Terms and Conditions of Use

1. Acknowledgement

1.1.Orator (the “App”) is a mobile application and related backend services owned and operated by AlgoEdge Labs LLC (the “Company,” “we,” “us,” or “our”), a limited liability company with a mailing address at 1917 1st Ave, Suite 200, Seattle, WA 98101. By accessing, downloading, installing, registering for, or otherwise using Orator, including any associated website, APIs, content, lessons, drills, scenarios, AI-generated feedback, audio analysis, community features, and any other products or services made available to you through Orator (collectively, the “Service”), you unconditionally acknowledge and confirm that you have read, understood, and accepted these Terms and Conditions of Use (“Terms”) in full.

1.2. These Terms set forth the legally binding conditions that govern your use of the Service. By accessing or using the Service, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms. You may not access or use the Service if you are under the age of 13. If you are between 13 and 17, you may use the Service only with the express consent and supervision of a parent or legal guardian who has agreed to these Terms on your behalf. If you do not agree with all of the provisions of these Terms, do not access or use the Service.

1.3. These Terms require the use of binding arbitration on an individual basis to resolve disputes (Section 17), rather than jury trials or class actions, and limit the remedies available to you in the event of a dispute.

2. About the Service

2.1. Orator is a public-speaking and voice-training application that allows users to:

(a) record their voice and receive automated, algorithmic, and/or artificial-intelligence-based feedback on attributes such as pace, fluency, filler-word use, structure, clarity, confidence, energy, pronunciation, and similar characteristics;

(b) complete structured lessons, drills, practice prompts, and scenario-based exercises;

(c) track progress, streaks, achievement badges, analytics, and performance metrics over time;

(d) interact with AI-generated practice partners, scenarios, role-plays, debate prompts, and story modes;

(e) optionally share content within community features (where available on a given subscription tier).

2.2. The Service is provided strictly for personal, non-commercial, educational, and self-improvement purposes. Nothing in the Service is intended to constitute, replace, or be construed as professional speech-language pathology, medical, psychological, psychiatric, therapeutic, vocational, audiological, or any other licensed professional service.

2.3. The Company may at any time, in its sole discretion, modify, suspend, discontinue, or limit any feature, functionality, lesson, drill, scenario, model, or other component of the Service, in whole or in part, with or without notice to you. You agree that the Company will not be liable to you or to any third party for any such modification, suspension, or discontinuation.

3. Eligibility

3.1. The Service is intended for users who are at least 13 years of age. If you are between 13 and 17 years of age, you may use the Service only with the prior written consent and ongoing supervision of a parent or legal guardian who has read and agreed to these Terms on your behalf and who assumes full responsibility for your use of the Service.

3.2. By using the Service, you represent and warrant that: (a) you meet the foregoing age requirements; (b) you have the legal capacity to enter into a binding contract; (c) you are not barred from using the Service under the laws of any applicable jurisdiction; and (d) you will use the Service only in compliance with these Terms and all applicable laws and regulations.

3.3. We reserve the right to refuse, restrict, or terminate access to the Service for any user, at any time, in our sole discretion.

4. Accounts and Authentication

4.1.To use most features of the Service, you must create an account (“Account”) using a supported authentication method (such as email and password, Sign in with Apple, or any other method we make available). You represent and warrant that: (a) all required registration information you submit is truthful, accurate, current, and complete; (b) you will maintain the accuracy of such information; and (c) you will not impersonate any person or entity, or misrepresent your affiliation with any person or entity.

4.2. You are solely responsible for: (a) maintaining the confidentiality of your Account credentials, including any password, magic link, or one-time code; (b) all activities that occur under your Account; and (c) immediately notifying the Company of any unauthorized use or suspected unauthorized use of your Account or any other breach of security. The Company will not be liable for any loss or damage arising from your failure to comply with these obligations.

