Terms of Service

Last Updated: October 19, 2025

These Terms of Service (these “Terms”) describe the terms and conditions by which you may access and/or use the website(s), including paretoalphainference.com, and the related application programming interfaces, AI model inference services, and other online and/or digital services (collectively, the “Service”) provided by Pareto Alpha Inference LLC, a Delaware limited liability company (including its successors and assigns, “Pareto Alpha,” “we,” “our,” or “us”). By accessing and/or using the Service, you’re agreeing to these Terms and acknowledging that you have read and understood our Privacy Policy, available at paretoalphainference.com/privacy (the “Privacy Policy”). If you don’t agree to these Terms, you may not use the Service. We reserve the right to modify these Terms, as described below. These Terms apply to all visitors and users of the Service, and to all others who access the Service (collectively, “Users,” and, as applicable to you, “you” or “your”).

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION IN SECTION 12.2 (THE “ARBITRATION AGREEMENT”) AND A CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 12.3 (THE “CLASS ACTION/JURY TRIAL WAIVER”) THAT REQUIRE, UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS IN THE ARBITRATION AGREEMENT, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION OR PROCEEDING.

1. How We Administer the Service

1.1 Eligibility. This is a contract between you and Pareto Alpha. You must read and agree to these Terms before using the Service. You may use the Service only if you can form a legally binding contract with us, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations (“Applicable Law”). To use the Service, you must be at least 18 years old (or the age of majority in your jurisdiction). The Service is not available to any Users we previously removed from the Service.

1.2 Third-Party Access and Equal Treatment.

(a) Authorized Access Channels. The Service may be made available through third-party platforms, marketplaces, integrations, or other channels that we authorize (each, an “Authorized Channel”). Any third party’s terms and policies govern your use of that third party’s platform or services, but these Terms govern your access to and use of the Service. We do not have access to your Authorized Channel account, and the Authorized Channel operator controls how requests are routed to the Service.

(b) Equal Treatment. These Terms apply regardless of how you access the Service. You are entitled to the same rights, protections, and benefits, including any indemnification obligations of Pareto Alpha, and are subject to the same use restrictions, conditions, and obligations, as any customer that accesses the Service through another channel, unless you and Pareto Alpha have separately agreed otherwise in writing.

(c) Order of Precedence. In the event of a conflict between these Terms and a third party’s terms with respect to the Service, these Terms will control as between you and Pareto Alpha.

1.3 Suspension and Termination; Changes to the Service. We may, with or without prior notice, permanently terminate or temporarily suspend your access to the Service without liability and for any or no reason, including if you violate any provision of these Terms. We may, with or without prior notice, change or stop providing the Service, to you or to Users generally, or create usage limits for the Service, including by adding, removing, or changing the models, model versions, configurations, context lengths, rate limits, or other features available through the Service.

1.4 Organizational Use. An individual may access and/or use the Service on behalf of a company or other entity, such as that individual’s employer (such entity, an “Organization”). In such cases, notwithstanding anything to the contrary herein: (a) these Terms are an agreement between (i) us and such individual and (ii) us and that Organization; (b) “you,” as used in these Terms in the context of a license grant, assignment, restriction, obligation, acknowledgment, representation, warranty, or covenant, or in any similar context, means (i) such individual and (ii) the Organization, on behalf of the Organization and its subsidiaries and affiliates, and its and their respective directors, officers, employees, contractors, agents, and other representatives who access and/or use the Service (collectively, “Org Users”); and “your” has the corresponding meanings; (c) such individual represents and warrants to having the authority to bind that Organization to these Terms (and, in the absence of such authority, such individual may not access, nor use, the Service); (d) such individual’s acceptance of these Terms will bind that Organization to these Terms; (e) to the extent we have such information, we may disclose information regarding such individual and such individual’s access to and use of the Service to that Organization; (f) that Organization will make all Org Users aware of these Terms’ provisions, as applicable to such Org Users, and will cause each Org User to comply with such provisions; and (g) that Organization will be solely responsible and liable for all acts and omissions of the Org Users, and any act or omission by any Org User that would constitute a breach of these Terms had it been taken by that Organization will be deemed a breach of these Terms by that Organization.

