Terms of Service

Welcome to Taku (the "Service")!

Before you access our services, please read these Terms of "Service" carefully.

These Terms of Use (the "Terms", and together with any applicable Supplemental Terms, the "Agreement") govern your use of Taku, along with any associated applications, software, products, services, tools, content, documentation and websites (collectively, our "Services"). This Agreement forms a legally binding contract between you ("User", "you", "your") and Taku.ai(email: support @taku.ai) ("we", "us", "our"). By accessing our Services, you agree to be bound by this Agreement.

The bots may be powered by third-party Large Language Models ("LLMs").

1. Artificial Intelligence

Artificial Intelligence ("AI") and machine learning are rapidly evolving fields of research. When using or accessing the Services, you need to be aware of the following:

1.1 AI Technology Basis

Our services are based on generative artificial intelligence ("AI") models and may rely on other models and services to provide you with AI-generated technical services and other offerings.

1.2 User Responsibilities

• Accessing your accounts or files
• Sharing your private information
• Making purchases on your behalf
• Taking actions you never intended

You remain responsible for all browser actions taken by Taku performed on your behalf, including but not limited to:

• Any content published or messages sent
• Purchases or financial transactions
• Data accessed or modified
• Respecting third-party website terms of service, including any restrictions on automated access

1.3 Inherent Limitations of AI Functionality

• Outputs may contain errors or inaccurate information.
• AI lacks creative thinking and may produce repetitive or formulaic content.
• AI may struggle to understand subtle nuances in language, including slang and cultural references.
• AI cannot understand or express emotions like humans.
• AI outputs may perpetuate biases present in its training data.
• AI has limitations in performing complex reasoning and judgment tasks.
• AI relies on large volumes of training data, and issues with data quality can affect output.

1.4 Professional Scenario Disclaimer

If the situation involves matters that may have significant implications for you or relevant parties (e.g., scenarios or purposes related to healthcare, finance, investment, insurance, legal matters, food safety, nutrition, etc.), it is recommended that you consult relevant professionals.

2. Access and Use

2.1 Access Rights

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use our Services. We reserve the right to modify, suspend, or terminate any part of the Services at any time without prior notice.

You agree not to use the Services in any way that could damage its functionality or accessibility.

2.2 Prohibited Conduct

It is strictly prohibited to use the Services for any unlawful or regulatory violations.

You agree not to, and will not permit others to:

• Commercial Exploitation: Sell, rent, lease, or reproduce the Services for any commercial purpose without our consent.
• Reverse Engineering: Modify, decompile, or reverse-engineer any part of our platform, except as permitted by law.
• Automated Access: Use bots, scrapers, or crawlers to extract data or "scrape" content from our platform.
• Branding Interference: Remove proprietary notices or use "hidden text" (like metatags) featuring our trademarks.
• Impersonation: Misrepresent your identity or pretend to be an employee or representative of our Company.
• Improper use: Use for Criminal Justice, Law Enforcement, Censorship, or Surveillance Purposes, including but not limited to making decisions for criminal justice applications; tracking an individual's physical location, emotional state, or communications without consent; or analyzing or identifying specific content for censorship purposes on behalf of governmental organizations.

2.3 Abuse Policy

Abuse of our platform is strictly prohibited. This includes:

• Fraudulent Activity: Using false information or managing multiple accounts to manipulate platform rules.
• Policy Violations: Using the Services to create content or "Spaces" that violate applicable laws or our Terms.

2.4 Third-Party Services

The Services may contain links to third-party websites, applications, advertisements for third parties, and may allow or require you to integrate and/or use third-party services, including but not limited to payment processors, social media login services, data analysis tools, or other third-party applications (collectively, the "Third-Party Services").

When you click on a link to or integrate any Third-Party Service, we will not warn you that you have left the Service and you become subject to the terms and conditions (including privacy policies) of another website or destination.

Such Third-Party Services are not under the control of Taku. Taku is not responsible for any Third-Party Services.

Taku provides these Third-Party Services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services, or any product or service provided in connection therewith.

3. Account Management

3.1 Account Registration

To access our Services, you must complete account registration on the website. After completing all the registration and login procedures, you will become a User of the Services.

