Versable Terms of Service

Last Updated July 8, 2026 • Versable AI Inc.

Versable AI, Inc. ("Versable," "we," "our," or "us") makes available an artificial intelligence (AI) service designed to generate high-quality online product listings (the "Services"). These Terms of Service ("Terms") are a binding legal agreement between Customer and Versable and govern Customer's access to and use of the Services. PLEASE READ THESE TERMS CAREFULLY. WHEN CUSTOMER CLICKS "ACCEPT," CHECKS A BOX, ENTERS INTO AN ORDER FORM (AS DEFINED BELOW), OR OTHERWISE ACCESSES OR USES THE SERVICES, CUSTOMER IS AGREEING TO BE BOUND BY THESE TERMS.

Customer may access or use the Services by entering into an order form or other written documentation with Versable (an "Order Form"). If Customer enters into an Order Form, the terms, conditions, guidelines, policies, and/or rules included in or incorporated by reference into such Order Form ("Supplemental Terms") will, in addition to these Terms, govern Customer's access and use of the Services. Such Supplemental Terms become part of Customer's agreement with Versable, and if there is a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will control for that conflict.

We may make changes to these Terms. The "Last Updated" date above indicates when these Terms were last changed. If we make future changes, we may provide Customer with notice of such changes, such as by sending an email, providing a notice through our website or the Services, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and Customer's continued use of the Services after we provide such notice will confirm Customer's acceptance of the changes. If Customer does not agree to the amended Terms, Customer must immediately stop using the Services. Any changes to these Terms will not apply to any dispute between Customer and Versable arising prior to the date on which Versable posted the updated Terms incorporating such changes or otherwise notified Customer of such changes.

1. Use of the Services

(a). Right to Use. Subject to Customer's compliance with the terms and conditions of these Terms, Versable grants Customer a limited, non-exclusive, revocable right to use the Services solely for Customer's internal business purposes on a device that Customer owns or controls. Customer may not resell, transfer, assign, or sublicense Customer's rights under these Terms to any third party or use the Services to provide services for the benefit of any third party.

(b). Authorization. Customer represents and warrants that (i) Customer is validly existing and in good standing under the laws of the place of its establishment or incorporation, (ii) Customer has full corporate power and authority to execute, deliver and perform its obligations under these Terms, (iii) the person entering into these Terms on Customer's behalf has been duly authorized and empowered to enter into these Terms, and (iv) these Terms are valid, binding and enforceable against Customer and all Customer users in accordance with their terms.

(c). Access Credentials. Customer may be required to create an account to use the Services. Customer is responsible for use of the Services by Customer and Customer's users, their respective access to Services accounts, and all acts and omissions through Services accounts, as well as for use of the Services by any third party through Services access credentials of Customer or any Customer users, whether authorized or not. Customer is solely responsible for implementing and maintaining security measures to safeguard Customer's and Customer users' access credentials and to prevent use and disclosure of such credentials by unauthorized third parties. Customer will promptly notify Versable in writing of any unauthorized use of the Services or access credentials that comes to Customer's attention. Versable has no obligation to inquire about the authority of anyone using the account access credentials of Customer or any Customer users.

(d). Modifications; Support. Notwithstanding anything to the contrary in these Terms, (i) Versable may conduct maintenance on the Services from time to time without prior notice to Customer and (ii) Versable may modify features of the Services from time to time at Versable's sole discretion. Except as expressly set forth in an Order Form, (A) Versable will not be required to provide any support with respect to the Services and (B) no service levels, uptime requirements, or other performance standards, obligations, or requirements will apply to the Services.

(e). Disclaimer. VERSABLE WILL NOT BE LIABLE FOR, AND VERSABLE EXPRESSLY DISCLAIMS, ANY LIABILITY FOR LOSSES, COSTS, OR EXPENSES CAUSED BY ANY UNAUTHORIZED USE OF THE SERVICES THROUGH CUSTOMER'S ACCOUNT.

2. Data

(a). Ownership of Customer Data. Customer owns and retains all right, title, and interest in and to information, data, content, and/or files transmitted, uploaded, or otherwise provided by Customer or its users' in connection with Customer's or such users' use of the Services ("Customer Data"). Customer acknowledges and agrees that Versable is not responsible for performing, and is not liable for failing to perform, any back-up of any Customer Data. Customer is solely responsible for the accuracy, quality, integrity, legality, reliability, security, and appropriateness of all Customer Data.

