RealAI

RealAI

TERMS OF SERVICE

Date of Last Revision: May 18, 2026
RealAI Systems, LLC (“RealAI,” “we,” “us,” or “our”), a wholly-owned subsidiary of Rise Companies Corp., provides its products and services to you through its website located at realai.com (the “Site”) and through its mobile applications and related technology and services (collectively, such products, services, including any new features and applications, and the Site, the “Service”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). By accessing, browsing, or otherwise using the Site or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Service. We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. You may read a current, effective copy of these Terms of Service by visiting the “Terms of Service” link on the Site. We will also notify you of any material changes, either through the Service user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Service or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Service.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST REALAI ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at /policies/privacy-policy (the “Privacy Policy”). All such terms are hereby incorporated by reference into these Terms of Service.

Access and Use of the Service

Your Registration Obligations: You may be required to register with RealAI in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by the Privacy Policy. If you are under 18 years of age, you are not authorized to use the Service, with or without registering. If you are not a resident of the United States, you are not authorized to use the Service, with or without registering.

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account details, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. We and our current and future affiliates (collectively, “Our Affiliates”) will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Service: We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we and Our Affiliates will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

General Practices Regarding Use and Storage: You acknowledge that RealAI may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on RealAI’s or its third-party service providers’ servers on your behalf. You agree that RealAI has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that RealAI reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that RealAI reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Mobile Services: The Service may include the ability to access certain features through a mobile application downloaded and installed on a mobile device (such application, the “Application”, and such services collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. In the event you change or deactivate your mobile telephone number, you agree to promptly update your RealAI account information to ensure that your messages are not sent to the person that acquires your old number.

License: Subject to the Terms of Service, RealAI hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to (a) install the Application on one mobile device and (b) use the Application for your own personal use. For clarity, the foregoing is not intended to prohibit you from installing the Application for another device on which you also agreed to the Terms of Service. Each instance of the Terms of Service that you agree to grants you the aforementioned rights in connection with the installation and use of the Application on one device.

Conditions of Access and Use

User Conduct: You are solely responsible for all information, data, text, files and other materials (“User Content”) that you upload or store (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of User Content and/or use that is illegal or prohibited by RealAI. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending User Content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:

  1. email or otherwise upload any User Content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, discriminatory or otherwise objectionable; or (vii) in the sole judgement of RealAI, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose RealAI or its users to any harm or liability of any type;

  2. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

  3. violate any applicable local, state, national or international law, or any regulations having the force of law;

  4. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

  5. solicit personal information from anyone under the age of 18;

  6. harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

  7. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;

  8. further or promote any criminal activity or enterprise or provide instructional information about illegal activities;

  9. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service;

  10. build your own algorithms; or

  11. create and/or improve in any way machine-learning models.

General Fees: You may be required to pay fees to access certain features of the Service and provide information regarding your credit card or other payment instrument. You represent and warrant to RealAI that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with RealAI or the Payment Processor (as defined below), as applicable, of any changes (for example, a change in your billing address or credit card expiration date) that may occur. All fees are in U.S. dollars and are non-refundable. If we change the fees for all or part of any of the Service, including by adding fees or charges, we will provide you advance notice of those changes. If you do not accept the changes, we may discontinue providing the applicable part of the Service to you. Our authorized third-party payment processors will charge the payment method you specified at the time of purchase or as agreed to as part of the selected Service. You authorize us to charge all fees as described in these Terms of Service for the selected Service to that payment method. If you pay any fees with a credit card, we may seek pre-authorization of your credit card account before your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. If you wish to dispute any charges, you must let RealAI know within sixty (60) days after the date that RealAI charges you, or within such longer period of time as may be required under applicable law.

Subscription Service Fees: The Service may include features that allow for automatically recurring payments for periodic charges (“Subscription Service”). If you decide to activate a Subscription Service, you hereby authorize us (including through any Payment Processor) to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums, and you agree to pay any charges so incurred. The subscription will continue unless and until you cancel your subscription, or we terminate it. You must cancel your Subscription Service before it renews in order to avoid billing of the next periodic subscription fee to your account. We will bill the periodic subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). We may change the subscription fee for any subsequent subscription period but will provide you advance notice of any increase before it applies. You may cancel a Subscription Service through the settings page in your account or by contacting us at contact@realai.com.