By using our Services, you consent to our collection and use of information about you and your device to improve our products and provide Services.

You must also fill out your identity information in accordance with laws and regulations (if applicable), otherwise you may not be able to use or access the Services, or your use or access may be restricted.

You must ensure that the information you provide is accurate, valid, up-to-date, and complete.

You must promptly update any changes and must not impersonate others or provide false information.

3.2 Account Eligibility

You must confirm that you are aged 18 or over.

Users under 18 (or the legal age of majority in their jurisdiction) must use this service with parental or guardian involvement and consent.

3.3 Account Security

You are the sole authorized user of your account. You are responsible for:

• Confidentiality: Maintaining the confidentiality of your login credentials (such as username, password, access keys).
• Activity: All activities that occur under your account, whether or not authorized by you.
• Notification: You must immediately notify Taku at support @taku.ai if you suspect any unauthorized access, data breach, or loss of credentials.

You shall not register an account maliciously, including but not limited to via frequent registration, batch registration, registration using another person's identity or other account registration activities that are not conducted for the purpose of normal usage of the Services. We reserve the right to disable your account if you violate these Terms.

You bear full responsibility for any account hacking, password loss, or illegal account usage resulting from your failure to safeguard your credentials properly.

3.4 Account Suspension and Termination

If you wish to terminate your account, you may simply stop using the service. You may terminate your use of the Services at any time.

We reserve the right, in our sole discretion, to suspend, disable, or terminate your Account or access to the Service at any time, without prior notice or liability, for reasons including but not limited to:

• Violation of our Terms.
• Non-payment of applicable fees.
• Protracted periods of inactivity.
• Actions that may harm the Service, its users, or Taku's reputation.

3.5 Third-Party Accounts

Where required by the Service, you may disclose third-party account login credentials and grant us access to such accounts, provided this does not breach any terms governing your use of those accounts.

4. Payment and Fees

4.1 Subscription Model

Taku offers both "starter" subscription-based and "pro" subscription-based access.

You will be charged in advance on a recurring basis, either monthly or annually, depending on the subscription plan you choose during the purchase. At the end of each period, your subscription will automatically renew under the same terms unless you decide to cancel it or we cancel it.

Purchasing a subscription constitutes your agreement to provide accurate payment details and authorise us to renew automatically.

4.2 Third-Party Payment Service Provider

Taku uses Stripe as its third-party service provider for payment services (e.g., card acceptance, merchant settlement, and related services) ("Payment Processor").

If you make a purchase on the Services, you will be required to provide your payment details and any additional information required to complete your order directly to our Payment Processor.

You agree to be bound by Stripe's Privacy Policy (currently accessible at https://stripe.com/us/privacy) and its Terms of Service (currently accessible at https://stripe.com/ssa) and hereby consent and authorize Taku and Payment Processor to share any information and payment instructions you provide with one or more Payment Processor(s) to the minimum extent required to complete your transactions.

4.3 Refund Policy

We reserve the right to alter pricing.

All payments are non-refundable unless otherwise mandated by law or specified in our refund policy. Should payment fail, we may suspend or terminate your access until payment is received.

You agree to have sufficient funds or credit available upon placement of any order to ensure that the purchase price is collectible by us.

Your failure to provide accurate payment information to us and/or our Payment Processor or our inability to collect payment constitutes your material breach of this Agreement.

You may cancel your subscription at any time, cancellations take effect at the end of the current billing cycle.

4.4 Taxes

Unless stated otherwise, the costs shown on the Service exclude taxes and fees that may apply to your purchase. The amount of any applicable taxes or fees will be added to the purchase price and displayed during check-out, prior to your confirmation of the purchase order. You are solely responsible for paying any applicable taxes and fees.

5. Intellectual Property Rights

5.1 Definition

"Intellectual Property Rights" refers to patents, rights to inventions, copyrights and related rights, moral rights, data rights and database rights, rights to software code, domain names, trademarks, logos, and trade names, rights to goodwill and protection against passing off, design rights, rights to confidential information, and any other intellectual property rights, whether registered or unregistered, including all applications (and rights to apply) for such rights, renewals, and extensions, as well as rights to claim priority from such rights, and all similar or equivalent rights and forms of protection that exist now or in the future anywhere in the world.

