SpecMind — Terms of Use
Last Updated: March 25, 2026
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SERVICE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT ACCESS THIS SERVICE, USE THE SERVICE, OR INDICATE ACCEPTANCE OF THESE TERMS.
These Terms of Use (“Terms” or “Terms of Use”) constitute an agreement between you (“you” or the “user”) and Runic LLC, operating as SpecMind (“SpecMind,” “we,” “us,” or “our”). Our mobile application, web application, and website (collectively, the “Service”) are owned and operated by SpecMind. Through the Service, you may have access to a variety of resources and content including, but not limited to: (a) artificial intelligence-powered inspection assistance tools, including but not limited to the Snaplog feature, Enhance with AI feature, Property Intelligence feature, and pre-departure checklists (“AI Features”); (b) inspection report generation, management, and delivery tools (“Reporting Tools”); (c) property data retrieved from third-party data providers (“Property Data”); (d) standards of practice reference materials, deficiency templates, field knowledge, and other professional reference content (“Reference Materials”); and (e) digital representations of materials, web pages, data, messages, text, images, logos, photographs, graphics, and documents (“Materials”). The AI Features, Reporting Tools, Property Data, Reference Materials, and Materials provided through or on the Service are collectively referred to as “Content.” Access and use of the Service and Content are provided by SpecMind to you on condition that you accept these Terms of Use. By accessing or using the Service or Content, you signify that you have read, understand, and agree to be bound by these Terms of Use. If you do not agree to accept these Terms of Use, you may not access or use the Service or Content.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION PROVISION AND CLASS ACTION WAIVER” SECTION BELOW, AND UNLESS YOU OPT-OUT AS SET FORTH IN THAT SAME SECTION, BY ACCESSING OR USING THE SERVICE OR CONTENT YOU AGREE THAT DISPUTES BETWEEN YOU AND SPECMIND WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AT THE ELECTION OF EITHER PARTY, AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS OR TO PARTICIPATE IN A CLASS, PRIVATE ATTORNEY GENERAL, REPRESENTATIVE, OR COLLECTIVE ACTION IN COURT OR IN ARBITRATION.
We reserve the right at any time to change: (i) the terms and conditions of these Terms of Use; (ii) the Service and Content, including terminating, eliminating, supplementing, modifying, adding, or discontinuing any content or feature or data or service on or available through the Service or the hours that they are available; (iii) any fees or charges, if any, related to the access or use of the Service or Content; and (iv) the equipment, hardware, or software required to use and access the Service and Content.
Any changes we make to these Terms of Use will be effective immediately upon posting on the Service. Please return to the Service periodically to ensure you are familiar with the most current version of these Terms of Use.
1. YOU AGREE TO OUR PRIVACY POLICY
SpecMind has made a commitment to protecting the privacy of those who access or use the Service or Content. Please review our Privacy Policy, which is incorporated by reference in these Terms of Use. By accessing or using the Service or Content, you are consenting to and agreeing to be bound by the Privacy Policy.
When you access or use the Service or Content, you consent to receive communications from us electronically via the Service, email, or otherwise. You agree to provide accurate, current, and complete information about yourself when you access or use the Service or Content and to update such information while you continue to access or use the Service or Content.
To the extent permitted by law, SpecMind reserves the right to automatically process your personal information and inspection data using technologies that use machine learning and/or artificial intelligence, including third-party AI services. You further acknowledge that by using certain aspects of the Service or Content, including but not limited to the AI Features, you may be interacting with functions that involve the use of machine learning or artificial intelligence, and that your inspection data, comments, observations, and photographs may be transmitted to third-party AI service providers for processing.
2. USE OF THIS SERVICE
If you access the Service or Content from outside of the United States, you do so at your own risk and are responsible for compliance with local, national, or international laws. In particular, you understand that this Service, Content, or both may not be available in all countries and that you are responsible for ensuring that it is lawful for you to access and use the Service and Content in your location.
