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### Terms and Conditions
Effective: June 28, 2024
Thank you for using allStara!
### Terms of Use
These Terms of Use apply to your use of allStara’s other services
for individuals, along with any associated software applications and websites (all
together, “Services”). These Terms form an agreement between you and 10420 Ventures, LLC,
a Washington company, and they include our Service Terms and important provisions for
resolving disputes through arbitration. By using our Services, you agree to these Terms.
If you reside in the European Economic Area, Switzerland, or the UK, your use of the
Services is governed by these terms.
Our Business Terms govern use of allStara, our APIs, and our other services
for businesses and developers.
### Who We Are
Our mission is to help you summarize, edit, and enhance your favorite
content. For more information about allStara, please visit our website.
### Registration and Access
**Minimum Age.
You must be at least 13 years old or the minimum age required in your
country to consent to use the Services. If you are under 18 you must have your parent
or legal guardian’s permission to use the Services.
**Registration.
You must provide accurate and complete information to register for
an account to use our Services. You may not share your account credentials or make your
account available to anyone else and are responsible for all activities that occur under
your account. If you create an account or use the Services on behalf of another person
or entity, you must have the authority to accept these Terms on their behalf.
### Using Our Services
**What You Can Do
Subject to your compliance with these Terms, you may access and use
our Services. In using our Services, you must comply with all applicable laws as well
as our Sharing & Publication Policy, Usage Policies, and any other documentation,
guidelines, or policies we make available to you.
**What You Cannot Do
You may not use our Services for any illegal, harmful, or abusive
activity. For example, you may not:
- Use our Services in a way that infringes, misappropriates or violates anyone’s rights.
- Modify, copy, lease, sell or distribute any of our Services.
- Attempt to or assist anyone to reverse engineer, decompile or discover the source code
or underlying components of our Services, including our models, algorithms, or systems
(except to the extent this restriction is prohibited by applicable law).
- Automatically or programmatically extract data or Output (defined below).
- Represent that Output was human-generated when it was not.
- Interfere with or disrupt our Services, including circumvent any rate limits or
restrictions or bypass any protective measures or safety mitigations we put on our
Services.
- Use Output to develop models that compete with OpenAI or other supported vendors.
### Content
**Your Content
You may provide input to the Services (“Input”), and receive output
from the Services based on the Input (“Output”). Input and Output are collectively
“Content.” You are responsible for Content, including ensuring that it does not
violate any applicable law or these Terms. You represent and warrant that you have all
rights, licenses, and permissions needed to provide Input to our Services.
**Ownership of Content
As between you and allStara, and to the extent permitted by
applicable law, you (a) retain your ownership rights in Input and (b) own the Output.
We hereby assign to you all our right, title, and interest, if any, in and to Output.
### Limitation of Liability
NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS
OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT
EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE
CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100).
THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW.
### Dispute Resolution
YOU AND allStara AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION
WAIVER PROVISIONS:
**MANDATORY ARBITRATION.
You and allStara agree to resolve any claims arising out
of or relating to these Terms or our Services, regardless of when the claim arose,
even if it was before these Terms existed (a “Dispute”), through final and binding
arbitration. You may opt out of arbitration within 30 days of account creation or of
any updates to these arbitration terms within 30 days after the update has taken
effect by filling out this form. If you opt out of an update, the last set of agreed
upon arbitration terms will apply.
**Informal Dispute Resolution
We would like to understand and try to address your
concerns prior to formal legal action. Before either of us files a claim against the
other, we both agree to try to resolve the Dispute informally. You agree to do so by
sending us notice through this form. We will do so by sending you notice to the email
address associated with your account. If we are unable to resolve a Dispute within 60
days, either of us has the right to initiate arbitration. We also both agree to
attend an individual settlement conference if either party requests one during this
time. Any statute of limitations will be tolled during this informal resolution
process.
### Arbitration Forum
If we are unable to resolve the Dispute, either of us may commence arbitration with
National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution
Rules and Procedures and/or Supplemental Rules for Mass Arbitration Filings, as
applicable. allStara will not seek attorneys’ fees and costs in arbitration unless
the arbitrator determines that your claim is frivolous. The activities described in
these Terms involve interstate commerce and the Federal Arbitration Act will govern
the interpretation and enforcement of these arbitration terms and any arbitration.
### Arbitration Procedures
The arbitration will be conducted by videoconference if possible, but if the arbitrator
determines a hearing should be conducted in person, the location will be mutually agreed
upon, in the county where you reside, or as determined by the arbitrator, unless the
batch arbitration process applies. The arbitration will be conducted by a sole arbitrator.
