Purple LeafPurple Leaf

Terms of Service

Effective Date: August 15, 2024

Last Revised: August 15, 2024

This Purple Leaf User Agreement (“Terms”) applies to your access to, and use of, the websites, emails, and other online products and services (collectively, the “Services”) provided by Cynapta, LLC (doing business as “Purple Leaf”) (“Cynapta,” “Purple Leaf,” “we,” “us,” or “our”).

1. YOUR ACCESS TO THE SERVICE

No one under the age of 13 is allowed to use or access the Services. We may offer additional Services that require you to be older to use them, so please read all notices and any Additional Terms carefully when you access the Services.
By using the Services, you affirm that:
  • You are at least 13 years old and meet the minimum age requirement of your country of residence to access and use the Services;
  • You can form a binding contract with Purple Leaf, or, if you are over 13 but under the age of majority in your jurisdiction, that your legal guardian has reviewed and agrees to these Terms;
  • You are not barred from using the Services under any applicable laws;
  • You have not been permanently suspended or removed from the Services; and
  • If you are accepting these Terms on behalf of another legal entity, including a business or government entity, you represent that you have full legal authority to bind such entity to these Terms.

2. PRIVACY

Purple Leaf’s Privacy Policy explains how and why we collect, use, and share information about you when you access or use our Services. By using the Services, you acknowledge that you have read and understood our Privacy Policy, and you consent to the collection, use, and sharing of your information as described in the Privacy Policy.
To improve the accuracy and performance of our AI models, we may analyze data and content provided by users, including AI-generated content. This data will be anonymized and aggregated, ensuring that no personally identifiable information is used. Your privacy is important to us, and we implement industry-standard security measures to protect your data. By using the Services, you consent to this use of your data.

3. YOUR USE OF THE SERVICES

We reserve all rights not expressly granted to you by these Terms.
Except as permitted by applicable law or with our prior written consent, you may not:
  • License, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Content;
  • Modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content; or
  • Access the Services or Content in order to build a similar or competitive website, product, or service, except as permitted under any Additional Terms (as defined below).
We are continually improving our Services. This means we may add or remove features, products, or functionalities; we will try to notify you in advance, but that may not always be possible. We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to the functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.

4. YOUR ACCOUNT AND ACCOUNT SECURITY

To access certain features of our Services, you may be required to create an account (an “Account”) and provide us with a username, password, and certain other information about yourself, as described in our Privacy Policy.
You are solely responsible for maintaining the confidentiality of the information associated with your Account, as well as for all activities that occur under your Account. You agree to:
  • Maintain the security of your Account by using a strong, unique password and keeping it confidential;
  • Immediately notify us if you discover or suspect any unauthorized access to or use of your Account; and
  • Ensure that your account information remains accurate, complete, and up to date.
We recommend that you regularly update your password and take other appropriate measures to protect your Account. Purple Leaf is not liable for any loss or damage arising from your failure to comply with these responsibilities.