5.2 Taku's Intellectual Property

Taku and its licensors retain all rights to the services and content provided by Taku (including software, designs, logos, and text).

You are granted a limited licence to use the services in accordance with these terms, but you may not copy, modify, distribute, create derivative works, reverse engineer, decompile, or otherwise attempt to extract the source code or underlying algorithms of the services.

Taku does not grant you any rights to its trademarks or other intellectual property.

5.3 Third-Party Intellectual Property

The Service may incorporate intellectual property owned by third parties, including open-source software. Taku assumes no responsibility for such third-party intellectual property, and you acknowledge and agree that the Company shall not be liable for any loss, damage, cost, or expense you may suffer or incur arising from any third-party intellectual property or third-party terms.

6. Input and Output

6.1 Definition

During your use of these Services, you may submit text, audio, or other content or information (collectively referred to as "Input") to these Services, and receive content generated in response to your Input ("Output").

6.2 Ownership

To the extent permitted by applicable laws and subject to these Terms, you retain your ownership rights in Input and Output.

Due to the nature of artificial intelligence, output may not be unique to you and other users of the Services may receive the same or similar output from our Services. Our services may include third party software, products or services, and some parts of our Services may include output from those services. Such third parties' services and third parties' output are subject to their own terms, and we are not responsible for them.

6.3 Input Responsibility

You are solely responsible for ensuring that input you submit is lawful, reliable, complete, accurate, and of sufficient quality. Do not include unauthorized sensitive or confidential information or personal data in your input, including but not limited to access keys, passwords, usernames, or personal account/invitation information.

6.4 Output Disclaimer

All Output provided by these Services is generated by artificial intelligence models and may contain errors or omissions.

You should have a scientific and rational understanding of and use generative artificial intelligence technology in accordance with the law.

7. Governing Law and Jurisdiction

If you have any dispute, claim, or controversy regarding these Terms or the Service, including disputes and claims arising prior to the effective date of these Terms (collectively, "Dispute"), you agree to first attempt to resolve the Dispute informally. You and Taku agree to engage in good faith in an informal dispute resolution process ("Informal Dispute Resolution") before initiating arbitration or filing a claim in small claims court.

7.1 For Non-US Users

7.1.1 Place of Signing

If you are based outside the United States, the place of signing these Terms is Singapore.

7.1.2 Governing Law

The execution, effectiveness, amendment, termination of, and any dispute concerning these Terms shall be governed by the laws of Singapore (excluding its conflict of law rules).

7.1.3 Dispute Resolution

If any dispute or controversy arises between you and Taku, it shall be resolved through negotiation between Taku and you. If the negotiation fails, you agree to submit the dispute or controversy arising out of or in connection with these Terms, including any question regarding their existence, validity or termination, to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The law governing this arbitration agreement shall be the laws of Singapore.

7.2 For U.S. Users

If you are based in the United States, the formation, enforceability, amendment, termination of, and any dispute concerning these Terms shall be governed by the laws of the State in which you reside in the United States; provided, however, that the arbitration provisions herein shall be governed by the Federal Arbitration Act and the American Arbitration Association ("AAA") Consumer Arbitration Rules and Consumer Mass Arbitration Supplementary Rules (the "AAA Rules,"), or in the event that the AAA declines or is otherwise unable to administer the arbitration for any reason, the National Arbitration and Mediation's ("NAM") Comprehensive Dispute Resolution Rules and Procedures and Supplemental Rules for Mass Arbitration Filings, as modified by the arbitration provisions herein and as described more fully below.

8. DISPUTE RESOLUTION BY BINDING ARBITRATION FOR PERSONS LOCATED IN THE USA

YOU HAVE READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO OPT OUT OF THIS PROVISION AS PROVIDED IN CLAUSE 8.3 BELOW.