1.5 Credential Security. Credentials used to access the Service through an Authorized Channel, such as API keys, are issued and managed by the Authorized Channel operator and governed by its terms. You are solely responsible for all activity that occurs under your credentials, and we will not be liable for any losses caused by their unauthorized use.

1.6 Communications. If you provide us with your email address (for example, by contacting us), we may use it to respond to you and to send you Service-related notices.

2. Access to the Service; Service Restrictions

2.1 Access to the Service. Subject to your compliance with these Terms and any documentation we may make available to you, you are hereby granted a non-exclusive, limited, non-transferable, and freely revocable right to access and use the Service for your lawful internal or commercial purposes, as expressly permitted by the features of the Service. We reserve all rights not expressly granted herein in and to the Service. Notwithstanding anything to the contrary, we do not guarantee you any particular level of access, availability, capacity, or throughput.

2.2 Restrictions. Except to the extent a restriction is prohibited by Applicable Law, you will not do, and will not enable any third party to do, any of the following:

(a) disassemble, reverse engineer, decode, or decompile any part of the Service, or attempt to identify, probe, fingerprint, or otherwise discover the hardware, infrastructure, systems, or operators used to provide the Service;

(b) use any automated or non-automated means to access the Service for “scraping” (except that public search engines may use spiders to create searchable indices of public materials, only as specified in the robots.txt file);

(c) use the Service in any manner that impacts the stability of the servers or the operation or performance of the Service or any User’s use of the Service;

(d) copy, rent, lease, sell, loan, transfer, assign, sublicense, resell, distribute, modify, alter, or create derivative works of any part of the Service or any of our intellectual property, or resell or provide access to the Service to any third party (for clarity, this Section 2.2(d) does not restrict your use of Output in accordance with these Terms);

(e) use the Service in any manner that (i) violates any Applicable Law, contractual obligation, or right of any person, (ii) is fraudulent, false, deceptive, or defamatory, (iii) promotes hatred, violence, or harm against any person or group, or (iv) otherwise may be harmful or objectionable to us or any other third party;

(f) use the Service to develop or offer a product or service that competes with the Service, or to extract, replicate, or reconstruct the systems, software, or configurations used to provide the Service;

(g) bypass or circumvent any rate limits, usage limits, or other measures we may use to prevent or restrict access to the Service;

(h) use the Service to transmit spam or other unsolicited communications;

(i) access the Service through any technology or means other than those provided by the Service or authorized by us;

(j) attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from, the servers running the Service;

(k) transmit invalid data, viruses, worms, or other software agents through the Service;

(l) collect or harvest any personal information from the Service; or

(m) refer to us or to the Service in a manner that could imply a relationship that involves endorsement, affiliation, or sponsorship between you (or a third party) and us without our consent.

2.3 Acceptable Use. Without limiting Section 2.2, you will not use the Service, or any Input or Output, to:

(a) generate, distribute, or facilitate child sexual abuse material or any content that sexualizes minors;

(b) develop, produce, acquire, or deploy biological, chemical, nuclear, or radiological weapons, explosives, or other weapons capable of causing mass casualties;

(c) create, deploy, or facilitate malware, ransomware, or other malicious code, or plan or carry out cyberattacks or unauthorized access to any system;

(d) promote, plan, or incite violent extremism, terrorism, or violence against any person or group;

(e) harass, threaten, stalk, bully, or intimidate any person, or conduct unlawful surveillance, tracking, or profiling of any person;

(f) engage in or facilitate fraud, scams, phishing, or other deceptive practices, including coordinated disinformation campaigns;

(g) impersonate any person or entity, or represent Output as human-generated where doing so would be deceptive or where disclosure is required by Applicable Law;

(h) make automated decisions that have legal or similarly significant effects on any individual (including decisions regarding employment, credit, housing, insurance, education, or access to essential services) without appropriate human review; or

(i) infringe, misappropriate, or violate the intellectual property, privacy, publicity, or other rights of any person.

