Terms of Service

These Terms of Service (“Terms”) apply to your access to and use of the websites, downloadable desktop applications, software, application programming interfaces, cloud based features, artificial intelligence features, integrations, documentation, support, and other products and services that link to these Terms (collectively, our “Services”) provided by Mediar, Inc. d/b/a screenpipe (“screenpipe”, “we,” “us,” or “our”).

By accessing or using our Services, you agree to be bound by these Terms and all terms incorporated by reference. If you do not agree to these Terms in their entirety, do not use our Services.

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes to the extent permitted by applicable law. Changes to data processing that require consent will not take effect based solely on continued use. For changes that materially reduce your rights or materially increase your obligations, we will provide at least 30 days’ advance notice by email or in-Service notice. Material changes will become effective on the stated date. Changes addressing new features, legal requirements, or security may take effect immediately.

If you do not agree to the amended Terms, you must stop using our Services.

If you have any questions about these Terms or our Services, please contact us at louis@screenpi.pe.

For information about how we collect, use, share or otherwise process information about you, please see our Privacy Policy. If you use the Services on behalf of an organization, our Data Processing Addendum applies to our processing of Customer Personal Data, as defined in that addendum, to the extent required by applicable law or agreed in an applicable order form or written agreement with us.

You must be at least 18 years of age to use our Services. If you are under 18 years of age or otherwise not old enough to enter into a binding agreement, you may not use the Services. If you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.

You may not use the Services if you are located in, or a citizen or resident of any state, country, territory or other jurisdiction that is embargoed by the United States or where your use of the Services would be illegal or otherwise violate any applicable law. You represent and warrant that you are not on any U.S. restricted party list, that you’re not a citizen or resident of any such jurisdiction, and that you will not use any Services while located in any such jurisdiction. You also may not use the Services if you are located in, or a citizen or resident of, any other jurisdiction where we have determined, at our discretion, to prohibit use of the Services. We may implement controls to restrict access to the Services from any such jurisdiction. You will comply with this paragraph even if our methods to prevent use of the Services are not effective or can be bypassed.

You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. You may not share your account credentials except as expressly permitted by your plan or by us in writing, and you are responsible for all activities that occur under your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.

Our Services may allow you and other users to create, post, store, share, capture, upload, submit, transmit, process, export, or otherwise make available content, including messages, comments, pages, stories, text, photos, graphics, videos, works of authorship, software, music, sound, links, screenshots and other screen captures, audio recordings, transcripts, prompts, queries, files, calendar information, application activity, operating system activity, workflow data, and other content, data, or information (collectively, “Customer Content”). Customer Content includes content submitted, captured, or processed by any person who uses the Services through your account or workspace. Customer Content does not include Output, Services Data, Deidentified Data, or Analytics Data. “Services Data” means account, billing, usage, diagnostic, support, security, and technical information relating to the Services. Except for the license you grant below, you retain all rights in your Customer Content, as between you and us. Depending on the features you enable, the Software (defined below) may process screenshots or other screen captures, audio recordings, transcripts, and related activity data locally on your device. In local-only mode, this Customer Content remains on your device and is not collected by or transmitted to screenpipe. We receive this Customer Content only when you choose to enable a feature that transmits it, such as cloud AI, syncing, exports, connectors, team workflows, or support.

You hereby grant us and our subsidiaries and affiliates a perpetual, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable right and license to process, reproduce, distribute, and otherwise use and display Customer Content and perform all acts with respect to Customer Content as may be necessary for us (a) to perform the Services, (b) to use, share, and otherwise process Customer Content in accordance with our Privacy Policy, (c) to maintain, provide, secure, support, troubleshoot, analyze, and improve the Services, and (d) to generate or develop deidentified or aggregated data from Customer Content, Output (as defined below), Services Data, and use of the Services that does not identify, and is not reasonably capable of being used to identify, you, your organization, your users, any individual, or any third party (the “Deidentified Data”).

