Eiro Engage Terms of Use
Effective Date: February 20, 2026
This App collects health data, including mental health data, for research and AI development purposes. This app is not a mental health service, crisis service, or clinical tool. If you or someone you know is in crisis, please call 988 (U.S. Suicide & Crisis Lifeline) or 911 immediately.
These Terms of Service ("Terms") govern your use of the Eiro Engage mobile application (the "App") developed and provided by Eiro, Inc. ("Eiro," "we," "us," or "our"). These Terms are a binding legal agreement between you and Eiro.
Please read these Terms carefully. By clicking "I accept," "I agree," or similar when the option is presented to you, or by accessing or using the App, you agree to these Terms. If you do not agree to these Terms, you are not allowed to use the App.
MANDATORY ARBITRATION NOTICE: Section 13 of these Terms contains a mandatory arbitration provision that requires the use of arbitration on an individual basis to resolve disputes. This means that you and Eiro are each giving up rights to bring claims against each other in court or in class actions of any kind.
WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS: While there are important points throughout these Terms, please note that the warranty disclaimers and limitations on our liability are explained in Section 11.
1. How the App Works
The App is a health data contribution platform designed to support the development of AI for healthcare, with a primary focus on mental health. Here is how it works:
- You contribute health data through the App by entering health information directly and by connecting your Apple Health account to share clinical health records from your healthcare providers.
- We compensate you for your contributions. Compensation details are described in Section 6 and in the App.
- We use your data, alongside data from other contributors, to train AI models and build internal research databases designed to support AI research and development for healthcare applications.
Your use of the App is voluntary. You may stop contributing data at any time. You may also selectively adjust how you contribute data (for example, electing not to complete certain questionnaires).
2. Important Notices and General Terms
2.1 Not a Healthcare Service
Eiro operates the App as a health data contribution platform. The App enables you to contribute health data in exchange for compensation. Eiro does not provide clinical services, does not practice medicine or therapy, and does not make clinical decisions. Your use of the App does not create a provider-patient relationship between you and Eiro. Nothing in the App or in any communications from us should be interpreted as medical advice, diagnosis, treatment, or a substitute for professional medical judgment. If you have a health concern, consult a qualified healthcare provider.
2.2 Informational Materials Only
The App may make available general educational information. Any such information is for general informational purposes only and is not clinical advice and is not a substitute for professional diagnosis or treatment. Do not disregard, avoid, or delay obtaining in-person care because of information available through the App.
2.3 Privacy
Our Privacy Policy explains how we collect, use, and disclose personal information in connection with the App.
2.4 Availability
Eiro is based in the United States, and the App is intended for use only by persons located in the United States. We do not represent that the App is accessible or appropriate outside the United States. If you access the App from outside the United States, you do so at your own risk and are responsible for compliance with applicable laws.
2.5 Support
If you contact Eiro for support, you authorize Eiro to access your account and information reasonably necessary to troubleshoot and respond. Support personnel are not healthcare professionals and do not provide clinical advice.
2.6 Third-Party Services
The App integrates with third-party services, including Stripe for payment processing and Apple Health for clinical health record access. Your use of these third-party services is subject to their respective terms and privacy policies. Eiro does not control third-party services and is not responsible for their performance, availability, or data practices. Eiro is not responsible for any loss or damage arising from your use of third-party services or your dealings with third parties.
2.7 Changes to the App
The App is continually under development. We reserve the right at any time and for any reason to modify, suspend, or discontinue all or portions of the App. Where reasonably practicable, we may provide notice of material changes that affect core App functionality. You agree we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the App, except that we will honor any compensation obligations for contributions already made in accordance with Section 6.
2.8 Beta Products and Services
We may offer features, tools, integrations, or services that are designated as "beta," "preview," "early access," "experimental," or similar ("Beta Features"). Beta Features are provided for testing and evaluation purposes and may be incomplete, contain errors, or be changed or discontinued at any time without notice. We make no representations or warranties regarding the reliability, availability, or performance of Beta Features, and the warranty disclaimers in Section 11 apply with full force. You are not required to use any Beta Feature. We may limit access to Beta Features to certain users, geographies, or time periods. We may discontinue any Beta Feature at any time, transition it to a generally available feature, or modify its functionality. If a Beta Feature transitions to general availability, the terms applicable to the generally available version will apply going forward.
