Last updated: Oct 3,2025
Terms & Conditions
Welcome to Auralith AI (“Auralith AI,” “we,” “us,” or “our”). These Terms & Conditions (the “Terms”) are a legally binding agreement between Auralith AI and the individual or entity that accesses or uses any Auralith AI website, product, or service (collectively, the “Services”). These Terms govern your access to and use of auralithai.co, any related sites or subdomains, and any online resources that link to or incorporate these Terms (together, the “Website”).
PLEASE READ THESE TERMS CAREFULLY. BY (A) ACCESSING OR USING THE WEBSITE OR SERVICES, (B) CREATING AN ACCOUNT, (C) CLICKING “I AGREE,” OR (D) PLACING AN ORDER BY ANY PERMITTED METHOD, YOU AND YOUR BUSINESS (INCLUDING ANY AUTHORIZED USERS) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS AND OUR PRIVACY POLICY (INCORPORATED BY REFERENCE). IF YOU DO NOT AGREE IN FULL, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SERVICES.
1) Definitions; Order of Precedence.
(a) “Agreement” means these Terms together with all policies, notices, and documents expressly incorporated by reference (including, without limitation, the Privacy Policy, any service-specific terms or data processing terms, and any order forms, statements of work, or addenda executed by you and Auralith AI).
(b) “Customer,” “you,” and “your” mean the individual or legal entity accepting this Agreement, including any employees, contractors, agents, or other authorized users acting on its behalf.
(c) If there is a conflict between documents, the following order of precedence applies: (i) an executed order form/SOW (most recent prevails), (ii) service-specific terms, then (iii) these Terms.
2) Acceptance; Authority; Business Use.
(a) You represent and warrant that you are at least the age of majority in your jurisdiction and have the full right, power, and authority to accept this Agreement for yourself and, if applicable, for the entity you represent, binding such entity to this Agreement. If you accept on behalf of an entity, “you” and “your” refer to that entity and its authorized users.
(b) The Services are intended for business and commercial use. You will not use the Services for personal, family, or household purposes.
3) Scope of Services; Third-Party Services.
Auralith AI may provide access to or integrate with certain third-party software, data, or services (“Third-Party Services”). Your use of Third-Party Services may be subject to separate terms required by those providers. Auralith AI is not responsible for Third-Party Services and disclaims all liability arising from or relating to their use. Where you enable or authorize an integration, you instruct Auralith AI to exchange data with those Third-Party Services as necessary to provide the Services.
4) Modifications to the Agreement.
Auralith AI may modify these Terms and any incorporated documents from time to time. Unless a later effective date is stated, modifications are effective upon posting to the Website. Material changes will be indicated by updating the “Last Updated” date above or by reasonable notice. Your continued use of the Services after the effective date of any modification constitutes your acceptance of the modified Agreement. New features or tools introduced to the Services are subject to this Agreement.
5) Electronic Communications; Notices.
You consent to receive communications from Auralith AI electronically, including via email at the address you provide, postings on the Website, in-product notifications, or other reasonable means. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. Notices to Auralith AI must be sent to [email protected], unless another notice channel is expressly designated.
6) Territory; Compliance; Export.
You are responsible for compliance with all applicable laws, regulations, and industry standards in every jurisdiction where you access or use the Services, including privacy, marketing, consumer protection, sanctions, and export control laws. You represent that neither you nor your authorized users are located in, organized under the laws of, or ordinarily resident in a jurisdiction subject to comprehensive embargoes or sanctions, and that none are identified on any applicable denied or restricted parties list.
7) No Reliance; No Professional Advice.
The Services, and any information made available through the Website, are provided for general informational purposes only. Auralith AI does not provide legal, tax, accounting, or professional advice, and no information provided through the Services should be construed as such. You are solely responsible for obtaining professional advice where appropriate.
8) Relationship to Other Provisions.
