Dash of Aibeta

Terms of Service

Effective Date: May 17, 2026

1. Acceptance of These Terms

Dash of AI is operated by Dash of AI, LLC, a California limited liability company with its principal place of business at 177 E. Blithedale Avenue, Mill Valley, California 94941 (“Dash of AI”, “we”, “us”, or “our”). These Terms of Service (the “Terms”) form a legally binding agreement between you and Dash of AI and govern your access to and use of the dashofai.ai website, any associated mobile or desktop applications, the DASH voice agent, our newsletter, our paid subscription products, and any other products or services we offer that link to these Terms (collectively, the “Service”).

By creating an account, subscribing to our newsletter, purchasing a subscription, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, do not access or use the Service.

IMPORTANT NOTICE. These Terms contain (i) a mandatory arbitration provision and class action waiver in Section 22 that require disputes to be resolved on an individual basis through binding arbitration rather than in court, and (ii) a limitation of liability in Section 18 that limits the remedies available to you. Please read these provisions carefully.

2. Eligibility

The Service is intended for users who are at least 18 years of age. By using the Service, you represent and warrant that (a) you are at least 18 years old, (b) you have the legal capacity to enter into a binding contract, (c) you are not barred from using the Service under the laws of the United States or any other applicable jurisdiction, and (d) if you are using the Service on behalf of a business or other legal entity, you have authority to bind that entity to these Terms and references to “you” will include both you individually and that entity.

The Service is not directed to children under 13, and we do not knowingly collect personal information from children under 13. If we learn that we have collected personal information from a child under 13, we will delete that information. If you believe a child has provided us personal information, please contact us at the address in Section 27.

3. Description of the Service

Dash of AI is an artificial-intelligence education platform that delivers step-by-step AI workflow guides (each, a “Recipe”) and related tools, content, and software to small business owners and other non-technical users. The Service is offered on a freemium model with the following tiers:

  • Free Tier — access to a curated public Recipe Box, our newsletter via Beehiiv, and limited platform features at no cost.
  • Pro Tier — paid subscription with access to the full Recipe Box and additional features, billed at $19 per month or $182 per year (which reflects an approximate 20% discount on the monthly rate), or such other amounts as published on dashofai.ai at the time of purchase.
  • VIP Tier — paid subscription with access to all Pro features plus the DASH voice agent and additional VIP-only features, billed at $79 per month or $758.40 per year (which reflects a 20% discount on the monthly rate), or such other amounts as published on dashofai.ai at the time of purchase.

The DASH voice agent is an AI-powered conversational interface available to VIP subscribers that uses third-party services (including ElevenLabs Conversational AI, Twilio for telephony, and OpenAI’s GPT-4o Realtime) to provide voice-based assistance and maintains persistent memory of your past interactions across sessions to deliver personalized advice and recommendations, as further described in Section 7 and in our Privacy Policy.

We may add, modify, suspend, or discontinue any feature, tier, Recipe, integration, or other component of the Service at any time, with or without notice, except where prohibited by applicable law. We will provide reasonable advance notice of material changes that adversely affect a paid subscription.

4. Account Registration and Security

To access most features of the Service you must register for an account. We use Clerk to authenticate accounts via one-time email passcodes. You agree to (a) provide accurate, current, and complete information when registering, (b) keep your account information current, (c) maintain the security of your verification codes and any other credentials, and (d) accept responsibility for all activities that occur under your account. You must notify us promptly at info@dashofai.ai of any unauthorized use of your account or any other actual or suspected breach of security.

You may not share your account credentials, transfer your account to another person, or allow any other person to use your account. Each account is for a single user; team or organization accounts are available only under a separate agreement.

5. Subscription Plans, Billing, and Automatic Renewal

5.1 Subscription Term and Pricing

Paid subscriptions to the Pro and VIP tiers are sold on a recurring basis, billed either monthly or annually, depending on the option you select at checkout. The price applicable to your subscription is the price displayed at checkout at the time of your purchase, plus any applicable taxes. Subscription fees are billed in advance for each billing cycle. We use Stripe to process payments and you authorize us, through Stripe, to charge your designated payment method for all fees.