5. YOUR CONTENT

The Services may contain information, text, links, graphics, photos, videos, audio, streams, software, tools, or other materials (“Content”), including Content created with or submitted to the Services by you or through your Account (“Your Content”). We take no responsibility for, and do not expressly or implicitly endorse, support, or guarantee, the completeness, truthfulness, accuracy, or reliability of any of Your Content.
User Responsibility and Representations
By using the Services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content as outlined in these Terms. Because you are solely responsible for Your Content, you may expose yourself to liability if you post or share Content without having all necessary rights.
Rights Granted to Purple Leaf
Purple Leaf reserves the right, but is not obligated, to remove any Customer Property processed through the Services at its sole discretion. By submitting, posting, displaying, providing, or otherwise making available any Customer Property on or through the Services, you explicitly grant, and you represent and warrant that you have all necessary rights to grant, Purple Leaf a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to:
  • Use, reproduce, modify, publish, list information about, edit, translate, distribute, syndicate, publicly perform, publicly display, and create derivative works from all such Customer Property and your name, voice, and/or likeness as contained in your Customer Property;
  • Modify, improve, and enhance artificial intelligence models;
  • Promote and redistribute part or all of the Services (and derivative works) across any media formats and channels;
  • Use your name, trademarks, and logos during the Term to identify you as a subscriber of the Services.
Ownership of Customer Property and AI-Generated Content
You retain ownership of any content provided to or generated by the Services. By using the Services, you grant Purple Leaf a non-exclusive, royalty-free, sublicensable, and worldwide license to use, reproduce, modify, and display the content for the purpose of providing and improving the Services. This license does not grant Purple Leaf the right to sell or commercially exploit your content outside the scope of the Services.
Affirmations and Warranties Regarding Customer Property
In connection with your Customer Property, you affirm, represent, warrant, and agree that:
  • You have obtained written consent from every identifiable person in the Customer Property, if any, to use their name or likeness as intended by the Services and this Agreement, and each person has released you from any liability that could arise from such use;
  • You have secured and are solely responsible for obtaining all consents required by law to submit any Customer Property relating to third parties;
  • Your Customer Property and Purple Leaf’s use of it as described in this Agreement and the Services will not violate any laws or infringe on the rights of any third party, including but not limited to Intellectual Property Rights and privacy rights;
  • Purple Leaf can exercise the rights to your Customer Property granted under this Agreement without liability for any payments, fees, or royalties, including those payable under any collective bargaining agreement.
Limitation of Liability
Purple Leaf is not responsible for, and assumes no liability for, any Customer Property that you or any other user or third party posts, sends, or otherwise makes available through the Services. You are solely responsible for Your Content and the consequences of posting, publishing, sharing, or otherwise making it available on the Services. You acknowledge and agree that you may encounter Customer Property that is inaccurate, objectionable, inappropriate for children, or otherwise unsuitable for your purposes, and you agree that Purple Leaf shall not be liable for any damages you claim to have incurred as a result of or in connection with any Customer Property.
Feedback and Suggestions
Any ideas, suggestions, and feedback about Purple Leaf or our Services that you provide to us are entirely voluntary, and you agree that Purple Leaf may use such ideas, suggestions, and feedback without compensation or obligation to you.
Right to Remove Content
Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for violating these Terms, violating our Acceptable Use Policy (AUP), or if you otherwise create or are likely to create liability for us.

6. AI-Generated Content

The Services utilize AI to generate content based on the data or content you provide, including social media posts for platforms such as LinkedIn, Twitter, and Facebook. You acknowledge and agree that:
  • You are solely responsible for reviewing and ensuring the accuracy, appropriateness, and legality of any content generated by the AI before using or publishing it on any platform.
  • Purple Leaf does not guarantee the accuracy, completeness, or legal compliance of AI-generated content. You agree that you will not use AI-generated content in a manner that violates any laws, regulations, or third-party rights, including intellectual property rights.
  • AI Content Limitations: AI-generated content provided by the Services is intended to assist you in generating ideas and drafting posts. However, the AI may produce content that is incomplete, incorrect, biased, or otherwise inappropriate for your specific needs. It is your responsibility to thoroughly review and edit AI-generated content before using it for any purpose. Purple Leaf is not liable for any consequences resulting from the use of unreviewed AI-generated content.
  • Full Responsibility: By using the AI content generation features, you understand that the AI may produce content that is incorrect, biased, or inappropriate, and you assume full responsibility for any outcomes resulting from the use of such content.

7. User Responsibilities for AI-Generated Content

You acknowledge and agree that:
  • Review and Edit: You are responsible for thoroughly reviewing and editing any content generated by the Services before using or publishing it. This includes ensuring that the content is accurate, appropriate, and legally compliant.
  • Customization and Compliance: AI-generated content may require modification or editing to meet your specific needs and to comply with legal requirements. It is your responsibility to ensure that the content adheres to all applicable laws, regulations, and platform policies.
  • Limitations of Reliance: You should not rely solely on AI-generated content for any critical or legally binding communications. Always verify and, if necessary, consult with a qualified professional before using AI-generated content in important or legal contexts.
  • Legal Responsibility: As a user of the AI content generation features, you assume full responsibility for the legal implications of using AI-generated content, including ensuring that it does not violate third-party rights or legal standards.