4.3. You may delete your Account at any time, for any reason, by following the instructions in the Service or by contacting us at the email address listed in Section 22. The Company may suspend or terminate your Account in accordance with Section 14.

4.4. You are prohibited from soliciting or recruiting any other users of the Service for any reason without prior written permission from the Company. This includes (without limitation) soliciting users to join, evaluate, or use any competing or similar speech-coaching, voice-analysis, public-speaking, or related product or service. Violation of this section may result in immediate termination of your Account and legal action.

5. Subscriptions, Auto-Renewal, Free Trials, and Refunds

5.1. Subscription Tiers.The Service is offered on a freemium model. Certain features (including, without limitation, unlimited lessons, AI scenarios, advanced voice analysis, advanced analytics, all pathways, community posting, offline mode, and badge showcase) are available only to users who have an active paid subscription (“Pro” or “Elite”). The Company reserves the right to change subscription tiers, pricing, included features, and feature gates at any time, with or without notice.

5.2. Billing Through Apple. Paid subscriptions to Orator are sold through and billed by Apple Inc. via the Apple App Store using your Apple ID. By purchasing a subscription, you also agree to the terms of the Apple Media Services Terms and Conditions and any other applicable Apple terms.

5.3. Auto-Renewal. Subscriptions automatically renew at the end of each billing period (monthly or annual, depending on the plan you purchased) at the then-current price published in the App Store, unless you cancel at least 24 hours before the end of the current billing period. Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period.

5.4. Cancellation. You may cancel your subscription at any time through your Apple ID subscription settings (Settings → [your name] → Subscriptions on iOS, or via App Store on Mac). Cancellation takes effect at the end of your then-current billing period; you will retain access to paid features until the end of that period.

5.5. Free Trials and Promotional Offers. Where we offer a free trial or promotional period, your subscription will automatically convert to a paid subscription at the end of the trial unless you cancel before the trial ends. Promotional pricing may apply only to the first billing period; subsequent renewals will be charged at the standard rate.

5.6. Refunds.All purchases are processed by Apple. Refund requests must be submitted directly to Apple in accordance with Apple’s policies, available at reportaproblem.apple.com. Except where required by applicable law, the Company does not issue refunds, partial refunds, credits, or pro-rated reimbursements for any portion of a subscription period that has already begun.

5.7. Price Changes. The Company may change subscription prices at any time. Where required by applicable law or App Store policy, we will provide advance notice of price changes; continued use of the paid tier following the effective date of a price change constitutes your acceptance of the new price.

5.8. Taxes. All listed prices are exclusive of any taxes, levies, or duties imposed by taxing authorities, except as otherwise noted in the App Store. You are solely responsible for any such taxes.

6. Voice Recordings, Audio Data, and AI Analysis

6.1. Audio Capture.The core functionality of the Service requires that the Service record, store (temporarily or persistently), transmit, and process audio of your voice (“Voice Data”). By using the Service, you expressly consent to the recording, transmission, storage, and processing of your Voice Data for the purposes of providing the Service to you, generating feedback, training and improving the underlying analysis models in aggregated and de-identified form, debugging, and complying with legal obligations.

6.2. License to Your Voice Data. You retain ownership of your Voice Data. However, you grant the Company and its service providers a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, transmit, transcribe, analyze, copy, modify (for processing purposes), create derivative works of (such as analytic outputs and de-identified aggregate datasets), and otherwise use your Voice Data solely as necessary to operate, maintain, develop, improve, secure, and provide the Service. You represent and warrant that you have all rights necessary to grant this license.

6.3. Third-Party Processors. You acknowledge and agree that, in order to provide the Service, your Voice Data and other inputs may be processed by third-party service providers, including but not limited to OpenAI, Microsoft Azure (including Azure Cognitive Services / Speech), Groq, Cartesia, Modal, Supabase, Apple Inc., and other infrastructure, AI, transcription, text-to-speech, and storage providers. Each of these providers operates under its own terms of service and privacy policies, and the Company makes no representation or warranty regarding the practices of any third party.

