Terms of use
Last Updated: May 12, 2025
Welcome and thank you for your interest in DateshootAI, a service provided by StochasticGrad LLC ("DateshootAI", "we", "us" or "our"). This Terms of Use Agreement ("Terms of Use", and together with any applicable Supplemental Terms defined in Section 1.3, the "Agreement") describes the terms and conditions that apply to your use of (i) the website located at https://www.dateshootai.com/
and its subdomains, and any of DateshootAI’s other websites on which a link to these Terms of Use appears (collectively, the "Website"), (ii) any mobile application(s) that we offer subject to these Terms of Use (each, an "Application"), and (iii) the products, services, content, and other resources available on or enabled via our Website or any Application (collectively, with our Applications and Website, the "Service").
Please read this Agreement carefully. This Agreement governs your use of the Service and applies to all users visiting or accessing the Service. By accessing or using the Service in any way, accepting this Agreement by clicking on the "I Accept" button, completing the account registration process, browsing the Website, or downloading the Application, you represent that --
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you have read, understand, and agree to be bound by this Agreement,
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you are at least eighteen (18) years of age,
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you are not barred from using the Service under the laws of the United States, your place of residence, or any other applicable jurisdiction, and
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you have the authority to enter into this Agreement personally, or if you are accessing or using the Service on behalf of an entity, on behalf of the entity identified in the account registration process.
If the individual entering into this Agreement is doing so on behalf of an entity, all references to "you" or "your" in this Agreement will also be deemed to refer to such entity. If you do not agree to be bound by the Terms of Use, you may not access or use the Service.
This Agreement is subject to change by DateshootAI in its sole discretion at any time as set forth in Section 15.5 (Agreement Updates).
If you subscribe to any feature or functionality of the Service for a term (the "Initial Term"), then your subscription will be automatically renewed for additional periods of the same duration as the Initial Term at DateshootAI's then-current fee for such features and functionality unless you opt out of the automatic renewal of the Service in accordance with Section 7.3(a) (Automatic Renewal) below.
Section 14 (Arbitration Agreement) contains provisions that govern how to resolve disputes between you and DateshootAI. Among other things, Section 14 includes an agreement to arbitrate which requires, with limited exceptions, that all disputes between you and us shall be resolved by binding and final arbitration. Section 14 also contains a class action and jury trial waiver. Please read Section 14 carefully.
Unless you opt out of the Arbitration Agreement (as defined in Section 14) within thirty (30) days in accordance with Section 14.10 (30-Day Right to Opt Out):
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you will only be permitted to pursue disputes or claims and seek relief against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you waive your right to participate in a class action lawsuit or class-wide arbitration; and
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you are waiving your right to pursue disputes or claims and seek relief in a court of law and to have a jury trial.
Here’s an extended Section 1 (SERVICE) for DateshootAI’s Terms of Use, adapted from the provided template, with references to your service and company details (including the support email: contact@stochasticgrad.com
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1. SERVICE
1.1 Our Service
DateshootAI is a generative AI-powered content creation platform owned and operated by StochasticGrad LLC. The Service allows users to upload photos, train AI models, and generate personalized images using those models. The Service and all associated content and intellectual property are protected by applicable copyright and other intellectual property laws. Unless you are subject to a separate agreement with StochasticGrad LLC, your right to access and use the Service is governed solely by this Agreement.
1.2 Application License
Subject to your compliance with this Agreement, DateshootAI grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to download, install, and use a copy of any DateshootAI mobile or desktop application (“Application”) on a single device that you own or control. This license is granted solely for your personal or internal business purposes.
1.3 Supplemental Terms and Updates
Your use of certain features or components of the Service may be subject to additional or separate terms ("Supplemental Terms"). These Supplemental Terms will be provided to you when applicable and are incorporated by reference into this Agreement. In the event of any conflict between this Agreement and Supplemental Terms, the Supplemental Terms shall control solely with respect to the applicable feature or service.
You acknowledge that DateshootAI is an evolving platform, and as such, we may update or modify the Service and Applications from time to time. These updates may be necessary to improve functionality, security, or compatibility and may be installed automatically. You may also be required to update third-party software to maintain access to the Service. All updates and additions to the Service are governed by this Agreement unless we specify otherwise.
