Terms of Service

These terms govern your use of our website and services. Please read them carefully.

SCRUNCH AI TERMS OF USE

These Terms of Use were last modified and effective as of August 16, 2024.

PLEASE READ THESE TERMS CAREFULLY AS THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND EXCELSA LABS, INC., DBA SCRUNCH AI (“SCRUNCH AI,” “WE,” OR “US”) REGARDING YOUR USE OF SCRUNCH AI’S WEBSITES.

Please read these Terms of Use carefully. They include a binding arbitration provision in Section 5 requiring arbitration of disputes on an individual basis and a waiver of jury trials and class actions.

These Terms of Use govern your access to and use of the Scrunch AI services, along with any associated software applications and websites (all together, “Services”).

These Terms of Use do not apply to customers of our commercial offerings. Those relationships are governed by separate customer agreements.

These Terms of Use represent a legally binding agreement between you and us and apply to your use of the Services. By accessing or using this website (“Site”), you agree that you have read, understood, and accept these Terms of Use, our Privacy Policy, and all other policies or notices posted by us on our Site, which are incorporated by reference into these Terms of Use. If you do not accept these Terms of Use, please do not access or use this Site or the Services available here.

1. Access and Use of the Services.

  1. Sale of Services. Subject to your compliance with these Terms of Use, you may access and use or Services.  In using our Services you must comply with our Privacy Policy, any other documentation, guidelines, or policies we make available to you and all applicable laws. We may decide to discontinue our Services, but if we do, we will give you notice.
  2. Provision of Access. You may use this Site provided that (i) you are over 18 years of age, (ii) you are using the Services for your own personal use and not for commercial purposes, (iii) you do not copy the Services or any part of it, (iv) you do not modify the Services or any part of it, and (v) you comply with all applicable laws, rules, regulations, and court orders.
  3. Use Restrictions. You may not do any of the following in connection with your use of the Site: (i) Violate any copyrights, and other proprietary or intellectual property rights in this Site or the Services; (ii) Engage in any data mining, or use “bots” or similar data gathering and extraction tools or methods  in connection with this Site or the Services; (iii) Decompile, reverse engineer, disassemble, lease, sell, distribute, or reproduce this Site  or attempt to or assist anyone to discover he underlying components of the Services, including our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law); (iv) Transmit, post, or otherwise make available: (x) content that is unlawful, false, inaccurate, harmful, obscene, or otherwise objectionable, including but not limited to any content that infringes on any intellectual property right or proprietary right; (y) viruses, Trojan horses or other harmful programs or material; or (z) advertising or promotional materials, “spam,” or any other form of solicitation; (v) Misrepresent your affiliation with or impersonate any person or entity; (vi) Interfere with or disrupt this Site, or attempt to circumvent this Site’s security features; (vii) Remove or modify any copyright notices, other proprietary notices, or references to these Terms of Use in the Services or on this Site; (viii) Misrepresent the Services or this Site, or misinform others about the origin or ownership of the Services or this Site; or (ix) use the Services for any reason other than collecting  customer sentiment information for your product or service.
  4. Account Registration and Access. If you want to use the Services, you will have to create an account (“Account”). You can do this via the Services through our online registration procedures which we may update from time to time. It is important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If don’t provide such information in the form described, we may suspend or terminate your Account. You agree that you won’t permit any person to access, use or operate the Services. You will use all reasonable means to secure usernames and passwords, hardware and software used to access the Services in accordance with customary security protocols, and will promptly notify Scrunch AI if you know or reasonably suspect that any username and/or password has been compromised. You are responsible for all activities that occur under your Accounts, whether or not you know about them. You represent that you have not and will not misrepresent your identity or otherwise provide any deceptive or misleading profile information or image in the creation of your account with Scrunch AI to use the Services. All personally identifiable information and automated data collected from you are governed by our Privacy Policy.
  5. Updates. Scrunch AI may from time to time develop patches, bug fixes, updates, upgrades and other modifications to the Services and may, in its discretion, make them available to you (collectively, “Updates”). You hereby acknowledge that such Updates may be required to use certain features or components of the Services, and you hereby agree (i) that you will promptly install any Updates that Scrunch AI requires or makes available; and (ii) to the automatic installation of the Updates if performed by or on behalf of Scrunch AI.
  6. Reservation of Rights. Scrunch AI or its suppliers retain all right, title and interest (including all copyright, trade secret, patent and other rights) in and to the Services and the Site. If you give feedback on the Services, for example recommendations for improvements or features, such feedback will be deemed non-confidential and non-proprietary, and implementation of that feedback is owned by us and may become part of the Services without compensation to you. We reserve all rights in and to the Services unless we expressly state otherwise. The Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. All product names, names of services, trademarks, and service marks (collectively, “Marks”) are the property of Scrunch AI or the property of their respective owners, as indicated. You may not use the Marks for any purpose whatsoever other than as permitted by these Terms of Use.
  7. Third party Services. Our Services may include third party software, products, or services, (“Third Party Services”) and some parts of our Services may include output from those services (“Third Party Output”). Third Party Services and Third Party Output are subject to their own terms (“Third Party Terms”), and we are not responsible for them.

