These Terms of Service (the "Terms") are a binding legal agreement between you — and, if you use Dispatch on behalf of an organization, that organization (together, "you" or "your") — and Audience Builders LLC, a Maryland limited liability company ("Audience Builders," "we," "us," or "our"). They govern your access to and use of the Dispatch application, websites, APIs, and related services (collectively, the "Service").
PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE A BINDING ARBITRATION PROVISION AND A CLASS-ACTION AND JURY-TRIAL WAIVER (SECTION 17) THAT AFFECT HOW DISPUTES ARE RESOLVED, LIMITATIONS ON OUR LIABILITY (SECTIONS 14–15), AND YOUR INDEMNIFICATION OBLIGATIONS (SECTION 16).
By clicking "I Agree" (or a similar control), creating an account, or accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and by the documents incorporated by reference below. If you do not agree, do not access or use the Service. If you have agreed to an earlier version, you accept an updated version only as described in Section 19.
If you accept these Terms on behalf of an organization, you represent and warrant that you have full authority to bind that organization, and "you" refers to that organization.
Electronic contracting. You consent to transact electronically and to receive all agreements, disclosures, and notices (including the automatic-renewal disclosure in the Software License & Subscription Agreement) in electronic form. You agree that your click of "I Agree" (or equivalent) is your electronic signature and has the same legal effect as a handwritten signature under the U.S. E-SIGN Act and the Uniform Electronic Transactions Act.
These Terms incorporate, and you also agree to, the following, each as updated from time to time (together with these Terms, the "Agreement"):
Order of precedence. If you and Audience Builders have entered into a separate written agreement or order form executed by both parties (including any data processing addendum) covering the Service, that agreement controls to the extent of any conflict for its subject matter. Otherwise, in the event of a conflict, the following order of precedence applies, except that each document governs its own subject matter: (1) a signed order form or master agreement and any data processing addendum; (2) these Terms; (3) the Software License & Subscription Agreement; (4) the Privacy Policy; and (5) the Acceptable Use Policy.
You must be at least 18 years old and capable of forming a binding contract to use the Service. You represent that you are not barred from using the Service under the laws of the United States or any other applicable jurisdiction, and that you and your end users are not on any U.S. government list of prohibited or restricted parties.
Account creation and authentication are handled through our third-party identity provider. You are responsible for maintaining the confidentiality of your credentials, including any API keys and stream or ingest keys we issue to you and any third-party credentials you store in the Service, and for all activity that occurs under your account or using those keys, whether or not authorized by you.
You agree to provide accurate account information and to keep it current. You must promptly notify us of any unauthorized use of your account or any other suspected breach of security. To the maximum extent permitted by law, we are not liable for any loss or damage arising from your failure to safeguard your credentials.
Dispatch provides tools to draft social media posts; write, plan, and proofread stories and other copy; design branded graphics ("Cards") and maps, charts, and weather graphics; edit and caption video; connect and publish to third-party social platforms and view analytics for published posts; stream live video to connected platforms and destinations ("Livestream"); transcribe meetings and other recordings; and — where you enable it — automatically draft content from a content source you connect in the Service or through our API, and publish it if you choose ("Auto-Dispatch"), and monitor public-meeting sources and send keyword alerts ("Meeting Watch"). Some features use artificial intelligence and automated processing. Each feature is subject to the plan limits described in the Software License & Subscription Agreement.
You control what is published. Except where you expressly configure automated publishing, content is queued for your review and is not published until you approve it. YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT YOU CREATE, EDIT, SCHEDULE, APPROVE, OR PUBLISH THROUGH THE SERVICE, including its accuracy, legality, and its compliance with the rules of each destination platform and with all applicable laws. WHERE YOU ENABLE AUTOMATED PUBLISHING (INCLUDING AUTO-DISPATCH), YOU KNOWINGLY ASSUME THE RISK OF CONTENT BEING PUBLISHED WITHOUT YOUR INDIVIDUAL REVIEW.
