May 8, 2024
Welcome to Franchise Ai! Please read these Terms of Service carefully before using our website and services.
Franchise Ai LLC. (“Franchise Ai”, “Company”, “we”, “us”, or “our”) provides the services that you are accessing on this application (the “Application”). These Terms of Use, the Privacy Policy, and any other terms and conditions on the Application that govern particular features of the Application as they may exist now or be developed in the future (the “Additional Terms”), collectively, govern your use of, and access to, this Application. You agree to be bound by these Terms if you use this Application. Be sure to check this page periodically for updates, as your continued use of the Application signifies your acceptance of any changed Terms. By accessing the Application, you represent and warrant to us that (i) you have accessed the Application through the use of a duly authorized user name and password (“Authorized User”); (ii) you are required to protect the confidentiality of such user name and password and not share the user name or password with any third party not otherwise authorized to access the Application; and (iii) you will promptly notify us in writing if you suspect that your user name and/or password is lost, stolen, compromised, or misused. These Terms and Conditions are not intended to supersede, revoke, or replace any written agreement between you or the entity authorizing your access to the Application and the Company. Accordingly, in the event of a conflict between these Terms and Conditions and such written agreement with us, the terms and conditions of the written agreement will control. Franchise Ai is authorized to revoke your right to access the Application at any time, regardless of your status as an employee or Authorized User or authorized agent of Franchise Ai without any notice to you if we believe you have violated these Terms, or applicable law, or if the Company determines you are no longer an employee, Authorized User, or authorized agent.
BINDING AGREEMENT
BY USING THIS APPLICATION, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS, AND AGREE TO BE BOUND BY ALL OF THEM, AS THEY MAY BE AMENDED OR SUPPLEMENTED FROM TIME TO TIME BY COMPANY, IN ACCORDANCE WITH THE TERMS. IF YOU DO NOT AGREE, DO NOT USE THIS APPLICATION.
GEOGRAPHICAL RESTRICTIONS
Restriction on Users from the European Union (EU) and European Economic Area (EEA): Franchise Ai LLC. is targeted at users based exclusively in jurisdictions outside the European Union (EU) and the European Economic Area (EEA). Therefore, we do not offer services to individuals located within the EU/EEA or any other jurisdictions that impose data protection regulations similar to the General Data Protection Regulation (GDPR). By agreeing to these Terms of Use and accessing or using our Application, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list where GDPR or similar data protection laws apply, and that you will not access or use the Application, or accept these Terms, if you are located in any such country.
Consequences of Misrepresentation: If it comes to the attention of Franchise Ai LLC. that you are located within the EU/EEA or a similar jurisdiction, your access to the Application may be terminated immediately without notice. Furthermore, you agree to indemnify Franchise Ai LLC. against any claims, costs, damages, losses, liabilities, expenses, or legal proceedings that may arise as a result of your non-compliance with this provision.
Understanding and Acknowledgment: By using this Application, you acknowledge that you have read and understood this section and agree to comply with the specified geographical restrictions. If you do not meet these criteria, you are prohibited from using the Application and must cease any use immediately.
PRIVACY
Please review our Privacy Policy, which also governs your use of the Application, to understand our privacy practices.
COPYRIGHT
Content uploaded by you onto this Application will remain your property (“Your Content”). All other content included on this Application, such as text, graphics, logos, button icons, images, audio clips, photographs, illustrations, digital downloads, data compilations, and software, and the compilation (including the collection, selection, assembly, and arrangement) of such materials is the property of Company or its licensors or content suppliers, and are protected by copyright, trademark, and other laws in the United States and other jurisdictions. By submitting, posting, or displaying Your Content on the Application, you hereby grant Company and its affiliated companies, sublicenses, and other Authorized Users of the Application, an irrevocable, perpetual, transferable, non-exclusive, royalty-free, worldwide license to reproduce, adapt, modify, translate, publish, publically perform, publically display, or distribute any of Your Content you submit, post, or display on or through the Application.
For white-label deployments, partners are granted the right to replace certain graphical elements with their own, as outlined under the White-Label License section. Despite these modifications, all underlying intellectual property rights, including but not limited to software code, technology, and user interface (excluding partner-provided content), remain the sole property of Frachise Ai LLC. Partners must ensure that their content does not infringe upon third-party rights and must obtain all necessary rights and permissions for any third-party content they wish to use within the platform.
TRADEMARKS
Franchise Ai™ and the Franchise Ai™ logo are trademarks of Franchise Ai LLC. This is not intended to be a complete list of all of the Company’s trademarks, and the Company owns or controls the proprietary rights in trademarks not listed here and in one or more countries outside the United States. Franchise Ai’s trademarks and trade dress may not be used in any form without the prior written consent of the Company, and any use shall be subject to the Company’s then-current policies and requirements. All other trademarks, services marks, logos, designs, and trade dress that appear on this Application but are not either Your Content or owned by the Company are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company.
MARKETING AND BRANDING RIGHTS
By creating an account or using our services, you grant Franchise Ai LLC. the non-exclusive, royalty-free, revocable right to use your company’s name, logo, and other brand elements (collectively, "Branding Materials") for the purposes of marketing, advertising, promotional content, and case studies. This may include, but is not limited to, inclusion on our website, in sales presentations, in promotional emails, and in digital or print advertising materials.
You represent and warrant that you have all necessary rights and authority to grant such permissions for the Branding Materials. Franchise Ai LLC. agrees to use your Branding Materials in a manner that reflects positively on your company and will not modify or alter these materials without your prior approval, except to adapt them for various formats as required.
You may withdraw this consent at any time by providing written notice to support@franchisesystems.ai. Upon receiving such notice, Franchise Ai LLC. will cease further use of your Branding Materials in any new marketing efforts. However, Franchise Ai LLC. will not be required to remove or alter any previously distributed materials that contained your Branding Materials.
LICENSE, LIMITATIONS ON USE AND SITE ACCESS
Except for Your Content, the materials contained on this Application include items that are proprietary and include trade secrets of the Company that are not authorized for general distribution and that have substantial value due to their contents and secrecy (the “Materials”). The Materials are intended for access and use only by Authorized Users, our employees, and other authorized agents. You agree to: (i) maintain the security and confidentiality of the Application using at least the same standards you use to maintain the confidentiality of your own proprietary information and trade secrets, but in no case less than prevailing industry standards; (ii) notify us immediately upon discovery or suspicion of compromise of the confidentiality of the Materials or any use of the Application in violation of these Terms; and (iii) not disclose the Materials, or any information contained therein or on the Application to any third parties, except as specifically authorized by us in writing. You may not download, modify, copy, reproduce, republish, post, resell, upload, transmit, or distribute material, including the Materials, or any portion of it from the Application or any similar non-public Application owned, operated, licensed, or controlled by Franchise Ai or its licensors, except with the express written consent of Franchise Ai.
In addition, you agree not to:
Use or access the Application for any purpose that is unlawful or prohibited by these Terms;
Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company, or our subsidiaries or our affiliates without express written consent;
Use any meta tags or any other “hidden text” utilizing Company’s trade names, trademarks, service marks, or logos without the express written consent of Company;
Make any commercial or non-fair use of the copyrights, trademarks, logos, symbols, or any other mark, device, or commercial identifier of Company without the express written consent of Company;
Use or access the Application in a manner that could damage, disable, overburden, or impair any Company server or the networks connected to any Company server;
Interfere with any third party’s use and enjoyment of the Application;
Attempt to gain unauthorized access to the Application, accounts, computer systems, or networks connected to any Company server through hacking, password mining, or any other means;
Sublicense any license granted in or to materials on the Application under these Terms (whether or not any of such acts are for commercial gain or advantage); or
Reverse engineer, decompile, modify, or create derivative works from any software accessible by or on the Application unless specifically authorized by the owner of the software.
ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
WHITE-LABEL LICENSE
Subject to these Terms, we grant our white-label partners a non-exclusive, non-transferable, revocable license to modify the Brand’s Applicant Portal user interface, including but not limited to the customization of logos, color schemes, and the inclusion of partner-specific content such as text, images, and videos. Partners are also permitted to reconfigure the order of steps and forms within the portal to better align with their branding requirements. This license does not extend to any underlying software code, and the partners are not permitted to alter the software's core functionality.
COMPLIANCE WITH LAWS
Both Franchise Ai LLC. and our white-label partners must comply with all applicable local, state, national, and international laws and regulations, including those related to data protection, privacy, and electronic communications. It is the responsibility of the white-label partner to ensure that any content displayed on their customized Applicant Portal, including mandatory disclosures and privacy notices, adheres to all relevant laws governing their specific industry and region. Furthermore, partners must ensure that the portal remains accessible according to standards outlined in applicable disability laws. Franchise Ai LLC. will provide the necessary tools and support to facilitate compliance but ultimate responsibility for the implementation of these legal requirements within the white-labeled environment rests with the partner.