3. Inputs and Outputs

3.1 Inputs. You retain all rights you have in the prompts, messages, files, data, and other content that you submit to the Service (“Inputs”). You grant Pareto Alpha a non-exclusive, worldwide, royalty-free license to use, copy, process, and transmit your Inputs solely as necessary to provide the Service to you and to comply with Applicable Law.

3.2 Outputs. You may receive output generated by the Service based on your Inputs (“Output”). You direct us to return Output to the Authorized Channel through which the corresponding request was received. As between you and us, and to the extent permitted by Applicable Law, you own all Output, and we hereby assign to you all of our right, title, and interest, if any, in and to Output. Due to the nature of machine learning, Output may not be unique, and other Users may receive similar output from the Service; your ownership does not extend to such other Users’ output. Use of the Service may also result in incorrect Output. You must evaluate the accuracy of any Output as appropriate for your use case, including by using human review of the Output. You agree that we shall not be liable for any damages you or any third party alleges to incur as a result of or relating to any Output or other content generated by or accessed on or through the Service.

3.3 Data Retention. We use Inputs, Output, and any other data, information, or content provided by or on behalf of you in connection with the Service only to perform the inference services requested through the Service and as necessary to comply with Applicable Law, except that we may measure and retain Usage Data in aggregated form as described in Section 4.2. We do not use Inputs or Output, or any other such data, information, or content, for model training, fine-tuning, evaluation, benchmarking, or product improvement, whether in raw, aggregated, or anonymized form, except as described in our Privacy Policy paretoalphainference.com/privacy. We do not log, store, or otherwise persist Inputs or Output, except that we may hold Inputs, Output, and associated key-value tensors in volatile memory for as long as needed to process a request and any related requests in the same session. We do not write Inputs or Output to persistent storage, logs, or backups in any form from which they could reasonably be reconstructed.

3.4 Your Representations. You affirm, represent, and warrant the following: (a) you have obtained, and are solely responsible for obtaining, all consents required by Applicable Law to provide your Inputs relating to third parties; (b) your Inputs and Output and our use thereof as contemplated by these Terms and the Service will not violate any Applicable Law or infringe any rights of any third party, including, but not limited to, any intellectual property rights, privacy rights, and confidentiality rights; (c) you will not submit to the Service, either directly or by other means, any personal information of children under 16 or the applicable age of digital consent; and (d) your Inputs do not include content in furtherance of harmful or illegal activities, malicious programs or code, any person’s personal information without such person’s consent, or other content prohibited by Section 2.3.

3.5 Responsibility for Inputs and Output. You are solely responsible for your Inputs and Output and for the consequences of submitting Inputs to, and using Output from, the Service. We do not control Inputs submitted by Users, and we are not responsible or liable for Inputs or for any loss or damage arising from Inputs or Output, except to the extent required by Applicable Law.

4. Intellectual Property

4.1 Our Intellectual Property. You understand and acknowledge that we (or our licensors, as applicable) own and will continue to own all rights (including intellectual property rights), title, and interest in and to the Service, all materials and content displayed or otherwise made available on and/or through the Service (excluding your Inputs and Output), including all software, algorithms, code, code snippets, sample code, documentation, technology, systems, and intellectual property underlying and/or included in or with the Service. Use of any intellectual property for any purpose not expressly permitted by these Terms is strictly prohibited.

4.2 Usage Data. We may collect aggregated, statistical information about the use and performance of the Service, such as distributions of request and response lengths, tool calls and turns per session, latency, throughput, and error rates, which is retained only in aggregated form and does not include the content of Inputs or Output, personal information, or any information from which an individual or request could be identified (collectively, “Usage Data”). All Usage Data is and will be owned solely and exclusively by us, and, to the extent any ownership rights in or to the Usage Data vest in you, you hereby assign to us all rights (including intellectual property rights), title, and interest in and to same. Accordingly, we may use, maintain, and/or process the Usage Data or any portion thereof for any lawful purpose, including, without limitation: (a) to provide and maintain the Service; (b) to improve our products and services (including the Service), and to develop new products, services, and/or features; (c) to monitor usage of the Service; (d) for research and analytics, including, without limitation, data analysis, identifying usage trends, and/or customer research; and (e) to share analytics and other derived Usage Data with third parties, solely in de-identified or aggregated form. The Service may contain technological measures designed to prevent unauthorized or illegal use of the Service; you understand and acknowledge that we may use these and other lawful measures to verify your compliance with these Terms and to enforce our rights, including intellectual property rights, in and to the Service.