You are responsible for making sure you can access and use the Service and Content in the location you reside in. Continuing to access or use the Service or Content represents and warrants to us that you have verified that you are permitted to access and use the Service and Content in your jurisdiction.
3. AI FEATURES AND LIMITATIONS
The Service includes AI-powered features that assist home inspectors in documenting, classifying, and enhancing inspection findings. You acknowledge and agree to the following:
(a) AI-generated content is advisory only.All AI-generated text, classifications, recommendations, watch list items, checklists, and other outputs produced by the AI Features are intended to assist the inspector and are not a substitute for the inspector’s professional judgment, training, expertise, or obligations under applicable standards of practice.
(b) The inspector is solely responsible for all inspection findings and reports. You are responsible for reviewing, editing, approving, and taking full ownership of all content in your inspection reports, whether generated by AI or entered manually. SpecMind does not perform home inspections and is not responsible for the accuracy, completeness, or adequacy of any inspection or inspection report.
(c) AI outputs may contain errors. AI-generated content may occasionally be inaccurate, incomplete, or inappropriate for the specific circumstances of a given inspection. You must exercise independent professional judgment before including any AI-generated content in a report delivered to a client.
(d) Property Intelligence data is informational only.Watch list items, contextual hints, and other Property Intelligence outputs are generated based on general property characteristics (such as year built, property type, and location) combined with general industry knowledge. These outputs do not constitute a substitute for the inspector’s on-site evaluation and are not guaranteed to identify all potential issues at a given property.
(e) Third-party data providers. Property data used by the AI Features may be sourced from third-party data providers. SpecMind does not guarantee the accuracy, completeness, or timeliness of third-party property data.
(f) Standards of practice references. The Service includes references to standards of practice published by the American Society of Home Inspectors (ASHI) and various state regulatory bodies. These references are provided for informational and compliance assistance purposes. The inclusion of SoP references does not constitute legal advice. You are solely responsible for understanding and complying with the standards of practice applicable in your jurisdiction.
4. SPECIFIC CONTENT AND AREAS OF THE SERVICE
Certain areas and functionalities of the Service or Content have additional rules, guidelines, subscription agreements, license agreements, user agreements, or other terms and conditions, including any service plans, ordering documents, and exhibits that apply to your access or use of such area of the Service or Content (collectively, “Additional Terms”). These Additional Terms are hereby incorporated into these Terms by this reference. If there is a conflict or inconsistency between these Terms of Use and any Additional Terms applicable to a specific area of the Service or Content, the Additional Terms shall have precedence with respect to your access and use of that area of the Service or Content.
5. ELIGIBILITY
You represent and warrant that you: (a) are above the legal age of majority in your jurisdiction of residence; (b) have not previously been suspended or removed from the Service or Content; (c) have full power and authority to enter into these Terms, and in doing so will not violate any other agreement to which you are a party; and (d) if using the Service in a professional capacity as a home inspector, that you hold all licenses, certifications, and qualifications required by the jurisdiction(s) in which you perform inspections.
6. YOUR ACCOUNT
In order to access and use certain areas and functionalities of the Service and Content, you may need to sign up for, open, and maintain an account (your “Account”) with us. Prior to completing the signup process for your Account, you may be required to confirm your acceptance of these Terms and/or Additional Terms. If you do not agree to such Additional Terms and/or these Terms of Use, you may not sign up for an Account and you shall not have the right to access or use such areas of the Service and Content.
You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You agree to notify us immediately of any unauthorized use of your Account.
WE HEREBY DISCLAIM ANY AND ALL LIABILITY FOR ANY UNAUTHORIZED USE OF YOUR ACCOUNT FOR WHICH WE ARE NOT RESPONSIBLE.
Any conduct that in our sole discretion restricts or inhibits anyone else from using or enjoying the Service or Content will not be permitted. We reserve the right in our sole discretion to remove or edit any content and to terminate your Account for any reason.
If you wish to delete your Account, you can do so at any time, but you will still be bound by your obligations under these Terms.
