Last updated: August 11, 2026
These Terms of Service (“Terms”) govern your use of the workplace conflict resolution services accessible through our mobile application (the “Dfuse App”) and our website at www.dfuse-ai.com (the “Website,” and together with the Dfuse App, the “Services”).
Dfuse provides its Services to individuals through subscriptions purchased by their employer or organization (a “Customer”). If you are using the Services as an employee, contractor, or other personnel authorized by a Customer, you do so as an “Authorized User,” as described further in Section 2 and Section 6.
By accessing or using the Dfuse App or Website, you agree to be bound by these Terms and all applicable laws and regulations. Please read these Terms carefully before using our Services.
These Terms form a legal agreement between you and Dfuse, Inc., a company registered in the State of Delaware (“Dfuse,” “we,” “our,” or “us”). If your employer or organization has entered into a separate agreement with Dfuse (an “Order Form” or enterprise agreement) governing its subscription, that agreement governs the commercial relationship between Dfuse and your employer, while these Terms govern your individual use of the Services as an Authorized User.
Important: Our Services use artificial intelligence (AI) to analyze workplace conflicts and provide suggestions. While we apply recognized principles from psychology, organizational behavior, and conflict resolution, our Services are not a substitute for your company’s Human Resources function, professional mediation, legal advice, or mental health treatment. See Section 4 for complete details.
Our Privacy Policy describes how we collect, process, and use your information, including personal data. By using our Services, you acknowledge that you have read and understood both these Terms and our Privacy Policy.
We may revise these Terms at any time. We will notify you of material changes via email or through the app. Your continued use of our Services after changes take effect constitutes acceptance of the revised Terms.
App updates may be issued through your app store provider. Depending on the update, you may need to download the latest version and accept new terms before continuing to use the app.
2.1 Access Through Your Employer
Our Services are made available to you because your employer or organization (the “Employer”) has purchased a subscription that authorizes a limited number of individuals to use the Services. You may only use the Services as an Authorized User of an Employer with an active subscription, and only for so long as that authorization remains in place.
2.2 Age and Capacity
Our Services are available only to individuals who are eighteen (18) years of age or older. By using our Services, you represent and warrant that you are at least 18 years old and have the legal capacity to form a binding contract with Dfuse.
We do not knowingly permit use by anyone under 18. If we learn that an Authorized User is under 18, we will immediately deactivate that account and delete all associated data.
2.3 Account Creation and Administration
Accounts for Authorized Users are typically created or invited by your Employer’s designated administrator(s) (“Admin”), generally using your work email address. You are responsible for keeping your login credentials confidential and for all activity that occurs under your account. Your account must be used by you and nobody else and is not transferable.
2.4 Your Representations
By using the Dfuse App and Services, you confirm, represent, and warrant that:
(a) You are at least 18 years of age;
(b) You are, or were at the time your account was created, an employee, contractor, or other authorized personnel of the Employer that provided you access;
(c) You have the legal capacity to form a binding contract with Dfuse;
(d) You will comply with these Terms and all applicable laws, rules, and regulations; and
(e) All information you provide during registration and while using the Services is accurate, current, and complete.
3.1 What We Provide
Dfuse provides AI-powered conflict resolution support for the workplace. Our Services include:
(a) AI Conflict Analysis: Our artificial intelligence system analyzes workplace conflicts you describe — such as disagreements, communication breakdowns, or interpersonal friction with coworkers, managers, or reports — and applies established principles from psychology, organizational behavior, and conflict resolution to generate personalized insights and suggestions;
(b) Educational Content: Access to articles, tips, and resources about workplace communication, conflict resolution, and collaboration skills, developed based on research from recognized experts;
(c) Conversation Guidance: AI-generated conversation frameworks and strategies tailored to your specific workplace situation; and
(d) Progress Tracking: Tools to help you monitor patterns in your workplace conflicts and communication over time.
3.2 How Our AI Works
When you use our Services, you provide information about your workplace conflicts, working relationships, and communication challenges. Our AI analyzes this information using algorithms designed to:
Identify conflict patterns and root issues
Apply psychological and organizational-behavior frameworks and conflict resolution methodologies
Generate personalized recommendations and strategies
Suggest communication approaches based on proven techniques
Our AI learns from general patterns in conflict resolution but does not share your specific, identifiable information with other users, including other Authorized Users at your organization.
