Terms of Use & Privacy Policy

By using a website or portal provided by meAI Sessions Inc. (“Sites”), you agree to the following Terms of Use, and to the [Privacy Notice] which forms an integral part of these Terms of Use, and agree to comply with them at all times in regard to your use of the Sites.

In providing us with your personal information, you authorize us to collect your information consistent with these Terms of Use and related Privacy Notice.

Your Use

meAI Sesssions Inc. (“Sessions”) grants you a non-exclusive, non-transferable, revocable license to access and use the Sites to upload information. You agree that all information provided will be accurate and complete to the best of your knowledge.

Fees and Billing

  1. Fees and Billing. You will pay all fees charged to your account (“Fees”) according to the prices and terms on the applicable pricing page, or as otherwise agreed between us in writing. We have the right to correct pricing errors or mistakes even if we have already issued an invoice or received payment. You will provide complete and accurate billing information including a valid and authorized payment method. We will charge your payment method on an agreed-upon periodic basis but may reasonably change the date on which the charge is posted. You authorize Sessions and its affiliates, and our third-party payment processor(s), to charge your payment method for the Fees. If your payment cannot be completed, we will provide you written notice and may suspend access to the Sites until payment is received. Fees are payable in U.S. dollars and are due upon invoice issuance. Payments are nonrefundable except as provided in this Agreement.
  2. Taxes. Unless otherwise stated, Fees do not include federal, state, local, and foreign taxes, duties and other similar assessments (“Taxes”). You are responsible for all Taxes associated with your purchase, excluding Taxes based on our net income, and we may invoice you for such Taxes. You agree to timely pay such Taxes and provide us with documentation showing the payment, or additional evidence that we may reasonably require. Sessions uses the name and address in your account registration as the place of supply for tax purposes, so you must keep this information accurate and up-to-date.
  3. Price Changes. We may change our prices by posting notice to your account and/or to our website. Price increases will be effective 14 days after they are posted, except for increases made for legal reasons, which will be effective immediately. Any price changes will apply to the Fees charged to your account immediately after the effective date of the changes.
  4. Disputes and Late Payments. If you want to dispute any Fees or Taxes, please contact support@getsessions.app within thirty (30) days of the date of the disputed invoice. Undisputed amounts past due may be subject to a finance charge of 1.5% of the unpaid balance per month. If any amount of your Fees are past due, we may suspend your access to the Sites after we provide you written notice of late payment.
  5. Free Tier. You may not create more than one account to benefit from credits provided in the free tier of the Sites. If we believe you are not using the free tier in good faith, we may charge you standard fees or stop providing access to the Sites.


Third-Party Websites Links & Content

The Sites may contain links to other websites (“Third-Party Websites”) owned or operated by parties other than Sessions. We do not monitor or control outside Third-Party Websites and are not responsible for their content.

Confidentiality, Security and Data Protection

  1. Confidentiality. You may be given access to confidential information of Sessions (“Confidential Information”), its affiliates and other third parties. You may use Confidential Information only as needed to use the Sites as permitted under these Terms of Use. You may not disclose Confidential Information to any third-party, and you will protect Confidential Information in the same manner that you protect your own confidential information of a similar nature, using at least reasonable care. Confidential Information means nonpublic information that Sessions or its affiliates or third parties designate as confidential or should reasonably be considered confidential under the circumstances, including software, specifications, and other nonpublic business information. Confidential Information does not include information that: (i) is or becomes generally available to the public through no fault of yours; (ii) you already possess without any confidentiality obligations when you received it under these Terms of Use; (iii) is rightfully disclosed to you by a third party without any confidentiality obligations; or (iv) you independently developed without using Confidential Information. You may disclose Confidential Information when required by law or the valid order of a court or other governmental authority if you give reasonable prior written notice to Sessions and use reasonable efforts to limit the scope of disclosure, including assisting us with challenging the disclosure requirement, in each case where possible.
  2. Security. You must implement reasonable and appropriate measures designed to help secure your access to and use of the Sites. If you discover any vulnerabilities or breaches related to your use of the Sites, you must promptly contact Sessions and provide details of the vulnerability or breach.


Disclaimer

THE SITES ARE OPERATED ON AN “AS IS”, “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, Sessions SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT FOR THE SITES AND ANY INFORMATION YOU PROVIDE TO OR THROUGH THE SITES. Sessions SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITES, FOR INFORMATION YOU UPLOAD TO OR THROUGH THE SITES, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE SITES OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THE SITES. YOUR USE OF THE SITES IS AT YOUR OWN RISK. IN NO EVENT SHALL Sessions, OR OUR AFFILIATES, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITES, INCLUDING THE DELAY OR INABILITY TO USE THE SITES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Dispute Resolution

YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:

  1. MANDATORY ARBITRATION. You and Sessions agree to resolve any past or present claims relating to these Terms of Use or the use of Sites through final and binding arbitration, except that you have the right to opt out of these arbitration terms, and future changes to these arbitration terms, by filling out this form within 30 days of agreeing to these arbitration terms or the relevant changes.
  2. Informal Dispute Resolution. We would like to understand and try to address your concerns prior to formal legal action. Before filing a claim against Sessions, you agree to try to resolve the dispute informally by sending us notice at dispute-resolution@getsessions.app of your name, a description of the dispute, and the relief you seek. If we are unable to resolve a dispute within 60 days, you may bring a formal proceeding. Any statute of limitations will be tolled during the 60-day resolution process. If you reside in the EU, the European Commission provides for an online dispute resolution platform, which you can access at https://ec.europa.eu/consumers/odr.
  3. Arbitration Forum. Either party may commence binding arbitration through ADR Services, an alternative dispute resolution provider. The parties will pay equal shares of the arbitration fees. If the arbitrator finds that you cannot afford to pay the arbitration fees and cannot obtain a waiver, Sessions will pay them for you. Sessions will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
  4. Arbitration Procedures. The arbitration will be conducted by telephone, based on written submissions, video conference, or in person in San Francisco, California or at another mutually agreed location. The arbitration will be conducted by a sole arbitrator by ADR Services under its then-prevailing rules. All issues are for the arbitrator to decide, except a California court has the authority to determine: (i) the scope, enforceability, and arbitrability of this Section 8, including the mass filing procedures below; and (ii) whether you have complied with the pre-arbitration requirements in this section. The amount of any settlement offer will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any.
  5. Exceptions. This arbitration section does not require arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement.
  6. NO CLASS ACTIONS. Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If for any reason a dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding, or counterclaim. This does not prevent either party from participating in a class-wide settlement of claims.
  7. Mass Filings. If, at any time, 30 or more similar demands for arbitration are asserted against Sessions or related parties by the same or coordinated counsel or entities (“Mass Filing”), ADR Services will randomly assign sequential numbers to each of the Mass Filings. Claims numbered 1-10 will be the “Initial Test Cases” and will proceed to arbitration first. The arbitrators will render a final award for the Initial Test Cases within 120 days of the initial pre-hearing conference, unless the claims are resolved in advance or the parties agree to extend the deadline. The parties will then have 90 days (the “Mediation Period”) to resolve the remaining cases in mediation based on the awards from the Initial Test Cases. If the parties are unable to resolve the outstanding claims during this time, the parties may choose to opt out of the arbitration process and proceed in court by providing written notice to the other party within 60 days after the Mediation Period. Otherwise, the remaining cases will be arbitrated in their assigned order. Any statute of limitations will be tolled from the time the Initial Test Cases are chosen until your case is chosen as described above.
  8. Severability. If any part of this section is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow Mass Filing or class or representative arbitration, this section will be unenforceable in its entirety. Nothing in this section will be deemed to waive or otherwise limit the right to seek public injunctive relief or any other non-waivable right, pending a ruling on the substance of such claim from the arbitrator.

Privacy Notice

meAI Sessions Inc. (“Sessions”) is committed to protecting your privacy and protecting your personal information. This Privacy Notice sets forth the online data collection and usage policies that apply to information about you, the user, that Sessions collects via its websites and/or applications (“Sites”). Sessions employs privacy and security standards related to the protection of information maintained and transmitted through the Sites, and has established safeguards and controls in accordance with legal and regulatory requirements. By using the Sites, you acknowledge and agree to the terms of our Privacy Notice, and to the Terms of Use of which this Privacy Notice forms an integral part.

Collection and Use of Information by Sessions

The information we gather about you may include personally-identifying and other information you provide directly via the Sites, as well as information about your use of the Sites, such as what areas you visit and what services you access. Moreover, there is information about your computer hardware and software that is, or may be, collected. This information can include your IP address, browser type, and related information.

The Sites may use a “web beacon” to verify your having viewed or received a website or email, and we may deposit a “cookie” on your computer hard drive to personalize your experience or track aggregate site visitation statistics.

The information collected by cookies and web beacons is not personally identifiable, it includes general information about your computer settings, your connection to the internet (e.g. operating system and platform), IP address, your browsing patterns, and timings of browsing on the Sites and your geographical location.

Additionally, we may utilize third-party apps that may also utilize cookies and/or web beacons. You may choose to use technologies to block such cookies, but in such instances you may not have access to the full functionality of the Sites.

Sessions uses the information we gather, whether personal, demographic, collective or technical, for the purpose of delivering and developing Sessions’ products and services, operating and improving the Sites, and fostering a positive user experience.

Information Security

Sessions maintains appropriate physical, electronic, and administrative security standards and procedures to safeguard its data and systems. Moreover, all employees are trained in Sessions’ privacy and security policies and are required to comply with them as a condition of employment. Employees are permitted to access and use only that personal and proprietary information necessary to perform their duties.

No Control Over Non-Subcontractor Third-Party Recipients

This Notice does not apply to third-party websites that may be accessible through the Sites. Please be aware that we have no control over and are not responsible for such websites.

No Information From Children

The Sites are not designed for children. By law, if you are under the age of 13, you cannot use the Sites without permission of your parent or guardian. However, if you are under 13, we do not agree to your use of the Sites.