8.1 Election to Arbitrate

If you are located in the USA, you and we agree that the sole and exclusive forum and remedy for resolution of a Claim shall be final and binding arbitration pursuant to this section 8 (the "Arbitration Provision"), except:

• If you opt out as provided in clause 8.3 below;
• Claims that are within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, in which case you and we agree to pursue such Claims in a small claims court only on an individual (non-class, non-representative) basis;
• Claims where the sole form of relief sought is injunctive relief (including public injunctive relief);
• Claims where both injunctive relief (including public injunctive relief) and non-injunctive relief are sought, in which you and we will first submit the Claim for non-injunctive relief to arbitration pursuant to this binding Arbitration Provision. The arbitrator will not be permitted to grant injunctive relief (unless the parties mutually agree otherwise). Once the arbitration of the Claim for non-injunctive relief has concluded, you and/or we may seek the injunctive relief (including the public injunctive relief) in court to the extent permitted by law.

As used in this Arbitration Provision, "Claim" shall include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through, affiliated with, or connected with you), on the one hand, and us (or persons claiming through, affiliated with, or connected with us) on the other hand, regardless of whether the claim arose before these Terms existed, relating to or arising out of your use (or lack of use) of, access (or lack of access) to, or a purchase from any products or services provided by us, any advertising, promotion or labeling by us, interactions or communications between or among you and us, these Terms, and/or the activities or relationships that involve, led to, or result from these Terms, including (except to the extent provided otherwise in clauses 8.4, 8.8 and 8.9 below) the validity or enforceability of this Arbitration Provision, any part thereof, or these Terms in their entirety. Claims are subject to arbitration regardless of whether they arise from contract; tort (intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counter-claims, cross-claims, third-party claims, or otherwise. The scope of this Arbitration Provision is to be given the broadest possible interpretation that is enforceable.

8.2 Applicability of the Federal Arbitration Act

This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the Federal Arbitration Act (the "FAA"). The arbitrator will apply the substantive law of the State in which you reside in the United States consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable laws of the State in which you reside in the United States, subject to the limitations set forth in this Arbitration Provision or these Terms. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information.

8.3 Opt-Out of Arbitration Provision

You may opt out of this Arbitration Provision for all purposes by sending an arbitration opt out notice to support@taku.ai within 45 days of the date of your electronic acceptance of these Terms. The opt out notice must clearly state that you are rejecting arbitration; provide your name, address, email address and telephone number; and be signed by you (which signature may be applied by including your name at the end of the email). No other methods can be used to opt out of this Arbitration Provision. If the opt out notice is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the opt out notice on your behalf in the form of a notarized power of attorney. If you opt out of only the arbitration provisions, and not the class action waiver, the class action waiver still applies. You may not opt out of only the class action waiver and not also the arbitration provisions. If you opt-out of these arbitration provisions and/or class action waiver, we also will not be bound by them.

8.4 Mandatory Informal Dispute Resolution

If a Claim arises, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the dispute quickly. You and we agree that good faith informal efforts to resolve any Claim is mutually beneficial to both parties. You and we therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a Claim is within the jurisdiction of a small claims court), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Claim covered by this Arbitration Provision ("Informal Dispute Resolution Conference"). If you or we are represented by counsel, your or our counsel may participate in the conference, but you also agree to participate in the conference, and we agree to have a non-attorney representative participate in the conference.

The party initiating a Claim must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference ("Notice"). Notice to us that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to support@taku.ai with the subject line "Dispute Notice". The Notice must include: (1) your name, (2) address, (3) if available, the email address used with us, (4) user ID, (5) if available, the confirmation or other information for the transaction that is the subject of the complaint, (6) the date of the transaction, if applicable, (7) a brief description of the nature of the complaint, and (8) the resolution you seek (together, the "Required Information"). If your Dispute Notice does not contain all of the Required Information (or an explanation of why you are unable to include it), then the Dispute Notice shall be without effect, and must be resubmitted before any arbitration or other legal action against us can be initiated. This requirement is intended to inform us that you have a complaint to be resolved. We will send you the same information, if applicable, if we initiate a Claim.

The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Claim, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree otherwise; multiple individuals initiating a Claim cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. You and we agree to try for sixty (60) days from the date of the Dispute Notice to resolve the dispute informally, including participating in at least one Informal Dispute Resolution Conference during that sixty (60) day period. Seeking to resolve the dispute informally for a period of sixty (60) days and engaging in at least one Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section. Any dispute about the validity of, enforceability of, and compliance with this clause 8.4 relating to the mandatory informal dispute resolution requirements shall be determined exclusively by a court and not by the administrator or any arbitrator.