3.3 AI Limitations
You acknowledge and understand that:
(a) Our AI provides general guidance based on patterns and established principles, not individualized professional, legal, or HR advice;
(b) AI cannot fully understand the nuances, organizational context, power dynamics, and complexity of workplace relationships;
(c) The quality of AI-generated insights depends on the accuracy and completeness of information you provide;
(d) AI recommendations should be considered as one tool among many in managing workplace relationships, not as definitive solutions, and do not substitute for your company’s HR processes or applicable workplace policies;
(e) In situations involving harassment, discrimination, retaliation, workplace violence, or severe mental health crises, escalation to your Human Resources department, legal counsel, or another appropriate professional or authority is essential.
3.4 Use of Your Data
Information you provide may be used to:
Generate your personalized insights and recommendations
Improve our AI algorithms and Services generally (in de-identified, aggregated form)
Develop new features and content
For complete details on data use, and on what information, if any, is shared with your employer, see Section 6.2 and Section 9, as well as our Privacy Policy.
3.5 Changes to Services
We reserve the right to modify, update, suspend, or discontinue any aspect of our Services at any time, including:
AI algorithms and analysis methods
Available features and content
Educational materials and expert contributions
We will provide reasonable notice of material changes where feasible, but we have no obligation to maintain specific features or content indefinitely.
PLEASE READ THIS SECTION CAREFULLY
4.1 Not a Substitute for Professional Care or Your HR Function
DFUSE IS NOT A SUBSTITUTE FOR YOUR EMPLOYER’S HUMAN RESOURCES FUNCTION, PROFESSIONAL MEDIATION, LEGAL ADVICE, OR MENTAL HEALTH TREATMENT. Our AI-powered Services provide educational information and general guidance only, and do not constitute a formal complaint, report, or grievance filed with your employer.
4.2 When to Seek Help Immediately
You should seek immediate help from an appropriate professional, your HR department, or emergency services if you or a coworker:
Are experiencing thoughts of self-harm or suicide
Are experiencing or witnessing workplace violence, threats, harassment, or discrimination
Have symptoms of severe depression, anxiety, or other mental health conditions
Are dealing with substance abuse issues
Are experiencing a mental health crisis or emergency
4.3 Crisis and Support Resources
If you are in crisis, please contact:
National Suicide & Crisis Lifeline: 988 (call or text)
Crisis Text Line: Text HOME to 741741
National Domestic Violence Hotline: 1-800-799-7233
Emergency Services: 911
For workplace-specific concerns — including harassment, discrimination, retaliation, or safety threats — please also contact your company’s Human Resources department, Ethics/Compliance hotline, or refer to your employee handbook. Using Dfuse is not a substitute for, and does not fulfill, any obligation you or your employer may have to report workplace concerns through official channels.
4.4 Limitations of Our Services
You acknowledge and agree that:
(a) Dfuse, Inc. cannot guarantee any particular outcome in your workplace relationships or disputes;
(b) You are solely responsible for decisions you make based on information from our Services;
(c) Our AI cannot replace the judgment, expertise, and personalized involvement of HR professionals, mediators, legal counsel, or licensed mental health professionals;
(d) Using our Services does not create an employment, HR, legal, therapist-client, or any other professional relationship between you and Dfuse;
(e) We do not provide crisis intervention services and are not a channel for filing formal workplace complaints; and
(f) You should verify any information from our Services with qualified professionals, or with your employer’s HR department, before taking action on important decisions.
4.5 Accuracy of Information
You are responsible for providing accurate, honest, and complete information when using our Services. The quality and relevance of AI-generated insights depend on the accuracy of the information you provide.
4.6 Outcomes Vary
Every workplace, team, and working relationship is unique. Information and strategies that work in some situations may not work in others. You should use your own judgment and, when appropriate, consult with your HR department or other professionals when making decisions about your workplace relationships.
