Terms and Conditions – Spike Technology, LLC

1. Use of Services

You may use the Services only in compliance with these Terms and all applicable laws and regulations. You agree not to:

• Use the Services for unlawful purposes
• Interfere with or disrupt system performance or security
• Attempt to reverse engineer or misuse the platform
• Upload infringing, harmful, or illegal content
• Decompile, or attempt to extract source code or AI models
• Attempt to scrape, replicate, or benchmark the Services for competitive purposes
• Use automated systems to access the Services without authorization
• Circumvent security or rate limits

We reserve the right to suspend or terminate access for violations of these Terms.

2. AI-Generated Insights Disclaimer

Our Services use automated systems and third-party AI-assisted tools to generate analytics, dashboards, forecasts and insights (“AI Outputs”). You acknowledge and agree that:

• Outputs are informational and advisory only
• They do not constitute legal, financial, tax, investment or business advice
• Final decisions and actions remain the responsibility of the user
• Outputs may not be unique and may be similar to outputs provided to other users
• You are solely responsible for reviewing and validating any AI Output before relying on it

You acknowledge that AI-generated insights may contain errors, omissions, limitations, biases or inaccuracies depending on data quality and context. The Company makes no representation or warranty regarding the accuracy, completeness, or reliability of AI Outputs.

3. User Accounts Registration and Eligibility

(Include if applicable) The Services are intended solely for individuals who are at least 18 years of age. By using the Services, you represent and warrant that you are 18 years of age or older.

If you create an account, you are responsible for:

• Maintaining the confidentiality of login credentials. Do not share your login credentials.
• All activity that occurs under your account
• Providing accurate and current information
• You must notify us immediately of unauthorized use

We reserve the right to suspend or terminate accounts that violate these Terms.

4. Intellectual Property

All content, software, AI models, algorithms, designs, trademarks, and materials provided by Spike Technology are owned by the company or its licensors and protected by intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for internal business or personal use.

You may not copy, distribute, modify, or create derivative works, sell or sublicense the Services without prior written permission.

5. Customer Data

You retain ownership of the data you upload (“Customer Data”) to the platform.

By using our Services, you grant us a limited, worldwide, non-exclusive license to:

• Process Customer Data
• Host and transmit Customer Data
• Use Customer Data to provide, maintain, and improve the Services

We will process personal data in accordance with our Privacy Policy and applicable data protection laws.

Unless explicitly stated in our Privacy Policy, we do not use Customer Data to train generalized AI models without consent.

6. Third-Party Services

The Services rely on third-party service providers, including artificial intelligence model providers, hosting providers, and payment processors. We are not responsible for:

• Interruptions caused by third-party services
• Accuracy limitations of third-party AI system
• Changes to third-party policies

You use of third-party integrations may be subject to separate terms.

7. Limitation of Liability & Warranty Disclaimer

To the maximum extent permitted by law:

• We are not liable for indirect, incidental, special, punitive or consequential damages
• Our total liability will not exceed the amount paid by you to us in the prior 12 months

The Services are provided “as is” without warranties of any kind.

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy of AI Outputs
• Uninterrupted or error-free operation

8. Indemnification

You agree to indemnify and hold harmless Spike Technology from claims arising out of:

• Your misuse of the Services
• Your violation of these terms
• Your violation of applicable laws
• Content you upload

We reserve the right to control defense and settlement.

9. Modifications

We may update these Terms from time to time. Material changes will be communicated via email or in-app notice. Continued use of the Services after the acceptance date constitutes acceptance of the revised Terms.

10. Governing Law

These Terms are governed by the laws of the State of New Jersey, without regard to conflict of law principles.

11. Assignment

You may not assign these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

12. Entire Agreement and Severability

These Terms constitute the entire agreement between you and Spike Technology and supersede prior agreements.

If any provision is unenforceable, the remaining provisions remain in effect.

13. Force Majeure

We are not liable for failure or delay due to causes beyond our reasonable control, including outages, cyberattacks, infrastructure failures, or third-party service disruptions.

14. Arbitration and Dispute Resolution (New Jersey)

PLEASE READ THIS SECTION CAREFULLY

Any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules.

• Arbitration shall take place in New Jersey.
• The arbitration shall be conducted by a single arbitrator.
• Each party waives the right to a jury trial.
• You agree to bring claims only in your individual capacity and not as part of a class action.

Nothing prevents either party from seeking relief in small claims court.

15. Data Protection (GDPR & CCPA Compliance)

A. GDPR (EU/UK Users)

If you are located in the European Economic Area or United Kingdom:

• We act as a data controller for account and usage data.
• We process data under lawful bases including contract performance and legitimate interests.
• You have rights to access, rectify, erase, restrict processing, object, and data portability.
• You may withdraw consent at any time where processing is based on consent.
• International transfers are conducted using appropriate safeguards such as Standard Contractual Clauses.

You may exercise rights by contacting: liza@spiketechnology.ai

B. CCPA/CPRA (California Residents)

If you are a California resident:

• You have the right to know what personal information we collect.
• You have the right to request deletion.
• You have the right to opt-out of the sale or sharing of personal information (if applicable).
• We do not sell personal information for monetary compensation.

Requests may be submitted via email at liza@spiketechnology.ai.

16. Termination

You may terminate your account at any time.

We may suspend or terminate your access:

• For violations of these Terms
• If required by law
• For security risks
• For non-payment

Upon termination:

• Access to Services ceases
• We may delete or retain data in accordance with our Privacy Policy.
• Sections relating to liability, arbitration, indemnification, and intellectual property survive.

17. Subscription, Billing, and Auto-Renewal

Certain features of the Services require a paid subscription.

By purchasing a subscription:

• You authorize us (or our third-party payment processor) to charge your selected payment method
• Subscriptions automatically renew at the end of each billing cycle unless canceled before renewal
• You may cancel at any time through your account settings
• Fees are non-refundable except as required by law
• We may change pricing with advance notice

For users subscribing through the Apple App Store or Google Play, billing is managed by the applicable platform and subject to their terms.

16. Consent

Questions about these Terms?

Contact us at liza@spiketechnology.ai