(b). Use of Customer Data. Customer hereby grants Versable and its affiliates a worldwide, royalty-free, fully paid, transferable, assignable, sublicensable (through multiple tiers), perpetual, and irrevocable license to collect, host, use, access, view, store, copy, display, create derivative works of, delete, and otherwise process Customer Data (including providing Customer Data to applicable Third-Party Service Providers (as defined below) and others) to (i) provide, support, monitor, analyze, and improve the Services and improve Versable's other products and services, (ii) communicate with Customer about its account and its users' accounts, (iii) comply with Applicable Laws (as defined below), including court orders, subpoenas, and requests or requirements for information made by regulatory or investigatory entities, (iv) prevent fraud or misuse of the Services, (v) perform market research, (vi) conduct product research and improvement and development of products and services by Versable, and/or (vii) for any other lawful purpose. Versable may expand its use of Customer Data in its discretion if not precluded by Applicable Laws. Versable will not be required to transmit or provide Customer or any third party with Customer Data in any format except as required by Applicable Laws.

(c). Rights. Customer represents and warrants to Versable that Customer has the rights, licenses, and permissions necessary to grant the license and use rights in these Terms and to otherwise provide Customer Data to Versable for use by Versable as contemplated by these Terms and the use of the Services by Customer and its users (including, without limitation, in connection with use of AI Tools (as defined below)). Customer is solely responsible for the content, accuracy, integrity, quality, and legality of Customer Data and for ensuring that it has given all notices and disclosures, and obtained all consents and permissions, necessary for (i) Customer and its users to use the Services and Versable to provide the Services, (ii) Customer’s collection, use and disclosure of Customer Data, and (iii) Versable to collect, use, and disclose Customer Data. Customer will not and will ensure that its users do not include in Customer Data or otherwise upload, post, reproduce, or distribute any information, software, or other material protected by copyright, privacy rights, or any other intellectual property rights without first obtaining the permission of the owner of such rights.

(d). Usage Data. Notwithstanding anything to the contrary in these Terms, Customer agrees that Versable may generate, collect, store, use, transfer, and/or disclose to third parties information gathered, prepared, computed, originated, or stored by Versable resulting from the use or provision of the Services, including information derived from or based on Customer Data ("Usage Data") (i) to perform data analytics, (ii) to monitor, improve, and support the Services, (iii) to design, develop, and offer Versable products and services, and/or (iv) for any other lawful purpose. Versable owns and retains all rights to Usage Data, and no rights are granted to Customer, whether by implication, estoppel, waiver, or otherwise in or to any Usage Data. Versable has no obligation to provide or make any Usage Data available to Customer.

(e). Third-Party Data. Customer acknowledges and agrees that Versable may, as part of the Services, access certain third-party data, information, and/or other materials, including, without limitation, data, information, images, text, and/or other materials of third-party suppliers whose products Customer seeks to list on Customer's website and/or other applications (collectively, "Third-Party Data"). Versable may access Third-Party Data from third-party sources or Customer may upload or otherwise provide to Versable Third-Party Data via the Services or otherwise. To the extent Third-Party Data is uploaded or provided by Customer, such Third-Party Data will also be deemed Customer Data and such Third-Party Data will, in addition to the specific terms and conditions applicable to Third-Party Data in these Terms, be subject to the terms and conditions in these Terms applicable to Customer Data, including, without limitation, the use rights, licenses, and representations and warranties of this Section 2. Customer expressly authorizes and directs Versable to collect, use, and otherwise exploit Third-Party Data in connection with Versable's provision of the Services. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, AND WITHOUT LIMITING THE WAIVERS, DISCLAIMERS, INDEMNIFICATION OBLIGATIONS, OR OTHER LIMITATIONS OF LIABILITY IN THESE TERMS CUSTOMER RELEASES VERSABLE AND THE OTHER VERSABLE PARTIES (AS DEFINED BELOW) FROM RESPONSIBILITY, LIABILITY, CLAIMS, DEMANDS, AND/OR DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN (INCLUDING CLAIMS OF NEGLIGENCE), ARISING OUT OF OR RELATED TO THIRD-PARTY DATA.

