Terms of Service and Master Usage Agreement

The website located at https://tryres.ai (the “Site”) and the Res software-as-a-service platform made available through it (together with all related features, tools, and services, the “Services”) are operated by Resonance AI Technology, LLC (“Company,” “Res,” “us,” “our,” and “we”). Certain features of the Site or Services may be subject to additional guidelines, terms, or rules, which will be posted in connection with such features. All such additional terms, guidelines, and rules, together with our Privacy Policy athttps://tryres.ai/privacy (the “Privacy Policy”) and any executed Order Form (as defined in Section 16.1), are incorporated by reference into these Terms.

These Terms of Service and Master Usage Agreement (these “Terms”) set forth the legally binding terms and conditions that govern your use of the Site and the Services. By accessing or using the Site or the Services, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). You may not access or use the Site or the Services or accept the Terms if you are not at least 18 years old. If you do not agree with all of the provisions of these Terms, do not access or use the Site or the Services.

These Terms replace and supersede any prior terms of use or terms of service between you and Company as of the effective date above. Where these Terms add or change material provisions (including the agreement to arbitrate and class-action waiver in Section 16.3, the governing-law and venue provisions in Section 16.4, and the subscription and fee provisions in Section 6), your continued use of the Services after the effective date is conditioned on your affirmative acceptance of these Terms when prompted.

PLEASE BE AWARE THAT SECTION 16.3 CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND COMPANY. AMONG OTHER THINGS, SECTION 16.3 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 16.3 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 16.3 CAREFULLY.

UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

1. Accounts

1.1 Account Creation. In order to use certain features of the Site or the Services, you must register for an account (“Account”). You may register for an Account using Google OAuth or another supported authentication method, and provide certain information about yourself as prompted by the registration flow. When you register using Google OAuth, you authorize Company to receive from Google the basic profile and email information necessary to create and maintain your Account, in accordance with the Privacy Policy and Google’s API Services User Data Policy. Company’s use and transfer of information received from Google APIs adheres to the Google API Services User Data Policy, including its Limited Use requirements, and Company uses that information only to provide and improve the Services delivered to you and not for advertising or to train generalized machine-learning models. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. Company may suspend or terminate your Account in accordance with Section 14.

1.2 Account Responsibilities; Authorized Users. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account, including all activities of any users you authorize to access the Services under your Account or under a shared workspace, instance, or team you control (“Authorized Users”). You are responsible for your Authorized Users’ compliance with these Terms, and any act or omission of an Authorized User that would breach these Terms if done by you is a breach by you. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

2. Access to the Site and Services

2.1 License. Subject to these Terms and to your payment of all applicable fees, Company grants you a non-transferable, non-exclusive, revocable, limited license to access and use the Site and the Services for your own internal business purposes during your subscription term, and to permit your Authorized Users to do the same. This license expressly permits commercial use of the Services by you and your Authorized Users in connection with your own business.

2.2 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or the Services themselves (as distinct from the content you generate for your own business using the Services), whether in whole or in part; (b) you shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site or the Services; (c) you shall not access the Site or the Services in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site or the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. For the avoidance of doubt, content that the Services generate for you and that you publish to your own properties is yours to use commercially as set out in Section 4. Unless otherwise indicated, any future release, update, or addition to functionality of the Services is subject to these Terms. All copyright and other proprietary notices on the Site must be retained.

2.3 Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Site or the Services (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or Services, except as expressly provided in Section 9 (Service Levels and Support) with respect to availability commitments and service credits.

2.4 Support. Company will provide support for the Services at the level described in your applicable plan, Order Form, or subscription tier, as further described in Section 9. Except as so described, the Services are otherwise provided without any committed support or maintenance obligation.

2.5 Ownership. Excluding any User Content and any Generated Content (each defined below), you acknowledge that all intellectual property rights in the Site and the Services, including all software, models, templates, and underlying technology, are owned by Company or Company’s suppliers. Neither these Terms nor your access to the Services transfers to you any rights, title, or interest in or to such intellectual property, except for the limited access rights expressly set forth in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

2.6 Feedback. If you provide Company with any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company may use and fully exploit such Feedback in any manner it deems appropriate. Company will treat Feedback as non-confidential and non-proprietary. You agree not to submit any information or ideas that you consider confidential or proprietary as Feedback.

3. User Content and Uploaded Materials

3.1 User Content. “User Content” means any and all information and content that you submit to, or use with, the Services, including text, brand guidelines, source material, prompts, instructions, and any photographs, logos, or images you upload (“Uploaded Images”). You are solely responsible for your User Content. You assume all risks associated with your User Content, including any reliance on its accuracy or completeness by others. You represent and warrant that your User Content does not violate our Acceptable Use Policy (Section 3.4) and that you own or have all rights, licenses, and permissions necessary to upload it and to authorize the uses described in these Terms. You may not represent or imply that your User Content is provided, sponsored, or endorsed by Company.

