Terms of Service

CHEKME.AI SUBSCRIBER TERMS

Last Modified: August 22, 2024

1. Subscriber Terms

Welcome to the ChekMe.AI Subscriber Terms. This is an agreement ("Agreement") between Plare AI Inc. ("ChekMe.AI"), the owner and operator of the website https://www.chekme.ai and the ChekMe.AI software, mobile application, application, components, and any associated services offered (collectively the "Platform") and you "Subscriber (including "you" or "your")" is any healthcare provider that has registered and subscribed to the Platform. In addition to the services offered to Users, the Platform may offer additional services as described at the time of subscription.

PLEASE BE AWARE THAT THERE ARE CLASS ACTION AND ARBITRATION PROVISIONS CONTAINED IN THIS AGREEMENT.

In addition to this Agreement, all Subscribers must agree to the ChekMe.AI User Terms ("User Terms"). Where this Agreement and the User Terms directly conflict, this Agreement shall control. Where any capitalized terms are undefined in this Agreement, they shall have the meanings as set forth in the ChekMe.AI User Terms, if applicable.

Throughout this Agreement, the words "ChekMe.AI," "us," "we," and "our," refer to our company, Plare AI Inc., as is appropriate in the context of the use of the words.

By clicking "I agree", subscribing to the Platform, or accessing or using the Platform you agree to be bound by this Agreement and the Privacy Policy. We may amend our Subscriber Terms or the Privacy Policy and may notify you when we do so. If you do not agree to the Subscriber Terms, the User Terms or the Privacy Policy please cease using our Platform immediately.

2. Subscriber Accounts

A Subscriber may create an account as permitted under this Agreement and Subscriber may also create an account on behalf of Subscriber's business or organization. Subscriber shall be required to designate any Authorized Users (defined below) that it has permitted to access the Platform. The Platform may also allow Subscriber to provide access to its Authorized Users that will use the Platform services. Subscriber agrees that it is solely responsible for all actions of any Authorized User using the Platform and agrees that all Authorized Users shall comply and agree with the User Terms. Subscriber shall indemnify ChekMe.AI for any damages arising from Subscriber or an Authorized User's use of the Platform. Subscriber shall at all times remain responsible for its account security and creating safe passwords.

3. Platform

The Platform is software that assists in the facilitation of communications between Subscribers and Users. In making the Platform available, ChekMe.AI does not endorse, recommend, verify, or warrant any content and does not guarantee any results from your use of the Platform. We do not verify any users of the Platform and we do not make any representations or warranties as to the quality of any users or guarantee any results from any services used on the Platform. You may use the Platform solely as permitted and provided for by ChekMe.AI and in compliance with all applicable laws. Use of the Platform is solely for your own internal commercial purposes and that of your Authorized Users. Please be aware that all portions of the Platform are offered on an "as is" basis and ChekMe.AI makes no representations or warranties regarding any portion of the Platform. ChekMe.AI reserves the right to modify, change, and/or discontinue any and all portions of the Platform at any time and may also remove or add features or functionality to any subscription levels at its sole discretion. Nothing in this Agreement obligates ChekMe.AI to make any previously available feature on the Platform available to Subscriber or offer any types of compatibility or versioning.

4. Access and License

After properly subscribing to the Platform we shall grant you a personal, non-transferable, non-assignable, limited, fully revocable right to access the Platform as permitted by us and in accordance with this Agreement. Where you download any mobile application or software to access the Platform we grant you a personal, non-transferable, non-assignable, limited, fully revocable license to use and access the Platform. All rights not explicitly granted are reserved for ChekMe.AI. If you breach this Agreement, your access or license to use our Platform may be terminated at our discretion. Additionally, we may revoke your access to our Platform if we believe that your actions may harm us, our business interests, or any third party rights. Failure by us to revoke your access does not act as a waiver of your conduct.