8.5 Arbitration Procedures

The party initiating arbitration shall do so with the AAA. If, and only if, the AAA declines for any reason to administer the arbitration or is otherwise unable to administer the arbitration for any reason, you agree that, alternatively, the arbitration will be administered by the NAM. Any hearing will be conducted virtually unless the arbitrator determines that a party's right to a fundamentally fair process would be impaired without an in-person hearing. The arbitration shall be conducted according to the rules and policies of the administrator used, except to the extent the rules conflict with this Arbitration Provision or are prohibited by any countervailing law.

The arbitration will be conducted by one arbitrator, who will be selected by the parties from the administrator's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Arbitration Notice, then the administrator will appoint the arbitrator in accordance with the applicable administrator rules. You agree that the arbitration will be conducted in the English language. In the case of an in-person hearing, such hearing will be held in the United States county where you live, or any other location we agree to. You and we agree that, in the event of an in-person hearing, any employee, witness or representative of ours and any witnesses of yours who resides more than 150 miles from the location of the in-person hearing and who is participating in the hearing, may participate by telephone or video conference, and his or her physical presence shall not be required.

Ordinarily, pre-hearing information exchanges will be limited to the reasonable production of non-privileged documents directly relevant to the dispute. Unless the arbitrator determines that an additional form of information exchange is necessary to provide for a fundamentally fair process, those documents will be limited to your account records and communications directly related to the transactions between you and us that are the subject of your dispute. Any issues regarding discovery, or the relevance or scope thereof, shall be determined by the arbitrator, and the arbitrator's determination shall be conclusive. Any arbitration shall be confidential, and neither party may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award.

8.6 Arbitration Fees

Each party will be responsible for its, his, or her own initiation fees for arbitration, but if your entire Claim is for less than $1,000, we shall reimburse you for the filing fee upon written request for reimbursement with documentation of insufficient funds to pay the fee. In the event that you are able to demonstrate that the costs of arbitration would be prohibitive as compared to costs of litigation, we will pay as much of the fees and costs in connection with the arbitration as the arbitrator deems necessary in order to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation.

In the event that the AAA's Consumer Mass Arbitration and Mediation Fee Schedule (which is available at AAA's website) or the mass arbitration fee schedule of another administrator applies, such fee schedule will take precedence over any other statement in these Terms to the extent required by the AAA or another administrator, unless you are able to demonstrate that the costs of arbitration would be prohibitive as compared to costs of litigation, in which case we shall reimburse you for the filing fee upon written request for reimbursement with documentation of insufficient funds to pay the fee.

We shall pay the administrator's hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator's rules or applicable law require otherwise, or you request that we pay them and we agree to do so. Each party shall bear the fees and expenses for their respective attorneys, experts, and witnesses, and for preparation and presentation of evidence at the arbitration, except as otherwise required by law. If a statute gives you or us the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.

8.7 Arbitration Award and Appeals

Within 30 days of a final award by the arbitrator, any party may appeal the award for reconsideration by a three-arbitrator panel selected according to the rules of the arbitration administrator. In the event of such an appeal, any opposing party may cross-appeal within 30 days after notice of the appeal. The panel will reconsider de novo all aspects of the initial award that are appealed. Costs and conduct of any appeal shall be governed by this Arbitration Provision and the administrator's rules, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not appealed, and any panel award on appeal, shall be final and binding, except for any appeal right under the FAA, and may be entered as a judgment in any court of competent jurisdiction.