We do not use Customer Content, Output, or personal information to train artificial intelligence or machine learning models unless you separately and expressly agree in writing. By using the Services, you expressly consent to our creation and use of Deidentified Data and Analytics Data as described in this Section 4, including to improve and train our artificial intelligence and machine learning models, algorithms, products, services, technologies, and offerings. As between the parties, we solely own all right, title and interest in and to any Deidentified Data and any data, information and material created by us with such Deidentified Data. Deidentified Data may be used and disclosed for any legal business purpose, so long as the Deidentified Data does not identify, and is not reasonably capable of being used to identify, you, your organization, your users, any individual, or any third party. We may use Deidentified Data to maintain, provide, develop, improve, train, re-train, fine-tune, validate, and update our artificial intelligence and machine learning models, algorithms, products, services, technologies, and offerings. We will not attempt to reidentify Deidentified Data except to test whether our deidentification processes comply with applicable law. In addition, you acknowledge and agree that we may monitor, collect, use, and store anonymous and aggregate statistics regarding your use of the Services (collectively, “Analytics Data”). We may use Analytics Data to operate, secure, support, analyze, improve, and develop the Services and our other products and services, including to train, re-train, fine-tune, validate, and update our artificial intelligence and machine learning models, algorithms, products, services, technologies, and offerings.

Our Services may allow you to remove Customer Content. After you remove Customer Content, we will cease new uses within a commercially reasonable time. Copies may persist in backups and to the extent required by law or to resolve disputes. Certain Customer Content may be stored locally on your device and may be deleted by you through the Services or from your local device. If Customer Content is hosted by us through cloud features and you delete that Customer Content or your account, we will delete or stop processing that Customer Content in accordance with our Privacy Policy and, if applicable, our Data Processing Addendum, except that copies may persist in backups, archives, or logs for a limited period or as required or permitted by law. Deletion of Customer Content does not require us to delete Deidentified Data or Analytics Data.

You may not create, post, store or share any Customer Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your Customer Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. You are responsible for determining what Customer Content is captured, recorded, uploaded, submitted, processed, exported, or disclosed through the Services and for providing all notices and obtaining all consents required by applicable law, including laws relating to privacy, data protection, employment, workplace monitoring, call and meeting recording, audio and video recording, wiretapping, electronic communications, and biometric or sensitive personal information. You will not use the Services to capture, record, process, export, or disclose any information unless you have all rights, notices, consents, permissions, and lawful bases required to do so. Although we have no obligation to screen, edit or monitor Customer Content, we may delete or remove Customer Content at any time and for any reason with or without notice.

We take no responsibility and assume no liability for any Customer Content posted, stored, uploaded, accessed, downloaded, captured, recorded, processed, exported, or disclosed by you or any third party, or for any loss or damage thereto, incomplete or inaccurate Customer Content, user conduct, or Output. We are not liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. Enforcement of the Customer Content or conduct rules set forth in these Terms is solely at our discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that our Services will not contain any content that is prohibited by such rules. Although we have no obligation to screen, edit or monitor any Customer Content, we reserve the right, and have absolute discretion, to remove, screen or edit any Customer Content posted or stored on our Services at any time and for any reason without notice.

The Services may include artificial intelligence and machine learning functionality (“AI Features”) that enables the Services to generate summaries, reports, notes, recommendations, automations, classifications, chat responses, or other results based on your Customer Content (“Output”). For clarity, transcripts, extracted text, screen captures, screen recordings, audio recordings, metadata, local database records, and other processed or derived versions of Customer Content are Customer Content and not Output. You are solely responsible for the Output and your use of it.

AI Features may be provided by us or by third-party artificial intelligence, infrastructure, or model providers that we make available through the Services or that you choose to connect or configure, including through your own account, credentials, subscription, or application programming interface key (“AI Providers”). If you enable cloud AI, connect an AI Provider, use your own AI Provider account or key, or otherwise configure the Services to send Customer Content, Output, or related information to an AI Provider, you authorize us to process and transmit Customer Content, Output, and related information as needed to provide the applicable AI Feature. Your use of AI Providers may be subject to their own terms and policies.

As between the parties, to the extent permitted by applicable law and subject to these Terms, you will own all right, title, and interest, including all intellectual property rights, in any Output. Subject to these Terms, we assign to you all of our rights, if any, in any Output that arises solely from the creation of it by your use of the Services. You understand that due to the nature of the Services and artificial intelligence generally, Output may not be unique and other customers may receive similar or identical Output from the Services. Accordingly, the assignment above does not extend to other customers’ Output, to any of our Services, or to any other technology or intellectual property.