4.7 Mandatory Reporting and Legal Obligations
While our Services are primarily AI-powered and automated, we take workplace safety seriously. You should be aware of the following:
(a) Imminent Harm: If we have reason to believe there is an imminent risk of serious physical harm or death to you or another person, including a credible threat of workplace violence, we may disclose relevant information to your company to prevent such harm.
(b) Serious Misconduct: If we become aware of information suggesting active abuse, violence, or exploitation through any means (including manual review of flagged content, customer service interactions, or reports from users), we may be legally required to report such information to appropriate authorities.
(c) No Confidentiality in These Situations: You acknowledge that in the circumstances described above, the information you provide through our Services is not confidential and may be disclosed as necessary to protect safety and comply with legal obligations.
(d) Limited Monitoring: Our Services are not continuously monitored by human staff. We use automated systems that may flag concerning content, but we do not guarantee that all concerning content will be identified or reported. You should not rely on Dfuse to identify or report dangerous or unlawful situations. If you or someone else is in immediate danger, contact emergency services directly.
(e) Cooperation with Law Enforcement: We will cooperate with law enforcement investigations and may disclose user information in response to valid legal requests, including subpoenas, court orders, or search warrants.
(f) Not a Substitute for Formal Reporting: Reporting a concern to Dfuse’s AI is not the same as, and does not substitute for, formally reporting harassment, discrimination, retaliation, or safety concerns to your employer, a government agency such as the EEOC, or law enforcement. Except as described in this Section 4.7, and except as described in Section 6.2, we do not share your individual, identifiable conversations or conflict analyses with your employer.
5.1 Expert Involvement
Our team comprises subject matter experts in psychology, organizational behavior, conflict resolution, and workplace mediation to develop and refine the content, frameworks, and methodologies that inform our Services.
5.2 Independent Practitioners
Our experts are independent practitioners who work with us on a consulting basis to develop educational content and validate the principles used in our frameworks. They do not provide direct services to you through our platform.
5.3 No Direct Professional Relationship
By using our Services, you understand that:
(a) You are not entering into a mediation, HR, legal, or other professional relationship with any of our contributing experts;
(b) Our experts do not have access to your individual conflict analyses or personal information;
(c) Experts contribute to the general frameworks and methodologies, not to individual user interactions; and
(d) Any insights attributed to expert methodologies are generated by our AI based on general principles, not by direct expert review of your situation.
6.1 Relationship Between Dfuse, Your Employer, and You
Your access to the Services is provided under a subscription purchased by your Employer, governed by a separate Order Form or enterprise agreement between Dfuse and the Employer. That agreement governs matters such as fees, subscription term, and the number of licensed seats. As between you and Dfuse, however, these Terms govern your individual use of the Services.
6.2 What Your Employer Can and Cannot See
Your Employer’s Admin(s) can, through an administrative dashboard:
Add or remove Authorized User accounts;
View aggregate, de-identified usage and trend data about the organization as a whole (for example, overall usage levels or general themes in workplace communication, in a form that is not attributed to any specific individual); and
Manage billing and subscription settings.
Except as described in Section 4.7 (Mandatory Reporting and Legal Obligations) or as otherwise required by law, Dfuse does not share your individual, identifiable conflict descriptions, AI conversations, or personal analyses with your Employer Admin, HR department, or anyone else at your organization.
6.3 Change in Employment Status
If your employment or engagement with the Employer ends, or the Employer otherwise deactivates your access, your Employer Admin may deactivate your Authorized User account. Once deactivated, your ability to access the Services will end, and your data will be handled in accordance with Section 9 (Data Privacy, Retention, and Account Management).
6.4 Customer Responsibilities
Your Employer is responsible for ensuring that individuals it authorizes to use the Services are legitimate employees, contractors, or personnel, and for its own compliance with applicable employment, privacy, and labor laws in connection with its use of any aggregate insights or reporting Dfuse provides. Dfuse is not responsible for how an Employer uses information or insights obtained outside of the Services.
Where an account is required, you must be authorized to take all actions that are performed on or through your account. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your account. Your account must be used by you and nobody else and is not transferable. You shall immediately notify Dfuse should you suspect any unauthorized use of your account or password, and you shall provide true, up-to-date and complete information about yourself during registration and ensure this information remains current.