7. MOBILE DEVICES
If you use a mobile device to access the Service or Content, the following additional terms and conditions also apply.
You understand that wireless service through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage, or other service changes made by your mobile service provider or otherwise. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Service or Content. All such charges are billed by and payable to your mobile service provider.
8. ELECTRONIC MESSAGES
By accessing or using the Service or Content, signing up for services through the Service, creating an Account with us, or typing your name into any of our electronic forms and indicating your acceptance or submission of information by clicking a box, you consent to (i) us communicating with you electronically; (ii) receiving all applications, notices, disclosures, and authorizations from us (collectively, “Records”) electronically; and (iii) entering into agreements and transactions using electronic Records and signatures. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You agree to be responsible for keeping your own Records.
9. USER CONTENT AND INSPECTION DATA
You are solely responsible for the content and information (collectively referred to as “User Content”) that you create, upload, store, or transmit through the Service, including but not limited to inspection data, photographs, comments, observations, notes, and report content.
By submitting User Content to the Service, you grant SpecMind a royalty-free, perpetual, worldwide, irrevocable, non-exclusive right and license to use, process, store, reproduce, modify, and create derivative works from such User Content solely for the purposes of: (i) providing and operating the Service; (ii) generating AI-assisted outputs based on your inspection data; (iii) improving the Service and AI Features; and (iv) producing aggregate, de-identified analytics. SpecMind will not sell or publicly disclose your individual inspection reports or client information to third parties except as required by law or as described in our Privacy Policy.
User Content uploaded or otherwise communicated through the Service shall comply with all applicable laws and regulations.
You understand and agree that we, without any obligation to do so, may access, preserve, and disclose your Account and any User Content if required to do so by law or with the good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with an enforceable subpoena or other legal process; (ii) enforce these Terms; (iii) respond to claims that any information violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of SpecMind or its members, employees, agents, affiliates, partners, or any other person.
10. CODE OF CONDUCT
You are prohibited from using the Service to:
(a) Post or transmit any offensive, inaccurate, abusive, obscene, profane, threatening, defamatory, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights and rights of privacy and publicity).
(b) Upload material that harms or reasonably can be expected to harm any person or entity.
(c) Use the Service to engage in any illegal activity or encourage or advocate illegal activity.
(d) Attempt to reverse-engineer, decompile, disassemble, or otherwise derive the source code, algorithms, or data models underlying the AI Features.
(e) Use automated scripts, bots, or other technologies to access or interact with the Service in a manner not authorized by SpecMind.
(f) Misrepresent yourself as a SpecMind employee or representative of SpecMind.
(g) Use the AI Features to generate content for purposes unrelated to home inspection.
(h) Redistribute, resell, or sublicense the Reference Materials, AI-generated outputs, or any other Content provided through the Service without SpecMind’s prior written consent.
11. INTELLECTUAL PROPERTY
The Service, Content, any other materials or information downloaded, and all intellectual property pertaining to or contained on the Service (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks, and service marks) are owned by SpecMind or third parties; all rights, title, and interest will remain the property of SpecMind and/or such third-party owner, as applicable. All Content is protected by trade dress, copyright, patent, and trademark laws, as well as various other intellectual property and unfair competition laws.
Standards of practice content referenced in the Service is used with permission from the American Society of Home Inspectors (ASHI) and is attributed accordingly. State standards of practice are public regulatory documents published by the respective state licensing boards.
You are authorized to view and retain a copy of pages of the Service only for your own personal and professional use in connection with home inspection activities. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, or in any way distribute or exploit the Service or Content, or any portion of the Service or Content, for any public or commercial use, without our prior express written consent.
12. INTELLECTUAL PROPERTY INFRINGEMENT
SpecMind respects the intellectual property rights of others, and we ask you to do the same. SpecMind may, in appropriate circumstances and at our discretion, terminate service and/or access to the Service and Content to users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on the Service and/or Content, please provide SpecMind’s designated agent the following information:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(b) Identification of the copyrighted and/or trademarked work claimed to have been infringed.
