Please read these Terms of Service ("Terms", "Terms of Service", "Terms of Use") carefully before using Museland App and any products and services ("our Products"), including contents, tools, features and functionality offered on or through our Website or App (collectively referred to as the "Services") that are operated by Zulution Intelligence Pte. Ltd., ("Company", "Muser AI", "our", "we" or "us").

For purposes of these Terms, "you" and "your" means you as the user of the Services. As a user of the Services, you are granted access for your own individual use only. If you use the Services on behalf of a company or other entity then "you" includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.

We reserve the right to change these Terms of Service or impose new conditions on the use of the Services, from time to time. The "Last Updated" date indicates when a change has been made. If we make a material change, we will post a prominent notice of the change on the home or landing page of our Products or otherwise notify you so you may choose whether to accept the change by continuing to use our Products or terminate your account. By continuing to use our Products after we post any such changes or notify you of any material changes, you accept the Terms of Service, as modified. If you don’t understand or agree to these Terms of Service, please do not use the Services. We also reserve the right to deny access to the Services to anyone who violates these Terms of Service or who, in our sole determination, interferes with the ability of others to enjoy our Products or infringes the rights of others.

User of the Services

Your Registration Obligations. You may be required to register a user account in order to access certain content or use certain features of our Services. To register an account, access certain features of our Services, we may ask you to provide certain Personal Information (as defined in our Privacy Policy). For the kind of Personal Information we collect, the purposes of the collection, and how we use your Personal Information, please read our Privacy Policy. If you choose to register, you agree to provide and maintain true, accurate, current, and complete information about yourself.

We reserve the right to reject or terminate any username created by you which we deem offensive or inappropriate. We may also terminate your account or access to the Services if you violate these Terms of Service or interferes with the ability of others to enjoy our Services or infringes the rights of others. You are responsible for maintaining the confidentiality of the account and the password to access the account. You are responsible for all activities (whether by you or by others) that occur under your account. You agree to notify us immediately of any unauthorized access to your account, or any other breach of security. You agree to log out your account at the end of each session. We are not responsible for any losses or damages arising from your failure to protect your password or account information.

Right to Modify or Discontinue Services

We reserve the right to modify or discontinue the Services, or any part of them, at any time, with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

General Practices Regarding Use and Storage

You acknowledge that Muser AI may establish general practices and limits concerning the use of the Services, including without limitation the maximum period of time that your Personal Information or other content will be retained by us and the maximum storage space that will be allotted on Muser AI’s servers on your behalf. You agree that we are not responsible for the information or content provided by you or generated through your use of our Services except for the Personal Information subject to our Privacy Policy. You acknowledge that Muser AI reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Muser AI reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Conditions of Use

User Conduct. You agree to comply with the following conditions while using our Services. You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials ("Content") that you upload, submit, transfer, post, publish, display, email, or otherwise transmit via the Services ("Transmit"). Your use of the Services may also be subject to license and use restrictions set forth in the Creative ML Open RAIL-M License. The following are examples of the kind of Content and/or use that is illegal or prohibited by Muser AI.

You agree to not use the Services to:

• Generate, Transmit any Content that: (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to Transmit under any law or relationships, contractual or otherwise; (ii) is verifiably false and/or with the purpose of harming others; (iii) poses or creates a privacy or security risk to any person or contains personally identifiable information that can be used to harm an individual; (iv) contains malware, software viruses, or any other malware designed to interrupt, destroy or limit the functionality of any computer or telecommunication systems; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail", "spam", "chain letters", "pyramid schemes," "contests", "sweepstakes", or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole determination of Muser AI, is objectionable or which restricts or inhibits any other person from using or enjoying our Products or Services, or which may expose Muser AI or its users to any harm or liability of any type;
• interfere with or disrupt our Services, or servers or networks that are connected to our Services, or fail to comply with any requirements, procedures, policies or regulations of networks that are connected to our Services;
• violate any applicable local, state, national or international law or regulations;
• impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• solicit personal information from anyone under the age of 18;
• exploit, harm or attempt to exploit or harm minors in any way;
• conduct scraping, data mining, data extraction or data harvesting by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
• to conduct fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation;
• to provide financial, trading and investment advice;
• advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
• further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
• obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services;
• lease, lend, sell or sublicense any part of the Services;
• try to get around any technological measure designed to protect the Services or any technology associated with the Services;
• reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any Services source code, in whole or in part (unless a portion of code contained within the Services is released as open source and the open source license governing such code expressly permits reverse engineering, copying or other modification)
• create malicious or abusive Content (as determined by Muser AI in its sole discretion) or any Content that violates a Muser AI policy; or use the Services (or any part thereof or any technology contained therein) in any manner that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable laws.
• discriminate against or harm individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics;
• exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
• take any action intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories;
• provide medical advice and medical results interpretation;
• generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g., by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily targeted use).
• conduct any form of political manipulation

Muser AI reserves the right to investigate and take appropriate action against anyone who, in our sole determination, violates this provision, including without limitation, removing the offending Content from the Services, suspending or terminating the account of such violators and reporting them to appropriate law enforcement authorities. You agree to indemnify and hold harmless Muser AI, our affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any liability of any nature arising out of or related to any Content Transmitted via the Services by you or by others using your account.

Intellectual Property Rights

User Content

With respect to the Content, you Transmit or create using the Services, including Musers and Generations as defined below ("User Content"), you represent and warrant that you own all rights, titles, and interests in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, or are otherwise permitted to use them for the applicable purposes. You retain all rights in the User Content (to the extent you would otherwise hold such rights) and hereby grant and will grant Muser AI to the fullest extent permitted under the law a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content for any Muser AI-related purpose in any form, medium or technology now known or later developed.

Characters and Generations

For any automated AI character ("Muser") that you create or Transmit using the Services, you own all rights in that Muser (and to the extent you create derivative works, you own all rights that you may be capable of owning) and for and any text, images or video the Muser generates that are elicited directly or indirectly by you ("Generations"), you agree to grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, sublicensable, non-exclusive, unrestricted, worldwide license to use, copy, store, display, modify, transmit, sell, exploit, create derivative works from, upload, distribute, and/or publicly perform or display such Muser and Generations, in whole or in part, in any manner or medium or technology (whether now known or hereafter developed), for any purpose that we choose.

Where you interact with a Muser created or shared by Muser AI or another user to generate your own Muser or Generations, to the extent that such Muser or Generations are capable of any rights, you will grant us, anyone authorized by us and the creators of the preceding Musers by lineage, a royalty-free, perpetual, irrevocable, sublicensable, non-exclusive, unrestricted, worldwide license to use, copy, store, display, modify, transmit, sell, exploit, create derivative works from, upload, distribute, and/or publicly perform or display such Muser and Generations, in whole or in part, in any manner or medium or technology (whether now known or hereafter developed), for any purpose that we choose.

Services, Content, Software and Trademarks

Unless otherwise stated, the Services and Content made available through the Services are the property of Muser AI, and/or our affiliates or licensors, and are protected by applicable copyright, trademark, and other intellectual property laws. The Services are provided solely for your personal noncommercial use. You may not use the Services and Content in a manner that constitutes an infringement of our rights or that has not been authorized by us. For information about requesting permission to reproduce or distribute materials from the Services, please contact us at message@museland.ai.

When you Transmit any User Content via the Services, you grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, sublicensable, non-exclusive, unrestricted, worldwide license to use, copy, store, display, modify, transmit, sell, exploit, create derivative works from, upload, distribute, and/or publicly perform or display such User Content, in whole or in part, in any manner or medium or technology (whether now known or hereafter developed), for any purpose that we choose. The foregoing grant includes the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under applicable copyright, trademark or patent laws that exist in any relevant jurisdiction. Also, in connection with the exercise of these rights, you grant us, and anyone authorized by us, the right to identify you as the author of any User Content created by you, in whole or part, by name, email address or screen name, as we deem appropriate. You understand that the technical processing and transmission of the Services, including Content Transmitted by you, may involve transmissions over various networks, and may involve changes to the Content to conform and adapt to technical requirements of connecting networks or devices. You will not receive any compensation of any kind for the use of any materials Transmitted by you.