8. THIRD-PARTY CONTENT, ADVERTISEMENT & PROMOTIONS

The Services may contain links to third-party websites, products, or services, which may be posted by advertisers, affiliates, partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for the content, accuracy, or availability of any third party’s websites, products, or services. Your use of Third-Party Content is at your own risk, and you should conduct any investigation you feel necessary before proceeding with any transaction or engagement with such Third-Party Content.
The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any Content or information on the Services, including Your Content. These advertisements help fund the Services, and their inclusion does not imply endorsement by Purple Leaf.
If you choose to use the Services to conduct a promotion (a “Promotion”), you are solely responsible for ensuring that the Promotion complies with all applicable laws and regulations, including but not limited to creating official rules, offer terms, eligibility requirements, and securing any necessary licenses, registrations, bonds, or regulatory approvals. Your Promotion must clearly state that it is not sponsored by, endorsed by, or associated with Purple Leaf, and the rules for your Promotion must require each entrant or participant to release Purple Leaf from any liability related to the Promotion. You acknowledge and agree that we will not assist you in any way with your Promotion, and you agree to conduct your Promotion at your own risk.
When using our Services to generate content for third-party platforms, such as LinkedIn, Twitter, or Facebook, you agree to comply with the terms of service, community guidelines, and any other policies of those platforms. Purple Leaf is not responsible for any actions taken by third-party platforms in relation to content generated through our Services.

9. ACCEPTABLE USE POLICY

Please read this Acceptable Use Policy ("Policy" or "AUP") carefully before using any Purple Leaf (“Purple Leaf,” "we," or "us") website, including www.purpleleaf.ai, or any service (collectively, the “Services") operated by Purple Leaf. Use of the Services is subject to this Policy.
We reserve the right to change this Policy at any time and will use commercially reasonable efforts to notify you of such changes. To ensure your compliance with this Policy, we advise that you frequently visit this page.
Prohibited Activities:
In addition to what is prohibited in the AUP, you may not do any of the following:
  • Interference with Services: Use the Services in any manner that could interfere with, disable, disrupt, overburden, or otherwise impair the Services.
  • Unauthorized Access: Gain access to (or attempt to gain access to) another user’s account or any non-public portions of the Services, including the computer systems or networks connected to or used together with the Services.
  • Malicious Software: Upload, transmit, or distribute to or through the Services any viruses, worms, malicious code, or other software intended to interfere with the Services, including its security-related features.
  • Intellectual Property Violations: Use the Services to violate applicable law or infringe any person’s or entity’s intellectual property rights or any other proprietary rights.
  • Unauthorized Data Collection: Access, search, or collect data from the Services by any means (automated or otherwise) except as permitted in these Terms or in a separate agreement with Purple Leaf.
  • Abuse and Fraud: Use the Services in any manner that we reasonably believe to be an abuse of or fraud on Purple Leaf or any payment system.
Specific Prohibitions and High-Risk Activities:
You further agree not to use the Services for any of the following:
  • High-Risk Physical and Economic Harm
    • Weapons and Warfare: Activities related to weapons development, military operations, or the management of critical infrastructure (e.g., energy, transportation, water).
    • Gambling and Financial Harm: Involvement in multi-level marketing, gambling, payday lending, or other high-risk financial activities.
  • Adult Content and Political Campaigning
    • Adult Industries: Creation or distribution of adult content, including pornography, erotic chat, or content intended to arouse sexual excitement.
    • Political Activities: Generating campaign materials, lobbying, or using the Services for political advocacy, especially when it involves personalized or targeted messaging.
  • Privacy Violations
    • Tracking and Monitoring: Engaging in tracking, monitoring, or surveillance of individuals without their consent, including facial recognition or classification based on protected characteristics.
    • Unauthorized Data Use: Collecting, using, or disclosing personal information in violation of privacy laws, including the unlawful handling of sensitive records.
Additional Requirements:
  1. Professional Review: Any content provided to third parties (e.g., clients, customers) must be reviewed by a qualified professional in the relevant field before dissemination. This is especially important for content related to medical, financial, legal, or other regulated industries.
  2. Disclaimer for AI-Generated Content: If using AI-generated content, particularly in consumer-facing applications, you must provide a clear disclaimer informing users of the use of AI and its potential limitations.
Your Services may be suspended or terminated with or without notice upon any violation of this policy. Any violations may result in the immediate suspension or termination of your account.
A violation of this AUP shall be determined in Purple Leaf’s sole discretion. You agree that violations of this AUP by you or any person or entity acting under your account to use the Services will, in addition to any other remedies, including possible criminal prosecution, result in termination of your access to the Services and deletion of your data. In addition, violation of this AUP may result in tracking information being stored to identify the offending person and permanent restriction from holding an account on the Services.

10. COPYRIGHTS

We respect the intellectual property of others and require that users of our Services do the same. It is our policy to remove any material that infringes upon the intellectual property rights of others from the Services, and to terminate, in appropriate circumstances, the accounts of users who are repeat infringers. If you believe that any content on our Services infringes a copyright or trademark that you own or control, you may notify our Designated Agent by sending an email to copyright@purpleleaf.ai. Your notification must include the following information:
  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or trademark that has been allegedly infringed;
  2. Identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright or trademark that is allegedly infringed.
Please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Purple Leaf for certain costs and damages, including attorneys’ fees.