(c) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit SpecMind to locate the material.
(d) Information reasonably sufficient to permit SpecMind to contact you as the complaining party.
(e) A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
SpecMind’s agent for notice of claims of copyright or trademark infringement can be reached at legal@specmind.ai.
13. AVAILABILITY
We cannot and do not promise that the Service or Content will be uninterrupted, secure, or error-free. We reserve the right to interrupt/suspend this Service or Content, or any part thereof, with or without prior notice for any reason. You acknowledge that AI Features depend on third-party AI service providers and third-party property data providers, and that the availability and performance of these features may be affected by factors outside of SpecMind’s control.
14. ACCESS TO THE INTERNET
You are solely responsible for obtaining and maintaining all internet, computer hardware, mobile devices, and other equipment needed to access and use the Service and Content, and you shall be solely responsible for all charges and fees related thereto.
15. CURRENCY OF SERVICE
SpecMind cannot and does not guarantee or accept any responsibility or liability for the accuracy, currency, or completeness of the information on this Service and Content. Standards of practice, building codes, and regulatory requirements change over time. SpecMind will use commercially reasonable efforts to keep Reference Materials current, but you are solely responsible for verifying that the information used in your inspections is accurate and up to date for your jurisdiction.
16. LINKS TO OTHER SITES AND SERVICES
This Service or Content may contain links to outside services and resources, the availability and content of which SpecMind does not control. The inclusion of these links does not imply that SpecMind monitors or endorses these sites. We are not responsible for examining or evaluating, and we do not warrant the offering of these services and resources or the content of these websites.
17. SECURITY
SpecMind makes no warranty whatsoever to you, express or implied, regarding the security of the Service or Content, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the Service or Content. You are required to notify us of any unauthorized use of the Service or Content by using the contact information in the “Contact Information” section below.
SPECMIND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY SOFTWARE, COMPUTER VIRUSES, OR OTHER DESTRUCTIVE, HARMFUL, OR DISRUPTIVE FILES OR PROGRAMS THAT MAY INFECT OR OTHERWISE IMPACT YOUR USE OF YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE SERVICE OR CONTENT OR YOUR DOWNLOADING OF ANY CONTENT.
18. SEVERABILITY/NO WAIVER
If any provision of these Terms of Use is found to be unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. SpecMind’s failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms.
Sections 17 (Security), 19 (Disclaimers), 20 (Limitation of Liability), 21 (Indemnification), 22 (Termination), and 23 (Arbitration Provision and Class Action Waiver) will survive any termination or expiry of these Terms of Use.
19. DISCLAIMERS
SpecMind offers certain services to home inspectors on a subscription basis (such users, the “Inspectors”) for their professional business use. If you are a client or customer of an Inspector who uses the SpecMind platform, you are solely responsible for your agreements and relationships with Inspectors. You acknowledge that SpecMind is neither an inspector nor is in the business of providing inspections. SpecMind is not responsible in any way for the provision of inspections or any other services offered by Inspectors. SpecMind merely operates the Service and provides tools that may aid Inspectors in performing inspections, documenting findings, and generating reports.
INSPECTORS ARE NOT INDEPENDENT CONTRACTORS, EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, OR FRANCHISEES OF SPECMIND. SPECMIND DOES NOT EMPLOY INDIVIDUALS TO PERFORM INSPECTIONS. YOU HEREBY ACKNOWLEDGE THAT SPECMIND DOES NOT SUPERVISE, DIRECT, CONTROL, OR MONITOR INSPECTORS’ PERSONAL WORK OR INSPECTIONS, AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY AND LIABILITY FOR THE WORK AND INSPECTIONS PERFORMED BY INSPECTORS IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE.
AI-GENERATED CONTENT, PROPERTY INTELLIGENCE OUTPUTS, WATCH LISTS, PRE-DEPARTURE CHECKLISTS, ENHANCED COMMENTS, AND ALL OTHER AI FEATURE OUTPUTS ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. SPECMIND DOES NOT WARRANT THAT AI-GENERATED CONTENT WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR ANY PARTICULAR INSPECTION OR PROPERTY. THE INSPECTOR BEARS SOLE RESPONSIBILITY FOR ALL CONTENT INCLUDED IN INSPECTION REPORTS.