Responsibility for what is Transmitted through the Services, lies with each user. You alone are responsible for the Content you Transmit. We are not responsible for the Content you or others may Transmit through the Services.

It is possible that other Muser AI users will Transmit obscene or offensive Content through our Services to the public at large or to you directly. It is possible that by using our Services, other people outside the control of Muser AI may gain access to Personal Information about you. Muser AI, our affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives and licensors are not responsible for actions of these outside parties.

You understand that we have no obligation to monitor user activities or Content Transmitted by users. However, we reserve the right at all times, in our sole discretion, to screen Content Transmitted by users and to edit, move, delete, and/or refuse to accept any Content that in our sole determination violates these Terms of Service, or is otherwise unacceptable or inappropriate, whether for legal or any other reasons.

You understand and agree that you are solely responsible for your actions and decisions to meet other people who you meet online by using our Services. You understand that we do not perform psychological testing or background checks on the individuals who may use our Services. You understand and agree that you will take all reasonable precautions before meeting others through our Services, including but not limited to exchanging emails before giving out any Personal Information and meeting in a public place.

Limitations on Linking and Framing

You are free to establish a hypertext link to our Services so long as the link does not state or imply any sponsorship of any Content associated to you. However, you may not, without our prior written permission, frame or inline link any of our Content or incorporate such Content into another website regardless of whether it is protected intellectual property.

Limitations on Use of Third-Party Materials

Some of the material available through the Services is provided by third parties. By using the Services you agree and acknowledge that (1) you will not publish, display, broadcast, or rewrite for broadcast or publication, or redistribute, directly or indirectly in any medium, any third party text, photo, graphic, audio, and/or video material; and (2) no third party materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Muser AI will not be held liable for any inaccuracies, errors or omissions in such materials. Please note that third parties may impose other terms and conditions on the use of its materials.

You agree that in connection with your use of the Services, you will not engage in or use any data mining, robots, scraping or similar automated data gathering or extraction methods. If you are blocked by Muser AI from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blockage (e.g., by masking your IP address or using a proxy IP address). Any use of the Services and Content, other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by Muser AI.

Third Party Content and Links

Under no circumstances will Muser AI be liable in any way for any Content provided or maintained by third parties, including character bots created by third parties and any Generations resulting from such character bots, including, but not limited to infringement of intellectual property rights, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any such Content.

Any links or access to such third-party sites, applications or resources do not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through our Services. In addition, neither we nor our parent or subsidiary companies nor any of our respective affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Services or on websites linked to by us through the Services.

You further acknowledge and agree that Muser AI will not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on any Content, events, goods or services available on or through any such sites, resources or applications. Any dealings you have with third parties while using the Services are between you and the third party, and you agree that neither we nor our parent or subsidiary companies nor any of our respective affiliates is liable for any loss or claim that you may have against any such third party.

You acknowledge that Muser AI does not pre-screen Content, but that Muser AI and its designees have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Services. Without limiting the foregoing, Muser AI and its designees have the right to remove any Content that violates these Terms or is deemed by Muser AI, in its sole discretion, to be otherwise objectionable. You agree that you will evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

Trademarks and Logos

The Muser AI name and logos are trademarks of Muser AI (collectively the "Muser AI Trademarks"). Other trademarks used and displayed via the Services may be trademarks of their respective owners who may or may not endorse or be affiliated with or connected to Muser AI. Nothing in these Terms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Muser AI Trademarks without our prior written permission in each instance. All goodwill generated from the use of Muser AI Trademarks will inure to our exclusive benefit.