2. Content of the Service and Site

  1. You may provide input to the Services (“Input”), and receive output from the Services based on the Input (“Output”). Input and Output are collectively “Content.” You are responsible for Content, including ensuring that it does not violate any applicable law,  these Terms or Third Party Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our Services. As between you and Scrunch AI, and to the extent permitted by applicable law, you retain your ownership rights in Input and own the Output. We hereby assign to you all our right, title, and interest, if any, in and to Output.
  2. Due to the nature of our Services and artificial intelligence generally, output may not be unique and other users may receive similar output from our Services. Our assignment above does not extend to other users’ output or any Third Party Output. Given the probabilistic nature of machine learning, use of our Services may, in some situations, result in Output that does not accurately reflect real people, places, or facts.
  3. We may use Content to provide, maintain, develop, and improve our Services, comply with applicable law, enforce our terms and policies, and keep our Services safe. If you do not want us to use your Content to train our models, you can opt out by emailing a request to [email protected]. Please note that in some cases this may limit the ability of our Services to better address your specific use case.
  4. When you use our Services you understand and agree: (i) Output may not always be accurate. You should not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional advice; (ii) You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output from the Services; (iii) You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them; and (iv) Our Services may provide incomplete, incorrect, or offensive Output that does not represent Scrunch AI’s views. If Output references any third party products or services, it doesn’t mean the third party endorses or is affiliated with Scrunch AI.
  5. This Site may include links to third-party sites, such as social media and file-sharing sites. When you access these sites, you are subject to third-party terms of use and privacy/security policies, which we recommend that you review. We are not responsible for the accuracy, completeness, legality, practices, or availability of linked sites (including any related services, content, software applications, and other technologies). In addition, we are not responsible for any interruption of services, malfunctions, or security breaches involving these third-party sites. References or links in this Site to any commercial products or services, or the use of any trade, firm or corporation name do not constitute endorsement by Scrunch AI.

3. Indemnification

  1. You agree to defend us against all claims, demands, or actions arising from or incurred as a result of your breach of these Terms of Use (“Claim”), and you shall indemnify and hold us harmless from and against any expenses, losses, damages and costs (including but not limited to reasonable legal costs and disbursements) resulting from any such Claim. We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree to cooperate with us, at our request, in the defense of any such Claim.
  2. Indemnification Procedures. The Party seeking defense and indemnity (the “Indemnified Party”) will promptly notify the other Party (the “Indemnifying Party”) of any and all such claims and will reasonably cooperate with the Indemnifying Party with the defense and/or settlement thereof. The Indemnifying Party will have the sole right to conduct the defense of any claim for which the Indemnifying Party is responsible hereunder (provided that the Indemnifying Party may not settle any claim without the Indemnified Party’s prior written approval unless the settlement unconditionally releases the Indemnified Party from all liability, does not require any admission by the Indemnified Party, and does not place restrictions upon the Indemnified Party’s business, products or services). The Indemnified Party may participate in the defense or settlement of any such claim at its own expense and with its own choice of counsel or, if the Indemnifying Party refuses to fulfill its obligation of defense, the Indemnified Party may defend itself and seek reimbursement from the Indemnifying Party.

4. Limitation of Liability

THIS SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, AND MAY BE SUBJECT TO ERRORS, INACCURACIES OR OMISSIONS.