This Introductory Section forms part of the Agreement and works in tandem with the provisions below, including, without limitation, those governing license rights, acceptable use, intellectual property, payment, refunds and cancellations (Section 6), disclaimers of warranties, limitations of liability, indemnification, data protection, termination, and dispute resolution (including mandatory binding arbitration and class action waiver in Section 11). If there is ambiguity, the more specific provision controls for its subject matter.
SECTION 1 – Website Use
The Website is intended for businesses operated by adults. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), operate a business, have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
SECTION 2 – Website User Conduct and Restrictions-License Terms
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The Auralith AI trademark and logo are proprietary marks of Auralith AI, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Auralith AI.
Subject to your continued strict compliance with all Terms, Auralith AI provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferrable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.
If you purchase a subscription to Auralith AI's online materials, Auralith AI provides to you a revocable, limited, non-exclusive, non-sublicenseable, non-transferrable license to use the software. You acknowledge and agree that: (1) the software is copyrighted material under Canada and international copyright laws that is exclusively owned by Auralith AI; (2) you do not acquire any ownership rights in the software; (3) you may not modify, publish, transmit, participate in the transfer or sale, or create derivative works from the content of the software; (4) except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the software without the express written permission of Auralith AI; and (5) in the event of any permitted copying (e.g., from the Website to your computer system), no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.
You agree not to use or attempt to use the Website, or any software provided by Auralith AI, whether alone, or in conjunction with other software or hardware, in any unlawful manner or a manner harmful to Auralith AI. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website or through use of any software or hardware including, but not limited to, refraining from:
HARMFUL ACTS. Any dishonest or unethical practice; any violation of the law; infliction of harm to Auralith AI reputation; hacking and other digital or physical attacks on the Website; scraping, crawling, downloading, screen-grabbing, or otherwise copying content on the Website and/or transmitting it in any way we haven’t specifically permitted; introducing, transmitting, or storing viruses or other malicious code; interfering with the security or operation of the Website; framing or mirroring the Website; creating, benchmarking, or gathering intelligence for a competitive offering; infringing another party’s intellectual property rights, including failing to obtain permission to upload/transfer/display works of authorship; intercepting or expropriating data; and the violation of the rights of Auralith AI or any third party;
“SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for spam and unsolicited communications. Any communications sent or authorized by you reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third-party blogs) will be deemed a material threat to Auralith AI's reputation and to the rights of third parties. It is your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by you, including without limitation postings on any website operated by you, or social media or blog, which are: sexually explicit, obscene, vulgar, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; or solicitous of unlawful behavior.
SENSITIVE INFORMATION. You will not import, or incorporate into, any contact lists or other content you upload to any website, software, or other electronic service hosted, provided by or connected to Auralith AI, any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health or financial information of any kind.
SECTION 3 – Our Privacy Statement and Your Personal Information
We respect your privacy and the use and protection of your non-public, personal information. Our Privacy Statement may be viewed here. Auralith AI retains the exclusive right to modify its Privacy Statement and DPA in its reasonable discretion from time-to-time. Our Privacy Statement is incorporated into this Agreement by reference.
SECTION 4 – Order Placement and Acceptance
If you order a service or product, payment must be received by us before your order is accepted. We may require additional information regarding your order if any required information was missing or inaccurate and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately at [email protected] in order to modify or cancel your pending order. We cannot guarantee that Auralith AI will be able to amend your order in accordance with your instructions.
All items are subject to availability. We will notify you if any item is not available, the expected availability date, and may offer you an alternative product or service. If the availability of any product or service is delayed and you do not wish to substitute the product or service, upon your request, Auralith AI will cancel your order and if previously charged, your payment card will be fully refunded for that specific order. We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.
Your purchase order of products and other services is conditioned on you re-affirming your acceptance of this Agreement.
All advertised prices are in, and all payments shall be in, U.S. Dollars.