4.3 Feedback. To the extent you provide us any suggestions, recommendations, or other feedback relating to the Service (collectively, “Feedback”), you hereby assign to us all rights (including intellectual property rights), title, and interest in and to the Feedback, without providing any attribution or compensation to you or to any third party.

5. Privacy; Data Security

5.1 Privacy. We care about your privacy. By using the Service, you acknowledge that we may collect, use, and disclose your personal information and aggregated and/or anonymized data as set forth in our Privacy Policy, available at paretoalphainference.com/privacy, subject to the restrictions in Section 3.3, and that your personal information may be transferred to, and/or processed in, the United States.

5.2 Security. We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or to use your data for improper purposes. You acknowledge that you provide your data at your own risk.

6. Your Use of Third-Party Services

The Service may contain links to, or be made available through, third-party sites, platforms, materials, and/or services (collectively, “Third-Party Services”) that are not owned or controlled by us, and certain functionalities of the Service may require your use of Third-Party Services, to which you are subject to and agree to the third party’s terms and conditions made available via its services. Certain AI models made available through the Service may be developed by third parties. We do not endorse or assume any responsibility for any Third-Party Services. If you access a Third-Party Service from the Service, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of any Third-Party Service. You expressly relieve us from any and all liability arising from your access to and/or use of any Third-Party Service.

7. Release

You hereby release us from all claims, damages (whether direct, indirect, incidental, consequential, or otherwise), obligations, losses, liabilities, costs, debts, and expenses, in each case of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including any other User) in connection with the Service. In addition, you waive any Applicable Law that says, in substance: “a general release does not extend to claims which the releasing party does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her, would have materially affected his or her settlement with the released party.”

8. Indemnity

You will defend, indemnify, and hold us and our subsidiaries and affiliates, and our and their respective agents, suppliers, licensors, employees, contractors, officers, directors, and managers (collectively, including Pareto Alpha, the “Pareto Alpha Indemnitees”) harmless from and against any and all claims, damages (whether direct, indirect, incidental, consequential, or otherwise), obligations, losses, liabilities, costs, debts, and expenses (including, but not limited to, legal fees) arising from: (a) your access to and/or use of the Service, including your use of Output; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including, without limitation, any privacy right or intellectual property right; (d) your violation of any Applicable Law; (e) your Inputs or any content submitted using the API keys or other access credentials associated with you; (f) your willful misconduct; (g) any third party’s access to and/or use of the Service with such API keys or other access credentials; or (h) any product, service, or application that you make available to others that uses or incorporates the Service or any Output, including any claim by your end users or customers.

9. No Reliance on Information Posted

The information presented on or through our websites and the Service, including any performance data, benchmarks, specifications, throughput, latency, context length, or other metrics relating to the Service (collectively, “Published Performance Data”), is made available solely for general information purposes. Published Performance Data may be based on extrapolations, projections, estimates, simulations, or limited testing data, and may represent expected or anticipated performance rather than actual measured results under all conditions. We do not warrant the accuracy, completeness, or usefulness of this information, and actual performance may vary materially from any Published Performance Data. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our websites or the Service, or by anyone who may be informed of any of its contents.