(f). Repeat Infringer Policy; Copyright Complaints

i. Policy. In accordance with the Digital Millennium Copyright Act and other applicable law (collectively, the "DMCA"), we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others (the "DMCA Policy").

ii. Reporting Claims of Copyright Infringement. If Customer or any third party (the "Reporting Party") believes that any content on the Services infringes any copyright that the Reporting Party owns or controls, the Reporting Party may notify our designated agent (such notification, a "DMCA Notice") as follows:

Designated Agent: [Insert designated agent name]

Email Address: admin@versable.ai

Please see Section 512(c)(3) of the DMCA for the requirements of a proper notification. If the Reporting Party fails to comply with all of the requirements of Section 512(c)(3) of the DMCA, the Reporting Party's notice may not be effective. If the Reporting Party knowingly materially misrepresents that any activity or material on the Services is infringing, the Reporting Party may be liable to us for certain costs and damages.

(g). Additional Terms. Versable takes no responsibility and assumes no liability for any Customer Data or any Third-Party Data posted, stored, uploaded, accessed or downloaded by Customer or any third party, or for any loss or damage thereto, incomplete or inaccurate Customer Data or Third-Party Data, or for any user conduct, nor is Versable liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity Customer may encounter. As a provider of interactive services, Versable is not liable for any statements, representations, Customer Data, or Third-Party Data in any public forum or other area. We do not undertake to review Customer Data or Third-Party Data, and we expressly disclaim any duty or obligation to undertake any monitoring or review of any Customer Data or Third-Party Data. Although we have no obligation to screen, edit, or monitor Customer Data or Third-Party Data, we may:

iii. Delete or remove Customer Data or Third-Party Data or refuse to post any Customer Data or Third-Party Data at any time and for any reason with or without notice, including without limitation for any violations of Applicable Laws or these Terms;

iv. Terminate or suspend Customer's access to all or part of the Services, temporarily or permanently, if Customer Data or Third-Party Data is reasonably likely, in our sole determination, to violate Applicable Laws or these Terms;

v. Take any action with respect to Customer Data or Third-Party Data that is necessary or appropriate, in Versable's sole discretion, to ensure compliance with Applicable Laws and these Terms, or to protect Versable's rights, or to protect any third-party rights, including third-party intellectual property and privacy rights (e.g., providing information to copyright owners in furtherance of DMCA takedown requests); and

vi. As permitted by Applicable Laws, cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any Customer Data or Third-Party Data on or through the Services.

3. Conduct

(a). Restrictions. Customer will comply with all applicable local, state, national, and foreign laws in connection with Customer's use of the Services ("Applicable Laws"). Customer acknowledges that the Services, including any and all system hardware, system software, technical data, know-how, or other data or information obtained from Versable ("Versable Systems") may be subject to the import and/or export control laws of one or more countries and, accordingly, their import, export, re-export, and transfer may be restricted or prohibited. Customer agrees not to, and agrees to cause all Customer users not to, directly or indirectly, import, export, re-export, transfer, or cause to be imported, exported, re-exported, or transferred, any such Versable Systems to any destination, entity, or persons prohibited or restricted under any law or regulation, unless Customer has first obtained prior written consent Versable and any applicable governmental entity, either in writing or as provided by applicable regulation, as the same may be amended from time to time.

(b). Acceptable Use. Customer will not, in connection with Customer's use of the Services or otherwise: (i) violate any Applicable Laws, contract, intellectual property right, or other third-party right or commit a tort; (ii) engage in any harassing, threatening, intimidating, predatory, or stalking conduct; (iii) impersonate or post on behalf of any person or entity or otherwise misrepresent Customer's affiliation with a person or entity; (iv) use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services in any manner; or (v) use the Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.

4. Fees

(a). General. Customer will pay Versable the fees (i) charged on the Versable website, (ii) charged on an Order Form, and/or (iii) that have otherwise been charged by Versable for the Services (the "Fees"). Versable may, in its sole discretion and at any time, modify any Fees.

(b). Payment. Customer will pay all Fees by (i) check, (ii) bank wire transfer in immediately available funds to an account designated by Versable, or (iii) credit or debit card via an authorized payment processor. If by credit or debit card, Customer authorizes Versable (or its payment processor) to charge Customer's credit or debit card number provided to Versable and represents and warrants that Customer is authorized to use and have Fees charged to that credit or debit card. Unless otherwise set forth in an Order Form or as communicated in writing by Versable, all payments pursuant to these Terms: (A) are nonrefundable; (B) will be made in U.S. Dollars; and (C) are exclusive of taxes and duties, which will be paid solely by Customer (other than taxes based on Versable's net income). All Fees are payable without setoff, counterclaim, deduction, recoupment, or withholding of any kind for amounts owed or purportedly owed by Versable under these Terms, Applicable Laws, or otherwise. The terms of payment specified herein may be subject to Versable's approval of Customer's credit, and Versable may at any time revise the specified terms of payment to require payment in advance.