3.2 License to User Content. You hereby grant (and represent and warrant that you have the right to grant) to Company a non-exclusive, royalty-free, worldwide license to host, reproduce, modify, create derivative works of, publicly display, and otherwise use and process your User Content solely for the purposes of operating and providing the Services to you, including generating Generated Content for you, publishing content to your connected properties at your direction, and tuning and improving the quality of the output delivered to you. The phrase “improving the quality of the output delivered to you” in the preceding sentence means improving the Generated Content and results produced for your own Account, and does not authorize Company to use your User Content to train, fine-tune, or improve any general-purpose or shared model, as further described in Section 3.3. This license terminates with respect to a given item of User Content when that item is deleted from the Services in the ordinary course or upon termination as described in Section 14, except for content already published by you to your own properties and for commercially reasonable backups retained for a limited period.

3.3 Uploaded Images and User Content; No Model Training. Uploaded Images that you provide are used by Company only to generate article images, illustrations, and related visual content in your brand’s look and feel, for your own use within the Services. To deliver the Services, Company sends User Content and Uploaded Images to third-party model and infrastructure providers that perform generation, analysis, and related processing on Company’s behalf (see Section 5.4). Company does not itself use your Uploaded Images or any of your other User Content to train, fine-tune, or improve any general-purpose or shared machine-learning model, and does not share your Uploaded Images or User Content with other customers. Company configures its model-provider integrations to disable provider training on, and to limit provider retention of, your User Content and Uploaded Images wherever the provider offers that control, and contracts with those providers on terms that prohibit using your content to train their generalized models. Any generation performed on your behalf is performed solely to produce Generated Content for you.

3.4 Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy.” You agree not to use the Site or Services to collect, upload, transmit, display, generate, or publish any content: (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, knowingly false or misleading, trade libelous, obscene, patently offensive, or that promotes bigotry, hatred, or physical harm against any group or individual; (iii) that is harmful to minors; or (iv) that violates any law, regulation, or third-party obligation. In addition, you agree not to: (a) upload or transmit any viruses, worms, or harmful code; (b) send unsolicited or unauthorized advertising or spam through the Services; (c) interfere with or disrupt the Services or their servers or networks; (d) attempt to gain unauthorized access to the Services or related systems; or (e) use automated means to strip, scrape, or mine data from the Services except as expressly permitted. You also agree to comply with the acceptable-use and usage policies of the third-party model providers through which the Services operate, as described in Section 5.4.

3.5 Enforcement. We reserve the right (but have no obligation) to review, refuse, or remove any User Content or Generated Content in our sole discretion, and to investigate and take appropriate action against you if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying content, suspending publishing, suspending or terminating your Account in accordance with Section 14, and reporting you to law enforcement.

4. Generated Content and Publishing

4.1 Generated Content. “Generated Content” means articles, images, comparison pages, listicles, and other content that the Services produce for you, whether from your prompts, your brand inputs, your Uploaded Images, or research the Services perform on your behalf.

4.2 Ownership of Generated Content. As between you and Company, and subject to your payment of applicable fees and to the rights of third parties in any pre-existing materials, you own the Generated Content produced for you, and Company hereby assigns to you all right, title, and interest it has or may have in the final Generated Content delivered to you. You acknowledge that Generated Content is produced by automated and artificial-intelligence systems; that the nature and scope of intellectual-property protection available for AI-assisted or AI-generated material is evolving and may be limited or unavailable under applicable law; that identical or similar content may be generated for other users from different inputs; and that Generated Content may incorporate or reflect outputs of third-party foundation models whose providers retain rights in their own models and technology. Company makes no representation that Generated Content is protectable by copyright or other intellectual-property rights, or that it is free of third-party rights, and your remedies with respect to third-party intellectual-property claims are limited to Section 8.2. The Services, models, templates, and methods used to produce Generated Content remain owned by Company as set out in Section 2.5.

4.3 You Are Responsible for What You Publish. You acknowledge that Generated Content is produced by automated systems and artificial intelligence, may contain errors, omissions, or inaccuracies, and may require review before use. You are solely responsible for reviewing, verifying, and approving all Generated Content before it is published to any property, and for ensuring that anything you publish is accurate, lawful, non-infringing, and compliant with all laws, regulations, and industry standards applicable to you. Company is not responsible or liable for any Generated Content that you review, approve, or publish, or that is published at your direction or under your authorization, including any content published through a configuration or automated setting you enable. The Services are a tool that assists you; they do not replace your editorial, legal, or compliance judgment.

