Terms Of Use

Last revised on September 30th, 2026

Overview

Welcome to the website of Neurosnap Inc., a Delaware corporation (“Neurosnap”). Neurosnap is sometimes referred to herein as “we”, “us”, “our”, “Neurosnap” or “Company”. These Terms of Use (these “Terms”) govern your use of neurosnap.ai and other Internet sites on which these Terms are posted and/or any of Neurosnap’s web products (including any web applications that you may access or launch through our website or any other Neurosnap products), and any Neurosnap software, which are copyrighted works belonging to Neurosnap, and products and services we provide through them (collectively, the website, web applications, software and other products and services accessed through the website and software, referred to as our “Site” or “Services”). “You” refers to you as a user of the Site. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

“Privacy Policy” refers to our detailed explanation of how we collect, use, store, and disclose your personal data and information, and your rights and choices regarding such information. Our Privacy Policy is available at neurosnap.ai/privacy, and it is incorporated herein by reference as part of these Terms.

THESE TERMS SET FORTH THE LEGALLY BINDING TERMS THAT GOVERN YOUR USE, AND/OR VISITATION, OF THE SITE. BY ACCESSING OR USING THE SITE OR OTHERWISE INDICATING YOUR ACCEPTANCE (OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS WHEN THIS OPTION IS MADE AVAILABLE TO YOU) YOU ARE ACCEPTING THESE TERMS AND OUR PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU (1) HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND (2) YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) (3) YOU AFFIRM THAT YOU ARE OVER THE AGE OF 18, AS THE SITE IS NOT INTENDED FOR CHILDREN UNDER 18.

THESE TERMS REQUIRE THE USE OF ARBITRATION (SEE BELOW IN THE “DISPUTE RESOLUTION: SECTION) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT AS DESCRIBED IN THE “DISPUTE RESOLUTION” SECTION BELOW: (1) YOU MAY PURSUE CLAIMS AND SEEK RELIEF AGAINST US ONLY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

We may modify these Terms at any time by updating this posting and providing you with notice of the updates. All changes are effective immediately following notification, and apply to all access to and use of the Site thereafter. Continued use of our Site following such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. You are bound by any such modifications and therefore you are expected to visit this page periodically to review these Terms from time to time so you are aware of any changes.

1. Use of Content

The content contained on Site, such as text, graphics, data and other material, as well as the domain names, tagline, organization and user look and feel (collectively, the “Content”), is protected by copyright, trademark and other such laws in the United States and foreign countries. It is owned or controlled by Neurosnap or by third parties that have licensed their Content to Neurosnap. By using the Site, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Neurosnap. The Company name, the term of Neurosnap, the Company logo, and all related names, terms, logos, product and service names, designs, and slogans are trademarks of Neurosnap or its affiliates or licensors. You must not use such marks without the prior written permission of Neurosnap. There are no implied licenses granted under these Terms unless expressly stated in these Terms. Unauthorized use of the Content may violate copyright, trademark, and other laws. Where the Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that (a) you retain all copyright and other proprietary notices contained in the original Content, (b) you may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the prior written permission of Neurosnap, and (c) you may not use the Content in a manner that suggests an association with any of our products, services or brands.

You may not, without the prior written permission of Neurosnap, "mirror" on any other server any material contained on the Site. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited, without the express written permission of Neurosnap. The trademarks, logos and service marks (the “Marks”) displayed on the Site are owned by Neurosnap or third parties. You are prohibited from use of those Marks without the express, written permission of Neurosnap or such third party.

Use Restrictions and Disclaimer of Warranties

You may not attempt to access, reverse engineer, or interfere with any part of the Site, Services, or underlying software, including APIs, models, or server infrastructure. Neurosnap provides the Site and Services on an “as-is” and “as-available” basis, without warranties of any kind, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

2. Accounts

Some features, products, or services on the Site may require you to create an account to access or secure additional benefits.

By creating an account, you agree to provide and maintain accurate, current, and complete information about yourself as prompted during the registration process (“Registration Data”).

You represent and warrant the following:

1. All registration information you submit is truthful, accurate, current, and complete.
2. You will keep this information up to date.
3. All information you provide, including through interactive features on the Site, is subject to our Privacy Policy, and you consent to all actions we take with respect to your information as described in that policy.