Given the probabilistic nature of machine learning, use of AI Features may result in Output that is not accurate, reliable, safe, or beneficial. Accordingly, when using any AI Features, you understand and agree:

You may not (a) use any Output or the AI Features to generate, distribute, or rely upon content that is false, misleading, or reasonably likely to cause harm, particularly in connection with health or safety information; (b) represent any Output as having been generated solely by a human; (c) use the Services, AI Features, or any non-public portion of the Services to extract or replicate screenpipe’s proprietary technology or to train, fine-tune, develop, improve, benchmark, or create a dataset for any artificial intelligence or machine learning model or service that directly competes with the Services, except that this restriction does not limit your use of Customer Content or Output for your own models or other lawful purposes, provided that you do not use Customer Content or Output to extract or replicate screenpipe’s proprietary technology or otherwise violate these Terms; (d) attempt to reverse engineer or extract any source data, model weights, or training information from the AI Features; (e) use Output as the sole basis for making decisions that have legal or similarly significant effects on an individual, including decisions relating to employment, housing, credit, insurance, education, criminal justice, or health care; or (f) otherwise use Output in a manner that violates any applicable laws or regulations or these Terms.

You agree to comply with all instructions we provide related to any AI Feature.

You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. In addition, you will not:

You may not create, post, store, share, capture, upload, submit, transmit, process, export, or otherwise make available any Customer Content that:

Enforcement of this Section 6 is solely at our discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 6 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

Our Services, Deidentified Data, and Analytics Data, including the text, graphics, images, photographs, videos, illustrations and other content contained in them, are owned by us or our licensors and are protected under both United States and foreign laws. For clarity, this Section 7 does not limit your rights in Customer Content or Output as described in Sections 4 and 5. Except as explicitly stated in these Terms, all rights in and to our Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your personal purposes or internal business purposes, as applicable, in accordance with these Terms, the documentation, your applicable plan, and any applicable order form or other written agreement with us. Any use of our Services other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited, will terminate this license and violate our intellectual property rights.

screenpipe and our logos, our product or service names, our slogans and the look and feel of our Services are our trademarks and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on our Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, or other feedback about us or our Services (collectively, “Feedback”). You hereby grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, perform, and otherwise exploit Feedback for any purpose, including to develop, improve, and market our Services and other products and services, without acknowledgment or compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in the Feedback. You understand that we may treat Feedback as nonconfidential.

The “Subscription Billing Date” is the date when you purchase your first subscription to the Subscription Services. Your account will be charged all applicable fees (the “Subscription Fee”) for the next subscription period automatically on the relevant, monthly or annual, anniversary of the Subscription Billing Date. If your Subscription Service includes seats, cloud AI, integrations, usage credits, fair use limits, storage, support, or other plan limits, you are responsible for fees, overages, or other charges associated with your selected plan and usage, as described at checkout, in your applicable plan, or in an order form or other written agreement with us. The subscription will continue unless and until you cancel your subscription, or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration, or to a different payment method if you change your payment information. Subscription Fees are non-refundable except as required by applicable law or expressly stated at checkout, in your applicable plan, or in an order form or other written agreement with us. We may change Subscription Fees or other charges for a Subscription Service by providing notice before the change applies to your next renewal term, unless a different process is stated in an order form or other written agreement with us. You may cancel your Subscription Service through your account or billing portal, if available, or by contacting us. Any cancellation of your subscription will be effective upon the end of the then current subscription period.

In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify our designated agent as follows:

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to us for certain costs and damages.

We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through our Services, including integrations, AI Providers, transcription providers, payment processors, cloud infrastructure providers, and other third-party services that you choose to connect, enable, or use in connection with the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. We do not control or endorse, and make no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk. Your use of third-party services may be subject to the third party’s own terms, policies, and fees, and we are not responsible for any third-party services or for any data processing, outputs, acts, or omissions of third parties.

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless us and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “screenpipe Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of our Services, including your use of any Output; (b) your Customer Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another, including intellectual property rights or privacy rights; (e) your conduct in connection with our Services; (f) your failure to provide any notice or obtain any consent, permission, or lawful basis required for the capture, recording, transcription, processing, export, disclosure, or other use of Customer Content; or (g) your use of or interaction with any third-party service, including any AI Provider, in connection with the Services. You agree to cooperate with the screenpipe Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims, including attorneys’ fees. You also agree that the screenpipe Parties will have control of the defense or settlement, at our sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us or the other screenpipe Parties.

