Terms of service

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Welcome!

Thanks for choosing Stimuli Inc. We urge you to carefully review this Terms of Use Agreement (the “Terms of Service”). Should you have any inquiries or issues, please reach out to us at connect@stimuli.run.

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In these terms, “Stimuli,” “we,” “us,” and “our” refer to Stimuli Inc.

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The term “services” in this document refers to the offerings of Stimuli, which include our websites, services, and other products.

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“You” or “your” refers to you, the user. If you are using our services on behalf of an organization (like your employer), you confirm that you are authorized to agree to these terms on behalf of that organization, and “you” and “your” will then refer to that organization.

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IMPORTANT NOTICE: The section titled “Resolution of Disputes with Stimuli” includes an arbitration clause and a class-action waiver. It's crucial to read this part attentively as it can significantly impact your legal rights, including your ability to bring a lawsuit in court.

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For users on a paid plan with Stimuli, your subscription will persist for the duration specified in your contract. Upon expiration, your contract will automatically renew at Stimuli’s current rates. To opt out of automatic renewal, you can cancel your Stimuli subscription by either emailing connect@stimuli.run or through your Stimuli account settings.

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1. Acceptance of Terms
   
   

By accessing or using the Services, you are indicating your agreement to be bound by the terms and conditions of this Agreement. If you disagree with these terms, you should not use the Services.

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2. Description of Services
   
   

Stimuli Inc. offers sophisticated data processing services utilizing state-of-the-art technology, algorithms, and tools. Our Services encompass, but are not limited to, data analytics, processing, and visualization. With Stimuli, you can import data from over 50 sources, enrich your data, curate custom lists, and employ AI to craft and send personalized emails based on these lists.

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We are continually developing and enhancing Stimuli with new features and products. As part of this evolution, we may introduce new services, modify existing ones, or discontinue certain services (either in specific regions or for certain users), especially if they are no longer viable from a business standpoint or pose risks to Stimuli, our users, or others. While we strive to minimize disruptions, we cannot guarantee uninterrupted service, and there may be instances where your content cannot be retrieved due to such disruptions or changes. We bear no liability for such service interruptions or alterations.

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3.  Account Management
   
   

To use certain features of the Services, you need to create an account. You agree to provide truthful, complete information during the registration process and to keep this information updated to ensure its accuracy and relevance.

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We won’t charge you a fee to use the basic functionality of our services, but you may be able to pay for additional features, usage, and products. If you do agree to pay for additional features, usage, or products, you agree to pay your invoice on-time. You will also leave a credit card on file for Stimuli to charge. You agree to immediately notify Stimuli of any change in your billing address or the credit card. Stimuli reserves the right at any time to change its prices, charge for previously free Services, and change its billing methods on a going forward basis, either immediately upon posting on the website or by e-mail delivery to you. Except as set forth in the Agreement, all fees are non-refundable.

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All Stimuli accounts are on a subscription basis; the Subscription will renew unless canceled before the Renewal Commencement Date. Subscription renewals happen with Stimuli’s most up-to-date pricing unless otherwise stated in your contract.

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4. User Responsibilities
   
   

You are solely responsible for maintaining the confidentiality of your account information, including username and password, and for all activities that occur under your account. You agree to notify Stimuli Labs immediately of any unauthorized use of your account or any other breach of security.

You must always provide accurate information to Stimuli and maintain the accuracy of the information associated with your account. We may assume that any communications we’ve received from your account or the associated contact information have been made by you, and that any purchases made using your account were made by you.

If you get locked out of your account, we’ll need to contact you at the email associated with your account. If your account is compromised or you no longer have access to your email account, we may not be able to restore your access to your account or the servers you’ve created.

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You agree not to license, sell, or transfer your account without our prior written approval.

5. Investigations

When we say “your content” in these terms, we mean all the things you add (upload, share, etc.) to our services ("User Content"). You retain ownership of your User Content. By submitting User Content, you grant Stimuli Labs a worldwide, non-exclusive (which means you can still license your content to others), royalty-free (which means there is no cost) transferable and perpetual license to use your User Content.

license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content for the purpose of providing and improving the Services.  