4.4 Publishing and Automated Updating.

(a) Draft mode and live mode. Where you connect a content management system or other property (a “Connected Service”) and direct the Services to publish or update content, you control, through a setting in the Services, whether each publishing or automated-updating feature operates in draft mode or live mode. Draft mode is the default. In draft mode, Generated Content and proposed updates (including, where supported, a comparison of the existing and proposed versions) are saved as drafts in your Connected Service or in the Services, and are published or updated only after you or an Authorized User review the specific item and approve it.

(b) Live mode; automated publishing. If you set a publishing or automated-updating feature to live mode, you direct and authorize the Services to publish new Generated Content, and to apply updates to existing content, to your Connected Service automatically, on the schedule and according to the topics, parameters, and approvals you configure in advance, without your reviewing each individual item before it goes live. You acknowledge and agree that, in live mode: finished Generated Content may be published to your property without prior human review of that specific item; any topic-level or parameter-level approval you give applies to content generated afterward; and you are solely responsible under Section 4.3 for all content published in live mode. The Services will present a clear, conspicuous election before live mode takes effect, and live mode remains in effect until you change the setting.

(c) Your authorization. By connecting a property and approving content, or by enabling live mode, you authorize Company to publish or update content on that property on your behalf as described above. You represent that you have the right to authorize publishing to each property you connect, and that the account or credentials you use to connect it permit this use.

4.5 Regulated Industries. If you operate in a regulated industry (including, without limitation, healthcare, financial services, or legal services), you are solely responsible for ensuring that all Generated Content you approve and publish complies with the laws, regulations, advertising rules, disclosure requirements, and professional standards applicable to you, and for routing Generated Content through your own internal review, compliance, and approval workflows before publication. Company does not provide regulatory, legal, medical, or compliance advice, does not warrant that Generated Content satisfies any particular regulatory standard, and is not a regulated entity with respect to your industry. The approval-before- publish design described in Section 4.4 exists to allow your compliance processes to operate; it does not transfer responsibility for compliance to Company. You may not submit Protected Health Information (as defined under HIPAA) to the Services except under an executed Business Associate Addendum as described in Section 10.5.

5. Third-Party Connections and Data Access

5.1 Connected Services. The Services allow you to connect third-party services, including content management systems (such as WordPress, Webflow, Framer, GitHub, Contentful, Notion, or Sanity), authentication providers (such as Google), and other tools (each, a “Connected Service”). When you connect a Connected Service, you authorize Company to access, retrieve, store, create, modify, and (subject to Section 4.4) publish content and data within that Connected Service to the extent necessary to provide the Services you have requested. A connection to “WordPress” may be to a self-hosted WordPress site or to a site hosted on WordPress.com (operated by Automattic Inc.), and the third-party terms referenced in Section 5.3 are those of the surface you connect.

5.2 Scope of Access; Credentials. You authorize the specific access described at the time you connect a Connected Service, including via OAuth tokens, API keys, application passwords, or similar credentials. You represent that you have the authority to grant that access for each Connected Service and account you connect. You may revoke a connection at any time through the Services or through the Connected Service; revoking access may limit or disable parts of the Services. Company will use commercially reasonable measures, as described in Section 10.6, to protect connection credentials and will use them only to provide the Services.

5.3 Third-Party Terms. Your use of any Connected Service remains governed by that third party’s own terms and policies. Company is not responsible for any Connected Service, for changes a third party makes to its service or APIs, or for any act or omission of a third party. If a Connected Service’s terms conflict with how the Services operate, it is your responsibility to resolve that with the third party.

5.4 Third-Party Model and Data Providers. The Services are delivered using third-party providers that process User Content, Uploaded Images, and other data on Company’s behalf, including foundation-model providers (such as Anthropic, OpenAI, Google, Perplexity, and Replicate), search and data providers, and content-extraction providers. Your use of the Services is subject to the acceptable-use and usage policies of these model providers, and you agree not to use the Services in a manner that would cause Company to violate those policies. Company processes data from Connected Services and these providers in accordance with these Terms and the Privacy Policy, and only to provide and improve the Services delivered to you, consistent with the no-training and no-customer-sharing commitments in Section 3.3. A current list of Company’s material subprocessors is maintained as described in the Privacy Policy, and Company may add, remove, or change the providers it uses to deliver the Services, notifying customers of material subprocessor changes as described in the Privacy Policy. You are responsible for ensuring you have the right to allow Company to access and process any data, including any personal data of third parties, contained in a Connected Service you connect.

5.5 Data Handling. Company will access and process data from Connected Services and from the providers described in Section 5.4 in accordance with these Terms, the Privacy Policy, and, where applicable, the Data Processing Addendum (Exhibit A). You are responsible for ensuring you have the right to allow Company to access and process any data, including any personal data of third parties, contained in any source you connect or direct Company to process.