You must not impersonate anyone else or misrepresent your identity, affiliation, or credentials. This includes using another person’s username, password, or any identifying information such as their name, image, voice, or likeness.

You are responsible for keeping your account credentials (including username and password) confidential, and for all activity that occurs under your account. If you believe your account has been compromised or accessed without authorization, you must notify us promptly at hello@neurosnap.ai. Neurosnap is not liable for any loss or damage resulting from your failure to safeguard your account information.

You may delete your account at any time by following the instructions on the Site.

Neurosnap may suspend or terminate your account, or restrict your access to the Site or parts of it, if you fail to comply with these Terms or with any additional terms specific to certain services.

3. Subscriptions

Some products, services or Content on the Site may be available only with paid subscriptions. You will be billed in advance on a recurring and periodic and/or purchase basis depending on the type of subscription you select when purchasing.

At the end of each period and/or subscription, your subscription will automatically renew under the exact same conditions unless you modify or cancel it, Neurosnap cancels it, or if the subscription was explicitly set to be non-renewable and terminate on a specified date. You may cancel your subscription renewal utilizing the billing management features within the web application. You will not receive a refund for the fees you already paid for your current subscription, and you will be able to access the Site through your account until the end of your current subscription. Certain refund requests for subscription may be considered by Neurosnap on a case-by-case basis and granted at the sole discretion of Neurosnap.

You shall provide Neurosnap with accurate and complete billing information including full name, address, state, zip/postal code, telephone number, and valid payment method information. Should automatic billing fail to occur for any reason, Neurosnap will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Neurosnap, in its sole discretion and at any time, may modify the subscription fees. Any subscription fee change will become effective at the end of the then-current subscription term. Neurosnap will provide you with reasonable prior notice of any change in subscription fees to give you an opportunity to terminate your subscription before such change becomes effective. Your continued use of the Site after the subscription fee change comes into effect constitutes your agreement to pay the modified subscription fee amount.

Any promotions made available through the Site may be governed by rules that are separate from these Terms. If you participate in any promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a promotion conflict with these Terms, the promotion rules will apply.

4. User Content, Data, and Confidentiality

“User Content” or “Your Content” means any text, models, information, communication, data, or material that you upload, import into, embed for use by, or create using the Services and Software.

Ownership and Scope

As between you and Neurosnap, you (whether as a Business User or Personal User) retain all rights and ownership of Your Content. Neurosnap does not claim ownership of Your Content, and you warrant that its use on or through the Site does not violate the rights of any third party.

For clarity:

• A “job” refers to any computational task submitted by a user through the Neurosnap platform, including but not limited to structure prediction, annotation, analysis, or design.
• A “job output” includes any data, visualizations, predicted protein structures, computed metrics, and related results generated by the Software in response to that submission.
• “Pipelines data” refers to workflow configurations, node settings, and other job-linked metadata.

Collectively, job data (including inputs and outputs), pipelines data, chat content, and similar materials constitute your Confidential Information. Neurosnap treats this information as confidential and discloses it only as needed to provide the Services through providers acting on our behalf, when you direct or authorize a feature to access or transmit it as described below and in our Privacy Policy, or as required by law or court order.

Use and Protection of Confidential Information

Neurosnap will only process your Confidential Information to operate and deliver the Services on your behalf. This includes reproducing, transmitting, and temporarily storing data as needed for technical functionality, caching, redundancy, and performance optimization.

Neurosnap does not:

• Use your data or outputs to train models, improve algorithms, or develop new services without your explicit consent.
• Grant any sublicense broader than the rights you provide.
• Publicly display your Content or allow third parties to improve their products using your data.
  

We require employees, contractors, and providers acting on our behalf who may access your Confidential Information to protect it under applicable confidentiality and data protection obligations. Independent websites, databases, and MCP clients that you choose to use are governed by their own terms and practices, as explained below.

Limited Operational License

Solely for the purpose of operating the Services and Software on your behalf, you grant Neurosnap a non-exclusive, worldwide, royalty-free license to:

• Reproduce your Content as necessary to enable uploads, copies across servers, caching, and disaster recovery.
• Distribute your Content only under your direction, such as to authorized collaborators.
• Sublicense these rights to trusted infrastructure or service providers acting on our behalf, subject to the same confidentiality restrictions.

