TERMS OF SERVICE

1. Agreement to Terms

By using our Services, you agree to be bound by these Terms. If you disagree with being bound by these Terms, do not use the Services. Suppose you are accessing and using the Services for a company (such as your employer) or other legal entity. In that case, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, "you" and "your" will refer to that entity.

2. Privacy policy

Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use, and share your information.

3. Changes to these Terms or the Services

We may update these Terms from time to time. If we make changes, we'll let you know by posting the revised Terms on the Site and (or) may also send other communications. It's important that you review the Terms whenever we update them, or you use the Services. If you continue to use the Services after we have posted revised Terms, you accept and agree to the changes. If you disagree with being bound by the changes, you may not use the Services anymore. Because our Services are evolving, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

4. Who May Use the Services?

You may use the Services only if you are 18 years or older, capable of forming a binding contract with Publi, and not otherwise barred from using the Services under applicable law. For specific features of the Services, you will need an account. It is important to provide us with accurate, complete, and current account information and keep it up to date. We might have to suspend or terminate your account if you don't. Keep the account details and password confidential to protect your account, and notify us immediately of any unauthorized use. You are responsible for all activities that occur under your account.

5. Feedback

We appreciate Feedback, comments, ideas, proposals, and suggestions for improvements to the Services ("Feedback"). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation.

6. Subscriptions

a. General

When you purchase a subscription for the Services ("Subscription"), you expressly authorize us (or our third-party payment processor) to charge you for such Subscription. We may ask you to supply additional information relevant to your Subscription, including your credit card number, the expiration date of your credit card, and your email and postal addresses for billing and notification (such information, "Payment Information"). You represent and warrant that you have the legal right to use all payment method(s) designated by any such Payment Information. When you initiate a Subscription, you authorize us to provide your Payment Information to third parties so we can complete the transaction related to your Subscription and charge your payment method for the type of Subscription you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Subscription (such information is included within the definition of Payment Information). By initiating a Subscription, you agree to the pricing, payment, and billing policies applicable to such charges as posted or otherwise communicated to you. All payments for Subscriptions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.

b. Subscriptions

If you purchase a Subscription, you will be charged the annual Subscription fee, plus any applicable taxes and other charges ("Subscription Fee"), at the beginning of your Subscription and each year after that, at the then-current Subscription Fee. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE PUBLI TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you each year on the anniversary of the commencement of your Subscription, using the Payment Information you have provided until you cancel your Subscription. At least thirty (30) days and at most sixty (60) days before your Subscription term ends, or otherwise, under applicable law, Publi will send you a reminder with the then-current Subscription Fee. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features. You accept responsibility for all recurring payment obligations before the cancellation of your Subscription by you or Publi. Your Subscription continues until canceled by you, or we terminate your access to or use of the Services or Subscription per these Terms.

c. Cancelling Your Subscription

You may cancel your Subscription for a full refund within ten (10) calendar days of your initial purchase. AFTER THAT, YOUR PURCHASE IS FINAL, AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR SUBSCRIPTION FEE AT ANY TIME. But if something unexpected happens in the course of completing a transaction, we reserve the right to cancel your transaction for any reason; if we cancel your transaction, we will refund any payment you have already remitted to us for such transaction. Without limiting the preceding, you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. EXCEPT AS SET FORTH ABOVE CONCERNING YOUR INITIAL SUBSCRIPTION PURCHASE, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. To cancel, you can send an email to cancel@publi.so. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the end of your then-current Subscription period and terminate without further charges.

d. Free Trials

We may offer certain qualifying users paid Subscriptions on a free trial basis ("Free Trial") for a specified period. If we provide you with a Free Trial, the specific terms of your Free Trial will be provided at signup. Your use of the Free Trial is subject to your compliance with such specific terms. Certain limitations may exist concerning combining Free Trials with any other offers. Except as may otherwise be provided in the terms of the Free Trial offer, Free Trials are only available to users who have not previously held a paid Subscription. When you agree to a Free Trial, you also agree to sign up for a paid Subscription as described above, and, consequently, unless you cancel your Subscription before the end of your Free Trial, we (or our third-party payment processor) will begin charging your payment method on a recurring annual basis for the applicable annual fee (plus any applicable taxes and other charges) at the end of the Free Trial until you cancel your Subscription. If you wish to avoid charges to your Payment Information, you must cancel your Subscription before midnight Eastern Time on the last day of your Free Trial period. Instructions for canceling your Subscription are stated in the section above titled "Canceling Your Subscription."