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. EXCEPT AS OTHERWISE PROVIDED IN A WRITING BY US, OUR SERVICES, OUTPUT, THIRD-PARTY CONTENT, AND ANY CONTENT THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES, OUTPUT, AI FEATURES, THIRD-PARTY CONTENT, OR ANY CONTENT THEREIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, SECURE, OR UNINTERRUPTED. WHILE WE ATTEMPT TO MAKE YOUR USE OF OUR SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR SERVICES, SERVERS, OR ANY CONTENT THEREIN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF OUR SERVICES AND YOUR USE OF ANY OUTPUT.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND THE OTHER SCREENPIPE PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR COST OF SUBSTITUTE SERVICES, EVEN IF WE OR THE OTHER SCREENPIPE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE TOTAL LIABILITY OF US AND THE OTHER SCREENPIPE PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE GREATER OF THE AMOUNT PAID BY YOU TO USE OUR SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR $100.

THE LIMITATIONS SET FORTH IN THIS SECTION 15 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT OF US OR THE OTHER SCREENPIPE PARTIES OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

To the fullest extent permitted by applicable law, you release us and the other screenpipe Parties from responsibility, liability, claims, demands and damages, actual and consequential, of every kind and nature, known and unknown, including, but not limited to, claims of negligence, arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

To provide the Services, we may process, transfer, and store information about you in the United States and other countries as described in our Privacy Policy. Certain Customer Content may remain local to your device unless you enable features that involve transfer from your device, such as data syncing, cloud AI, exports, connectors, or team workflows. If you enable cloud AI, connectors, support, or other features that transmit Customer Content or related information from your device, that information may be processed by us or Third-Party Services and Content, and may be temporarily retained for abuse monitoring, security, service operation, or legal compliance, depending on the provider, endpoint, and feature. If our Data Processing Addendum applies, transfers of Customer Personal Data are governed by the Data Processing Addendum.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. This section explains how you and screenpipe will resolve disputes. Except where prohibited by applicable law, it requires you and screenpipe to resolve most disputes through binding individual arbitration instead of in court before a judge or jury. It also includes a waiver of class-action rights and a waiver of the right to a jury trial. These dispute-resolution terms apply to all claims between you and screenpipe, including claims that arose before or after you accepted any prior version of these Terms.

These Terms evince a transaction involving interstate commerce. The Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), including Section 2, governs the interpretation, enforcement, and all proceedings under this Dispute Resolution Section. The FAA and applicable arbitration-provider rules shall preempt any state law that conflicts with the FAA to the fullest extent permitted by law.

Scope of Arbitration. You and screenpipe agree to resolve all claims through binding individual arbitration, except for (1) intellectual-property (“IP”) Claims and (2) claims that may be brought in small-claims court. IP Claims are claims relating to patents, copyrights, trademarks, trade secrets, or moral rights, and requests for injunctive or equitable relief for alleged unlawful use or infringement of such rights. (IP Claims do not include privacy or publicity claims.) Claims that are not IP Claims but are filed together with IP Claims will be resolved by arbitration. Either party may bring an individual claim in small-claims court, so long as it remains in small-claims court, is not removed or appealed to a court of general jurisdiction, and proceeds only on an individual (non-class, non-representative) basis. Whether a claim falls within a small-claims court’s jurisdictional limits is for that court to decide in the first instance.

Pre-Arbitration Process. Before you or screenpipe may file an arbitration demand or bring a claim in small-claims court, the claiming party must first send the other party a written Pre-Arbitration Notice (“Notice”). Good-faith, informal efforts to resolve claims often produce a faster, lower-cost, and mutually beneficial result. A Notice is “complete” only when it includes all of the following: (1) the claiming party’s full name, mailing address, email address associated with their screenpipe account, country of residence, and (if you are a U.S. resident) state of residence; (2) the name and contact information of the claiming party’s attorney, if the claiming party is represented by counsel; (3) a clear description of the nature and basis of the claim, including the relevant facts giving rise to it; (4) a description of the specific relief sought, including any damages and a detailed calculation of those damages; and (5) a statement personally signed by the claiming party (not solely by their attorney) verifying under penalty of perjury that the contents of the Notice are true and accurate.