2.9 Changes to These Terms
We reserve the right to change or modify these Terms at any time. We will post any new version of the Terms to the App. We may require you to provide affirmative acceptance before you may continue using the App. If you continue to use the App after the effective date of the updated Terms, you agree to be bound by the modified Terms. If you do not accept the changes, you should stop using the App and may terminate your account. Disputes will be governed by the version of these Terms in effect at the time the relevant conduct occurred.
3. Eligibility
You must be at least 18 years old to create an account and use the App. By creating an account, you represent and warrant that you are at least 18 years old. If we learn that a user is under 18, we will promptly terminate their account and delete all associated data.
You must be a resident of the United States and a state in which we operate to use the App. The App is not available to residents of other countries at this time.
You may not create or manage an account on behalf of another person.
4. Registration and User Accounts
You must create an account ("User Account") to access the App. Each User Account must be created and used by the individual whose health data is being contributed. To register, you must provide your name, your email address, and other information specified in the registration form. You may change or correct this information through the App.
Each person may maintain only one User Account. You may not create a User Account for anyone else or access any other person's User Account. You are responsible for all activities that occur under your User Account regardless of whether you were aware of those activities. You agree to keep your username and password confidential, and you are responsible for changing your password promptly if you think it has been compromised. You also agree to immediately notify us of any unauthorized use of your username, password, or any other breach of security that you become aware of involving or relating to the App by emailing us at privacy@eiro.ai.
5. Health Data Contributions
5.1 What You Contribute
Through the App, you may contribute health data by entering information directly into the App, including health conditions, symptoms, diagnoses, medications and treatments, health history, lifestyle and wellness information, and mental health information. If you choose to connect Apple Health, you may also share clinical health records from your healthcare providers, including lab results, medications, diagnosed conditions, immunization records, allergies, clinical vitals, and procedures.
5.2 Your Representations
By contributing health data through the App, you represent and warrant that:
- The health data you provide is about you and pertains to your own health.
- The information you provide directly into the App is accurate and complete to the best of your knowledge.
- You have the right to share any clinical health records you provide through Apple Health.
- Your contributions do not infringe the intellectual property or privacy rights of any third party.
5.3 Accuracy and Integrity
You agree not to submit false, misleading, or fabricated health data. We reserve the right to suspend or terminate your account and withhold compensation if we have reason to believe you have submitted inaccurate or fabricated data.
6. Compensation
6.1 Payment for Contributions
We compensate you for contributing your health data through the App. The amount of compensation you receive is determined based on several factors, including the categories of health data you choose to share, whether you contribute clinical health records from Apple Health in addition to self-reported data, and the completeness of your contributions. Compensation amounts and the factors used to calculate them may change over time.
Compensation details, including current amounts and payment timing, are described in the App.
Compensation is paid for data contributions at the time those contributions are made. If you later request deletion of your data or withdraw your consent to data processing, you are not required to return any compensation previously received, and we are not required to pay additional compensation for data that has been deleted or de-identified or is no longer being processed in identifiable form.
6.2 Payment Methods
You may choose to receive compensation through one of the following methods:
- Bank account. You may link a financial account through our payment processing provider, Stripe. Compensation will be deposited directly to the financial account you link, on the schedule described in the App.
- Amazon gift card. You may elect to receive compensation in the form of Amazon gift cards, delivered to your registered email address.
You may change your payment method at any time through the App. If you have not selected a payment method, compensation may accrue but will not be disbursed until a method is selected.
6.3 Taxes
You are solely responsible for any tax obligations arising from compensation you receive through the App. Compensation received through the App may constitute taxable income. We may be required to report compensation paid to you to the Internal Revenue Service or other tax authorities, including by issuing a Form 1099-NEC if your annual compensation exceeds the applicable reporting threshold. We may request taxpayer identification information (such as a Form W-9) as a condition of receiving compensation.