Payment Processing: Notwithstanding any amounts owed to RealAI hereunder, REALAI DOES NOT PROCESS PAYMENT FOR ANY SERVICES. To facilitate payment for the Service via bank account, credit card, or debit card, we use third-party payment processors (“Payment Processors”). These payment processing services are provided by the Payment Processors and are subject to the applicable Payment Processor’s terms and conditions, privacy policy, and all other relevant agreements (collectively, the “Payment Processor Agreements”). By agreeing to these Terms of Service, users that use the payment functions of the Service also agree to be bound by the applicable Payment Processor Agreement for the payment function the user is using, as the same may be modified by the applicable Payment Processor from time to time. You hereby authorize the applicable Payment Processor to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact the applicable Payment Processor for more information. RealAI assumes no liability or responsibility for any payments you make through the Service.

Export Controls: Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No software may be downloaded from the Service or otherwise exported or re-exported in violation of United States export laws. You represent and warrant that you are not (a) a resident of a country other than the United States; (b) an entity organized under the laws of a country other than the United States; (c) designated on any list of prohibited, restricted, or sanctioned parties maintained by the United States government or agencies or other applicable governments or agencies, including the United States Department of Treasury's Office of Foreign Assets Control’s Specially Designated Nationals and Blocked Persons List and the UN Security Council Consolidated List; nor (d) 50% or more owned by any party designated on any of the above lists. RealAI may terminate your account immediately without notice or liability to comply, as determined in RealAI’s sole discretion, with applicable export controls and sanctions laws and regulations, or in the event that you do not comply with the terms above.

Downloading or using the software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable User Content.

Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.

Electronic Transactions and Disclosures: Because RealAI operates only on the Internet, it is necessary for you to consent to transact business with us online and electronically. As part of doing business with us and Our Affiliates, therefore, we also need you to consent to our giving you certain disclosures electronically (“Disclosures”), either via our Site or to the email address you provide to us. By agreeing to the Terms of Service, you agree to receive electronically all documents, communications, notices, contracts, and agreements arising from or relating to your use of the Site and Service, from us or Our Affiliates.

Electronic Communications: Any Disclosures will be provided to you electronically either through our Site or via electronic mail to the verified email address you provided. If you require paper copies of such Disclosures, you may write to us at the mailing address provided below and a paper copy will be sent to you at a cost of up to $5.00. A request for a paper copy of any Disclosure will not be considered a withdrawal of your consent to receive Disclosures electronically. We may discontinue electronic provision of Disclosures at any time in our sole discretion, in which case we will provide you with paper copies.

Scope of Consent: Your consent to receive Disclosures and transact business electronically, and our agreement to do so, applies to any transactions to which such Disclosures relate, whether between you and RealAI or between you and Our Affiliates. Your consent will remain in effect for so long as you are a user of the Services and, if you are no longer a user of the Services, will continue until such a time as all Disclosures relevant to transactions that occurred while you were a user of the Services have been made.

Consenting to Do Business Electronically: Before you decide to do business electronically with RealAI or Our Affiliates, you should consider whether you have the required hardware and software capabilities described below.

Hardware and Software Requirements: In order to access and retain Disclosures electronically, you must satisfy the following computer hardware and software requirements: access to the Internet; an email account and related software capable of receiving email through the Internet; supported Web browsing software (three most recent versions of Google Chrome, Microsoft Edge, Firefox, or Safari); and hardware capable of running this software.

TCPA Consent: You expressly consent to receiving calls and messages, including auto-dialed and pre-recorded message calls, and SMS messages (including text messages) from us, Our Affiliates, agents and others calling at their request or on their behalf, at any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers). Your cellular or mobile telephone provider will charge you according to the type of plan you carry.

Additional Mobile Technology Requirements: If you are accessing our Site and the Disclosures electronically via a mobile device (such as a smart phone, tablet, and the like), in addition to the above requirements you must make sure that you have software on your mobile device that allows you to print and save the Disclosures presented to you during the application process. These applications can be found for most mobile devices in the device’s respective “app store”. If you do not have these capabilities on your mobile device, please access our Site through a device that provides these capabilities.