Backups and data loss. You are responsible for maintaining your own backups and copies of Your Content. EXCEPT FOR ANY EXPORT WINDOW IN THE SOFTWARE LICENSE & SUBSCRIPTION AGREEMENT, WE HAVE NO OBLIGATION TO STORE, RETAIN, OR BACK UP YOUR CONTENT, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW WE ARE NOT RESPONSIBLE FOR ANY DELETION, LOSS, CORRUPTION, OR UNAVAILABILITY OF YOUR CONTENT.
We may add, change, suspend, or discontinue any part of the Service at any time, and we may impose limits on certain features or restrict access, without liability to you, subject to the Software License & Subscription Agreement.
"Your Content" means any text, images, video, audio, logos, trademarks, feeds, data, or other materials that you or your users submit to, generate through, or connect to the Service. As between you and us, you retain all ownership rights in Your Content.
You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (for example, to reformat, resize, reframe, transcribe, caption, or otherwise adapt for a platform), transmit, and display Your Content solely as necessary to operate, provide, secure, and improve the Service and to publish or transmit Your Content to the third-party platforms and recipients you designate. You also authorize us to transmit Your Content to our service providers and to those third-party platforms on your behalf.
You represent and warrant that you own or have all rights, licenses, consents, and permissions necessary to submit Your Content and to grant the foregoing license, and that Your Content and its use through the Service do not and will not infringe, misappropriate, or violate any third party's rights or any law.
Prohibited data. You will not submit to the Service any protected health information governed by HIPAA, biometric identifiers or biometric information (such as face templates, voiceprints, or fingerprint or retina scans), full payment-card or financial-account numbers, government-issued identification numbers, or other sensitive or specially regulated data, and you will not use the Service to recognize who a person is from their face, voice, or other physical features. The Service is not designed or intended for such data or uses, we are not a "business associate" or comparable regulated processor, and you are solely responsible for, and will indemnify us against, any such data you submit.
Faces in video. Photos and video of people are not prohibited data. When the Service reframes a video to keep people in frame (Smart Reframe in Auto-Cut, and automated video in Auto-Dispatch when Smart Reframe is turned on for it), it automatically detects the faces in that video and compares them with one another to keep the same person in frame. It does not use this analysis to recognize who anyone is, and it does not keep the face measurements it computes; Section 5 of the Privacy Policy describes what it computes and the framing record it keeps.
The Service integrates with and depends on third parties, including social media platforms (such as X, Facebook, Instagram, LinkedIn, TikTok, and YouTube) and livestream destinations (such as YouTube, Facebook, X, Twitch, Kick, Rumble, and other RTMP services) that you connect, and the content sources you connect or ask us to monitor or retrieve content from (such as RSS and Atom feeds, WordPress sites, public-meeting video sites, and video or stream links you provide) (collectively, "Third-Party Platforms"). Your use of any Third-Party Platform is governed by that third party's own terms and policies, and you are responsible for complying with them, including each platform's terms, automation rules, and content policies, and for having the right to connect each content source and to retrieve and use its content through the Service.
We do not control Third-Party Platforms and are not responsible or liable for their availability, performance, acts, omissions, changes, suspensions, terminations, rate limits, fees, or for any content, action, or decision of any Third-Party Platform — including the suspension, restriction, or termination of any of your platform accounts. Third-Party Platforms may change or discontinue their integrations at any time, which may affect the Service without liability to us.