1.4 Text Message Services
DateshootAI may provide optional SMS/MMS mobile message programs (“Message Service”) that allow users to receive updates, alerts, or other information via text message. By opting in to receive messages through the Message Service, you agree that your participation is governed by this Agreement.
DateshootAI does not charge for participation in the Message Service, but you are responsible for any charges from your wireless carrier, including message and data rates. By providing your mobile number and opting in, you represent that you are authorized to receive messages at that number and that you consent to receive recurring messages, including those sent via an automatic telephone dialing system (“ATDS”) or similar automated technologies. Your consent to receive messages is not a condition for purchasing any products or services.
To stop receiving messages, reply with one of the following keywords: STOP, END, CANCEL, UNSUBSCRIBE, or QUIT. You may receive one final message confirming your opt-out. You agree that any variations or misspellings of these commands may not be recognized, and DateshootAI is not liable for any failure to honor such opt-out attempts.
If you participate in multiple Message Service programs, you must unsubscribe from each program individually. For support regarding text messages, reply HELP to any message or email us at contact@stochasticgrad.com. Please note that sending an email is not a valid method of opting out from the Message Service.
We may change our sending number or short code at any time, with or without notice. If you send messages to an outdated number or code, we are not responsible for any failure to process such messages. Message Service availability may vary by location, carrier, or device, and we are not responsible for message delivery failures.
If you change your mobile phone number, you agree to first opt out of all Message Service programs linked to your old number. All Message Service-related disputes are subject to the Arbitration Agreement set forth in Section 14 of this Agreement.
Here is Section 2 (REGISTRATION) adapted for DateshootAI, incorporating the appropriate references to your service and entity (StochasticGrad LLC):
2. REGISTRATION
2.1 Account
To access certain features of the DateshootAI service ("Service"), you may be required to register an account ("Account"), connect through a valid third-party social networking service ("Third-Party Account"), or have an account with the app store from which you downloaded any DateshootAI application. The Service may allow you to link your Account with a Third-Party Account by enabling DateshootAI to access your Third-Party Account, in accordance with the applicable terms and conditions governing such Third-Party Account.
By linking your Third-Party Account, you represent that you are authorized to disclose your login credentials and grant access to DateshootAI without violating any applicable terms of use, incurring fees, or imposing limitations on DateshootAI’s use. You understand that by granting access, DateshootAI may retrieve, use, and store content from your Third-Party Account (“SNS Content”), and that such SNS Content will be considered Your Content (as defined in Section 3.1) under this Agreement. Based on the privacy settings you have configured in your Third-Party Account, personally identifiable information may become accessible through your Account on the Service.
If a Third-Party Account becomes unavailable or if access is revoked by the third-party service provider, the corresponding SNS Content may no longer be accessible on the Service. You can disable the connection between your Account and any Third-Party Accounts at any time in your Account settings.
Your relationship with third-party service providers is governed solely by your agreements with those providers. DateshootAI and StochasticGrad LLC disclaim any liability for information made accessible in violation of your privacy settings. DateshootAI does not monitor, verify, or evaluate any SNS Content for accuracy, legality, or compliance, and disclaims responsibility for such content.
2.2 Account Use
When creating an Account, you agree to (i) provide true, accurate, current, and complete information as requested during the registration process ("Registration Data"), and (ii) keep your Registration Data up to date at all times. You acknowledge that your Account is licensed—not sold—to you and that all rights in and to your Account remain the exclusive property of StochasticGrad LLC.
You are solely responsible for any activity that occurs under your Account. You agree to monitor your Account and restrict use by unauthorized users, including minors. You are responsible for any unauthorized access or use of the Service via your Account. You must not share your login credentials or permit others to use your Account. You agree to notify us immediately at contact@stochasticgrad.com of any breach of security or unauthorized use.
If you provide any false, inaccurate, or incomplete information, or if DateshootAI has reason to believe such information is false or misleading, we reserve the right to suspend or terminate your Account and refuse current or future access to the Service.