The Notice must concern only one party’s claim.

Your Notice to screenpipe must be sent via email to louis@screenpi.pe. screenpipe’s Notice to you will be sent to the email address currently associated with your account.

After the receiving party gets a complete Notice, both parties will work in good faith to resolve the dispute for 60 days from the date the complete Notice is received (“Resolution Period”). The Resolution Period may be extended by written agreement of the parties. During the Resolution Period, either party may request an individualized settlement conference by phone or video. Both parties must personally attend the conference (with counsel for both parties, if represented, invited to attend). A party who cannot attend by video may attend by phone upon a showing of good cause (for example, inability to afford video-capable equipment or insufficient internet access). The parties will cooperate to schedule the conference at the earliest mutually convenient time, which may fall after the 60-day period if the parties agree.

If the dispute is not resolved by the end of the Resolution Period (or any agreed extension), either party may commence arbitration, file in small-claims court, or pursue any other course permitted by these Terms.

Completing the Notice and Resolution Period steps described above is required before commencing any arbitration or small-claims court proceeding. This means that any demand for arbitration (or small-claims petition) must be accompanied by (1) a written certification that the filing party has completed the Notice and Resolution Period steps and (2) the personal signature of the filing party (and their counsel, if represented) on both the demand and the certification.

If there is a question about whether the Notice was sufficient or whether the Resolution Period steps were completed, either party may raise that issue with a court of competent jurisdiction, and any pending arbitration will be stayed. The court has the authority to enforce this required first step, including the power to enjoin the filing, prosecution, or administration of any arbitration filed without completing this process; enjoin the assessment, collection, or invoicing of arbitration fees for any such filing; and award damages for non-compliance.

Unless prohibited by law, the arbitration administrator may not accept, administer, assess, or invoice fees for an arbitration commenced without proof of completion of this process. If an arbitration has already been filed without compliance, it must be administratively closed.

All applicable limitations periods (including any statutes of limitation) and any filing-fee deadlines are tolled from the date a complete Notice is received by the other party until the earlier of (a) the conclusion of the Resolution Period steps (including any agreed extension) or (b) the date the dispute is resolved, withdrawn, or the filing party commences an arbitration or small-claims proceeding after the Resolution Period ends. During any agreed extension of the Resolution Period, tolling continues.

Either party may ask a court for a temporary restraining order or preliminary injunction while the Resolution Period is ongoing, but that party may do so only if waiting would cause them irreparable harm. A court’s authority under this paragraph is strictly limited to granting temporary relief to support the arbitration, small-claims, or other judicial process. The court may not decide the merits (the underlying substance) of the dispute.

Arbitration. Any arbitration will be administered by National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures (and, if applicable, its Supplemental Rules for Mass Arbitration Filings), as modified by these Terms. NAM rules and forms are available at www.namadr.com. If NAM is unavailable or unwilling to administer the arbitration consistent with these Terms, the arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, available at www.adr.org. If neither NAM nor AAA is available, you and screenpipe will either agree on a new arbitration administrator or, if they cannot agree, petition a court of competent jurisdiction to appoint an arbitration administrator that will administer the proceeding consistent with these Terms.

The party starting the arbitration must include all of the following with their demand for arbitration: (1) written certification that the filing party has completed the Pre-Arbitration Process described above, (2) a copy of the Notice previously sent to the other party, (3) a statement that the filing party is bound by these Terms and this Dispute Resolution Section, and (4) personal signatures of the filing party and their counsel (if represented) on both the arbitration demand and the certification. If an arbitration demand does not include all of the above, the arbitration administrator must not accept, administer, or assess fees in connection with that demand, and any such filing will be dismissed without prejudice to refiling after the deficiency is cured.

A court of competent jurisdiction has exclusive authority to decide (1) whether this Dispute Resolution Section is valid, enforceable, or applicable to a particular dispute (gateway issues), (2) whether a dispute can or must be brought in arbitration (arbitrability), (3) whether the Pre-Arbitration Process was satisfied, (4) whether to enjoin the filing, prosecution, or administration of an arbitration or the assessment of arbitration fees, (5) whether claims are “similar” for purposes of triggering the Mass Arbitration procedures below, and (6) any issues specifically reserved for a court elsewhere in these Terms. The arbitrator decides all other issues, including the merits of any properly filed claim, after the Pre-Arbitration Process has been completed. The arbitrator does not have authority to revisit the court’s gateway determinations.