Service Providers. We use other companies to host, store, process, and deliver parts of the Service on our behalf ("Service Providers"), including the service providers (subprocessors) listed in Section 4 of the Privacy Policy, such as our hosting, database, authentication, payment, publishing, and AI providers. Service Providers are not "Third-Party Platforms." A company can be both: for example, Google is a Service Provider when it supplies web fonts or YouTube channel listings to us, and YouTube is a Third-Party Platform when you connect it, publish or stream to it, or use it as a content source. When a Third-Party Platform's act or decision reaches you through a Service Provider (for example, an error from X relayed by our publishing provider), it is treated as the act or decision of that Third-Party Platform under this Section. We do not control the infrastructure and services our Service Providers operate, and a Service Provider may change, interrupt, or stop providing its service. This paragraph does not limit our responsibility for the software we write and run on those services, how we set them up, the credentials we use with them, or what information we send them. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE OR LIABLE FOR THE ACTS, OMISSIONS, ERRORS, OUTAGES, DELAYS, OR DATA LOSS OF ANY SERVICE PROVIDER, FOR SECURITY INCIDENTS IN SYSTEMS A SERVICE PROVIDER OPERATES, OR FOR ANY LOSS OR DAMAGE RESULTING FROM THEM, EXCEPT TO THE EXTENT CAUSED BY OUR OWN BREACH OF THE AGREEMENT, OUR OWN BREACH OF OUR AGREEMENT WITH THAT SERVICE PROVIDER (FOR EXAMPLE, NON-PAYMENT), OR OUR OWN FAILURE TO USE REASONABLE CARE (INCLUDING IN CHOOSING AND SETTING UP OUR SERVICE PROVIDERS, IN DECIDING WHAT INFORMATION WE SEND THEM, AND IN RESPONDING TO PROBLEMS WITH THEM THAT WE KNOW ABOUT). Any liability we do have in connection with a Service Provider remains subject to the other limitations in the Agreement, including Sections 5, 8, 14, and 15. This paragraph does not affect any refund you are owed for an amount charged to you in error or any refund required by law.
Release. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE AUDIENCE BUILDERS, ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS FROM ALL CLAIMS, DEMANDS, AND DAMAGES ARISING OUT OF OR RELATING TO ANY THIRD-PARTY PLATFORM, ANY SUSPENSION OR TERMINATION OF YOUR PLATFORM ACCOUNTS, ANY DISPUTE WITH ANOTHER USER, OR THE CONTENT OR CONDUCT OF ANY OTHER THIRD PARTY THAT IS NOT A SERVICE PROVIDER. YOU ALSO RELEASE AUDIENCE BUILDERS, ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, AND EMPLOYEES FROM ALL CLAIMS, DEMANDS, AND DAMAGES ARISING OUT OF OR RELATING TO ANY ACT OR OMISSION OF A SERVICE PROVIDER, TO THE EXTENT WE ARE NOT RESPONSIBLE FOR IT UNDER THE "SERVICE PROVIDERS" PARAGRAPH OF THIS SECTION 7. If you are a California resident, you waive California Civil Code § 1542, and any similar law in another jurisdiction, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
Some features generate or transform content using artificial intelligence and automated systems, including automatically drafted posts and other copy (such as articles, scripts, story plans, proofreading suggestions, and shortened card headlines), generated graphics and charts, automated video reframing (which analyzes the faces in your video, as described in Section 6), captioning, and caption translation, automated transcripts and keyword alerts, and Auto-Dispatch drafts. AI AND AUTOMATED OUTPUT MAY BE INACCURATE, INCOMPLETE, OUTDATED, OFFENSIVE, OR OTHERWISE UNSUITABLE, AND MAY NOT REFLECT REAL EVENTS, PEOPLE, OR FACTS.
You are responsible for reviewing, editing, and verifying all AI and automated output before relying on it and, except where you enable automated publishing as described in Section 5, before publishing it. THE SERVICE AND ALL OUTPUT ARE PROVIDED FOR GENERAL INFORMATIONAL AND CONTENT-CREATION PURPOSES ONLY AND DO NOT CONSTITUTE LEGAL, FINANCIAL, REGULATORY, ADVERTISING-COMPLIANCE, OR OTHER PROFESSIONAL ADVICE. You are responsible for obtaining your own professional advice and for the legal and regulatory compliance of everything you publish. Subject to Section 15, we disclaim liability arising from your use of, or reliance on, AI or automated output, and from any content published through the Service, whether by you or through automation you enable.
