Please read these Terms of Use carefully. They describe your rights and responsibilities and form a legally binding agreement between you and Excelsa Labs, Inc., dba Scrunch AI (“Scrunch AI,” “we,” or “us”) regarding your use of Scrunch AI’s websites, software applications, and services (collectively, the “Services”).
These Terms of Use apply to all users, including commercial users, unless you have a separate written agreement with Scrunch AI (such as a Master Services Agreement or Enterprise Agreement). If there’s a conflict between these Terms and your separate agreement, the separate agreement governs.
Important: These Terms include a binding arbitration provision in Section 5 requiring arbitration of disputes on an individual basis and a waiver of jury trials and class actions. If you do not accept these Terms, do not access or use the Site or Services. Your use of the Services also indicates your agreement to our Privacy Policy and other policies or notices posted on our Site, which are incorporated by reference.
1. Access and Use of the Services
Sale of Services. Subject to your compliance with these Terms or any applicable separate agreement, you may access and use our Services. You must comply with our Privacy Policy, applicable documentation, guidelines, and all laws. We may discontinue Services and will provide notice if we do.
Provision of Access. You may use the Site provided that:
You are over 18 years of age.
You do not copy or modify the Services or any part of them.
You comply with all applicable laws, rules, regulations, and court orders.
Use Restrictions. You will not use the Services or any data, insights, or methodologies derived from the Services to:
Violate any copyrights, proprietary, or intellectual property rights in the Site or Services.
Engage in data mining or use bots or similar data-gathering and extraction tools or methods.
Decompile, scrape data, reverse engineer, disassemble, lease, sell, distribute, or reproduce the Site, or attempt to discover the underlying components of the Services, including models, algorithms, or systems (except where prohibited by law).
Transmit, post, or make available:
Content that is unlawful, false, inaccurate, harmful, obscene, or otherwise objectionable, including content that infringes any intellectual property or proprietary right.
Viruses, Trojan horses, or other harmful programs or materials.
Advertising or promotional materials, spam, or any other form of solicitation.
Misrepresent your affiliation with or impersonate any person or entity.
Interfere with or disrupt the Site or attempt to circumvent its security features.
Remove or modify any copyright or proprietary notices, or references to these Terms, in the Services or on the Site.
Misrepresent the Services or Site, or misinform others about their origin or ownership.
Use the Services in violation of any law; send personal information of children under 13 (or the age of digital consent) or allow minors to use the Services without parental or guardian consent; use the Services to develop, market, or distribute any commercial product or service that competes with the Services; use the Services to train or fine-tune any general-purpose (foundational) generative AI model; buy, sell, or transfer API keys with a third party; or use the Services for any reason other than collecting customer sentiment information for your product or service.
Account Registration and Access. To use the Services, you must create an account (“Account”) via our online registration procedures. Provide accurate, complete, and up-to-date information, and keep it current. We may suspend or terminate your Account if you provide inaccurate information. Do not permit any other person to access, use, or operate the Services via your Account. Secure your credentials and promptly notify Scrunch AI of any compromise. You are responsible for all activities under your Account(s). You agree not to misrepresent your identity or provide deceptive profile information. Personal data and automated data we collect are governed by our Privacy Policy.
Updates. We may develop patches, bug fixes, updates, upgrades, and other modifications (“Updates”). Updates may be required to use certain features. You agree to promptly install required Updates and consent to automatic installation if performed by or on behalf of Scrunch AI.
Reservation of Rights. Scrunch AI and its suppliers retain all right, title, and interest (including intellectual property rights) in and to the Services and the Site. If you provide feedback (e.g., improvement ideas or features), it is deemed non-confidential and non-proprietary; we own its implementation without compensation to you. All product names, service names, trademarks, and service marks (“Marks”) are the property of Scrunch AI or their respective owners. You may not use the Marks except as permitted by these Terms.
Third-Party Services. Our Services may include third-party software, products, or services (“Third-Party Services”), and some parts of our Services may include output from those services (“Third-Party Output”). Third-Party Services and Third-Party Output are subject to their own terms, and we are not responsible for them.
2. Content of the Service and Site
Inputs and Outputs. You may provide input to the Services (“Input”), and receive output based on the Input (“Output”). Together, Input and Output are “Content.” You are responsible for Content and for ensuring it complies with laws, these Terms, and any third-party terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input. As between you and Scrunch AI, and to the extent permitted by law, you retain ownership in Input and own the Output. We assign to you any right, title, and interest we may have in Output.