SECTION 6 – Refunds and Cancellations
All services and digital products provided by Auralith AI ("Auralith AI", "we", "us", or "our") are non-refundable once delivered, accessed, or used. Because our products and services are digital in nature, they are considered “used” as soon as they are emailed, downloaded, accessed through our platform, or otherwise made available to you.
Limited Refunds. Notwithstanding the foregoing, Auralith AI may, at its sole discretion, issue a refund, credit, or replacement only in the limited circumstances set forth below:
1. Duplicate Billing or Payment Error – If you were charged more than once for the same product or service, upon timely proof submitted to Auralith AI, Auralith AI will promptly issue a refund for the duplicate charge.
2. Failure of Delivery – If Auralith AI fails to deliver access to the service or product you purchased and our technical team is unable to correct the issue within a reasonable time (generally not to exceed thirty (30) days after written notice from you), we may, at our option, (a) restore access, (b) provide a suitable replacement product or service, or (c) issue a refund for the portion of the product or service not delivered. You must first allow Auralith AI a reasonable opportunity to remedy any such delivery failure.
3. Fraudulent Transaction – If we determine that your payment was made without your authorization or was otherwise fraudulent, Auralith AI will void the transaction and refund the amount in accordance with applicable law and the rules of the payment processor.
Claims Procedure and Timing. To be eligible for a refund under the foregoing limited circumstances, you must:
a) Contact Auralith AI at [email protected] within fourteen (14) calendar days of the date of delivery or date of the charge; and
b) Provide all requested information, proof of purchase, transaction identifiers, and any logs or other evidence reasonably requested by Auralith AI to investigate the claim.
Right to Refuse, Offset, or Withhold Refunds. Auralith AI retains the exclusive right, in its sole discretion, to deny, limit, or withhold any refund request that does not strictly comply with the conditions above, that appears fraudulent, or that arises from your breach of these Terms. Without limiting the foregoing, Auralith AI may offset or withhold any refund to the extent necessary to: (i) cover amounts owed by you to Auralith AI for any reason (including outstanding invoices), (ii) recover chargeback or payment processing fees, or (iii) recoup any costs incurred as a result of your misuse of the service.
No Refund for Dissatisfaction or Change of Mind. Dissatisfaction with results, lack of usage, inability to obtain a particular outcome, or a change of mind does not entitle you to a refund.
Subscriptions and Cancellations. If you cancel a subscription before the end of your paid billing cycle, you will retain access through the end of the paid period, and you will not receive a prorated refund for any unused portion. Auralith AI may, in its sole discretion, offer pro-rated credits or account adjustments as a courtesy, but is not required to do so.
Chargebacks. If you initiate a chargeback or reversal with your payment provider and such chargeback or reversal is not justified, Auralith AI retains the exclusive right to contest the chargeback and to recover from you any chargeback fees, associated costs, and related losses. In the event a chargeback is reversed in favor of Auralith AI, you remain liable for the underlying charge and any associated fees.
Right to Modify Refund Policy. Auralith AI retains the exclusive right to modify, limit, or rescind this refund policy at any time, and any such change will become effective upon posting on the Website or otherwise notifying you. Changes will not apply retroactively to purchases already made, unless Auralith AI elects to apply such changes in its sole discretion.
Exclusive Remedies; Limitation of Liability. Except as expressly set forth above, the remedies described in this Section are your sole and exclusive remedies with respect to any alleged failure, defect, or non-performance of any product or service. Auralith AI’s aggregate liability regarding any claim related to refunds shall not exceed the total amount actually paid by you to Auralith AI for the applicable product or service during the twelve (12) months preceding the claim.
Contact for Refund Requests. All requests, notices, and inquiries concerning refunds, cancellations, or billing should be submitted to:
Auralith AI
Email: [email protected]
By purchasing or accessing any product or service from Auralith AI, you acknowledge that you have read, understood, and agreed to this refund and cancellation policy.