11. INTELLECTUAL PROPERTY

The Services are owned and operated by Purple Leaf. The visual interfaces, graphics, design, compilation, information, data, computer code, products, services, trademarks, and all other elements of the Services provided by Purple Leaf (collectively, the "Materials") are protected by intellectual property and other laws. All Materials included in the Services are the property of Purple Leaf or its third-party licensors. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Materials or by purchasing Paid Services. Except as expressly authorized by Purple Leaf and subject to these Terms, you may not make use of the Materials. We reserve all rights to the Materials not expressly granted in these Terms.
Purple Leaf Property and all associated Intellectual Property Rights are solely owned by Purple Leaf and its licensors, including other Users who contribute content to the Services. Except as explicitly stated in these Terms, nothing herein grants you any rights to Purple Leaf Property. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any Purple Leaf-created content or Property except for your internal business use. Unauthorized use of Purple Leaf Property is strictly prohibited.
For clarity, "Purple Leaf Property" includes, but is not limited to, Aggregated Statistics and any other information or content derived from Purple Leaf’s monitoring of your access to or use of the Services, but it does not include "Customer Property." You unconditionally and irrevocably assign all rights, title, and interest in Aggregated Statistics, including all related Intellectual Property Rights, to Purple Leaf.

12. FEES & PAYMENTS

Fees and Payments:
Certain aspects of the Services may be provided for a fee or other charge. If you elect to use paid aspects of the Services, you agree to our Pricing and Payment Terms. Purple Leaf may add new services for additional fees and charges, or modify fees and charges for existing services, at any time in its sole discretion. Any changes to our Pricing and Payment Terms will become effective in the billing cycle following notice of such change to you as provided in this Agreement.
Free Trials and Automatic Billing:
We or our third-party service providers may offer free trials for certain Services. Unless you cancel your subscription before the end of the free trial period, we or our third-party service provider will automatically bill your payment method on the later of the day your free trial ends or the day you start your paid subscription, and on each recurring billing date thereafter. You will not receive a notice that your free trial has ended and that payment for your subscription is due. To avoid charges, you must cancel your subscription before midnight Pacific Standard Time on the last day of your free trial period. If you cancel during the free trial, the cancellation may be effective immediately, and you may lose access to the service.
Cancellation and Refunds:
You may cancel your Customer Account at any time; however, there are no refunds for cancellation. If you cancel, you will continue to have access to the paid Services until the end of your current billing cycle. In the event that Purple Leaf suspends or terminates your Customer Account or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees paid for any portion of the Services, any content or data associated with your Customer Account, or for anything else.
You may cancel your Customer Account at any time; however, there are no refunds for cancellation. In the event that Purple Leaf suspends or terminates your Customer Account or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Services, any content or data associated with your Customer Account, or for anything else.

13. INDEMNITY

Except to the extent prohibited by law, you agree to defend, indemnify, and hold harmless Purple Leaf, its affiliates, and their respective directors, officers, employees, agents, contractors, third-party service providers, and licensors (collectively, the “Purple Leaf Entities”) from and against any and all claims, demands, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in connection with: (a) your use or misuse of the Services; (b) your breach or alleged breach of these Terms; (c) your violation or alleged violation of any applicable laws or regulations; (d) your Content; or (e) your interaction with any other user of the Services.
Purple Leaf reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with Purple Leaf in asserting any available defenses. This indemnification obligation will survive the termination of these Terms and your use of the Services.

14. DISCLAIMER & LIMITED LIABILITY

Nothing in these Terms will prejudice the statutory rights that you may have as a user of the Services. Some countries, states, provinces, or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the fullest extent permitted by the laws of such jurisdictions.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, LEGAL, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PURPLE LEAF DOES NOT WARRANT THAT THE SERVICES WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, OR THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR SECURE. PURPLE LEAF DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT, ACTIONS, OR THIRD-PARTY SERVICES AVAILABLE THROUGH OR LINKED TO THE SERVICES. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
Limitation of Liability:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY OF THE PURPLE LEAF ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR RESULTING LOSS OF DATA.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE PURPLE LEAF ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE TOTAL AMOUNT YOU PAID TO PURPLE LEAF IN THE PREVIOUS SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. IF YOU ARE USING A "FREE PLAN" OR HAVE NOT PAID ANY AMOUNTS TO PURPLE LEAF, THEN PURPLE LEAF SHALL HAVE NO LIABILITY TO YOU WHATSOEVER. THIS LIMITATION APPLIES TO ALL CLAIMS UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, CONTRACT, WARRANTY, STATUTE, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY, EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE. THIS LIMITATION SHALL NOT APPLY TO LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR INTENTIONAL HARM.