5. Subscriber Responsibilities

Subscriber represents and warrants that: (1) Subscriber shall use the Platform solely for Subscriber's internal commercial purposes in accordance with this Agreement and the User Terms and is duly licensed where required; (2) the person entering into this Agreement on behalf of Subscriber is duly authorized and has the power and authority to enter into this Agreement and bind Subscriber; (3) any Subscriber User Content posted shall be professional, lawful, accurate, and up-to-date; (4) any Subscriber User Content posted on the Platform by Subscriber does not violate any third party agreements; (5) Subscriber is a business based in the United States or Canada; and (6) Subscriber shall use the Platform only for legal and lawful purposes and agrees to abide by all laws of its local jurisdiction when using the Platform including but not limited to laws relating to spam, marketing, and email. Subscriber shall indemnify and hold ChekMe.AI harmless for a breach of any provisions of this section. Where you have violated this Agreement or the User Terms we reserve the right to release your information to law enforcement in order to assist with any investigation at our discretion. Where required, Subscriber shall clearly post a Privacy Policy (in compliance with the laws of Subscriber's local jurisdiction) prior to collecting any information and shall disclose to its Authorized Users how such personal information may be shared with third parties.

6. Compliance With Laws

Subscriber must comply with all applicable laws and regulations in their jurisdiction while using the Platform. Subscriber represents and warrants that Subscriber is a licensed medical professional or other authorized medical service provider, where required by relevant state or federal laws.

7. Authorized Users

Please be aware that Subscriber is solely responsible for any interactions with any users that it has authorized or interacts with through the Platform ("Authorized Users"). THE SUBSCRIBER AGREES TO HOLD CHEKME.AI FREE FROM RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF SUBSCRIBER'S ACCESS TO OR INTERACTIONS WITH ANY OF ITS AUTHORIZED USERS. THE PLATFORM IS NOT A SUBSTITUTE FOR ANY PRIVILEGED RELATIONSHIPS INCLUDING BUT NOT LIMITED TO PATIENT-DOCTOR. CHEKME.AI IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY AUTHORIZED USER, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY OTHER PARTY ENCOUNTERED ON THE PLATFORM INCLUDING ANY AUTHORIZED USER. Subscriber is solely responsible to any Authorized User for any opinions, advice, or information communicated through the Platform. Any agreements entered into between Subscriber and any party (including any Authorized User) are solely between the parties and ChekMe.AI is not a party to such agreements. Subscriber shall indemnify and hold harmless ChekMe.AI from any claims related to any Authorized Users in accordance with this Agreement. Please be aware that any agreements entered into between an Authorized User and any Subscriber may not abridge any contractual rights of ChekMe.AI as set forth within this Agreement. Subscriber is solely responsible for resolving any issues with any Authorized Users.

8. Subscriber User Content

Any User Content submitted by a Subscriber, shall be defined as "Subscriber User Content" and shall be subject to all User Content licenses and obligations set forth within this Agreement and the User Terms. Subscriber is solely responsible for any Subscriber User Content submitted to the Platform. Subscriber represents and warrants the following: (1) Subscriber owns or has properly licensed all Subscriber User Content provided; (2) the Subscriber User Content does not and will not infringe on any copyright, moral right, trademark or other intellectual property right and will not violate any right of privacy or right of publicity; (3) the Subscriber User Content offered does not violate any US state or federal laws or any third party agreements; and (4) Subscriber has the absolute right to grant to ChekMe.AI, all rights, licenses and privileges granted to or vested in ChekMe.AI under this Agreement.

9. Monitoring Subscriber User Content

ChekMe.AI shall have the right, but not the obligation, to monitor all Subscriber User Content on the Platform at all times, to determine compliance with this Agreement and any guidelines established by us. Without limiting the foregoing, ChekMe.AI shall have the right, but not the obligation, to remove or disable access to any Subscriber User Content at its sole discretion.