6.4. No Real-Time Monitoring of Recordings. The Service applies automated analysis to your Voice Data; the Company does not commit to reviewing, listening to, or moderating any individual recording in real time, and the Company has no obligation to do so.

6.5. Sensitive Information Warning. You should not record or include in any recording, prompt, or community post any information that you do not wish to share with the Company or its processors, including without limitation: confidential business information, trade secrets, attorney-client communications, medical information, financial account numbers, social security numbers, government IDs, or information about third parties who have not consented to being recorded. You are solely responsible for the content of your recordings, including ensuring that you have the consent of any other person whose voice is captured.

6.6. AI-Generated Output Is Not Authoritative.All scores, feedback, transcriptions, coaching tips, suggestions, summaries, debate counterarguments, scenario responses, and other outputs produced by the Service (“AI Output”) are generated automatically by software systems that may produce inaccurate, incomplete, biased, or inappropriate results. AI Output is provided for informational, educational, and entertainment purposes only and must not be relied upon as professional, medical, therapeutic, vocational, legal, financial, or any other form of expert advice. You are solely responsible for evaluating AI Output before relying on or acting upon it.

7. No Medical, Therapeutic, or Professional Advice

7.1. Orator is not a medical device, medical service, therapy service, or substitute for any of the foregoing. The Service is not intended to diagnose, treat, cure, mitigate, or prevent any condition, disorder, illness, or impairment, including any speech, language, voice, hearing, neurological, developmental, or psychological condition.

7.2. The Service is not a substitute for consultation with a licensed speech-language pathologist, audiologist, otolaryngologist, physician, psychologist, psychiatrist, executive coach, or any other licensed or credentialed professional. If you have, suspect you have, or are at risk of any speech, voice, hearing, mental-health, or other condition, you should consult an appropriate licensed professional. Do not delay or disregard professional advice because of anything you read, hear, or experience in the Service.

7.3. If you experience pain, hoarseness, vocal strain, dizziness, or any other adverse physical or psychological reaction while using the Service, stop using the Service immediately and consult a qualified medical professional.

7.4. Career, academic, professional, and reputational outcomes (including without limitation public-speaking, presentation, sales, debate, audition, interview, or examination performance) depend on many factors outside the control of the Service. The Company makes no guarantee that use of the Service will result in any particular skill improvement, score, grade, win, hire, promotion, audience reception, or other outcome.

8. License Grant to You

8.1. Subject to your continued compliance with these Terms, the Company grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use one copy of the Orator mobile application on a mobile device that you own or control, and to access and use the Service, solely for your own personal, non-commercial use.

8.2. The rights granted in Section 8.1 are subject to the following restrictions, in addition to all other restrictions in these Terms. You shall not, and shall not permit any third party to:

(a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, host, time-share, white-label, or otherwise commercially exploit the Service or any part of it;

(b) modify, adapt, translate, create derivative works of, decompile, disassemble, or reverse engineer any part of the Service, or attempt to derive any source code, models, weights, prompts, or underlying algorithms;

(c) use the Service to develop, train, fine-tune, evaluate, or benchmark any competing or similar speech-coaching, voice-analysis, public-speaking, transcription, or AI product or service;

(d) scrape, crawl, harvest, or otherwise collect any content, data, or output from the Service in bulk, whether by automated means or otherwise;

(e) circumvent, disable, or interfere with any security, authentication, rate-limiting, paywall, or other technical limitation of the Service;

(f) remove, obscure, or alter any copyright, trademark, watermark, or other proprietary notice contained in the Service;

(g) introduce or transmit any virus, worm, malware, time bomb, trojan horse, or any other harmful code, file, or program;

(h) use the Service in any manner that is unlawful, fraudulent, harmful, harassing, defamatory, threatening, obscene, hateful, infringing, or otherwise objectionable, as determined by the Company in its sole discretion;

(i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;

(j) use the Service to record any other person without that person’s informed consent where such consent is required by law; or

(k) use the Service in violation of any applicable law, regulation, or third-party right.