(c). Authorization. Customer authorizes Versable to maintain Customer's account information and charge Customer's designated payment method in its account (the "Designated Payment Method") as permitted in these Terms and as otherwise disclosed to Customer, including, without limitation, in connection with any subscriptions to the Services. Customer represents and warrants that it is authorized to use and have Fees charged to the Designated Payment Method.

(d). Effect of Non-Payment. If Customer fails to pay any Fees or other amounts due and owing, Versable may, without limiting its rights or remedies at law, in equity, or under these Terms (each of which Versable expressly reserves), (i) automatically charge Customer's Designated Payment Method, (ii) impose a finance charge on any outstanding balances, (iii) suspend or terminate Customer's account or Customer's access to the Services, and/or (iv) impose additional fees and/or charges, including, without limitation, reinstatement fees if Customer's account or Customer's access to the Services has been suspended or terminated. Customer will reimburse Versable for all costs and expenses associated with any of the foregoing, including, without limitation, attorneys' fees and costs of collection.

5. Intellectual Property

(a). Ownership. Subject to the use rights granted under these Terms, as between the parties, Versable or its licensors own and retain all right, title, and interest in and to the Services (including, without limitation, any AI Tools and any improvements, modifications, enhancements, or derivatives of the foregoing, and all intellectual property rights relating to any of the foregoing. These Terms do not convey to Customer any rights of ownership in or related to the foregoing. Except for the rights expressly granted in these Terms, no other rights are granted to Customer in, to, or under Versable's intellectual property rights, whether by implication, estoppel, waiver, or otherwise.

(b). Restrictions. Customer agrees that the Services contain trade secrets and other valuable proprietary information belonging to Versable. Customer will not: (i) alter, copy, modify, translate, or make derivative works of, or permit the alteration, copying, modification, translation, or making derivative works of, the Services or any component thereof; (ii) attempt to derive the source code or object code for the Services, including by reverse engineering, decompiling, disassembling, or similar means; (iii) seek to acquire any ownership interest in or to the Services; (iv) license, offer, sell, transfer, or lease the Services or attempt any of the foregoing; (v) remove, alter, or obfuscate any copyright, trademark, or other proprietary rights notices included with the Services; (vi) access or use the Services in order to design, develop, or build a similar product or competitive product; (vii) enable access to the Services by anyone not authorized to use the Services; (viii) develop any scripts or software applications that interact with or integrate with the Services unless first authorized in writing by Versable; or (ix) circumvent or modify any security technologies designed to prevent unauthorized access to the Services. Customer will not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Versable without Versable’s express written consent. Customer will not use any meta-tags or any other "hidden text" utilizing any of Versable’s names, trademarks, or service marks without the express written consent of Versable.

(c). Feedback. Customer may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about Versable or the Services (collectively, "Feedback"). Customer understands that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to Customer, including to develop, copy, publish, or improve the Feedback or Services, or to improve or develop new products, services, or the Services in Versable’s sole discretion. Versable will exclusively own all improvements to, or new, Versable products or services based on any Feedback. Customer understands that Versable may treat Feedback as nonconfidential.

6. Third-Party Services

(a). Third-Party Services. The Services rely on, interoperate with, or otherwise utilize or leverage third-party products or services (such services, "Third-Party Services" and the providers of such Third-Party Services, "Third-Party Service Providers"). These Third-Party Services are beyond our control, but their operation may impact, or be impacted by, the use and reliability of the Services. Customer acknowledges that (i) the use and availability of the Services is dependent on Third-Party Service Providers and (ii) these Third-Party Services may not operate reliably 100% of the time, which may impact the way that the Services operate. Versable does not make any warranties or guarantees with respect to Third-Party Services, including, without limitation, the performance or continued availability of Third-Party Services and Versable may (either itself or as required by the Third-Party Service Provider) limit or cease providing interoperation with any or all Third-Party Services (and, as a consequence, certain or all features of the Services may be limited or ceased) without entitling Customer to any refund, credit, or other compensation if, for example and without limitation, the Third-Party Service Provider ceases to make the Third-Party Service available for interoperation or use with the Services in a manner acceptable to us. VERSABLE WILL NOT BE LIABLE FOR, AND VERSABLE EXPRESSLY DISCLAIMS, ANY LIABILITY FOR LOSSES, COSTS, OR EXPENSES TO THE EXTENT CAUSED BY ANY THIRD-PARTY SERVICES OR THIRD-PARTY SERVICE PROVIDERS OR FOR CUSTOMER'S COMPLIANCE (OR NON-COMPLIANCE) WITH ANY APPLICABLE THIRD-PARTY TERMS (AS DEFINED BELOW), EACH OF WHICH ARE CUSTOMER'S EXCLUSIVE RESPONSIBILITY AND LIABILITY.

