BEAUTIFULAI INC. (Pearme app)

TERMS OF USE

 

By accessing and using our App, you agree to be bound by these Terms. 

If you do not wish to be bound by these Terms, please do not use our App.

 

1.  INTRODUCTION

 

Welcome and thank you for downloading and accessing our application, Pearme (“App”).

 

The Parties to these Terms. These Terms constitute a binding legal agreement by and between Beautifulai Inc. (“Company”, “we”, “us”, “our”) and you, an individual (“User”, “you,” “your”) (Company and User are referred to individually as a “Party”, and collectively Company and User as the “Parties”). 

 

Applicable Terms for Access and Use of our App. Access and use of our App is governed by and subject to these terms of use (“Terms of Use”), the Privacy Policy, and any supplemental terms and conditions that may be posted, from time to time, on our App, and are expressly incorporated herein by reference  (together, the “Terms”). 

 

Our “Privacy Policy” describes the ways that your User Content is collected, processed, shared, stored, and protected on our App, and is incorporated herein by reference.

 

The App will be provided solely from within the continental United States, and on computing and storage devices residing within the United States.

 

These Terms do not apply to any third party websites, services, or applications (“Third Party Services”) that you may access through our App. Please see section 9 (Third Party Content and Third Party Services) for further details. 

 

Identifying Important Clauses. **** The provisions of these Terms which are surrounded by asterisks are to let you know that these terms are important. ****

 

Disputes between You and Us. **** These Terms require that any disputes between you and us will be resolved by binding, individual arbitration, and that you waive your right to a trial by jury or class action lawsuit. Please see section 20 (Class Action Waiver) and section 21 (Dispute Resolution) for further details. ****

 

2.  DEFINITIONS

 

Use of Defined Terms. Defined terms are as specified throughout these Terms and are identified in quotes. Those terms used in multiple sections are specified in Appendix A, for easy reference. The singular meaning of a defined term will have the same meaning as the plural meaning and vice versa. When section is used, it is referring to a section of this Terms of Use.

 

Definition for Content. Any information, materials, graphics, links, images, photos, pictures, information or data, in whatever arrangement or form, that we make available to you through our App is referred to as “Content”. 

 

Definition of User Content. Any User Input, and Data, in any form or arrangement which you may upload, or otherwise provide to our App and/or your Account, is collectively referred to as “User Content”, and is governed by the terms under section 6 (Rights You Grant Us).

 

Definition of User Input. Any information, details, facts, texts, photos, pictures, materials, video, links, images is collectively “User Input”.

 

Definition of Personal Data, Analytical Data, and Data. Through your use of our App, you give us, including, but not limited to, our third party providers, the right to receive, collect, use, host, and store, the following information pertaining to you: (a) personal data (as an example: name, contact information, username and password login and payment information) (“Personal Data”) and (b) location, log-file, analytics data, and other information volunteered by you or collected automatically through your use of our App and/or your Account (“Analytical Data”) (collectively Personal Data and Analytical Data, the “Data”). 

 

3.  ELIGIBILITY AND INTERNET ACCESS

 

Your Eligibility to Access and Use our App. You are only eligible to access and use our App, if you are of legal age of majority in the country, state, region, or province where you reside. 

 

By accessing and using our App, you also agree that:

1. you can form a binding contract with us, and other parties;

2. that you have the right, authority, and capacity to agree to and abide by the Terms; and

3. you will comply with the Terms and 

4. you will comply with all applicable (i) United States local, state, federal laws, and regulations, and (ii) international laws, rules, and regulations associated with your access and use of our App.

 

Your Violation of the Eligibility Requirements. If you don’t agree with the above, then we ask that you not access or use our App. If it comes to our attention that you are violating our eligibility requirements, we will take appropriate measures to enforce our requirements, including, but not limited to, terminating your access and use of our App and your Account.

 

Internet Access. You are responsible for (a) maintaining internet access for the devices that you use to access and use our App; and (b) any internet connection and telecommunications fees and charges that you incur when using such devices to access and use our App.

 

4.  YOUR ACCOUNT AND YOUR OBLIGATIONS
 

Creating Your Account. When you want to access and use certain features of our App, you will be required to create an account (“Account”) and provide certain information about yourself as prompted by the account registration form which includes providing a unique sign-in name (“Username”) and password (“Password”). 

 

You are solely responsible for maintaining the confidentiality of your Account information, including your Username and Password. Further, you are responsible for all activity occurring on your Account.

 

Do not allow anyone else to use your Account. Do not register for more than one Account, register an Account on behalf of someone else, or transfer your Account to another person or entity.  