Automated checks. Automated checks that you enable, such as the Profanity Filter, are provided on a best-effort basis and cover only common English-language profanity. They may miss words, and they may not run or finish (for example, on long audio, while usage is paused under the Software License & Subscription Agreement, when rate limits apply, or because of errors); in that case the video remains available without the check, usually with a notice. You remain responsible for reviewing content before you publish it.
Your use of the Service must comply with the Acceptable Use Policy, which is incorporated into these Terms and includes our Copyright and DMCA Policy. Violation of the Acceptable Use Policy is a breach of these Terms and may result in suspension or termination under Section 13.
Paid features are offered on a subscription basis and are governed by the Software License & Subscription Agreement, which addresses plans, pricing, billing, automatic renewal, taxes, and refunds. You authorize us and our payment processor to charge the payment method on file for all applicable fees.
The Service, or features within it, may be offered on a beta, preview, early-access, trial, or other pre-release basis ("Pre-Release Features"). PRE-RELEASE FEATURES ARE PROVIDED "AS IS" AND "AS AVAILABLE," MAY BE INCOMPLETE OR UNSTABLE, MAY BE CHANGED OR WITHDRAWN AT ANY TIME, AND ARE PROVIDED WITHOUT ANY WARRANTY, SERVICE-LEVEL COMMITMENT, OR SUPPORT OBLIGATION. Subject to Section 15, we will have no liability arising from Pre-Release Features.
The Service, including all software, models, designs, templates, text, graphics, user interfaces, and the Dispatch and Audience Builders names and logos, and all intellectual property rights therein, are and remain the exclusive property of Audience Builders and its licensors. Except for the limited license expressly granted in the Software License & Subscription Agreement, no rights are granted to you.
If you provide suggestions, feedback, or ideas about the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and exploit the Feedback for any purpose without restriction or compensation to you.
Confidentiality. "Confidential Information" means non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential, including non-public aspects of the Service and our pricing. The receiving party will protect Confidential Information using reasonable care, use it only to perform under the Agreement, and not disclose it except to those with a need to know who are bound by similar obligations. This does not apply to information that is public, independently developed, rightfully received from a third party, or required to be disclosed by law.
You may stop using the Service at any time; cancellation of paid subscriptions is governed by the Software License & Subscription Agreement. We may suspend or terminate your access to all or part of the Service, with or without notice, if we reasonably believe you have violated the Agreement, if required by law or by a Third-Party Platform, to protect the Service or other users, for non-payment, or if providing the Service to you becomes impractical or commercially unreasonable. It is our policy to terminate, in appropriate circumstances, the accounts of users who are repeat infringers, as described in the Copyright and DMCA Policy.
Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination will survive, including Sections 4 (last sentence), 5, 6, 7, 8, 11, 12, and 14 through 21. We may delete Your Content following termination; you are responsible for retaining your own copies, subject to any export window in the Software License & Subscription Agreement.