8.3. All rights not expressly granted to you in these Terms are reserved by the Company and its licensors. No title or ownership in any part of the Service is transferred to you under these Terms.

9. Intellectual Property

9.1.The Service, including the App, the website, the backend services, the lessons, drills, prompts, scenarios, designs, illustrations, sounds, badges, animations, graphics, fonts, code, models, model prompts, training data, and all other materials made available through the Service (collectively, “Company Materials”), is owned by the Company or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. All rights, title, and interest in and to the Company Materials remain exclusively with the Company and its licensors.

9.2.“Orator,” the Orator logo, the Orator orb, and any other Orator marks, branding, and design elements are trademarks of the Company. You may not use any such marks without the prior written consent of the Company.

9.3. Feedback.If you submit any feedback, suggestions, comments, ideas, or other input to the Company regarding the Service (“Feedback”), you hereby grant the Company a perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, and otherwise exploit such Feedback for any purpose, with no obligation or compensation to you.

10. User Content and Community Features

10.1. User Content.Where the Service permits you to post, upload, share, transmit, or otherwise make available content (including without limitation recordings, transcripts, profile information, display names, avatars, comments, replies, and community posts) (“User Content”), you retain ownership of your User Content but grant the Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, display, distribute, modify (including for moderation, formatting, and analytics), and otherwise use your User Content for the purposes of operating, improving, marketing, and providing the Service.

10.2. Representations.You represent and warrant that, with respect to all User Content you submit: (a) you own or have all rights necessary to submit the User Content and to grant the license in Section 10.1; (b) the User Content does not violate any third party’s privacy, publicity, intellectual property, contractual, or other rights; (c) you have obtained the consent of every other person whose voice, likeness, or personally identifiable information appears in the User Content; and (d) the User Content does not violate these Terms or any applicable law.

10.3. Prohibited Content. You agree not to submit, post, or share any User Content that: (a) is unlawful, fraudulent, threatening, abusive, harassing, defamatory, libelous, obscene, sexually explicit, hateful, racially or ethnically offensive, or otherwise objectionable; (b) constitutes or promotes self-harm, violence, or criminal activity; (c) infringes or misappropriates any intellectual property, privacy, or publicity right; (d) contains malware, exploit code, or links to such content; (e) constitutes unauthorized advertising, spam, or solicitation; or (f) impersonates another person or misrepresents your identity or affiliation.

10.4. No Obligation to Monitor; Right to Remove. The Company has no obligation to monitor User Content, but reserves the right (without obligation) to review, remove, edit, refuse, or restrict any User Content at any time, for any reason or no reason, in its sole discretion. The Company may also suspend or terminate Accounts that submit prohibited User Content.

10.5. DMCA / Copyright Complaints. If you believe any content available through the Service infringes your copyright, please send a written notice to the contact in Section 22 that includes the information required by 17 U.S.C. § 512(c)(3). The Company will respond to valid notices in accordance with the Digital Millennium Copyright Act.

11. Privacy

11.1. Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, store, share, and protect your personal information (including Voice Data and User Content). By using the Service, you acknowledge that you have read and understand our Privacy Policy. The Privacy Policy is incorporated into these Terms by reference.

11.2. The Service relies on third-party processors as described in Section 6.3 and in our Privacy Policy. By using the Service, you consent to the cross-border transfer and processing of your data by such third parties as necessary to operate the Service.

12. No Support or Maintenance

You acknowledge and agree that the Company has no obligation to provide you with any technical support, maintenance, updates, upgrades, or new versions of the Service. The Company may, in its sole discretion and on a case-by-case basis, choose to provide such support, but is under no obligation to do so. Any support or maintenance provided will be subject to these Terms.