COMPLIANCE WITH EXTERNAL POLICIES
Franchise Ai LLC. is committed to ensuring that our services, including integrations with Google APIs, fully comply with the requirements set forth by external policies, including but not limited to the Google API Services User Data Policy. We strictly adhere to these policies regarding data handling, user consent, and security
DATA SECURITY AND PRIVACY
In alignment with our Privacy Policy and in addition to our compliance with external policies, Franchise Ai LLC. prioritizes the security and privacy of your personal information. Our integration with Google services is designed with stringent data security measures, including industry standard encryption and access controls, to safeguard your information against unauthorized access, alteration, and misuse. We are dedicated to protecting the data collected through Google APIs and our platforms, ensuring that it is used solely for the purpose of enhancing and providing our services to you. Our security practices are continually reviewed and updated in response to evolving threats and in compliance with industry standards, demonstrating our unwavering commitment to maintaining your trust and ensuring the confidentiality, integrity, and availability of your data.
INFRINGEMENT
If you believe that any third party has violated these Terms or infringed any of our rights in this Application or the materials contained on this Application, please contact us at: support@franchisesystems.ai
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
To the extent that users may post or communicate reviews, comments, and other content; send communications; and submit suggestions, comments, questions, or other information on or through the Application (collectively, the "Submission"), you agree not to post or submit or publish through the Application or otherwise make available on the Application any content (including any Submission), or act in a way, which in our opinion:
is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, pornographic, racist, abusive, harassing, threatening, offensive or otherwise injurious to third parties or objectionable;
includes programs which contain or consist of software viruses, worms, and/or "Trojan horses" or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications;
amounts to political campaigning, commercial solicitation, "pyramid" or similar scheme; chain letters, mass mailings, or any form of "spam";
seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
violates any law or the Terms, or may be considered to violate any law or the Terms;
transmits confidential or proprietary information under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement) or otherwise contains unsolicited proprietary ideas;
advocates or promotes illegal activity;
impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on the Application;
solicits funds, advertisers or sponsors;
involves spoofing or otherwise impersonating any person or entity, including, without limitation, any other users or any of Franchise Ai LLC.’s personnel or falsely stating or otherwise misrepresenting your identity or affiliation in any way, forging any TCP/IP packet header or any part of the header information in any e-mail or other posting, using a false e-mail address, or impersonating any person or entity;
disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real-time activities via the Application;
copies any other pages or images on the Application except with appropriate authority;
amounts to “data warehousing” (i.e., using any web space made available to you as storage for large files which are only linked from other sites);
disobeys any policy or regulations established from time to time regarding use of the Application or any networks connected to the Application;
contains links to other sites that contain the kind of content, which falls within the descriptions set out at in (a) to (q) above.
You further agree to require any third party who you authorize to access the Application to abide by the foregoing rules regarding Submissions to this Application. Franchise Ai LLC. reserves the right (but not the obligation) to review, remove or edit such content or any Submission which Franchise Ai LLC. in its sole discretion considers to be in violation of these Terms. However, you acknowledge and agree that we do not regularly review posted Submissions or other content and that we are not under any obligation to control or monitor any Submissions published by you or any other Application users. Franchise Ai LLC. takes no responsibility and assumes no liability for any Submission made or content posted by you or any third party. If you or an Authorized User do post or make a Submission you agree that to the extent such Submissions are Your Content, they will be your property and you will be responsible for the content of the Submission including, without limitation, any indemnification obligations related to such Submission. Franchise Ai LLC. will not be required to treat any Submissions as confidential, and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future publications.
EMAIL AND OTHER COMMUNICATIONS
In connection with your use of this Application, you consent to Franchise Ai LLC. recording any communication, electronic or otherwise, between you and Franchise Ai LLC. and retaining any Submission you make while using the Application.
INDEMNIFICATION
You agree to indemnify and hold harmless Franchise Ai LLC., their affiliates and subsidiaries, and all of their managers, members, directors, officers, agents, employees, franchisees, suppliers, vendors, and service providers from any claims, judgments, liability, and expenses, including reasonable attorneys' fees, whether in tort, in contract or otherwise, that it or any of them may incur by reason of or arising out of any claim, including claims for copyright infringement, defamation, invasion of privacy, or infringement of rights of publicity, that are made by any third party relating to your breach of the Terms or use of this Application.
You agree to indemnify, defend, and hold harmless Franchise Ai LLC. and its affiliates, officers, agents, employees, and licensors from any claims, damages, liabilities, costs, and fees (including reasonable attorney fees) arising from your use of the white-label features as permitted under these Terms, including but not limited to violations of third-party intellectual property rights, data breaches, or non-compliance with applicable laws. This indemnification obligation will survive the termination or expiration of this agreement and your use of the Application.