5.6 Brand Intelligence and Listening Data. Certain features of the Services (collectively, “Brand Intelligence”) collect, store, classify, and surface publicly available content published by third parties about brands, products, and categories, from public sources that may include Reddit, YouTube, and G2, together with links to the original source (“Listening Data”). Listening Data originates with third parties and the platforms that host it; Company does not author it and does not warrant its accuracy, completeness, or fitness for any purpose, and it is provided for informational and research purposes only. You are solely responsible for how you use, rely on, quote, or republish Listening Data, including any intellectual-property, publicity, or defamation considerations arising from your use of third-party content, and for compliance with the terms of the source platforms when you act on it. To the extent Listening Data includes personal data, Company processes it in accordance with the Privacy Policy and applicable law. The sources from which the Services collect Listening Data may change as the Services evolve.

6. Subscription, Fees, and Payment

6.1 Free Tier. Company may offer a free tier that allows you to generate a limited number of articles without charge and without providing a payment method, as described on the Site at the time of registration. The free tier is provided “as is,” may be modified or discontinued on a going-forward basis, and is subject to these Terms. Once your free allotment is exhausted, continued use of the Services requires a paid subscription.

6.2 Subscriptions. Beyond the free tier, the Services are offered on a subscription basis. Subscriptions are offered with monthly or annual terms, as described at the point of purchase, and annual subscriptions may be offered at a discount to the equivalent monthly rate. Unless your Order Form states otherwise, subscriptions are billed in advance for the applicable term and automatically renew for successive periods of the same length until cancelled in accordance with Section 6.6.

6.3 Usage Allotments. Usage of the Services is measured in units of generation (each, an “artifact”). Each subscription plan includes a fixed allotment of artifacts for each billing period. Different operations may consume different numbers of artifacts depending on their scope and cost. An artifact is consumed when an operation is initiated, not when its output is reviewed or accepted, and consumption is not contingent on your acceptance of the resulting Generated Content. When your available allotment for a period is exhausted, further artifact-consuming operations are unavailable until your allotment renews for the next period or until you purchase additional allotment under Section 6.4. Allotments included with a subscription plan reset at the start of each billing period and do not carry over, except for Additional Allotment purchased under Section 6.4.

6.4 Additional Allotment. You may purchase additional artifacts as one-time, non-subscription charges (“Additional Allotment”). Additional Allotment is charged at the time of purchase, does not reset on the periodic subscription cycle and does not expire on that cycle, and is consumed only after the artifacts included with your then-current subscription plan for the period have been consumed. Additional Allotment that you have purchased and not yet consumed is retained for your use and is not forfeited upon cancellation or non-renewal of your subscription, subject to Section 14.3. Volume discounts, if any, are as described at the point of purchase.

6.5 Fees and Payment. You agree to pay all fees for the plan, subscription, or Additional Allotment you select, at the rates in effect when the charge is incurred. Payments are processed through our third-party payment processor, and you authorize us and that processor to charge your designated payment method for all applicable fees, including recurring subscription fees on each renewal. You are responsible for providing current, complete, and accurate billing information. All fees are exclusive of taxes, which you are responsible for unless we are legally required to collect them.

6.6 Automatic Renewal; Consent and Cancellation. Your subscription automatically renews as described in Section 6.2. The auto-renewal terms, the recurring charge and its frequency, and the method of cancellation are disclosed to you in a clear and conspicuous manner before you purchase, and your enrollment in automatic renewal requires your affirmative consent to those terms at the point of purchase, separate from your general acceptance of these Terms. You may cancel your subscription at any time through a self-service cancellation function in your Account or billing settings, using the same medium through which you enrolled and without contacting support, or by contacting us. Cancellation takes effect at the end of the then-current billing period. You will retain access to the Services through the end of the period you have paid for, and you will not be charged for subsequent periods. Except where required by law, fees already paid are non-refundable, and partial periods are not prorated or refunded. Cancellation of a subscription does not forfeit unused Additional Allotment, which is governed by Section 6.4 and Section 14.3.

6.7 Changes to Fees. We may change our fees on a going-forward basis. We will provide you at least thirty (30) days advance notice of any fee change before it applies to your next renewal. Your continued use of the Services after a fee change takes effect constitutes acceptance of the new fees. If you do not agree to a fee change, you may cancel under Section 6.6 before the change takes effect.

7. Confidentiality

7.1 Confidential Information. “Confidential Information” means non-public information disclosed by one party (the “Disclosing Party”) to the other (the “Receiving Party”) that is designated as confidential or that reasonably should be understood to be confidential given its nature and the circumstances of disclosure, including your User Content and the non-public features, pricing, and performance of the Services. Confidential Information does not include information that the Receiving Party can show is or becomes public through no fault of the Receiving Party, was rightfully known to it without confidentiality obligation, is rightfully received from a third party without breach of any obligation, or is independently developed without use of the Disclosing Party’s Confidential Information.