13. Disclaimers

13.1. The Service is provided on an “as is” and “as available” basis, with all faults and without warranty of any kind. To the maximum extent permitted by applicable law, the Company and its licensors, suppliers, officers, directors, employees, and agents expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including without limitation all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, reliability, availability, or non-infringement.

13.2. We make no warranty that the Service will: (a) meet your requirements or expectations; (b) be available on an uninterrupted, timely, secure, or error-free basis; (c) provide accurate, complete, or reliable transcriptions, scores, feedback, coaching, or other outputs; (d) be free of viruses or other harmful components; or (e) result in any particular improvement in your speaking, communication, or professional abilities.

13.3. You acknowledge that AI-generated output may contain errors, omissions, “hallucinations,” biases, or inappropriate content, and that the Company does not guarantee the accuracy, completeness, or appropriateness of any AI Output.

13.4. The Company is not a licensed speech-language pathologist, audiologist, medical provider, mental-health provider, or educational institution. The Service does not constitute therapy, diagnosis, or treatment.

13.5. If applicable law requires any warranties with respect to the Service, all such warranties are limited in duration to ninety (90) days from the date of first use. Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty lasts, so the above exclusions and limitations may not apply to you.

14. Limitation of Liability

14.1. To the maximum extent permitted by applicable law, in no event will the Company (or its licensors, suppliers, officers, directors, employees, or agents) be liable to you or to any third party for any lost profits, lost revenue, lost data, loss of goodwill, reputational harm, costs of procurement of substitute products, or any indirect, consequential, incidental, special, exemplary, or punitive damages arising from or relating to these Terms, the Service, any Voice Data, any AI Output, any User Content, or your use of or inability to use the Service, even if the Company has been advised of the possibility of such damages, and regardless of the legal theory (contract, tort, strict liability, or otherwise) on which the claim is based.

14.2. Notwithstanding anything to the contrary in these Terms, the total aggregate liability of the Company (and its licensors, suppliers, officers, directors, employees, and agents) to you for all claims arising from or related to these Terms or the Service will not exceed the greater of (a) the amounts you actually paid to the Company (through Apple or otherwise) for the Service in the three (3) months immediately preceding the event giving rise to the claim, or (b) fifty U.S. dollars (U.S. $50). The existence of more than one claim will not enlarge this limit.

14.3. You agree that the Company’s licensors, suppliers, and third-party service providers (including without limitation Apple Inc., OpenAI, Microsoft Azure, Groq, Cartesia, Modal, and Supabase) will have no liability of any kind arising from or relating to these Terms or your use of the Service.

14.4. Access to and use of the Service is at your own discretion and risk, and you will be solely responsible for any damage to your device, computer system, or loss of data resulting from such use.

14.5. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by applicable law.

14.6. Essential Basis. You acknowledge that the limitations in this Section 14 are an essential basis of the bargain between you and the Company, and that the Company would not provide the Service without these limitations. The limitations apply notwithstanding any failure of essential purpose of any limited remedy.

15. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its affiliates, licensors, suppliers, officers, directors, employees, and agents (the “Indemnified Parties”) from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to: (a) your access to or use of the Service; (b) your User Content or Voice Data; (c) your violation of these Terms; (d) your violation of any law or any third-party right (including any intellectual property, privacy, or publicity right); (e) any recording you make of another person without that person’s required consent; or (f) any reliance by you or any third party on AI Output, scores, feedback, transcriptions, or any other content delivered through the Service. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company, and you agree to cooperate with the Company’s defense of such claims.

16. Term, Suspension, and Termination

16.1. These Terms remain in full force and effect while you use the Service. The Company may suspend, restrict, or terminate your access to the Service (including your Account and any active subscription) at any time, for any reason or no reason, with or without notice, in its sole discretion, including (without limitation) for any actual or suspected violation of these Terms.

16.2. You may terminate these Terms at any time by deleting your Account and ceasing to use the Service. You remain responsible for any amounts owed for the then-current billing period; cancellation of a subscription is governed by Section 5.

