Terms of Service
Last updated: July 14, 2026
Agreement to Our Legal Terms
We are Epiphyte LLC, doing business as CheatCodeAI ("Company," "we," "us," "our"), a company registered in Wyoming, United States at 30 N Gould St Ste N, Sheridan, WY 82801.
We operate the website https://cheat-code.ai (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
You can contact us by phone at 1-307-479-0055, email at team@cheat-code.ai, or by mail to 30 N Gould St Ste N, Sheridan, WY 82801, United States.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Epiphyte LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We may revise these Legal Terms from time to time. We will notify you of any changes by posting the updated Legal Terms on the Site and updating the "Last updated" date above. Where the changes are material, the next time you sign in you will be required to review and accept the updated Legal Terms before continuing to use the Services; non-material corrections become effective upon posting. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
The Services are only available to users located in the United States. They are not directed to, offered to, or intended for use by any person located outside the United States. By accessing or using the Services, you represent and warrant that you are located in the United States. We use technical measures — including geographic IP filtering and payment-method verification — to restrict access to the Services to users located in the United States, and we may suspend or terminate any account that we determine is being accessed from outside the United States.
We recommend that you print a copy of these Legal Terms for your records.
1. Our Services
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
Neutral, general-purpose tool
We provide the Services as a general-purpose productivity tool. We do not endorse, encourage, or condone any unlawful, deceptive, or unethical use of the Services, and nothing in the Services, our website, or our marketing materials should be understood as advice or encouragement to violate any law, contract, or third-party rule. You are responsible for how you choose to use the Services.
Audio recording and consent
The Services include features that capture and transmit audio, including the audio of conversations in which you participate, in order to provide transcription and real-time assistance. Recording laws vary by jurisdiction, and in many US states all parties to a conversation must consent before it may be recorded. The consent requirements that apply to a conversation are determined by the location of every participant, not only your own, and where participants are located in different jurisdictions you must comply with the strictest law that applies to any participant. By enabling or using any audio feature of the Services, you represent and warrant that: (a) you have obtained all consents required by applicable law from every person whose voice or communications may be captured; (b) your use of the audio features complies with all applicable federal, state, and local laws, including without limitation all applicable wiretapping, eavesdropping, and electronic surveillance laws; (c) you will not enable the audio features where doing so would be unlawful; (d) you have provided all notices and obtained all consents required by applicable law, or by any institution, employer, platform, or other person, before using the Services to capture, process, transcribe, or analyze any conversation, meeting, or interview, or to receive real-time AI assistance in connection with it; and (e) you have obtained any consent, release, or permission needed to use the name, voice, or likeness of each identifiable individual whose voice or communications are captured or processed through your use of the Services. We do not and cannot verify whether any required notice has been given or any required consent has been obtained, and we are not responsible for any dispute, claim, or liability arising from recordings made, or assistance received, without a required notice or consent. You are solely responsible for, and assume all liability arising from, your compliance with applicable recording and consent laws, and you agree to indemnify us against any claim arising out of your failure to obtain any required consent. If you are uncertain whether recording is lawful for a particular conversation or in your jurisdiction, do not use the audio features.
Third-party terms and assumption of risk
You may not use the Services in violation of any applicable law or of any obligation you owe to a third party, including the rules, terms, policies, codes of conduct, or agreements of any prospective or current employer, recruiting or interview platform, proctoring service, licensing body, or educational institution. Any such use is a material breach of these Legal Terms.
You are solely responsible for determining whether your use of the Services in any context complies with applicable law and with the rules, terms, policies, and agreements of any third party, including prospective employers, recruiting and interview platforms, proctoring services, licensing bodies, and educational institutions. We make no representation that use of the Services in any context is lawful, permitted, or will not be detected, and we expressly disclaim any warranty that the Services are appropriate or permissible for your intended use. Certain features of the Services are designed to keep the application's own window from appearing in standard operating-system screen-sharing and screen-capture tools; these features operate only at the level of those standard interfaces, and we do not warrant that your use of the Services will remain private or undetected by any other means, including a separate camera or recording device, external capture hardware, direct observation, or measures taken by any third-party platform. Any consequences — including termination of an employment process, disciplinary action, or claims against you — are your sole responsibility.