Unless you and screenpipe agree otherwise, or the applicable arbitration rules dictate otherwise, any arbitration hearing involving a claim seeking no more than $15,000 will be held via videoconference with both parties having the option to attend the hearing live. All other hearings will take place in the county or parish of your residence. You and a screenpipe representative must attend any videoconference or in-person arbitration.

At the conclusion of the arbitration, the arbitrator must issue a reasoned written decision that explains the essential findings and conclusions supporting or rejecting any award. The arbitrator’s decision is binding only on the parties to that arbitration and has no precedential effect in any other proceeding involving a different party. An award that has been fully satisfied may not be entered in any court.

By signing and filing an arbitration demand or any submission in the arbitration, each party and their counsel (if represented) certify that, to the best of their knowledge, information, and belief formed after an inquiry reasonable under the circumstances, (1) the filing is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or establishing new law; and (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The arbitrator is authorized to impose any sanctions available under the arbitration rules, applicable federal or state law, or standards analogous to those set forth in Federal Rule of Civil Procedure 11. Sanctions may include an award of the opposing party’s reasonable attorney fees, costs, and expenses and reallocation of arbitration fees. The arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorney fees and costs, consistent with applicable law.

Arbitration Fees. The payment of arbitration fees (the fees imposed by the arbitration administrator including filing, arbitrator, and hearing fees) will be governed by the applicable arbitration rules and applicable law. You and screenpipe agree that arbitration should be cost effective for all parties and that any party may engage with the arbitration administrator to address the reduction or deferral of fees.

Confidentiality. Except as required by law, all non-public, proprietary, or confidential information exchanged in connection with an arbitration—including the existence of the arbitration, submissions, evidence, and any award—must be kept confidential and may be used only for purposes of the arbitration or any proceeding to confirm, enforce, or challenge the award. If disclosure is required by law, the disclosing party will, to the extent allowed, seek confidential treatment (such as filing under seal) and limit disclosure to the minimum necessary. The foregoing confidentiality obligations are subject to the limited exception set forth in the Mass Arbitration section below.

Offer of Settlement. In any arbitration, the defending party may make a written settlement offer at any time before the arbitrator issues a decision. If the party bringing the claim rejects the settlement offer within 7 days after receiving it and does not obtain a more favorable result in the arbitration, the party bringing the claim must pay the defending party’s costs incurred after the offer was received, including arbitration fees, to the extent permitted by applicable law. The fact and terms of the settlement offer may not be disclosed to the arbitrator until after the arbitrator issues a decision.

Individual Claims. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND SCREENPIPE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless both you and screenpipe agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class, collective, consolidated, or representative proceeding.

Notwithstanding the foregoing, and only to the extent required by applicable law, if a claim is asserted that includes a request for public injunctive relief (meaning injunctive relief that is primarily for the benefit of the general public and not solely for the benefit of the individual party), the parties agree that all issues other than the request for public injunctive relief shall be resolved in arbitration first (unless the claim is not subject to arbitration or is properly brought in small-claims court). Following the issuance of any final award on the arbitrable claims, any request for public injunctive relief shall be decided by a court of competent jurisdiction, to the extent required by applicable law. The court shall be bound by the findings of fact and conclusions of law made by the arbitrator to the fullest extent permitted by law.

Similarly, if, after all appeals have been exhausted (or the decision is otherwise final), a court determines that any of the prohibitions on non-individualized relief or class, collective, consolidated, or representative proceedings are unenforceable with respect to a particular claim or request for relief, then (1) that particular claim or request for relief will be severed and may proceed in a court of competent jurisdiction; (2) all other claims that remain subject to arbitration on an individual basis must be arbitrated first, and the court proceedings on the non-arbitrable claim(s) will be stayed pending the completion of that arbitration; (3) any portion of the class/representative waiver that is enforceable will continue to be enforced in arbitration; and (4) the court will be bound by the arbitrator’s findings of fact and conclusions of law to the fullest extent permitted by law.