10. Subscriber User Content Storage

ChekMe.AI at its discretion may offer reasonable amounts of storage for any User Content submitted by Subscriber. Where any Subscriber exceeds our storage capacity limits, we reserve the right to charge Subscriber for such excess storage or terminate this Agreement at our discretion. Please be aware that we have no obligation to offer any storage of any Subscriber User Content and may change our policies related to Subscriber User Content storage limits at our discretion. We reserve the right to discontinue storage or modify any pricing, services, policies, or terms related to Subscriber User Content storage on our Platform at any time. Please be aware that we make no guarantees about any Subscriber User Content stored on the Platform and Subscriber releases us from all liability related to any Subscriber User Content stored on the Platform. Specifically, we do not guarantee that Subscriber's User Content will remain available, secure, accessible, or complete and some or all of Subscriber's User Content may be deleted. ChekMe.AI shall have no obligation to keep or make available any Subscriber User Content after a termination of Subscriber's subscription to the Platform and shall have no obligation to assist in migrating such Subscriber User Content.

11. Relationship with Users

Please be aware that Subscriber is solely responsible for any interactions with any other users of the Platform or its customers ("Customers"). Such interactions include but not limited the disclosure or use of protected health information or any relationships between the parties such as patient-doctor. THE SUBSCRIBER AGREES TO HOLD CHEKME.AI FREE FROM RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF SUBSCRIBER'S ACCESS TO OR INTERACTIONS WITH ANY OF ITS CUSTOMERS. CHEKME.AI IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY CUSTOMER, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY OTHER PARTY ENCOUNTERED ON THE PLATFORM INCLUDING ANY CUSTOMER. Subscriber is solely responsible to any Customer for any opinions, advice, or information communicated. Any agreements entered into between Subscriber and any party (including any Customer) are solely between the parties and ChekMe.AI is not a party to such agreements. Subscriber shall indemnify and hold harmless ChekMe.AI from any claims related to any Customer in accordance with this Agreement. Subscriber is solely responsible for resolving any issues with any Customer.

12. Subscriber Payments

Subscriber agrees to pay for all costs, fees, and taxes listed when purchasing access to the Platform including any recurring subscription fees. Where Subscriber has properly paid for a subscription we shall grant Subscriber access to the ChekMe.AI Platform. In addition, Subscriber agrees to timely pay any and all fees as charged. Where ChekMe.AI accepts online payments, Subscriber must agree to our third party payment processors' terms and conditions for processing payments. We reserve the right to change our third party payment processor at our discretion. Unless expressly stated otherwise, all prices are listed in United States Dollars. All information that you provide in connection with a payment or transaction must be accurate, complete, and current. Where Subscriber has failed to pay or where payments are overdue, ChekMe.AI may suspend or terminate Subscriber's access to the Platform, without liability to us and a late fee may be applied where applicable.

13. Usage Based Subscriptions

Some subscriptions offered may be usage based. Our usage based pricing may be found on the Platform. If you have any questions regarding our pricing please contact us at contact@chekme.ai. We reserve the right to remove, modify or change our subscription pricing at our discretion and may do so at any time. Usage based fees may be charged based on the number of communications sent and received including but not limited to sms, email, calls, or other communications.

14. Automatic Renewal

When a Subscriber has subscribed to the Platform, Subscriber's payment information shall be logged for Subscriber's convenience. Subscriber's subscription shall automatically renew (for periods of equal length) until cancelled by a Subscriber. If you wish to cancel your subscription you may use your account dashboard or contact us. . IF YOUR ACCOUNT HAS BEEN SET UP FOR AUTOMATIC PAYMENTS, CHEKME.AI MAY CHARGE YOU AUTOMATICALLY AND ON A RECURRING BASIS, UNLESS YOU NOTIFY US THAT YOU WANT TO CANCEL YOUR AUTOMATIC PAYMENT VIA YOUR ACCOUNT DASHBOARD. ADDITIONALLY, YOU AUTHORIZE US TO BILL YOU ON A RECURRING BASIS AND AGREE THAT YOUR SELECTED SUBSCRIPTION SHALL AUTOMATICALLY RENEW FOR ADDITIONAL PERIODS (OF THE SAME LENGTH AS YOUR INITIAL SUBSCRIPTION) UNTIL WE ARE NOTIFIED OTHERWISE. YOU AGREE THAT NO ADDITIONAL CONSENT IS REQUIRED BY YOU TO CHARGE YOUR PREFERRED PAYMENT METHOD AUTOMATICALLY AND ON AN AUTOMATICALLY RENEWABLE BASIS FOR THE SUBSCRIPTION SELECTED. Please be aware that you are able to cancel your subscription prior to purchase or at any time by canceling via your Platform account dashboard or by contacting us via the Platform.