7. Your Content

a. Posting Content

Our Services may allow you to store or share Content such as text (in posts or communications with others), files, documents, graphics, images, music, software, audio, and video. Anything (other than Feedback) you post or otherwise make available through the Services is called "User Content." Publi does not claim any ownership rights in any User Content, and nothing in these Terms will be deemed to restrict any rights you may have to your User Content.

b. Permissions to Your User Content

By making any User Content available through the Services, you, as a result of this grant to Publi, its licensors, and their affiliates, a non-exclusive, transferable, perpetual, irrevocable, worldwide, royalty-free, fully paid-up license, with the right to sublicense, to host, store and copy your User Content.

c. Your Responsibility for User Content

You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights necessary to grant us the license rights in your User Content under these Terms.

15. Limitation of Liability

• (a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PUBLI NOR ITS LICENSORS OR SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PUBLI OR ITS LICENSORS OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
• (b) TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL PUBLI'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO PUBLI FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO PUBLI, AS APPLICABLE.
• (c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PUBLI AND YOU.

Governing Law and Forum Choice

These Terms and any action related to them will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly outlined in Section 16, "Dispute Resolution," the exclusive jurisdiction for all Disputes (defined below) that you and Publi are not required to arbitrate will be the state and federal courts located in Ventura County, and you and Publi each waive any objection to jurisdiction and venue in such courts.

16. Dispute Resolution

• (a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services (collectively, "Disputes") will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Publi agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms. You and Publi are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
• (b) Exceptions. As limited exceptions to Section 16(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies, and (ii) we each retain the right to seek injunctive or other equitable Relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
• (c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form of Demand for Arbitration at www.adr.org. Any arbitration hearings will occur in the county (or parish) where you live unless we agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to this arbitration agreement's interpretation, applicability, enforceability, and scope.
• (d) Arbitration Costs. The AAA Rules will govern the payment of all filing, administration, and arbitrator fees. We won't seek to recover the administration and arbitrator fees we are responsible for paying unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration, we'll pay all our attorneys' fees and costs and won't seek to recover them from you. If you prevail in arbitration, you will be entitled to an award of attorneys' fees and expenses to the extent provided under applicable law.
• (e) Injunctive and Declaratory Relief. Except as provided in Section 16(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive Relief only in favor of the individual party seeking Relief and only to the extent necessary to provide Relief warranted by that party's claim. To the extent that you or we prevail on a claim and seek public injunctive Relief (that is, injunctive Relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such Relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive Relief shall stay pending the outcome of the merits of any individual claims in arbitration.
• (f) Class Action Waiver. YOU AND PUBLI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, suppose the parties' Dispute is resolved through arbitration. In that case, the arbitrator may not consolidate another person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
• (g) Severability. Except for any of the provisions in Section 16(f) of these Terms ("Class Action Waiver"), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

17. General Terms

• (a) Reservation of Rights. Publi and its licensors exclusively own all rights, titles, and interests in and to the Services, including all associated intellectual property rights. Notwithstanding the preceding, Publi's licensor, OpenAI LLC, exclusively owns all rights, titles, and interests in and to Generated Content. Publi claims no ownership of Generated Content. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services.
• (b) Entire Agreement. These Terms constitute the entire and exclusive understanding and Agreement between Publi and you regarding the Services. These Terms supersede and replace all prior oral or written understandings or agreements between Publi and you regarding the Services. Suppose any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction. That provision will be enforced to the maximum extent permissible in that case, and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Publi's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null. Publi may freely assign or transfer these Terms without restriction. Subject to the preceding, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
• (c) Notices. Any notices or other communications provided by Publi under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
• (d) Waiver of Rights. Publi's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Publi. Except as expressly outlined in these Terms, the exercise by either party of any of its remedies will be without prejudice to its other remedies under these Terms or otherwise.