You agree not to create an Account using a false identity, the identity of another individual, or more than one Account at a time. StochasticGrad LLC reserves the right to reclaim or remove any username for any reason, including but not limited to claims by a third party that a username violates their rights. You further agree not to register for or use the Service if you have previously been removed or banned.
Here is Section 3 (CONTENT) adapted for DateshootAI and StochasticGrad LLC, preserving the intent of the original template while updating branding, service references, and terminology:
3. CONTENT
3.1 Types of Content
Subject to your compliance with this Agreement, you may upload, submit, or share data, text, graphics, audio, video, images, and other materials (“Content”) through DateshootAI ("Service"), including prompts, comments, questions, and other input you provide (“Input”). You, not StochasticGrad LLC, are solely responsible for all Input you make available via the Service, including any content retrieved through linked Third-Party Accounts. You represent and warrant that you have all necessary rights to provide such Input and to grant the license described in Section 3.3 (License to Your Content), and that you have obtained any necessary permissions.
In response to your Input, the Service may use artificial intelligence services, including third-party tools ("AI Services"), to generate new text, images, videos, audio, or other content (“Output”). You acknowledge that all Output is generated based on your Input, and StochasticGrad LLC does not control, endorse, or validate any such Input or Output. Outputs are provided “as is” and “with all faults,” and we make no guarantees as to their accuracy, legality, or suitability for any purpose. You assume all risks related to your use of any Output, including any intellectual property claims or privacy implications that may arise.
3.2 Ownership of Content
StochasticGrad LLC does not claim ownership of your Input or Output (collectively, “Your Content”). As between you and DateshootAI, you retain all rights, title, and interest in and to Your Content, subject to the license granted in Section 3.3. However, you acknowledge that (a) similar or identical Output may be generated for other users; and (b) DateshootAI makes no representation that your Output is eligible for copyright protection or other intellectual property rights.
3.3 License to Your Content
By using the Service, you grant StochasticGrad LLC a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid, sublicensable (through multiple tiers) license to use, copy, reproduce, adapt, modify, translate, distribute, publicly perform, publicly display, and create derivative works from Your Content, in whole or in part, for the purpose of operating and improving the Service. This includes use of Your Content for training, development, and enhancement of our underlying models and technologies, as well as for moderation, analytics, and promotional purposes.
If you share Output with other users, you also grant those users a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use, copy, adapt, and display your Output. You acknowledge and agree that Your Content may be reviewed, stored, or shared by third-party AI Services, and may be used to improve their models under their own terms.
3.4 Content Provided by Other Users
The Service may allow access to content created or uploaded by other users (“User Content”). StochasticGrad LLC does not control or endorse User Content and makes no representations regarding its accuracy or legality. Your interactions with other users and use of their content is entirely at your own risk. If you share Your Content in public areas of the Service, others may view, use, and reproduce it in accordance with Section 3.3. While we may monitor interactions or disputes among users, we are under no obligation to intervene and assume no liability arising from user interactions.
3.5 AI Services
DateshootAI may rely on AI Services provided by third parties to generate Output based on your Input. You acknowledge that such services may not be required to keep Your Content confidential, and they may retain rights to use Your Content under their own terms. You are responsible for reviewing any applicable terms from these third-party AI providers. We assume no liability for the availability, accuracy, or behavior of any AI Services used in connection with the Service.
3.6 Content Restrictions
You must comply at all times with our Acceptable Use Policy and any third-party AI service terms. You may not use the Service to share, generate, or access content that: (A) is illegal, abusive, defamatory, deceptive, obscene, or offensive; (B) infringes intellectual property or privacy rights of others; (C) contains viruses or other harmful code; (D) includes personal data of individuals other than yourself without consent; (E) includes sensitive personal information such as health, financial, or government ID data; or (F) involves unsolicited commercial activity, contests, promotions, or explicit material, unless expressly authorized by StochasticGrad LLC. We reserve the right to remove or restrict access to content that violates these rules, in our sole discretion.
3.7 Storage
Unless explicitly agreed otherwise, StochasticGrad LLC has no obligation to store Your Content. Some features may allow you to configure sharing or privacy settings, but you are solely responsible for managing those settings. We may apply reasonable technical limitations on content storage and processing, including limits on file size, retention duration, and available storage space.
