or appropriate administrative agency.
a. Entire Agreement. This Agreement, together with any Service Order and the Privacy Notice, contains the entire agreement between User and LJAI regarding the use of the Platform. Any other policy statements as referenced herein (as modified by LJAI from time to time) are incorporated herein by reference.
b. Assignment. User may not assign its rights and obligations under this Agreement to any third party, and any purported attempt to do so will be null and void. LJAI may freely assign its rights and obligations under this Agreement.
c. Severability. If any part of this Agreement is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.
d. Waiver. Any failure by LJAI to enforce or exercise any provision of this Agreement or related rights will not constitute a waiver of that right or provision.
e. Captions and Headings. The headings and captions of this Agreement are inserted for convenience of reference and do not define, limit, or describe the scope or intent of this Agreement or any particular section, paragraph, or provision.
f. Mobile Devices. Use of the Platform may be available through a compatible mobile device using Internet access and may require software. User agrees that User is solely responsible for these requirements, including any applicable changes, updates, and fees for data plans and general usage, as well as the terms of User’s agreement with User’s mobile device and telecommunications provider. LJAI MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED AS TO THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM USER’S PROVIDER AND ACCESS TO THE PLATFORM AT ANY TIME OR FROM ANY LOCATION.
g. Privacy Notice. Please refer to our Privacy Notice set forth at https://lumberjack-ai.com/privacy.html. The Privacy Notice is incorporated herein by reference and forms a part of this Agreement.
h. Notices. LJAI may give notice by means of a general notice through the Platform, electronic mail to User’s email address on record, or by written communication sent by first class mail to User’s address on record. User may give notice to LJAI (such notice shall be deemed given when received by LJAI) at any time by electronic mail to support@lumberjack-ai.com.