Non-unique Output. Due to the nature of AI, Output may not be unique; other users may receive similar Output. Our assignment does not extend to other users’ output or any Third-Party Output. Because of the probabilistic nature of machine learning, Output may not accurately reflect real people, places, or facts.
Use of Content. We may use Content to provide, maintain, develop, and improve the Services, comply with law, enforce our terms and policies, and keep the Services safe. If you do not want Content used to train our models, you can opt out by emailing a request to [email protected]. Note that opting out may limit the Services’ ability to better address your specific use case.
Your Responsibilities When Using Output:
Output may not always be accurate. Do not rely on Output as a sole source of truth or as a substitute for professional advice.
Evaluate Output for accuracy and appropriateness for your use case, including human review where appropriate, before using or sharing it.
Do not use any Output relating to a person for decisions that could have legal or material impacts (e.g., credit, education, employment, housing, insurance, legal, or medical decisions).
References to third-party products or services in Output do not imply endorsement or affiliation with Scrunch AI.
Third-Party Links. The Site may include links to third-party sites. When you access them, you are subject to their terms and privacy/security policies. We are not responsible for the accuracy, completeness, legality, practices, or availability of linked sites or for any interruptions, malfunctions, or security breaches. References or links do not constitute endorsement by Scrunch AI.
3. Indemnification
You agree to defend, indemnify, and hold us harmless from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:
Your breach of these Terms;
Your use of the Services, including any commercial use;
Any content or data you provide or generate using the Services;
Any third-party claims related to your use of the Services, including claims related to intellectual property, privacy, or consumer protection laws.
We have the right, at our expense, to assume exclusive defense of any claim and all settlement negotiations. You agree to cooperate with us in the defense of any such claim.
Indemnification Procedures. The party seeking defense and indemnity (the “Indemnified Party”) will promptly notify the other party (the “Indemnifying Party”) of any such claims and reasonably cooperate with the defense and/or settlement. The Indemnifying Party has the sole right to conduct the defense (and may not settle without the Indemnified Party’s prior written approval unless the settlement unconditionally releases the Indemnified Party, requires no admission, and imposes no restrictions on the Indemnified Party’s business). The Indemnified Party may participate at its own expense or, if the Indemnifying Party refuses to defend, may defend itself and seek reimbursement.
4. Limitation of Liability
DISCLAIMER: THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND MAY CONTAIN ERRORS, INACCURACIES, OR OMISSIONS. SCRUNCH AI MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SITE OR SERVICES, INCLUDING THEIR COMPLETENESS, ACCURACY, TIMELINESS, NON-INFRINGEMENT, OR FREEDOM FROM VIRUSES. YOUR ACCESS AND USE ARE AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCRUNCH AI’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO SCRUNCH AI FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) $1,000 USD.
IN NO EVENT SHALL SCRUNCH AI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, REVENUE, BUSINESS INTERRUPTION, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. Arbitration, Class-Action Waiver, Jury Waiver, and Governing Law
You and Scrunch AI agree to resolve any disputes exclusively and finally by binding arbitration on an individual basis. This means you and Scrunch AI waive any right to litigate disputes in court or before a jury, or to participate in a class action, representative action, consolidated action, or private attorney general action.
Dispute Resolution. First, please email us at [email protected] with details of your dispute so we can try to resolve it informally.
Initiating Arbitration. If we cannot resolve your dispute, either party may initiate arbitration. Arbitration is conducted by a neutral arbitrator and is generally faster and less formal than court proceedings. The arbitrator’s decision is final and enforceable.
Scope. A dispute includes any unresolved disagreement between you and Scrunch AI, including about the meaning, application, or enforcement of this Section 5. The arbitrator will decide any dispute under these Terms, including arbitrability.
Rules and Venue. Any dispute, claim, or controversy arising out of or relating to these Terms or their breach, termination, enforcement, interpretation, or validity shall be determined by arbitration held in San Francisco, California before one arbitrator and administered pursuant to the JAMS Streamlined Arbitration Rules and Procedures.
Fees and Costs. The arbitrator’s fee and other costs for any non-frivolous claim will be divided equally unless the arbitrator awards fees to the prevailing party under Federal Rule of Civil Procedure 54(d)(1). Attorney’s fees may be awarded if expressly authorized by statute; otherwise each party bears its own.
Relief Available. The arbitrator may grant any relief that would be available in court. Any award is final and may be entered as a judgment in any court with jurisdiction. Parties may seek provisional remedies in court in aid of arbitration.