(b). Additional Terms. Customer's access to and use of the Services may subject Customer to terms, conditions, and policies applicable to Third-Party Services (including terms of service or privacy policies of the applicable Third-Party Service Providers) ("Third-Party Terms"). Customer is responsible for complying with all Third-Party Terms and Versable is not, and will not be deemed to be, a party to any Third-Party Terms, all of which are exclusively between Customer and the applicable Third-Party Service Provider(s).

7. Term, Termination and Suspension

(a). Term. The term of these Terms commences on Customer's acceptance of these Terms (whether via a click-through purchase or by entering into an Order Form) and, unless either party terminates Customer's access to the Services as set forth in this Section 7, continues until the expiration or termination of the stated term (i) on Versable's website in connection with Customer's purchase, (ii) on the Order Form, or (iii) otherwise communicated by Versable.

(b). Termination.

i. Non-Renewal. If automatic renewal applies, either party may terminate Customer's access to the Services (and, therefore, these Terms) by issuing written notice of non-renewal at least 30 days prior to the expiration of the then-current term.

ii. Termination for Cause. Either party may terminate Customer's access to the Services (and, therefore, these Terms) upon written notice to the other party (A) if such other party commits a material breach of these Terms and fails to cure such breach within 30 days of having received noticed of the breach or (B) immediately if the other party becomes insolvent, makes an assignment for the benefit of its creditors, appoints a receiver for the whole or part of its assets, if there is a filing of voluntary bankruptcy petition by such other party or the filing against such other party of an involuntary bankruptcy petition that is not stayed or dismissed within 60 days, or there is an issuance of any order or the passing of a resolution for the winding-up of such other party's business.

iii. Termination for Convenience. If Customer is not subject to an Order Form, then Customer may terminate Customer's access to the Services (and, therefore, these Terms) by notifying Versable in writing or by closing Customer's account. Unless expressly set forth in an Order Form, Versable may terminate Customer's access to the Services at any time by notifying Customer in writing (with email notice being sufficient) or by disabling or terminating Customer's account (with or without notice).

(c). Suspension of Services. Without limiting Versable's rights or remedies in these Terms, Versable may suspend or limit access to the Services at any time: (i) if Versable determines or reasonably suspects that Customer is using the Services in violation of Applicable Laws or in connection with any fraudulent activity; (ii) if Versable reasonably determines that Customer's use of the Services adversely affects or interferes with the normal operation of the Services or any service to others; (iii) if Versable is prohibited by Applicable Laws or an order of a court or other governmental agency from providing the Services; (iv) if Versable reasonably believes there exists a security incident that threatens the security of the Services, Customer Data, or any data of others; or (v) for any other reason in Versable's reasonable discretion. VERSABLE WILL HAVE NO LIABILITY FOR ANY DAMAGES, LIABILITIES, OR LOSSES AS A RESULT OF ANY SUSPENSION OR LIMITATION OF CUSTOMER'S USE OF THE SERVICES IN ACCORDANCE WITH THIS SECTION.

8. Indemnification

Customer will indemnify and hold Versable and its affiliates, and its and their officers, employees, and agents (the "Versable Parties") harmless against any damages, liabilities, losses, costs, or expenses (including reasonable attorneys' fees) arising from or in connection with (a) Customer's access to, use of, or decisions made in connection with the Services (including, without limitation, any Output), (b) Customer Data, (c) Third-Party Data, and/or (d) Customer's breach or alleged breach of these Terms or violation of Applicable Laws (each, an "Indemnifiable Claim"). Additionally, Customer will, at Versable's sole election, defend Versable from any Indemnifiable Claims. If Versable directs Customer to defend an Indemnifiable Claim, then (i) Versable has the right to approve the counsel Customer selects to defend the Indemnifiable Claim and (ii) Versable may also have its own counsel participate in the defense and settlement of the Indemnifiable Claim at Customer's expense. Versable may also exclusively retain control of the defense of an Indemnifiable Claim. Customer will not settle an Indemnifiable Claim without Versable’s written consent.

