Last updated: 2/3/2026
We've drafted these Terms of Service (which we call the "Terms") so you'll know the rules that govern our relationship with you. Although we have tried our best to strip the legalese from the Terms, there are places where these Terms may still read like a traditional contract. There's a good reason for that: These Terms do indeed form a legally binding contract between you and H3R3, Inc. ("Doubtfire" or "Doubtfire AI" or "Doubtfire App"). So please read them carefully.
By using Doubtfire, our scheduling, task or reminder tools, our messaging and communication tools, our AI tools or any of our other products or services that link to these Terms (we refer to these collectively as the "Services"), you agree to the Terms. Of course, if you don't agree with them, then don't use the Services.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. YOU AND DOUBTFIRE AGREE THAT, EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND DOUBTFIRE WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION AS EXPLAINED IN THAT ARBITRATION CLAUSE.
No one under 18 is allowed to create an account for a new family. You may, however, add a user to your account who is younger than 18 years old, but only if you are such user's parent or legal guardian. No one under 13 years of age is permitted to create an account.
By using the Services, you state that:
If you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity.
Doubtfire grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services' benefits in a way that these Terms and our usage policies allow.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device's settings.
You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so. Further, you may not automatically or programmatically extract or scrape data or Content from the Services, or use Content to develop models that compete with Doubtfire.
Except with respect to Your Content and other User Content (both defined below), you agree that Doubtfire and its affiliates own all rights, title, and interest in the Services (including but not limited to, any computer code, models, themes, objects, concepts, methods of operation, moral rights, documentation, and software).
Many of our Services let you create, upload, post, send, receive, and store content. Content can be images, files, notes, messages, tasks, events or anything else that you add to the Doubtfire platform ("Input"). When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content. You may also create or generate Content through the Services in response to your Inputs ("Output"). Input and Output are collectively "Your Content" for the purposes of this Agreement. At your instruction, the Services may reference Content from third-party sources in connection with your use of certain functionalities ("Reference Content"), or Content that is provided or created by other users ("User Content"), both of which may be used or combined with other Inputs to create Output or otherwise be made available to you.
For all Content you submit to the Services, you grant Doubtfire and our affiliates a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services (including, but not limited to, training artificial intelligence models) and researching and developing new ones. In short, if you want to add an event to your family calendar by uploading an image of a flyer, then you need to grant us a right to that image in order to do that.
Certain Services may enable you to specify the level at which such Services permit other users to view or access Your Content, and you are solely responsible for choosing the appropriate level of access. We may also from time to time use third-party services in connection with your use of the Services and this may involve sharing Your Content with such third-party services. Such third-party services are not under our control and we are not responsible for such third-party services.
While we're not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including to provide and develop the Services or if we think your content violates these Terms. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service. You also agree to adhere to the Copyright and Safety sections of this agreement. Doubtfire reserves the right to:
If we become aware of any possible violations by you of these Terms, we reserve the right to investigate such violations. If, as a result of the investigation, we believe that criminal activity has occurred, we reserve the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Doubtfire is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Services, including Your Content, in Doubtfire's possession in connection with your use of the Services, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce these Terms, (iii) respond to any claims that Your Content violates the rights of third parties; (iv) respond to your requests for technical support; or (v) protect the rights, property, or personal safety of Doubtfire, its users, or the public, and all enforcement or other government officials, as Doubtfire in its sole discretion believes to be necessary or appropriate.
You agree that Doubtfire retains the right to create reasonable limits on Doubtfire's use and storage of Content (including Your Content), such as limits on file size, storage space, processing capacity, and similar limits as determined by Doubtfire in our sole discretion. Doubtfire has no responsibility for the retention or deletion of any Content (including Your Content), the failure to transmit or receive transmission of any Content, or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services.
We always love to hear from our users. But if you provide feedback or suggestions, just know that we can use them without compensating you, and without any restriction or obligation to you.
Our Services include AI-enabled features ("AI Features") that use inputs like text, images, audio files, videos, documents, data, or other content provided by you or used at your direction ("Inputs") to generate content and responses based on those Inputs ("Outputs"). All Inputs and Outputs will be treated for the purpose of these Terms as content you submit to the Services and accordingly any rights and licenses granted to us and obligations on you in respect of content submitted or made available by you in these Terms applies to Inputs and Outputs, including the licenses set out in "Rights You Grant Us" above. We collect, use, disclose, and retain Inputs and Outputs in accordance with our Privacy Policy.