16.3. Upon termination of these Terms or your Account, your right to access and use the Service will immediately cease. The following provisions will survive termination: Sections 4, 6, 8.2, 8.3, 9, 10.1, 10.2, 11, 13, 14, 15, 16.3, 17, 18, 19, 20, 21, and 22.

17. Dispute Resolution; Mandatory Arbitration; Class Action Waiver

Please read this Section carefully. It is part of your contract with the Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

(a) Applicability.All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with these Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court will be resolved by binding arbitration on an individual basis under the terms of this Section 17. Unless otherwise agreed, all arbitration proceedings will be held in English. This Section applies to you and the Company, and to the Company’s subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms.

(b) Notice and Informal Resolution.Before either party may initiate arbitration, that party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim and the requested relief. A Notice to the Company must be sent to: AlgoEdge Labs LLC, 1917 1st Ave, Suite 200, Seattle, WA 98101, Attn: Legal, with a copy by email to the address listed in Section 22. After the Notice is received, the parties may attempt to resolve the claim informally. If the parties do not resolve the claim within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding.

(c) Arbitration Rules.Arbitration will be initiated through the American Arbitration Association (“AAA”). If AAA is unavailable, the parties will agree on an alternative ADR provider. The AAA Consumer Arbitration Rules (the “Arbitration Rules”) will govern, except to the extent in conflict with these Terms. The Arbitration Rules are available at adr.org or by calling AAA at 1-800-778-7879. The arbitration will be conducted by a single, neutral arbitrator. Claims or disputes seeking less than $10,000 may be resolved through binding non-appearance-based arbitration at the option of the party seeking relief. For claims or disputes seeking $10,000 or more, the right to a hearing will be determined by the Arbitration Rules. Any in-person hearing will be held in a location within 100 miles of the Company’s principal place of business, unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator will give the parties reasonable notice of the date, time, and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party will bear its own costs (including attorneys’ fees) and an equal share of the fees and costs of the ADR provider, except as otherwise required by the Arbitration Rules or applicable law.

(d) Non-Appearance Arbitration. If non-appearance-based arbitration is elected, the arbitration will be conducted by telephone, online, and/or based solely on written submissions. 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 otherwise agreed by the parties.

(e) Time Limits. Any arbitration must be initiated within the applicable statute of limitations and within any deadline imposed under the Arbitration Rules.

(f) Authority of Arbitrator. The arbitrator will have authority to decide the rights and liabilities of you and the Company. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have authority to grant motions dispositive of all or part of any claim, to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these 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.

(g) Waiver of Jury Trial. The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or jury, instead electing that all claims and disputes will be resolved by arbitration under this Section. Arbitration procedures are typically more limited, more efficient, and less costly than court rules and are subject to very limited review by a court. In any litigation between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, you and the Company waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.

(h) Waiver of Class or Consolidated Actions. 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.

(i) Confidentiality. All aspects of the arbitration proceeding, including the award and compliance with the award, will be strictly confidential, except as required by law or to enforce the award or this agreement.

(j) Severability. If any part of this Section 17 is found by a court of competent jurisdiction to be invalid or unenforceable, that part will be severed and the remainder of this Section will continue in full force and effect.

(k) Right to Waive. Any or all of the rights and limitations set forth in this Section 17 may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Section.

(l) Survival. This Section 17 will survive the termination of your relationship with the Company.

(m) Small Claims Court. Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court.

(n) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures will not be deemed a waiver of any other rights or obligations under this Section.

(o) Claims Not Subject to Arbitration.Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secrets will not be subject to this arbitration agreement.

(p) Courts; Venue. In any circumstances where this Section 17 permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the state and federal courts located within Kings County, New York, for such purpose, and waive any objection to such jurisdiction or venue.