7.2 Obligations. The Receiving Party will use the Disclosing Party’s Confidential Information only to perform under these Terms, will protect it using at least reasonable care, and will not disclose it except to its employees, contractors, and advisors who need to know it and are bound by confidentiality obligations at least as protective as these. The Receiving Party may disclose Confidential Information if required by law, provided that, where legally permitted, it gives the Disclosing Party reasonable prior notice and cooperates in any effort to obtain confidential treatment. These obligations survive for three (3) years after disclosure, and indefinitely for trade secrets for so long as they remain trade secrets under applicable law.

8. Indemnification

8.1 Your Indemnification. You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including reasonable costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site or Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, (d) your User Content or Uploaded Images, or (e) any Generated Content you reviewed, approved, published, or directed or authorized to be published, including any claim that such content is inaccurate, infringing, defamatory, or non-compliant with laws or regulations applicable to you. Company reserves 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 with our defense. You agree not to settle any matter without our prior written consent. Company will use reasonable efforts to notify you of any such claim upon becoming aware of it.

8.2 Company’s Indemnification. Company will defend you against any third-party claim alleging that the Services, as provided by Company and used in accordance with these Terms, infringe a United States patent, copyright, or trademark or misappropriate a trade secret, and will indemnify you for damages finally awarded against you (or amounts payable in a settlement Company approves) on such a claim. If the Services become, or in Company’s opinion are likely to become, the subject of such a claim, Company may at its option and expense (i) procure for you the right to continue using the Services, (ii) modify or replace the Services so they become non-infringing while substantially preserving their functionality, or (iii) if neither (i) nor (ii) is commercially reasonable, terminate the affected Services and refund any prepaid fees for the terminated portion of the subscription term. This Section 8.2 does not apply to, and Company has no obligation with respect to, any claim arising from (a) Generated Content (which is addressed by Sections 4.3 and 8.1), (b) User Content, (c) your modification of the Services or any output, (d) the combination or use of the Services with software, content, data, or services not provided by Company, (e) your use of the Services other than as permitted by these Terms or the documentation, or (f) any Connected Service or third-party model or data provider. This Section 8.2 states Company’s entire liability, and your exclusive remedy, for any claim of intellectual-property infringement or misappropriation.

8.3 Procedure. Each party’s indemnification obligation is conditioned on the indemnified party (a) promptly notifying the indemnifying party in writing of the claim (provided that failure to give prompt notice relieves the indemnifying party only to the extent it is prejudiced), (b) giving the indemnifying party sole control of the defense and settlement of the claim (except that the indemnifying party may not settle a claim in a manner that imposes a non-monetary obligation or admission on the indemnified party without its consent, not to be unreasonably withheld), and (c) providing reasonable cooperation at the indemnifying party’s expense.

9. Service Levels and Support

9.1 Availability. Company will use commercially reasonable efforts to make the Services available in accordance with the service-level commitments, if any, stated in your plan or Order Form. Where a target availability level and associated service credits are stated, those service credits are your sole and exclusive remedy, and Company’s entire liability, for any failure to meet the stated availability level. Scheduled maintenance, emergency maintenance, and events outside Company’s reasonable control (including as described in Section 16.6) are excluded from availability measurement.

9.2 Support. Company will provide support at the level described in your plan or Order Form. Absent a stated support level, support is provided on a commercially reasonable, best-efforts basis through the channels identified on the Site.

10. Data Protection

10.1 Roles. As between the parties, you are the controller (or business) of personal data contained in your User Content and in data you direct Company to process, and Company is the processor (or service provider) that processes that personal data on your behalf and on your documented instructions to provide the Services. Company is the controller of Account and billing information it collects to operate the Services and its business, as described in the Privacy Policy.

10.2 Data Processing Addendum. Where Company processes personal data on your behalf that is subject to data-protection laws (including the EU and UK GDPR and the California Consumer Privacy Act, as amended), the Data Processing Addendum attached as Exhibit A is incorporated into and forms part of these Terms and governs that processing. In the event of a conflict between Exhibit A and the body of these Terms with respect to the processing of personal data, Exhibit A controls.

10.3 International Transfers. To the extent Company processes personal data subject to cross-border transfer restrictions, the parties will rely on the transfer mechanisms set out in Exhibit A, including the applicable Standard Contractual Clauses and any UK Addendum.

10.4 CCPA. With respect to personal data subject to the California Consumer Privacy Act, Company acts as a service provider, processes that personal data only to perform the Services and for the limited purposes permitted by law, and does not sell or share it or retain, use, or disclose it for any purpose other than performing the Services.