While we integrate certain safeguards into AI Features, Outputs may not be reviewed in advance and may be inaccurate, incomplete, misleading, offensive, objectionable, inappropriate, infringing, unsuitable, unlawful, unfit for particular purposes, or the same or similar to content generated for other users of the Services. Outputs may also contain content inconsistent with Doubtfire's view, and Doubtfire does not endorse any content included in any Outputs. If Outputs reference individuals or third parties including their products or services, it does not mean the individual or third party endorses Doubtfire, or that they or these products are affiliated with Doubtfire.
AI Features and Outputs are provided as-is and made available to you without representations or warranties of any kind, whether express or implied. This means that your use of any AI Features and Outputs is at your own risk, and you should not rely on them for any purpose, including to make decisions or for professional, medical, legal, financial, educational or other advice. Outputs are not Doubtfire representations. You are solely responsible for your use of AI Features, including any of the Outputs and decisions made or action taken (whether by you or the AI Feature) based on any Input or Output.
When using our AI Features, unless we give our permission, you must not, and must not take any action that would reasonably be expected to:
You agree that Doubtfire may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary: (a) as required by law or to comply with legal process; (b) as required to enforce our User Terms; (c) to provide you with customer support for the Services; (d) to respond to any claims that User Content or Organization Content violates the rights of other parties; or (d) to protect the rights, property or safety of Doubtfire and other Users on the Services or the Public at large.
You should read our entire Privacy Policy for more details. Your acceptance of these User Terms is also an acceptance of this Privacy Policy.
Doubtfire respects the rights of others. And so should you. You therefore may not use the Services, or enable anyone else to use the Services, in a manner that:
Doubtfire honors copyright laws, including the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if Doubtfire becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user's account.
We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please file a notice with our designated agent:
email: copyright@doubtfire.ai
Don't use this email address for anything other than reporting copyright infringement, as such emails will be ignored.
If you file a notice with our Copyright Agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must:
We try hard to keep our Services a safe place for all users. But we can't guarantee it. That's where you come in. By using the Services, you agree that:
You are responsible for any activity that occurs in your Doubtfire account. So it's important that you keep your account secure. One way to do that is to not to share your account credentials with anyone else. By using the Services, you agree that, in addition to exercising common sense:
If you think that someone has gained access to your account, please immediately reach out to Doubtfire Support.
You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you're unsure what those charges may be, you should ask your service provider before using the Services.
If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party's terms will govern the respective party's relationship with you. Doubtfire is not responsible or liable for a third party's terms or actions taken under the third party's terms.
The Service may allow you to link your Account with a third party account controlled by you (a "Third-Party Account"), as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. For example, you may connect your Google Email account to Doubtfire. You represent that you are entitled to grant Doubtfire access to your Third-Party without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Doubtfire to pay any fees or making Doubtfire subject to any usage limitations imposed by such third-party service providers. By granting Doubtfire access to any Third-Party Account, you understand that Doubtfire may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials that you have provided to and stored in your Third-Party Account so that it is available on and through the Service via your Account. YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND DOUBTFIRE DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS.
If you purchase any Services, you will provide complete and accurate billing information, including a valid payment method. For paid subscriptions, we will automatically charge your payment method on each agreed-upon periodic renewal until you cancel. You're responsible for all applicable taxes, and we'll charge tax when required. If your payment cannot be completed, we may downgrade your account or suspend your access to our Services until payment is received. Subscriptions automatically renew and will continue indefinitely on a month-to-month (or year-to-year) basis until terminated in accordance with these Terms.
You can cancel your paid subscription at any time. Payments are non-refundable, except where required by law, and there are no partial refunds. These Terms do not override any mandatory local laws regarding your cancellation rights. To cancel, follow instructions in the Doubtfire app OR email our support team at help@doubtfire.ai with the subject line "Cancel Subscription".
We may change our prices from time to time. If we increase our subscription prices, we will give you at least 30 days' notice and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase.