LINKS
You expressly acknowledge that this Application may contain links to other Applications or websites not controlled, operated, or owned by Franchise Ai LLC. Unless otherwise expressly provided by Franchise Ai LLC., we provide no endorsement or representation of any kind regarding the products, services, content, or appropriateness of content of such Applications, and explicitly disclaim any responsibility for the accuracy, content, or availability of the information, products, and/or services found on or through any such linked Application. We do not make any representations or warranties as to the security of any information (such as credit card and other sensitive information) you might give on any such linked Application or website. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
DISCLAIMER OF WARRANTIES
THIS APPLICATION, THE INFORMATION, AND MATERIALS CONTAINED WITHIN IT, AND THE SERVICES PROVIDED ON IT ARE PROVIDED BY Franchise Ai LLC. ON AN “AS IS” AND “AS AVAILABLE” BASIS. Franchise Ai LLC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS APPLICATION OR THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED OR MADE AVAILABLE ON OR THROUGH THIS APPLICATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Franchise Ai LLC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ON THIS APPLICATION, AND ON THE INFORMATION AND MATERIALS AND SERVICES PROVIDED ON OR OFFERED FOR SALE ON THIS APPLICATION INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. Franchise Ai LLC. DOES NOT REPRESENT OR WARRANT THAT THIS APPLICATION, ITS SERVERS, OR E-MAIL SENT FROM Franchise Ai LLC., ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE FUNCTIONS CONTAINED IN THIS APPLICATION OR MATERIALS MADE AVAILABLE THROUGH THIS APPLICATION WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. Franchise Ai LLC. DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON ANY APPLICATION IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE, OR OTHERWISE.
LIMITATION OF LIABILITY
Franchise Ai LLC. AND ITS RESPECTIVE MANAGERS, SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, VENDORS, FRANCHISEES, AND/OR SUPPLIERS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ANY OF THEM HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING FROM OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE APPLICATION, WITH THE DELAY OR INABILITY TO USE THE APPLICATION OR RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF PROFITS, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION. IF YOU ARE DISSATISFIED WITH ALL OR ANY PORTION OF THE APPLICATION, OR WITH ALL OR ANY OF THE TERMS, PRIVACY POLICY AND/OR ADDITIONAL TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APPLICATION. SOME JURISDICTIONS MAY NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, IN WHICH CASE THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. THE LIMITATIONS ON DIRECT AND INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARE INDEPENDENT OF ONE ANOTHER AND ANY OTHER LIMITATIONS SET FORTH IN THESE TERMS.
TERMINATION
Franchise Ai LLC. reserves the right, in its sole discretion, to terminate or suspend access, or the ability to use the Application at any time without notice. Upon such termination, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately: (a) discontinue use of the applicable Application(s); and (b) discontinue use of and destroy or return to Franchise Ai LLC. any materials (unless otherwise agreed to in writing by Franchise Ai LLC.). Notwithstanding the foregoing, any provisions of these Terms expressly identified or that would by their nature survive such termination shall so survive.
In addition to other conditions set forth herein, the white-label license granted under these Terms may be terminated if the partner violates any specified customization guidelines or misuses the software in a way that affects the integrity or operation of the platform. Such termination can be enacted with immediate effect, and the partner must cease all use of the white-labeled portal and remove all customized content promptly upon termination.
INVESTIGATIONS
Franchise Ai LLC. may seek to gather information from the user who is suspected of violating these Terms, and from any other user. Franchise Ai LLC. may suspend access or use by any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate, without notice. If Franchise Ai LLC. believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users, terminate accounts or take other corrective action it deems appropriate. Franchise Ai LLC. will fully cooperate with any law enforcement authorities or court order requesting or directing Franchise Ai LLC. to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms. YOU WAIVE AND HOLD Franchise Ai LLC. HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Franchise Ai LLC. DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER Franchise Ai LLC. OR LAW ENFORCEMENT AUTHORITIES.
AGENT FOR NOTICE OF CLAIMED COPYRIGHT INFRINGEMENT
Your address, telephone number, and e-mail address;
Identification of the copyrighted work (or works) that you claim has been infringed;
A description of the material that you claim is infringing the copyrighted work;
A clear description of where the infringing material is located on the Application, including its URL, so that Franchise Ai LLC. can locate the material;
A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest.
You agree to promptly forward to Franchise Ai LLC. a copy of any such notice you receive from an Authorized User.
ASSIGNMENT
We, Franchise Ai LLC., may assign our rights and obligations under these Terms, without notice, to: (a) any affiliate of Franchise Ai LLC.; or (b) any party or its affiliate acquiring all or substantially all of the assets or stock by merger or otherwise of Franchise Ai LLC. or any affiliate of Franchise Ai LLC. These Terms may not be assigned by you without our prior written consent.