Withdrawing Consent: You may not withdraw such consent as long as you are using the Service. If you are no longer using the Service and wish to withdraw consent to doing business electronically, we will terminate your registered user account with us.

How to Contact Us regarding Electronic Disclosures: You can contact us via email at contact@realai.com. You may also reach us in writing to us at the following address: RealAI Systems, LLC, 11 Dupont Circle NW, 9th Floor, Washington, DC 20036.

You will keep us informed of any change in your email or home mailing address so that you can continue to receive all Disclosures in a timely fashion. If your registered email address changes, you must notify us of the change by sending an email to contact@realai.com. You also agree to update your registered residence address and telephone number on the Site if they change.

You will print a copy of this Agreement for your records and you agree and acknowledge that you can access, receive and retain all Disclosures electronically sent via email or posted on the Site.

Intellectual Property Rights

Ownership of User Content Transmitted Through the Service: All User Content uploaded by you through the Service into your account or created or generated by you within your account is your property, as between RealAI and you. If you are given permission by another customer of RealAI to access such other customer’s account within the Service, then, as between you and such other customer, the other customer will remain the owner and data controller of any data uploaded or manipulated within such other customer’s account. For the avoidance of doubt, User Content expressly excludes, as defined in these Terms of Service (a) any data and content accessed by you which belongs to RealAI or another RealAI customer and (ii) Usage Data (as defined below). With respect to your User Content, you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. You assume all risk associated with your User Content and the transmission of your User Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of your User Content.

Ownership of RealAI Intellectual Property and Developments: The RealAI Trademarks (as defined below), Service, Aggregate Data (as defined below), Usage Data, and RealAI’s Confidential Information (as defined below) (collectively, the “RealAI Intellectual Property”) are and will remain the property of RealAI and its licensors, and all right, title and interest in and to the RealAI Intellectual Property, including all associated intellectual property rights, remain only with RealAI and its licensors, along with any know-how, inventions, methods or techniques related to the Services developed or conceived as a result of RealAI providing, or you using, the Services, including without limitation any derivative works, improvements or enhancements and/or extensions of the foregoing (collectively, the “Developments”). The RealAI name and logos are trademarks and service marks of RealAI Systems, LLC (collectively the “RealAI Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to RealAI. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the RealAI Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of the RealAI Trademarks will inure to our exclusive benefit. You hereby unconditionally and irrevocably assign to RealAI any and all rights you might otherwise acquire in the RealAI Intellectual Property and any Developments as a result of its use of the Services or otherwise. You may not make any modification to the Services, including removal or modification of any proprietary marking or restrictive legends contained therein. RealAI reserves all rights unless expressly granted in these Terms of Service.

License to User Content: RealAI maintains technical and organizational measures for protection of the security, confidentiality and integrity of your User Content. Subject to the terms of these Terms of Service, you hereby grant to RealAI a non-exclusive, royalty-free, fully paid up, non-sublicensable (except to contractors, consultants and other service providers performing services on behalf of RealAI), non-transferable (except as expressly permitted by these Terms of Service) right and license to copy, distribute, display, create derivative works of and otherwise use your User Content to provide and operate the Service and otherwise perform RealAI’s obligations under these Terms of Service and as otherwise set forth in our Privacy Policy. RealAI will not be responsible for modifications, manipulations, updates or deletions to your User Content made by users nor responsible for confirming the accuracy of any User Content. During the term of these Terms of Service, you may export your User Content as allowed by the functionality within the Service. Upon expiration or termination of these Terms of Service, RealAI may retain an archival copy of your User Content kept in the normal course of business or for purposes of complying with applicable law, provided that such archival copy will be retained on a confidential basis for the duration of its retention.

Feedback: You may from time to time provide RealAI suggestions or comments for enhancements or improvements, new features or functionality or other feedback (“Feedback”) with respect to the Service. RealAI will have full discretion to determine whether or not to proceed with the development of any requested enhancements, new features or functionality. RealAI will have the full, unencumbered right, without any obligation to compensate or reimburse you, to use, incorporate, license and otherwise fully exercise and exploit any such Feedback in connection with its products and services. All Feedback is provided “AS IS” and RealAI will not publicly identify you as the source of Feedback without your permission.