Prohibited use contexts
The Services are intended for use in connection with your own job interviews and your professional development, preparation, and job-seeking. You may not use the Services in connection with: (a) any academic examination, test, quiz, coursework, or assignment, or any other activity governed by an educational institution's academic-integrity or honor-code rules; (b) any professional licensing or certification examination (including, without limitation, legal, medical, accounting, financial, engineering, or information-technology certification exams); (c) any government, civil-service, military, or other public-sector examination; or (d) any other proctored, monitored, or supervised assessment in which the use of outside assistance, tools, or resources is prohibited by the administering body, its rules, or applicable law. You are solely responsible for ensuring your use does not fall within any of these prohibited contexts.
Prohibited data inputs
You may not use the Services to transmit or process: (a) information subject to confidentiality obligations you owe a third party (including under any non-disclosure agreement or employment confidentiality obligation); (b) third-party trade secrets or proprietary information; (c) third-party personal information you are not authorized to share with AI or transcription providers; (d) information regulated under HIPAA, GLBA, FERPA, or similar laws; or (e) any information that applicable law or contract restricts you from transmitting to AI systems or to processors located outside your jurisdiction. You represent and warrant that your inputs to the Services comply with this section, and you are solely responsible for your inputs.
Beta and experimental features
We may make beta, preview, early-access, or other experimental features available to you (collectively, "Beta Features"). Beta Features are optional, may contain errors, may change or be discontinued at any time without notice, and may never become generally available. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE LEGAL TERMS, BETA FEATURES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY, INDEMNITY, OR SUPPORT OBLIGATION, AND OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO ANY BETA FEATURE WILL NOT EXCEED FIFTY U.S. DOLLARS (US $50.00).
2. Intellectual Property Rights
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your personal use, including interview preparation, professional development, education, and your own job-seeking.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly gained access,
solely for your personal use, including interview preparation, professional development, education, and your own job-seeking.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: team@cheat-code.ai. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions
Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. For clarity, "Submissions" means only the feedback and similar information you voluntarily send us about the Services; it does not include the audio, screenshots, transcripts, prompts, files, or other content you capture, input, or process through the Services in the ordinary use of its features, which are not assigned to us under this section and are handled as described in our Privacy Policy and the "USER CONTENT AND DATA" section below.
You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:
- confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
- warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
- warrant and represent that your Submissions do not constitute confidential information.
You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
3. User Representations
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are at least 18 years old; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; (7) your use of the Services will not violate any applicable law or regulation; (8) you are not located in, and will not access the Services from, any country or region subject to a comprehensive U.S. Government embargo; (9) you are not named on any U.S. Government list of prohibited, denied, or restricted parties; and (10) you will not use, export, or re-export the Services or any software provided with them in violation of U.S. export control or sanctions laws.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. User Registration
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
Your account is personal to you. Each account is licensed to, and may be used by, a single individual only, and you may not share your login credentials, account access, or subscription benefits with any other person. We may take reasonable measures to detect account sharing, and if an account shows usage materially inconsistent with use by a single individual, we may pause the activation of new sessions or suspend the account. If we take such action, we will notify you at the email address associated with your account, and if you believe your account was flagged in error, you may contact us at team@cheat-code.ai so we can review it.
You agree to notify us immediately at team@cheat-code.ai of any unauthorized access to or use of your account or any other breach of your account's security of which you become aware. We cannot and will not be liable for any loss or damage arising from your failure to keep your credentials secure or to notify us promptly.
5. Purchases and Payment
We accept the following forms of payment:
- Stripe
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as required by applicable law. We may change prices at any time, subject to the notice requirements for existing subscriptions described in the "SUBSCRIPTIONS" section. All payments shall be in US dollars.
You agree to pay all charges at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse or cancel any order placed through the Services, including any order that, in our sole judgment, appears to be fraudulent or to violate these Legal Terms. These restrictions may include orders placed by or under the same customer account or the same payment method.
6. Subscriptions
Billing and Renewal
Your subscription will continue and automatically renew for successive periods of the same length as the billing cycle you select unless canceled. You consent to our charging your payment method on a recurring basis, at the then-current price for your plan, without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle depends on the plan you select at checkout (for example, weekly, monthly, or annual).
Trial Offers and One-Time Purchases
Certain plans include a free trial period, and we also offer non-renewing one-time purchases with a limited validity period, in each case as disclosed at checkout before you provide payment information. Free trials are limited to one per account; unless you cancel before the trial ends, your trial will automatically convert to a paid subscription at the price and billing interval disclosed at checkout, and your payment method will be charged on the recurring basis described under "Billing and Renewal" above until you cancel. You may cancel a trial at any time before it ends, as described under "Cancellation" below. One-time purchases are not subscriptions, do not renew, and expire a fixed number of days after purchase as disclosed at checkout; any unused portion is forfeited upon expiration, except as required by applicable law.