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Your content remains your own, yet by utilizing our services, you grant us a license to your content when you engage with Stimuli. Your content may be subject to certain intellectual property rights, which we acknowledge and respect. However, by using our services, you provide us with a license—essentially a form of permission—to engage in the following activities with your content, in line with relevant legal norms, as part of operating, enhancing, and evolving our services:

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Utilize, replicate, store, disseminate, and convey your content in ways that align with your utilization of the services. (For instance, enabling us to store and showcase your content in the Stimuli tables you construct.)

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Oversee, alter, translate, and reformat your content. (For example, to ensure your data is correctly listed in tables.)

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Sub-license your content, to facilitate the proper functioning of our services. (For example, enabling us to store your content with our cloud service providers.)

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Stimuli does not claim ownership of any data that you upload to Stimuli. Additionally, Stimuli does not share data uploaded by users with anyone outside of the Stimuli workspace of the uploading account and the Stimuli team. The use of user-uploaded content by Stimuli is solely for the purpose of providing Stimuli services to the account that uploaded the content. Stimuli will utilize aggregated performance data, including your account usage, to enhance our product.

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Stimuli is not obliged to pre-screen content, yet we retain the right to pre-screen, reject, or remove any content. By using Stimuli, you consent to Stimuli monitoring the content you upload. Should Stimuli decide to remove your uploaded data, we will inform you ten (10) business days in advance in writing.

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You are under no obligation to contribute content to Stimuli. If you opt to add or upload content to Stimuli products, you bear the responsibility to ensure you have the appropriate rights to do so, and that your content is lawful. We assume no liability for any of your content, nor are we responsible for the use of your content by others.

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Stimuli is not responsible or liable for the deletion or accuracy of any content, including the content that you upload. This includes storage, transmission, and receiving. Stimuli has the right to create reasonable limits on Stimuli’s use and storage of content, including reasonable limits on file size, storage space, or processing capacity. Stimuli will notify users in writing if they make any material changes that could potentially deny your access to your content.

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6. Intellectual Property

Our services include some content that belongs to us, such as our product, our website, and content written by us. You may use this content as permitted by these terms, but we retain all intellectual property rights in our content. We welcome feedback on our services. By sending us feedback, you grant us a non-exclusive, perpetual, irrevocable, transferable license to use the feedback and ideas generated from the feedback without any restrictions, attribution, or compensation to you.

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7. Third-Party Links

Stimuli may allow you to access apps, bots, or other products, features, or services developed by third parties (“third-party services”). It’s your choice whether to use these third-party services and whether to participate in the tools that incorporate them. You should review any terms and policies provided by the third parties before doing so as they govern your use of their services. While these third parties do need to follow all policies that apply to them (which may include these Terms), Stimuli is not responsible for any third-party services.

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8. Termination

You’re free to stop using Stimuli at any time for any reason. Either party may terminate this Agreement for cause with written notice. Upon termination, your access to the Services will be disabled. Sections 5 (User Content), 6 (Intellectual Property), 9 (Modification of Terms), 10 (Privacy Policy), 11 (Data Retention), 14 (Release), 16 (Force Majeure), and 17 (Data Security) will survive termination.

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9. Modification of Terms

Stimuli Labs reserves the right to modify these terms at any time. You will be notified of major changes, and your continued use of the Services after such modifications constitutes acceptance of the revised terms. Stimuli Labs reserves the right to modify these terms at any time. You will be notified of major changes, and your continued use of the Services after such modifications constitutes acceptance of the revised terms.

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10. Privacy Policy

Stimuli Labs' Privacy Policy governs the collection, use, and disclosure of your personal information. By using the Services, you consent to the practices outlined in the Privacy Policy.

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11. Data Retention

Stimuli Labs retains user data as long as your user account is active. If your account is deleted, your data is deleted with it. Users can request data deletion by contacting friends@stimuli.run

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12. Settling Disputes Between You and Stimuli

Services “AS IS”

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We work hard to offer great services, but there are certain aspects that we can’t guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, Stimuli, ITS AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE LAWS OF CERTAIN JURISDICTIONS OR STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED UNDER THE LAWS OF YOUR JURISDICTION, WE LIMIT THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE FULL EXTENT PERMISSIBLE UNDER THOSE LAWS.

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Limitation of liability

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WE DON’T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO. IN COUNTRIES WHERE THE BELOW TYPES OF EXCLUSIONS AREN’T ALLOWED, WE’RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR MATERIAL BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN’T AFFECT CONSUMER RIGHTS THAT CAN’T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.