5.2 Automatic Renewal (California Civil Code § 17600 et seq.)

YOUR PAID DASH OF AI SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING CYCLE (MONTHLY OR ANNUAL, AS APPLICABLE) AT THE THEN-CURRENT PRICE FOR YOUR TIER UNTIL YOU CANCEL. By submitting your payment information and clicking the button to subscribe, you expressly authorize Dash of AI, through our payment processor Stripe, to charge your designated payment method on a recurring basis for the subscription you have selected, including any applicable taxes, until you cancel. Your express affirmative consent to these automatic renewal terms is required to subscribe and is recorded and retained by Dash of AI as described in Section 5.7.

5.3 Acknowledgment of Subscription Terms

Promptly after you subscribe, we will send to the email address associated with your account an acknowledgment that includes: (a) the product or service to which the subscription applies, (b) the recurring charge amount and billing frequency, (c) the length of the billing cycle and that the subscription will continue until you cancel, (d) instructions on how to cancel using the methods described in Section 5.6, and (e) our contact information. You may retain this acknowledgment in your records.

5.4 Free Trial (Pro Tier Only) and Promotional Offers

Pro Tier 7-Day Free Trial. New Pro subscribers may receive a seven (7) day free trial at the time of initial sign-up. At checkout, you will be required to provide a valid payment method and provide express affirmative consent to the automatic renewal terms described in Section 5.2. At the end of the seven-day trial, your designated payment method will be automatically charged the applicable Pro subscription fee (monthly or annual, as you selected at sign-up), and your subscription will continue to renew on a recurring basis at the end of each subsequent billing cycle until you cancel. You may cancel at any time during the free trial period to avoid being charged, using any of the cancellation methods in Section 5.6. The free trial is available only to new Pro subscribers and may not be combined with other offers.

VIP Tier. The VIP Tier does not include a free trial. Full payment of the applicable VIP subscription fee is due at the time of subscription. The VIP Tier includes a 30-Day Satisfaction Guarantee as described in Section 5.8(b).

Future promotional offers. If we offer additional promotional periods, discounted introductory offers, or free-to-paid conversion offers in the future, we will clearly and conspicuously disclose at the point of sale: (i) the length of the trial or promotional period, (ii) the price that will be charged when the trial or promotional period ends, (iii) the billing frequency thereafter, and (iv) how to cancel before being charged. For any free trial or promotional period lasting more than thirty-one (31) days, we will send you a notice between three (3) and twenty-one (21) days before the trial or promotional period ends informing you that the subscription will begin and the amount that will be charged.

5.5 Price Changes

We may change the recurring subscription fee from time to time. If we increase the fee that applies to your subscription, we will notify you no fewer than seven (7) days and no more than thirty (30) days before the increased fee takes effect, and the notice will include clear instructions on how to cancel your subscription before the new fee is charged. Your continued use of the Service after the effective date of the price change constitutes your acceptance of the new fee.

5.6 Cancellation

You may cancel your subscription at any time, for any reason, without penalty. Cancellation methods include:

  • Online self-service: log in to your account at dashofai.ai and select “Cancel Subscription” in your account settings. This method is available 24 hours a day, 7 days a week, and is at least as easy to use as the method by which you subscribed.
  • Email: send a cancellation request to info@dashofai.ai from the email address associated with your account. We will process your request within one (1) business day.
  • Postal mail: send a written cancellation request to the address in Section 27.

If you cancel, your subscription will remain active through the end of the current billing cycle, and you will not be charged for any subsequent cycle. We will not impose any obstruction, delay, or unreasonable retention offer that prevents you from completing your cancellation. We may present a retention offer or information about the effect of cancellation, but you will at all times have a directly available means to complete cancellation.

5.7 Annual Subscriptions: Pre-Renewal Notice and Record of Consent

For annual subscriptions, we will send you a notice no fewer than fifteen (15) days and no more than forty-five (45) days before each automatic renewal, informing you that the subscription will renew automatically unless you cancel, specifying the renewal term and cost, providing cancellation methods including a direct method to cancel online, and including our contact information. For any subscription that remains active for one (1) year or more, we will also send you an annual reminder identifying the subscription, the frequency and amount of recurring charges, and how to cancel, delivered through the same medium you used to subscribe or that you ordinarily use to interact with us. We retain a record of your affirmative consent to the automatic renewal terms for at least three (3) years, or one (1) year after termination of your subscription, whichever is longer.