 

Your Responsibilities when Creating Your Account. You will need to provide accurate and current registration information, including but not limited to, personal information about yourself. We will collect, use, and store your registration information as specified in our Privacy Policy. By creating an Account, you acknowledge and agree that: (a) all required registration information you submit is truthful, accurate, current, and complete; and (b) you will maintain the accuracy, truthfulness, and completeness of such information. You agree to promptly notify us by email, at the email address specified in section 27 (Contact Us), of any unauthorized use, suspected unauthorized use of your Account, any other breach of security, or if we need to deactivate your Username or Password. You may terminate your Account with us at any time, for any reason, by following the instructions on our App. 

 

**** To the maximum extent allowed by applicable law, we are not and will not be responsible for any loss or activity that results from the unauthorized use of your Account. ****

 

Your Obligations regarding Your User Content. You are responsible for the User Content that is posted, uploaded, or stored to our App and/or your Account by you or by another person that uses your Account, with or without your permission. 

 

When you post, upload, and/or store User Content to our App, you acknowledge and agree that (a) you own that User Content, or you have received all necessary licenses, rights, consents, releases, permissions, clearances, as applicable, from, or are authorized by, the owner of any part of your User Content; and (b) your User Content is not false, inaccurate, or misleading. You are responsible and liable if any of your User Content violates or infringes or misappropriates the intellectual property or privacy rights of any third party, and (c) you will not incorporate in your User Content any malicious content (including but not limited to, code, files, scripts, agents, or programs), such as worm, virus, trojan horse, backdoor, malware, time bomb, drop dead device, or similar harmful content that are intended to interfere with, restrict, impede, disable, erase, or do harm to our App (“Viruses”). 

 

Your Obligations regarding Output. You are solely responsible for all use of the Outputs and evaluating the Outputs for accuracy, appropriateness, and suitability for your use case and preferences.

 

5.  RIGHTS WE GRANT YOU
 

Your Right to Access and Use our App. We grant you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable, non-assignable, worldwide right to access and use our App (the “Your Right to Use”), but only for your personal use. 

 

Your Use as Permitted by these Terms. Your Right to Use is for the sole purpose of letting you use and enjoy our App as permitted by these Terms. 

 

Your Right to Use will remain in effect until and unless our App is terminated by you or us. Your Right to Use will apply to our App as modified, supplemented, updated, and otherwise altered. 

 

All rights not expressly granted to you are expressly reserved by us.

 

6.  RIGHTS YOU GRANT US, AGGREGATED STATISTICS, AND FEEDBACK
 

Our License from You. By using our App, you grant us, directly and indirectly, a non-exclusive, transferable, royalty-free, worldwide right and license to use, collect, host, store, copy, reproduce, aggregate, distribute, display, perform, disclose, publish,  perform, display, and transmit your User Content for us to provide you with access to and use of our App and as required by law (the “License”). 

 

Our Additional Licenses from You. You agree that this License includes the right for us, directly or indirectly: 

1. to store your User Content for as long as you have an Account with us or as long we are required by law, pursuant to the terms of our Privacy Policy;

2. to make User Content submitted to or through our App available to other companies, organizations, or individuals, in compliance with these Terms; 

3. to comply with requests that are legal in nature (e.g., subpoenas, court orders, legal process, law enforcement requests, legal claims, or government inquiries, and to protect and defend the rights, interests, safety, and security of our App, our affiliates, users, or the public);

4. to respond to requests from third party service and business providers (e.g., payment applications and other services); and 

5. in connection with a sale, merger, acquisition, or other business transfer.

 

Further, you also agree that this License includes the right for us, directly or indirectly: (a) to allow our App to use the processor, bandwidth, and storage hardware on your device in order to facilitate the operation of our App; (b) to provide advertising and other information to you unless you opt-out; and (c) to allow our business partners to do the same unless you opt-out. Any part of our App may be influenced by commercial considerations, including our agreements with third parties. Some Content licensed by, provided to, created by, or otherwise made available by us, may contain advertising as part of the content. 

 

You agree and authorize that we may send notifications to your Account when there is an alert addressed for you.

 

Our Right to Collect Aggregated Statistics. You agree that we, directly or indirectly, may monitor your use of our App and collect and compile anonymized data, information statistics, performance information, and other content (“Aggregated Statistics”). We, directly or indirectly, will use the Aggregated Statistics to make improvements, changes, enhancements, and updates to our App; provided, that, such Aggregated Statistics does not identify your User Content, without your prior written consent.

 

Our Right to Train our App. You recognize and agree that User Input, Analytical Data, and Prompts that you enter into our App are non-confidential and may be used to train, re-train, validate, test, fine-tune, or improve the App for the benefit of Company and our other users.