SECTION 7 – Disclaimer – Your Individual Results Will Vary
Every online business is different, employing different strategic approaches and organizational structures, and offering different products and services. Therefore, individual results will vary from user to user. YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOUR BUSINESS, INCLUDING BUT NOT LIMITED TO YOUR CONTENT, BUSINESS MODEL, AND PRODUCT AND SERVICE OFFERINGS.
Auralith AI does not promise, guarantee, or warrant your business’ success, income, or sales.
We do not guarantee your business’ success and based upon many market factors that we cannot control, the service we provide may or may not be applicable to your specific business.
Also, we do not offer any tax, accounting, financial, or legal advice. You should consult your business’ accountant, attorney, or financial advisor for advice on these topics.
SECTION 8 – Your Responsibilities in Running Your Business
You represent and warrant that you operate a business in good-standing and you agree that there are no prior or pending government investigations or prosecutions against you or your business. You also agree that you and your business will only use Auralith AI's services for lawful purposes and that you shall not use such services, whether alone or in connection with other software, hardware, or services, for any unlawful or harmful purpose.
You are solely and exclusively responsible for complying with all applicable laws and regulations in running your business, including, but not limited to, all laws governing advertising and marketing claims, subscriptions, refunds, premium offers, tax laws, and all additional laws applicable to your business.
You agree to notify Auralith AI if any investigation or lawsuit is threatened or filed against you, whereupon Auralith AI shall have the right to terminate this Agreement without liability. Auralith AI shall bear no liability for your violation of any laws.
You are solely and exclusively responsible for collecting and reporting all sales and use tax, and any other taxes, which may apply to sales of products or services by your business. Auralith AI shall not be responsible to collect or report any taxes which may apply to your business or sales of products or services by your business.
You agree to indemnify Auralith AI as set out below in the event that you and/or your business violates any law and a claim is threatened or asserted against Auralith AI as a result.
SECTION 9 – Testimonials, Reviews, and Pictures/Videos
Auralith AI is pleased to hear from users and customers and welcomes your comments regarding our services. Auralith AI may use testimonials and/or product reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to Auralith AI services, in printed and online media, as Auralith AI determines in its sole and exclusive discretion. Testimonials represent the unique experience of the participants and customers submitting the testimonial, and do not necessarily reflect the experience that you may have using our services or products. As set forth above in Section 7, your results will vary depending upon a variety of factors unique to and beyond Auralith AI's control. Note that testimonials, photographs, and other information that you provide to us will be treated as non-confidential and nonproprietary, and, by providing them, you grant Auralith AI a royalty-free, worldwide, perpetual, nonexclusive and irrevocable license to use them.
Additionally, Auralith AI retains the exclusive right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. Auralith AI shall be under no obligation to use any, or any part of, any testimonial or product review submitted.
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Auralith AI retains the exclusive right (but not the obligation) to remove or edit such content but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Auralith AI a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Auralith AI and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Auralith AI for all claims resulting from content you supply. Auralith AI has the right but not the obligation to monitor and edit or remove any activity or content. Auralith AI takes no responsibility and assumes no liability for any content posted by you or any third party.
SECTION 10 – Compliance with the Laws, Including Commitment Against Harassment and Interference with Others (“Targeting”)
As a v user, you must comply with all laws, both U.S. and foreign, including, but not limited to, laws prohibiting deceptive and misleading advertising and marketing, e-mail marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), telemarketing laws (including the federal Telephone Consumer Protection Act (47 U.S.C. § 227) and the Federal Trade Commission’s Telemarketing Sales Rule (16 C.F.R. § 310)), laws governing testimonials (including the Federal Trade Commission’s Revised Endorsements and Testimonials Guides (16 CFR Part 255)), and/or any similar laws, laws relating to intellectual property, privacy, security, terrorism, corruption, child protection, or import/export laws. You are solely responsible for ensuring their compliance with all applicable laws, rules, regulations, and court orders of any kind of any jurisdiction applicable to you and your business, and any recipient to whom you send digital messages using our products or services. You have the responsibility to be aware of, understand, and comply with all applicable laws and ensure that you and all users of your account comply with such applicable laws at all times.