No Sale of Personally-identifiable information

Sessions never sells your personally-identifying data to a third-party.

Disclosures for California Residents

The California Consumer Privacy Act of 2018 (“CCPA”) provides California residents (“Consumers”) with specific rights regarding their personal information. This California Consumer Privacy Statement (“CCPS”) sets forth our privacy practices as required by the CCPA in those limited circumstances where we collect personal information.

This section describes California residents’ CCPA rights and explains how to exercise those rights. This CCPS is effective as of August 1, 2023 (“Effective Date”), and remains subject to updating as required or as we deem appropriate.

Notice Of Collection And Use Of Personal Information‍

We may collect the following categories of personal information about our users:

  • Identifiers: identifiers such as first name, last name, address, email address
  • Online Activity: Internet and other electronic network activity information related to use of the Sites

We may use the categories of personal information listed above for the purposes described in this Notice and the embedded CCPS. In addition, we may use these categories of personal information for certain business purposes specified in the CCPA, as described in this table, regardless of whether you are a California resident:

  1. Identifiers
    • Examples: Name, email address, telephone number, address, IP address.
    • Business or commercial purposes for which we use consumer information: Provision and improvement of the Sites.
  2. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
    • Examples: Name, email address, telephone number, facsimile number, address, and any other Personal information categories listed in the California Customer Records statute to the extent included in a public area of any of the Sites.
    • Business or commercial purposes for which we use consumer information: Provision and improvement of the Sites.
  3. Internet or other similar network activity
    • Examples: Browsing history, domain name, ISP, IP address, search history, information on a consumer’s interaction with a website, application, and any other Internet or other similar network activity information to the extent included in a public area of any of the Sites.
    • Business or commercial purposes for which we use consumer information: Understanding the nature of Your engagement with using our products/service, provision and improvement of the Sites.
  4. Inferences drawn from other personal information
    • Examples: Profile
    • Business or commercial purposes for which we use consumer information: Provision and improvement of the Sites.

    ‍
    No Sale Of Personal Information

    As stated above, we do not sell your personal information.

    Disclosure Of Personal Information For A Business Purpose

    We may disclose to third parties for a business purpose all the categories of personal information about you described above.

    Privacy Choices

    If you are a California resident, you have certain choices regarding our use and disclosure of your personal information, as described below:

    • Access: The right to request, twice in a 12-month period, to have us disclose to you the personal information we have collected, used, disclosed, and sold about you during the past 12 months.
    • Deletion: The right to request that we delete certain personal information we have collected from you. Your request to delete your personal information may be denied if it is necessary for us to retain your information under one or more of the exceptions listed in the CCPA.
    • Opt-Out of / Opt-In to Sale: The right to opt-out of the sale of their personal information. However, we do not sell your information, such that no opt-out is required.
    • Opt-In if Under 16: The personal information of California residents who are 16 years old or younger may not be sold without that minor’s prior authorization. If the minor is less than 13 years old, their personal information may not be sold without authorization from a parent or guardian. As noted, however, Sessions does not sell personal information.
    • Shine the Light Request: California residents have the right to request that we provide you with: (1) a list of certain categories of personal information we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, and (2) the identity of those third parties.


    How to Submit a Request or Opt-Out/In (California Residents)

    For a California resident to submit a request, or to opt-out/into of the sale of your personal information, email us at privacy@getsessions.app, or call us at ([*]). To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to your personal information or complying with your request. If you request access to or deletion of your personal information, we may require you to provide certain information to help us identify you. In addition, if you ask us to provide you with specific pieces of personal information, we will require you to sign a declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request. If you designate an authorized agent to make an access, deletion or opt-out of sale request on your behalf: (i) we may require you to provide the authorized agent written permission to do so; and/or (ii) for access and deletion requests, we may require you to verify your own identity directly with us (as described above).

    The CCPA prohibits discrimination against a consumer because the consumer exercised any of the consumer’s rights under the CCPA. To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request. This Statement is available in alternative formats upon request. To request this Statement in an alternative format, email us at privacy@getsessions.app, or call us at ([*]).

    Only you, or a person that you authorize to act on your behalf, may make a request related to your personal information. In the case of access and deletion, your request must be verifiable before we can fulfill such request. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority.

    We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. Under normal circumstances, we will provide you with requested information in a readily-usable format, within forty-five (45) days of verifying your request. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

    Changes‍

    Sessions may amend this Notice from time to time, and therefore encourages you to review it periodically. If Sessions decides to amend this Notice, Sessions will post those changes in the Notice and in other locations Sessions may deem appropriate. Your continued use of the Sites after modifications are posted constitutes your consent to the revised privacy practices described herein.

    Contact Information

    ‍If you have any questions about this Notice, the practices of Sessions, or your dealings with the Sites, please contact Sessions at the below address:

    MeAI Sessions, Inc.
    Address: 16192 Coastal Hwy
    Lewes, Delaware 19958-3608
    United States

    privacy@getsessions.app