15. Refunds for Subscription

e want Subscribers to be satisfied with their subscription; however ChekMe.AI cannot offer any refunds at this time. If you feel that you are entitled to a refund for any reason please contact us.

16. Taxes

Where ChekMe.AI does not charge Subscriber taxes for any payments, Subscriber agrees to pay any and all applicable taxes.

17. Free Trials

ChekMe.AI may offer the Platform on a free trial basis. Only new Subscribers are eligible for a free trial. ChekMe.AI reserves the right to discontinue or modify any free trials at any time and without liability. Where Subscriber has signed up for a free trial, Subscriber agrees that at the expiration of Subscriber's free trial Subscriber may be automatically charged for any additional usage of the Platform in accordance with ChekMe.AI's then current pricing.

18. Subscriber Account Holds

From time to time, ChekMe.AI may place a hold ("Hold") on a Subscriber's account. Some of the reasons that we may place a Hold on Subscriber's account include but are not limited to the following: (1) if we have reason that Subscriber's actions have violated this Agreement, the User Terms, may harm our business, are deceptive, misleading, unlawful, or have harmed a third party or interfere with a third party contractual right; (2) at the request of our payment processors or due to delayed payment; or (3) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If Subscriber has questions about a Hold we may have placed on Subscriber's account, or need information about how to resolve the Hold, please contact us. Additionally, we may suspend Subscriber's access to the Platform while such Hold is in place.

19. Subscriber Support

ChekMe.AI may offer Subscribers standard support, in accordance with ChekMe.AI's internal policies, when accessing, troubleshooting, or using the Platform. Support for the Platform is offered on an as available basis and where a Subscriber requires any support, Subscriber should contact ChekMe.AI at contact@chekme.ai . Please be aware that ChekMe.AI reserves the right to charge for any excess support required by Subscriber that is in excess of the standard support offered by ChekMe.AI.

20. Third Party Software or Integrations

ChekMe.AI may offer third party integrations or software ("Third Party Software") at its discretion. Where a Third Party Software is made available through the Platform, ChekMe.AI does not warrant or endorse any such Third Party Software. Subscriber uses any Third Party Software solely at their own risk. All such Third Party Software are controlled by third parties and such third parties are solely responsible for any claims or offerings made available through such Third Party Software. Subscriber may be required to purchase an additional subscription or otherwise pay for access to any Third Party Software from the entity that makes such Third Party Software available. Any issues with the transmission, processing, or storage of any Subscriber User Content by any Third Party Software is solely to be resolved by and between you and any entity owning such Third Party Software. ChekMe.AI will not be responsible for any connectivity issues related to any Third Party Software and the Platform. Any Third Party Software is subject to the terms and conditions of the owner of such Third Party Software.