10.5 Protected Health Information. The Services are not configured to receive Protected Health Information or electronic Protected Health Information (“PHI”) as defined under the Health Insurance Portability and Accountability Act (“HIPAA”) except under a Business Associate Addendum executed by the parties (Exhibit B). Unless and until such a Business Associate Addendum is in effect, you must not submit PHI to the Services, and Company has no liability arising from PHI submitted in breach of this Section.

10.6 Security. Company will maintain commercially reasonable administrative, technical, and organizational safeguards designed to protect the security, confidentiality, and integrity of User Content and connection credentials, consistent with the measures described in Exhibit A where applicable. No method of transmission or storage is completely secure, and Company does not warrant that the Services cannot be compromised.

11. Disclaimers

THE SITE AND SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR THAT GENERATED CONTENT OR LISTENING DATA WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, NON-INFRINGING, OR SAFE. YOU ACKNOWLEDGE THAT GENERATED CONTENT IS PRODUCED BY AUTOMATED AND AI SYSTEMS AND, EXCEPT WHERE YOU ENABLE LIVE MODE UNDER SECTION 4.4, MUST BE REVIEWED BY YOU BEFORE USE; WHERE YOU ENABLE LIVE MODE, GENERATED CONTENT IS PUBLISHED AT YOUR DIRECTION WITHOUT INDIVIDUAL HUMAN REVIEW AND YOU REMAIN RESPONSIBLE FOR IT. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO 90 DAYS FROM THE DATE OF FIRST USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

12. Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO AND USE OF THE SITE AND SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA, RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (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 FEES YOU PAID TO COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED US DOLLARS. THE FOREGOING CAP DOES NOT APPLY TO YOUR PAYMENT OBLIGATIONS, TO EITHER PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 8, OR TO LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

13. Third-Party Links and Ads; Other Users

13.1 Third-Party Links and Ads.The Site or Services may contain links to third-party websites and services and may display third-party advertisements (“Third-Party Links & Ads”). These are not under Company’s control, and Company is not responsible for them. Company provides access to them only as a convenience and does not endorse or make any representations about them. You use all Third-Party Links & Ads at your own risk. When you click on any Third-Party Link or Ad, the applicable third party’s terms and policies apply.

13.2 Other Users. Each user is solely responsible for its own User Content. Because we do not control User Content, you acknowledge that we are not responsible for any User Content, whether provided by you or others. Your interactions with other users are solely between you and them, and Company will not be responsible for any resulting loss or damage.

13.3 Release.You hereby release and forever discharge Company (and our officers, employees, agents, successors, and assigns) from every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action that has arisen or arises directly or indirectly out of, or relates to, the Site or Services (including any interactions with other users or any Third-Party Links & Ads). 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 WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

14. Term and Termination

14.1 Term. These Terms remain in full force and effect while you use the Site or Services.

14.2 Termination. We may suspend or terminate your rights to use the Site and Services (including your Account) at any time for any reason at our sole discretion, including for any use in violation of these Terms or for non-payment. You may terminate by cancelling your subscription and deleting your Account.

14.3 Effect of Termination; Data Retention and Export. Upon termination, your right to access and use the Services ends. Following termination or cancellation, Company will retain the User Content and Generated Content associated with your Account for a period of thirty (30) days to allow you to export it, after which it will be deleted from Company’s live systems (commercially reasonable backups may persist for a limited additional period and are then deleted in the ordinary course). You may also delete your content at any time through the Services. Unused Additional Allotment is handled in accordance with Section 6.4. Content you have already published to your own properties or Connected Services is yours and remains in place; termination of the Services does not remove it from your properties. Company will not have liability to you for any termination of your rights under these Terms or for deletion of content in accordance with this Section.

14.4 Survival. Even after your rights under these Terms are terminated, the following provisions remain in effect: Sections 1.2, 2.2, 2.5, 2.6, 3, 4, 5.3, 5.4, 5.5, 5.6, 6 (as to accrued fees and unused Additional Allotment), 7, 8, 9.1 (as to accrued credits), 10, 11, 12, 13, 14.3, 15, and 16.

15. Copyright Policy

Company respects the intellectual property of others and asks that users of the Site and Services do the same. We have adopted a policy providing for the removal of infringing materials and the termination, in appropriate circumstances, of users who are repeat infringers. If you believe that material on the Services unlawfully infringes your copyright, please provide our designated Copyright Agent with a written notification (pursuant to 17 U.S.C. § 512(c)) containing:

• your physical or electronic signature;
• identification of the copyrighted work(s) you claim to have been infringed;
• identification of the material you claim is infringing and that you request us to remove;
• sufficient information to permit us to locate such material;
• your address, telephone number, and e-mail address;
• a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
• a statement that the information in the notification is accurate, and, under penalty of perjury, that you are the copyright owner or authorized to act on the owner’s behalf.

Pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorneys’ fees incurred by us in connection with the notification.

Designated Copyright Agent: Hai Minh Tran, Resonance AI Technology, LLC, 7703 Sunnyside Avenue North, Seattle, Washington 98103. Email:admin@tryres.ai.

16. General

16.1 Order of Precedence; Order Forms. Enterprise and other negotiated terms may be set out in an ordering document executed by the parties (an “Order Form”). In the event of a conflict, the following order of precedence governs, from highest to lowest: (a) the Data Processing Addendum (Exhibit A) and Business Associate Addendum (Exhibit B), as to their respective subject matter; (b) an executed Order Form; (c) the body of these Terms; and (d) any policy or guideline incorporated by reference. Absent an Order Form, the body of these Terms governs.

16.2 Changes. These Terms are subject to occasional revision. If we make any material changes, we will notify you by email to the last address you provided or by prominently posting notice on the Site, and, where the change is materially adverse to you, we will obtain your affirmative acceptance before the change applies to you. You are responsible for keeping your email address current. Except where affirmative acceptance is required, your continued use of the Site or Services following notice of changes constitutes your acceptance of those changes.

16.3 Dispute Resolution. Please read the following arbitration agreement in this Section (the “Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Company and limits the manner in which you can seek relief.

(a) Applicability. You agree that any dispute between you and any of the Company Parties relating in any way to the Site, the Services, or these Terms will be resolved by binding arbitration, rather than in court, except that (1) you and the Company Parties may assert individualized claims in small claims court if the claims qualify and remain in such court on an individual, non-class basis; and (2) you or the Company Parties may seek equitable relief in court for infringement or misuse of intellectual property rights. This Arbitration Agreement survives termination of these Terms. “Company Parties” means Company and its parent companies, subsidiaries, affiliates, successors and assigns, and all of their respective officers, directors, employees, agents, and representatives.

(b) Informal Resolution. Before either party commences arbitration, the parties will meet and confer telephonically or by videoconference in a good-faith effort to resolve the dispute informally (an “Informal Dispute Resolution Conference”), and will hold that conference within 45 days after one party gives the other written notice of intent. Notice to Company should be sent to admin@tryres.ai or to 7703 Sunnyside Avenue North, Seattle, Washington 98103, and must include your name, contact information, counsel’s information (if any), and a description of the dispute. Engaging in this conference is a condition precedent to commencing arbitration. Neither party may commence arbitration until 60 days after the date the written notice of intent was given, during which the Informal Dispute Resolution Conference must be held. Applicable limitations periods and filing deadlines are tolled during this process.

(c) Arbitration Rules and Forum. These Terms evidence a transaction involving interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. If the informal process does not resolve the dispute within the 60-day period described in subsection (b), either party may commence binding arbitration administered by JAMS. Disputes with an amount in controversy under $250,000 (excluding attorneys’ fees and interest) are subject to JAMS’ Streamlined Arbitration Rules; all other claims are subject to JAMS’ Comprehensive Arbitration Rules. The rules are available at www.jamsadr.com or by calling 800-352-5267. Unless the parties agree otherwise or Batch Arbitration under subsection (g) applies, the arbitration will be conducted in the county where you reside or, if that venue cannot be established, in King County, Washington, and your responsibility for JAMS fees will be as set forth in the applicable JAMS Rules. All materials exchanged in the arbitration will be kept confidential.

(d) Authority of Arbitrator. The arbitrator has exclusive authority to resolve all disputes subject to arbitration, except that: disputes regarding the “Waiver of Class or Other Non-Individualized Relief,” the payment of arbitration fees, whether a party has satisfied any condition precedent to arbitration, and which version of the Arbitration Agreement applies, are decided by a court of competent jurisdiction and not the arbitrator. The arbitration will not be consolidated with any other matter except as provided under Batch Arbitration. The arbitrator may award monetary damages and any non-monetary relief available to an individual party under applicable law and these Terms, and will issue a written, reasoned award. The award is final and binding, and judgment may be entered in any court of competent jurisdiction.

(e) Waiver of Jury Trial. EXCEPT AS SPECIFIED IN SECTION 16.3(a), YOU AND THE COMPANY PARTIES WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY, ELECTING INSTEAD THAT ALL COVERED CLAIMS BE RESOLVED BY ARBITRATION.