We may make available, at our sole discretion, certain promotional credits or benefits for loyalty, award, or promotional purposes ("Promotional Benefits"). Promotional Benefits may expire in accordance with any terms offered with such Promotional Benefits. No purchase is necessary to be eligible to receive Promotional Benefits. Promotional Benefits are eligible for redemption of certain features of the Services. For the avoidance of doubt, Promotional Benefits have no cash value, cannot be reloaded, resold, transferred for value, traded or sold on secondary markets, redeemed for cash, or applied to any other account, except to the extent required by law.
We're relentlessly improving our Services and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.
This also means we may need to update these Terms to reflect any changes to our Services or how we provide them, as well as to comply with legal requirements, or for other legal or security reasons. If those changes to these Terms are material we will provide you with reasonable advance notice (unless changes are required sooner, for example, as a result of a change in legal requirements or where we are launching new Services or features). If you continue to use the Services once the changes come into effect, we will take that as your acceptance.
While we hope you remain a lifelong Doubtfire user, you can terminate these Terms at any time and for any reason by deleting your account.
Doubtfire may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use our Services. For example, we may deactivate your account due to prolonged inactivity.
Regardless of who terminates these Terms, both you and Doubtfire continue to be bound by Sections 2-4 and 6-24 of the Terms.
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Doubtfire, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services, or any products or services provided by a third party in connection with the Services, even if recommended, made available, or approved by Doubtfire, (b) your content, including infringement claims related to your content, (c) your breach of these Terms or any applicable law or regulation, or (d) your negligence or willful misconduct.
We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE DOUBTFIRE ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
DOUBTFIRE TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH DOUBTFIRE WILL BE RESPONSIBLE FOR.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOUBTFIRE AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF DOUBTFIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DOUBTFIRE'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID DOUBTFIRE, IF ANY, IN THE LAST 12 MONTHS.
No failure or delay by either party in exercising any right under the User Terms, will constitute a waiver of that right. No waiver under the User Terms will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.
The User Terms will be enforced to the fullest extent permitted under applicable law. If any provision of the User Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the User Terms will remain in effect.
You may not assign any of your rights or delegate your obligations under these User Terms, whether by operation of law or otherwise, without the prior written consent of us (not to be unreasonably withheld). We may assign these User Terms in their entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY PROVIDE THAT YOU AND DOUBTFIRE AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER. This Arbitration Agreement supersedes all prior versions.
In this Section 20 (the "Arbitration Agreement"), you and Doubtfire, including Doubtfire's officers, directors, employees, contractors and vendors, agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms or the use of the Services or any communications between you and Doubtfire that are not brought in small claims court will be resolved by binding arbitration on an individual basis, except that you and Doubtfire are not required to arbitrate any: (i) disputes or claims within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is an individual dispute and not a class action, (ii) disputes or claims where the only relief sought is injunctive relief, and (iii) disputes in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, patents or other intellectual property rights. To be clear: the phrase "all claims and disputes" also includes claims and disputes that arose between us before the effective date of these Terms. In addition, all disputes concerning the arbitrability of a claim (including disputes about the scope, applicability, enforceability, revocability, or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below. This provision shall be binding upon and enforceable against you, your estate, heirs, executors, administrators, successors and assigns, including any party who is deceased at the time the dispute arises.
We want to address any disputes without needing arbitration. If you have a dispute with Doubtfire that is subject to arbitration, then prior to initiating arbitration, you agree to mail an individualized request ("Pre-Arbitration Demand") via email to arbitration@doubtfire.ai or via regular mail to our office located at 2093 Philadelphia Pike #3633, Claymont, DE 19703 so that we can work together to resolve the dispute. A Pre-Arbitration Demand is valid only if it pertains to, and is on behalf of, a single individual. A Pre-Arbitration Demand brought on behalf of multiple individuals is invalid as to all. The Pre-Arbitration Demand must include:
Likewise, if Doubtfire has a dispute with you, Doubtfire will send an email or text message with its individualized Pre-Arbitration Demand, including the requirements listed above, to the email address or phone number associated with your Doubtfire account. If the dispute is not resolved within sixty (60) days of the date that you or Doubtfire send your Pre-Arbitration Demand, arbitration may then be filed. You agree that compliance with this subsection is a condition precedent to commencing arbitration, and that the arbitrator shall dismiss any arbitration filed without fully and completely complying with these informal dispute resolution procedures. Notwithstanding any other provision of this Agreement, the Arbitration Agreement or ADR Services' Rules, the party against whom an arbitration has been filed has the right to seek a judicial declaration in court regarding whether the arbitration should be dismissed for failure to comply with the informal dispute resolution process set forth in this subsection.