Cancellation
Except as required by applicable law (including, for California residents, the California Business & Professions Code §17600 et seq.), and except as provided under "Billing Errors and Refunds" below, all purchases are non-refundable. You can cancel your subscription at any time, effective at the end of the current paid term, by logging into your account and using the subscription management portal ("Manage Subscription"). Cancellation is available online; you are not required to telephone us, send postal mail, or take any other step to cancel. If you have any questions or are unsatisfied with our Services, please email us at team@cheat-code.ai.
Billing Errors and Refunds
Notwithstanding the foregoing, we will refund or credit charges that result from: (a) a duplicate charge for the same subscription period; (b) a charge made after you canceled in accordance with these Legal Terms; (c) a charge for which we did not provide you access to the Services; or (d) a processing or billing error on our part. To request a refund or credit under this paragraph, contact us at team@cheat-code.ai no later than thirty (30) days after the date the charge appeared, describing the charge and the problem; billing disputes raised after that period are waived to the extent permitted by applicable law. We will review your request and, if approved, issue the refund or credit to your original payment method promptly, typically within ten (10) business days. Nothing in this paragraph limits any non-waivable right you have under applicable law or your rights under the AAA Consumer Rules.
Fee Changes
We may, from time to time, make changes to the subscription fee. We will notify you of any change to your subscription price by email to the address associated with your account at least thirty (30) days before the change takes effect, and the change will apply no earlier than your next renewal following that notice. If you do not accept a price change, you may cancel your subscription before the change takes effect, and the change will not apply to you for the remainder of your current paid term. Your continued use of the subscription after the effective date of a price change constitutes your acceptance of the new price.
7. Software
We provide desktop software for use in connection with our Services. No separate end user license agreement ("EULA") currently accompanies that software; accordingly, we grant to you a non-exclusive, revocable, personal, and non-transferable license to use the software solely in connection with our Services and in accordance with these Legal Terms. If we make software available in the future under a separate EULA, the terms of that EULA will govern your use of that software. Any software and any related documentation is provided "AS IS" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or performance of any software. You may not reproduce or redistribute any software except in accordance with the EULA or these Legal Terms.
The software may check for, download, and install updates automatically in order to keep the Services secure and current; by installing the software, you consent to these automatic updates. To the extent a component of the software contains open source software, the applicable open source license will govern with respect to that component, and nothing in these Legal Terms limits any rights granted to you by, or imposes obligations on you that conflict with, that open source license.
8. Prohibited Activities
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Use the Services in violation of any obligation you owe to a third party, including the rules, terms, policies, or codes of conduct of any employer, recruiting or interview platform, proctoring service, licensing body, or educational institution.
- Use the Services to misrepresent your identity, qualifications, experience, or credentials to any third party, or to misrepresent the source or authorship of any answer, statement, or work product where doing so is prohibited or would be deceptive.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
- Create user accounts by automated means or under false pretenses.
- Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
9. Services Management
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your content or data or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services. Without limiting the foregoing, we may impose and enforce usage and rate limits on the Services — including queuing, spacing, delaying, rejecting, or capping requests, sessions, or outputs per account — to protect the integrity, security, availability, and fair use of the Services, and exceeding those limits may result in temporary throttling or suspension of the affected features.
10. Privacy Policy
We care about data privacy and security. Please review our Privacy Policy: https://cheat-code.ai/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States and are intended only for users located in the United States. Access from outside the United States is not authorized. If, despite this restriction, you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, you do so on your own initiative and at your own risk, and through your continued use of the Services you are transferring your data to the United States and expressly consent to have your data transferred to and processed in the United States.
11. Term and Termination
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Effect of termination
Upon any expiration or termination of these Legal Terms or your account: (a) all licenses and rights granted to you under these Legal Terms will immediately cease; (b) you must cease all use of the Services and uninstall and destroy all copies of our desktop software in your possession or control; and (c) any amounts you owe us for the period before termination remain due and payable. Termination does not entitle you to any refund except as expressly provided in these Legal Terms or required by applicable law.