You agree that any arbitrations between you and screenpipe will be subject to this Dispute Resolution Section and not to any prior arbitration agreement you had with screenpipe, and, notwithstanding any provision in these Terms to the contrary, you agree that this Dispute Resolution Section amends any prior arbitration agreement you had with screenpipe, including with respect to claims that arose before this or any prior arbitration agreement.

Mass Arbitration. If, at any time, 25 or more claimants submit Notices or seek to file demands for arbitration raising similar claims against the other party or related parties by the same or coordinated counsel or entities (“Mass Arbitration”), then you and screenpipe agree that the additional procedures set forth below shall apply. Claims are “similar” if they arise from the same or substantially similar facts, transactions, or legal theories, even if the claimants allege different individual damages. The parties agree that throughout this process, their counsel shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Arbitration proceeding. The parties acknowledge and agree that by electing to participate in a Mass Arbitration proceeding, the adjudication of their claim might be delayed but that reasonable efforts will be made to minimize any delays. Any applicable limitations period (including statutes of limitation) and any filing-fee deadlines shall be tolled beginning when the Notice and Pre-Arbitration Process are initiated, so long as the Notice complies with the requirements in this Dispute Resolution Section, until a claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.

Stage One. Counsel for the parties shall each select 10 claims per side (20 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. The outcomes and rulings of these Stage One arbitrations shall have no precedential or binding effect on any remaining claims. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process.

Stage Two. After the Stage One arbitrations are completed (or sooner if the parties agree in writing), the remaining parties must engage in a single global mediation of all remaining claims, with the mediator’s fee paid by screenpipe. The parties must agree on a mediator within 30 days after the conclusion of the last Stage One arbitration. If the parties cannot agree on a mediator within 30 days, the arbitration administrator will appoint a mediator as an administrative matter. All parties will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed. Notwithstanding the confidentiality obligations set forth above, the outcomes and awards from Stage One arbitrations may be shared with all parties participating in the Mass Arbitration and their counsel for purposes of the Stage Two mediation and any subsequent stage of the Mass Arbitration process described in this section.

Stage Three. If the Stage Two mediation does not resolve all remaining claims, the arbitration requirement in this Dispute Resolution Section will no longer apply to any party with a claim for which a timely and complete Notice was submitted and who completed the Pre-Arbitration Process. Any such party with an unresolved claim may pursue that claim in court, not in arbitration. These parties may bring their claims in court either individually or as part of a joint or consolidated action. However, to the fullest extent permitted by applicable law, any joint or consolidated court action may include only those claimants in Mass Arbitration proceedings who submitted a timely and complete Notice and completed the Pre-Arbitration Process.

A court of competent jurisdiction shall have the authority to enforce these Mass Arbitration provisions and, if necessary, to enjoin the mass arbitration, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these additional procedures apply to a claim, and a court of competent jurisdiction determines that they are not enforceable as to that claim, then that claim shall proceed in a court of competent jurisdiction otherwise consistent with these Terms. You and screenpipe agree that you each value the integrity and efficiency of arbitration and wish to employ the process for the fair resolution of genuine and sincere claims between you and screenpipe. You and screenpipe acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. You and screenpipe further agree that application of these Mass Arbitration proceedings has been reasonably designed to result in an efficient and fair adjudication of such cases.

Opt Out. You may opt out of the arbitration requirements of this Dispute Resolution Section by sending written notice of your decision to opt out to louis@screenpi.pe within 30 days of first agreeing to these Terms. Such notice must include (1) your name, (2) your contact information (including email address, mailing address, and telephone number), and (3) a statement that you wish to opt out of requirements to arbitrate and instead agree to resolve claims in court. If you do not timely send such notice of opting out of arbitration, then you agree to be bound by this Dispute Resolution Section’s arbitration requirements. If you opt out, the opt-out applies only to this Dispute Resolution Section’s arbitration requirements and does not affect any other provision of these Terms (including the class-action waiver and jury-trial waiver, which remain in effect to the fullest extent permitted by law). If you opt out and a dispute is already pending at the time of your opt-out, your opt-out will apply to that pending dispute to the extent permitted by applicable law.