GOVERNING LAW AND JURISDICTION
This Application (excluding linked websites) is controlled by Franchise Ai LLC. from its offices within the United States. Franchise Ai LLC. makes no representations or warranties that the information, products, or services contained on the Application are appropriate for use or access in locations other than the United States. If you are using or accessing the Application from locations other than in the United States, you are responsible for compliance with Delaware and United States laws, as well as local laws in countries from which you are accessing this Application, if and to the extent applicable. Use of this Application is not authorized in any jurisdiction that does not give effect to these Terms, including without limitation this paragraph. You agree that all matters relating to your access to, or use of, any Application, and all disputes arising out of or in connection with your use of any Application, these Terms and/or any products you purchase through this Application shall be governed by and construed in accordance with the laws of the State of Delaware, except for the conflicts of laws rules thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of New Castle County, State of Delaware for all such disputes, and acknowledge that you do so voluntarily. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Application or these Terms must be brought within one (1) year after such claim or cause of action arises.
ALTERNATIVE DISPUTE RESOLUTION (ADR)
Initiation of Dispute Resolution Process: Franchise Ai LLC. and you agree to engage in a good faith effort to resolve any dispute arising out of or related to these Terms, the Application, or the services provided by Franchise Ai LLC. through informal negotiation for at least thirty (30) days before initiating arbitration or any other formal legal action. Such negotiation commences upon receipt of written notice from one party to the other. You must send your notice to Franchise Ai LLC. at the address provided herein, and we will send our notice to the contact information associated with your account.
Mandatory Arbitration of Disputes:
Agreement to Arbitrate: You and Franchise Ai LLC. agree that any unresolved disputes arising out of these Terms, the Application, or the services provided (excluding disputes expressly permitted to be brought in a court of law) will be submitted to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.
No Class Actions: You and Franchise Ai LLC. agree that arbitration will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a dispute proceeds in court rather than in arbitration, we each waive any right to a jury trial.
Arbitrator's Authority: The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including but not limited to any claim that all or any part of these Terms is void or voidable.
Location of Arbitration: Arbitration shall take place in New Castle County, Delaware, USA, or another mutually agreed location. The arbitrator's decision shall be controlled by the terms and conditions of these Terms and any of the other agreements referenced herein that the applicable user may have entered into in connection with the Application.
Costs of Arbitration: Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Franchise Ai LLC. will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
Exceptions to Arbitration: This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. Claims related to intellectual property infringement and other proprietary rights are not subject to this arbitration agreement.
Severability: If any part of this ADR section is held to be invalid or unenforceable, the remaining parts of this section will remain in force. If a claim proceeds in court rather than through arbitration, we each waive any right to a jury trial.
Modification: Notwithstanding any provision in these Terms to the contrary, we agree that if Franchise Ai LLC. makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Franchise Ai LLC. at the provided address.
INJUNCTIVE RELIEF
You acknowledge and agree that any violation of the Terms, including without limitation, the Privacy Policy and/or the Additional Terms, relating to the disclosure, use, copying, distribution, display, or publishing of the information and/or materials on the Application and use of the Application may result in irreparable injury and damage to Franchise Ai LLC. that may not be adequately compensable in money damages, and for which Franchise Ai LLC. will have no adequate remedy at law. You, therefore, consent and agree that Franchise Ai LLC. may obtain injunctions, orders, or decrees as may be reasonably necessary to ensure compliance with the Terms. You waive any requirement of the posting of a bond that may apply for the issuance of any injunctions, orders, or decrees.
AMENDMENT
We reserve the right to make changes, modifications, amendments, and/or updates to our Applications and these Terms, including without limitation, the Privacy Policy and/or the Additional Terms, at any time with or without prior notice and for any reason. Changes to these Terms shall be effective when posted. You are responsible for reviewing these Terms each time you use or access the Application. You agree that continued use of the Application is an acknowledgment and consent to any and all terms and conditions contained in the Terms, as amended from time to time by Franchise Ai LLC.
WAIVER
Our failure to exercise or enforce any right or provision of these Terms, including without limitation, the Privacy Policy and/or the Additional Terms, shall not constitute a waiver of such right or provision.
SEVERABILITY
If any provision of these Terms shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
QUESTIONS
Questions or comments regarding the Application or these Terms should be directed to:
Franchise Ai LLC,
701 Tillery Street Unit 12-2091,
Austin, Texas 78702, United States
Effective Date: 05.08.2024
©Franchise Ai LLC. Franchise Ai LLC. All rights reserved.