 

Your Feedback to Us. As part of our commitment to providing you with the best service, we welcome comments, reviews, suggestions, and ideas about our App, regardless of the method of communication (collectively, “Feedback”).

By using our App, you grant us, directly and indirectly, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use, host, store, copy, aggregate, produce, license, sublicense, distribute, disclose, transmit, publish, publicly display, publicly perform, modify, create derivative works of, translate, reformat, and incorporate your Feedback into our products, services, documentation, and/or marketing materials. We, directly or indirectly, will (a) have no obligation to (i) report on any uses of your Feedback; (ii) keep your Feedback secret or be required to restrict publishing or disclosure of your Feedback; or (iii) compensate or credit you in any way regarding your Feedback. Further, we will be entitled to profit from, disclose, publish, or otherwise exploit your Feedback in any way that we deem appropriate.

 

7.  PROHIBITED USES OF OUR APP
 

Your Compliance with these Terms. You may use our App only for lawful purposes and in compliance with these Terms. We reserve the right, in our sole discretion, to determine whether you have violated these Terms. 

 

Your Restrictions when Accessing and Using our App. You agree not to, nor permit, authorize, or allow any third party to use our App in any one or more of the following ways: 

1. for any illegal or fraudulent activity;

2. for unlawful or harmful purposes;

3. to include any content, data, and/or information that is defamatory, disparaging, mocking, ridiculing, libelous, slanderous, or otherwise similarly objectionable as determined by us, in our sole discretion;

4. to include any content, data, and/or information that is deceptive or infringes the rights of another party;

5. to include any content, data, and/or information that is lewd, lascivious, filthy, obscene, pornographic, vulgar, indecent (including nudity), excessively profane, or otherwise similarly objectionable as determined by us, in our sole discretion (“Inappropriate Information”);

6. harassing, hateful, violent, including attacking others based upon their race, ethnicity, national origin, religion, political belief, sex, gender, sexual orientation, disability, or medical condition, or is otherwise exploitive or abusive (“Abusive Information”);

7. copy, duplicate, or publish the features, functions, or user interfaces of our App, in whole or in part; 

8. rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available our App, in whole or in part;

9. modify, reverse engineer, disassemble, decompile, decode, adapt, hack, attempt to hack, or otherwise attempt to derive or gain access to any software component, underlying idea or algorithm of our App, in whole or in part; 

10. decipher any transmissions to or from the server(s) running our App;

11. interfere with or disrupt the integrity or performance of our App;

12. to violate the security, integrity, or availability of any user, network, computer or communications system, software application, or network or computing device or our App;

13. attempt to bypass or break any security mechanism of our App, or using our App in any other manner that possesses a material security or service risk to us or any of our users;

14. use web scraping, web harvesting, or data extraction methods to extract data from the App.

15. attempt to gain unauthorized access to our App or its related systems and networks;

16. permit access to or use of our App in a way that circumvents any contractual usage limits; 

17. engage in unauthorized framing or linking to our App;

18. use our App, in whole or in part, as part of any effort to compete with us or otherwise use our App, in whole or in part, and/or Content, in whole or in part, for any revenue-generating endeavor or commercial enterprise;

19. to interfere with or in any way disrupt our App, tamper with, breach, or attempt to probe, scan, or test for vulnerabilities of the Company’s computer systems, network, usage rules, or any of our security components, authentication measures or any other protection measures applicable to the Platform or any part thereof;            

20. launching or facilitating, whether intentional or unintentional, a denial of service attack (including any actions, which effectively cause a similar result) on the Platform, or any other conduct that materially and adversely impacts the availability, reliability, or stability of our App;

21. to use any bots, scripts, robots, spiders, offline readers, automated scripts, or other automatic systems or devices, process or means to access the App for any purpose, including monitoring or copying any of the material (including data mining, data harvesting, data extraction, scraping) on our App;

22. to permit access to or use of our App  in any way that is intended to avoid incurring fees;

23. alter, deface, remove, disable, or suppress the display of any copyright, trademark, trade name, logo, or trade dress included as part of our App, our Content, and/or Third Party Content.  

 

Termination of Your Right to Access and Use our App for Violations. We reserve the right, at any time, without notice, to terminate or suspend your access to and use of our App, at our sole discretion, for your violation of these Terms, as specified in section 15 (Term and Termination; Suspension).
 

8.  FREEMIUM SERVICES, PAID SERVICES AND PAYMENT
 

Your Available Options for Access and Use of our App. You can find a description of our App options on our App. Certain features may be made available to you at no charge (“Freemium Services”). However, other features may require payment before you can access them (the “Paid Services”). The fees for Paid Services do not include any taxes, which you are responsible for paying.