Survival
Any provision of these Legal Terms that by its nature should survive termination will survive, including, without limitation: the representations, warranties, prohibitions, and indemnities in Section 1; Section 2 (Intellectual Property Rights); Section 3 (User Representations); Section 13 (Governing Law); Section 14 (Dispute Resolution); Section 16 (Disclaimer); Section 17 (Limitations of Liability); Section 18 (Indemnification); Section 19 (User Content and Data); Section 20 (Electronic Communications, Transactions, and Signatures); and Section 22 (Miscellaneous).
12. Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
The Services depend on third-party providers — including AI model, speech-to-text, hosting, and payment providers — that we do not control. We are not liable for any loss or disruption caused by the outage, degradation, rate-limiting, or discontinuation of any third-party provider, and we may substitute or reconfigure providers as described in our Privacy Policy. If a third-party outage materially disrupts your use of the Services, we may, at our discretion, issue account credits as a goodwill gesture; such credits are the sole remedy for downtime, and downtime or degraded performance is not grounds for a refund except as provided under "Billing Errors and Refunds" or required by applicable law.
13. Governing Law
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Wyoming applicable to agreements made and to be entirely performed within the State of Wyoming, without regard to its conflict of law principles. Nothing in this section deprives you of the protection of any mandatory consumer-protection laws of your state or country of residence that cannot be waived by agreement. If you are a consumer residing in a jurisdiction (such as California) whose laws afford you protections that would otherwise apply, those mandatory protections continue to apply to you notwithstanding this choice of law, and to the extent of any conflict between them and Wyoming law, the mandatory consumer-protection law of your jurisdiction of residence governs.
14. Dispute Resolution
Informal Dispute Resolution
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating arbitration or any court proceeding permitted by this section. Such informal negotiations commence upon written notice from one Party to the other Party (a "Dispute Notice"). If you are the Party asserting the Dispute, your Dispute Notice must be sent by email to team@cheat-code.ai or by mail to the address listed in the "CONTACT US" section; if we assert the Dispute, our Dispute Notice will be sent to the email address associated with your account. A Dispute Notice must include: (a) the name of the Party asserting the Dispute and, if you are that Party, the email address associated with your account; (b) a description of the nature and basis of the Dispute, together with copies of or references to any relevant documentation; (c) a description of the specific relief sought, including, where monetary relief is sought, a good-faith calculation of the amount in controversy; and (d) the personal signature of the Party asserting the Dispute.
Within sixty (60) days of receipt of a complete Dispute Notice, and upon the request of either Party, the Parties shall meet and confer in a good-faith effort to resolve the Dispute by telephone or videoconference (a "Conference"). If a Party is represented by counsel, that Party's counsel may participate in the Conference, but the Party shall also personally participate. A separate Dispute Notice and, if requested, a separate Conference is required for each Dispute, even where the same law firm or coordinated group of law firms represents multiple users. Completion of this informal dispute resolution process is a condition precedent to initiating any arbitration or court proceeding, and a demand for arbitration filed before this condition is satisfied shall not be deemed properly filed. Any applicable statute of limitations (including the one (1) year period specified below) and any filing-fee deadline shall be tolled from the date a complete Dispute Notice is received until the later of (i) thirty (30) days after that date or (ii) fifteen (15) days after a requested Conference is completed.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. These Legal Terms and this arbitration agreement evidence a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this arbitration agreement. The arbitration shall be commenced and conducted under the Consumer Arbitration Rules of the American Arbitration Association ("AAA"), as amended from time to time (the "AAA Consumer Rules"), which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law. The arbitrator's award shall be final and binding on the Parties, and judgment on the award may be entered in any court of competent jurisdiction. To the fullest extent permitted by law, the Parties waive any right to appeal or otherwise challenge the award, except on the grounds set forth in the Federal Arbitration Act, 9 U.S.C. § 10. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Wyoming. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Authority of the Arbitrator
The arbitrator shall have exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of it is void or voidable. Notwithstanding the foregoing, only a court of competent jurisdiction identified in this section (and not the arbitrator) shall decide: (a) whether the class-action and representative-action waiver set forth under "Restrictions" below is valid and enforceable; (b) any Dispute arising out of or relating to a Party's alleged failure to satisfy the informal dispute resolution condition precedent described above; (c) any Dispute concerning the payment or allocation of arbitration fees; and (d) which version of this "DISPUTE RESOLUTION" section applies to a Dispute.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Sheridan County, Wyoming, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) year after the cause of action arose, except where applicable law prescribes a longer limitations period that may not be waived or shortened by agreement. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Small Claims Court
Notwithstanding the foregoing, either Party may bring an individual action in small claims court in lieu of arbitration for any Dispute that is within that court's jurisdiction, so long as the action remains in that court, is not removed or appealed to a court of general jurisdiction, and is brought and maintained solely on an individual, non-class, non-representative basis.