3.8 Privacy
By using the Service, you acknowledge and agree to our Privacy Policy, which may be updated from time to time. You are responsible for reviewing the latest version and understanding how your data and content are handled.
4. OWNERSHIP
4.1 The Service. Except with respect to Your Content, you acknowledge and agree that DateshootAI and its licensors or suppliers own all rights, title, and interest in and to the Service (including, but not limited to, all AI-generated models, prompts, photo results, computer code, UI/UX designs, characters, names, stories, visual effects, methods of operation, documentation, and all associated software) and any enhancements, updates, or derivative works thereof. You shall not remove, alter, or obscure any copyright, trademark, or other proprietary notices included in or with the Service.
4.2 Trademarks. All trademarks, service marks, trade names, logos, and related visual elements of DateshootAI are the property of DateshootAI and may not be used without prior written consent. Any third-party marks used in connection with the Service are the property of their respective owners.
4.3 Username. By submitting Your Content to any area of the Service that allows public display or interaction (including feedback forums, galleries, or shared shoots), you hereby grant DateshootAI permission to display your username (which may be a pseudonym) in connection with Your Content.
4.4 Feedback. You agree that any feedback, suggestions, or ideas you provide to DateshootAI (“Feedback”) may be used without obligation or compensation. You hereby grant DateshootAI a royalty-free, perpetual, irrevocable, sublicensable, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and otherwise exploit such Feedback in any form or media now known or developed in the future.
5. USER CONDUCT AND RESTRICTIONS; MONITORING
5.1 User Conduct and Restrictions. You agree not to use the Service for any unlawful purpose or in violation of this Agreement. You shall not (and shall not permit others to): (i) resell, license, or commercially exploit any part of the Service without explicit permission; (ii) reverse engineer, decompile, or disassemble the Service; (iii) use bots, scrapers, or automated tools to extract data; (iv) impersonate others or misrepresent your identity; (v) upload harmful code or attempt to interfere with the functioning of the Service; (vi) infringe on others’ intellectual property rights using the Service, including by generating content without proper rights or licenses.
Violations of this section may result in suspension or termination of access to the Service.
5.2 Monitoring and Enforcement. DateshootAI may, but is not obligated to, monitor or review content submitted by users. We reserve the right to remove, refuse, or edit any content and to cooperate with law enforcement as necessary. We may suspend or terminate your account at any time for any reason, including for violation of this Agreement.
6. THIRD-PARTY SERVICES
6.1 AI Models and Third-Party Integrations. DateshootAI integrates with third-party AI model providers, photo generation tools, and payment processors. These integrations are subject to their own terms and privacy policies. We do not control or assume responsibility for any third-party services. By using such integrations, you acknowledge and accept their associated terms.
6.2 App Store Terms. If you access the Service via an app downloaded from the Apple App Store or Google Play, your use of the Service must also comply with their respective usage rules and license restrictions.
6.3 External Links and Buttons. The Service may include buttons or links to social media or external websites. Use of these features may result in sharing data with those third parties. You acknowledge that such third-party services are governed by their own terms.
7. FEES AND PURCHASE TERMS
7.1 Payment Processor. DateshootAI uses Stripe, Inc. as its third-party payment processor. By making a purchase, you agree to Stripe’s Privacy Policy and Terms of Service, and authorize DateshootAI and Stripe to process and store your payment information.
7.2 Payments. All fees are charged in accordance with the pricing described on the Service. By submitting payment details, you authorize us to charge you for the selected services or credit packages. All purchases are final and non-refundable unless otherwise specified.
7.3 Subscriptions. Certain features of DateshootAI may be offered via a subscription:
- (a) Auto-Renewal: Subscriptions automatically renew unless canceled in advance of the renewal date.
- (b) Cancellations: You may cancel your subscription at any time in your account settings. You will retain access until the end of the billing cycle, but no partial refunds are offered.
- (c) Upgrades/Downgrades: Subscription changes will take effect immediately (for upgrades) or at the next billing cycle (for downgrades). Feature or content loss from downgrades is your responsibility.
7.4 Taxes. Prices listed do not include applicable sales, use, or other taxes. If such taxes apply, they will be added to your total, and you are responsible for their payment.