 

Special Promotions that We may Offer. We may also offer special promotions, or other services, including offerings of third-party products and services in conjunction with or through our App. We are not responsible for the products and services provided by such third parties. At any time, we reserve the right to modify, terminate, or otherwise amend our promotional offerings at any time in accordance with these Terms.

 

Our Right to Change the Fees for Paid Services. At any time, we reserve the right to change the fees for the Paid Services. Changes to the fees for Paid Services will not affect any payments made prior to the effective date of the changes to the fees for the Paid Services. Your continued use of your Paid Services after the date any changes to the fees for the Paid Services becomes effective, will constitute your acceptance of such fee changes, unless you cancel your Paid Services prior to the automatic renewal. 

 

If we make any material changes to the fees for the Paid Services, we will provide you with notice by displaying a prominent notice on our App or sending you an email. Please make sure that you read any such notice carefully. Having received notice of any changes to the fees for the Paid Services, if you continue to access and use our App, then you agree with the changes to the fees for the Paid Services. If you do not wish to continue accessing and using our App certain features and functions associated with Paid Services because of the change in the fees for the Paid Services, you can terminate your access and use of certain features and functions of our App, see section 15 (Term and Termination; Suspension) for details. 

 

Payment. Payment for access and use of our App will be made through the App Store. The terms and conditions of the App Store will apply with regard to such payment. You are responsible for reviewing the applicable terms and policies, including privacy and data gathering practices, of the App Store. 

 

If you cancel your Paid Services, you may not be able to re-subscribe for the same features and rates as the previous Paid Services that you subscribed to. Note that certain features and rates for Paid Services may be discontinued in the future.

 

9.  THIRD PARTY CONTENT AND THIRD PARTY SERVICES
 

Your Access to Third Party Content and Third Party Services. From other third parties (“Third Parties”), we may provide access, links, embedded content, or other methods of interacting with third-party web pages, social media platforms, mobile apps, content, applications, products, and services, including advertisements and promotions (collectively, “Third Party Content”) on our App, as a service to those interested in this information. We provide access to Third Party Content for your convenience only. 

 

We do not Endorse Third Party Content. By the inclusion of Third Party Content, we do not imply any endorsement of the Third Party or their Third Party Content or any association with the operators of the Third Party or their Third Party Content, except as specifically stated in our App. We do not update, review, investigate, verify, or monitor the Third Party Content; provided, however, we may have, at one time, reviewed, investigated, verified, or monitored specific Third Parties (“Preferred Third Parties”). 

 

Your Access to Third Party Content is at Your Own Risk. If you access Third Party Content, you do so at your own risk. Third Party Content is not under our control and we do not take responsibility for any information or materials of Third Party Content, its accuracy or completeness, the availability of the Third Party Content, or any form of transmission received from any Third Party. Further, we do not and will not assume liability for any losses or damages associated with any Third Party Content posted, uploaded, and/or stored on our App, whether or not we endorsed, at one time, the Preferred Third Parties and/or the Third Party Content. 

 

Third Party Terms are Applicable for Third Party Services. When you visit other websites and apps via Third Party Content (“Third Party Services”), or participate in promotions or business dealings with Third Parties, you should understand that these Terms will no longer be applicable. The terms and policies (including, but not limited to use policies and privacy policies) of those Third Party Services will now apply. You are responsible for reviewing the applicable terms and policies, including privacy and data gathering practices, of any Third Party Services that you visit from our App. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to provide to any Third Party Websites, and you irrevocably waive any claim against us with respect to such Third Party Websites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any Third Party Websites.

 

10.  APP STORES

 

Your Use of Third Party App Stores. You acknowledge and agree that the availability of the App is dependent on a third party (e.g. the Apple App Store or Google Play) (“App Store”) from whom you received the App (“Sourced App”). You acknowledge that these Terms are between you and us, and not with the App Store. 

 

In order to use the Sourced App, you must have a mobile device that is compatible with the App and access to a wireless network, and you agree to pay all fees associated with such access to the wireless network.

 

Your license to use the Sourced App is conditioned upon your compliance with all applicable App Store terms and conditions. You acknowledge and understand that the App Store is an intended third-party beneficiary of these Terms, and will have the right to enforce these Terms, but only with respect to your right to use the Sourced App.

 

We are Responsible for Maintenance and Support and Warranties. We, not the App Store, are responsible for the Sourced App, the Content therein, maintenance, support services, warranties, and addressing any related claims (e.g. product liability, legal compliance, or intellectual property infringement).

 

11.  OWNERSHIP
 

Our Rights in Our Content. The App, along with all Content and other materials therein, including, without limitation, our logos, trademarks, service marks and all designs, text, graphics, pictures, information, data, software, manuals, guides, documentation, sound files, other files, and the selection and arrangement, including any copies, are the property of Company and/or our suppliers (as applicable), and are protected by U.S. and international patent law, copyright law, trade secret law, trademark law, and all other proprietary rights.

 

Your Rights in Your User Content. Subject to the terms of these Terms, you retain all rights which may exist in your User Content.

 

Outputs. Outputs from your Prompts, User Input, and Analytical Data may not be unique and other users may receive similar content from the App. Responses generated for User are not considered User’s Output.
 

12.  REPRESENTATIONS AND WARRANTIES;  AND DISCLAIMERS
 

Your and Our Mutual Representations and Warranties. **** Each Party represents and warrants that: (a) they have the power and authority to enter into and perform their obligations under the terms and conditions of these Terms; (b) the execution, delivery, and performance of their obligations under the terms and conditions of the Terms by such Party will not (i) result in a violation of any law, judgment, or order applicable to such Party, or (ii) conflict with or breach any contract or other obligation to which such Party is bound; and (c) they will comply with all applicable (i) United States local, state, and federal laws and regulations, and (ii) international laws, rules and regulations associated with your access and use of the App. ****

 

Your Representations and Warranties. **** You represent and warrant that you are of legal age of majority in your country, state, region or province of origin. ****

 

**** You represent and warrant that you are not and will not be (a) located or reside in a country that is subject to an embargo by the United States government, (b) located or reside in a country that has been designated as a terrorist supporting country by the United States government; (c) on any prohibited or restricted parties list by the United States government. ****

 

**** You represent and warrant that (a) you own or have received the rights to post, upload, and/or store your User Content on our App; (b) your User Content does not and will not violate any laws or regulations; (c) your User Content does not and will not infringe or misappropriate the intellectual property rights of another party; and (d) you have not and will not post, upload, and/or store any User Content to our App which incorporates Viruses. ****

 

Our Disclaimers. **** We disclaim any warranty of any kind, whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, course of performance or dealing, usage of trade, or non-infringement or misappropriation of third party rights. The App, including any materials, information, software, facilities, services, Content, features, manuals, guides, documentation, and other materials and elements of our App, is provided on an AS-IS and on an AS-AVAILABLE basis. Your use of our App is at your own risk. ****

 

**** While our App have been compiled in good faith, we make no warranty or representation and disclaim all responsibility and liability for: 

1. the completeness, accuracy, availability, timeliness, security, or reliability of our App; 

2. any harm to your devices, loss of data or materials, or other harm that results from your access to or use of our App; 

3. the deletion of, or the failure to store or transmit, any content and other communications maintained by our App; 

4. any files or other data you download will be free of Viruses, or contaminated, or have destructive features; 

5. whether our App will meet your requirements, provide specific results, or be available on an uninterrupted, secure, or error-free basis; 

6. any defects or errors in our App will be corrected; and 

7. your inability to access or use our App. Further, we make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of any third party products made available through the use of our App. ****

 

**** This section applies to the fullest extent permitted by applicable law. This section does not affect your statutory rights as a consumer. ****

 

13.  INDEMNIFICATION

 

Your Indemnification of Us. **** You agree to indemnify us and hold us harmless from or against any and all third party claims, actions, and demands, in each case including any related liabilities, losses, damages, judgements, settlements, costs, and expenses (including reasonable attorneys’ fees)(any or all of the foregoing referred to as “Third Party Claims”) that are awarded against us, or agreed in settlement by you insofar as such Third Party Claims were related to or arise from one or more of the following: (a) your use of our App in violation of these Terms or in a manner not authorized by these Terms; (b) your use of our App in combination with any data, software, hardware, equipment, or technology not provided by us; (c) your violation of applicable laws or regulations; (d) User Content infringes or misappropriates the intellectual property rights of a third party; (e) breach of your representations and warranties as specified in these Terms; (f) you engage in any unfair or deceptive acts or practices; (g) your gross negligent or willful acts or omissions; (h) your violation of applicable laws and regulations, including privacy laws. ****  

 

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

 

14.  LIMITATION OF LIABILITY

 

We are not Liable for any Indirect Damages. **** To the extent permitted by law, in no event will we be liable for (a) any damages, including, but not limited to, indirect, incidental, special, consequential, exemplary, or punitive damages, arising out of or in connection with your use of our App or any information or Content contained as part of our App or any Third Party Content, (b) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use of or inability to access and/or use our App, whether an action alleging such damages is brought in contract, negligence, tort, or otherwise, and even if we have been advised of the possibility of such losses or damages or such losses or damages were otherwise foreseeable. ****