The Federal Arbitration Act, including its procedural provisions, governs the interpretation and enforcement of this dispute-resolution provision, and not state law. If, after completing the informal dispute resolution process described above, you or Doubtfire wishes to initiate arbitration, the arbitration will be conducted by ADR Services, Inc. ("ADR Services") (https://www.adrservices.com/). If ADR Services is not available to arbitrate, the arbitration will be conducted by National Arbitration and Mediation ("NAM") (https://www.namadr.com/). The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single neutral arbitrator. The arbitrator may issue orders (including subpoenas to third parties, to the extent permitted by law) allowing the parties to conduct discovery sufficient to allow each party to prepare that party's claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum's rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
The parties shall bear their own attorneys' fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). To the extent, following a presentation on the merits, on its own motion or a party's, and after affording a reasonable opportunity to respond, an arbitrator determines that a party who commenced arbitration did not bring its claim(s) consistent with Counsel's Certification and the standards set forth in Federal Rule of Civil Procedure 11(b), the arbitrator shall, as part of its award, impose sanctions by ordering that the initiating party reimburse the responding party for all arbitration costs and arbitrators' fees the responding party incurred under the Fee Schedules.
The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Doubtfire. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum's rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Doubtfire.
At least ten (10) calendar days before the date set for the arbitration hearing, you or Doubtfire may serve a written offer of judgment on the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitration provider, who shall enter judgment accordingly. If the offer is not accepted prior to the arbitration hearing or within thirty (30) calendar days after it is made, whichever is first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration. If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party's costs (including all fees paid to the arbitral forum) from the time of the offer.
YOU AND DOUBTFIRE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Doubtfire are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Doubtfire over whether to vacate or enforce an arbitration award, YOU AND DOUBTFIRE WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. This subsection does not prevent you or Doubtfire from participating in a class-wide settlement of claims. Notwithstanding any other provision of this Agreement, the Arbitration Agreement or ADR Services' Rules, disputes regarding the interpretation, applicability, or enforceability of this waiver may be resolved only by a court and not by an arbitrator. IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES' AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION. IN SUCH CIRCUMSTANCES, ANY PUTATIVE CLASS, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED OR REPRESENTATIVE ACTION THAT IS PERMITTED TO PROCEED MUST BE BROUGHT IN A COURT OF PROPER JURISDICTION AND NOT IN ARBITRATION.
Any rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Arbitration Agreement.
You may opt out of this Arbitration Agreement. If you do so, neither you nor Doubtfire can force the other to arbitrate. To opt out, you must notify Doubtfire in writing no later than 30 days after first becoming subject to this Arbitration Agreement; otherwise you shall be bound to arbitrate disputes on a non-class basis in accordance with these Terms. If you opt out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies. You may not opt out of only the class action waiver and not also the arbitration provisions. Your notice must include your name and address, your Doubtfire Family Name and the email address you used to set up your Doubtfire account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. You must submit your opt out notice via email to arbitration@doubtfire.ai or via regular mail to our office located at 2093 Philadelphia Pike #3633, Claymont, DE 19703.
Notwithstanding the foregoing, either you or Doubtfire may bring an individual action in small claims court.
This Arbitration Agreement will survive the termination of your relationship with Doubtfire, including any revocation of consent or other action by you to end your participation in the Service or any communication with Doubtfire.
These User Terms, and any disputes arising out of or related hereto, will be governed exclusively by the internal laws of the State of New York, without regard to its conflicts of laws rules.
To the extent that these Terms allow you or Doubtfire to initiate litigation in a court, both you and Doubtfire agree that, except for a claim that may be brought in small claims court, all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the Terms or the use of the Services will be litigated exclusively in New York County, New York, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of New York (excluding choice of law). In any action or proceeding to enforce rights under the User Terms, the prevailing party will be entitled to recover its reasonable costs and attorney's fees.
The User Terms, including any terms incorporated by reference into the User Terms, constitute the entire agreement between you and us and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. To the extent of any conflict or inconsistency between the provisions in these User Terms and any pages referenced in these User Terms, the terms of these User Terms will first prevail.
Please also feel free to contact us if you have any questions about Doubtfire's User Terms. You may contact us at support@doubtfire.ai