10. No Warranty; Disclaimers

The Service is provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, the Service, the intellectual property, any Output, any AI models made available through the Service, any Published Performance Data and any other information available on or through the Service are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and/or non-infringement. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NONE OF THE PARETO ALPHA INDEMNITEES WARRANTS THAT ANY OUTPUT, CONTENT, PUBLISHED PERFORMANCE DATA, OR ANY OTHER INFORMATION CONTAINED IN, OR AVAILABLE VIA, THE SERVICE IS ACCURATE, COMPREHENSIVE, RELIABLE, USEFUL, OR CORRECT; THAT PUBLISHED PERFORMANCE DATA WILL CORRESPOND TO ACTUAL PERFORMANCE UNDER YOUR SPECIFIC CONDITIONS; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS SO OBTAINED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM(S) OR MOBILE DEVICE(S) AND/OR FOR LOSS OF DATA THAT RESULTS FROM SAME OR FROM YOUR ACCESS TO AND/OR USE OF THE SERVICE. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY APPLICABLE LAW.

Further, we do not warrant, endorse, guarantee, recommend, or assume responsibility for any product or service advertised or offered by any third party through the Service or any hyperlinked website or service, and we will not be a party to, or in any way monitor, any transaction between you and third-party providers of products or services.

11. Limitation of Liability

Except for liability arising from our gross negligence, willful misconduct, fraud, or indemnification obligations, to the maximum extent permitted by applicable law, in no event will any Pareto Alpha Indemnitee be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, or data, or other intangible losses, arising out of or relating to the use of, or inability to use, the Service or any portion thereof. Under no circumstances will we be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access to or use of the Service or the API keys or other access credentials associated with you, or the information contained therein. In no event will any Pareto Alpha Indemnitee be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount you paid for the Service or one hundred U.S. Dollars ($100.00), whichever is greater. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR OUTPUT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS RUNNING THE SERVICE AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (G) YOUR DATA, ANY INPUTS, OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law.

12. Governing Law, Arbitration, and Class Action/Jury Trial Waiver

12.1 Governing Law. These Terms will be governed by the laws of the State of California, without respect to its conflict of laws principles. Notwithstanding the preceding sentences with respect to the substantive law governing these Terms, the Federal Arbitration Act (9 U.S.C. §§ 1-16) (as it may be amended, “FAA”) governs the interpretation and enforcement of the Arbitration Agreement below and preempts all state laws (and laws of other jurisdictions) to the fullest extent permitted by Applicable Law. If the FAA is found to not apply to any issue that arises from or relates to the Arbitration Agreement, then that issue will be resolved under and governed by the law of the U.S. state where you live (if applicable) or the jurisdiction mutually agreed upon in writing by you and us. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our data security or intellectual property rights, as set forth in the Arbitration Agreement below, including any provisional relief required to prevent irreparable harm. You agree that California is the proper and exclusive forum for any appeals of an arbitration award, or for trial court proceedings in the event that the Arbitration Agreement below is found to be unenforceable.

12.2 Arbitration Agreement

(a) General. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. This Arbitration Agreement applies to and governs any dispute, controversy, or claim between you and us that arises out of or relates to, directly or indirectly: (i) these Terms; (ii) access to or use of the Service, including receipt of any advertising or marketing communications; (iii) any transactions through, by, or using the Service; or (iv) any other aspect of your relationship or transactions with us as a User or consumer (each, a “Claim,” and, collectively, “Claims”). This Arbitration Agreement will apply, without limitation, to all Claims that arose or were asserted before or after your consent to these Terms.

(b) Opting Out of Arbitration Agreement. If you are a new User, you can reject and opt out of this Arbitration Agreement within thirty (30) days of first accessing the Service by emailing us at legal@paretoalphainference.com with your full, legal name and stating your intent to opt out of this Arbitration Agreement. Opting out of this Arbitration Agreement does not affect the binding nature of any other part of these Terms, including the provisions regarding controlling law or the courts in which any disputes must be brought.