Machine Learning: The Service includes proprietary and third party advanced technologies, such as artificial intelligence, machine learning systems, third party large language models, and similar technology and features (together, “AI Technology”). Due to the nature of AI Technology, information, content, recommendations, or data generated by such AI Technology (“Output”) may be incorrect or inaccurate. The Service features that include AI Technology are not a substitute for human oversight. You acknowledge and agree that:

  1. Output received from the Service may contain errors or misleading information and may not always be accurate or reliable. You should not rely on information from the Service as a sole source of truth or factual information, or as a substitute for professional advice.

  2. You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using such information.

  3. You must not use any information received from the Service relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them.

  4. RealAI bears no liability to you or anyone else arising from or relating to your use of AI Technology.

Aggregated Data; Usage Data: RealAI may utilize your User Content in a de-identified form as a component in the creation of aggregated data sets, solely to the extent that such derivative data is fully anonymized and de-identified (such derived data the “Aggregate Data”). “Usage Data” means data collected by RealAI in monitoring the performance and use of the Service by you, and may include, without limitation, date and time that users access the Services, the portions of the Services visited, the frequency and number of times the Services are accessed, and other performance data. Usage Data may be shared on a confidential basis with RealAI’s own service providers and may not be disclosed in a non-confidential manner unless it has been anonymized and de-identified. RealAI is the sole owner of all right, title, and interest in and to the Aggregate Data, Usage Data, and any combination thereof, and may be used by RealAI for any lawful purpose, including, for the avoidance of doubt to improve and develop RealAI’s products and services.

Confidentiality: Each party agrees that it will use the Confidential Information of the other party solely in accordance with the provisions of these Terms of Service and it will not disclose the same directly or indirectly, to any third party without the other party’s prior written consent, except as otherwise permitted hereunder. However, either party may disclose Confidential Information (a) to its employees and other representatives who have a need to know and are legally bound to keep such information confidential by confidentiality obligations consistent with those of this Terms of Service; and (b) as required by law. Each party agrees to exercise due care in protecting the Confidential Information from unauthorized use and disclosure. In the event of actual or threatened breach of the provisions of this Section, the non-breaching party will be entitled to seek immediate injunctive and other equitable relief, without waiving any other rights or remedies available to it. As used herein, “Confidential Information” means any information disclosed by either party that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential in light of the nature of the information and the circumstances surrounding disclosure. However, “Confidential Information” will not include any information which (i) is in the public domain through no fault of receiving party; (ii) was properly known to receiving party, without restriction, prior to disclosure by the disclosing party; (iii) was properly disclosed to receiving party, without restriction, by another person with the legal authority to do so; or (iv) is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information. You acknowledge and agree that RealAI may preserve your Confidential Information and User Content and may also disclose your Confidential Information and User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (A) comply with legal process, applicable laws or government requests; (B) enforce these Terms of Service; (C) respond to claims that any User Content violates the rights of third parties; or (D) protect the rights, property, or personal safety of RealAI, its users and the public. You understand that the technical processing and transmission of the Service, including your User Content, may involve (1) transmissions over various networks; and (2) changes to conform and adapt to technical requirements of connecting networks or devices.

Technology Restrictions: You will not directly or indirectly: (a) reverse engineer, decompile, disassemble, modify, create derivative works of or otherwise create, attempt to create or derive, or permit or assist any third party to create or derive, the source code underlying the Service; (b) attempt to probe, scan or test the vulnerability of the Service, breach the security or authentication measures of the Service without proper authorization or willfully render any part of the Service unusable; (c) use or access the Service to develop a product or service that is competitive with RealAI’s products or services or engage in competitive analysis or benchmarking; (d) transfer, distribute, resell, lease, license, or assign the Service or otherwise offer the Service on a standalone basis; (e) engage, nor permit others to engage, in any scraping of, or the use of any text or data mining, robots, or similar data gathering or extraction methods on or affecting, any content, data, or other materials in connection with use of the Service; (f) otherwise use the Service in violation of applicable law (including any export law) or outside the scope expressly permitted hereunder; or (g) upload any personal data or personally identifiable information to the Service.