 

Our Direct Damages are Capped. **** In no event will our total liability under any and all causes of action on a cumulative basis exceed the lesser of (a) the fees that you have paid or (b) one thousand dollars ($1,000.00 USD). ****

 

We have no Liability for Certain Activities. **** In no event will we be liable for any damages, losses (including data and profits), and/or liabilities under any cause of action arising out of, resulting from, caused by, and/or related to any one or more of the following:

1. the content of any User Content that you upload, import, post, and/or include on our App;

2. any loss or corruption of User Content;

3. your actions or inactions resulting from the suspension or termination of your access or use of our App; 

4. your actions or inactions resulting from the deletion of your User Content upon termination of your access or use of our App; 

5. your inability to access and use the App during any downtimes or discontinuation of our App by us; 

6. any Inappropriate Information or Abusive Information that you may encounter when accessing and using the App;

7. any loss or corruption of User Content; 

8. any modifications, price changes or discontinuation of our App made by us. ****

 

Your Rights regarding our Liabilities. **** The exclusions and limitations above are fundamental elements of the basis for the bargain between us and you. ****

 

15.  TERM AND TERMINATION; SUSPENSION

 

Your Rights to Terminate Your Access and Use of our App. These Terms commence and are binding on the first date you access or use our App. At any time, for any reason, you may terminate your access to and use of our App by accessing the settings in your Account. 

 

Our Rights to Suspend or Terminate Your Access and Use of our App. We may suspend or terminate your Account, or cease providing you with access and use of our App, at any time, for any or no reason, including, but not limited to, if we reasonably believe: (a) you have violated these Terms in any manner, including but not limited to, using our App in a manner not authorized by these Terms; (b) due to your unlawful conduct; (c) you create risk or possible legal exposure to us or our customers; or (d) our provision of our App to you is no longer commercially viable. If you do not make payment of the fees for the Paid Services, we may terminate certain features and functions that you have access to and use of in our App associated with such Paid Services. These Terms will continue to apply to you until terminated by either you or us. 

 

To the fullest extent permitted under applicable law, if we or you terminate your access to and use of our App and your Account, you agree that we will have no liability or responsibility to you or any third party. 

 

Surviving Provisions. After your access to and use of our App and your Account are terminated, these Terms of Use will terminate, except that the following provisions will continue to apply to us and you: section 6 (Rights You Grant Us, Our Right to Collect Aggregated Statistics); section 6 (Rights You Grant Us, Your Feedback to Us); section 8 (Freemium Services, Paid Services and Payment, Payment); section 11 (Ownership); section 12 (Representations and Warranties; and Disclaimers); section 13 (Indemnification); section 14 (Limitation of Liability); section 15 (Term, Termination, and Suspension; Surviving Provisions); section 16 (Non-Disparagement); section 19 (Governing Law); section 20 (Class Action Waiver); section 21 (Dispute Resolution); section 22 (Integration); section 23 (Severability); and any other provisions that by their nature will survive termination of these Terms of Use.

 

16.  NON-DISPARAGEMENT

 

You agree not to Disparage Us. At any time, you agree that you will not engage, directly or indirectly, in any form of conduct, make any statements, or representations, either oral or written, in any form (including, without limitation, via social media, press releases, websites, and other means), that defames, disparages, impugns, criticizes, sullies, maligns, compromises, denigrates, or otherwise impairs the reputation, integrity, goodwill, brand, and/or interest (including, without limitation, the repetition or distribution of derogatory rumors, allegations, misleading, negative, and/or false statements and/or comments) of us, our business, and/or our products/services.

 

Truthful Statements. Nothing in this section however will prevent you from providing truthful testimony or information: (a) in any processing or in response to any request from any governmental agency, judicial, or arbitral; or (b) as otherwise required by law.

 

17.   CHANGES TO THE APP

 

Our Right to Change the Content of our App. We reserve the right to change, modify, or remove any of the Contents of our App, at any time or for any reason, at our sole discretion, without notice. Further, we have no obligation to update any information or Content on our App. 

 

Our Right to Change the Features and Functionality of our App. We reserve the right to add, change, modify, or discontinue any features or functionality of our App, at any time, at our sole discretion, without notice.