(q) Governing Law. These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

18. Apple-Specific Terms (iOS Application)

The following additional terms apply to your use of the Orator iOS application (the “Licensed Application”). In the event of any conflict between the following and the rest of these Terms, the following will control with respect to the Licensed Application only:

(a) Acknowledgment.These Terms are between you and the Company only, and not with Apple Inc. (“Apple”). The Company, not Apple, is solely responsible for the Licensed Application and its content.

(b) Scope of License. The license granted in Section 8 is limited to a non-transferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing, where applicable.

(c) Maintenance and Support. The Company is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in these Terms or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Licensed Application.

(d) Warranty. The Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Company.

(e) Product Claims.The Company, not Apple, is responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession and/or use of it, including but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Licensed Application’s use of the HealthKit and HomeKit frameworks (if applicable).

(f) Intellectual Property Rights.In the event of any third-party claim that the Licensed Application or your possession and use of the Licensed Application infringes that third party’s intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such infringement claim.

(g) Legal Compliance.You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

(h) Developer Contact Information. Direct any questions, complaints, or claims to: AlgoEdge Labs LLC, 1917 1st Ave, Suite 200, Seattle, WA 98101, or via the email listed in Section 22.

(i) Third-Party Terms of Agreement. You must comply with applicable third-party terms of agreement when using the Licensed Application.

(j) Third-Party Beneficiary.You and the Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms with respect to the Licensed Application, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you with respect to the Licensed Application as a third-party beneficiary thereof.

19. Changes to These Terms

19.1. The Company reserves the right to modify these Terms at any time. If we make material changes, we may notify you by sending an email to the address associated with your Account (if any) and/or by posting notice within the Service or on our website. You are responsible for keeping your contact information current.

19.2. Material changes will be effective on the earlier of: (a) thirty (30) calendar days after we send notice to you (where required); or (b) thirty (30) calendar days after we post the updated Terms within the Service or on our website. Non-material changes will be effective immediately upon posting. Continued use of the Service following the effective date of any change constitutes your acceptance of those changes. If you do not agree, your sole remedy is to stop using the Service and cancel your subscription.

20. Export Compliance

The Service may be subject to U.S. export-control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, the Service or any technical data acquired from the Company, or any product utilizing such data, in violation of U.S. export laws or regulations. You represent and warrant that you are not located in, under the control of, or a national or resident of any country to which export of the Service is prohibited, and that you are not listed on any U.S. Government list of prohibited or restricted persons.

21. Electronic Communications

The communications between you and the Company use electronic means, whether you use the Service or send us emails, or whether the Company posts notices in the Service or communicates with you via email or push notification. For contractual purposes, you (a) consent to receive communications from the Company in electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect your non-waivable rights.

22. Miscellaneous

22.1. Entire Agreement. These Terms, together with our Privacy Policy and any other policies or terms expressly incorporated by reference, constitute the entire agreement between you and the Company regarding the Service, and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written.

22.2. Waiver. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.

22.3. Severability. If any provision of these Terms is held to be invalid or unenforceable for any reason, the remaining provisions will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

22.4. Construction.Section titles are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” Singular includes plural and vice versa.

22.5. Independent Contractors. Your relationship with the Company is that of an independent contractor. Neither party is an agent, partner, joint venturer, or employee of the other.

22.6. Assignment.These Terms, and your rights and obligations under them, may not be assigned, subcontracted, delegated, or otherwise transferred by you without the Company’s prior written consent. Any attempted assignment in violation of the foregoing will be null and void. The Company may freely assign these Terms. These Terms will be binding upon and inure to the benefit of the parties’ permitted successors and assigns.

22.7. Force Majeure. The Company will not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including without limitation acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, earthquakes, pandemics, accidents, network or telecommunications failures, third-party service outages, or labor disputes.

22.8. Notices to the Company. Any legal notice or correspondence to the Company must be sent to:

22.9. Notices to You. We may give notice to you by email to the address associated with your Account, by in-app notification, or by posting notice within the Service or on our website. You are responsible for keeping your contact information current.