If you use any messaging software, or any other messaging system or other software or hardware provided by you or a third-party, you agree that you will follow all applicable laws with respect to sending messages, including without limitation the federal Telephone Consumer Protection Act. You further agree to indemnify and defend Auralith AI from any claims, damages, losses, and lawsuits of any kind or nature that may be made or brought against Auralith AI relating in any way to your violation of law or third-party rights by use or misuse of any messaging software or hardware, whether provided by Auralith AI. You further understand and agree that Auralith AI has no control over, and therefore cannot be responsible for, the functionality or failures of any third-party software, including without limitation Facebook, Facebook Messenger, and internet browser notifications. Auralith AI makes no representation or warranty THAT ANY SCALE CLIENTS MESSAGING SOFTWARE WILL BE COMPATIBLE WITH ANY THIRD-PARTY SOFTWARE. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR YOUR USE OF ANY AND ALL MESSAGING SOFTWARE AND/OR HARDWARE.
COMMITMENT AGAINST TARGETING AND HARASSMENT AND INTERFERENCE WITH OTHERS. You must not use our services, whether alone, or in connection with other software or hardware, to: (i) store, distribute, or transmit any malware or other material that you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive; or (ii) commit, promote, aid, or abet any behavior, which you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive.
SECTION 11 – Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AND YOUR BUSINESS AGREE THAT ANY CLAIM THAT YOU OR YOUR BUSINESS MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU AND YOUR BUSINESS WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
If you have a complaint, dispute, or controversy, you agree to first contact us at [email protected] to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of the Website, any product, service, or software, these Terms, the Privacy Policy, any affiliate agreement, or your relationship with us that cannot be resolved through such informal process or through negotiation within 120 days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”), or, for Canadian residents, the Canadian Arbitration Association (“CAA”). Judgment on the award rendered may be entered in any court having jurisdiction thereof.
The arbitration will be conducted by a single neutral arbitrator in the English language. Unless the parties otherwise agree in writing, arbitration shall take place in a major metropolitan area in the country where the customer resides (United States or Canada). The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with the applicable AAA or CAA rules. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures or the CAA’s Arbitration Rules, as applicable, in effect at the time of submission of the demand for arbitration. These rules are available at www.adr.org (AAA) or www.canadianarbitrationassociation.ca (CAA).
The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms and Conditions of Use and Sale, the Privacy Statement, this arbitration provision, and any other terms incorporated by reference into these Terms and Conditions of Use and Sale. The arbitrator shall also have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Auralith AI.
Payment of all filing, administration, and arbitrator fees will be governed by the rules of the AAA or CAA, as applicable. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
The arbitrator shall apply the substantive laws of the jurisdiction where the customer resides (either the United States or Canada), without regard to conflict of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal only as permitted under applicable arbitration laws. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction in the United States or Canada.
You and Auralith AI agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You and Auralith AI expressly waive any right to pursue any class or other representative action against each other.
Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1 year period includes the 120 day informal resolution procedures described above).
This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (for U.S. residents) or the Arbitration Act of the applicable Canadian province or territory (for Canadian residents).
This provision survives termination of your account or relationship with Auralith AI, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.
SECTION 12 – Force Majeure
Auralith AI will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.
SECTION 13 – Assignment
Auralith AI may assign its rights under this Agreement at any time, without notice to you. Your rights arising under this Agreement cannot be assigned without Auralith AI (or its assigns’) express written consent.
SECTION 14 – Electronic Signature
All information communicated on the Website is considered an electronic communication. When you communicate with Auralith AI through or on the Website or via other forms of electronic media, such as email, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
SECTION 15 Communications and Marketing Consent
By providing your contact information to Auralith AI (including, without limitation, submitting any form, creating an account, or otherwise interacting with the Services), you expressly consent to receive communications from Auralith AI, including but not limited to emails, SMS text messages, telephone calls (whether live or automated), push notifications, and other forms of electronic or digital messaging. Such communications may relate to transactional matters, service updates, product announcements, promotions, or other information relevant to your relationship with Auralith AI.