5.8 Refunds

(a) Pro Tier. Subject to the 7-day free trial described in Section 5.4, all payments for the Pro tier (monthly and annual) are non-refundable. We do not provide refunds or credits for partial subscription periods, downgrades, or unused time. If you believe you have been charged in error, contact us at info@dashofai.ai within thirty (30) days of the charge and we will review your request in good faith.

(b) VIP Tier — 30-Day Satisfaction Guarantee. If you subscribe to the VIP tier and are not satisfied with the Service, you may request a full refund of your initial VIP subscription payment within thirty (30) days of your initial VIP purchase by emailing info@dashofai.ai from the email address associated with your account, along with a brief reason for your request. We will process approved refunds within ten (10) business days through the original payment method. The 30-day satisfaction guarantee applies only to your first VIP subscription payment (monthly or annual) and does not apply to any subsequent renewal payments, which are non-refundable except as required by law. We reserve the right to deny refund requests we determine in good faith to be fraudulent, abusive, or made in connection with a violation of these Terms.

(c) Rights under applicable law. Nothing in this Section 5.8 limits any refund or other right you may have under applicable consumer protection law.

5.9 Failed Payments

If your payment method is declined, we may attempt to recharge the payment method, suspend access to paid features until payment is successful, or terminate your subscription. You are responsible for maintaining accurate and current payment information.

6. Acceptable Use

When using the Service, you agree not to:

  • Use the Service for any unlawful purpose or in violation of any applicable federal, state, local, or international law or regulation.
  • Infringe or misappropriate any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property or proprietary right.
  • Submit content that is defamatory, obscene, harassing, threatening, or otherwise objectionable, or that contains personal data of third parties for which you do not have a lawful basis to share.
  • Reverse engineer, decompile, disassemble, scrape, or otherwise attempt to derive the source code, models, or underlying ideas of the Service, except to the extent applicable law expressly prohibits this restriction.
  • Use the Service or its outputs to develop, train, fine-tune, or improve any machine learning model, large language model, or competing AI service.
  • Access the Service through any automated means, including bots, scrapers, or crawlers, except for publicly documented APIs and in accordance with their rate limits.
  • Interfere with, disrupt, or attempt to circumvent any security feature, rate limit, or access control of the Service.
  • Use the Service to generate, distribute, or facilitate spam, phishing, malware, deepfakes, content that exploits minors, content that promotes self-harm or violence, or content that violates the acceptable use policies of any third-party model provider on which the Service relies (including Anthropic, OpenAI, ElevenLabs, and Twilio).
  • Misrepresent your identity, impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Resell, rent, sublicense, or otherwise commercially exploit access to the Service except as expressly authorized by us in writing.

7. Your Content and How We Use It

7.1 Your Content; License to Dash of AI

The Service allows you to submit text, prompts, files, images, audio, voice recordings, and other materials (collectively, “User Content”). You retain all ownership rights you have in your User Content. By submitting User Content, you grant Dash of AI a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, transmit, display, adapt, and otherwise use your User Content solely for the purposes of operating, providing, securing, improving, and supporting the Service, complying with law, and as you otherwise authorize.

You represent and warrant that (a) you own or have all necessary rights to your User Content, (b) your User Content does not violate any third party’s rights or any applicable law, and (c) you have obtained all consents required to submit any personal information of others.

7.2 How We Use Your Content

Dash of AI will store, process, and use your User Content to provide and personalize the Service, including by:

  • Retaining your conversations, prompts, voice recordings, and other inputs in our hosted database (Supabase);
  • Generating vector embeddings of your interactions to enable persistent memory features, including the DASH voice agent’s ability to recall and reference past conversations with you across sessions;
  • Using stored context to inform and personalize the responses, recommendations, and Recipes we deliver to you;
  • Processing your User Content through third-party AI providers, including Anthropic (Claude API), OpenAI (GPT-4o Realtime), and ElevenLabs (Conversational AI), to deliver the Service;
  • Operating, securing, monitoring, and improving the Service, including for fraud prevention, abuse detection, and product analytics.

Our retention periods, deletion rights, and other privacy practices are described in our Privacy Policy. You may request deletion of your stored User Content at any time as described in the Privacy Policy, subject to our legal and operational retention obligations and the limitations of our backup systems.