(c) Dispute-Resolution Process. For any Claim, you will first contact us at legal@paretoalphainference.com and attempt to resolve the Claim with us informally. In the unlikely event that we have not been able to resolve a Claim after sixty (60) days, we each agree to resolve such Claim exclusively through binding arbitration by JAMS before a single arbitrator (the “Arbitrator”), under the Optional Expedited Arbitration Procedures then in effect for JAMS (the “Rules”), except as provided herein. JAMS may be contacted at www.jamsadr.com, where the Rules are available. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement will control. The arbitration will be conducted in the U.S. county where you live (if applicable) or Kent County, Delaware, unless you and we agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing and administrative fees and Arbitrator fees in accordance with the Rules, and the award rendered by the Arbitrator will include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the Arbitrator may include your costs of arbitration, your reasonable attorneys’ fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this would not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction. You and we agree that the Arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any disputes relating to the scope, interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator will also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are, or whether any provision of these Terms is, unconscionable or illusory, and any defense to arbitration, including waiver, delay, laches, unconscionability, and/or estoppel.

(d) Equitable Relief. NOTHING IN THIS ARBITRATION AGREEMENT WILL BE DEEMED AS: PREVENTING US FROM SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM THE COURTS AS NECESSARY TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF OUR DATA SECURITY OR INTELLECTUAL PROPERTY RIGHTS; OR PREVENTING YOU FROM ASSERTING CLAIMS IN A SMALL CLAIMS COURT, PROVIDED THAT YOUR CLAIMS QUALIFY AND SO LONG AS THE MATTER REMAINS IN SUCH COURT AND ADVANCES ON ONLY AN INDIVIDUAL (NON-CLASS, NON-COLLECTIVE, AND NON-REPRESENTATIVE) BASIS.

(e) Severability. If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, will be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, will have no impact on the remaining provisions of this Arbitration Agreement, which will remain in force, or on the parties’ ability to compel arbitration of any remaining Claims on an individual basis pursuant to this Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver below is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement will be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief will be stayed pending the outcome of any individual claims in arbitration.

12.3 Class Action/Jury Trial Waiver. BY ENTERING INTO THESE TERMS, YOU AND PARETO ALPHA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER. THE FOREGOING APPLIES TO ALL USERS (BOTH NATURAL PERSONS AND ENTITIES), REGARDLESS OF WHETHER YOU HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES. THIS CLASS ACTION/JURY TRIAL WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S OR ENTITY’S CLAIMS. YOU AND PARETO ALPHA AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER USERS.

13. Export Controls

You understand and acknowledge that the Service may be subject to export control laws and regulations. You will comply with all applicable import and export and re-export control and trade and economic sanctions laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations maintained by the U.S. State Department. You represent and warrant that you are not, and that no person to whom you make the Service available or that is acting on your behalf, or, if you are an Organization, that no person or entity owning 50% or more of your equity securities or other equivalent voting interests, is (a) listed on the List of Specially Designated Nationals and Blocked Persons or on any other list of sanctioned, prohibited, or restricted parties administered by OFAC or by any other governmental entity, or (b) located in, a national or resident of, or a segment of the government of, any country or territory for which the United States maintains trade or economic sanctions or embargoes or that has been designated by the U.S. Government as a “terrorist supporting” region.

14. General Provisions

14.1 Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior express written consent, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof will be null and void.

14.2 Notification Procedures and Changes to these Terms. We may provide notifications to you via email notice or through posting of such notice on the Service, as we determine in our sole discretion. We may modify or update these Terms from time to time, and you should review this page periodically. These Terms apply to and govern your access to and use of the Service effective as of the start of your access to the Service, even if such access began before publication of these Terms. Your continued use of the Service after any change to these Terms constitutes your acceptance of the new Terms. If you do not agree to any part of these Terms or to any future Terms, do not access or use (or continue to access or use) the Service.

14.3 Entire Agreement; Severability. These Terms, together with any amendments and any additional agreements you may enter into with us in connection with the Service, will constitute the entire agreement between you and us concerning the Service. Except as otherwise stated in the Arbitration Agreement, if any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect.

14.4 No Waiver. No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or of any other term, and our failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.

14.5 California Residents. The provider of the Service is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting it in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

14.6 Contact Us. If you have any questions about these Terms or the Service, please contact us at legal@paretoalphainference.com.