Third Party Materials

The Service may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links or other access to other sites and resources on the Internet. RealAI has no control over such Third Party Materials or websites and resources including for the accuracy, availability, reliability, or completeness of information shared by or available through Third Party Materials, or on the privacy practices of Third Party Materials. We are not responsible for and do not endorse such sites and resources. We encourage you to review the privacy policies of the third parties providing Third Party Materials prior to using such services. You, and not RealAI or any Affiliate, will be responsible for any and all costs and charges associated with your use of any Third Party Materials. Company enables these Third Party Materials merely as a convenience and the integration or inclusion of such Third Party Materials does not imply an endorsement or recommendation. You further acknowledge and agree that RealAI will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party Materials, content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that RealAI is not liable for any loss or claim that you may have against any such third party.

Indemnity and Release

To the extent permitted under applicable law, you agree to release, defend, indemnify and hold RealAI and Our Affiliates and our and their officers, employees, directors, service providers, licensors, and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. RealAI will provide notice to you of any such claim, suit, or proceeding. RealAI reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and you agree to cooperate with any reasonable requests assisting RealAI’s defense of such matter. You may not settle or compromise any claim against the Indemnitees without RealAI’s written consent. You may not settle or compromise any claim against an Indemnitee without our written consent. If you are a California resident, you waive California Civil Code Section 1542, 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.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Disclaimers

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. REALAI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT.

REALAI MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT REALAI WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF REALAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL REALAI’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR TO THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “INDEMNIFICATION,” “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

Dispute Resolution By Binding Arbitration:

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

  1. Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and RealAI, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Service, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and RealAI are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

  1. Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND REALAI AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND REALAI AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

  1. Pre-Arbitration Dispute Resolution

RealAI is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at contact@realai.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to RealAI should be sent to 11 Dupont Circle NW, 9th Floor, Washington, DC 20036 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If RealAI and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or RealAI may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by RealAI or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or RealAI is entitled.

  1. Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless RealAI and you agree otherwise, any arbitration hearings will take place in the State of Virginia, in the Washington, DC metropolitan area. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, RealAI agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

  1. Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, RealAI will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, RealAI will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, RealAI will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

  1. Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

  1. Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.

  1. Future Changes to Arbitration Agreement

Notwithstanding any provision in this Terms of Service to the contrary, RealAI agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending RealAI written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

Termination

You agree that RealAI, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any User Content within the Service, for any reason, including, without limitation, for lack of use or if RealAI believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. RealAI may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that RealAI may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that RealAI and Our Affiliates will not be liable to you or any third party for any termination of your access to the Service.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service, and RealAI and Our Affiliates will have no liability or responsibility with respect thereto. RealAI reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

General

These Terms of Service constitute the entire agreement between you and RealAI and govern your use of the Service, superseding any prior agreements between you and RealAI with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of Delaware without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and RealAI agree to submit to the personal and exclusive jurisdiction of (i) the United States District Court for the District of Delaware, or (ii) solely to the extent there is no applicable federal jurisdiction over such dispute or matter, in the Court of Chancery for New Castle County, Delaware. The failure of RealAI to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of RealAI, but RealAI may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service. RealAI will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond RealAI’s reasonable control.

Your Privacy

We respect the privacy of our users. For details on how we handle the information you provide to us when you use the Service, please see the Privacy Policy available at /policies/privacy-policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

Notice for California Users

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at dca@dca.ca.gov; (b) in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (c) by telephone at (800) 952-5210. You may contact us at RealAI Systems, LLC, 11 Dupont Circle NW, 9th Floor, Washington, DC 20036, 202-584-0550.

U.S. Government Restricted Rights

The Service is made available to the U.S. government with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Access or use of the Service (including any associated software) by the U.S. government constitutes acknowledgement of our proprietary rights in the Service (including any associated software).

Questions? Concerns? Suggestions?

Please contact us at contact@realai.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.