8.1 Service Communications
By using our Services, you consent to receive communications from us, including:
(a) Service updates: Information about changes to our Services, Terms, or Privacy Policy; and
(b) Technical notifications: App updates, maintenance schedules, and system status.
8.2 Communication Methods
We may communicate with you via:
Push notifications through the app (if you have enabled them)
In-app messages
SMS text messages (only if you have opted in)
9.1 Data We Collect
When you use our Services, we collect and process:
(a) Account Information: Name, age verification, employer/organization, and account credentials;
(b) Conflict and Workplace Information: Details about conflicts, working relationships, and situations you describe when using our AI analysis services;
(c) Usage Data: How you interact with our Services, features you use, and time spent on various activities; and
(d) Technical Data: Device information, IP address, browser type, and app performance data.
For complete details, see our Privacy Policy.
9.2 How We Use Your Data
We use your information to:
(a) Provide and personalize our Services, including generating AI-powered insights;
(b) Improve our AI algorithms and Services (using de-identified, aggregated data);
(c) Communicate with you about your account and our Services;
(d) Provide your Employer Admin with aggregate, de-identified usage and trend reporting as described in Section 6.2;
(e) Comply with legal obligations; and
(f) Protect against fraud, abuse, and security threats.
9.3 AI Training and Improvement
Your conflict descriptions and interaction data may be used in de-identified, aggregated form to improve our AI algorithms and develop new features. We do not use your specific, identifiable information to train AI models that serve other users, or share it with your employer, without your explicit consent, except as described in Section 4.7.
9.4 Data Retention
We retain your personal data for as long as:
(a) Your account is active; or
(b) Necessary to provide Services you have requested; or
(c) Required by law, regulation, or contractual obligation.
Typically, we retain:
Active account data: Until your account is deleted or deactivated
Conflict analysis history: 2 years from last activity or account deletion
Billing records held with your Employer’s subscription: 7 years for tax and accounting compliance
De-identified usage analytics: Indefinitely
9.5 Your Data Rights
You have the right to:
(a) Access: Request a copy of the personal data we hold about you;
(b) Correction: Request correction of inaccurate or incomplete data;
(c) Deletion: Request deletion of your personal data (subject to legal retention requirements);
(d) Portability: Receive your data in a structured, commonly-used format; and
(e) Objection: Object to certain processing of your data.
To exercise these rights, contact us at info@dfuse-ai.com. We will respond within 30 days.
9.6 Account Deletion
You may delete your account by emailing info@dfuse-ai.com with your request, or your access may end if your Employer Admin deactivates your account (see Section 6.3). Where you request deletion directly, we will verify your identity and delete your account and associated personal data within 30 days. Some data may be retained as required by law or for legitimate business purposes (e.g., financial records, fraud prevention).
9.7 Data Security
We implement reasonable administrative, technical, and physical safeguards to protect your information. However, no system is completely secure, and we cannot guarantee absolute security.
9.8 Third-Party Services
We may use third-party service providers (such as cloud hosting and analytics services) who may have access to your information. These providers are contractually obligated to protect your data and use it only for the purposes we specify.
9.9 California Privacy Rights
If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA). See our Privacy Policy for complete details.
9.10 Changes to Data Practices
We may update our data practices from time to time. Material changes will be communicated via email or app notification. Your continued use of Services after changes take effect constitutes acceptance of the updated practices.
The Services and the Dfuse App contain logos, software, computer code, images, audio files, videos, text, icons, graphics, information, and other content (collectively, “Dfuse Content”). All Dfuse Content and how it is assembled, collected and arranged are the property of Dfuse and its licensors and protected by copyright, trademark, and other proprietary and intellectual property laws.
Dfuse grants you a limited, personal, non-transferable, non-sublicensable, worldwide and non-exclusive license to use the Dfuse App and the Dfuse Content solely for the receipt of the Services and only in accordance with these Terms and any rules or policies applied by any app store provider from whose site you downloaded the Dfuse App. This license is revocable at any time without notice and with or without cause.