Small Claims. Either party may bring an individual claim in small claims court of competent jurisdiction, or if filed in arbitration, the responding party may request that it proceed in small claims court if within that court’s jurisdiction.
Written Submissions. Arbitration shall be conducted by written submissions only, unless either party invokes the right to an oral hearing before the arbitrator.
Public Injunctive Relief. The substance of any disputes where public injunctive relief is available shall be decided by the arbitrator. Only if the claimant prevails and is entitled to a public injunction may a court enter an injunction consistent with the arbitral award.
Time to File. Regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the Services must be filed within one (1) year after it arose, or it is forever barred.
Governing Law. Any dispute regarding these Terms, your use of the Services, your relationship with Scrunch AI, or any action contemplated by these Terms shall be governed by the laws of the State of Utah, without regard to its conflict-of-law rules. The arbitration provisions are governed by the Federal Arbitration Act.
Severability; Self-Help and Injunctive Relief. If any provision related to this arbitration agreement is illegal or unenforceable, it shall be severed, and the remainder of Section 5 will remain in effect. Either party may lawfully:
Preserve or obtain possession of property;
Exercise self-help remedies, including setoff rights; or
Seek injunctive relief (including public injunctive relief), attachment, garnishment, or appointment of a receiver in a court of competent jurisdiction.
6. Termination and Suspension
You may stop using the Services at any time. We may suspend or terminate your access or delete your account if:
- You are in breach of these Terms;
- We must do so to comply with law;
- Your use could cause risk or harm to Scrunch AI, our users, or others;
- For commercial users, for any reason with at least 30 days’ notice before the end of your current subscription term; or
- For non-commercial users, for any reason, at any time.
We may delete data associated with your account:
- If your commercial subscription has lapsed for more than 30 days; or
- For non-commercial users, after 30 days of inactivity.
7. Copyright Complaints
If you believe your work has been copied or posted in connection with our Services in a way that constitutes copyright infringement, please provide our Copyright Agent with:
- A physical or electronic signature of the copyright owner or authorized agent;
- A description of the copyrighted work and a URL link to where it appears;
- Your postal mailing address;
- Your telephone number;
- Your email address; and
- A written statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law, and a statement under penalty of perjury that the information is accurate and that you are the copyright owner or authorized to act on their behalf.
Send claims by email to [email protected] or by mail to:
Scrunch AI
50 W Broadway, Suite 333 PMB 76690
Salt Lake City, UT 84104
8. Miscellaneous
Entire Agreement. These Terms, together with any documents incorporated by reference, are the entire agreement regarding your access to and use of the Services and the Site.
Changes; Waiver. We may revise these Terms at any time in our sole discretion. Changes are effective when posted and apply thereafter. Your continued use signifies acceptance. Check this page periodically. No waiver is effective unless in writing and signed by the waiving party. No failure or delay in exercising any right operates as a waiver; no single or partial exercise precludes further exercise.
Severability. If any provision is invalid, illegal, or unenforceable in any jurisdiction, that does not affect any other provision or render it unenforceable in any other jurisdiction. Our failure to enforce a provision is not a waiver of our right to do so later.
Governing Law; Jurisdiction. These Terms and any matter or dispute arising out of the Services or the Site are governed by Utah law, without regard to conflict-of-law rules. Any suit, action, or proceeding seeking to enforce or arising out of these Terms shall be brought in the state or federal courts for the District of Utah, and each party irrevocably consents to the jurisdiction and venue of such courts and waives any objection to inconvenient forum. Process may be served by registered mail.
Publicity. If you are a business or organization, Scrunch AI may publish your name and logo on Scrunch AI websites, client lists, press releases, and other marketing materials, along with a brief description of your deployment of the Services.
Assignment. You may not assign or transfer any rights or obligations under these Terms; any attempt is void. We may assign our rights or obligations to any affiliate, subsidiary, or successor in interest of any business associated with our Services.
Contact Us. Questions about these Terms:
Mail: Scrunch AI, 50 W Broadway, Suite 333 PMB 76690, Salt Lake City, UT 84104
Email: [email protected]
Trade Controls. You must comply with all applicable trade laws, including sanctions and export control laws. The Services may not be used in or for the benefit of, or exported or re-exported to, (a) any U.S. embargoed country or territory or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. The Services may not be used for any end use prohibited by applicable trade laws, and your Input may not include material or information that requires a government license for release or export.
By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy.