Policies

TERMS OF SERVICE

1.OVERVIEW

These Terms of Service Terms (“Terms”) are between Revmo AI, Inc., a Delaware corporation (“Revmo”, “we”, “us”, “our”), and the Customer, as defined on the Order Form incorporating these (such Order Form and any subsequent Order Forms, each a “Order Form”) by and between the Customer and Revmo.

2. SERVICE DESCRIPTION

Revmo provides access to our web portal and web application (the “Portal”), and AI driven voice, text and email technology, and other artificial-intelligence services (the “AI Services”) which include our to prospective clients, current clients and former clients so that such users may, as applicable, leverage the AI Services to build AI enabled automation workflows leveraging voice, text and email. and to make available other tools and technology that Revmo, in its sole discretion, elects to make available from time to time to Authorized Users who access the AI Service and the Portal (collectively, including the Portal and AI Services, the “Services”).

3. TERMS; PRECEDENCE

Access to and use of the Portal, the AI Service and the Service is subject to these Terms of Service, as amended from time to time as provided herein (these “Terms”). You represent and warrant that: (a) you have read and understood these Terms of Service and agree to be bound by these Terms of Service, (b) you have authority to bind Customer to these Terms of Service, and (c) these Terms of Service have the same force and effect as a signed agreement. In the event of a conflict between your Customer Services Agreement and these Terms, the following order of precedence will apply: (i) the DPA (defined below); (ii) the Order Form; (iii) these Terms; and (iv) the Terms of Use applicable to the Portal.

4. SERVICES
4.1. General. During the Term, Revmo agrees to provide the Services as described in any applicable Order Form (“Services”) to Customer primarily via browser-based software and Portal, which includes any updates, enhancements, modifications or new versions of the same. Revmo may make enhancements and modifications to the Services from time to time. New releases may include features or functionality that are not available unless Customer orders such features or functionality pursuant to a separate Order Form and agreement to pay any supplemental Fees, unless such features or functionality are generally made available to users of the Services. Revmo will also use commercially reasonable efforts to provide Customer with Revmo’s standard support services, through email or telephone, for the Services.

4.2. License Grant.Revmo grants to Customer a limited, non-exclusive, non-transferable, non-sublicensable (except as provided herein), royalty-free license right to access and use the Services during the Term. For the avoidance of doubt, the license granted herein authorizes Customer to use the Services solely for the benefit of Customer and no third parties, unless expressly authorized in the Order Form. Customer may further allow its contractors, agents and any other third party to whom Customer authorizes access to use the Services on its behalf (“Authorized User”) provided that Customer will be responsible and fully liable for its Authorized Users’ compliance with these Terms and any actions of such Authorized Users.

4.3. Restrictions. Except as otherwise expressly permitted in these Terms, in no event will Customer: (i) disclose or distribute to any third party the Services or any portion thereof; (ii) copy, modify, adapt, publicly display or publicly perform or create derivative works of the Services or any portion thereof or permit any third party to do any of the foregoing; (iii) rent, lease, resell, grant a security interest in, or otherwise attempt to transfer rights to, the Services; (iv) use, or permit any third party to access or use, the Services or any portion thereof for time-sharing, rental or service bureau purposes; (v) decompile, reverse assemble or otherwise reverse engineer the Services or any portion thereof, or permit any third party to do so, except to the extent otherwise expressly permitted by law; or (vi) remove, alter or disable any Revmo trademarks or other proprietary or restrictive notices or labels on any Services.

4.4. Access to Revmo Services. Customer will designate an administrator (“Customer Administrator”) who will grant and manage access to individual employees or other Authorized Users. The Customer Administrator will have access to the settings for its end users’ accounts and will have the option to configure contact information for the Customers. Upon account creation by the Customer Administrator, Authorized Users will be able to use the provided numbers and may change account settings or profile information by logging into their accounts through Revmo’s website. Revmo may make changes to account settings upon Customer request.

4.5. Customer Data and Security. Customer will be responsible for maintaining the security of Customer’s credentials (including Customer Administrative and Authorized User passwords) and files, and for all uses of Customer’s business account, with or without Customer’s knowledge or consent, including through usage of Customer’s credentials due to any security breaches of Customer’s systems, except to the extent any such breach was the direct result of Revmo’s failure to fulfill its obligations hereunder. Revmo will take commercially reasonable precautions, including technical (e.g., firewalls and data encryption), administrative and physical measures, to help safeguard Customer Data. “Customer Data” as used herein means data and/or information regarding Customer, its Affiliates and/or Customer’s Authorized Users: (a) provided to Revmo hereunder; or (b) to which Revmo has access or control, or which Revmo has accessed, in each case, in connection with the provision of the Services contemplated in these Terms, including all Personal Data (as defined in the DPA).

4.6. Third-Party Services. Certain of the Services allow Customer to connect to various third-party services via API or other integrations with services selected by Customer, or which store or process Customer Data (“Linked Services”). Revmo is providing connections to Linked Services to Customer only as a convenience, and the inclusion of any connection or link does not imply endorsement by Revmo of the Linked Services, website or policies, or any association with its operators. Customer’s access and use of such Linked Services is governed solely by the terms and conditions of such Linked Services. Revmo is not responsible or liable for the function, contents, or security of, or processing of Customer Data by any Linked Services, including without limitation, any link contained in a Linked Service (or the policies or procedures of that Linked Service), or any changes or updates to a Linked Service (or the policies or procedures of that Linked Service). By using any product, service or functionality of the Linked Services at its own option, Customer hereby acknowledges and consents that Revmo may share Customer Data via such Linked Services, to the extent enabled by such Linked Services. By connecting such Linked Services, Customer agrees that it is consenting to the necessary continuous integration and Customer Data sharing about Customer, its Authorized Users to such Linked Services. Customer also hereby agrees to hold Revmo harmless from any liability caused by such Linked Services, including but not limited to data breaches, breaches of applicable law, and other acts or behaviors arising from such Linked Services.

4.7. Customer Compliance and TCPA. The Customer acknowledges its responsibility to secure prior express written consent from individuals before engaging in outbound calls or text messages as required under the TCPA and other applicable laws. Customer agrees to implement reasonable measures to ensure compliance with TCPA regulations in the provision of Services, including accurate record-keeping and providing mechanisms for individuals to opt-out of communications.

4.8. Technical Support Services.Customer will respond to questions and complaints from its Authorized Users or third parties relating to use of the Services. If Customer is unable to resolve such support issue, then Customer may escalate such issue to Revmo’s Customer Support Department (customersuccess@Revmo.ai or https://Revmo.ai/contact-support).

5. TERM AND TERMINATION

5.1.Term. These Terms commence on the Effective Date and, unless earlier terminated pursuant to the terms of these Terms, will continue in effect for so long as there is an Order Form or Order Form in effect between the parties (“Term”).

5.2. Termination. In the event of a material breach of these Terms that is capable of cure (including in the case of non-payment), but that is not cured within thirty (30) days of written notice thereof, the non-breaching party may terminate these Terms by written notice delivered to the other party at the end of the cure period. Additionally, either party may terminate these Terms immediately by written notice if the other party: (i) becomes insolvent; (ii) makes an assignment for the benefit of creditors; (iii) files or has filed against it a petition in bankruptcy or seeking reorganization; (iv) has a receiver appointed; or (v) institutes a proceeding for liquidation or winding up.

5.3. Effect of Termination. If Customer terminates these Terms due to an uncured material breach by Revmo, Customer will be entitled to a refund for amounts prepaid for Services not rendered prior to termination. If Revmo terminates these Terms due to an uncured material breach by Customer, including for non-payment of any undisputed service fees, other fees and/or charges, Customer agrees to pay Revmo all remaining unpaid service fees for the Service Term, including all related taxes, surcharges, fees and other charges. All sections of these Terms which by their nature may reasonably be assumed to be intended to survive expiration or termination will survive expiration or termination, including accrued rights to payment, confidentiality obligations, warranty disclaimers and limitations of liability. Further, in the event of any action by Revmo to collect any amount not paid when due, Customer will pay or reimburse Revmo’s costs of collection (including any reasonable attorneys’ fees and court costs).

6. FEES; PAYMENTS
6.1. Fees. In consideration for Services provided by Revmo, Customer will pay Revmo the fees set forth in the Order Form (“Fees”), in accordance with the terms set forth therein. All payments for Services under this MSA will be made free and clear and without deduction for all present and future Taxes. “Taxes” means all withholding taxes, levies, imposts, duties, fines or other charges of any nature, however imposed, by any country or any subdivision or authority thereof in any way connected with this MSA, or any instrument or MSA required hereunder, and all interest, penalties or similar liabilities with respect thereto, except such taxes as are imposed on or measured by a party’s net income or property.

6.2. Transaction Taxes. Taxes will be stated separately on the invoice. Fees are exclusive of Taxes, and Customer will pay or reimburse Revmo for any Sales, Use, VAT or similar transaction taxes that Revmo is required by law to collect, unless Customer provides Revmo with a valid certificate of exemption. Without prejudice to the survival of any other obligation of Customer hereunder, the obligations of Customer contained in this section will survive the payment in full of all payments hereunder.

6.3. Billing Disputes. Disputes for any charges for the Services must be made in writing to Revmo within thirty (30) days of the date of the invoice by Revmo or date of credit card charge, as applicable. Failure to provide a written statement explaining in reasonable detail the reasons for disputing the charge(s) within such time period irrevocably waives any objection and further recourse regarding such charges. Written statements disputing charges must be emailed to Revmo’s Customer Support Department at customersuccess@Revmo.ai.

7. CUSTOMER DATA & PRIVACY POLICY

7.1. Privacy. Our Privacy Policy located at https://revmo.ai/#privacy-policy/ (“Privacy Policy”) describes how Revmo collects, uses, disclosed and processes personal data when you and your Authorized Users use the Service and where Revmo otherwise acts as a “data controller” or “business” (as such terms are defined in applicable Data Protection Law).

7.2. Accuracy. You are solely responsible for the accuracy, quality and completeness of all Customer Data that you submit to the Service. To the extent Customer Data includes any information that is “sensitive information,” or similar term under applicable Data Protection Law you represent and warrant that your business has in place the systems and technology to transfer such sensitive information to Customer securely and in compliance with all laws, rules and regulations.

7.3. Ownership; License. As between the parties, you and Customer retain ownership of Customer Data, including any analytics, reports or other outputs to the extent derived from or embodying Customer Data (“Outputs”). By submitting or uploading Customer Data and by using our calculators, tools and technology to generate your Results, you hereby grant to Customer and its affiliates a non-exclusive, worldwide, transferable, sublicensable (including through multiple tiers), royalty-free license to access, host, process, modify, translate and create derivative works of Customer Data and Outputs for purposes of (a) providing the Service and, if applicable, generating Outputs and (b) securing, product/feature development and improving the Service, and for our other internal purposes (subject to the DPA).

7.4. Rights Reserved; Third Party Licenses. Except for the express licenses granted hereunder and subject to Section 8 below, as between you, Customer and Revmo, Revmo retains all right, title and interest in and to the Service and the Results, and no licenses are granted to you by implication or otherwise. Your license to access and use the Service is subject to any additional limitations or restrictions required by any third party licensors specified in the applicable documentation, Order Form, or terms applicable to Linked Services.

7.5. Data Protection. To the extent your Customer Data includes Personal Data, we will comply with our Data Processing Agreement (“DPA”) available at https://www.revmo.ai/legal/#dpa. Subject to the DPA, Customer may de-identify Customer Data and Outputs and may use such de-identified data for any purpose permitted by applicable law.

8. AI SERVICES

8.1. AI Services. To the extent you use our AI services, the following additional terms and conditions apply, notwithstanding any provisions to the contrary herein: (i) you acknowledge that all Outputs generated through the AI Services are generated, or developed through the use of generative artificial intelligence services (“AI Outputs”); (ii) we do not represent and warrant that the AI Outputs will not infringe the intellectual property or other rights of any third party, and we will not have any liability hereunder to the extent any AI outputs do or are alleged to violate the IP Rights of any third party; and (iii) you are granted a non-exclusive, worldwide, non-transferable, and non-sublicensable license to use the AI Outputs solely for the purposes set forth in this Agreement and subject to the limits set forth in this Section 8. Customer acknowledges that AI Services, including any machine learning models or algorithms, may not always provide perfect or desired outcomes. The Customer understands the inherent risks of relying solely on AI for critical decision-making without human oversight. Customer agrees to be responsible for and to conduct all such oversight, reviews, obtain consents, conduct data protection impact assessments, or otherwise ensure the lawful use of AI Services.

8.2. Compliance. Customer agrees to use Revmo AI’s AI services in an ethical manner and accordance with all applicable laws, regulations, and best practices, especially concerning data privacy, consumer protection, and non-discrimination, and the use of generative artificial intelligence services and platforms. You must use AI Services only in the context of your use of the Services and within the intended purpose and functionality of the Service. We will have no liability for your use of AI Services for unlawful or purposes not related Customer or its Authorized Users use of AI Service for purposes not contemplated hereunder.

8.3. Modification. You acknowledge that artificial intelligence technology, by its nature, may evolve and requires periodic updates and adjustments. Revmo reserves the right to modify, update, or discontinue its AI Services in accordance with technological advancements and regulatory requirements, and to limit risk to Revmo, Third Party AI Platforms, Customers or Authorized Users. Such changes will be communicated to the Customer in a timely manner.

8.4. Third Party Models. You acknowledge that our AI services may be provided in part by third party platform operating the foundational AI model and related data processing services (“Third Party AI Platform”). To provide the AI Services, we may send your Customer Data to such Third Party AI Platform for processing and you hereby authorize us to share your Customer Data with such Third Party AI Platform. You may be required to agree to supplemental terms and conditions of the Third-Party AI Platform as a condition of your use of AI Services.

8.5. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, REVMO’S LIABILITY FOR ANY CLAIMS ARISING OUT OF THE USE OF ITS AI SERVICES SHALL BE LIMITED TO DIRECT DAMAGES AND SHALL NOT INCLUDE INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

9. CONTACTING YOU

You agree that Revmo, Inc, its affiliates, and their employees, contractors, subcontractors, and other third parties acting on their behalf (collectively “Revmo Representatives”) may send you and your authorized users informational, transactional, and marketing communications, including emails, calls, text messages, and auto-dialed or computer-generated phone calls, which may utilize conversational AI technologies (which may include artificial or pre-recorded voice), via the contact information you provide when you enroll in such communications. You may receive marketing communications via email as a result of registering as an Authorized User or licensing for the Service. Marketing and promotional communications delivered via SMS or auto-dialed, pre-recorded, or artificial voice calls, will be sent to users who consent to receive such messages. You represent and warrant that you have the right to provide Revmo with the contact information and to consent on behalf of the owner of any telephone number to receive marketing or other communications through such methods. Revmo and Revmo Representatives are not responsible for any fees assessed by your cellular (or non-cellular) telephone provider for the receipt of text messages, calls, or auto-dialed communications. You may opt out of receiving messages in the manner described in our marketing communications or our Privacy Policy, including specific opt-out mechanisms for auto-dialed calls and messages utilizing conversational AI or artificial/recorded voices.

10. MODIFICATION AND DISCONTINUANCE OF THE SERVICE
We reserve the right to modify or discontinue the Service (or any portion of the Service), temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Service. YOU AGREE THAT CUSTOMER SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY IN THE EVENT THAT WE EXERCISE OUR RIGHT TO MODIFY OR DISCONTINUE THE SERVICE (OR ANY PORTION OF THE SERVICE). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to these Terms of Service.

11. SECURITY MEASURES
11.1. Generally. Revmo will apply reasonable measures designed to protect the security of the information and data uploaded by you when using the Service. You are responsible for ensuring the security of all systems used to connect to the Service, and you must comply with all data retention and security requirements applicable to you. Revmo may, in its sole discretion, take all reasonable measures to secure the Service and Content, including without limitation by disabling access to the Service for you or any user of the Service (or IP addresses), if Revmo identifies or suspects any activity involving access to or use of the Service: (i) without authorization; (ii) for unlawful or fraudulent purposes; (iii) for purposes of disrupting or damaging the Service; (iv) in a manner that violates these Terms; or (v) that otherwise presents an information security or legal risk to Customer or any individual.

11.2. Notification. Customer will notify Revmo of any activity on the Service suspected as being for unlawful purposes or otherwise in violation of these Terms of Service, including any activity to disrupt, gain unauthorized access to, or cause any damage to the Service or any Content or Customer Data. Customer will further immediately notify Customer of any incident involving the unauthorized installation or introduction of malware, viruses, ransomware, or other unauthorized code to the Service, or any unauthorized use or access to Customer Data through the Service of which you become aware, including any loss of personal information and any incident where personal information (relating to you) becomes available to unauthorized persons through the Service.

12. CONFIDENTIAL INFORMATION
12.1. Generally. Neither party will use or disclose to third parties the other’s Confidential Information (as defined below) unless permitted by this section. The party disclosing Confidential Information is the “discloser” and the party receiving confidential information is the “recipient.” In addition, “advisors” means each party’s attorneys and accountants, and any subcontractor or advisor subject to a duty of confidentiality with respect to such information that is substantially equivalent to that set forth in this MSA. “Confidential Information” is nonpublic information relating to the business, affairs or technology of the discloser or its Affiliates, including know-how and trade secrets, in any form, that are designated as “confidential” or that a reasonable person knows or reasonably should understand to be confidential, as well as this MSA. Confidential Information is provided to the recipient “as is” without any warranties of any kind.

12.2. Obligations. The recipient agrees: (a) To use the same degree of care that the recipient uses, but not less than a reasonable degree of care, to protect the discloser’s Confidential Information from unauthorized use, dissemination, publication or disclosure; (b)  to use Confidential Information only as needed for the purpose of the business relationship between the parties; (c) not to disclose Confidential Information to any third party, other than its advisors who have a need to know;  (d) not to reverse engineer, decompile or disassemble the Confidential Information, except and only to the extent that applicable law expressly permits, despite this limitation;  (e) to immediately notify the discloser of any intended or unintended unauthorized disclosure or use of any Confidential Information by the recipient or any other person or entity of which the recipient becomes aware; (f) That the discloser may seek a court order to prevent Confidential Information from becoming public in breach of this section; and (g) to return or destroy the Confidential Information of the discloser promptly following written request from the discloser or at the end of the Term, except that the recipient may retain reasonable copies of the Confidential Information as may be required by regulatory, legal or record retention requirements, or in connection with customary disaster recovery, backup, and business continuity processes, provided that any retained Confidential Information remains subject to the confidentiality obligations outlined in this MSA.

12.3. Exceptions. The obligations set forth in this section will not apply to Confidential Information: (a) that is, at the time of disclosure by the discloser, or becomes, subsequent to such disclosure, publicly available without a breach of this MSA; (b) that was lawfully known to the recipient without an obligation to keep it confidential; (c) that is received by the recipient, from a third party lawfully possessing and entitled to disclose such information; or (d) that is independently developed by the recipient or its agents and licensees without use of any Confidential Information..

12.4. Compelled Disclosure. Notwithstanding the foregoing, the recipient may share Confidential Information to the extent it that must be disclosed pursuant to applicable federal, state or local law, regulation, court order or other legal process, provided that: (a) the recipient will, where permitted by law, provide the discloser with prompt written notice so that the discloser may seek a protective order or other appropriate remedy; and (b) the recipient will furnish only that portion of the Confidential Information that is, in the reasonable opinion of its counsel, legally compelled.

13. REVMO INTELLECTUAL PROPERTY
13.1. Generally. Except for Customer Data and Outputs, everything you see, hear, or otherwise experience through this Service, including but not limited to the graphics, videos, text, software, photographs, scripts, interactive features and the like (collectively, “Revmo Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Revmo, subject to the patent, copyright, trademark, servicemark, trade secret and other intellectual property rights under United States and foreign laws and international conventions, as well as other proprietary rights in data, databases, know-how, information, processes, formulae, algorithms (collectively, “IP Rights”). Except as expressly provided herein, Revmo and its licensors owns all IP Rights in the Revmo Content, including the selection, coordination, arrangement, operation, enhancement, and functionality thereof. Any unauthorized use of any materials on this Service may violate copyright, trademark, and other laws. Except as expressly provided herein, Revmo Content on the Service is provided to you AS IS for your information and your non-commercial use as permitted under these Terms of Service.

13.2. Rights Reserved. Revmo reserves all rights not expressly granted in and to the Service and the Revmo Content. Customer and its Authorized Users may not to use, copy, download, or distribute any of the Revmo Content other than as expressly permitted herein. Customer and its Authorized Users may not incorporate the Revmo Content into, or stream or transmit the Revmo Content via any hardware or software application unless expressly permitted by Customer in writing. You may not build a business using the Revmo Content, whether or not for profit. Customer and its Authorized Users agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Revmo Content or enforce limitations on use of the Service or the Revmo Content therein, nor may you scrape or use any extraction methods to obtain any Revmo Content or data from the Service.

13.3. Feedback. Revmo may, in its sole discretion, permit Customer and its Authorized Users from time to time to submit, upload or otherwise make available to Customer or any of its representatives or agents (including through the Portal) your suggestions, feedback or recommendations regarding the performance or operation of the Service (“User Feedback”). If Customer or its Authorized Users provide any such User Feedback, Customer and its Authorized Users hereby grant to Customer a perpetual, non-exclusive, worldwide, royalty-free, fully paid-up, irrevocable, sublicensable and transferable license to use such User Feedback for any purpose permitted by applicable law.

14. REPRESENTATIONS WARRANTIES
14.1. Mutual. Each party represents and warrants to the other party that: (a) it has the power, authority and legal right to make, deliver and perform the obligations set forth herein and to its knowledge, no other agreement conflicts with the terms set forth herein; and (b) the execution of these Terms has been duly authorized and executed and is, or upon delivery will be, a legal, valid and binding obligation enforceable in accordance with its terms.

14.2. By Customer: Customer represents and warrants to Revmo as follows:

14.2.1. you have the right to provide Customer Data to for use as provided herein, including, without limitation, by providing all relevant notices and obtaining all consents and approvals required under applicable law;

14.2.2. Revmo’s use of Customer Data as requested by Customer will not breach any agreement or obligation Customer or its Authorized Users owe to any third party, nor will such processing of Customer Data violate any law, rule or regulation

14.2.3. the Customer Data, together with any other information provided to Revmo by Customer or its Authorized Users in any registration or application screen, profile, email, postings, telephone call or through other means including all personal details, contact details and all other data provided to Customer is true in all respects, up-to-date and not misleading in any way;

14.2.4. Customer and its Authorized Users will not access the Service under false identity or pretext and will not use it to falsify your or any other person’s identity (however, this will not prevent you from using an adopted name or nickname provided the name is used lawfully and in good faith);

14.2.5. Customer and its Authorized Users will use the Service lawfully, in compliance with these Terms of Service and in good faith; and

14.2.6. Customer and its Authorized Users will keep all Service log-in details and password secure and will not share such information with third parties.

15. DISCLAIMER OF WARRANTIES

15.1. DISCLAIMER. CUSTOMER AGREES THAT CUSTOMER AND ITS AUTHORIZED USERS’ USE OF THE SERVICE SHALL BE AT CUSTOMER’S SOLE RISK. THE SERVICE, THE PORTAL AND THE REVMO CONTENT, INCLUDING ALL OUTPUTS GENERATED USING THE SERVICE, ARE PROVIDED TO CUSTOMER ON AN “AS IS” BASIS. REVMO, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, OWNERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AGENTS, LICENSEES, LICENSORS AND SUPPLIERS (COLLECTIVELY, THE “REVMO PARTIES”) GIVE NO WARRANTY NOR MAKE ANY REPRESENTATION IN RELATION TO THE SERVICE, THE PORTAL OR THE REVMO CONTENT, INCLUDING THE RESULTS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE REVMO PARTIES EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, STATUTORY AND OTHERWISE IN CONNECTION WITH THE SERVICE, INCLUDING ANY IMPLIED WARRANTIES OF AVAILABILITY OF THE SERVICE, INTEROPERABILITY WITH THIRD PARTY SOFTWARE, SYSTEMS AND SERVICES, NON-DISRUPTION, SECURITY, ACCURACY, LOSS OF DATA OR CORRUPTION OF DATA, THE USE OF REASONABLE CARE AND SKILL, QUALITY, MERCHANTABILITY, TITLE OR ENTITLEMENT, FITNESS FOR A PARTICULAR PURPOSE, ABILITY TO ACHIEVE A PARTICULAR RESULT OR FUNCTIONALITY AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE REVMO PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (a) ERRORS, MISTAKES, OR INACCURACIES OF THE REVMO CONTENT, INCLUDING THE RESULTS, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION), RESULTING FROM CUSTOMER’S ACCESS TO AND USE OF THE SERVICE, (c) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR INFORMATION STORED THEREIN, (d) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (e) BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, (f) FAILURES, DISRUPTIONS, ERRORS OR DELAYS ARISING FROM THE INTERACTION BETWEEN THE SERVICE AND THIRD PARTY SOFTWARE, SYSTEMS AND SERVICES USED BY CUSTOMER; AND/OR (g) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE REVMO CONTENT OR ANY MATERIALS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE.

NOTHING IN THIS SECTION 15 IS INTENDED TO LIMIT OR MODIFY ANY EXPRESS WARRANTY GIVEN BY REVMO IN THESE TERMS OR ANY ORDER FORM AGREED BY THE PARTIES.

16. INDEMNITY

16.1. By Revmo. Revmo agrees to indemnify, defend and hold harmless Customer, its affiliates, officers, agents and employees from and against all claims, liabilities, damages, losses and expenses (including reasonable attorneys’ fees) arising from any third party claim (“Claim”) relating to infringements or misappropriation of such third party’s U.S. patent, copyright or trade secret based on Customer’s use of the Services provided to Customer under these Terms. The foregoing is Revmo’s exclusive obligation for infringement claims. If Revmo becomes aware of a Claim alleging infringement or misappropriation, or Revmo believes such a Claim will occur, Revmo may, at its sole option: (a) obtain for Customer the right to continue use of the Services or Software; (b) replace or modify the Services or Software so that it is no longer infringing; or (c) if neither of the foregoing options is reasonably available, terminate the Services, in which Revmo’s sole liability, in addition to the indemnification obligations outlined above, will be to refund to Customer a prorated amount of prepaid fees for the Services applicable to the remaining period in the then-current Service Term. Revmo’s indemnification obligations under this Section are expressly conditioned on: (i) Customer providing prompt notice to Revmo of any applicable claim; (ii) Revmo retaining the unconditional option to control the defense and settlement of any such claim; and (iii) Customer providing reasonable assistance (at Revmo’s expense) in the defense and settlement of such claim. Revmo will have no indemnification obligation for Claims arising from: (w) Customer’s or any end user’s use of the Services other than as permitted under these Terms; (x) any Customer Data, Customer-provided software or materials or third-party software or materials; (y) the combination of the Services with any products, services, hardware, data or business process not provided by Revmo; or (z) the modification of the Services by any party other than Revmo or Revmo’s agents, or modification by Revmo or Revmo’s agents in accordance with Customer’s instructions.

16.2. By Customer. Customer agrees to indemnify, defend and hold harmless the Revmo Parties from and against any claim, loss, obligation, demand, damage, cost, liability, expenses, and attorney’s fees arising as a result of or relating to any claim (including but not limited to, claims or damages for personal injury, wrongful death, property damage, and injury to you, your business or to third parties, consequential, compensatory, or punitive damages), demand or proceedings brought or threatened against the Revmo parties in connection with (a) your use of, access to, or misuse of the Service or the portal; (b) your use or misuse of any Revmo Content, including the results, (c) your breach of any of these Terms; (d) your violation of any third party right, including without limitation any IP Rights or privacy right; (e) your failure to obtain any consent, authorization, or other right necessary for us to perform the Services, including without limitation, failure to obtain consent or authorization necessary under CCPA or to access and use AI Services; (f) your use of Linked Services, or breach of any third party terms and conditions applicable to your use of Linked Services or Third Party AI Services; or (g) activity that occurs under your account as a result of your failure to maintain the confidentiality of your account credentials; in each case, provided that Customer and its Authorized Users will have no such obligation to the extent such losses are caused by Revmo’s gross negligence or willful misconduct or, in the case of a claim under (d), to the extent caused by the Service as provided by Revmo or Revmo Content.

17. LIMITATIONS ON LIABILITY

IN NO EVENT SHALL THE REVMO PARTIES BE LIABLE TO YOU, YOUR BUSINESS OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING FROM OR IN CONNECTION WITH THE SERVICE OR REVMO CONTENT OR ANY OUTPUTS, INCLUDING ANY LOSS OF PROFITS OR SAVINGS OR ANTICIPATED PROFITS OR SAVINGS, LOSS OF DATA, LOSS OF OPPORTUNITY, LOSS OR REPUTATION, GOODWILL OR BUSINESS, REGARDLESS OF (a) THE FORM OF CLAIM OR ACTION (INCLUDING ANY NEGLIGENCE OF THE REVMO PARTIES), AND (b) WHETHER DAMAGES ARE FORESEEN OR FORESEEABLE, EVEN IF SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE REVMO PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU OR YOUR BUSINESS MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM: (a) ANY SUSPENSION OR DISRUPTION OF THE SERVICE, INCLUDING WHERE SUCH SUSPENSION OR DISRUPTION RESULTS FROM THE REVMO PARTIES’ NEGLIGENCE, (b) ANY ERRORS, MISTAKES, OR INACCURACIES OF THE REVMO CONTENT OR OUTPUTS, (c) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE OR YOUR USE OF ANY REVMO CONTENT OR OUTPUTS, (d) UNAUTHORIZED ACCESS TO OR USE OF REVMO’S OR ITS AFFILIATES’ SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (e) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (f) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, (g) FAILURES, DISRUPTIONS, ERRORS OR DELAYS ARISING FROM THE INTERACTION BETWEEN THE SERVICE AND THIRD PARTY SOFTWARE, SYSTEMS AND SERVICES USED BY YOU; (h) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY REVMO CONTENT OR YOUR INTERACTIONS WITH ANY THIRD PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT REVMO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE REVMO PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU, YOUR BUSINESS OR ANY OTHER PERSON MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM YOUR BREACH OF YOUR WARRANTIES OR OTHER OBLIGATIONS UNDER THESE TERMS OF SERVICE INCLUDING, WITHOUT LIMITATION, THE OBLIGATION TO KEEP YOUR LOG-IN DETAILS AND PASSWORD SECURE OR FROM THE SHARING OF THESE DETAILS WITH ANY OTHER PERSON.

THE REVMO PARTIES’ MAXIMUM AGGREGATE LIABILITY FOR ANY SINGLE EVENT (OR A SERIES OF RELATED EVENTS) GIVING RISE TO A CLAIM IN CONNECTION WITH THESE TERMS OF SERVICE OR IN RELATION TO THE SERVICE WILL BE LIMITED TO THE AMOUNTS PAID BY COMPANY IN THE TWELVE MONTHS PRECEDING THE ACTION GIVING RISE TO SUCH LIABILITY.

18. CHOICE OF LAW, DISPUTE RESOLUTION, MANDATORY ARBITRATION AND CLASS ACTION WAIVER, AND TIME LIMIT TO BRING CLAIMS

18.1. Choice of Law. These Terms and all matters arising from or related to the Service are governed by the laws of the State of Arizona, without regard to conflict of law provisions. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the Uniform Computer Information Transactions Act (UCITA) are expressly excluded in their entirety from these Terms of Service.

18.2. Arbitration of Claims and Class Action Waiver. All claims and disputes, including all statutory claims and disputes, whether pre-existing, present or future, arising out of or relating to (a) these Terms of Service, (b) Revmo’s access to, or use, or receipt of the Service and/or Revmo Content, or (c) any other services or products provided, managed, operated, serviced, or fulfilled by Revmo, in each case, regardless when that dispute, claim or controversy arose, and regardless of the relevant legal theory (“Dispute”) will be finally resolved by binding arbitration on an individual basis in Phoenix, Arizona, USA, except that the Parties are not required to arbitrate any Dispute in which either party seeks equitable relief for alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. This means that, except for the equitable relief described in the previous sentence, neither Revmo nor Customer will sue in court before a judge or jury (unless Customer opt out of arbitration as provided below). Revmo and Customer also agree that no Dispute subject to the terms of this Section 19 will be resolved as a class or other collective action. Instead, one (1) neutral arbitrator will decide the Dispute, and the arbitrator’s decision will be final except for a limited right of appeal under the Federal Arbitration Act. The arbitrator may award declaratory or injunctive relief only for the individual claims between Revmo and Customer. Claims which will be subject to arbitration include any and all statutory, consumer protection, common law, tort, injunctive relief and equitable claims that arise from or relate in any way to Customer use of the Service. This arbitration clause will survive any termination of these Terms of Service. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Service, including, but not limited to any claim that all or any part of these Terms of Service are void or voidable.

18.3. AAA Administered. The arbitration will be administered by the American Arbitration Association (“AAA”), in accordance the Consumer Arbitration Rules then in effect, (the “Rules”), except to the extent they conflict with these Terms of Service. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The Rules are available online at www.adr.org or by calling AAA at 1-800-778-7879.

18.4. Non-Appearance for Smaller Claims. Any claims or disputes involving less than US $10,000 may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the amount sought is US $10,000 or more, the right to an in-person oral hearing will be determined by the Rules. If non-appearance arbitration is elected, the arbitration will be conducted by phone, online, written submissions, or a combination of the three, at the election of the party initiating arbitration, and the arbitration will not involve a personal appearance by parties or witnesses unless the parties mutually agree otherwise.

18.5. Arbitration Rules and Jurisdiction. The arbitrator will be bound to follow applicable federal and state laws and regulations in deciding all issues and in rendering any award. Revmo and Customer will be entitled to invoke the rules of discovery authorized by the Rules.

18.6. Finality. The arbitration proceedings will be conclusive and not appealable, and any party to any award rendered in any arbitration proceeding will be entitled to have judgment entered on that award. The number of arbitrators shall be one (1), selected in accordance with the Rules, and the language of the arbitration will be English. Unless non-appearance arbitration is elected, the arbitration will be held in Phoenix, Arizona, provided that, if Customer notify us in writing within thirty (30) days after the initial notice of arbitration is delivered by a party, Customer may elect to have the arbitration be held in Phoenix, Arizona or in any major U.S. city where the AAA arbitrator elects to hold the arbitration.

18.7. Arbitration Costs and Expenses. If Customer demand arbitration first, Customer will pay the claimant’s initial arbitration filing fees or case management fees required by the Rules up to $125 USD, and Revmo will pay any additional initial filing fee or case management fee. Notwithstanding any contrary provisions in the Rules but subject to the previous sentence, each party shall bear its own costs and expenses of the arbitration and one-half (1/2) of the fees and costs for the arbitrator unless the arbitrator determines the fees and costs should be borne by one (1) of the parties. The arbitrator may not award or assess punitive damages against either party.

18.8. Other Collective Actions Precluded. YOU, YOUR BUSINESS AND CUSTOMER EACH AGREE THAT ANY PROCEEDINGS TO RESOLVE ANY DISPUTE, INCLUDING ARBITRATION AND LITIGATION IN COURT, WILL BE CONDUCTED INDIVIDUALLY ONLY. Revmo will not, and Customer will not, seek to have any dispute heard as a class action, a class wide arbitration, a private attorney-general action, or any other proceeding in which Customer or Revmo act(s) or propose(s) to act as a representative for others. Customer and Revmo also agree that no arbitration or other proceeding will be combined with another arbitration or proceeding without the written consent of Revmo, Customer, and every other party to that arbitration or proceeding. Without the written consent of Revmo, the arbitrator may not consolidate or join more than one (1) person or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. You may opt out of the arbitration and class-actions waiver set forth above by sending a written notice of Customer decision to opt-out in accordance with this Section 19. If Customer elect to opt out, neither Customer nor Revmo can force the other to arbitrate. To opt out, Customer must notify Revmo in writing no later than thirty (30) days after first becoming subject to these Terms of Service. Customer notice must include Customer name and address, an email for notices and an unequivocal statement that Customer want to opt out of this arbitration. Send Customer notice to: Revmo LLC, legal@revmo.ai, Attention: Legal. In the event of a dispute between Customer and Revmo, to invoke Customer opt-out right, Customer must retain a copy of Customer opt-out notice, as well as proof of mailing of Customer opt-out notice within the prescribed period.

18.9. Time Limit to Bring Claims. ANY LEGAL ACTION BROUGHT BETWEEN YOU AND/OR YOUR BUSINESS, ON THE ONE HAND, AND CUSTOMER OR ANY OF THE CUSTOMER PARTIES, ON THE OTHER HAND, MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE DATE ON WHICH SUCH LEGAL CLAIMS WOULD ORDINARILY ACCRUE UNDER THE APPLICABLE STATUTE OF LIMITATIONS OR SIMILAR TEMPORAL DEADLINE FOR COMMENCING A LEGAL ACTION.

19. MISCELLENOUS

19.1. Force Majeure Events. A party will not be in breach of these Terms of Service, nor liable for any failure or delay in performance of any of its obligations under these Terms of Service (other than obligations to make payments when due, if applicable) where such failure or delay arises from or is attributable to acts, events, omissions or accidents beyond its reasonable control, including (as examples and without limitation) an act of God, fire, flood, earthquake, windstorm or other natural disaster, pandemic, epidemic or other health crisis, official health directives, whether or not mandatory, explosion or accidental damage, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions, terrorist attack, civil war, civil commotion or riots, shortage of raw materials or supplies, industrial action or strike, power outages, or electronic or communication network breakdowns (“Force Majeure Events”). If a Force Majeure Event affecting the provision of the Service by Revmo occurs, Revmo will use reasonable efforts to notify users through the Service or through its website or by email communication.

19.2. Publicity Rights. Customer may promote their use of Revmo’s Services and agrees that Revmo may identify Customer as a user of the Services on Revmo’s website or in Revmo’s business deals, press releases, marketing materials, tradeshows or other promotional materials. Upon implementation of the Services by Customer: (a) Revmo may issue a press release regarding Customer’s use of Revmo’s Services; and (b) Customer agrees to participate in a Revmo Customer case study, help with Customer references and provide quotes for marketing purposes. All press releases regarding Customer’s use of the Services will be pre-approved by Customer, which consent will not be unreasonably withheld.

19.3. Assignment. These Terms, and any rights and licenses granted hereunder, may be transferred or assigned by Customer only with Revmo’s prior written consent, but may be assigned by Revmo without restriction and without notice to Customer.

19.4. Amendment. This arbitration provision and class-action waiver may be amended from time to time in accordance with Section 1 of these Terms of Service. If Customer did not opt out of mandatory arbitration as provided above, Customer may reject any change we make to this on this Section 19 by sending us notice within thirty (30) days after first becoming subject to the amended Terms of Service. Send Customer notice rejecting the changes to: Revmo, legal@revmo.ai, Attention: Legal. In the event of a dispute between Customer and Revmo, to invoke Customer right to apply an earlier version of this Section, Customer must retain a copy of Customer rejection notice, as well as proof of mailing of Customer rejection notice during the period of time in which Customer intend to pursue any claim. Revmo reserves the right to make additional amendments to this Section 19. If Customer wish to reject additional changes to this Section, Customer must notify us in the manner indicated above for each change in accordance with the terms hereof.

19.5. EXPORT CONTROL. The transmission of applicable technical data, if any, in connection with the Service may be subject to export controls. Customer agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States.

19.6. THIRD PARTY BENEFICIARIES. YOU AND YOUR BUSINESS ACKNOWLEGE THAT EACH OF THE CUSTOMER PARTIES IS AN INTENDED THIRD PARTY BENEFICIARY OF THE RELEASES, WAIVERS AND COVENANTS GIVEN BY YOU AND YOUR BUSINESS IN SECTIONS 12, 13, 14, 15 AND 18. SUBJECT TO THE FOREGOING, NOTHING IN THESE TERMS OF SERVICE IS INTENDED TO CONFER ANY RIGHT, REMEDY, CAUSE OF ACTION OR LIABILITY ON ANY PERSON OTHER THAN CUSTOMER AND ITS SUCCESSORS AND ASSIGNS AND YOU.

19.7. No Modification. Except as expressly permitted under these Terms of Service, no modification, alteration or waiver of any of the provisions of these Terms of Service will be effective unless in writing and signed on behalf of each of the parties. No waiver of any of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Revmo’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

19.8. No Partnership or JV. Nothing in these Terms of Service will create, or be deemed to create, a partnership or joint venture and will not be construed as giving rise to the relationship of principal and agent between the parties.

19.9. Entire Agreement. These Terms of Service constitute the entire agreement between the parties and supersede all other agreements, statements, and other arrangements between the parties in relation to the subject matter hereof, except as provided otherwise herein. If any provision of these Terms of Service are held by a court or other tribunal of competent jurisdiction, to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Service, so that these Terms of Service shall remain in full force and effect. Each party acknowledges that it has not relied on or been induced to enter these Terms of Service by a representation other than those expressly set out in these Terms of Service.

DATA PROCESSING AGREEMENTS

This Revmo AI Data Processing Agreement and its Annexes (“DPA”) reflects the parties’ agreement with respect to the Processing of Personal Data by us on behalf of you in connection with the Revmo AI Subscription Services under the Revmo AI Customer Terms of Service available at https://revmo.ai/legal/#terms-of-service, as may be updated from time to time, between you and us (also referred to in this DPA as the “Agreement”).

1. Definitions. In this Agreement, these terms will have the following meanings:

“Controller” means a person that, either alone or with another person, determines the purposes and means of Processing Personal Data, and includes a “Business” as defined by CCPA.

“Data Incident” means any unauthorized destruction, loss, alteration, disclosure, acquisition or use of, or access to, Personal Data Processed under this Agreement.

“Data Protection Laws” means all state, federal, national, or international laws, rules, and regulations applicable to the Personal Data Processed under this Agreement. Data Protection Laws may include, without limitation: EU Regulation 2016/679 (“EU GDPR”), EU Directive 2002/58/EC (the “ePrivacy Directive”), and any laws, regulations, or rules implementing the foregoing, or implemented in European Union Member States thereunder, and any successor directives or regulations thereof then in effect, the UK Data Protection Act 2018, the UK GDPR (as defined in the Data Protection Act 2018), the UK Privacy and Electronic Communications (EC Directive) Regulations 2003; the Swiss Data Protection Act 2020 (collectively “European Data Protection Laws”); the then-current version of the Payment Card Industry Data Security Standard (“PCI-DSS”); and Cal. Civ. Code §§ 1798.80 et seq., 1798.100 et seq. and its implementing regulations (“CCPA”).

“Data Subject” means any natural person to whom, or household to which, Personal Data relates.

“Personal Data” means any Customer Data that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Data Subject, including without limitation, all information defined as “Personal Information” or analogous definitions in applicable Data Protection Laws. “Personal Data” does not include data that has been anonymized such that it no longer identifies and cannot be reasonably used to identify any Data Subject.

“Processing” or “Processed” or “Processes” means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure, transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

“Processor” means a person, to the extent that person Processes Personal Data on behalf of a Controller, including persons defined as “Service Providers” or similar under analogous definitions under applicable Data Protection Laws.

2. Compliance. Revmo will comply with all applicable Data Protection Laws, as well as all other laws, rules and regulations applicable to Revmo’s Processing of Personal Data.

3. Controller/Processor. The parties intend for Customer to act as the Controller, and Revmo to act as the Processor with respect to the Personal Data Processed under the Terms of Service and this Agreement.

4. Processing Purpose/Limitation. Customer authorizes Revmo to Process Personal Data: (a) as necessary to provide the Services, subject to the specifications and limitations set forth in the Terms of Service and this Agreement; and (b) as otherwise mutually agreed in advance and in writing. Revmo will not (y) sell (as defined in applicable Data Protection Laws) or share (as defined in CCPA), or (z) retain, use, or disclose any Personal Data for commercial purposes or any purpose other than the direct business relationship between the parties, or for the purpose of providing services to another person or entity except: (i) as necessary to fulfill Customer’s authorized business purposes as provided herein; or (ii) as otherwise required by applicable law or regulations, provided Revmo notifies Customer of such legal requirement before Processing (unless the law prohibits such disclosure on public interest grounds). Revmo may not combine Personal Data received from or Processed on behalf of Customer with Personal Data it receives from or on behalf of third parties, except that Revmo may combine Personal Data to perform any business purpose (as defined by CCPA), and to the extent such combination is authorized under the Terms of Service or Data Protection Laws.

5. Authorized Persons. Revmo will ensure that persons authorized by Revmo to Process the Personal Data, including without limitation all approved Subprocessors (as defined below), are under an appropriate contractual or statutory obligation of confidentiality with respect to such Personal Data.

6. Subprocessing. Revmo may appoint additional Processors to Process Personal Data on Revmo’s behalf or perform its obligations under the Terms of Service (“Subprocessor”). Revmo will notify Customer of any new or modified Subprocessors as soon as reasonably practicable following Revmo’s decision to engage or change such Subprocessor, and in any event, prior to such Subprocessor’s Processing of Personal Data. Customer shall have the right to object to the engagement of such Subprocessor for reasonable cause. Revmo shall authorize Subprocessors to Process Personal Data only to the extent necessary to perform the Subprocessor’s obligations. Revmo accepts liability for, and shall remain liable to Customer with respect to any such third parties’ Processing of Personal Data.

7. Deletion and Retention. Revmo will cease Processing Personal Data upon the earlier of: (a) the termination or expiration of Revmo’s obligations under the Terms of Service (including without limitation any data retention obligations); or (b) the written request of the Customer. In each case, Revmo will, at Customer’s option, either return or delete such Personal Data. The foregoing obligations shall not apply to the extent and for so long as Revmo is required to retain such Personal Data under applicable law or regulations, pursuant to its obligations under the Terms of Service which survive such expiration/termination, and to the extent stored in connection with reasonable backup and disaster recovery processes conducted in the ordinary course of business. Revmo’s obligations under this Agreement shall survive any termination of the Terms of Service or this Agreement for so long as Revmo remains in possession or control of, has access to, or otherwise Processes Personal Data.

8. Security. Revmo shall implement appropriate technical, organizational, and physical security measures to ensure a level of security appropriate to protect Personal Data from unauthorized access, use, modification, disclosure, or other Processing.

9. Data Incidents. Revmo shall take appropriate and all necessary steps to investigate, contain, remediate the cause, and mitigate any immediate risks to Personal Data arising from any Data Incident. Revmo shall notify Customer without undue delay if Revmo confirms a Data Incident. Revmo will provide, subject to reasonable confidentiality obligations and redactions of privileged information, appropriate information available regarding the scope, nature, and effects of the Data Incident and affected Data Subjects. Revmo shall assist Customer with any updates or further information on Customer’s reasonable request, and as required to fulfill the parties’ obligations Data Protection Laws.

10. Data Subject Rights. Customer will promptly notify Revmo of any inquiry or notice from any supervisory authority regarding a party’s Processing of Personal Data under this Agreement or compliance with applicable Data Protection Laws. To the extent Customer cannot fulfil a request itself using the tools available in the Hosted Services, Revmo will cooperate as reasonably necessary, including through the use of appropriate technical and organizational means, to assist Customer in the fulfilment of its obligations in relation to a Data Subject’s request to exercise their rights in Personal Data, or in connection with any response to Data Subjects or supervisory authorities.

11. International Transfers. Customer authorizes Revmo’s Processing of Personal Data without limitation in the United States as required pursuant to the Terms of Service. Revmo shall ensure that Personal Data remains adequately protected to the extent required under applicable Data Protection Laws. On written request of Customer, the parties shall negotiate in good faith any further agreements or supplemental measures which may be required under applicable Data Protection Laws in relation to the international transfer of Personal Data prior to any such transfer.

12. Assistance. To the extent necessary in relation to Revmo’s Processing of Personal Data hereunder, Revmo will provide reasonable assistance to Customer with any data protection impact assessments or any prior consultations with supervisory authorities which may be required under applicable Data Protection Laws.

13. Compliance Information. Revmo shall keep complete records that are sufficient to demonstrate Revmo’s compliance with the Data Protection Laws throughout the Term.

14. Audits. Revmo agrees to permit Customer, not more than once every twelve (12) months (except in the event of a Data Incident or request of a component regulatory authority), to conduct an assessment of Revmo’s compliance with this Agreement. The parties agree that this obligation is fulfilled by Revmo making available, upon request, and subject to appropriate redactions and confidentiality obligations, Revmo’s then-current independent third-party certifications or audit reports, answering reasonable questionnaires from Customer, and providing other relevant documentation necessary to demonstrate compliance. If, and solely to the extent the foregoing are insufficient to demonstrate Revmo’s compliance with this Agreement, or where further reviews or audits are required by Data Protection Laws, the parties shall negotiate in good faith regarding the scope and nature of such reviews and audits, provided that any such reviews/audits: (a) shall be limited to the extent necessary for Revmo to demonstrate compliance with this Agreement or comply with the requirements of Data Protection Laws or request of the competent supervisory authority; (b) may be limited, in Revmo’s reasonable discretion, to the extent necessary to avoid disclosure of third party confidential information; (c) shall be subject to any relevant requirements or limitations of Revmo’s authorized Subprocessors; and (d) shall be conducted on no less than two weeks’ prior notice, in good faith, with minimal disruption, and during normal business hours.

15. Non-Compliance Notice. Revmo will promptly inform Customer if, in its opinion, an instruction of Customer violates any Data Protection Laws. Further, in the event Revmo (or Subprocessor or other third party to whom Revmo discloses Personal Data) becomes aware that it is unable to comply with applicable Data Protection Laws, Revmo shall promptly notify Customer and either (a) promptly take all steps necessary to comply with all applicable Data Protection Laws, or (b) cease Processing Personal Data to the extent not compliant with applicable Data Protection Laws.

16. Priority. To the extent of any inconsistency or conflict among the following, the order of precedence shall be: (a) this Agreement; and (b) the Terms.

17. Changes. In the event of any change in the Data Protection Laws, the parties will negotiate in good faith toward an agreement on any additional contractual terms which may be required following such change.

REVMO PRIVACY POLICY

Last modified and effective: April 16, 2024

1.welcome!

We take your privacy seriously and we know you do too. This Privacy Policy (“Policy”) describes how we collect, use, and share Personal Data, your Rights & Choices, and other important information about how we handle your Personal Data.

2. Scope of this policy

This Policy applies to your use of our “Service” which includes: www.revmo.ai, and any website where we post these Terms, and any subdomains and mobile versions thereof (the “Website”), as well as the Revmo platform, mobile application (“Mobile App”), portal, and related client services (the “Platform”), as well as our online products or services, marketing emails, advertisements, or other similar services. 

Please read our Policy carefully before accessing or using the Service. Accessing or using the Service indicates that you acknowledge the processing described in this Policy. If you do not accept this Policy, do not access or use the Service. Your use of our Service is also subject to our  .

Please note: We provide certain services and process information on behalf of Clients that have entered into an agreement with us (our “Clients”). We process data on behalf of our Clients as a “service provider” or “processor” and is outside the scope of this Policy. Contact the Client for more information regarding their processing of your Personal Data.

Similarly, we may link to third party sites, services, or applications (e.g. payment processor). This Policy reflects only how we process Personal Data through our Services. This Policy does not apply to information processed by or on behalf of our Clients or any other third party. We neither can control nor are responsible for the privacy practices or content of websites or apps operated by any third party. Please see the third party’s privacy policy for more information.

3. Contact us

This Service is operated by Revmo AI, Inc. (“Revmo,” “Company,” “us,” “our,” or “we”), a company registered in Delaware with an address of 200 E Van Buren – Floor 3, Phoenix, AZ 85004.

To contact us, please email us at: cs@revmo.ai

4. Categories and Sources of Personal Information

Personal Data We Collect

To provide our Service, we may collect and use information that is defined as Personal Data under applicable privacy laws (“Personal Data”). We collect and use the following categories of Personal Data (note, specific Personal Data elements are examples and may change):

Audio/Visual Data

Image files and records with your name or likeness, such as profile photos, or audio such as voicemails, call recordings, and the like.

Biographical Data

Data relating to professional and employment history, qualifications, and similar biographic information.

Contact Data

Information about you and used to contact you, such as email address, mailing address, or phone number.

Device/Network Data

Personal Data relating to your device, browser, or application e.g. device identifiers, IP address, identifiers from cookies, session history and Service use metadata, and other data generated through applications and browsers, including via cookies and similar technologies.

General Location Data

Non-precise location data, e.g. location information derived from IP addresses.

Identity Data

Information such as your name, account login details, or other account handles/usernames.

Inference Data

Personal Data we create or use as part of a profile reflecting your preferences, characteristics, aptitudes, market segments, likes, favorites or interests.

Transaction Data

Information about transactions you make with us through our website and similar information.

Sensitive Personal Data

Personal Data deemed “sensitive” under data protection laws. For example, if you provide or make available such information in Chats, prompts, or other User Content we may process data that qualifies as, or may be deemed relating to, the following categories of Sensitive Personal Data:

·        Payment Data

– Information such bank account details, or payment card information and relevant information in connection with financial transactions.

User Content

Personal Data included in content provided by users of the Service in any free-form or unstructured format, such as a “contact us” box, or other free text field, file, document, or message to us.

How We Collect Personal Data

We collect Personal Data from various sources based on the context in which the Personal Data will be used:

Data we collect from you

We collect Personal Data from you directly, for example, when you create an account, fill out a form, or contact us.

Data collected automatically

We may collect certain Personal Data automatically. For example, we collect Device/Network Data automatically using cookies and similar technologies when you use our Service, access our Service, or when you open our Marketing Communications.

Data we receive from service providers

We receive Personal Data from service providers performing services on behalf of Revmo.

Social Media Companies

Data we create and infer

We, certain partners and third parties create and infer Personal Data such as Inference Data based on our observations or analysis of other Personal Data used under this Policy, and we may correlate this Personal Data with other information we use about you.

5. How we process Personal Data

Our Website

Generally

We process Device/Network Data, General Location Data, Identity Data, and Inference Data when you use our Website. We process this Personal Data as necessary to operate our Website, such as keeping you logged in, delivering pages, etc., for our Business Purposes, and our other legitimate interests, such as ensuring the security of our website, and other technology systems and analyzing navigation patterns, clicks, etc. to help understand and make improvements to the Website.

We may process this Personal Data for our Business Purposes and Targeted Advertising.

Cookies and Similar Tracking Technologies

We process Device/Network Data, Contact Data, Identity Data, Inference Data, Transaction Data, and General Location Data in connection with our use of cookies and similar technologies on our Website. We may collect this data automatically.

We and authorized third parties may use cookies and similar technologies for the following purposes:

  • for “essential” purposes necessary for our Service to operate (such as maintaining user sessions, content delivery, and the like);

  • for “functional” purposes, such as to enable certain features of our Service (for example, to allow a Client to maintain a logged-in session);

  • for “analytics” purposes and to improve our Service, such as to analyze the traffic to and on our Service (for example, we can count how many people have looked at a specific page, or see how visitors move around the Service when they use it, to distinguish unique visits/visitors to our Service, and what website they visited prior to visiting our Service, and use this information to understand user behaviors and improve the design and functionality of the Service);

  • for “retargeting,” Targeted Advertising, or other advertising and marketing purposes, including technologies that use Inference Data or other data so that we can deliver, buy, or target advertisements about our Service to you, or which are more likely to be of interest to you; and

  • in connection with our integration with “social media” services e.g. via third-party social media cookies, or when you share information using a social media sharing button or “like” button on our Services or you link your account or engage with our content on or through a social networking website such as Facebook or LinkedIn. These services may also engage in Targeted Advertising.

We may also process this Personal Data for our Business Purposes and Targeted Advertising

Please note: We use Google Analytics on our Services. In some cases third parties, including Google, may view, edit, or access data directly from you as a result of cookies and similar technologies in use on our Services. We, or third party providers, may be able to use these technologies to identify you across platforms, devices, sites, and services. Third parties have their own privacy policies and their processing is not subject to this Policy.

See the “Rights and Choices” section below for information regarding opt-out rights for cookies and similar technologies.

Our Platform

Generally

We automatically collect and process Device/Network Data, General Location Data, Contact Data, and Inference Data when you access and use the Revmo Platform, our portal, Mobile Apps, and related Client services (our “Platform”). We use this Personal Data as necessary to operate our Platform, such as keeping you logged in, delivering the content and performing the functions and services you request, for information security operations, and our other Business Purposes. We do not sell or “share” Personal Data processed in this context.

Our Mobile App may request access to your device’s contacts (“Device Contacts”). Device Contacts are processed only on your device in order to identify callers on your phone. We do not transmit Device Contacts to our server or share that data any third parties. Our Mobile App may also allow you to access and sync with calendars on your device. We use calendar permissions to allow you to create and view events on your calendar. Data is only shared with users that created or are invited to an event.

Our use of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.

Account Registration

We process Identity Data, Inference Data, Biographical Data, Device/Network Data, and Contact Data when you register and create an account on the Platform. We process Payment Data if you associate payment information with that account, and we may process User Content and Audio/Visual Data if you provide it. Subject to your rights and choices under applicable law, we use this Personal Data to create and maintain your account, to provide the products and services you request, and for our Business Purposes. We do not sell or “share” or process Payment Data for Business Purposes not permitted under applicable law.

Please note, your organization may direct us to limit or control aspects of your account as set forth in the Client Agreement.

Single Sign-On and Linked Accounts

We process Identity Data, Inference Data, Contact Data, and Device/Network Data when you link your Google or other online service account to our Platform in connection with single sign-on (SSO). We may receive this Personal Information, as well as other information, from the service providers that provide the SSO service. The information we receive may vary based on provider, as well as your privacy settings. We process this Personal Information to confirm your identity, establish your account, grant you access to our Services, and for our Business Purposes.

Support & Implementation

We may process Identity Data, Contact Data, User Content, and Device/Network Data in connection with our support and implementation services and administration of our Clients use of our Platform. We process this Personal Data as necessary to perform Services on behalf of our Clients, or for our Business Purposes.

Purchases and Transactions

We process Transaction Data, Identity Data, Payment Data, Inference Data, and Contact Data when you purchase a subscription or complete other payments transactions through our Service. We do not store your Payment Data unless you associate it with your user account on our Platform.

We use this Personal Data as necessary to perform or initiate a transaction with you, process your order, payment, or refund, carry out fulfillment and delivery, document transactions, and for our Business Purposes.

Marketing communications

We process Device/Network Data, Contact Data, Identity Data, and Preference Data in connection with marketing communications (e.g. emails, SMS, push notifications, telemarketing, or similar communications) and when you open or interact with those communications (“Marketing Communications”).

You may receive Marketing Communications if you consent and, in some jurisdictions where permitted by law, as a result of account registration, purchase, or other inquiry or transaction that allows us to send marketing communications without consent. Marketing communications will include information such as offers, newsletters, and other information relating to our services or promotional material we believe will interest you.

We process this Personal Data to contact you about relevant products or services and for our Business Purposes and Targeted Advertising. See your Rights & Choices for more information about how to opt out of Marketing Communications.

Contact Us

When you contact us though the Service via email we use Contact Data, Device/Network Data, User Content, and any Personal Data contained within any User Content. We use Contact Data and User Content as necessary to communicate with you about the subject matter of your request and related matters. We may also use this Personal Data for our Business Purposes.

6. Purposes of use

Business Purposes

In addition to the uses described above, we generally use Personal Data for several common purposes in connection with our business (“Business Purposes”). Please see below for more information regarding the purposes for which we use your Personal Data.

Operate our Service and Fulfill Obligations

We use any Personal Data as is necessary to provide the Service, and as otherwise necessary to fulfill our obligations to you, e.g. to provide you with the information, features, and services you request.

Internal Processes and Service Improvement

We may use any Personal Data we process through our Service in connection with the development, operation, improvement, and maintenance of the Service, to determine how the Service is used or functions, for Client service purposes, in connection with the creation and analysis of logs and metadata relating to Service use, and for ensuring the security and stability of the Service. Additionally, we may use Personal Data to understand what parts of our Service are most relevant to users, how users interact with various aspects of our Service, how our Service performs or fails to perform, etc., or we may analyze use of the Service to determine if there are specific activities that might indicate an information security risk to the Service or our users.

Analytics

We use Personal Data as necessary in connection with our creation of analytics relating to how our Service is used, the pages and content users view, and the creation of reports regarding the use and performance of our Service and other similar information and metrics.

Compliance, Safety & Public Interest

Note that we may, without your consent or further notice to you, and to the extent required or permitted by law, use any Personal Data subject to this Policy for purposes determined to be in the public interest or otherwise required by law. For example, we may use information as necessary to fulfil our legal obligations, to protect the vital interests of any individuals, or otherwise in the public interest or as required by a public authority. Please see the data sharing section for more information about how we disclose Personal Data in extraordinary circumstances.

Corporate Events

Your Personal Data may be used or shared as part of routine corporate operations, as part of corporate reorganizations, or any business transition, such as a merger, acquisition, liquidation, or sale of assets.

Other Uses of Personal Data

If we use Personal Data in connection with our Service in a way not described in this Policy, this Policy will still apply generally (e.g. with respect to your rights and choices) unless otherwise stated when you provide it.

Targeted Advertising

7. Data Sharing

Information we collect may be shared with a variety of parties, depending upon the purpose for and context in which that information was provided. We generally transfer data to the categories of recipients or in connection with Business Purposes, as described below.

Vendors and Service Providers

In connection with our general business operations, service improvements, enablement of certain features, and other lawful business interests, we may share Personal Data with vendors, licensors, service providers, and subprocessors who provide certain services to us or process data on our behalf. For example, we use third party hosting providers to host our Service or Content, and we may disclose information as part of our own internal operations, such as security operations, internal research, etc.

Clients

If you access and use the Platform, we may share your Personal Data with Clients on whose behalf we operate the accounts. For example, User Content you submit through the Platform, user account information, logs, and similar may be shared with the Client, e.g. for operational or security purposes.

Advertisers, and Social Media Platforms

We may share certain Personal Data with social media platforms, advertisers, ad exchanges, data management platforms, and the like in support of our Business Purposes and Targeted Advertising. We may allow these third parties to operate on or through our Services. These parties may be third party controllers, and may have their own privacy policies and their processing is not subject to this Policy.

Corporate Events

Your Personal Data may be disclosed to a third party in the event that we consider or go through a business transition, such as a merger, acquisition, liquidation, or sale of all or a portion of our assets. For example, Personal Data may be part of the assets transferred, or may be disclosed (subject to confidentiality restrictions) during the due diligence process for a potential transaction.

Affiliates; Successors

To streamline certain business operations and develop services that better meet the interests and needs of our Clients, we may share your Personal Data with any of our current or future affiliated entities, subsidiaries, and parent companies.

Legal Disclosures

In limited circumstances, we may, without notice or your consent, access and disclose your Personal Data, our correspondence with you, and any other information that we may have about you to the extent we believe such disclosure is legally required, to prevent or respond to a crime, to investigate violations of our Terms of Use, or in the interests of us or any person. We may, in our sole discretion (but without any obligation), object to the disclosure of your Personal Data to such parties.

8. YOUR Rights & Choices

Your Rights

You may have certain rights and choices regarding the Personal Data we process. Please note, these rights may vary based on where you reside, and our obligations under applicable law. See the following section for more information regarding your rights/choices in specific regions. See below for more information.

Note: we are able to fulfill rights requests regarding Personal Data that we control or use. We may not have access to or control over Personal Data controlled by third parties. Please contact the third party directly to exercise your rights in third party-controlled information.

Verification Requirements

All rights requests we receive directly must be verified to ensure that the individual making the request is authorized to make that request, to reduce fraud, and to ensure the security of your Personal Data. For example, we may require that you verify that you have access to the email on file in order to verify your identity. If an agent is submitting the request on your behalf, we reserve the right to validate the agent’s authority to act on your behalf.

Your Choices

You may have the following choices regarding the Personal Data we use, to the extent required under applicable law:

Changing Your Information

To change your information, please see your account settings or contact us at cs@revmo.ai

Closing Your Account

If the email account associated with your email address is not active, we may remove it from our system without notice. To close your account, please see your account settings or email us at cs@revmo.ai

Consent

If you consent to our use of Personal Data, you may withdraw your consent at any time. You may be required to close your account to withdraw consent where your consent is necessary to perform essential aspects of our Service.

Cookies & Similar Technologies

If you do not want information collected through the use of cookies and similar technologies, you can manage/deny cookies and certain similar technologies using your browser’s settings menu. You must opt out of the use of some third party services directly via the third party. For example, to opt-out of Google’s analytic and marketing services, visit Google Analytics Terms of Use, the Google Privacy Policy, or Google Analytics Opt-out.

Users in the United States may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page for information about opting out of interest-based advertising and their choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative (“NAI”)  Consumer Opt-Out Page for information about opting out of interest-based advertising and their choices regarding having information used by NAI members.

Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising on other websites. You may continue to receive our advertisements, for example, based on the particular website content that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA or NAI websites, your opt-out may not be effective. Additional information is available on the DAA’s website at www.aboutads.info or the NAI’s website at www.networkadvertising.org.

Do Not Track

Our Services do not respond to your browser’s do not track signal.

9. Security

We implement and maintain commercially reasonable security measures to secure your Personal Data from unauthorized use. While we endeavor to protect our Service and your Personal Data against unauthorized access, use, modification and disclosure, we cannot guarantee that any information, during transmission or while stored on our systems, will be absolutely safe from intrusion by others.

10. Children

Our Services are neither directed at nor intended for use by persons under the age of 13 or the age of minority in your local jurisdiction. We do not knowingly collect information from such individuals. If we learn that we have inadvertently done so, we will promptly delete such Personal Data if required by law. Do not access or use our Services if you are not 18 of the age of majority in your jurisdiction unless you have the consent of your parent or guardian.

11. Data Retention

We retain Personal Data for so long as it is reasonably necessary to achieve the relevant purposes described in this Policy, or for so long as is required by law. What is necessary may vary depending on the context and purpose of use. We generally consider the following factors when we determine how long to retain data (without limitation):

  • Retention periods established under applicable law;

  • Industry best practices;

  • Whether the purpose of use is reasonably likely to justify further use;

  • Risks to individual privacy in continued use;

  • Applicable data protection impact assessments;

  • IT systems design considerations/limitations;

  • The safety, security, and usability of our products and service; and

  • The costs associated with continued use, retention, and deletion.

We will review retention periods periodically and may pseudonymized or anonymize data held for longer periods. 

12. Links to third-party websites or Applications

This Policy applies only to our Service. The Service may contain links to other websites or apps or may forward users to other websites or apps that we may not own or operate and to which this Policy does not apply. The links from the Service do not imply that we endorse or have reviewed these websites or apps. The policies and procedures we describe here do not apply to these websites or apps. We neither can control nor are responsible for the privacy practices or content of these websites or apps. We suggest contacting these websites or app providers directly for information on their privacy policies. Nonetheless, we seek to protect the integrity of the Service and welcome any feedback about these linked websites and mobile applications.

13. International Transfers

We operate in and use service providers located in the United States and Singapore, and may operate our Services using services in other jurisdictions from time to time. If you are located outside the U.S., your Personal Data may be processed in the U.S. and Singapore and other jurisdictions where we operate. These jurisdictions may not provide the same legal protections guaranteed to Personal Data in your home country.

14. Changes to our Policy

We may change this Policy from time to time. Please visit this page regularly so that you are aware of our latest updates. Your use of the Service following notice of any changes indicates acceptance of any changes. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to this Policy.

15. Regional SUPPLEMENTS

US STATES/CALIFORNIA

Scope

This section applies to individuals located in the United States, to the extent users have such rights under applicable law.

U.S. State Privacy Rights & Choices

To the extent U.S. state privacy laws apply to us, some residents of applicable U.S. states may have the following rights, subject to regional requirements, exceptions, and limitations. Please note, in some cases, to exercise your rights, you may be required to close or delete your account.

Confirm

Right to confirm whether we process your Personal Data. 

Access/Know

Right to request any of following: (1) the categories of Personal Data we have collected, sold/shared, or disclosed for a commercial purpose; (2) the categories of sources from which your Personal Data was collected; (3) the purposes for which we collected or sold/shared your Personal Data; (4) the categories of third parties to whom we have sold/shared your Personal Data, or disclosed it for a business purpose; and (5) the specific pieces of Personal Data we have collected about you.

Portability

Right to request that we provide certain Personal Data in a common, portable format. 

Deletion

Right to delete certain Personal Data that we hold about you.

Correction

Right to correct certain Personal Data that we hold about you.

Opt-Out (Sales, Sharing, Targeted Advertising, Profiling)

Right to opt-out of the following: 

  • If we engage in sales of data (as defined by applicable law), you may have the right to direct us to stop selling Personal Data.

  • If we engage in Targeted Advertising (aka “sharing” of Personal Data or cross-context behavioral advertising,) you may have the right to opt-out of such processing. 

  • If we engage in certain forms of “profiling” (e.g. profiling that has legal or similarly significant effects), you may have the right to opt-out of such processing.

Opt-out or Limit Use and Disclosure of Sensitive Personal Data

Right to opt-out of the processing of certain Sensitive Data, or request that we limit certain uses of Sensitive Personal Data, if we collect it. This right does not apply in cases where we only use Sensitive Personal Data where necessary, or for certain business purposes authorized by applicable law. You may be required to delete Chat history or prompts containing Sensitive Data in order to limit the use of this data.

Non-Discrimination

Individuals have the right to not receive discriminatory treatment as a result of their exercise of rights in their Personal Data.

List of Direct Marketers

California residents may request once per year a list of Personal Data we have disclosed about you to third parties for direct marketing purposes during the preceding calendar year, if we have done so.

Submission of Requests

You may submit requests by contacting us via email to our privacy team at cs@revmo.ai (please review our verification requirements section). If you have any questions or wish to appeal any refusal to take action in response to a rights request, contact us at cs@revmo.ai. We will respond to any request to appeal within the period required by law.

REVMO TERMS OF USE

Effective Date: April 16, 2024

1. Binding Contractual Terms

This Service is operated by Revmo AI, Inc. (“Revmo,” “Company,” “us,” “our,” or “we”), a company registered in Delaware with an address of 200 E Van Buren, Floor 3, Phoenix, AZ 85004. These Terms of Use (“Terms“) set forth the terms and conditions under which you are authorized to use our Service” which includes: www.revmo.ai, and any website where we post these Terms, and any subdomains and mobile versions thereof (the “Website”), as well as the Revmo platform, mobile application (“Mobile App”), portal, and related client services (the “Platform”), as well as our online products or services, marketing emails, advertisements, or other similar services.

Authorized users of the Platform (“Platform Users”) access the Platform subject to an agreement between us and our Clients (“Client Agreement.”) The Client Agreement controls to the extent of any conflict with these Terms.

We will also collect and process personal data as set forth in our  . If you do not agree to these Terms do not use our Service.

Note, these Terms are subject to change from time to time, as described further below. You agree to the most recent Terms through your continued use of our Service.

GENERAL ARBITRATION NOTICE

IF YOU ARE A USER OF OUR WEBSITE (EXCLUDING PLATFORM USERS ACCESSING THE PLATFORM ON BEHALF OF A CLIENT PURSUANT TO AN CLIENT AGREEMENT), THESE TERMS INCLUDE AN AGREEMENT TO ARBITRATE, AND YOU WAIVE YOUR RIGHT TO BRING CLAIMS IN COURT, BEFORE A JURY, AND ON A CLASS BASIS OR AS PART OF SIMILAR COLLECTIVE ACTIONS. PLEASE SEE THE “DISPUTE RESOLUTION” SECTION BELOW FOR ADDITIONAL INFORMATION. THIS AGREEMENT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH REVMO, NO MATTER WHEN ARISING OR ASSERTED, THROUGH BINDING INDIVIDUAL ARBITRATION (WITH LIMITED EXCEPTIONS). YOU ACKNOWLEDGE AND AGREE THAT YOU AND REVMO EACH WAIVE THE RIGHT TO A TRIAL BY JURY, AND THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

2. Third Party Services and Content

The Service may contain links to third party websites and online services (such as Client websites) that are not owned or controlled by Revmo. Revmo has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or online services, and you access and use these websites or online services solely at your own risk. These links are not endorsements, sponsorship or recommendation of the material on these third-party websites or online services or any association with their operators.

3. Changes to Services

We reserve the right to modify or discontinue the Service (or any portion of the Service), temporarily or permanently, with or without notice to you, and are not obligated to support or update the Service. Unless explicitly stated otherwise, any new features of Service will be subject to these Terms.

4. Changes to our Terms

We may change these Terms at any time by posting an updated version on our Service. Please review the Terms each time you visit the Service. BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THESE TERMS. Any amended version of the Terms supersedes and replaces the prior version of the Terms.

5. Your Representations

As a condition of your right to use our Websites, you represent that you must be at least 18 years of age. You warrant that you are not a person barred from accessing the Websites under the laws of the United States or any other country, or pursuant to these Terms.

6. Use of our platform

Client Users may be required to create an account and specify a password in order to use certain services or features on our Service. You must provide truthful and accurate information, and update your account to reflect any changes.

Client User accounts may be assigned to you by an administrator, such as your employer. Additional terms may apply to Client Users’ use of our Services, including any Client Agreement. Your administrator may be able to access or disable your account without our involvement.

You may not share Client User account credentials with anyone else. Please keep your password confidential, and do not to use it on other websites. If you believe that your account has been compromised at any time, please notify your system administrator.

Our Platform includes marketing and artificial intelligence features. You are responsible for your use of these service, including the responsible and compliant uses of artificial intelligence tools, ensuring you have consent to send marketing messages (whether via email, SMS or otherwise), and other features of the Platform. We may suspend Client User accounts that do not comply with these Terms.

7. Restricted activities

When you use the Service, you must comply with all laws, and you may not use the Service in an inappropriate manner, or in way that will harm us, our Clients, or any third party. You must not (without limitation):

  • use the Service for any purpose other than for using the features and functions that are part of your subscription, your access rights, or that we intentionally make available to you;

  • copy, download, distribute, reverse engineer, or attempt to derive any source code, algorithm, model, or other non-public proprietary (including trade secrets) component of the Service (except for Your Content) in any way without the prior written authorization of Revmo;

  • attempt to extract or retrieve any training data, or other data filtered, blocked, or otherwise not made available through the normal use of the Service;

  • alter, modify or make derivative works from any part of the Service (other than Your Content) without the prior written authorization of Revmo;

  • resell or attempt to license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party, all or any part of the rights granted to you under these Terms, or the Service, in whole or in part;

  • modify, copy, distribute, download, scrape, use to train software or artificial intelligence, or transmit in any form or by any means any Content from the Service other than Your Content;

  • provide false personal information or create an account for anyone other than yourself without permission;

  • create another account without our permission if we have disabled your account;

  • share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account;

  • assign or transfer your account or login information to anyone;

  • use web crawlers, robots, web scutters, ants, automatic indexers, bots, worms, and other such devices in connection with the Service; provided, however, that general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Service are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent;

  • post, transmit or submit without authorization any sensitive or confidential information (including social security or alternate national identity numbers, non-public phone numbers or non-public email addresses), or any false, misleading, unlawful, infringing, threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, inflammatory, scandalous, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law;

  • upload, download, post, email or otherwise transmit any material that may infringe copyright, patent, trademark, trade secret, or other intellectual property, proprietary, or privacy rights of any party;

  • use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use of the Service;

  • obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Service;

  • impersonate or misrepresent any person or entity or your affiliation with someone else;

  • collect personal information of other users;

  • harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications;

  • remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Service;

  • solicit other users to join, become members of, or contribute money to any online service or organization other than Revmo;

  • post or transmit any worms, viruses, Trojans, or other harmful, disruptive, or destructive files, code, or programs to the Service;

  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;

  • stalk, bully, or otherwise harass any person or entity; or

  • harm minors in any way.

8. Users who violate the Terms

Revmo may, at its sole discretion, disable, partially disable, or terminate the accounts of any users who violate these Terms, including, (without limitation) if: (1) Your Content infringes copyrights, trademarks, rights of publicity, or other intellectual property rights, especially if they do so repeatedly, (2) you or a Client fail to pay any applicable fees, (3) you provide false or inaccurate account or payment information; (4) you breach these Terms; (5) you violate our policies applicable to the Services or those of any Client; and (6) users who misuse or challenge Revmo’s rights in the Your Content.

9. Content

You or may provide or make available to the Service certain content or material, e.g. prompt, text, interactions, ratings, reactions, seeds, profile information, images, or similar inputs (“Inputs”). The service will automatically generate text or content derived from your Inputs (“Outputs” and together with Inputs “Your Content”). We are not responsible for Inputs submitted through your account, including verifying that you have all rights to the inputs and other licenses, rights, title, or interest in and to the Inputs as necessary for us to use the Inputs as specified in these Terms, and to grant the licenses herein or by any Client Agreement. Subject to the licenses granted herein, any Client Agreement, and applicable law, as between you and Revmo, you (or the client on whose behalf you use our Service) retain ownership of Your Content. You acknowledge that your Output: (i) may not be copyrightable; (ii) Outputs generated by the Service may be the same or similar for different users, and your rights to Outputs granted by these Terms are neither exclusive, nor do they grant you any rights in or to any other user’s Outputs or Inputs, or modify the rights to any such content set forth in a Client Agreement.

Your Content must not: (1) violate the copyright, trade secret or other third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner of sufficient rights to grant Revmo all of the licenses and rights granted herein; (2) include defamatory content, falsehoods, misrepresentations or other content that could damage Revmo or any third party; or (3) include material that is in violation of these Terms.

10. Intellectual Property

Everything you see, hear, or otherwise experience on the Service, including but not limited to the graphics, videos, audio recordings, text, software, photographs, scripts, software screens, design elements, artwork, templates, layout designs, interactive features and the like, the concepts and ideas underlying the Service, and all statistical, analytical, and other data captured by or through the Service other than Your Content, together with the trademarks, service marks and logos contained therein (“Marks”) (collectively, “Our Content”), are owned by or licensed to Revmo, subject to copyright and other intellectual property rights under United States and international laws and conventions. Revmo owns the copyright in the selection, coordination, arrangement and enhancement of Our Content. Any unauthorized use of any materials on the Service or use of the Marks may violate copyright, trademark, and other laws. Revmo and the Revmo logo are (without limitation) Revmo’s Marks.

Except for the rights we expressly grant to you in these Terms or any Client Agreement, the Service and Our Content may not be copied, downloaded, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Revmo reserves all rights not expressly granted in and to the Service and Our Content. You agree not to use, copy, download, or distribute any of the Content other than as expressly permitted herein, including any use, copying, downloading, making derivative works from, or distribution of Our Content of third parties obtained through the Service for any commercial purposes. You may not incorporate Our Content into or stream or transmit the Content via any hardware or software application or make it available via frames or in-line links unless expressly permitted by Revmo in writing. In all cases where you may use Our Content or the Service, you must retain all copyright and other proprietary notices. You may not circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of Our Content or enforce limitations on use of the Service or Our Content, nor may you scrape or use any extraction methods to obtain Our Content or data from the Service.

11. Errors, Inaccuracies, and Omissions

Occasionally there may be information on the Service that contains typographical errors, inaccuracies or omissions. WE UNDERTAKE NO OBLIGATION TO UPDATE, AMEND OR CLARIFY INFORMATION ON THE SERVICE OR ON ANY RELATED WEBSITE, INCLUDING WITHOUT LIMITATION, PRICING INFORMATION, EXCEPT AS REQUIRED BY LAW. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

12. Disclaimers

YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. REVMO, ITS OFFICERS, DIRECTORS, AFFILIATES, LICENSORS, CONTRACTORS, EMPLOYEES AND AGENTS (“REVMO PARTIES”) GIVE NO WARRANTY AND MAKE NO REPRESENTATION IN RELATION TO THE SERVICE, OUR CONTENT, YOUR CONTENT, AND ANY THIRD PARTY SOFTWARE, SERVICES OR CONTENT.

THE REVMO PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW AND YOU WAIVE ANY REPRESENTATION OR WARRANTY ON THE PART OF THE REVMO PARTIES RELATING TO THE SERVICE, OUR CONTENT, OR YOUR CONTENT, WHETHER EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE IN CONNECTION WITH THE SERVICE, ANY SOFTWARE OR SERVICES ACCESSED, LICENSED OR PROVIDED TO YOU BY THE REVMO PARTIES OR A THIRD PARTY THAT MAY BE IMPLIED BY THESE TERMS, BY CUSTOM, OR BY LAW OR OTHERWISE, UNLESS EXPRESSLY STATED HEREIN. THE REVMO PARTIES EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES OF AVAILABILITY OF THE SERVICE, NON-DISRUPTION, SECURITY, ACCURACY, THE USE OF REASONABLE CARE AND SKILL, QUALITY, MERCHANTABILITY, TITLE OR ENTITLEMENT, FITNESS FOR A PARTICULAR PURPOSE, ABILITY TO ACHIEVE A PARTICULAR RESULT OR FUNCTIONALITY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, THE REVMO PARTIES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SERVICE OR ON ANY WEBSITES OR APPS LINKED TO THE SERVICE IS ACCURATE, COMPLETE OR CURRENT; THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR ERROR; THAT THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE OR AGREEMENTS YOU ENTER WITH THIRD PARTIES OR ADVERTISERS WILL MEET YOUR EXPECTATIONS; OR THAT SERVICE ERRORS WILL BE CORRECTED.

THE REVMO PARTIES WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION), RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, CONTENT, AND INFORMATION STORED THEREIN, (4) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (5) BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, (6) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE; OR (7) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (3) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

13. Indemnity

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE REVMO PARTIES FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSE, AND ATTORNEY’S FEES ARISING TO ANY OF THE REVMO PARTIES AS A RESULT OF ANY CLAIM, DEMAND OR PROCEEDINGS BROUGHT OR THREATENED AGAINST THE REVMO PARTIES IN CONNECTION WITH (1) YOUR USE OF, ACCESS TO, OR MISUSE OF THE SERVICE; (2) YOUR BREACH OF ANY OF THESE TERMS; (3) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, INTELLECTUAL OR PHYSICAL PROPERTY RIGHTS, OR PRIVACY RIGHT; (4) YOUR CONTENT; (5) ANY TRANSACTION YOU CONDUCT AS A RESULT OF THE CONTACT FACILITATED BY THE SERVICE; OR (6) ANY ACTIVITY RELATED TO YOUR ACCOUNT, OR YOUR OR ANY OTHER PERSON’S ACCESS TO THE SERVICE USING YOUR ACCOUNT.

IF THE REVMO PARTIES DO TAKE ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS, THE REVMO PARTIES WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEYS’ FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO THE REVMO PARTIES.

TO THE EXTENT YOU REQUEST THAT WE SEND A MESSAGE TO ANOTHER USER THROUGH THE SERVICE, YOU REPRESENT AND WARRANT THAT YOU HAVE OBTAINED ALL CONSENTS NECESSARY TO SEND SUCH MESSAGES, INCLUDING SENDING MESSAGES VIA EMAIL OR VIA AUTOMATED MEANS, USING A RANDOM/SEQUENTIAL NUMBER DIALER, AND FOR TO REVMO’S MARKETING OR PROMOTIONAL PURPOSES, AND YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE REVMO PARTIES FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSES, AND ATTORNEY’S FEES ARISING AS A RESULT OF ANY CLAIM, DEMAND OR PROCEEDINGS BROUGHT OR THREATENED AGAINST THE REVMO PARTIES IN CONNECTION WITH YOUR FAILURE TO OBTAIN PROPER CUSTOMER OR POTENTIAL CUSTOMER CONSENT TO INPUTTING PERSONAL INFORMATION INTO THE SERVICE OR SENDING TEXT MESSAGES, EMAILS, OR OTHER NOTIFICATIONS THAT ARE SENT VIA THE SERVICE, INCLUDING BUT NOT LIMITED TO, CLAIMS ARISING UNDER THE TELEPHONE CONSUMER PROTECTION ACT AND THE CAN-SPAM ACT.

14. LIMITATIONS of Liability

IN NO EVENT SHALL THE REVMO PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING FROM OR RELATING TO THE SERVICE, ANY THIRD PARTY PRODUCTS OR SERVICES, OR OTHERWISE UNDER THESE TERMS, EVEN IF THE REVMO PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

THE REVMO PARTIES’ MAXIMUM AGGREGATE LIABILITY ARISING UNDER OR IN RELATION TO THESE TERMS OR IN RELATION TO YOUR USE OR OUR PROVISION OF THE SERVICE TO YOU, WHETHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, MISREPRESENTATION, NEGLIGENCE, OR OTHER THEORY OF LAW WILL BE LIMITED TO ONE HUNDRED U.S. DOLLARS (US$100).

BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

15. Claims limitations

Any claims relating to use of the Service must be bought within one (1) year from the date the cause of action arose. Claims brought after such period are VOID. Those who access or use the Service do so at their own volition and are responsible for compliance with local and all other applicable laws, restrictions, and regulations.

16. Equitable Relief

If you violate these Terms, we may seek injunctive relief or other equitable relief.

17. Third Party Beneficiaries

All Revmo Parties are intended third party beneficiaries of these Terms and may enforce these Terms against you.

18. Force Majeure

A party will not be in breach of these Terms, nor liable for any failure or delay in performance of any of its obligations under these Terms where such failure or delay arises from or is attributable to acts, events, omissions or accidents beyond its reasonable control including an act of God, fire, flood, earthquake, windstorm or other natural disaster, explosion or accidental damage, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions, terrorist attack, civil war, civil commotion or riots, shortage of raw materials or supplies, industrial action or strike, power outages, or electronic or communication network breakdowns (“Force Majeure Events”). In the event of a Force Majeure Event affecting the provision of the Service by Revmo, Revmo will use reasonable efforts to notify users through the Service or through its website or by email communication.

19. Dispute Resolution

Except for Client Users who use our Platform pursuant to a Client Agreement (where disputes shall be resolved pursuant to the Client Agreement with respect to the use of the Platform) any dispute arising out of or relating in any way to your use of our Services or any products, services, or information you receive through our Services, shall be submitted to confidential, binding arbitration in San Francisco, California, USA pursuant to the American Arbitration Association’s Commercial Arbitration Rules. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. No arbitration under these Terms of Use may be joined with another arbitration related to the subject matter hereof. Notwithstanding the foregoing arbitration requirement, with regard to any actual or potential violation of our intellectual property rights, we may seek injunctive or other appropriate relief in the courts of San Francisco, California, USA and you hereby consent to the exclusive jurisdiction of such courts and waive all objections thereto. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you waive your right to bring or participate in a class action lawsuit and we each waive any right to a jury trial.

The following processes shall govern the arbitration process:

  • Before commencing an arbitration, you agree to inform us of the nature of the claim and the relief you seek by sending an email to cs@revmo.ai

  • Within 10 days, Revmo will contact you and thereafter you and we will attempt to resolve the claim or issue in a satisfactory way.

  • If, following these attempts at exploring a resolution, you intend to proceed with an arbitration claim, we will collectively seek to reach an agreement on the selection of an arbitrator to hear and decide the dispute and how it will be heard, including whether to submit the dispute to the arbitrator only in written form, by proceedings conducted via video or in-person. 

  • In the event that you and we cannot agree on an arbitrator, the process set forth in California Civil Code Section 1281.6 will be followed. That process allows for a court to select an arbitrator.

20. Governing Law

These terms shall be governed by and construed in accordance with the laws of the state of California and the United States, without giving effect to any principles of conflicts of law. with the exception of any matters subject to arbitration as described above, you agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in San Francisco, California, USA and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

21. Class action Waiver

WITHOUT LIMITATION OF SECTION 19, ALL DISPUTE RESOLUTION PROCEEDINGS (WHETHER ARBITRATED AS PROVIDED IN SECTION 19 OR OTHERWISE) WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE SERVICE SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.

22. Subpoena Fees

If Revmo has to provide information in response to a subpoena related to your account, then we may charge you for our costs. These costs may include attorney and employee time spent retrieving records, preparing documents, and participating in a deposition.

23. Export Control

Software and the transmission of applicable technical data, if any, in connection with the Service may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States and the country in which you reside.

24. Assignment

The Terms, and any rights and licenses granted hereunder, may be transferred or assigned by you only with Revmo’s prior written consent, but may be assigned by Revmo without restriction and without notice to you.

25. General

These Terms constitute the entire agreement between the parties and supersede all other agreements, statements, and other arrangements between the parties in relation to the subject matter hereof. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction, to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect. Each party acknowledges that it has not relied on or been induced to enter these Terms by a representation other than those expressly set out in these Terms.

Except for the intended third party beneficiaries specified herein, Revmo and you do not intend to confer, and these Terms will not be construed as conferring, any right, remedy, obligation or liability of any kind on any person other than Revmo, you, and each party’s successors and assigns. No modification, alteration or waiver of any of the provisions of these Terms will be effective unless in writing and signed on behalf of each of the parties. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Revmo’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

26. SUPPLEMENTAL TERMS

Apple Required Terms

  1. Acknowledgement: Revmo and you acknowledge that the Terms are concluded between Revmo and you only, and not with Apple, and Revmo, not Apple, is solely responsible for the Mobile App and the content thereof.

  2. Scope of License: The license granted to you for the Mobile App is limited to a non-transferable license to use the Mobile App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Use, except that the Mobile App may be accessed, acquired, and used by other accounts associated with you via Family Sharing or volume purchasing.

  3. Maintenance and Support: As between Apple and Revmo, Revmo is solely responsible for providing maintenance and support, if any, with respect to the App, as specified in the Terms, or as required under applicable law. Revmo and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

  4. Warranty: As between Apple and Revmo, Revmo is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Mobile App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for relevant application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Revmo’s sole responsibility.

  5. Product Claims: Revmo and you acknowledge that Revmo, not Apple, is responsible for addressing any claims by you or any third party relating to the Mobile App or your possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

  6. Intellectual Property Rights: Revmo and you acknowledge that, in the event of any third party claim that the Mobile App or your possession and use of the Mobile App infringe that third party’s intellectual property rights, to the extent a warranty of non-infringement is not validly disclaimed, Revmo, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

  7. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

  8. Developer Name and Address: Revmo may be contacted as follows in connection with any questions, complaints or claims with respect to the Mobile App : cs@revmo.ai.

  9. Third Party Terms of Agreement: You must comply with third party terms of agreement when using the Mobile App.

  10. Third Party Beneficiary: Revmo and you acknowledge and agree that Mobile Apple, and Mobile Apple’s subsidiaries, are third party beneficiaries of the Terms, and that, upon your acceptance of the Terms, Mobile Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.

Additional Terms Relevant to Google Inc.

  • These Terms constitute a license agreement in lieu of any license grant provided by Google to use the Mobile App on a Supported Device. A “Supported Device” is a combination of a mobile device running Android software and an Android software version(s) that is supported by the Mobile App . These Terms are made between you and Revmo only, and not with Google. Revmo is solely responsible for the Mobile App.

  • The Google Play marketplace is owned and operated by Google LLC. Your use of Google Play is governed by a legal agreement between you and Google consisting of the Google Terms of Service (found at http://www.google.com/accounts/Terms) and the Google Play Terms of Service (found at https://play.google.com/intl/en-US_us/about/play-terms.html and together with the Google Terms of Service called the “Terms”). The Google Play Terms of Service and Google Terms of Service shall take precedence in that order in the event of a conflict between them, to the extent of such conflict.

  • Revmo is solely responsible for providing, and Google has no obligation to provide, maintenance and support for the Mobile App. Support requests, as well as questions, complaints or claims regarding the Mobile App, may be directed to the address below.

  • To the maximum extent permitted by applicable law, Google will have no warranty obligation whatsoever with respect to the Mobile App, and will not be liable for any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.

  • Google shall not be responsible for addressing any claims by you or any third party relating to the Mobile App or your possession and/or use of the Mobile App, including but not limited to (i) product liability claims, (ii) any claim that the Mobile App fails to conform to any legal or regulatory requirement, or (iii) claims arising under consumer protection or similar legislation.

  • Google shall not be responsible for the investigation, defense, settlement or discharge of any claim that the Mobile App or your possession and use thereof infringes a third party’s intellectual property rights.

  • You represent and warrant that (i) the Mobile App will not be downloaded or used in, or transported to, a country that is subject to a United States Government embargo or has been designated by the United States Government as a “terrorist-supporting” country, and (ii) you are not listed on any United States Government list of prohibited or restricted parties.

  • For the improvement of Google Play, Google may collect certain usage statistics from Google Play and your Supported Device, including but not limited to, information on how Google Play and your Supported Device are being used. The data collected is examined in the aggregate to improve Google Play for users and developers and is maintained in accordance with Google’s Privacy Policy. We can neither control nor are responsible for the privacy practices of Google. To ensure the improvement of the Mobile App, limited aggregate data may be available from Google to Revmo upon Revmo written request.

  • Removal of Mobile App. Revmo or Google Inc. may, at any time and without notice, restrict, interrupt or prevent use of the Mobile App, or delete the Mobile App from your Supported Device, without entitling you to any refund, credit or other compensation from Revmo or any third party (including, but not limited to, Google Inc. or your network connectivity provider).

  • Our use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.

27. Contact Us

Revmo AI, Inc.

200 E Van Buren, Floor 3

Phoenix, AZ 85004

cs@revmo.ai

By clicking Call Me, you consent to receive, at the number you provide, autodialed or artificial/prerecorded voice calls and texts sent using generative AI technology by Revmo relating to our products, services, and related promotional content. You agree to the Terms of Use. Our Privacy Policy describes how we use personal data. You may withdraw consent any time. Consent is not a condition of purchase. Contact Us