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THE INFORMATION PRESENTED ON OR THROUGH THE SERVICES IS MADE AVAILABLE SOLELY FOR INFORMATIONAL PURPOSES. WE DO NOT CONFIRM THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS SOLELY AT YOUR OWN RISK.

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IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, NEITHER Stimuli, ITS AFFILIATES, NOR OUR SUPPLIERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Stimuli OR ITS SUPPLIERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY PROVIDED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

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BESIDES THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), Stimuli LIMITS OUR LIABILITY TO YOU TO THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID US IN THE THREE MONTHS BEFORE YOU FIRST ASSERT A CLAIM OR (B) $100 USD (OR THE EQUIVALENT IN YOUR LOCAL CURRENCY).

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Stimuli ISN’T LIABLE FOR THE CONDUCT OR CONTENT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR SERVICES.

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THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Stimuli AND YOU. THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY.

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Settling disputes between you and Stimuli

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Informal resolution. Most disputes can be resolved informally, so if you have an issue with the services, you agree to reach out to us before initiating a lawsuit or arbitration. This requires sending Stimuli a written description of the dispute (including your name, what you’re complaining about, and how you’d like to resolve it) along with the email address or phone number associated with your Stimuli account to friends@Stimuli.run.  If the dispute is not resolved within sixty (60) days after receipt of the written notice, you and Stimuli agree to resolve any remaining dispute through the further dispute resolution provisions below.  You must engage in this informal resolution process before starting any formal dispute resolution. Applicable statutes of limitations and due dates for arbitration filing fees or other deadlines will be tolled while the parties attempt informal resolution.

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If you reside in the European Union, you may also be entitled to submit your complaint to the European Commission’s Online Dispute Resolution (ODR) Platform. ODR allows EU consumers to resolve disputes related to the online purchases of goods and services without going to court.

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Governing law and jurisdiction. The Federal Arbitration Act, federal arbitration law, and New York law will apply to these terms and any disputes related to these terms or our services, regardless of conflict of laws rules. Any of these disputes that are not subject to arbitration will be resolved exclusively in the state or federal courts in New York, New York and you and Stimuli both consent to venue and personal jurisdiction in these courts.If you are a consumer residing in the European Union, this clause and these terms in general do not affect any mandatory consumer rights you may have under your local law, and all disputes arising in connection with the services and/or these terms shall be submitted to to a court closer to your domicile if in an EU Member State.

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Agreement to arbitrate.

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‍IF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS.  PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT:

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You and Stimuli agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. Except for the circumstances described below, and only after the parties have engaged in a good-faith, but unsuccessful, effort to resolve the dispute in accordance with the “informal resolution” process (above), you and Stimuli agree to resolve any dispute, disagreement, or claim relating to these terms or our services through final and binding arbitration in the U.S. county where you reside.  This includes claims that arose, were asserted, or involve facts occurring before the existence of this arbitration agreement or any prior agreement as well as claims that may arise after the termination of this arbitration agreement, in accordance with the notice and opt-out provisions set forth in section.

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Arbitration rules. The arbitration will be conducted by a single arbitrator, governed by these terms and the American Arbitration Association Rules, excluding any rules or procedures governing or permitting class or representative actions (the “AAA Rules”), available at https://www.adr.org/active-rules. These terms will govern if there’s a conflict between these terms and the AAA Rules.  To begin the arbitration proceeding, either party must submit a written Demand for Arbitration (available at www.adr.org) with the AAA and provide a copy to the other party as specified in the AAA Rules.  To provide notice to Stimuli, please send an email with the subject line “Arbitration Demand” to friends@Stimuli.run.

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If the amount in controversy does not exceed $10,000, and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and Stimuli submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which may be in-person, videoconference, or telephone conference.