9. Disclaimers; Use of Artificial Intelligence

(a). General Disclaimer. Customer's use of the Services is at Customer's sole risk. Except as otherwise provided in a writing by us and to the fullest extent permitted under applicable law, the Services are provided "as is" and "as available" without warranties of any kind, either express or implied. Versable disclaims all warranties with respect to the foregoing, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Versable does not represent or warrant that the Services are accurate, complete, reliable, current, or error-free or that access to the Services or any content provided therein or therewith will be uninterrupted. Versable cannot and does not represent or warrant that the Services or any content provided therein or therewith or our servers are free of viruses or other harmful components or content or materials. Customer assumes the entire risk as to the quality and performance of the Services. All disclaimers of any kind (including in this Section 9 and elsewhere in these Terms) are made for the benefit of Versable, the other Versable Parties, and Versable's respective shareholders, agents, representatives, licensors, suppliers, and service providers, as well as their respective successors and assigns.

(b). Use of AI Tools. Certain features of the Services use artificial intelligence models, tools, and other technology (collectively, "AI Tools") that may, from time to time, generate text, information, results, images, and/or other output (collectively, "Output"). Customer acknowledges and agrees to the following with respect to AI Tools and Output.

i. Automated Decisionmaking. All Output is the result of automated processes that may operate without human judgment or contextual understanding and Output may be erroneous, biased, misleading, inaccurate, incomplete, unreliable, unsuitable, unlawful, or otherwise result in unintended consequences or be unfit for Customer's purposes. No Output is, nor will Customer treat any Output as, substitutes for human judgment.

ii. Customer Use. Without limiting the other restrictions or provisions of these Terms, Customer agrees not to use or make decisions based on any Output in a manner that may infringe upon or violate the rights of any third party or violate any Applicable Laws, and Customer acknowledges and agrees that (A) Customer is solely responsible for vetting and evaluating the accuracy, appropriateness, legality, and suitability for Customer's use of and decisionmaking regarding any AI Tools and Output, including evaluating whether such Customer's use of, or decisions based on, such AI Tools or Output will infringe upon or violate the rights of others or violate Applicable Laws, (B) Customer assumes all risk associated with Customer's use and decisions based on the AI Tools and Output, and (C) Versable will have no liability for such use or decisions.

iii. No Guarantees or Representations. Customer represents and warrants Versable has not (A) given any guarantee or representation as to the potential success, return, effect, or benefit of the AI Tools, Ouput, or Services generally or (B) made any representation to Customer regarding the effectiveness of the AI Tools, Output, or Services generally.

iv. Third-Party Use. The AI Tools may include artificial intelligence and other tools and technologies provided by third parties, and Customer acknowledges and agrees that (A) Versable's or Customer's use of the AI Tools may involve access to Customer Data by third parties and that such access may be occur pursuant to agreements with those third parties, rather than or in addition to these Terms, (B) such third-party tools and technologies are Third-Party Services and the providers thereof are Third-Party Service Providers and, as such, are subject to the terms and disclaimers in Section 6, and (C) Customer consents and authorizes Versable to share Customer Data with such third parties. Customer also acknowledges and agrees that we and any third parties who provide any artificial intelligence technologies used to provide the AI Tools may access and use Customer Data in order to train, improve, and develop such technologies and the Services and for other research and development purposes.

v. Additional Disclaimer. WITHOUT LIMITING THE OTHER DISCLAIMERS IN THIS SECTION 9, VERSABLE MAKES NO WARRANTY CONCERNING TIMELINESS, ACCURACY, PERFORMANCE, QUALITY, RELIABILITY, LAWFULNESS, OR COMPLETENESS OF ANY OUTPUT OR CONCLUSIONS DRAWN THEREFROM AND CUSTOMER ASSUMES SOLE RESPONSIBILITY AND LIABILITY FOR ACTIONS TAKEN OR DECISIONS MADE (OR NOT TAKEN OR MADE) AS A RESULT OF ANY OUTPUT, CUSTOMER'S USE THEREOF, AND ANY CONCLUSIONS DRAWN THEREFROM.