You shall not (and shall not allow any third party to), except to the extent expressly permitted under applicable law, copy, modify, frame, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code in the Dfuse App or any Dfuse Content.
You shall not sell, rent, lease, loan, redistribute, assign, sublicense, republish, grant a security interest in or otherwise transfer any right in the Dfuse App or Dfuse Content, in whole or in part. You must preserve all copyright and/or other intellectual property notices or watermarks contained in the Dfuse Content.
Nothing in these Terms grants you a license to use any Dfuse trademarks or the trademarks of any third parties in the Dfuse Content. You understand and agree that you will not obtain, as a result of your use of the Service, any right, title or interest in or to any Dfuse Content or the Dfuse App.
You are prohibited from posting to or transmitting using the Services any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licenses and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world;
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
(e) contains or discloses another person’s personal data without his or her written consent, including using the Services to harass, defame, or retaliate against a coworker; or
(f) collects or solicits another person’s personal data or Contribution (e.g., any content or information or data you submit) for commercial or unlawful purposes.
Dfuse shall be entitled to remove any material from its Services which is posted to or transmitted using the Services in contravention of these Terms, or for any other reason.
You shall not:
(a) use the Services or any Dfuse Content in any unlawful manner;
(b) misuse the Services (including, without limitation, by hacking or inserting malicious code);
(c) infringe our or any third party’s intellectual property rights in your use of the Services or Dfuse Content;
(d) use the Services to transmit chain letters, junk or spam;
(e) use the Services to harass, abuse, or harm another person, including a coworker;
(f) take any action that in our sole discretion places an unreasonable or disproportionately large load on our servers or other infrastructure; or
(g) use the Services in any way which may cause, or be likely to cause, access to or use of the Services to be interrupted, damaged or impaired in any way.
12.1 Termination by Dfuse
We may suspend or terminate your access to our Services if:
(a) You breach any material term of these Terms, including but not limited to: providing false information during registration, using the Services for unlawful purposes, violating the Acceptable Use provisions in Section 11, engaging in abusive behavior toward other users or our team, or attempting to reverse engineer, hack, or compromise our systems;
(b) We are required to do so by law or legal authority;
(c) We believe, in good faith, that your use of the Services poses a risk to Dfuse, other users, or third parties; or
(d) Your account has been inactive for more than 24 months.
We will provide notice of termination where reasonably possible, except in cases involving immediate safety or security concerns.
12.2 Effect of Termination for Breach
If we terminate your access due to your breach of these Terms:
(a) You will immediately lose access to all Services, including any content or data associated with your account; and
(b) We reserve the right to delete your account and associated data in accordance with our Privacy Policy.
12.3 Service Discontinuation
We may modify, suspend, or discontinue the Services (or any part of them), temporarily or permanently, at our discretion. Reasons may include:
Technical or operational issues
Changes in business direction
Legal or regulatory requirements
Low usage or feature performance
We will provide reasonable advance notice of permanent discontinuation where feasible.
12.4 Termination Through Your Employer
Your access to the Services may also end if your Employer’s subscription expires or is terminated, or if your Employer Admin deactivates your account (see Section 6.3). Dfuse is not responsible for any loss of access resulting from your Employer’s decisions regarding its subscription or your employment status.
12.5 Termination by You
You may stop using our Services at any time by:
(a) Deleting the Dfuse App from your devices;
(b) Ceasing to access our Website; or
(c) Requesting account deletion by contacting info@dfuse-ai.com.
Once you request account deletion, we will delete your account and personal data in accordance with our Privacy Policy, typically within 30 days. Some information may be retained as required by law or for legitimate business purposes (such as financial records for tax compliance).
12.6 Effect of Termination
Upon termination for any reason:
(a) All rights granted to you under these Terms immediately cease;
(b) You must immediately stop using all Services;
(c) You must delete or remove the Dfuse App from all your devices; and
(d) Sections of these Terms that by their nature should survive termination will continue to apply, including: ownership provisions, warranty disclaimers, indemnity obligations, limitations of liability, and dispute resolution terms.
12.7 No Liability
Except as otherwise stated in these Terms, Dfuse shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services, whether or not notice was provided.