The arbitrator will be either a retired judge or an attorney licensed to practice law
in the state of Washington, USA. The arbitrator will have exclusive authority to resolve any
Dispute, except the state or federal courts of Seattle, Washington have the
authority to determine any Dispute about enforceability, validity of the class action
waiver, or requests for public injunctive relief, as set out below. Any settlement offer
amounts will not be disclosed to the arbitrator by either party until after the
arbitrator determines the final award, if any. The arbitrator has the authority to grant
motions dispositive of all or part of any Dispute.
### Exceptions
This section does not require informal dispute resolution or arbitration of the following
claims: (i) individual claims brought in small claims court; and (ii) injunctive or
other equitable relief to stop unauthorized use or abuse of the Services or intellectual
property infringement or misappropriation.
### CLASS AND JURY TRIAL WAIVERS
You and allStara agree that Disputes must be brought on an individual basis only, and
may not be brought as a plaintiff or class member in any purported class, consolidated,
or representative proceeding. Class arbitrations, class actions, and representative
actions are prohibited. Only individual relief is available. The parties agree to sever
and litigate in court any request for public injunctive relief after completing
arbitration for the underlying claim and all other claims. This does not prevent either
party from participating in a class-wide settlement. You and allStara knowingly and
irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim.
### Batch Arbitration
If 25 or more claimants represented by the same or similar counsel file demands for
arbitration raising substantially similar Disputes within 90 days of each other, then
you and allStara agree that NAM will administer them in batches of up to 50 claimants
each (“Batch”), unless there are less than 50 claimants in total or after batching,
which will comprise a single Batch. NAM will administer each Batch as a single
consolidated arbitration with one arbitrator, one set of arbitration fees, and one
hearing held by videoconference or in a location decided by the arbitrator for each
Batch. If any part of this section is found to be invalid or unenforceable as to a
particular claimant or Batch, it will be severed and arbitrated in individual proceedings.
### Severability
If any part of these arbitration terms is found to be illegal or unenforceable, the
remainder will remain in effect, except that if a finding of partial illegality or
unenforceability would allow class arbitration, class action, or representative action,
this entire dispute resolution section will be unenforceable in its entirety.
### Copyright Complaints
If you believe that your intellectual property rights have been infringed, please send
notice to allStara and we will connect you to the appropriate stakeholder.
### General Terms
**Assignment
You may not assign or transfer any rights or obligations under these
Terms and any attempt to do so will be void. We may assign our rights or obligations
under these Terms to any affiliate, subsidiary, or successor in interest of any
business associated with our Services.
**Changes to These Terms or Our Services
We are continuously working to develop and
improve our Services. We may update these Terms or our Services accordingly from time
to time. For example, we may make changes to these Terms or the Services due to:
- Changes to the law or regulatory requirements.
- Security or safety reasons.
- Circumstances beyond our reasonable control.
- Changes we make in the usual course of developing our Services.
- To adapt to new technologies.
We will give you at least 30 days advance notice of changes to these Terms that
materially adversely impact you either via email or an in-product notification. All
other changes will be effective as soon as we post them to our website. If you do not
agree to the changes, you must stop using our Services.
**Delay in Enforcing These Terms
Our failure to enforce a provision is not a waiver
of our right to do so later. Except as provided in the dispute resolution section above,
if any portion of these Terms is determined to be invalid or unenforceable, that portion
will be enforced to the maximum extent permissible and it will not affect the
enforceability of any other terms.
**Trade Controls
You must comply with all applicable trade laws, including sanctions
and export control laws. Our Services may not be used in or for the benefit of, or
exported or re-exported to (a) any U.S. embargoed country or territory or (b) any
individual or entity with whom dealings are prohibited or restricted under applicable
trade laws. Our Services may not be used for any end use prohibited by applicable trade
laws, and your Input may not include material or information that requires a government
license for release or export.
**Entire Agreement
These Terms contain the entire agreement between you and
allStara regarding the Services and, other than any Service-specific terms, supersedes
any prior or contemporaneous agreements between you and allStara.
**Governing Law
Washington law will govern these Terms except for its conflicts of
laws principles. Except as provided in the dispute resolution section above, all claims
arising out of or relating to these Terms will be brought exclusively in the federal or
state courts of Seattle, Washington, USA.
** Privacy Policy
================= Contact Information
If you have any inquiries regarding our terms, or if you wish to exercise any of your available rights,
please contact us via email at:
hello @ allstara.com
+1 425-522-2474
522 W RIVERSIDE AVE STE N
SPOKANE, WA 99201-0580
UNITED STATES