User Content

Responsibility for what is posted on discussion forums, such as blogs, photo- and video-sharing pages, and other areas on our Services through which users can Transmit information or material lies with each user - you alone are responsible for the Content you Transmit. We are not responsible for the Content you or others may Transmit through our Services.

You understand that we have no obligation to monitor any discussion forums, blogs, photo- or video-sharing pages, or other areas of our Services through which users can Transmit Content. However, we reserve the right at all times, in our sole discretion, to screen Content Transmitted by users and to edit, move, delete, and/or refuse to accept any Content that in our sole determination violates these Terms of Service or is otherwise unacceptable or inappropriate, whether for legal or any other reasons.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services ("Submissions") provided by you to Muser AI are non-confidential and Muser AI will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, without acknowledgment of or compensation to you.

Without limiting the foregoing, you acknowledge and agree that Muser AI may preserve Content and may also disclose Content if required to do so by law or in good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Muser AI, its users and the public.

You acknowledge and agree that we may preserve Content transmitted by you, and may also disclose such Content if required to do so by law or if, in good faith belief that, such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Content Transmitted by you violate the rights of third parties; or (d) protect the rights, property, or personal safety of our Site, us, our affiliates, our officers, directors, employees, representatives, our licensors, other users, and/or the public.

Copyright Complaints.

Notice of Copyright Infringement

If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Services in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice to Zulution Intelligence Pte. Ltd., email: message@zulution.ai

Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Services; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms of Service.

We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement.

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to Transmit and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent: your physical or electronic signature; identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, Muser AI will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

In appropriate circumstances and at Muser AI’s sole discretion, Muser AI may also limit access to the Services and/or terminate your user account if your User Content infringes the intellectual property right of another, regardless of whether the infringement is repeated.

Indemnity and Release

The information, products and services offered on or through the Services and any third-party sites are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services or any of its features will be uninterrupted or error-free, that defects will be corrected, or that any part of the Services or the Servers that make it available, are free of viruses or other harmful components.

We do not warrant or make any representations regarding the use or the results of the use of the Services or the Content made available through the Services or on third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.

You acknowledge that the provisions of this section are a material inducement and consideration to us to grant the license contained in these Terms of Use and to provide you with access to the Services.

It is your responsibility to have the equipment and/or software necessary to access the Services including the cost of maintaining the equipment and software.

You acknowledge that by using the Services, you may incur charges from your wireless carrier, internet service provider, or other method of internet connectivity, and that payment of any such charges will be your sole responsibility. You agree that your use of the Services will be in accordance with all requirements of these service providers. We do not control network access. Your use of these networks may not be secure and may expose your Personal Information during transmission.

The Services are provided for informational purposes only, and is not intended for trading or investment, or for commercial use. The Services should not be used in any high-risk activities where damage or injury to persons, property, environment, finances, or business may result if an error occurs. You expressly assume all risk for such use.

Indemnification

You agree to indemnify and hold harmless us, our affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, that arise out of your use of the Services, violation of these Terms of Service by you or any other person using your account, or your violation of any rights of another. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such an event, you agree to cooperate with us to the best of your ability upon request.

If you are a California resident, you waive California Civil Code Section 1542, which says:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

If you are a resident of another jurisdiction, you waive any comparable rights, regardless of whether the rights are provided by statute or otherwise.

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, will we or our subsidiaries, parent companies or affiliates and/or their directors, employees or agents be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Services, including its materials, products, or services, or third-party materials, products, or services made available through the Services, even if we are advised beforehand of the possibility of such damages. (Some states do not allow the exclusion or limitation of certain categories of damages, If you reside in one of these states, the above limitation may not apply to you. In such states, our liability and the liability of our subsidiaries, parent companies and affiliates, is limited to the fullest extent permitted by such state law.) You specifically acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any user. If you are dissatisfied with the Services, or any Content made available through the Services, or with any of terms and conditions relating to the Services, your sole and exclusive remedy is to discontinue using the Services.

