Effective as of October, 2022 Super Technologies Inc., and its subsidiaries and affiliates (collectively, “Super,” "FIY.ai," “we,” “us,” or “our”), is the owner and operator of Super chat technology (the “Services”). The Services permit you to diagnose and fix issues with your home appliances by identifying a model and connecting you with potential repair services to address the issue.
THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. If you live in the United States, please read it carefully. (It’s under Section 18 below.)
These Terms apply only to information we collect via the Services and in email, text, or other electronic communications sent through or in connection with the Services. These Terms do not apply to information that:
• We collect offline or through any other websites or portals (unless such offline collection was initiated through or in relation to your use of the Services);• You provide to, or that is collected by, any third party; or that
• Originates from any other sources.
We reserve the right, at our discretion, to update, change, modify, add, or remove portions of these Terms at any time in order to conform them to our business practices. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Your continued use of the Services thereafter constitutes your acceptance of such changes.
3. Accessing the Services and Account Security.
We reserve the right to withdraw or amend the Services, as well as any product, service, or material we provide on or via the Services, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Services or any product, service, or materials provided on or via the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, the entire Services, or to users.
When using the Services, you may be asked to provide certain registration or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete.
We are not responsible for the acts of third parties who may access the Services and your information through your Mobile Device or a public or shared device you used to access the Services. You should use all security features of your Mobile Device (e.g., password, locking, or encryption features) and completely log out of the Services after using a public or shared device to protect against unauthorized access and use of the Services and your information.
You are responsible for complying with these Terms at all times, and access to your account is subject to continued compliance with these Terms. FIY.ai may impose reasonable limits on your scope of access to the Services, including limits on time or devices used to access the Services, to prevent unauthorized third-party access to or use of the Services. Furthermore, we have the right to disable any account at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provisions of these Terms.
4. Data Protection and Privacy.
5. License Restrictions.
(b) For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal or sensitive information or otherwise.
(c) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” or “spam” or any other similar solicitation.
(d) To impersonate or attempt to impersonate FIY.ai, a FIY.ai employee, another user, or any other person or entity (including, without limitation, by using an email associated with any of the foregoing).
(e) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm FIY.ai or users of the Services or expose them to liability.Additionally, you agree not to do any of the following:(a) copy the Services, except as expressly permitted by these Terms;
(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Services;
(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Services or any part thereof;
(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services, including any copy thereof;
(e) view, copy, or procure content or information from the Services by automated means (such as scripts, bots, spiders, crawlers, or scrapers) or use other data mining technology or processes to frame, mask, extract data or other materials from the Services, unless formally authorized by FIY.ai under a separate written agreement;
(f) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services, or any features or functionality of the Services, to any third party for any reason, including by making the Services available on a network where it is capable of being accessed by more than one device at any time;
(g) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Services;
(h) use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including its ability to engage in real time activities through the Services;
(i) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
(j) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services; or
(k) attack the Services via a denial-of-service attack or a distributed denial-of-service attack.No right, title or interest in or to the Services or any content on the Services are transferred to you, and FIY.ai reserves all rights not expressly.
6. Reservation of Rights; Intellectual Property. You acknowledge and agree that the Services are provided under license and not sold to you. You do not acquire any right, title, or other ownership interest in the Services under these Terms, or any other rights thereto other than to use the Services in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. FIY.ai reserves and shall retain its entire right, title, and interest in and to the Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
Unless otherwise explicitly specified by FIY.ai, the Services and its entire contents, materials, features, and functionality, including but not limited to past, present, and future versions, domain names, source and object code, software, logos, graphics, bibliographic information, icons, headers, stories, text, displays, photos, images, video and audio, and the design, selection and arrangement thereof and the “look and feel” of the Services (“Services Content”), are owned, controlled, or licensed by FIY.ai, its licensors or other providers of such Services Content. Services Content is protected from unauthorized use, copying, and dissemination by copyright, trademark, patent, and other laws, rules, regulations, and treaties. Any unauthorized use of Services Content is prohibited. Any unauthorized use of the materials appearing in the Services may violate copyright, trademark, patent, and other applicable laws, rules, regulations, and treaties and could result in civil penalties.
Certain products, services, or company designations for companies other than FIY.ai may be mentioned or displayed on the Services for identification purposes only. Third-party trademarks, trade names, logos, product or service names contained on the Services are the trademarks, registered or unregistered, of their respective owners.
7. Electronic Communications.You acknowledge and agree that we may contact you via electronic communication means, including email, telephone call, and SMS text messaging. You may also opt in to receiving text message reminders from us. We will not assess and charge for any calls or texts, but standard message and data charges or other charges from your wireless carrier may apply. You may opt out of receiving text messages from us by replying “STOP.”We will not ask for your personal information, account username and password, or any credit or debit card information via email or text message. We will have no responsibility for any misuse of such information if you provide such information via email or text message.