7.3 No Model Training Without Your Consent

Inference, not training. When you use the Service, your User Content is processed by third-party AI providers to generate real-time responses (a process known as inference). Inference does not change or train the underlying AI models.

Third-party provider commitments. Under the commercial terms of our agreements with Anthropic, OpenAI, and ElevenLabs, your User Content is not used by these providers to train their foundation AI models.

Dash of AI commitment. Dash of AI will not use your User Content to train any AI model owned or developed by Dash of AI, and will not opt into any third-party provider program that would use your User Content to train AI models, without your express opt-in consent. We may use de-identified, aggregated information about Service usage and Outputs to monitor, secure, evaluate, and improve the Service.

7.4 DASH Voice Agent Memory

The DASH voice agent maintains persistent memory of your past interactions across sessions so that DASH can deliver personalized, history-aware advice. By activating the DASH voice agent as a VIP subscriber, you acknowledge that DASH will retain and reference content from your prior conversations. You may request that we delete your DASH conversation history and associated memory embeddings at any time by contacting us at info@dashofai.ai, subject to the limitations described in the Privacy Policy.

8. AI-Generated Outputs

The Service uses large language models, voice synthesis, and other AI technologies to generate text, audio, images, code, recommendations, and other outputs in response to your inputs (collectively, “Outputs”). As between you and Dash of AI, and subject to your compliance with these Terms and applicable law, you own the Outputs generated specifically in response to your inputs through your use of the Service, and you may use them for any lawful purpose, including commercial purposes.

You acknowledge and agree that:

  • AI outputs are probabilistic and may be inaccurate, incomplete, biased, out of date, or otherwise inappropriate for a particular purpose. You are responsible for reviewing all Outputs before relying on them.
  • Different users may receive similar or identical Outputs in response to similar inputs. Outputs are not unique to you, and we make no representation that any Output is novel, original, or non-infringing.
  • Outputs do not constitute professional advice. Outputs are not legal, financial, tax, medical, mental health, employment, or other professional advice and should not be relied on as a substitute for advice from a qualified professional.
  • You will not present Outputs as having been generated by a human where doing so would mislead a reasonable person, particularly in contexts where AI disclosure is required by law.

9. Bot and AI Disclosures

Consistent with California Business & Professions Code § 17940 et seq. (SB 1001) and other applicable laws, we disclose that:

  • The DASH voice agent and any chatbot interfaces on the Service are AI systems, not human beings. You are interacting with an artificially generated agent.
  • The DASH voice agent is designed for business and educational tasks. It is not a companion chatbot and is not designed to simulate human relationships, provide emotional support, or address users’ social or emotional needs. The DASH voice agent is not suitable for use as a mental health resource and is not suitable for minors.
  • If you or someone you know is in crisis or experiencing thoughts of self-harm or suicide, please contact the 988 Suicide & Crisis Lifeline (in the United States, dial or text 988) or your local emergency services.

10. Intellectual Property

Except for your User Content and Outputs as described above, the Service and all content, software, designs, trademarks, service marks, logos, recipes, prompts, templates, training materials, and other materials provided by Dash of AI (collectively, the “Dash of AI Materials”) are owned by Dash of AI or its licensors and are protected by intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Dash of AI Materials solely for your personal or internal business use in connection with the Service. All rights not expressly granted are reserved.

“Dash of AI”, the Dash of AI logo, and related names and marks are trademarks of Dash of AI, LLC. You may not use these marks without our prior written permission. Any feedback, suggestions, or ideas you provide regarding the Service are non-confidential and may be used by us for any purpose without compensation or attribution to you.

11. Third-Party Services and Integrations

The Service relies on, integrates with, or links to third-party services, including but not limited to Stripe (payments), Clerk (authentication), Supabase (data hosting), Beehiiv (newsletter), Vercel (hosting), Anthropic (Claude API), OpenAI (GPT-4o), ElevenLabs (Conversational AI), Twilio (telephony), Make.com (automation), Resend (email), PostHog (analytics), and Sentry (error reporting). Your use of any third-party service is governed by that third party’s own terms and privacy policies. We are not responsible for the acts, omissions, content, security practices, or availability of any third-party service, and your relationship with any third-party service provider is solely between you and that provider.

12. Privacy

Our collection, use, and disclosure of personal information in connection with the Service is described in our Privacy Policy, available at dashofai.ai/privacy and incorporated into these Terms by reference. By using the Service you acknowledge that you have read and understood the Privacy Policy.

13. Electronic Communications and Consent

You consent to receive communications from us in electronic form, including by email at the address associated with your account, by SMS at any phone number you provide, by in-app notification, and by our newsletter. You agree that all notices, disclosures, agreements, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. You may withdraw your consent to receive marketing communications at any time, but may continue to receive transactional communications related to your account.

14. Suspension and Termination

We may suspend or terminate your access to all or part of the Service at any time, with or without notice and with or without cause, including if we believe you have violated these Terms, if your use of the Service poses a security or legal risk, or if your account has been inactive for an extended period. If we terminate your paid subscription without cause, we will refund the pro-rated portion of any prepaid fees for the unused balance of your current billing cycle.

You may terminate these Terms at any time by deleting your account and discontinuing use of the Service. Cancellation of a paid subscription is governed by Section 5.6. The following sections survive termination: 5 (with respect to fees owed), 7, 8, 10, 15, 16, 17, 18, 19, 22, 23, 24, 25, 26, and 27.

15. Modifications to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email to the address associated with your account and by posting the updated Terms on the Service with a new “Last Updated” date, at least fifteen (15) days before the changes take effect, except where a shorter period is required by law or for security or legal compliance reasons. Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of those Terms. If you do not agree to the updated Terms, you must stop using the Service and may cancel your subscription as described in Section 5.6.

16. Disclaimers

THE SERVICE, INCLUDING ALL CONTENT, OUTPUTS, RECIPES, DASH OF AI MATERIALS, AND THIRD-PARTY INTEGRATIONS, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DASH OF AI AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.

Without limiting the foregoing, we do not warrant that (a) the Service or any Output will meet your requirements or expectations, (b) the Service will be uninterrupted, secure, timely, or error-free, (c) any Output will be accurate, reliable, current, or appropriate for any particular purpose, or (d) defects in the Service will be corrected. You access and use the Service and all Outputs at your own risk and are solely responsible for any decisions you make in reliance on them.

17. Indemnification

You agree to defend, indemnify, and hold harmless Dash of AI, LLC, its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, and service providers (collectively, the “Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to (a) your access to or use of the Service, (b) your User Content, (c) your use of any Outputs, including any decisions, advice, or actions taken in reliance on them, (d) your violation of these Terms, (e) your violation of any applicable law or the rights of any third party, or (f) your negligence or willful misconduct. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

18. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE INDEMNIFIED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS, GOODWILL, DATA, OR USE, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE INDEMNIFIED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ADDITION, THE AGGREGATE LIABILITY OF THE INDEMNIFIED PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID DASH OF AI FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, so some of the above exclusions and limitations may not apply to you. Nothing in these Terms is intended to limit or exclude liability that cannot lawfully be limited or excluded, including liability for fraud, willful injury, or violations of law that cannot be limited under California Civil Code § 1668.

19. Governing Law

These Terms and any dispute arising out of or relating to these Terms or the Service are governed by the laws of the State of California, without regard to its conflict of laws principles, and by applicable federal law of the United States. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

20. Venue

Subject to the mandatory arbitration provision in Section 22, any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not subject to arbitration must be brought exclusively in the state or federal courts located in Marin County, California, and you and Dash of AI each consent to the personal jurisdiction of those courts and waive any objection to venue in those courts.

21. Informal Dispute Resolution

Before initiating arbitration or any other formal proceeding, you and Dash of AI agree to attempt to resolve any dispute informally. You agree to first contact us at info@dashofai.ai with a written description of the dispute, the relief you seek, and your contact information. The parties will work in good faith for sixty (60) days to resolve the dispute. If the dispute is not resolved within that period, either party may initiate arbitration as described in Section 22.

22. Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND DASH OF AI TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS YOUR RIGHTS TO BRING OR PARTICIPATE IN A CLASS ACTION, REPRESENTATIVE ACTION, OR JURY TRIAL.

22.1 Agreement to Arbitrate

Except as set forth in Section 22.4, you and Dash of AI agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or our relationship (collectively, “Disputes”) will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures, or, at your election, by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will be conducted by a single arbitrator, in the English language, and in Marin County, California or, at your election, in the county where you reside or remotely by video conference. The arbitrator’s award will be final and binding. Judgment on the award may be entered in any court of competent jurisdiction.

22.2 Class Action Waiver

YOU AND DASH OF AI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate the claims of multiple individuals and may not preside over any form of representative or class proceeding. If a court decides that this class action waiver is unenforceable as to a particular claim or request for relief, then that claim or request for relief (and only that claim or request) will be severed and brought in court, while the remaining claims will proceed in arbitration.

22.3 Costs of Arbitration

Dash of AI will pay all filing, administrative, and arbitrator fees for any arbitration initiated by a consumer where the amount in controversy is less than $10,000, except where the arbitrator determines that the claim was frivolous or brought for an improper purpose. Otherwise, fees will be allocated as provided by the applicable arbitration rules.

22.4 Exceptions

Notwithstanding Section 22.1, either party may bring an action (a) in small claims court for claims within that court’s jurisdiction, or (b) in a court of competent jurisdiction to seek temporary or preliminary injunctive relief to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.

22.5 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to info@dashofai.ai within thirty (30) days of first agreeing to these Terms. Your notice must include your full name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.

23. Copyright Complaints (DMCA)

We respect the intellectual property rights of others and respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act, 17 U.S.C. § 512. If you believe content on the Service infringes your copyright, send a written notice to our designated agent that includes the elements required by 17 U.S.C. § 512(c)(3): (i) a physical or electronic signature of the copyright owner or authorized agent; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material claimed to be infringing and information sufficient to locate it; (iv) your contact information; (v) a statement that you have a good-faith belief that the use is not authorized; and (vi) a statement, under penalty of perjury, that the information is accurate and you are authorized to act on the owner’s behalf.

Designated Agent: Legal Department, Dash of AI, LLC, 177 E. Blithedale Avenue, Mill Valley, California 94941, email info@dashofai.ai. We may, in appropriate circumstances, terminate the accounts of users who are repeat infringers.

24. California Consumer Rights Notice

Under California Civil Code § 1789.3, California users are entitled to the following consumer rights notice: The provider of the Service is Dash of AI, LLC, 177 E. Blithedale Avenue, Mill Valley, California 94941. To file a complaint regarding the Service or to receive further information about its use, send written correspondence to the Legal Department at the address above or contact us at info@dashofai.ai. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (800) 952-5210.

25. Export Controls and Government Users

You may not use, export, or re-export the Service or any Output in violation of U.S. export control laws or the laws of any other applicable jurisdiction. You represent that you are not located in, under the control of, or a national or resident of any country subject to U.S. embargo or designated on any U.S. government list of restricted parties. If you are a U.S. government end user, the Service is a “commercial item” as defined in 48 C.F.R. § 2.101 and is licensed with only those rights granted to other end users under these Terms.

26. General Provisions

26.1 Entire Agreement

These Terms, together with the Privacy Policy and any other terms expressly incorporated by reference, constitute the entire agreement between you and Dash of AI regarding the Service and supersede all prior or contemporaneous understandings.

26.2 Severability

If any provision of these Terms is held unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force and effect.

26.3 No Waiver

No waiver by Dash of AI of any term or condition will be deemed a further or continuing waiver of that term or any other term, and any failure to assert a right or provision will not constitute a waiver of that right or provision.

26.4 Assignment

You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. We may assign these Terms in whole or in part at any time, including in connection with a merger, acquisition, financing, reorganization, or sale of assets.

26.5 Force Majeure

Dash of AI will not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, labor disputes, internet or telecommunications outages, third-party service provider failures, or pandemics.

26.6 Relationship of the Parties

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Dash of AI.

26.7 Headings

Section headings are for convenience only and have no legal effect.

26.8 Interpretation

In these Terms, “including” means “including without limitation,” and the singular includes the plural and vice versa.

27. Contact Information

Questions, complaints, or notices regarding the Service or these Terms should be directed to:

Dash of AI, LLC  •  Attn: Legal Department  •  177 E. Blithedale Avenue, Mill Valley, California 94941  •  Email: info@dashofai.ai