Dispute Resolution by Binding Arbitration

Agreement to Arbitrate

This section is referred to as the "Arbitration Agreement." You agree that any and all disputes or claims that have arisen or may arise between you and Muser AI, whether arising out of or relating to these Terms (including any alleged breach thereof), the Services, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Arbitration Agreement, you and Muser AI are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Prohibition of Class and Representative Actions and Non-Individualized Relief

You and Muser AI agree that each party may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both parties agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s).

Pre-Arbitration Dispute Resolution

Muser AI is always interested in resolving disputes amicably and fairly. If you have questions or concerns about the Services, we strongly encourage you to first email us about them at message@zulution.ai, If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). Notices should be sent to Zulution Intelligence Pte. Ltd., 8 Eu Tong Sen Street, #22-85, The Central, Singapore 059818 (“Notice Address”). Or by email to message@zulution.ai with the subject title "NOTICE OF DISPUTE." The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Muser AI and you are unable to resolve the dispute within sixty (60) calendar days after the Notice is received, you or Muser AI may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by either party shall not be disclosed to the arbitrator until after the arbitrator determines the amount of an award, if any, to which you or Muser AI is entitled.

Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with JAMS’ ("JAMS") Streamlined Arbitration Rules and Procedures (collectively, the "JAMS Rules"), as modified by this Arbitration Agreement. For information on JAMS, please visit its website, https://www.jamsadr.com/. If there is any inconsistency between any term of the JAMS Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent term contained in the Arbitration Agreement would result in the arbitration to be fundamentally unfair. The arbitrator is strictly bound by the terms of this Arbitration Agreement. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually considered to be simpler and more streamlined than trials and other judicial proceedings, the arbitrator shall have the same authority as a judge in the judicial system in determining the number of damages and other forms of relief. Decisions made by the arbitrator are final and enforceable in a court of competent jurisdiction. An appeal of the arbitrator’s decision must be agreed by both parties in writing.

Unless Muser AI and you agree otherwise, any arbitration hearings will take place in San Francisco, CA. If the parties are unable to agree on a location, the determination shall be made by JAMS. If your claim is for $10,000 or less, Muser AI agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video conference hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds $10,000, the method of hearings will be determined by the JAMS Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the JAMS Rules, unless otherwise provided in this Arbitration Agreement.

Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Use will continue to apply.

Future Changes to Arbitration Agreement

Notwithstanding any provision in this Terms of Use to the contrary, Muser AI agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Muser AI a written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you agree that you are bound by the Arbitration Agreement that was in effect immediately prior to the proposed change.

Termination

You agree that Muser AI, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any Content within the Services, for any reason, including, without limitation, for lack of use or if Muser AI believes, in good faith, that you have violated or acted contrary to the letters or spirit of these Terms. Muser AI may also, in its sole discretion, discontinue the Services, or any part thereof, with or without notice, at any time. You agree that any termination of your access to the Services under any provision of these Terms may be affected without prior notice, Termination of your account or access to any component of the Services will not terminate Muser AI’s rights to your User Content. Further, you agree that Muser AI will not be liable for any damages to you or any third party as a result of such termination.

General

This agreement is personal to you and may not be assigned to any third party. These Terms of Use are not intended to benefit any third party, and do not create any third-party rights. Accordingly, these Terms of Use may only be invoked or enforced by you or us.

You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arisen out of or related to the use of our Services, or these Terms must be filed by you within one year after the claim becomes actionable. This provision is subject to the Arbitration Agreement set forth above.

These Terms constitute the entire agreement between you and Muser AI and govern your use of our Services, superseding any prior agreements between you and Muser AI with respect to the Services.

These Terms are governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration as set forth above, you and Muser AI agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Santa Clara County, California.

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision. The other provisions of these Terms remain in full force and effect.

Any failure of Muser AI to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.

Contact Us

If you have any questions about these Terms, please contact us at following address:
Zulution Intelligence Pte. Ltd.
Mailing address: 8 Eu Tong Sen Street, #22-85, The Central, Singapore 059818
Email: message@zulution.ai