8. Monitoring and Enforcement.
We have the right to (but not the obligation to):
(a) Notwithstanding anything else to the contrary to the Services, disclose your identity or other information about you to any third party who claims that material submitted by you violates their rights, including their intellectual property rights or their right to privacy;
(b) Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and/or
(c) Terminate or suspend your access to all or part of the Services for any or no reason, including, without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS SUPER d/b/a FIY.ai AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
9. Reliance on Information.
The information, material, and content presented on or through the Services are made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information, materials and content. Any reliance you place on such information, materials, and content is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information, materials and content by you or any other visitor to the Services, or by anyone who may be informed of any of their contents.
To the extent the Services may contain information, materials and content provided by a third party, including data, information, applications, and other products, services, materials, or provide links to third-party websites or services, including through third-party advertising (“Third Party Materials”). All statements and/or opinions expressed in Third Party Materials, and all articles and responses to questions and other content, other than the content provided by Super d/b/a FIY.ai, are solely the opinions and the responsibility of the third party providing those materials. Third Party Materials do not necessarily reflect the opinion of Super d/b/a FIY.ai.
You acknowledge and agree that Super d/b/a FIY.ai is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Super d/b/a FIY.ai does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
In no event will Super d/b/a FIY.ai be liable for any decision made or action taken in reliance upon the information provided through the Services.
10. Use of the Services.
11. Term and Termination.
(a) The term commences when you install the Services and will continue in effect until terminated by you or Super d/b/a FIY.ai as set forth in this Section 11.
(b) Super d/b/a FIY.ai may terminate the Terms at any time without notice. In addition, the Terms will terminate immediately and automatically without any notice if you violate any of the terms and conditions of the Terms.
(c) Upon termination:
(i) all rights granted to you under the Terms will also terminate; and(ii) you must cease all use of the Services.
(d) Termination will not limit any of Super d/b/a FIY.ai’s rights or remedies at law or in equity.
12. Disclaimer of Warranties. THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, SUPER d/b/a FIY.ai, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, SUPER d/b/a FIY.ai PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
13. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SUPER d/b/a FIY.ai OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES OR THE CONTENT, ANY PLATFORM OR SERVICES LINKED TO IT, OR SUCH OTHER SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
(a) DEATH, PERSONAL INJURY, PAIN, AND SUFFERING, OR EMOTIONAL DISTRESS;
(b) PROPERTY DAMAGE;
(c) LOST PROFITS, LOST REVENUE, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF GOODWILL; OR
(d) LOSS OF DATA, BUSINESS INTERRUPTION, COMPUTER FAILURE, OR MALFUNCTION.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR SUPER d/b/a FIY.ai WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THE TERMS, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
14. Indemnification. You agree to indemnify, defend, and hold harmless Super d/b/a FIY.ai and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Services or your breach of these Terms.
If any provision of the Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term, and all other provisions of the Terms will continue in full force and effect.
16. Resolving Disputes.
Let’s try to sort things out first. We want to address your concerns without needing a formal legal case. Before filing a claim against Super d/b/a FIY.ai, you agree to try to resolve the dispute informally by contacting firstname.lastname@example.org. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within fifteen (15) days of submission, you or Super d/b/a FIY.ai may bring a formal proceeding.
17. Governing Law and Jurisdiction.
You and Super d/b/a FIY.ai agree that any judicial proceeding to resolve claims relating to these Terms will be brought in the federal or state courts of Wilmington, Delaware, subject to the mandatory arbitration provisions below. Both you and Super d/b/a FIY.ai consent to venue and personal jurisdiction in such courts.
IF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
(a) We Both Agree To Arbitrate. You and Super d/b/a FIY.ai agree to resolve any claims relating to these Terms through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to the interpretation or Services of this “Mandatory Arbitration Provisions” Section (Section 18), including its enforceability, revocability, or validity.
(b) Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by emailing email@example.com and stating your intention to opt out within thirty (30) days of using the Services. However, if you agreed to a previous version of these Terms that allowed you to opt out of arbitration, your previous choice to opt out or not opt out remains binding.
(c) Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, or any other location we agree to.
(d) Arbitration Fees and Incentives. The AAA rules will govern the payment of all arbitration fees. Super d/b/a FIY.ai will pay all arbitration fees for individual arbitration for claims less than $50,000. If you receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $1,000 in addition to the award. Super d/b/a FIY.ai will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
(e) Exceptions to Agreement to Arbitrate. Either you or Super d/b/a FIY.ai may assert claims, if they qualify, in small claims court in Wilmington, Delaware or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in Wilmington, Delaware to resolve your claim.
(f) NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. If this specific paragraph is held unenforceable, then the entirety of this “Mandatory Arbitration Provisions” Section (Section 18) will be deemed void.
19. Limitation of Time to Assert Claims.
ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
20. Entire Agreement.
These Terms constitute the entire agreement between you and Super d/b/a FIY.ai with respect to the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Services.
No failure to exercise and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and any applicable purchase or other terms, the terms of these Terms shall govern.
22. Your Comments and Questions.
Super Technologies Inc. d/b/a FIY.ai 228 Park Ave S New York, NY 10003 ATTN: Customer Success Manager firstname.lastname@example.org