15. LAW & VENUE

If you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns here.
To the fullest extent permitted by applicable law, any claims arising out of or relating to these Terms or the Services will be governed by the laws of the State of Delaware, without regard to its conflict of laws rules. All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in Wilmington, Delaware, or the federal or state courts located in Texas, at the discretion of Purple Leaf, and you and Purple Leaf consent to personal jurisdiction in these courts.
If you are a U.S. city, county, or state government entity, then this Section 14 does not apply to you. If you are a U.S. federal government entity, any claims arising out of or relating to these Terms or the Services will be governed by the laws of the United States of America without regard to its conflict of laws rules. To the extent permitted by federal law, the laws of Delaware (other than its conflict of law rules) will apply in the absence of applicable federal law. All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in Wilmington, Delaware, or the federal or state courts located in Texas, at the discretion of Purple Leaf.
Binding Arbitration
(a) Agreement to Arbitrate. You and Purple Leaf agree to resolve any and all disputes (collectively, "Disputes") arising out of or relating to the Terms of Service or your use of the Service (defined below) through binding arbitration, which shall be final and non-appealable, except as provided under the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.
(b) Exceptions. This agreement to arbitrate does not apply to: (i) claims arising out of a breach of your intellectual property rights or those of Purple Leaf, limited to patent, copyright, trademark, or trade secret claims; (ii) claims related to the enforcement of this Section 11 (Dispute Resolution and Arbitration); or (iii) claims for injunctive relief to prevent actual or threatened infringement of any intellectual property rights.
(c) Informal Resolution. Before initiating arbitration, you and Purple Leaf agree to first attempt to resolve any Dispute informally. Such informal negotiations commence upon written notice from one party to the other. If a Dispute is not resolved within 30 days, either party may proceed to arbitration.
(d) Arbitration Rules and Procedures. Arbitration shall be administered by the American Arbitration Association ("AAA") or a comparable Arbitration Provider agreed upon by both parties, in accordance with its Consumer Arbitration Rules. If the parties cannot agree on an Arbitration Provider, the arbitration shall be administered by the AAA. The arbitration will be conducted by a single arbitrator selected by mutual agreement or, if the parties cannot agree, appointed under the AAA’s rules.
(e) Fees. You and Purple Leaf will each be responsible for your respective filing fees and any portion of the arbitrator's fees that you are required to pay under the applicable rules, provided that, to the extent required by applicable law, Purple Leaf will pay all fees and costs that are necessary to prevent the arbitration provision from being unenforceable.
(f) No Class Action. You and Purple Leaf agree that any arbitration shall be conducted on an individual basis and not in a class, consolidated, or representative proceeding. If this class action waiver is found to be unenforceable, the entire arbitration agreement shall be null and void.
(g) Severability. If any part of this arbitration provision is found to be unenforceable, such part shall be struck, and the remaining provisions shall be enforced, except as provided in subsection (f) regarding the class action waiver.

16. MISCELLANEOUS

Entire Agreement:
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, constitute the entire agreement between you and Purple Leaf regarding your access to and use of the Services. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
Assignment:
You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign any of our rights and obligations under these Terms, at our sole discretion, without restriction and with 30 days’ prior notice to you.
Legally Binding Agreement:
These Terms constitute a legally binding agreement between you and Purple Leaf. If you have any questions about these Terms, please contact us at hello@purpleleaf.ai.

17. CHANGE TO TERMS OF SERVICE

We may make changes to these Terms from time to time. If we make changes, we will post the revised Terms and update the "Effective Date" above. If the changes, in our sole discretion, are material, we may also notify you by sending an email to the address associated with your Account (if you have provided one) or by otherwise providing you with notice through our Services. You are responsible for ensuring that your email address on file is current and accurate. By continuing to access or use the Services on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using our Services before the changes become effective.

18. CONTACT US

If you have other questions about this terms of service, please contact us at hello@purpleleaf.ai.
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