Severability. If any portion of this Section 18 is found to be unenforceable or unlawful for any reason (except as specifically provided above regarding class/representative waiver severability), then (1) the unenforceable provision will be severed from these Terms; (2) severance will not affect the remainder of this Dispute Resolution Section or the parties’ ability to compel arbitration of remaining claims on an individual basis; (3) to the extent any claims must proceed on a class, collective, consolidated, or representative basis, those claims must be litigated in a civil court of competent jurisdiction (not in arbitration), and the parties agree that litigation of those claims will be stayed pending the outcome of any individual claims in arbitration; and (4) if this specific severability paragraph is found unenforceable, the entirety of the arbitration provision (except for the Pre-Arbitration Process) will be null and void.

This Dispute Resolution Section will survive the termination of these Terms and your relationship with screenpipe.

You and screenpipe agree that, to the fullest extent permitted by law, (1) each party may bring claims against the other only in their individual capacity—not as a plaintiff, claimant, or class member in any class, collective, consolidated, private attorney general, or representative proceeding, whether in court or in arbitration; (2) neither party may bring a claim on behalf of a class or group, or on behalf of any other person (unless acting as a parent, guardian, or ward of a minor or someone who cannot bring their own claim); (3) neither party may participate in any class, collective, consolidated, private attorney general, or representative proceeding brought by a third party—except that you and screenpipe may participate in a class-wide settlement; and (4) both parties waive the right to a jury trial.

This class action waiver is intended to be enforceable to the fullest extent permitted by law, regardless of the enforceability of the arbitration provision itself. The jury trial waiver remains in effect even if the arbitration provision is found unenforceable. If this waiver is found unenforceable for a particular claim, that claim shall proceed in court after all arbitrable claims are resolved in arbitration. This Class Action Waiver and Jury Trial Waiver will survive the termination of these Terms and your relationship with screenpipe.

Any dispute arising from these Terms and your use of our Services will be governed by and construed and enforced in accordance with the laws of the State of Delaware, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles, whether of the State of Delaware or any other jurisdiction, that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Delaware and the United States, respectively, sitting in New Castle County, Delaware.

We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. We may also suspend or terminate your access to the Services if you violate these Terms, if your use of the Services creates risk or possible legal exposure for us or others, if we are required to do so by law, if your account is inactive, or if you fail to pay fees when due. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

Our Services may include the ability to download, install, and use our downloadable desktop application or other downloadable software, including any related updates or documentation, collectively, the “Software.” This Section 25 applies to all Software included in the Services.

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-sublicensable and non-transferable license to download, install, and use the Software for your personal purposes or internal business purposes, as applicable, on devices that you own or control, and in accordance with these Terms, the documentation, your applicable plan, and any applicable order form or other written agreement with us. You may not distribute or make the Software available over a network where it could be used by multiple devices at the same time or by third parties except as expressly permitted by your applicable plan or a separate written agreement with us. You may not transfer, redistribute or sublicense the Software and, if you sell your device to a third party, you must remove the Software from the device before doing so. You may not copy, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software or any part thereof, except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-source components included with the Software.

You agree that we may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you, if any, related to the Software. We may use this information to improve and innovate our products and services and to provide them to you and others in accordance with our Privacy Policy.

We may from time to time in our sole discretion develop and provide Software updates, which may include upgrades, bug fixes, patches, other error corrections, and new features, including related documentation (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your device settings, when your device is connected to the internet either: (a) the Software will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You must promptly download and install all Updates. The Software may not properly operate if you fail to do so. All Updates are part of the Software and are subject to these Terms.

These Terms, together with any terms incorporated by reference and any applicable order form or other written agreement between you and us, constitute the entire agreement between you and us relating to your access to and use of our Services. If these Terms conflict with an applicable order form or other written agreement between you and us, that order form or other written agreement will control solely with respect to that conflict. If these Terms conflict with our Data Processing Addendum, the Data Processing Addendum will control solely with respect to our processing of Customer Personal Data, as defined in the Data Processing Addendum. Notwithstanding any other provisions of these Terms, Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, with respect to accrued fees and payment obligations, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 22, 23, 25, and this Section 26 survive any expiration or termination of these Terms, except for the licenses granted to you in Sections 7 and 25. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. These Terms may not be transferred, assigned or delegated by you, by operation of law or otherwise, without our prior written consent, and any attempted transfer, assignment or delegation without such consent will be void and without effect. We may freely transfer, assign or delegate these Terms or our Services, in whole or in part, without your prior written consent.