Academic and Commercial Use

• Academic Use & Attribution: If any results or outputs derived from Neurosnap are used in academic, scientific, or public-facing works—including manuscripts, publications, or presentations—you must provide appropriate citation to Neurosnap. Citation guidelines are available on our website or by request.
• Commercial Use Restrictions: Job outputs or derivatives may only be used for commercial purposes (including internal research at for-profit entities) if the job was executed during an active Professional or Enterprise subscription or within 30 days prior to such a subscription. All other commercial uses require Neurosnap’s prior written consent.

Due to the nature of the Services, it is possible that different users submit similar data and obtain similar job outputs.

Optional AI Agent and MCP Features

Neurosnap Agent and access through the Neurosnap Model Context Protocol (“MCP”) are optional features. You can use the core Neurosnap platform, including its ordinary job and analysis features, without using Neurosnap Agent or connecting a third-party MCP client.

If you choose to use Neurosnap Agent, Neurosnap sends the prompts, conversation context, files, and Neurosnap information needed for your request to OpenAI for AI processing and agent execution. The Agent may use authorized Neurosnap tools and may query public or third-party databases and services. When external network access is enabled, a query may send relevant portions of your prompts, files, or results to those services. A restricted network setting limits the Agent’s sandbox to specified hostnames; it does not prevent processing by OpenAI or access through Neurosnap tools, and it does not restrict every resource available on a shared hostname. External services may handle data under their own terms and privacy policies.

You may also connect the Neurosnap MCP server to a client, model, or service of your choosing. That client may receive Neurosnap tool descriptions, request arguments, and data returned by the tools, including job information and files you authorize it to access. Neurosnap does not choose or control a third-party client’s model provider, retention practices, or subsequent disclosures. You are responsible for selecting and configuring your client, protecting your credentials, and reviewing requests and actions made through your authenticated access. MCP-connected clients may submit jobs or make other changes that use credits when permitted by your account and the applicable tool.

Agent responses, analyses, generated files, and MCP-assisted outputs are produced using automated systems and may be incomplete, inaccurate, outdated, or unsuitable for your purpose. They are not a substitute for independent scientific review or professional medical, clinical, regulatory, or safety advice. You are responsible for reviewing and validating outputs before relying on them and, to the extent permitted by law, for decisions, actions, and consequences arising from your use of them. The disclaimers and limitations in Section 7 also apply to these optional features.

5. Sharing Your Content

Some Services and Software may provide features that allow you to share Your content with other users or to make it public. “Share” means to make available (whether to us, other users, or a third party) through your use of the Services and Software. Sharing is off by default unless you choose a shared feature, such as a team conversation. Other users may use, copy, modify, or re-share Your Content in many ways when shared. Please carefully consider what you choose to Share or make public as you are responsible for the Content that you Share. Sharing can be disabled where the relevant feature permits it.

Personal Agent conversations are available to their creator. If you choose a team Agent conversation, its messages, files, and results are available to members of that team under the platform’s team access rules. Team membership may change over time. Team credits may pay for Agent use by team members even when a conversation is personal.

Level of Access.

We do not monitor or control what others do with Your Content. You are responsible for determining the limitations that are placed on Your Content and for applying the appropriate level of access to Your Content. If you do not choose the access level to apply to Your Content, the system may default to its most permissive setting. It is your responsibility to let other users know how Your Content may be Shared and to adjust the setting related to accessing or Sharing Your Content.

Removing Your Content.

If you delete Your Content from the Services and Software or cancel your account, we will stop making that Content publicly available within a reasonable amount of time. Some copies of Your Content may be retained for a period of time as part of our routine backups, and we are not responsible for any use of Your Content that you have Shared or made public.

6. Content Restrictions

Neurosnap is not responsible for the content of the Site's users. You expressly understand and agree that you are solely responsible for the Content and for all activity that occurs under your account, whether done so by you or any third person using your account.

You may not generate or transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, or otherwise objectionable.