Waiver of Jury Trial
TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO A TRIAL BY JURY IN ANY ACTION, SUIT, OR OTHER PROCEEDING ARISING OUT OF OR RELATED TO THESE LEGAL TERMS OR THE SERVICES, WHETHER THE DISPUTE IS RESOLVED IN ARBITRATION OR, PURSUANT TO AN EXCEPTION OR CARVE-OUT IN THIS SECTION OR OTHERWISE, IN COURT.
Restrictions
The Parties agree that each Party may bring a Dispute against the other only on an individual basis, and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding, whether in arbitration or in court. To the full extent permitted by law, (a) no arbitration or court proceeding shall be joined with, or consolidated into, any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated or litigated on a class-action basis or to utilize class action procedures; 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. This subsection applies to any Dispute that proceeds in court — whether pursuant to an exception in this section, a valid opt-out from this agreement to arbitrate, a finding of unenforceability, or otherwise — to the same extent it applies in arbitration.
If any portion of this "Restrictions" subsection is found to be invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), then that claim or request for relief (and only that claim or request for relief) shall be severed from arbitration and may be litigated in the courts identified for jurisdiction above, after all other claims and requests for relief between the Parties have been finally resolved in arbitration, and all other claims and requests for relief shall remain subject to arbitration on an individual basis. This subsection does not prevent either Party from participating in a class-wide settlement of claims.
Mass Arbitration
If twenty-five (25) or more similar Demands for arbitration are asserted against us by or with the coordination or assistance of the same or coordinated counsel, the Parties agree those Demands will be administered in sequential batches of no more than fifty (50) Demands. Counsel for the claimants and counsel for us shall each select an equal number of Demands from the batch to proceed first as bellwether arbitrations; only the Demands in the active batch shall be filed with the AAA, and only the filing and arbitrator fees for that batch shall then be due. The applicable limitations period is tolled for Demands awaiting a later batch. The arbitrator may issue orders to promote the efficient resolution of the batched Demands. This provision does not waive any Party's substantive rights. If a court or arbitrator finds this provision unenforceable, the affected Demands shall be resolved in the courts identified for jurisdiction above.
Confidentiality of Arbitration
To the fullest extent permitted by law, the Parties shall maintain the confidential nature of the arbitration proceeding, including all filings, materials exchanged, hearings, and the arbitrator's ruling or award, except as may be necessary to prepare for or conduct the arbitration, to confirm, enforce, or vacate the award as permitted by this section, or as otherwise required by law. Nothing in this paragraph limits either Party's ability to make good-faith reports to, or participate in investigations by, government agencies or regulators.
Attorneys' Fees and Costs
Except as otherwise provided in this section or required by applicable law or the applicable AAA rules, each Party shall bear its own attorneys' fees and costs. If a Party brings a Dispute in court in breach of this arbitration agreement and the other Party obtains an order compelling arbitration or dismissing the action in favor of arbitration, the Party obtaining the order may recover its reasonable costs and attorneys' fees incurred in obtaining it. In addition, the arbitrator may award a Party its reasonable attorneys' fees and costs upon a finding that a Dispute, or any claim or defense asserted within it, was frivolous or was brought or maintained for an improper purpose, judged under the standards of Federal Rule of Civil Procedure 11(b).
Your Right to Opt Out
You have the right to opt out of this agreement to arbitrate. To opt out, you must send written notice of your decision within thirty (30) days after first becoming subject to this arbitration agreement (that is, within thirty (30) days after you first accept these Legal Terms), by email to team@cheat-code.ai with the subject line "Arbitration Opt-Out" or by mail to the address listed in the "CONTACT US" section. Your notice must include your name, your mailing address, the email address associated with your account, and a clear statement that you want to opt out of this agreement to arbitrate. If you opt out in accordance with this paragraph, neither Party may require the other to participate in an arbitration proceeding, and any Dispute will instead be resolved exclusively in the courts identified in this section. Opting out of this agreement to arbitrate has no effect on any other portion of these Legal Terms (including, to the extent permitted by law, the "Restrictions" subsection as it applies in court, the limitations period, and the provisions governing jurisdiction and venue) and will not adversely affect your access to or use of the Services.