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Arbitration costs. AAA sets forth fees for its services, which are available at www.adr.org/sites/default/files/Consumer-Fee_Schedule.pdf. If Stimuli is the party initiating an arbitration against you, Stimuli will pay all costs associated with the arbitration, including the entire filing fee. If you initiate an arbitration against Stimuli, you will be responsible for the first $100 toward the nonrefundable Initial Filing Fee, unless the arbitrator determines that you are unable to pay, in which case Stimuli will pay the entire filing fee. For cases seeking less than $75K, Stimuli will pay the remainder of the Initial Filing Fee and both parties’ Administrative fees (unless the arbitrator finds your claims, defenses, or other fee-generating activity to be conducted for an improper purpose or frivolous (under the standard set forth in Federal Rule of Civil Procedure 11).  For cases seeking more than $75K, fees and costs will be determined in accordance with AAA Rules.

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In all arbitrations, unless otherwise required by law or the AAA Rules, you’re responsible for all other additional arbitration costs incurred, including attorney’s fees and expert witness costs. The parties agree that AAA has discretion to modify the amount or timing of any administrative or arbitration fees due under AAA’s Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by AAA does not constitute a default, waiver, or breach of this Section while such challenge remains pending before AAA, the arbitrator, and/or a court of competent jurisdiction.

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Offer of Judgment. At least 14 days before the date set for an arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer made by the offering party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party will not recover its post-offer costs and will pay the offering party’s costs from the time of the offer.

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Arbitration Decision. The decision of the arbitrator will be in writing and binding on you and Stimuli, and judgment to enforce the decision may be entered by any court of competent jurisdiction. You and Stimuli agree that dispositive motions will be allowed in the arbitration. Except as explicitly set forth in this arbitration section, 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 of service, including, but not limited to any claim that all or any part of these terms of service are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of AAA or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator must follow these terms and can award the same damages and relief as a court. The arbitrator has the right to impose sanctions in accordance with the AAA Rules and procedures for any frivolous claims, improper claims, or submissions the arbitrator determines have not been filed in good faith, as well as for a party's failure to comply with this Section or claims filed on behalf of a claimant who is not party to this agreement. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.  

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Mass filings. If, at any time, 30 or more similar demands for arbitration are asserted against Stimuli or related parties by the same or coordinated counsel or entities (“Mass Filing”), these additional rules will apply:

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If you or your counsel file a demand for arbitration that fits within the definition of Mass Filing, you agree that your demand for arbitration will be subject to the additional protocols set forth in this mass filing subsection.

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Bellwether proceedings are encouraged by courts and arbitration administrators when there are multiple disputes involving similar claims against the same or related parties. You and Stimuli agree to jointly ask the arbitrator to agree to the following procedures: The arbitrator will randomly assign sequential numbers to each of the claims included in a Mass Filing, after which the claims numbered 1-10 will be designated the “Initial Test Cases” and will proceed to arbitration. The Parties agree to decide on a single arbitrator for all Initial Test Cases and to consolidate the cases for pre-hearing procedures and the pre-hearing conference. Unless the claims are resolved in advance or the schedule is extended, the arbitrator will render final awards for the Initial Test Cases within 120 days of the initial pre-hearing conference. If fewer than 5 Initial Test Cases resolve without a final decision of the arbitrator because they are resolved in advance, cases will be selected in batches of 10 and will proceed to arbitration until at least 5 have been resolved by a final arbitrator decision. The arbitrator’s decisions for the Initial Test Cases shall be in writing and shall contain the essential findings and conclusions of fact and law upon which the arbitrator based the decision.  

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The results of the Initial Test Cases resolved by a final arbitrator decision will then be given to a mediator who will try to facilitate a resolution of the remaining cases. After the results are provided to the mediator, the mediator and the parties will have 90 days (the “Mediation Period”) to agree on a resolution or substantive methodology for resolving the outstanding cases. If the parties are unable to resolve the outstanding claims during the Mediation Period, either Party may choose to opt out of the arbitration process and proceed in court with its remaining claims. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period.  Opt out of arbitration under this section shall not be construed as opt out of the section titled “Class Waiver” below.

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Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to claims in the Mass Filing.  

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If your demand for arbitration is included in the Mass Filing, any statute of limitations applicable to your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled.

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Other remedies. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. In some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU AND Stimuli ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to your state’s law.  

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‍Opt-out. You can decline this agreement to arbitrate by emailing an opt-out notice to friends@Stimuli.run within 30 days of January 23, 2024 or when you first register your Stimuli account, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Stimuli also will not be bound by them.