THE SERVICE AND CONTENT ARE PROVIDED “AS IS,” “WHERE IS,” AND “WITH ALL FAULTS,” WITHOUT REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. SPECMIND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE AND CONTENT WILL MEET YOUR REQUIREMENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPECMIND, OR THROUGH THE SERVICE OR CONTENT SHALL CREATE ANY WARRANTY REGARDING THE SERVICE OR CONTENT NOT EXPRESSLY STATED IN THESE TERMS. YOUR USE OF THE SERVICE AND CONTENT IS SOLELY AT YOUR OWN RISK.
Please note that some jurisdictions do not allow the disclaimer of certain representations or warranties, so the disclaimer in this Section 19 will apply to you to the extent permitted by applicable law.
20. LIMITATION OF LIABILITY
YOU AGREE THAT NONE OF THE PROTECTED PARTIES (AS DEFINED BELOW) SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR ACCESS AND USE OF THE SERVICE AND/OR CONTENT. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE PROTECTED PARTIES (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF ANY OF THE PROTECTED PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR ACCESS OR USE OF THE SERVICE AND/OR CONTENT.
NOTWITHSTANDING THE FOREGOING PARAGRAPH AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE PROTECTED PARTIES, FOR ANY CLAIM, COST, DAMAGE, OR LOSS ARISING OUT OF OR RELATING TO THE SERVICE AND/OR CONTENT, INCLUDING FOR ANY WARRANTIES THAT MAY NOT BE EXCLUDED, SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU HAVE PAID TO SPECMIND IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00 USD) (THE “LIABILITY CAP”). SPECMIND AND YOU AGREE THAT THE LIABILITY CAP SHALL INCLUDE ALL FORMS OF DAMAGES.
IN NO EVENT SHALL SPECMIND BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM: (I) ERRORS, INACCURACIES, OR OMISSIONS IN AI-GENERATED CONTENT; (II) RELIANCE ON PROPERTY INTELLIGENCE OUTPUTS OR WATCH LIST ITEMS; (III) FAILURE OF THE PRE-DEPARTURE CHECKLIST TO IDENTIFY ALL RELEVANT ITEMS; (IV) INACCURACIES IN THIRD-PARTY PROPERTY DATA; OR (V) LOSS OF INSPECTION DATA, REPORTS, OR PHOTOGRAPHS.
Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
21. INDEMNIFICATION
You will defend, indemnify, and hold SpecMind, each third-party service provider (including but not limited to AI service providers and property data providers), their respective affiliates, subsidiaries, and parent companies, and their respective officers, directors, employees, agents, information providers, and partners (collectively, the “Protected Parties”) harmless from and against any actual or threatened suit, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to (a) your conduct with respect to the Service or Content, (b) any violation (or alleged violation) of these Terms by you or any other person accessing the Service or Content on your behalf, (c) any inspection report generated using the Service, (d) any claim arising from the content of an inspection report, including but not limited to claims based on AI-generated content that you approved and included in a report, and (e) any failure to comply with applicable standards of practice, licensing requirements, or other professional obligations in your jurisdiction.
22. TERMINATION
You acknowledge and agree (i) that SpecMind may, in its sole discretion, discontinue providing or limit use and/or access to the Service and Content in whole or in part at any time and without notice, and (ii) that SpecMind shall not, in any event, be responsible to you or any third party in any way should you be unable to access or use the Service and/or Content at any time or from time to time. We may terminate these Terms of Use for convenience with no notice to you.
Upon termination of these Terms of Use, you shall immediately cease and desist from all use of this Service and Content.
Upon termination, SpecMind will make commercially reasonable efforts to allow you to export your inspection data and reports for a period of thirty (30) days following termination, after which your data may be permanently deleted.