 

18.   CHANGES TO THIS TERMS OF USE

 

Our Right to Change this Terms of Use. Occasionally, we may make changes to this Terms of Use. If we make material changes to these Terms of Use, we will provide you with notice by displaying a prominent notice on our App or by sending you an email. Please make sure you read any such notice carefully. Having received notice of any changes to the Terms of Use, if you continue to use our App, then you agree to the updated Terms of Use. Neither the course of conduct between the Parties nor trade usage will act to modify or alter the provisions of these Terms of Use.

 

If you do not wish to continue using our App under the updated Terms of Use, you can terminate your access and use of our App, pursuant to section 15 (Term and Termination; Suspension).

 

19.  GOVERNING LAW

 

The Law and Rules that are Applicable to these Terms. These Terms and any dispute or claim arising out of, resulting from, caused by and/or related to, its subject matter, or its formation (including non-contractual disputes or claims) will be governed by and construed in accordance with the laws of the state which has venue and jurisdiction, without reference to its conflicts of laws and choice of law rules or principles. The Parties irrevocably agree that the Ocean County, New Jersey, will have exclusive venue and jurisdiction to adjudicate and settle any dispute or claim arising out of, resulting from, caused by, and/or related to these Terms, its subject matter, or its formation (including non-contractual disputes or claims). The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from application to these Terms.

 

20.  CLASS ACTION WAIVER
 

You may Bring Claims only as an Individual. **** You agree that you may bring claims against us only in your individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, representative, multiple plaintiff, or similar proceeding. ****

 

Any Arbitration will be between You and Us. **** You agree that any arbitration will be limited to the dispute between you individually and us. To the fullest extent permitted by law: (a) no arbitration will be joined with any other party; (b) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons or party. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. *****

21.  DISPUTE RESOLUTION

 

Resolving any Disputes between You and Us Informally. We are confident our customer service department can resolve most concerns quickly and to your satisfaction. Please contact our support team by email at support@pearme.ai.

 

Resolving any Disputes between You and Use via Arbitration. **** After an informal dispute resolution process, if the Parties agree that any remaining dispute, claim, or controversy between the Parties arising out of, resulting from, in connection with, or relating in any way to the terms and conditions of the Terms or to your relationship with us as a user of our App (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the terms and conditions of the Terms) will be determined by mandatory, binding, individual arbitration administered by American Arbitration Association (“AAA”), conducted in the English language, without appeal or review except as permitted by law (for purposes of clarification, no class action arbitration is permitted under the terms and conditions of the Terms). Arbitration will take place in Ocean County, New Jersey or a city located near Ocean County, New Jersey. These Terms and substantive rights of the Parties will be governed by the laws of the State of New Jersey, without reference to its conflict of laws or choice of law rules or principles.****

 

Injunctive Relief. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the Party’s individual claim.

 

Written Notice of Dispute. A Party who intends to seek arbitration must first send a written notice of the dispute to the other Party, by electronic mail (“Dispute Notice(s)”). Our email address for Dispute Notices is: support@pearme.ai. The Dispute Notice must (a) describe the nature and basis of the claim or dispute; and (b) specify the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the dispute directly, but if we do not reach an agreement to do so within thirty days (30) after the Dispute Notice is received, either Party may start an arbitration proceeding. Any arbitration between the Parties will take place under the Consumer Arbitration Rules of the American Arbitration Association, then in force (the “AAA Rules”). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879. We can also help put you in touch with the AAA. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules.

 

Arbitration. During the arbitration, the amount of any settlement offer made by either Party may not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event the dispute between the Parties is finally resolved through arbitration in your favor, and the arbitrator issues you an award that is greater than the value of our last written settlement offer, then we will instead pay you either the amount of the award or one thousand dollars ($1,000.00 USD), whichever is lesser. Any award by the arbitrator will be in accordance with the provisions of section 14 (Limitation of Liability). All documents and information disclosed in the course of the arbitration will be kept strictly confidential by the recipient. All documents and information disclosed will also not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award, and will not be disclosed except in confidence to persons who have a need to know for such purposes, or as required by applicable law.

 

Right for You or Us to Resolve any Dispute in Other Ways. Regardless of the terms in the above paragraphs, the Parties both agree that nothing in these arbitration clauses will waive, preclude, or otherwise limit either Party’s rights, at any time, to bring an individual: (a) action in a U.S. small claims court; (b) claims for (i) defamation; (ii) violation of the Computer Fraud and Abuse Act, (iii) infringement or misappropriation of your or our intellectual property, or (iv) access to our App that is unauthorized or exceeds authorizations granted in these Terms; or (c) action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this arbitration clause doesn’t stop either Party from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).