You acknowledge and agree that your consent to receive communications shall remain valid and enforceable unless and until you elect to withdraw such consent by following the opt-out instructions provided in any communication or by contacting Auralith AI directly at [email protected]. Your withdrawal of consent will not affect the lawfulness of communications sent before such withdrawal and may limit or restrict your ability to use certain features of the Services.
To the maximum extent permitted by applicable law, you expressly waive and release any claim, action, or proceeding against Auralith AI arising from or relating to the frequency, format, or manner of communications, provided that such communications are made in compliance with applicable law and within the scope of the consent you have granted. In no event shall receipt of communications from Auralith AI constitute a basis for damages, penalties, or liability beyond what is expressly required by law.
You represent and warrant that any contact information you provide to Auralith AI is accurate and that you are the lawful subscriber or authorized user of the telephone number(s) or email address(es) provided. You agree to indemnify and hold harmless Auralith AI from and against any claim or liability arising from your provision of inaccurate information or use of contact information without proper authority.
This Section shall survive termination of your account or relationship with Auralith AI and shall be read in conjunction with the Privacy Policy and the arbitration provisions of Section 11 of this Agreement.
SECTION 16 – Changes To The Agreement
You can review the most current version of the Terms at any here. We reserve the right, at our sole discretion, to update, change or replace any part of the Agreement, including the Privacy Policy located at Privacy Policy by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to the Agreement constitutes acceptance of those changes.
SECTION 17 – Your Additional Representations and Warranties
You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) that you own, operate, and/or have the right to bind the business for which you are using the Website; (3) have read this Agreement and thoroughly understand and agree to the terms contained in this Agreement; and (4) that you will not resell, re-distribute, or export any product or service that you order from the Website. You further represent that Auralith AI has the right to rely upon all information provided to Auralith AI by you, and Auralith AI may contact you and your business by email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Website.
You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against you, or any business related to you, by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against you. If at any time during the life of the Agreement you, or any business related to You, becomes the subject of a government investigation, inquiry, or prosecution by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority anywhere in the world, or the subject of any lawsuit, you will notify Auralith AI of the same within 24 hours. Auralith AI, at its sole discretion, may terminate the Agreement based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph or otherwise discovered by Auralith AI without incurring any obligation or liability to you.
SECTION 18 – Severability
If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.
SECTION 19 – Entire Agreement
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and your business and Auralith AI and governs your access to and use of the Website and your ordering, purchasing, and use and/or attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and Auralith AI. We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to these Terms, the Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
SECTION 20 – Contacting Us
We encourage our customers to contact us with questions or comments about our products and services. Please feel free to do so by sending an e-mail to [email protected]
If you have any questions or inquiries concerning any of the Terms, you may contact Auralith AI by email at [email protected]
Message and data rates may apply.
Prospect agrees he/she is solely responsible for any and all third party fees a prospect may incur when being contacted by Auralith AI. By filling out ANY of our forms you acknowledge and agree that any disputes shall be resolved exclusively under the arbitration and waiver provisions of this Agreement against Auralith AI based on any previously alleged infraction (alleged infractions prior to you submitting any forms) including but not limited to SMS, email, or robo-dial. If any of the terms are held unenforceable, the reminder of the terms shall remain in effect.
Please DO NOT digitally sign this agreement by submitting any forms on any of our websites if you do not agree with our terms and conditions.
To unsubscribe from email, phone, sms, or robo-dialing mediums please send an email to [email protected] and include the phone number and or email address you wish to be removed. You may also call and leave a message indicating such request at +1 813-437-4612, you can also opt-out by replying to the text message with “STOP”.