SCRUNCH AI MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THIS SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO THEIR COMPLETENESS, ACCURACY, TIMELINESS, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR FREEDOM FROM COMPUTER VIRUSES. YOUR ACCESS TO AND USE OF THIS SITE AND THE SERVICES ARE AT YOUR SOLE RISK. SCRUNCH AI SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES (INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES), LOSSES, CLAIMS OR LIABILITY, KNOWN OR UNKNOWN (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, USE OR DATA), ARISING OUT OF THE USE OF (OR INABILITY TO USE) THIS SITE, THE SERVICES, OR ANY THIRD-PARTY SITE LINKED TO THIS SITE.

5. Arbitration, Class-Action Waiver, Jury Waiver, and Governing Law.

YOU AND SCRUNCH AI SHALL RESOLVE ANY DISPUTES BETWEEN THEM EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, WHICH MEANS SCRUNCH AI AND YOU WAIVE ANY RIGHT TO LITIGATE DISPUTES IN A COURT OR BEFORE A JURY, OR AS PART OF A CLASS ACTION OR A REPRESENTATIVE ACTION, A CONSOLIDATED ACTION, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

If you have a dispute, we hope to resolve it as quickly and easily as possible. First discuss your dispute with us by sending the details of your complaint to [email protected]. If we are unable to resolve your dispute, you agree that either Scrunch AI or you can initiate arbitration as described in this section. Arbitration is an alternative to litigation where a neutral person, the arbitrator, hears and decides the parties’ dispute. Arbitration proceedings are designed to provide parties with a fair hearing in a manner that is faster and less formal than court proceedings. Binding arbitration means the decision of the arbitrator is final and enforceable. A dispute is any unresolved disagreement between Scrunch AI and you. A dispute also includes a disagreement about the meaning of this Section 5, application, or enforcement. The arbitrator shall decide any dispute under these Terms of Use. The following procedures apply to all arbitration proceedings involving You and Scrunch AI.

The arbitrator’s fee and other costs associated with any arbitration related to a non-frivolous claim, will be divided equally between the parties unless the arbitrator, acting under Federal Rule of Civil Procedure 54(d)(1), elects to award these fees to the prevailing party. Attorney’s fees may be awarded to the prevailing party if expressly authorized by statute, or otherwise each party will bear its own attorney’s fees and costs. Any dispute, claim, or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration held in the state of your residence San Francisco, California before one arbitrator. The arbitration shall be administered pursuant to JAMS’s Streamlined Arbitration Rules and Procedures (https://www.jamsadr.com/rules-streamlined-arbitration/). The arbitrator shall have exclusive authority to resolve any arbitrability issues including any dispute over these Terms of Use or this arbitration provision’s scope, application, meaning, and enforceability. The arbitrator shall be empowered to grant whatever relief would be available in court. Any award of the arbitrator(s) shall be final and binding and may be entered as a judgment in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.  The one exception to the exclusivity of arbitration is that either party has the right to bring an individual claim against the other in a small claims court of competent jurisdiction, or, if filed in arbitration, the responding party may request that the dispute proceed in small claims court instead if the claim is within the jurisdiction of the small claims court.  If the request to proceed in small claims court is made before an arbitrator has been appointed, any open arbitration between the parties shall be administratively closed.  If an arbitrator has been appointed, the arbitrator shall determine whether the dispute should remain in arbitration or instead be decided in small claims court.  Arbitration shall be conducted by written submissions only, unless either you or Scrunch AI invoke the right to an oral hearing before the arbitrator.\

Any dispute regarding these Terms of Use, your use of the Services, your relationship with Scrunch AI, or any action contemplated by these Terms of Use shall be governed by the laws of the State of Utah without regard to its conflict of law rules.  You acknowledge that these Terms of Use evidence a transaction involving interstate commerce.  Notwithstanding the governing law provision contained in this paragraph with respect to applicable substantive law, the arbitration provisions in these Terms of Use shall be governed by the Federal Arbitration Act.

Additionally, except where prohibited by law, as a condition of using the Services, you agree that any and all disputes and causes of action arising out of or connected to the Services shall be resolved individually, without resort to any form of class action, and that you shall not commence, maintain, or participate in any class action, class arbitration, or any other representative action or proceeding against Scrunch AI.