 

22.  INTEGRATION

 

These Terms contain the full understanding of the Parties with respect to the specific subject matter and supersedes and cancels all other previous agreements, negotiations, commitments, discussions, and warranties, whether oral or in writing, with respect to such subject matter. The Parties have not relied on any statement, representation, warranty, or agreement of the other Party or of any other person on such Party’s behalf, including any representations, warranties, or agreements arising from statute or otherwise in law, except for the representations, warranties, or agreements expressly contained in these Terms. Nothing in this section purports to limit or exclude any liability for fraud. 

 

23.  SEVERABILITY

 

If any provision of these Terms of Use is declared void or unenforceable by a court of competent jurisdiction, such provision will be deemed severed from the Terms of Use, and the remainder of the Terms of Use will otherwise remain in full force and effect as permitted by applicable law.

 

24.  FORCE MAJEURE

 

Force Majeure Event. We will not have any liability to you by reason of any delay or failure to perform any obligation hereunder if the delay or failure to perform is occasioned by any act, event, non-happening, omission, or accident beyond our reasonable control and includes, but is not limited to, any one or more of the following: (a) acts of God; (b) flood, fire, earthquake, tornado, hurricane, tsunami, other potential disasters, catastrophes, or explosions; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, insurrection, or other civil unrest; (d) government order, law, or actions; (e) national or regional emergency; (f) strikes, labor stoppages or slowdowns, lockouts, labor disturbances or other industrial disturbances; (g) telecommunication breakdowns, power outages or shortages and (h) pandemics, epidemics and any associated quarantine or shelter-in-place orders or similar orders (“Force Majeure Event”). 

 

Your Right due to a Force Majeure Event. You agree that your sole and exclusive remedy where our delay or failure to perform is due to a Force Majeure Event(s) is to terminate your access and use of our App and your Account, specified in section 15 (Term and Termination; Suspension).

 

25.  ELECTRONIC COMMUNICATIONS

 

Accessing and using our App, sending us emails, and completing any online forms constitutes electronic communications. By accessing and using our App, you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and via our App satisfy any legal requirement that such communication be in writing. 

 

26.   UPDATES AND CUSTOMER SUPPORT

 

Updates. At various times, we may choose to make available updates or other changes or enhancements to our App (collectively, “Service Updates”). Service Updates may be:

• Automatic, such as in connection with general website changes and additional features or updates to data required by our App;

• At your election, in which instance you will receive information and instructions for how to authorize optional Service Updates; and

• Mandatory, in which case you will be required to consent to the Service Update or install or upgrade a third-party plug-in if you wish to maintain access to our App.

 

Please note that our App may be unavailable during a Service Update.

 

Customer Support. For general customer support, or assistance with Account or payment related questions (“Customer Support Queries”), please email us at support@pearme.ai. We will use reasonable efforts to respond to all Customer Support Queries within a reasonable time frame but we make no promises that any Customer Support Queries will be responded to within any particular time frame, and/or that we will be able to answer any such queries.

 

27.  CONTACT US

 

We welcome comments, questions, concerns, or suggestions. Please contact us  via (a) email at support@pearme.ai or (b) our Website at https://www.pearme.ai.

 

These Terms of Use were last updated: March 3, 2026.

 

APPENDIX A - DEFINED TERMS

 

1. “Abusive Information” will have the meaning in section 7 (Prohibited Uses of Our App, Your Restriction when Accessing and Using our App).

 

1. “Account” will have the meaning in section 4 (Your Account and Your Obligations, Creating Your Account).

 

1. “Analytical Data” will have the meaning in section 2 (Definitions, Definition of Personal Data, Analytical Data and Data).

 

1. “App” means our software application, available on the Apple App Store and Google Play, entitled Pearme.

 

1. “App Store” will have the meaning in section 10 (App Stores, Your Use of Third Party App Stores).

 

1. “Content” will have the meaning in section 2 (Definitions, Definition of Content).

 

1. “Data” means Personal Data and Analytical Data.

 

1. “Inappropriate Information” will have the meaning in section 7 (Prohibited Uses of Our App, Your Restriction when Accessing and Using our App).

 

1. “Personal Data” will have the meaning in section 2 (Definitions, Definition of Personal Data, Analytical Data, and Data).

 

1. “User Content” will have the meaning in section 2 (Definitions, Definition of User Content).

 

1. “Outputs” means any output resulting from the input of information, details, facts, texts, photos, pictures, materials, video, links, images from users of the App.

 

1. “User Content” will have the meaning in section 2 (Definitions, Definition of User Content).

 

1. “User Input” will have the meaning in section 2 (Definitions, Definition of User Input).

 

1. “Viruses” will have the meaning in Section 4 (Your Account and Your Obligations, Your Obligations regarding Your User Content).

 

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