7. Intellectual Property and Data Rights
7.1 App Ownership
As between Eiro and you, Eiro is the sole and exclusive owner of all right, title, and interest in and to the App, including all content, features, and functionality (including all information, software, text, displays, images, video, audio, design, selection, arrangement, and look and feel) (the "App Content"), and any associated copyrights, patents, or other intellectual property rights. You are not permitted to reproduce, publish, distribute, modify, reverse engineer, disassemble, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell, participate in any sale of, or exploit in any way, in whole or in part, any of the App Content except as permitted by these Terms. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the App Content shall be owned solely and exclusively by Eiro or its licensors. All rights not expressly granted are reserved by us.
7.2 Your License to Use the App
Subject to these Terms, Eiro grants you a personal, limited, non-exclusive, non-sublicensable, revocable, and non-transferable right to view, download, access, and use the App and App Content solely for your personal and non-commercial use and only as permitted under these Terms. No other right, title, or interest in or to the App Content is transferred to you, and all rights not expressly granted are reserved by Eiro or its licensors.
7.3 Your Data
You retain ownership of the health data you contribute through the App. By contributing data, you do not transfer ownership of that data to us.
7.4 License to Use Your Data
By contributing health data through the App and consenting to its processing, you grant us a non-exclusive, worldwide, royalty-free license to use, copy, process, analyze, aggregate, and create derivative works from your health data for the purposes described in our Privacy Policy and any consents you provide through the App, including to train AI models and build internal research databases.
This license continues for as long as we are authorized to process your data. If you withdraw your consent, this license terminates as to your identifiable personal data, and we will cease processing it as described in our Privacy Policy. However, a de-identified version of your data that cannot be linked back to you may be retained and used after withdrawal, and this license continues to apply to that de-identified data and to any derivative works (including trained AI models) created prior to withdrawal.
7.5 AI Models and Databases
All AI models, algorithms, databases, and derivative works that we create using contributed health data are our sole and exclusive property. You have no ownership interest, license, or other right in any AI model or database created using your data or the data of other contributors.
7.6 Feedback
We welcome feedback, ideas, and suggestions about the App ("Feedback"). You may submit Feedback by emailing us at contact@eiro.ai. Please do not include health information in Feedback submissions. You hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicensable, and transferable license to use, reproduce, modify, and create derivative works from your Feedback for any purpose. Feedback will be non-confidential and non-proprietary.
8. Restrictions on Use
You may use the App only for lawful purposes and in accordance with these Terms. You agree not to, and not to attempt to:
- Violate any applicable law or regulation, including export control laws.
- Submit health data that is not your own or that pertains to another person's health.
- Submit false, misleading, fabricated, or inaccurate health data or other information.
- Misrepresent yourself or misuse accounts, including providing false identity information or creating more than one account.
- Use the App for unauthorized or commercial purposes, or for the benefit of any third party, except as expressly permitted by Eiro.
- Use the App, contributed data, or any information obtained through the App to build, train, or improve a competing product or service, including by extracting or compiling App content or data for that purpose.
- Access the App improperly, including attempting to access any content, data, systems, servers, or accounts you are not authorized to access, or forging any packet header or other identifying information.
- Disrupt, compromise, or interfere with the App or others, including probing, scanning, or testing vulnerabilities; bypassing security or authentication; introducing malware; or engaging in flooding, spamming, mail bombing, or crashing.
- Scrape or extract data, including using any manual or automated means (bots, spiders, scrapers, or similar tools) to harvest, monitor, copy, or collect information or content from the App without Eiro's consent.
- Reverse engineer, decompile, disassemble, or attempt to derive the source code, algorithms, model weights, or training data of the App or any AI models or databases developed by Eiro.
- Sell, sublicense, distribute, or otherwise commercially exploit or make available the App, except as expressly permitted.
- Remove, delete, alter, or obscure any proprietary notices, trademarks, or branding.
- Encourage or enable any other person to do any of the foregoing.
Eiro is not obligated to monitor your use of the App, but we may do so to ensure compliance with these Terms and to respond to law enforcement or other government requests where required.
Eiro may take appropriate action for illegal or unauthorized use of the App, including suspending or terminating access, withholding compensation, and, where appropriate, referring matters to law enforcement. Nothing in this section limits any rights you may have under applicable law.