8.8 Batch Arbitration

Notwithstanding any provision to the contrary in the foregoing, and to the maximum extent permitted by applicable law, you and we agree that, in the event 25 or more claimants submit similar arbitration demands (those asserting the same or similar facts or claims, and seeking the same or substantially similar relief), the parties are represented by the same or coordinated counsel ("Mass Filing"), the following rules shall apply:

• The administrator shall administer the arbitration demands in batches of 100 demands per batch (or as close as possible to 100, where there are fewer than 100 demands to fill a batch) with one set of filing and administrative fees due per side per batch.
• For each such batch, the administrator shall appoint a single merits arbitrator.
• The administrator shall have the discretion to reduce any applicable fees, costs, and expenses.
• Batches may be arbitrated concurrently. Arbitration awards in one batch shall have no precedential effect on subsequently administered batches.
• You and we shall cooperate with one another and with the administrator to implement this batch arbitration process in good faith, in the interests of minimizing the costs of arbitration. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by the administrator.
• For matters and issues not covered by this Arbitration Provision, the administrator's mass arbitration rules and procedures shall apply. To the extent this Arbitration Provision and the administrator's mass arbitration rules conflict, this Arbitration Provision shall control.
• This batch provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of the administrator's mass arbitration rules or as authorizing class arbitration of any kind.

Notwithstanding the foregoing, any challenge by a party to the applicability, validity, or enforceability of this batch arbitration provision shall be decided only by a court of competent jurisdiction and not by an arbitrator. In the event that this batch arbitration provision is found to be invalid or unenforceable, or in the event that the administrator declines to implement this batch arbitration provision for any reason, the entire arbitration provision shall be of no force and effect when 25 or more individual claimants submit similar arbitration demands (those asserting the same or similar facts or claims, and seeking the same or substantially similar relief), and the parties are represented by the same or coordinated counsel. The class action waiver, as described below, will still apply to the extent permitted by law.

8.9 No Class Actions

YOU AND WE EACH AGREE THAT NO ARBITRATION OR LITIGATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION OR LITIGATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS, REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT.

Nothing in these Terms will prevent you from seeking public injunctive relief separately from arbitration in court, and any such application will not be deemed incompatible with the Arbitration Provision or as a waiver of the right to arbitrate your individual claims. You and we agree that any claims for damages and/or any relief other than public injunctive relief must be heard in arbitration first, with any claims seeking a remedy of public injunctive relief in court proceeding only after the arbitration of all arbitrable Claims, and any claims or portions of claims seeking a remedy of public injunctive relief will be stayed pending the outcome of the arbitration pursuant to section 3 of the FAA. If you file a lawsuit in court seeking public injunctive relief before meeting the preconditions of the Mandatory Informal Dispute Resolution process or the Arbitration Provision, you will be waiving your right to seek damages from us or our affiliates relating to any Claims governed by these Terms. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction.

No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this No Class Actions clause, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of the prohibition in this clause 8.9 from proceeding in arbitration on a class, representative or collective basis shall be determined exclusively by a court and not by the administrator or any arbitrator. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or consolidated or representative action must be brought in a court of proper jurisdiction and not in arbitration.

8.10 Survival and Severability of Arbitration Provision

This Arbitration Provision shall survive the termination of these Terms. If any portion of this Arbitration Provision other than the batch arbitration provision in clause 8.8 and the prohibition on bringing class or collective actions in arbitration as set forth in clause 8.9 is deemed invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remaining portions of this Arbitration Provision shall nevertheless remain valid and in force. For the avoidance of doubt, this means that, if clause 8.8 on batch arbitration is found under the law to be invalid or unenforceable in the event that 25 or more individual claimants submit similar arbitration demands and are represented by the same or coordinated counsel, or if clause 8.9 on the prohibition on bringing class or collective actions is found under the law to be invalid or unenforceable to any extent, then you agree that the entire arbitration provision shall be of no force and effect. In no event shall any invalidation be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision.

8.11 No Jury Trials

To the extent permitted by applicable law, you and we both agree to waive our right to a jury trial.

8.12 WAIVER OF RIGHT TO LITIGATE

You understand that by agreeing to these Terms of Service, YOU AND WE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.

You and we are selecting that all Claims shall be resolved by arbitration under this Arbitration Provision, except as specified in clause 8.1 above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

9. Changes to Terms

Taku may update these Terms from time to time. We will post the updated terms on our website with the revision date indicated.

Significant changes (such as increases in subscription fees) will be highlighted.

Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the new Terms.

10. Contact Us

If you have any questions about these terms and conditions, you can contact us via support @taku.ai