Deleting brands and accounts. An owner of a brand can delete it in the Service, subject to the conditions in the Software License & Subscription Agreement (for example, not while it is the only brand they belong to, or, for a subscription's billing brand, while other brands are on its subscription or while its subscription is in a free trial, active, or awaiting a retried payment), and you can delete your sign-in account from your account settings. Neither deletes everything: deleting a brand leaves some of its data in place, and deleting your sign-in account removes only your login, not the brands you belong to, their content, or any subscription, which keeps renewing until it is canceled. The Privacy Policy (Sections 7 and 9) describes what each removes and what we keep. To have the rest deleted, contact us at jbaron@audience-builders.com.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL CONTENT AND OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE AND OUR LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, THAT ANY CONTENT OR OUTPUT WILL BE ACCURATE OR RELIABLE, THAT ANY POST OR BROADCAST WILL BE SUCCESSFULLY DELIVERED TO OR ACCEPTED BY ANY THIRD-PARTY PLATFORM, OR THAT DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION OBTAINED FROM US OR THROUGH THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
Support and availability. Support is provided at our discretion through the channels we make available, and the Service is provided WITHOUT ANY UPTIME OR SERVICE-LEVEL COMMITMENT unless a separate service-level agreement is signed by both parties. Maintenance, updates, Third-Party Platform changes, and outages or failures of our Service Providers may cause interruptions.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In that case, such warranties are limited to the minimum scope and duration permitted by law.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL AUDIENCE BUILDERS, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS, OR REPUTATION, OR FOR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU ACTUALLY PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, REFLECT AN AGREED ALLOCATION OF RISK, AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US, WITHOUT WHICH THE SERVICE WOULD NOT BE PROVIDED AT ITS CURRENT PRICING. THE EXCLUSIONS AND CAP IN THIS SECTION LIMIT ONLY OUR LIABILITY TO YOU; nothing in this Section limits your indemnification obligations under Section 16, your obligation to pay fees, or your liability for breach of Section 6 (Your Content and prohibited data), Section 12 (our intellectual property and confidentiality), the License restrictions, or the Acceptable Use Policy.
Non-waivable liability. NOTHING IN THE AGREEMENT EXCLUDES OR LIMITS ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION, FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FOR OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR FOR ANY NON-WAIVABLE RIGHTS YOU MAY HAVE UNDER CONSUMER-PROTECTION LAW (INCLUDING THE MARYLAND CONSUMER PROTECTION ACT). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you; in that case our liability is limited to the minimum extent permitted by law.
You will defend, indemnify, and hold harmless Audience Builders, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Your Content; (b) your use of the Service; (c) your connection to, and activity on, any Third-Party Platform or platform account; (d) your violation of the Agreement or of any law or third-party right; and (e) any content you publish, schedule, approve, or transmit through the Service, including through automation you enable — except to the extent the claim arises from our own gross negligence, willful misconduct, or breach of the Agreement.
We will give you prompt written notice of any claim for which we seek indemnification (though a failure to do so relieves you only to the extent you are prejudiced). We may, at our option, assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate with us. You will not settle any matter that imposes any obligation or admission on us without our prior written consent, and we will not settle any matter that imposes any non-indemnified obligation or admission on you without your prior written consent.
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND US TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS.
Informal resolution first. Before starting an arbitration, the party asserting a dispute (whether you or we) will send a written notice of dispute to the other — to you at your account email, and to us at jbaron@audience-builders.com — describing the dispute and the relief sought, and the parties will negotiate in good faith for at least sixty (60) days. This process is a condition precedent to commencing arbitration for both parties.
Agreement to arbitrate. You and we agree that any dispute, claim, or controversy arising out of or relating to the Agreement or the Service (a "Dispute") that is not resolved informally will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") under the AAA's Commercial Arbitration Rules (and, where applicable, its Consumer Arbitration Rules), rather than in court, except as provided below. The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitration will be conducted in Baltimore County, Maryland, or by videoconference or on documents where the rules permit, and the arbitrator's award may be entered in any court of competent jurisdiction.
Delegation. The arbitrator, and not any court, has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of it is void or voidable — except that a court, and not the arbitrator, decides the enforceability of the class-action and representative-action waiver below.
Arbitration fees. For any Dispute subject to the AAA Consumer Arbitration Rules, we will pay all AAA filing, administrative, and arbitrator fees that exceed the fee you would pay to file the same claim in the court that would otherwise have jurisdiction; otherwise, each party bears its own fees and costs, except as the arbitrator may award under applicable law.
Class-action and representative-action waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any form of class or representative proceeding. Notwithstanding anything to the contrary, if this waiver is held unenforceable as to any claim seeking classwide or representative relief, that claim, and only that claim, must proceed in a court of competent jurisdiction and not in arbitration, while all other claims remain in arbitration; IN NO EVENT WILL ANY ARBITRATION PROCEED ON A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE BASIS.