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Exceptions. You or Stimuli may still pursue claims, if they qualify, in small claims court in New York, New York, or any U.S. county where you live or work. The small claims court, and not any arbitrator or AAA, shall have the exclusive authority to resolve disputes regarding whether a dispute is properly within the jurisdiction of a small claims court. Additionally, disputes concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of our services will not be subject to arbitration. Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party’s right to arbitration under this agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed (and any applicable statute of limitations tolled) pending the outcome of such action.

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Class waiver. IF YOU’RE A U.S. RESIDENT, EXCEPT AS PROVIDED HEREIN, YOU AND Stimuli AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, UNLESS Stimuli PROVIDES ITS CONSENT TO CONSOLIDATE IN WRITING. If this specific paragraph is found unenforceable, then the “Agreement to arbitrate” section will be null and void. If there is a final judicial determination that applicable law precludes enforcement of this paragraph’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.  This subsection does not prevent you or Stimuli from participating in a class-wide settlement of claims.

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Changes to this Dispute Section: Stimuli will provide 30 days’ notice of the date of any material changes to this clause. Changes will become effective on the 30th day and apply to all claims not yet filed. If you continue to use the site after the 30th day, you agree that any unfiled claims of which Stimuli does not have actual notice are subject to the revised clause. If you reject any such changes by opting out of the arbitration agreement, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the arbitration agreement will not apply to claims not yet filed. If Stimuli changes this “Dispute Resolution” section after the date you first accepted this agreement (or accepted any subsequent changes to this agreement), you agree that your continued use of the Stimuli product(s) or services 30 days after such change will be deemed acceptance of those changes. If you do not agree to such change, you may opt out by providing notice as described in this section.

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Delete any of Your Content provided by you or your agent(s) to the Services;

‍Discontinue your registration(s) with any of the Services, including any Stimuli community;

Discontinue your subscription to any Services; and/or

‍Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action.

13. Electronic Communications

Communications between you and Stimuli Labs will take place electronically. By using the Services, you expressly consent to receive communications from Stimuli Labs in an electronic form.

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14. Indemnity

You hereby release and discharge Stimuli Labs, its officers, directors, employees, agents, and successors from any and all claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Services.

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15. Assignment

This Agreement may not be assigned without the prior written consent of Stimuli Labs.

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16. Force Majeure

Stimuli Labs shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fires, floods, accidents, network infrastructure failures, or other force majeure events.

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17. Data Security

17.1 Information Security Program

Stimuli Labs maintains a comprehensive information security program, including administrative, physical, and technical security policies and procedures concerning the processing of user data under this Agreement.

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17.1.1 Breach Notification

In the event of unauthorized access or disclosure of your data, Stimuli Labs will promptly notify you without undue delay. Stimuli Labs will not notify any regulatory authority, consumer, or third party unless explicitly requested in writing by you.

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17.1.2 Security Standards

Stimuli Labs adheres to stringent administrative, physical, and technical safeguards to prevent unauthorized access to or disclosure of your data.

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17.2.1 Availability

The Services strive for an uptime percentage of at least 99.9%, measured monthly. Downtime credits may be applicable in certain circumstances, as detailed in this section. If Stimuli is unavailable as a complete service for more than 6 hours Stimuli Labs will credit Customer 5% of the applicable fees for each period of 6 hours or more of downtime; provided that no more than one such credit will accrue per day. Any credits will be applied to Customer’s next payment for services, which will be the sole form in which such credits will be granted (no refunds will be issued for any such credits). The total amount of credit for downtime will not exceed one (1) week’s worth of applicable fees in any given one (1) calendar month in any event.

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17.3 Process Integrity

You are responsible for obtaining and maintaining the necessary hardware, software, and connectivity for accessing the Services. Stimuli Labs has the right to review and monitor all use of the Services to ensure compliance with this Agreement.

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17.3.1 PHI and Cardholder Data

You shall not include personal health information (PHI) or cardholder data in your data unless explicitly permitted in a separate agreement and a Business Associate Agreement with Stimuli Labs.

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17.4.1 Confidentiality

Confidential Information, including but not limited to the Subscription Service, Documentation, and enhancements, will be treated in accordance with this Agreement. The confidentiality obligations set forth herein do not apply to information that becomes public, is lawfully provided by a third party, is already known to the receiving party, or is independently developed by the receiving party.

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