8. INDEMNIFICATION
You agree to indemnify and hold harmless DateshootAI, its parents, affiliates, subsidiaries, officers, directors, employees, agents, partners, licensors, and service providers (each, a “DateshootAI Party” and collectively, the “DateshootAI Parties”) from and against any and all losses, liabilities, claims, damages, demands, costs or expenses (including reasonable attorneys’ fees) arising out of or related to: (i) Your Content or your use of AI-generated outputs; (ii) your access to or use of the Service; (iii) your violation of this Agreement; (iv) your infringement or misappropriation of the rights of any third party (including intellectual property rights, privacy rights, or publicity rights); or (v) your violation of any law, regulation, or applicable rule.
DateshootAI reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder, and you agree to fully cooperate with DateshootAI in asserting any available defenses. This provision does not require you to indemnify any DateshootAI Party for any fraudulent, misleading, or unlawful conduct committed solely by such party. These indemnification obligations will survive termination of your Account or this Agreement.
9. DISCLAIMER OF WARRANTIES
9.1 As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL CONTENT, MATERIALS, FEATURES, AND OUTPUTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE DateshootAI PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Without limiting the foregoing, DateshootAI makes no warranty or representation that: (1) the Service will meet your expectations, goals, or quality standards; (2) the Service will be uninterrupted, timely, secure, or error-free; or (3) the AI-generated content or other results obtained through the Service will be accurate, useful, or reliable.
Any material accessed or downloaded through the Service is done at your own discretion and risk, and you will be solely responsible for any damage to your device or data loss that may result.
9.2 No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR INTERACTIONS WITH OTHER USERS AND THIRD PARTIES ON OR THROUGH THE SERVICE. DateshootAI DOES NOT CONTROL, ENDORSE, OR VERIFY USER CONTENT OR THIRD-PARTY SERVICES INTEGRATED WITH THE PLATFORM (INCLUDING AI MODEL PROVIDERS OR PAYMENT PROCESSORS). THE DateshootAI PARTIES EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR ANY ACTS OR OMISSIONS OF USERS, THIRD-PARTY PROVIDERS, OR EXTERNAL LINKS INCLUDED IN THE SERVICE.
10. LIMITATION OF LIABILITY
10.1 Disclaimer of Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE DateshootAI PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICE, OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE OR ANY CONTENT, REGARDLESS OF THE LEGAL THEORY, EVEN IF DateshootAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This includes, without limitation: (i) loss of production or business interruption; (ii) unauthorized access to or alteration of transmissions or data; (iii) actions or content of other users or third parties; or (iv) use of any AI-generated content for commercial or reputational purposes.
10.2 Cap on Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE DateshootAI PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, REGARDLESS OF FORM OR THEORY OF LIABILITY, SHALL NOT EXCEED THE GREATER OF: (i) THE TOTAL AMOUNT PAID BY YOU TO DateshootAI IN THE THREE (3) MONTHS PRIOR TO THE CLAIM GIVING RISE TO LIABILITY; OR (ii) ONE HUNDRED DOLLARS (\$100 USD).
This limitation does not apply to liability resulting from death or personal injury caused by gross negligence or willful misconduct, or fraud.
10.3 Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE ALLOCATION OF RISK AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND DateshootAI.
11. PROCEDURE FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that any content on the Service infringes your copyright, trademark, or other intellectual property rights, please send a written notice to DateshootAI’s designated agent that includes the following: (i) your physical or electronic signature; (ii) identification of the intellectual property right you claim has been infringed; (iii) a description of the infringing material and its location on the Service; (iv) your contact information; (v) a statement that you have a good faith belief that the disputed use is unauthorized; and (vi) a statement, under penalty of perjury, that the information you have provided is accurate and that you are authorized to act on behalf of the rights holder.
Designated Agent Contact: Legal Team – Stochasticgrad LLC Email: contact@stochasticgrad.com
DateshootAI reserves the right to remove content alleged to be infringing without prior notice and to terminate accounts of repeat infringers in accordance with applicable law.