Any links to third party surveys, content, apps or websites are provided solely for your convenience. We have not reviewed all of these third party links and do not control and are not responsible for these third party links or their content or availability. We do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party apps/websites linked to from our Services, you do so entirely at your own risk.
14.1 Your Indemnification Obligations
You agree to indemnify, defend, and hold harmless Dfuse, its affiliates, and its and their respective officers, directors, employees, agents, and contractors from and against any third-party claims, demands, losses, damages, costs, expenses (including reasonable attorneys’ fees), or liabilities arising from or related to:
(a) Your breach of these Terms or violation of any law or regulation;
(b) Your violation of any third-party rights, including intellectual property rights, privacy rights, or proprietary rights;
(c) Your misuse of the Services, including use in a manner inconsistent with these Terms;
(d) Any content, information, or data you submit, post, or transmit through the Services; and
(e) Your negligent or willful misconduct in connection with the Services.
14.2 Limitations
You will not be required to indemnify Dfuse to the extent that any claim arises from:
(a) Our breach of these Terms;
(b) Our gross negligence or willful misconduct;
(c) Defects in our Services or AI algorithms that were not caused by your misuse; or
(d) Our violation of applicable laws.
14.3 Defense and Settlement
If we seek indemnification from you under this Section:
(a) We will promptly notify you of the claim;
(b) You will have the right to control the defense and settlement of the claim, provided you do so diligently and in good faith;
(c) We may participate in the defense at our own expense;
(d) You may not settle any claim in a manner that admits fault on our behalf or imposes obligations on us without our prior written consent; and
(e) We will reasonably cooperate with you in the defense of the claim.
The Services are provided “as is,” without any conditions, warranties or other terms of any kind (other than those required by applicable law and which cannot be excluded by contract) and are used by you at your own risk. Accordingly, to the maximum extent permitted by law, we provide you with the Services on the basis that we exclude all representations, warranties, conditions and other terms which, but for these Terms, might have effect in relation to the Services.
Nothing in these Terms shall exclude or limit your liability or our liability for death or personal injury caused by negligence; for fraud or fraudulent misrepresentation; or under any indemnity you have agreed to provide in these Terms. Subject to this, we shall not be liable in contract, tort (including, without limitation, negligence), for pre-contract or other representations, or otherwise arising out of or in connection with these Terms for:
(a) any economic losses (including, without limitation, loss of revenues, profits, contracts, data, business, anticipated savings or cost of substitute services);
(b) any loss of goodwill or reputation; or
(c) any special, indirect or consequential losses,
in any case, whether or not such losses were within either of our contemplations at the date of acceptance of these Terms.
Subject to the above, our aggregate liability to you in relation to all events or series of connected events occurring under these Terms (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to one hundred U.S. dollars ($100), or, if your Employer’s subscription agreement specifies a different liability cap applicable to Authorized Users, that amount.
Nothing in these Terms excludes any statutory rights which may apply to your use of the Services which cannot be excluded, restricted or modified by contract.
The following provisions are applicable to the resolution of all disputes between you and Dfuse (“Disputes”), to the fullest extent allowed by applicable law, regardless of whether brought in arbitration, court, or any other formal dispute resolution proceeding:
17.1 Informal Resolution
Before initiating any formal dispute resolution proceeding, the party asserting a Dispute must first send a written Notice of Dispute to the other party and attempt to resolve the matter informally.
A Notice of Dispute must include:
(a) The name and preferred contact information of the person bringing the Dispute;
(b) A detailed description of the nature and basis of the Dispute;
(c) The specific relief sought, including any monetary amount; and
(d) Any supporting documentation.
Send your Notice of Dispute to: info@dfuse-ai.com
After receiving a Notice of Dispute, the parties agree to make good faith efforts to resolve the Dispute informally for at least 30 days before initiating formal proceedings.
17.2 Time Limitation
Any Dispute must be brought within two (2) years after the basis for the Dispute became known or reasonably should have become known to the party asserting the Dispute.
This limitation period is suspended during the informal resolution period described in Section 17.1 (beginning when a Notice of Dispute is received and ending 30 days later or when either party declares in writing that informal resolution has failed, whichever comes first).