23. ARBITRATION PROVISION AND CLASS ACTION WAIVER
THIS ARBITRATION PROVISION AFFECTS YOUR RIGHTS; PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS OF USE.
Agreement to Arbitrate.Except as otherwise explicitly provided in this Arbitration Provision, SpecMind, together with its parent companies, wholly or majority-owned subsidiaries, affiliates, commonly-owned companies, successors, assigns, and any of these entities’ employees, officers, directors, and agents and their successors, assigns, affiliates, and service providers (collectively, the “Transaction Parties”) and you can elect to resolve any past, present, or future dispute or claim (“Dispute”) arising from or relating in any way to (i) the use of the Service or Content, (ii) these Terms of Use, or (iii) the relationship between you and any Transaction Party in connection with any of the foregoing that cannot be resolved directly between you and a Transaction Party, by binding arbitration under the Consumer Arbitration Rules (“the Consumer Rules”) of the American Arbitration Association (“AAA”), rather than in court.
Exceptions to Arbitration.Notwithstanding the foregoing: (i) disputes about the validity, enforceability, coverage, or scope of this Arbitration Provision are for a court to decide; (ii) any Disputes seeking to enforce or protect intellectual property rights will not be subject to binding arbitration; and (iii) any party may proceed with individual claims in small claims court if available in the applicable jurisdiction and within the court’s jurisdictional limits.
Governing Law.The Federal Arbitration Act (“FAA”), 9 U.S.C. 1 et seq., and federal arbitration law apply to this Arbitration Provision.
JURY TRIAL WAIVER. YOU UNDERSTAND THAT ABSENT YOUR CONSENT TO ARBITRATION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A TRIAL BY JURY.
CLASS ACTION WAIVER. You and the Transaction Parties each agree that if arbitration of a Dispute is elected, the Dispute will be resolved in arbitration only on an individual basis and not as a class, collective, or other representative action. To the fullest extent permitted under the FAA: (a) no arbitration will be joined or consolidated with any other unless all parties otherwise agree in writing; (b) there is no right or authority for any Dispute to be arbitrated on a class-action, collective action, or private attorney general basis; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
RIGHT TO OPT OUT:If you do not want this Arbitration Provision to apply, you must send us a signed notice within thirty (30) calendar days of the date on which you first create an Account or access the Service. You must send the notice in writing (and not electronically) to the address listed in the “Contact Information” section below. You must provide your name, address, telephone number, and state that you “opt out” of the Arbitration Provision. Opting out will not affect the other provisions of these Terms of Use.
Jurisdiction and Venue. If you properly opt out of this Arbitration Provision or the parties agree to litigate any matter in court, you agree that any Dispute shall be resolved individually, without resort to any form of class action, exclusively in the United States District Court for the Eastern District of Virginia, or, if there is not subject matter jurisdiction, in the courts of the Commonwealth of Virginia, and you agree to submit to the jurisdiction of these courts.
24. CHANGES
You are responsible for reviewing these Terms regularly. SpecMind reserves the right, at any time, without notice to you, and in its sole discretion, to modify or discontinue the Service or Content, these Terms, or any of our policies related to use of the Service or Content. Revisions to these Terms or our policies may be provided through the Service, including by posting the revisions on the Service and updating the “Last Updated” date. Continued use of the Service or Content following such modifications will constitute your acceptance of such modifications and revisions.
25. MISCELLANEOUS
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter.
These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia (without regard to provisions relating to conflicts of law), except as to copyright and trademark matters, which are covered by federal laws.
Neither these Terms of Use nor any Account you create is assignable, transferable, or sublicensable by you except with SpecMind’s prior written consent. SpecMind may assign its rights and duties under these Terms of Use at any time without notice to you.
26. CONTACT INFORMATION
If you need to contact us regarding the Service, Content, or these Terms of Use, please reach out to us:
By email: legal@specmind.ai
By mail:
Runic LLC (d/b/a SpecMind)
[Address to be provided]
Virginia, United States