Coordinated (mass) arbitration. If 25 or more similar demands for arbitration are asserted against us by or with the assistance of the same or coordinated counsel, the demands will be administered in staged batches of no more than 50, with a limited number of bellwether cases resolved first and the results used to inform resolution of the remainder; the applicable limitations period is tolled for demands awaiting a batch.
Jury-trial waiver. TO THE EXTENT ANY DISPUTE IS PERMITTED TO PROCEED IN COURT, YOU AND WE EACH KNOWINGLY AND IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY.
Exceptions. Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek temporary or preliminary injunctive or other equitable relief in a court of competent jurisdiction, pending the outcome of arbitration, to prevent the actual or threatened infringement or misuse of intellectual property or Confidential Information, without the necessity of posting a bond or other security to the extent permitted by law. These actions are not subject to the arbitration requirement.
Opt-out. You may opt out of this arbitration agreement by sending written notice to jbaron@audience-builders.com within thirty (30) days after you first accept these Terms, stating your name, account email, and an unambiguous statement that you decline to arbitrate. A material change to this Section 17 also gives you a new 30-day opt-out. Opting out will not affect any other part of the Agreement.
Time limit. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY DISPUTE MUST BE FILED WITHIN ONE (1) YEAR AFTER IT ARISES, OR IT IS PERMANENTLY BARRED, AS ALSO PROVIDED IN SECTION 21.
The Agreement and any Dispute are governed by the laws of the State of Maryland, without regard to its conflict-of-laws rules, and by applicable U.S. federal law. The United Nations Convention on Contracts for the International Sale of Goods does not apply. To the extent any Dispute is not subject to arbitration and may be brought in court, the parties submit to the exclusive jurisdiction and venue of the state courts located in Baltimore County, Maryland and the U.S. District Court for the District of Maryland, and waive any objection to that venue.
We may modify the Agreement from time to time. Whenever we change any document that forms part of the Agreement, we will post the updated document on the Service with a new version and effective date, and each user will be asked to review and accept the updated Agreement the next time they open or reload the Service while signed in (if you already have the Service open, you may be asked when you return to it, or asked to reload it). You accept an update only by agreeing to it on the screen that asks you to. Until you accept, you will not be able to continue using the Service's application, other than to review the updated documents, to sign out, to accept an invitation to join a brand, or, if you are an owner of a subscription's billing brand (as described in the Software License & Subscription Agreement), to manage or cancel that subscription, although a page you opened before the update may keep working until it is reloaded. We may also tell you about a change by in-product notice or by email. Changes take effect prospectively, on the effective date shown on the updated document or, if you accept the update before that date, when you accept it; changes to how the Service works, including its limits, may apply to your brands from that date whether or not you have accepted the update yet. Each new version replaces all earlier versions, including an earlier version whose stated effective date is later than its own. Changes to Section 7 (Third-Party Platforms and Services), Section 14 (Disclaimer of Warranties), Section 15 (Limitation of Liability), Section 17 (Dispute Resolution), or the force majeure provision in Section 21 will not apply to any Dispute of which we had notice, or that had arisen, before the change's effective date. Features set up for your brands before a change, such as scheduled posts and Livestreams, Auto-Dispatch, Meeting Watch, keyword alerts, and API keys, keep running while your acceptance is pending, and their running is not your acceptance. If you do not agree to a change, you must stop using the Service. While the Service's application is unavailable to you, you can also ask us at support@dispatchsocial.app to turn off those features for your brands or to cancel any paid subscription; cancellation is otherwise governed by the Software License & Subscription Agreement.
We may provide notices to you by in-product message, by email to the address associated with your account, or by posting on the Service. You consent to receiving notices electronically. Legal notices to us must be sent to jbaron@audience-builders.com, with a copy to 1 Olympic Place, Suite 1240, Towson, MD 21204.
Questions about these Terms may be sent to support@dispatchsocial.app. Legal notices must be sent to jbaron@audience-builders.com and 1 Olympic Place, Suite 1240, Towson, MD 21204.