If any provision related to this arbitration agreement is found to be illegal or unenforceable, then such provision shall be severed from this Section 5, but the rest of Section 5 shall remain enforceable and in full effect. Scrunch AI or you each can exercise any lawful rights or use other available remedies to:

  • Preserve or obtain possession of property;
  • Exercise self-help remedies, including setoff rights; or
  • Obtain injunctive relief (including public injunctive relief), attachment, garnishment, or appointment of a receiver by a court of competent jurisdiction.

The substance of any disputes where public injunctive relief is available shall be decided by the arbitrator. Only if the claimant succeeds in its claim permitting the remedy of a public injunction may such claimant request that a court of competent jurisdiction enter an injunction in conformity with the arbitral award.

You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

6. Termination and Suspension.

You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to our Services or delete your account if we determine: (i) You are in breach; (ii) We must do so to comply with the law; (iii) Your use of our Services could cause risk or harm to Scrunch AI, our users, or anyone else.

We also may terminate your account if it has been inactive for over a year. If we do, we will provide you with advance notice.

If you believe that someone or some entity has copied or posted your work or proprietary information in association with our Services, in an unauthorized manner that constitutes infringement of copyright, please give our Copyright Agent the following information:

  • A physical or electronic signature of the individual or entity who owns the copyright;
  • A description of and url link to the copyrighted work that you believe has been infringed upon;
  • Your postal mailing address;
  • Your telephone number;
  • Your email address; and
  • A written statement by you that you believe, in good faith, that the usage of the work is not authorized or consented upon by the rightful copyright owner.
  • A written statement made by you, under penalty of perjury, that the information in your copyright claim is completely accurate and that you are in fact the rightful copyright owner, or that you have authorized consent to act on the copyright owner’s behalf.

    Send claims by email to: [email protected]

    Or by mail to:
    Scrunch AI
    50 W Broadway, Suite 333 PMB 76690
    Salt Lake City, UT 84104

8. Miscellaneous.

  1. Entire Agreement. These Terms of Use, together with any other documents incorporated herein by reference, constitutes the sole and entire agreement of the Parties with respect to your access to and use of the Services and the Site.

  2. Changes to the Terms of Use; Waiver. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. No waiver by any Party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the Party so waiving.

    Except as otherwise set forth in these Terms of Use, (i) no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from these Terms of Use will operate or be construed as a waiver thereof and (ii) no single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

  3. Severability. If any provision of these Terms of Use is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of these Terms of Use or invalidate or render unenforceable such term or provision in any other jurisdiction. Our failure to enforce a provision is not a waiver of our right to do so later.

  4. Governing Law; Jurisdiction.  These Terms of Use and any matter or dispute arising out of the Services or the Site shall be governed by and construed in accordance with the law of the State of Utah, without regard to any conflict of law rules of such state.
    The Parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use.
    The Parties hereby acknowledge and agree that any suit, action or proceeding seeking to enforce any provision of, or based on any matter arising out of or in connection with, these Terms of Use shall be brought in the state or federal courts for District of Utah and each of the Parties hereby irrevocably consents to the jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by law, any objection that it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum. Process in any such suit, action or proceeding may be served on any Party anywhere in the world, whether within or without the jurisdiction of any such court, and each Party hereby irrevocably consents to service of process in connection with any such suit, action or proceeding by registered mail to such Party.

  5. Assignment. You may not assign or transfer any rights or obligations under these Terms of Use and any attempt to do so will be void. We may assign our rights or obligations under these Terms of Use to any affiliate, subsidiary, or successor in interest of any business associated with our Services.

  6. Contact Us. If you have any questions about these Terms of Use, please contact us at:

    Scrunch AI
    50 W Broadway
    Suite 333 PMB 76690
    Salt Lake City, UT 84104

    Or via email at: [email protected]

  7. Trade controls. You must comply with all applicable trade laws, including sanctions and export control laws. Our Services may not be used in or for the benefit of, or exported or re-exported to (a) any U.S. embargoed country or territory or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. Our Services may not be used for any end use prohibited by applicable trade laws, and your Input may not include material or information that requires a government license for release or export.