Examples of such objectionable Content include, but are not limited to, the following:

• Unlawful or promoting unlawful activity.
• Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
• Restricted verticals such as substance/drugs use, adult services, etc.
• Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
• Violating the privacy of any third person.
• False information and features.
• Content intended to support the creation, development, or deployment of biological weapons, chemical weapons, or any agents designed to cause harm to humans, animals, or the environment. This includes any activity related to pathogens, toxins, or biological materials deemed to be illegal under U.S. law or international treaties.

Neurosnap reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content or use of app is appropriate and complies with these Terms, refuse or remove this Content. Neurosnap further reserves the right to make formatting and edits and change the manner of any Content. Neurosnap can also limit or revoke the use of the Site if you post such objectionable Content. As Neurosnap cannot control all content posted by users and/or third parties on the Site, you agree to use the Site at your own risk. You understand that by using the Site you may be exposed to content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will Neurosnap be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

You are responsible for all of your activity in connection with the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Site. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Site. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Site. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Site.

7. Neurosnap’s Liability

Neurosnap makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using the Site and the Content. Any use of the Site and the Content is at your own risk. Changes are periodically made to Site and may be made at any time. Neurosnap further reserves the right to modify, suspend, or discontinue any service on or feature of the Site (including any changes to or removal of Content) at any time with or without notice to you, and Neurosnap shall not be liable to you or to any third party should it exercise such rights. Some Content on the Site may be provided by third parties, and Neurosnap will not be held responsible for any such Content provided by third parties.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

NEUROSNAP DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE OR THE RELATED SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR LOSS OF PROFITS OR DATA, NEUROSNAP WILL NOT BE RESPONSIBLE FOR THOSE COSTS. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR, OR ANY END USER’S, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY PRODUCTS, SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY PRODUCTS, SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER NEUROSNAP NOR ANY PERSON ASSOCIATED WITH NEUROSNAP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE, OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE. TO THE FULLEST EXTENT PROVIDED BY LAW, NEUROSNAP HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER NEUROSNAP NOR ANYONE ASSOCIATED WITH NEUROSNAP REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY PRODUCTS, SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

NEUROSNAP SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION OR DATA SUBMITTED BY YOU TO A NEUROSNAP SITE IN CONNECTION WITH ANY SERVICE ON OR FEATURE OF THE SITE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION OR DATA IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE NEUROSNAP FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

NEUROSNAP IS NOT RESPONSIBLE FOR ANY DATA CHARGES YOU MAY INCUR IN CONNECTION WITH YOUR USE OF ANY SERVICE ON OR FEATURE OF THE SITE.

Disclaimer of Certain Damages and Limitation on Liability

Your use of the Site is at your own risk. If you are dissatisfied with any of the Content, other contents, any service on, or feature of the Site or with these Terms, your sole remedy is to discontinue use of the Site. IN NO EVENT WILL NEUROSNAP OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NEUROSNAP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME COUNTRIES, STATES, OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY GROSS NEGLIGENCE, PERSONAL INJURY OR DEATH, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE NEUROSNAP’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT SUCH EXCLUSION OR LIMITATION IS ALLOWABLE UNDER THE APPLICABLE LAW. In no event shall Neurosnap’s total liability for all losses and damages, including for any implied warranties, exceed the greater of fifty U.S. dollars (US $50.00) or the total amount you paid Neurosnap to use any product of, service on, or feature of the Site in the twelve months prior to the date of an initial claim made against Neurosnap.

8. Links to Other Sites

The Site may contain links to third-party websites that are maintained by others. Any such links are provided solely as a convenience to you and not as an endorsement by Neurosnap of the contents on such third-party websites. Neurosnap is not responsible for the content of linked third-party sites and does not make any representations or warranties regarding the content or accuracy of materials on such third-party websites or the privacy practices of such third parties. If you decide to access linked third-party websites, you do so at your own risk.

9. Third-party Applications

On the Site, you might have an opportunity to download applications and utilize or benefit from open-source codes or visualization libraries that were developed by third parties. Neurosnap is not responsible for and makes no representations or warranties regarding the content or functionality of these third-party applications, open-source codes, visualization libraries or the privacy practices of such third-party developers. If you decide to download and use any of these third-party applications, open-source codes or visualization libraries, then you do so at your own risk.