21. Communications

You represent, warrant, and agree to abide by all relevant laws including but not limited to Telephone Consumer Protection Act 47 USC § 227 ("TCPA") and the Controlling the Assault of Non-Solicited Pornography And Marketing of 2003 ("Can-Spam") when using the Platform to send or receive communications. Prior to using the Platform to communicate with any users you represent and warrant that you have received consent from such users. Please ensure that you have the proper User information prior to contacting any User or communicating with such User. YOU REPRESENT AND WARRANT THAT YOU WILL BE IN COMPLIANCE WITH ALL SUCH LAWS AND REGULATIONS IN YOUR USE OF ANY PART OF THE SERVICES, AND YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE UNDERTAKEN INDEPENDENT EFFORTS TO CONFIRM YOUR COMPLIANCE WITH SUCH LAWS AND REGULATIONS AND HAVE NOT IN ANY WAY RELIED ON ANY COMMUNICATION BY US, WHETHER ORAL OR IN WRITING, REGARDING SUCH COMPLIANCE BY YOU. You shall solely send communications that are considered informational or transactional and shall not send any communications for business, promotional, or marketing purposes without an Authorized User's consent. As required by Can-Spam and TCPA you agree to do the following: (i) maintain opt out lists and remove users who do not wish to receive further communications; (ii) collect opt ins and consents where required; (iii) comply and continue to maintain compliance with all federal, state, provincial, or local laws, regulations, rules; (iv) maintaining an active Do Not Call registry as required by law; and (v) promptly respond to any complaints regarding TCPA or Can-Spam by users of the Platform. Where we believe in our discretion that you have not complied with this Section we may suspend your access to the Platform or your ability to send communications immediately or at any time. You shall fully indemnify and hold harmless ChekMe.AI for all claims related to TCPA and Can-Spam whether made by a third party or us. You acknowledge that you understand that the violation of any such laws may result in significant penalties and other sanctions. You further acknowledge and agree that you should consult with your own counsel, prior to using the Platform, to determine the extent of permissible solicitation activities.

Some or all communications sent or received via the Platform may use Third Party Software. Therefore, we are not responsible and have no liability the Subscriber regarding the sending or receiving of such communications. Where applicable you may be required to register with any Third Party Software provider prior to sending communications. Please be aware that issues regarding communications using the Third Party Software may include but are not limited message filtering, spam blocking, throttling, or other communications removal features. Please review any Third Party Software guidelines or materials to understand their rules for sending and receiving communications.

22. Disclaimer

THE PLATFORM IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER CHEKME.AI, NOR ANY OF OUR EMPLOYEES, DIRECTORS, MEMBERS, OFFICERS, ASSIGNS, AFFILIATES, OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (1) THE PLATFORM OR ANY ASSOCIATED SERVICES; (2) ANY INFORMATION OR CONTENT PROVIDED VIA THE PLATFORM; OR (3) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. CHEKME.AI DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. CHEKME.AI DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM IS ACCURATE, COMPLETE, OR USEFUL. CHEKME.AI DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND CHEKME.AI SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.

23. Limitation of Liability

IN NO EVENT SHALL CHEKME.AI, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT CHEKME.AI IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES 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. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY CHEKME.AI'S NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, MEMBERS, EMPLOYEES OR AGENTS; (2) FRAUDULENT MISREPRESENTATION; OR (3) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE. WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID IN THE PAST SIX (6) MONTHS TO USE OUR PLATFORM OR ONE HUNDRED UNITED STATES DOLLARS, WHICHEVER IS GREATER.

24. Indemnity

You agree to defend, indemnify and hold harmless ChekMe.AI, its officers, directors, employees, members, affiliates, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

• your use of and access to the ChekMe.AI Platform;
• the actions of any Authorized Users;
• your violation of any term of this Agreement; or
• your violation of any third party right, including without limitation any copyright, property, or contractual right.

This defense and indemnification obligation will survive this Agreement and your use of the ChekMe.AI Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys' fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

25. Choice of Law

This Agreement shall be governed by the laws in force in the state of California. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement and is hereby expressly excluded.