9. Communication Preferences and Electronic Notices
9.1 Communication Preferences
We may contact you by email with information related to your account, your contributions, and your compensation (for example, payment confirmations, account updates, and administrative notices). You can opt out of receiving certain communications from us by following the instructions contained in the communication or by contacting us at contact@eiro.ai.
You acknowledge that certain electronic communications (such as standard email) may be unencrypted and may carry risk that message contents could be accessed by an unauthorized person. Eiro cannot guarantee the security and confidentiality of unencrypted communications and is not responsible for any unauthorized access that occurs during or after transmission.
9.2 Electronic Notices
You agree that we may provide notices and communications to you electronically (for example, through the App, or by email, or by SMS) and that electronic notices satisfy any legal requirement that such communications be in writing.
9.3 Electronic Signatures
You agree that your electronic actions (such as clicking "I agree," "Submit," or similar) may constitute your electronic signature and assent. Where we are required by law to provide information to you in writing and we provide that information electronically, you consent to receive and retain such records electronically. You may request a paper copy of a record by contacting us at contact@eiro.ai, and we may charge a reasonable fee where permitted by law. You may withdraw your consent to electronic records by contacting us at contact@eiro.ai; however, withdrawal of consent may limit your ability to use certain App features. To access and retain electronic records, you will need: (i) a device with internet access; (ii) a current web browser; (iii) an active email address; and (iv) sufficient storage or the ability to print records.
10. Suspension and Termination
10.1 Suspension or Termination by Us
We may suspend or terminate any of the rights granted by these Terms and your access to and use of the App, including if we reasonably believe: (a) you have violated these Terms; (b) you have submitted health data that is not your own or that you have fabricated; (c) your use creates risk of harm, legal exposure, or security risk to the App, users, or others; or (d) suspension or termination is required to comply with law or requests from regulators or law enforcement. Where reasonably practicable, we may provide notice. We may suspend or terminate without notice where notice could compromise security, violate law, or risk harm. You may contact us at contact@eiro.ai if you believe your account was suspended or terminated in error.
10.2 Termination by You
If you wish to terminate your User Account, please contact contact@eiro.ai or use the account settings in the App. See Section 10.3 for the relationship between account termination, consent withdrawal, and data deletion.
10.3 Effect of Termination; Relationship between Account Termination, Consent Withdrawal and Data Deletion
Upon termination, any earned but undisbursed compensation will be paid to you on the next regular payment cycle in accordance with Section 6.1, provided you have selected a payment method. Compensation will not be paid for contributions made in violation of these Terms.
Terminating your account, withdrawing your consent to data processing, and requesting deletion of your data are three distinct actions with different consequences:
- Account termination ends your access to the App and stops future compensation. It does not automatically withdraw your consent or delete your data.
- Consent withdrawal revokes our authority to process your identifiable personal data and results in account termination. It does not automatically delete data already contributed, though we will cease processing it in identifiable form.
- Data deletion is a separate request you may make under applicable law. You may request deletion in addition to or independently from account termination or consent withdrawal.
You may exercise any or all of these actions through the App or by contacting us at contact@eiro.ai.
10.4 Survival
The following provisions, and any other provision that by its nature should survive termination, shall survive termination: Section 5.2 (Your Representations), Section 7 (Intellectual Property and Data Rights), Section 11 (Warranty Disclaimers and Limitation of Liability), Section 12 (Indemnification), Section 13 (Dispute Resolution), and Section 14 (Miscellaneous Terms).
11. Warranty Disclaimers and Limitation of Liability
11.1 No Warranties
YOUR USE OF THE APP IS AT YOUR SOLE RISK. THE APP, INCLUDING APP CONTENT, IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, EIRO, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, SUPPLIERS, REPRESENTATIVES, PROPRIETORS, PARTNERS, SHAREHOLDERS, PRINCIPALS, AGENTS, PREDECESSORS, SUCCESSORS, ASSIGNS, ACCOUNTANTS, AND ATTORNEYS (COLLECTIVELY, THE "EIRO PARTIES") DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE APP, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY, OR SYSTEM INTEGRATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE EIRO PARTIES OR THROUGH THE APP WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.
IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR USEFULNESS OF THE APP. THE EIRO PARTIES DO NOT GUARANTEE THAT THE APP WILL BE UNINTERRUPTED, SECURE, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBERATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND THE EIRO PARTIES DISCLAIM ANY LIABILITY RELATING THERETO.
THE EIRO PARTIES WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE APP, INCLUDING ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS, MOBILE DEVICES, OR DATA. IT IS YOUR RESPONSIBILITY TO BACK UP ANY INFORMATION YOU ENTER INTO THE APP.
11.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE EIRO PARTIES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR OTHER INDIRECT DAMAGES, INCLUDING DAMAGES FOR LOSS OF REVENUE, PROFITS, USE OF DATA, GOODWILL, SERVICE INTERRUPTION, COMPUTER OR MOBILE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR APPLICATIONS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE EIRO PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APP OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE EIRO PARTIES' TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF YOUR USE OF THE APP (WHETHER IN CONTRACT, TORT, OR OTHERWISE) WILL NOT EXCEED $800. THIS LIMITATION DOES NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
12. Indemnification
You agree to indemnify, defend, and hold harmless the Eiro Parties from and against any and all third-party liabilities, losses, claims, suits, damages, actions, proceedings, settlements, judgments, injuries, obligations, risks, costs, and expenses (including reasonable attorneys' fees and litigation expenses) arising out of or relating to: (a) your breach of these Terms; (b) your submission of health data that is not your own; (c) your submission of false or fabricated health data; (d) your fraud, violation of law, or intentional misconduct in connection with your use of the App; or (e) any other person's access to or use of your User Account to the extent arising from your failure to maintain the confidentiality of your login credentials.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You may not settle or compromise any claim against the Eiro Parties without our written consent.
13. Dispute Resolution and Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND EIRO TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM EIRO. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND EIRO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
We want to address your concerns without needing a formal legal case, so we have included a tiered dispute resolution process. This Dispute Resolution section may be modified by written agreement between you and Eiro.
13.1 Informal Dispute Resolution
Before filing a claim against Eiro, you agree to try to resolve the dispute informally by contacting contact@eiro.ai. If a dispute is not resolved within thirty (30) days after submission, you may bring a formal proceeding, as outlined below.
13.2 Arbitration Agreement
You agree that any disputes that you and we are unable to resolve informally will be settled by binding arbitration, except that you and we each retain the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights (an "IP Protection Action"). If a decision is issued stating that applicable law precludes enforcement of any limitations set forth in this Arbitration Agreement on the right to arbitrate claims on a class or representative basis, then that claim (and only that claim) must be severed from the arbitration and brought in the state or federal courts located in Nashville, Tennessee. All other claims will be arbitrated.
13.2.1 Limited Opt-Out Right
You will have the right to litigate any dispute if you provide us with written notice to opt out of arbitration ("Arbitration Opt-out Notice") by email at contact@eiro.ai within thirty (30) days following the date you first accept these Terms. If you don't provide an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any dispute except as expressly set forth in clauses (i) and (ii) above.
13.2.2 Arbitration Rules
The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this section. (The AAA Rules are available at https://www.adr.org/Rules.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
13.2.3 Arbitration Process
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA's roster. If the parties are unable to agree upon an arbitrator within a reasonable time, then the AAA will appoint one in accordance with the AAA Rules.
13.2.4 Arbitration Location and Procedure
The arbitration shall be held either: (i) at a location determined by AAA pursuant to the AAA Rules (provided that such location is reasonably convenient for you and does not require travel more than 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon; or (iii) via videoconference. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, unless you request a hearing or the arbitrator determines one is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules.
13.2.5 Arbitrator's Decision
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the award is based. Judgment on the arbitration award may be entered in any court having jurisdiction. The arbitrator's award of damages must be consistent with the Warranty Disclaimers and Limitation of Liability section. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail, you will be entitled to an award of attorneys' fees and expenses to the extent provided under applicable law.
13.2.6 Arbitration Fees
Your responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as set forth in the AAA Rules.