10. Release

You hereby release and forever discharge Neurosnap (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any third-party websites, links and ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR 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 MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

11. Indemnity

By using the Site, you agree, to the extent permitted by law, to defend, indemnify and hold Neurosnap (and its officers, directors, employees, and agents) harmless, including costs, accounting and attorneys’ fees, from any claim, action or demand made by any third party due to or alleging from or arising out of the following:

• Your use of the Site.
• Your violation of these Terms.
• Your violation of applicable laws or regulations.
• Your violation of any rights of a third party.

Neurosnap reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Neurosnap. Neurosnap will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

12. Export Control

The United States and certain other countries control the export of products and information. You agree to comply with such restrictions and not to export or re-export the Content to countries or persons prohibited under export control laws. By downloading the Content, you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department's Table of Denial Orders or the U.S. Treasury Department's list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Content.

13. Copyright Policy

Neurosnap respects the intellectual property rights of others. It is Neurosnap’s policy, at its discretion and when appropriate, to terminate the accounts of users who may infringe or repeatedly infringe the copyrights of third parties.

To submit a copyright infringement notification to Neurosnap relating to the Site, including but not limited to user submissions or Content, please submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) or, as applicable, other laws, by providing the following information in writing:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the requirements of the preceding paragraph, your notification may not be valid. Please see 17 U.S.C. § 512 for more information regarding the DMCA and DMCA notifications.

Our agent to receive notification of claimed copyright infringement can be reached by email via hello@neurosnap.ai.

14. Dispute Resolution

PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY. IT IS PART OF YOUR CONTRACT WITH NEUROSNAP AND AFFECTS YOUR RIGHTS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Applicability of Arbitration Agreement.

All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by Neurosnap that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this arbitration agreement (this “Arbitration Agreement”). Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and Neurosnap, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

Notice Requirement and Informal Dispute Resolution.

Before either party may seek arbitration, the party must first send to the other party a written notice of dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Neurosnap should be sent by email to hello@neurosnap.ai.

After the Notice is received, you and Neurosnap may attempt to resolve the claim or dispute informally. If you and Neurosnap do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

Arbitration Rules.

Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in the State of Delaware, unless the parties agree otherwise. If you reside outside of Delaware, the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

Additional Rules for Non-Appearance Based Arbitration.

If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

Time Limits.

If you or Neurosnap pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

Authority of Arbitrator.

If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Neurosnap, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Neurosnap.

Waiver of Jury Trial.

THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and

Neurosnap in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND NEUROSNAP WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions.

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

Confidentiality.

All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability.

If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

Right to Waive.

Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement, including the rights set forth in this Arbitration Agreement as they apply to the party asserting the claim.

Survival of Agreement.

This Arbitration Agreement will survive the termination of your relationship with Neurosnap.

Small Claims Court.

Instead of sending a Notice of Dispute, either you or Neurosnap may sue the other party in small claims court seeking only individualized relief, so long as the action meets the small claims court’s requirements and remains an individual action seeking individualized relief. The small claims court must be in your county of residence (or, if a business, your principal place of business).

Emergency Equitable Relief.

Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

Claims Not Subject to Arbitration.

Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

Governing Law and Jurisdiction.

All legal issues arising from or related to your use of the Site and these Terms shall be construed in accordance with and governed by the laws of the State of Delaware applicable to contracts entered into and performed within the State of Delaware. Solely in the event that the foregoing Arbitration Agreement permits the parties to litigate in court (a) the parties hereby agree that all matters relating to the Site and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) and (b) any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Venue and Forum Waiver.

To the fullest extent permitted by law, you hereby waive any objection which you may now or hereafter have to an inconvenient venue and/or forum by way of arbitral proceeding in the state of Delaware. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Site from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute, claim, or cause of action arising from these Terms or your use of the Site shall be governed by the applicable law set forth above, without regard to any conflict of law provisions, and you hereby irrevocably submit to the jurisdiction of the courts located in the state, province or country identified below whose law governs.

Specifically excluded from application to these Terms is the United Nations Convention on Contracts for the International Sale of Goods.

15. General

These Terms, and our Privacy Policy, constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Neurosnap is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Neurosnap’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Neurosnap may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

If you are under the age of majority in your country of residence, you should review these Terms with a parent or guardian to ensure that you and parent or legal guardian understand these Terms.