Changes to This Section
Notwithstanding any other provision of these Legal Terms, if we make any material change to this "DISPUTE RESOLUTION" section in the future, you may reject that change by sending written notice within thirty (30) days of the date the change takes effect, by email to team@cheat-code.ai with the subject line "Rejection of Arbitration Changes" or by mail to the address listed in the "CONTACT US" section. If you timely reject a change, the version of this section that you most recently accepted (or, if you have not otherwise accepted a later version, the version in effect when you first accepted these Legal Terms) will continue to govern all Disputes between you and us, and we will continue to honor any valid opt-out you made under any prior version of this section. Rejecting a change to this section is not a rejection of any other change to these Legal Terms and will not adversely affect your access to or use of the Services.
Exceptions to Informal Dispute Resolution and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal dispute resolution and binding arbitration: (a) any Dispute seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; and (b) any claim for temporary, preliminary, or other equitable injunctive relief in aid of arbitration or to preserve the status quo pending arbitration, including relief to prevent unauthorized use or abuse of the Services. Any Dispute or claim within these exceptions shall be brought and maintained on an individual basis only, consistent with the "Restrictions" subsection above. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
15. Corrections
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
16. Disclaimer
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
THE SERVICES USE ARTIFICIAL INTELLIGENCE TO GENERATE RESPONSES, SUGGESTIONS, CODE, AND OTHER OUTPUTS ("AI OUTPUTS"). AI OUTPUTS MAY BE INCOMPLETE, INACCURATE, OUTDATED, OR INAPPROPRIATE FOR YOUR CIRCUMSTANCES AND ARE NOT PROFESSIONAL, TECHNICAL, LEGAL, MEDICAL, FINANCIAL, OR CAREER ADVICE. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND VERIFYING ANY AI OUTPUT BEFORE RELYING OR ACTING ON IT. WE DISCLAIM ALL LIABILITY FOR ANY CONSEQUENCES ARISING FROM YOUR RELIANCE ON AI OUTPUTS, INCLUDING ADVERSE HIRING OUTCOMES, DISCIPLINARY CONSEQUENCES, OR ERRORS IN WORK YOU SUBMIT AS YOUR OWN.
NO GUARANTEE OF RESULTS. THE SERVICES ARE SOFTWARE TOOLS. WE ARE NOT AN EMPLOYMENT AGENCY, EMPLOYMENT BUSINESS, RECRUITING SERVICE, OR CAREER COUNSELING SERVICE UNDER ANY APPLICABLE LAW. WE DO NOT GUARANTEE ANY INTERVIEW, JOB OFFER, EMPLOYMENT, HIRING, PROMOTION, OR OTHER OUTCOME, ANY IMPROVEMENT IN YOUR PERFORMANCE, OR ANY RESPONSE FROM ANY EMPLOYER, RECRUITER, OR OTHER THIRD PARTY, AND YOU ACKNOWLEDGE THAT ANY SUCH OUTCOME DEPENDS ON FACTORS BEYOND OUR CONTROL.
IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES THAT CANNOT BE DISCLAIMED, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF YOUR FIRST USE OF THE SERVICES.
17. Limitations of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) THE TOTAL AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING, OR (B) ONE HUNDRED U.S. DOLLARS (US $100.00). THIS LIMIT IS AN AGGREGATE LIMIT ACROSS ALL CLAIMS, AND THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE IT. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR THIRD-PARTY SUPPLIERS AND SERVICE PROVIDERS (INCLUDING OUR AI, SPEECH-TO-TEXT, HOSTING, AND PAYMENT PROVIDERS) WILL HAVE NO LIABILITY OF ANY KIND TO YOU ARISING FROM OR RELATING TO THESE LEGAL TERMS OR YOUR USE OF THE SERVICES. NOTHING IN THESE LEGAL TERMS EXCLUDES OR LIMITS ANY LIABILITY, INCLUDING LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT, THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW; THE FOREGOING LIMITATIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
18. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your unlawful use of the Services or your negligent or willful misconduct in connection with the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; (5) any overt harmful act toward any other user of the Services with whom you connected via the Services; (6) any misrepresentation of your identity, qualifications, experience, or credentials, or of the source or authorship of any answer or work product, made to any third party in connection with your use of the Services; or (7) any claim by any person whose voice, likeness, or communications were captured, transcribed, or processed through your use of the Services, including any claim arising from the absence of a legally required notice or consent. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
19. User Content and Data
You agree that we may access, store, process, and use any information and personal data that you provide in accordance with our Privacy Policy and your choices (including settings).