After the applicable limitation period expires, any Dispute is permanently barred.
17.3 Statute of Limitations Savings Clause
If any applicable law provides a longer statute of limitations than specified in Section 17.2, that longer period shall apply.
17.4 No Class or Representative Actions
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND DFUSE AGREE THAT EACH MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, REPRESENTATIVE PROCEEDING, OR COLLECTIVE ACTION.
This means:
(a) Neither you nor Dfuse may bring a claim as a class representative or participate as a class member in a class action or representative proceeding;
(b) An arbitrator or court may not consolidate multiple parties’ claims or preside over any form of representative or class proceeding; and
(c) If any court or arbitrator determines that any part of this class action waiver is unenforceable, then the entire dispute resolution provision (including arbitration, if applicable) shall be null and void.
17.5 No Consolidation
You and Dfuse acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate in a consolidated proceeding with other users or parties.
17.6 Waiver of Jury Trial
IF YOU DO NOT AGREE TO THESE DISPUTE RESOLUTION TERMS, INCLUDING THE CLASS ACTION WAIVER AND JURY TRIAL WAIVER, DO NOT ACCESS OR USE OUR SERVICES.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND DFUSE UNCONDITIONALLY WAIVE ANY RESPECTIVE RIGHTS TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES.
18.1 Governing Law
These Terms and the relationship between you and Dfuse shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.
18.2 Jurisdiction and Venue
Subject to the dispute resolution provisions in Section 17, both you and Dfuse agree to submit to the exclusive jurisdiction of the state and federal courts located in Fairfax County, Virginia for resolution of any disputes arising out of or relating to these Terms or the Services.
Notwithstanding the foregoing, Dfuse may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.
18.3 Services Available in the United States Only
Our Services are intended for use by individuals located in the United States only. We make no representation that our Services are appropriate or available for use in other locations. If you access our Services from outside the United States, you do so at your own risk and are responsible for compliance with local laws.
18.4 Force Majeure
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control (“Force Majeure Event”), including:
(a) Natural disasters (floods, earthquakes, storms);
(b) War, terrorism, riots, or civil unrest;
(c) Government actions or regulations;
(d) Failure of public or private telecommunications networks;
(e) Power outages;
(f) Pandemics or epidemics; and
(g) Acts of God.
If a Force Majeure Event occurs:
(a) Our obligations under these Terms shall be suspended for the duration of the event; and
(b) We will use reasonable efforts to find a solution by which our obligations may be performed despite the Force Majeure Event.
18.5 Entire Agreement
These Terms, together with our Privacy Policy and any Additional Terms for specific features, constitute the entire agreement between you and Dfuse regarding your use of the Services and supersede all prior agreements, understandings, and communications, whether written or oral. If your Employer has entered into a separate Order Form or enterprise agreement with Dfuse, that agreement governs the commercial relationship between Dfuse and your Employer, and these Terms govern your individual use of the Services as an Authorized User.
18.6 Assignment
You may not transfer or assign your rights or obligations under these Terms without our prior written consent. Any attempted transfer or assignment without consent is void.
We may transfer or assign our rights and obligations under these Terms to another organization (such as in connection with a merger, acquisition, or sale of assets) without your consent, provided that such transfer does not materially diminish your rights under these Terms.
18.7 No Waiver
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Dfuse.
18.8 Severability
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, that provision shall be enforced to the maximum extent possible to reflect the parties’ intent, and the remaining provisions shall remain in full force and effect.
18.9 No Third-Party Beneficiaries
These Terms are for the benefit of, and may be enforced only by, you and Dfuse (and our respective successors and permitted assigns). No other person or entity, including your Employer, shall have any rights under these Terms, except to the extent expressly set out in a separate agreement between Dfuse and the Employer.
18.10 Headings
The section headings in these Terms are for convenience only and have no legal or contractual effect.
18.11 Language
These Terms are drafted in English. If these Terms are translated into any other language, the English version shall prevail in the event of any conflict or ambiguity.
18.12 Contact Information
Questions, comments, concerns, or requests regarding these Terms should be directed to:
Dfuse, Inc.
Email: info@dfuse-ai.com