12. TERM AND TERMINATION
This Agreement remains in full force and effect while you use the Service unless terminated by either party. You may terminate your account at any time through your account settings. DateshootAI may terminate or suspend your access to the Service, without notice, if: (i) you violate any provision of this Agreement; (ii) required by law or regulation; or (iii) we choose to discontinue the Service in whole or in part.
Upon termination, your right to use the Service will cease immediately. DateshootAI may delete your content and associated data from our active systems, and we shall not be liable to you or any third party for such termination or deletion.
Provisions that by their nature should survive termination (including but not limited to intellectual property, indemnity, warranty disclaimers, and limitations of liability) will remain in effect after your use of the Service ends.
13. INTERNATIONAL USERS
The Service is controlled and operated from the United States and is not intended to subject DateshootAI to non-U.S. laws or jurisdictions. We do not guarantee that the Service is appropriate or available in other locations. If you access the Service from outside the U.S., you do so on your own initiative and at your own risk, and you are responsible for complying with applicable local laws.
14. ARBITRATION AGREEMENT
Please read this section (the "Arbitration Agreement") carefully. It is part of your contract with DateshootAI and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
14.1 Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and DateshootAI agree that any dispute, claim, or disagreement arising out of or relating in any way to your access to or use of the Service, any communications you receive, any products or services sold or distributed through the Service, or this Agreement (including prior versions), including claims and disputes that arose between you and us before the effective date of this Agreement (each, a "Dispute") will be resolved by binding arbitration, rather than in court, except that: (i) you and DateshootAI may assert claims in small claims court if they qualify and remain in small claims court; and (ii) you or DateshootAI may seek equitable relief in court for infringement or other misuse of intellectual property rights. “Dispute” also includes issues arising before or after the termination of this Agreement.
14.2 Informal Dispute Resolution. Before initiating arbitration, you and DateshootAI agree to attempt to resolve any Dispute through good faith informal discussion ("Informal Dispute Resolution"). This includes a telephonic or videoconference meeting between you and a DateshootAI representative. If you are represented by counsel, your counsel may join the conference, but you must still participate.
14.3 Notice and Informal Dispute Resolution Conference. To initiate Informal Dispute Resolution, you must send a written notice to stochasticgrad LLC at contact@stochasticgrad.com or by mail to stochasticgrad LLC, 131 Continental Drive Suite 305 Newark DE 19713, indicating: (1) your name, contact details, and email associated with your account; (2) your legal representative’s information (if applicable); and (3) a description of your Dispute. The Informal Dispute Resolution Conference must occur within forty-five (45) days after DateshootAI receives your Notice unless both parties agree to extend the timeline. This is a condition precedent to arbitration, and the statute of limitations is tolled during this period.
14.4 Waiver of Jury Trial. YOU AND DateshootAI WAIVE ANY RIGHT TO A TRIAL BY JURY OR TO LITIGATE IN COURT, except as stated in Section 14.1. Arbitration is the exclusive means of resolving Disputes.
14.5 Waiver of Class and Other Non-Individualized Relief. YOU AND DateshootAI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION. Only individual relief is available, and claims involving multiple users cannot be combined, except as described in Section 14.10 (Batch Arbitration). If a court determines this provision is unenforceable, that claim may proceed in court while the remainder is arbitrated.
14.6 Rules and Forum. This Agreement is governed by the Federal Arbitration Act. If Informal Dispute Resolution fails after sixty (60) days, either party may initiate arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. Arbitration will take place in the county where you reside unless otherwise agreed or unless batch arbitration applies. Your Request for Arbitration must include all required details and a certification of completing the Informal Dispute Resolution process.
14.7 Arbitrator. The arbitrator shall be a retired judge or an attorney licensed in the state of New York, selected from AAA's consumer dispute roster. If the parties cannot agree on an arbitrator within thirty-five (35) days, the AAA will appoint one.
14.8 Authority of Arbitrator. The arbitrator has exclusive authority to resolve any Dispute under this Agreement, including enforceability and interpretation, except for issues reserved to the courts under this section (e.g., Section 14.5). The arbitrator’s decision will be final and binding and may be enforced in any court with jurisdiction.