(f) Waiver of Class or Other Non-Individualized Relief. YOU AND COMPANY AGREE THAT, EXCEPT AS SPECIFIED IN THE BATCH ARBITRATION PROVISION IN SUBSECTION (g), EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a court decides, by a final non-appealable decision, that this waiver is invalid or unenforceable as to a particular claim or request for relief, that claim or request will be severed from the arbitration and may be litigated in the state or federal courts located in King County, Washington, consistent with Section 16.4.

(g) Batch Arbitration. “Batch Arbitration” means the process described in this subsection. If 100 or more individual arbitration requests of a substantially similar nature are filed against Company by or with the assistance of the same law firm or organization within a 30-day period, JAMS will administer them in batches of up to 100, appoint one arbitrator per batch, and resolve each batch as a single consolidated arbitration with one set of fees per side per batch, one procedural calendar, one hearing (if any), and one final award. This provision does not authorize class, collective, or mass arbitration.

(h) 30-Day Right to Opt Out. You may opt out of this Arbitration Agreement by sending written notice within 30 days after first becoming subject to it, to 7703 Sunnyside Avenue North, Seattle, Washington 98103, or admin@tryres.ai. Your notice must include your name and address and a clear statement that you want to opt out. Opting out has no effect on any other parts of these Terms.

(i) Invalidity; Survival. Except as to the class-waiver subsection, if any part of this Arbitration Agreement is found invalid or unenforceable, that part is severed and the remainder continues in effect. Any dispute must be initiated within the applicable statute of limitations or be forever time-barred.

(j) Modification. If Company makes any future material change to this Arbitration Agreement, you may reject that change within 30 days of its effective date by writing to the addresses above. Rejecting a change does not provide a new opportunity to opt out if you previously agreed to a version of these Terms without validly opting out.

16.4 Governing Law; Venue. These Terms and any dispute arising out of or related to them or the Services are governed by the laws of the State of Washington, without regard to its conflict-of-laws principles, except that the Federal Arbitration Act governs Section 16.3. For any dispute that is not subject to arbitration under Section 16.3, and for any action to enforce an arbitration award, the parties consent to the exclusive jurisdiction of, and venue in, the state and federal courts located in King County, Washington, and waive any objection to that jurisdiction or venue, except where applicable law gives a consumer the non-waivable right to bring an action in the consumer’s home jurisdiction.

16.5 Export. The Services may be subject to U.S. export control laws and import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of applicable export laws. You represent that you are not named on, and are not owned or controlled by a party named on, any U.S. government restricted-party or sanctions list, and that you will not use the Services in violation of applicable sanctions or anti-corruption laws, including the U.S. Foreign Corrupt Practices Act.

16.6 Force Majeure. Company will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, labor disputes, internet or utility failures, acts of civil or military authority, failures of third-party providers or Connected Services, and denial-of-service or other attacks.

16.7 Publicity. Company may identify you by name and logo as a customer of the Services on its website and in customer lists and marketing materials. You may revoke this permission at any time by written notice to admin@tryres.ai, after which Company will cease new uses within a reasonable period.

16.8 Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Company’s prior written consent, except that either party may assign these Terms in their entirety, on notice and without the other party’s consent, to a successor in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Any attempted assignment in violation of this Section is void. Company may otherwise freely assign these Terms. These Terms bind and inure to the benefit of the parties’ permitted successors and assigns.

16.9 Disclosures. Company is located at the address in Section 16.13. If you are a California resident, you may report complaints to 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, CA 95834, or by telephone at (800) 952-5210.

16.10 Electronic Communications. Communications between you and Company use electronic means. For contractual purposes, you (a) consent to receive communications from Company in electronic form; and (b) agree that all terms, agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that they be in writing. This does not affect your non-waivable rights.

16.11 Cookies and Analytics. The Site and Services use cookies and similar technologies and third-party analytics as described in the Privacy Policy. Your use of the Site is subject to the Privacy Policy, which is incorporated into these Terms by reference.

16.12 Entire Terms. These Terms, together with any executed Order Form and the exhibits and policies incorporated by reference, constitute the entire agreement between you and us regarding the Site and Services and supersede any prior agreements on that subject. Our failure to enforce any right or provision is not a waiver. Section titles are for convenience only. “Including” means “including without limitation.” If any provision is held invalid or unenforceable, the remaining provisions remain in effect and the invalid provision is modified to the minimum extent necessary to make it valid and enforceable. Your relationship to Company is that of an independent contractor; neither party is an agent or partner of the other.

16.13 Copyright/Trademark Information; Contact. Copyright © 2026 Resonance AI Technology, LLC. All rights reserved. All trademarks, logos, and service marks displayed on the Site or Services are the property of Company or third parties and may not be used without prior written consent.

Resonance AI Technology, LLC
7703 Sunnyside Avenue North
Seattle, Washington 98103
Telephone: 347-404-2122
Email: admin@tryres.ai