Your content and license to us
"User Content" means the audio, screen images, transcripts, prompts, files, and other content that you capture, input, or process through the Services in the ordinary use of its features. As between you and us, you retain all ownership rights in your User Content; these Legal Terms do not assign your User Content to us. You grant us a non-exclusive, worldwide, royalty-free license — including the right to sublicense to the service providers and subprocessors identified in our Privacy Policy — to host, store, reproduce, adapt, transmit, process, analyze, and display your User Content solely to the extent necessary to operate, provide, secure, maintain, and improve the Services, to comply with applicable law, and to enforce these Legal Terms. You acknowledge that the transmission of User Content to our third-party AI and speech-to-text providers for processing is an integral and necessary part of the Services. For clarity, this license does not include the right to use your User Content to train artificial intelligence or machine learning models. This license ends when the relevant User Content is deleted or the processing for which it was provided is complete, except to the extent copies persist in routine backups or must be retained to comply with law. You represent and warrant that you have all rights necessary to grant this license and that your User Content, and our processing of it as described in these Legal Terms and our Privacy Policy, does not violate applicable law or the rights of any third party.
Optional remote viewing and control
If you enable the optional feature that lets you view and control the application from another device on your local network (off by default, and re-disabled each time the application starts), you stream your application window and primary desktop — including anything else visible on that screen — to the device you connect, which may also send input to control the application; that activity stays between your own devices and is described further in our Privacy Policy. You are solely responsible for enabling it only on networks and devices you trust and for keeping confidential any access credential it generates. This feature is provided on an "AS IS" basis and is subject to the "DISCLAIMER" and "LIMITATIONS OF LIABILITY" sections above.
AI outputs
We do not claim ownership of the responses, suggestions, code, or other outputs generated for you by the Services ("AI Outputs"). As between you and us, and subject to your compliance with these Legal Terms, we assign to you all of our right, title, and interest, if any, in and to the AI Outputs generated for you. You acknowledge that, due to the nature of artificial intelligence, other users may submit similar or identical inputs and may receive similar or identical outputs; AI Outputs generated for other users are not your property, and nothing in this section restricts our provision of AI Outputs to other users. AI Outputs are subject to the "DISCLAIMER" section above.
De-identified and aggregated data
You agree that we may create and use data that has been de-identified or aggregated so that it does not identify you or any other individual — including usage, performance, and diagnostic data — for our lawful business purposes, including operating, securing, evaluating, and improving the Services. We will maintain such data in de-identified form, will not attempt to re-identify it (except solely to test whether our de-identification processes satisfy applicable law), and will not disclose it to any third party in a manner that could reasonably identify you or any other individual.
Data handling and backups
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. This section addresses account, billing, and operational records maintained in our systems; as described in our Privacy Policy, we do not retain your audio, screen images, or transcripts on our servers, so no backup of that content is made by us. You are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
20. Electronic Communications, Transactions, and Signatures
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
21. California Users and Residents
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
22. Miscellaneous
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. You may not assign, transfer, or delegate these Legal Terms or any of your rights or obligations under them without our prior written consent, and any attempted assignment, transfer, or delegation in violation of the foregoing is null and void. Except as expressly provided in the "LIMITATIONS OF LIABILITY" section with respect to our third-party suppliers and service providers, these Legal Terms do not confer any rights or remedies upon any person or entity other than you and us, and nothing in these Legal Terms, express or implied, gives any third party any right to enforce any of their provisions. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
Release
To the fullest extent permitted by law, you hereby release us and our officers, directors, employees, and agents from any and all past, present, and future disputes, claims, controversies, demands, rights, obligations, liabilities, actions, and causes of action of every kind and nature that arise out of or relate, directly or indirectly, to the acts or omissions of any third party in connection with your use of the Services, including other users, employers, interviewers, recruiting or interview platforms, proctoring services, and educational institutions. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "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."
23. Contact Us
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Epiphyte LLC
30 N Gould St Ste N
Sheridan, WY 82801
United States
Phone: 1-307-479-0055
team@cheat-code.ai