14.9 Attorneys' Fees and Costs. Each party will bear its own legal costs unless the arbitrator deems a claim frivolous or filed for improper purposes. If a party must go to court to compel arbitration or enforce this Agreement, the prevailing party may recover reasonable attorneys' fees and costs.
14.10 Batch Arbitration. If 100 or more similar arbitration claims are filed against DateshootAI by the same law firm or organization within 30 days, AAA will process them in batches of 100 (plus a final batch if fewer remain). Each batch will be treated as a single arbitration, with shared fees and one arbitrator per batch. If there's disagreement about batching, a neutral “Administrative Arbitrator” will decide. This process is not a class or collective action and does not authorize such actions.
14.11 30-Day Right to Opt Out. You may opt out of this Arbitration Agreement by sending written notice to stochasticgrad LLC, 131 Continental Drive Suite 305 Newark DE 19713 within thirty (30) days of first becoming subject to it. Your opt-out must include your name, mailing address, email associated with your account, and a clear statement that you opt out. If you opt out, the rest of the Agreement still applies.
14.12 Invalidity, Expiration. If any part of this Arbitration Agreement is found unenforceable (except for Section 14.5), it will be severed, and the rest will remain effective. You agree that all arbitration claims must be initiated within the applicable statute of limitations or will be time-barred.
14.13 Modification. If DateshootAI makes any future material change to this Arbitration Agreement, we will notify you. You may reject the change by sending written notice within thirty (30) days to the address above. Continued use of the Service after a change constitutes your acceptance unless you reject it in writing. If you previously opted out, that opt-out remains in effect.
15. GENERAL PROVISIONS
15.1 Electronic Communications. The communications between you and DateshootAI may take place via electronic means, whether you visit the Service or send DateshootAI emails, or whether DateshootAI posts notices on the Service or communicates with you via email. For contractual purposes, you (i) consent to receive communications from DateshootAI in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that DateshootAI electronically provides to you satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. ("E-Sign").
15.2 Assignment. This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without DateshootAI’s prior written consent. DateshootAI may, without your consent, freely assign and transfer this Agreement, including any of its rights, obligations, or licenses granted under this Agreement. Any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
15.3 Force Majeure. DateshootAI shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
15.4 Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Service, please contact us at: contact@stochasticgrad.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
15.5 Agreement Updates. When changes are made, DateshootAI will make a new copy of this Terms of Service and/or Supplemental Terms, as applicable, available on the Service, and we will also update the “Last Updated” date at the top of this Agreement. If we make any material changes and you have registered an Account with us, we will also send an email with an updated copy of this Agreement to you at the email address associated with your Account. Unless otherwise stated in such update, any changes to this Agreement will be effective immediately for users without an Account and thirty (30) days after posting for users with an Account. DateshootAI may require you to provide consent to the updated Agreement in a specified manner before further use of the Service is permitted. IF YOU DO NOT AGREE TO ANY CHANGE(S) AFTER RECEIVING NOTICE OF SUCH CHANGE(S), YOU SHALL STOP USING THE SERVICE.
15.6 Exclusive Venue and Governing Law. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and DateshootAI agree that all claims and disputes arising out of or relating to this Agreement will be litigated exclusively in the state or federal courts located in New Castle County, Delaware. THIS AGREEMENT and any action related thereto will be governed and interpreted by and under the laws of the State of Delaware, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this AGREEMENT.
15.7 Notice. Where DateshootAI requires that you provide an email address, you are responsible for providing DateshootAI with a valid and current email address. In the event that the email address you provide to DateshootAI is not valid, or for any reason is not capable of delivering to you any notices required by this Agreement, DateshootAI’s dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to DateshootAI at the following address: stochasticgrad LLC 131 Continental Drive Suite 305 Newark DE 19713 United States Such notice shall be deemed given when received by DateshootAI by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
15.8 Waiver and Severability. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any portion of this Agreement is held invalid or unenforceable, that portion must be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions must remain in full force and effect.
15.9 Export Control. You may not use, export, import, or transfer the Service except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Service, and any other applicable laws. In particular, but without limitation, the Service may not be exported or re-exported (i) into any United States embargoed countries, or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Service, you represent and warrant that (A) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (B) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Service for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by DateshootAI are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer DateshootAI products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
15.10 Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.