26. Disputes

Any dispute relating in any way to this Agreement or your use of the Platform shall be submitted to binding arbitration in Dublin, CA. Any and all disputes arising out of or relating to this Agreement, including fraud in the inducement, whether in contract or tort, law or equity, shall be resolved by final arbitration before one (1) arbitrator in accordance with the then applicable Comprehensive Rules of Judicial Arbitration and Mediation Implementation Services, Inc., such rules may be found at https://www.jamsadr.com/. Judgment upon any award rendered by the arbitrator may be entered by any state or federal court having jurisdiction thereof. Any claim or cause of action arising out of, related to or connected with this Agreement or the Subscriber Terms must be filed within one (1) year after such claim or cause of action arose or be forever banned. The dispute resolution procedures in this section shall not apply prior to a party seeking a provisional remedy related to claims of misappropriation or ownership of intellectual property, confidential information, or trade secrets such remedies abovementioned requiring injunctive relief shall be heard in a court of competent jurisdiction located within Alameda County, CA.

27. Opt-Out

You may opt-out of this dispute resolution provision by notifying ChekMe.AI within 30 days of the date on which you entered into this Agreement or purchased a subscription, whichever is earlier. You must do so by writing to contact@chekme.ai,attn: Arbitration Opt-Out, and you must include your name, address, account information, and a clear statement that you do not wish to resolve disputes with ChekMe.AI through arbitration. Where you opt out of arbitration, all disputes shall be heard in a court of competent jurisdiction located within Alameda County, CA.

28. Class Action Waiver

You and ChekMe.AI agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.

29. Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement or any other agreement you may have with ChekMe.AI are deemed to conflict with each other's operation, ChekMe.AI shall have the sole right to elect which provision remains in force.

30. Non-Waiver

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

31. Assignment and Survival

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion. All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Disclaimer, User Content, Access, Payment, Indemnification, Class Action, and Arbitration sections.

32. Entire Agreement and Notices

This Agreement, the User Terms along with the Privacy Policy, if applicable, constitute the complete and exclusive understanding and agreement between the parties regarding the subject matter herein and supersede all prior or contemporaneous agreements or understandings written or oral, relating to its subject matter. Where this Agreement expressly and directly conflicts with the Privacy Policy, this Agreement shall control. Where this Agreement conflicts with the User Terms, this Agreement shall control. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by a duly authorized representative of each party. Any notices required under this Agreement shall be delivered to Plare AI Inc. contact@chekme.ai, delivery confirmation required. Any notices to Subscriber shall be delivered either electronically via email to Subscriber's account or to the address listed within Subscriber's account.

33. Amendments

We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform.

34. Electronic Communications

The communications between you and ChekMe.AI use electronic means, whether you visit the Platform or send ChekMe.AI e-mails, or whether ChekMe.AI posts notices on the Platform or communications with you via mobile notifications or e-mail. For contractual purposes, you (1) consent to receive communications from ChekMe.AI in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that ChekMe.AI provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

35. Platform Issues

If you have any questions, issues, or have trouble accessing or using the Platform, please contact us through the Platform or by email at contact@chekme.ai

36. Termination

We may terminate this Agreement, if: (1) you have violated any applicable laws while using our Platform; (2) if you have violated any portion of this Agreement or any of our Platform policies; or (3) if we believe that any of your current or future actions may legally harm ChekMe.AI, our business interests or a third party, at our discretion. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so. Please be aware that upon termination of your account, access to all or portions of our Platform may be become immediately disabled and any Subscriber User Content stored on the Platform may become inaccessible or deleted and we shall have no liability to you in regards to any retention of your Subscriber User Content.

37. Termination of Subscription

Subscriber may terminate a portion or cancel its entire subscription at any time via Subscriber's ChekMe.AI dashboard or contacting us at contact@chekme.ai. Please be aware that upon termination of Subscriber's account, access to all or portions of our Platform may be immediately disabled to Subscriber and its Authorized Users, and any Subscriber User Content stored may not be retained. We may terminate Subscriber's subscription if we determine that: (1) Subscriber has violated any applicable laws while using our Platform; (2) if Subscriber has violated any portion of this Agreement or any of our Platform policies; or (3) if we believe that any of Subscriber's past, current, or future actions may legally harm ChekMe.AI, our business interests or a third party, at our discretion.