10. Limitation of Liability

(a). To the fullest extent permitted by applicable law, Versable and the other Versable Parties will not be liable to Customer under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, expectation, incidental, punitive, or special damages or lost profits, business, or data, even if Versable or the other Versable Parties have been advised of the possibility of such damages.

(b). The total liability of Versable and the other Versable Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of (i) the amount Customer paid to use the Services in the preceding six-month period and (ii) $50.

(c). Multiple claims will not expand the limitations set forth in this Section 10. The limitations set forth in this Section 10 will not limit or exclude liability for any matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to Customer.

11. Dispute Resolution; Binding Arbitration

If any dispute between the parties arising under or relating to these Terms (a "Dispute") is not resolved through negotiation or mutual agreement, the parties agree to submit the Dispute to arbitration under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") in English in San Francisco, California, before one neutral arbitrator who may be a national of any party and who will be a member of the AAA's Large Complex Case Panel. Any issues about the arbitrability of a Dispute will be determined by the arbitrator. All documents and information relevant to the Dispute in the possession of any party will be made available to the other party not later than 60 days after the demand for arbitration is served, and the arbitrator may permit such depositions or other discovery deemed necessary for a fair hearing. The arbitrator will have the power to require discovery of third parties (including testimony and documents) to the fullest extent allowed by federal law or the laws of the State of New York. The hearing may not exceed two days. The arbitrator’s award will be rendered within 120 days of the demand. The arbitrator may award interim and final injunctive relief and other remedies but may not award damages limited in Section 10 above whether under contract, tort, statute, or any other basis for liability unless they are required by statute as determined by the arbitrator. No class arbitration will be allowed, but other parties may be joined as necessary to resolve the Dispute. No time limit herein is jurisdictional. Any award of the arbitrator (including awards of interim or final remedies) may be confirmed or enforced in any court having jurisdiction. Notwithstanding anything to the contrary in this Section 11, Versable may, at any time, bring court proceedings or claims against Customer (a) solely as part of separate litigation commenced by an unrelated third party or (b) solely to obtain temporary or preliminary injunctive relief or other interim remedies, pending conclusion of the arbitration. In the case of contradiction between the provisions of this Section 11 and the Commercial Arbitration Rules of the AAA, this Section 11 will prevail. The limitations on remedies described above may be deemed inoperative to the extent necessary to preserve the enforceability of the agreement to arbitrate. If any provision of this agreement to arbitrate is held invalid or unenforceable, it will be so held to the minimum extent required by law and all other provisions will remain valid and enforceable.

12. Governing Law

Any Disputes will be governed by and construed and enforced in accordance with the laws of the State of California, except to the extent preempted by U.S. Federal Law, without regard to conflict of law rules or principles (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. If any Claim is not subject to arbitration pursuant to Section 11, then the state and federal courts located in San Francisco, California will have exclusive jurisdiction. Customer and Versable waive any objection to venue in any such courts.

13. Severability

If any portion of these Terms other than Section 11 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (a) the unenforceable or unlawful provision will be severed from these Terms; (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of these Terms; and (c) the unenforceable or unlawful provision may be revised to the extent required to render the Terms enforceable or valid, and the rights and responsibilities of the parties will be interpreted and enforced accordingly, so as to preserve the Terms and the intent of the Terms to the fullest possible extent.

14. Export Control

Customer is responsible for compliance with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. Customer represents, warrants and covenants that it is not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.

15. Miscellaneous

Versable's failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word "including" will be interpreted to mean "including without limitation." Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. Communications and transactions between us may be conducted electronically. Notwithstanding any terms to the contrary in this Agreement, Customer consents to Versable's use of Customer's name, logo and other source identifiers on Versable's website and on Versable's promotional and marketing related materials, including, without limitation, for purposes of identifying Customer as a customer of Versable and describing Customer's use of the Services. Versable may, by itself or through an independent third party, audit Customer's use of the Services to verify (a) Fees payable and (b) that Customer is otherwise compliant with the terms and conditions of this Agreement. Customer agrees to (i) maintain complete and accurate books, logs, and other records with respect to Customer's use of the Services and (ii) provide reasonable access to Customer's systems, books, logs, and other records for purposes of conducting these audits. Each party has had the opportunity to review these Terms with legal counsel, and there will be no presumption that ambiguities will be construed or interpreted against the drafter.