13.2.7 Mass Arbitration
To the extent permitted by applicable law, if 25 or more arbitration demands of a similar nature are filed against Eiro by or with the assistance of the same law firm or organization, the parties agree to cooperate to administer the demands in randomized batches of up to 100 demands per batch, with one arbitrator appointed per batch. The arbitration provider will assess filing and administrative fees on a per-batch basis to the extent permitted by its rules. The parties will meet and confer in good faith to streamline discovery and promote efficient resolution.
13.2.8 Changes
Notwithstanding anything to the contrary in these Terms, if we change this Section 13.2 (Arbitration Agreement) after the date you accepted these Terms, you may reject any such change by sending us written notice (including by email to contact@eiro.ai) within 30 days of the date such change became effective. By rejecting any change, you are agreeing that you will arbitrate any dispute in accordance with this section as of the date you accepted these Terms.
13.3 No Class Actions
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
13.4 Limit on Time to Bring Claims
Any claim or cause of action arising out of or related to your use of the App or these Terms must be filed within one year after such claim or cause of action arose; otherwise, such claim or cause of action is permanently barred.
13.5 Governing Law and Venue
These Terms shall be governed by the laws of the State of Tennessee without reference to its conflict of laws provisions. You agree that all disputes not subject to the Arbitration Agreement will be resolved on an individual basis exclusively in federal or state courts located in Nashville, Tennessee. You irrevocably consent to the personal jurisdiction of these courts and waive all objections to the exercise of jurisdiction and to this venue. However, Eiro may commence and maintain an action seeking injunctive or other equitable relief in any court of competent jurisdiction. This choice of law does not limit any rights you may have under the consumer protection laws of your state of residence.
14. Miscellaneous Terms
14.1 Computer Equipment and Internet Access
You are responsible for the devices, software, and internet connection you use to access the App and for maintaining reasonable security measures on those systems. We are not responsible for access issues caused by your device, browser, settings, or internet service provider. You are responsible for any charges from your internet or mobile provider.
14.2 Notice Regarding Apple
By accessing or downloading the App from the Apple App Store, you are agreeing to Apple's Licensed Application End User License Agreement, available at: https://www.apple.com/legal/macapps/stdeula/ ("Apple Terms"). These Terms govern if there is a conflict with the Apple Terms.
14.3 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt to assign or transfer without consent will be null and of no effect. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets, provided that the assignee agrees to be bound by these Terms. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
14.4 Notices
Any notices permitted or required under these Terms will be in writing and given: (i) by Eiro via email (to the address you provide); and/or (ii) by posting to the App. Notice by email is effective as of the date first transmitted. You agree that any notice received from Eiro electronically satisfies any legal requirement that such notice be in writing. You are responsible for ensuring that your email address on file is accurate and current. You shall give any notice to Eiro by email to: contact@eiro.ai.
14.5 No Inadvertent Waiver
The failure of Eiro to enforce any right or provision of these Terms will not constitute a waiver of future enforcement. Any waiver will be effective only if in writing and signed by a duly authorized representative of Eiro.
14.6 Severability
If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions remain in full force, provided that the essential terms and conditions remain valid, binding, and enforceable and the economic and legal substance of the transactions contemplated by these Terms are materially preserved.
14.7 Remedies
You agree that any violation, or threatened violation, by you of these Terms may cause us irreparable and unquantifiable harm for which monetary damages would be inadequate. Eiro shall be entitled to seek injunctive or equitable relief in addition to any other remedies at law or in equity.
14.8 No Agency Relationship
Neither these Terms, nor any App Content, materials, or features create any partnership, joint venture, employment, or other agency relationship between us and you. You may not enter into any contract on our behalf or bind us in any way.
14.9 Headings
The heading references in these Terms are for convenience and shall not be deemed to limit or affect any of the provisions hereof.
14.10 Notice for California Users
Under California Civil Code Section 1789.3, users of the App from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at dca@dca.ca.gov; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD).
14.11 Entire Agreement
These Terms, together with the Privacy Policy and any consent you provide through the App, constitute the entire agreement between Eiro and you regarding the App and supersede and replace any and all previous communications, representations, understandings, and agreements, either oral or written, between the parties with respect to said subject matter.
14.12 Contact Us
Please contact us if you have any questions about these Terms. You may contact us by email at contact@eiro.ai.