Terms of Service

1. Who We Are; Acceptance of These Terms

These Terms of Service (these “Terms”) are an agreement between you and PamirAI Incorporated, a Delaware corporation (“Pamir AI,” “we,” “us”). They govern your purchase and use of Pamir AI hardware devices (each a “Device”), the software embedded in or pre-installed on a Device by Pamir AI, including updates (“Firmware”), our mobile application (the “Companion App”), and the online services we operate in connection with them (collectively, the “Services”). Third-party service providers, including large language model providers, are not parties to these Terms.

By creating an account, placing an order, or using a Device or the Services, you accept these Terms. If you do not agree, please do not place an order or use the Services. These Terms govern everything for individual customers: your Device purchase, the Firmware, the Companion App, and our cloud services. For business customers who have signed a separate Master Product and Services Agreement with Pamir AI, that agreement governs their purchase of Products, and these Terms apply to their use of the Companion App and account-based Services only.

PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION IN SECTION 16, WHICH REQUIRES THAT DISPUTES BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN IN COURT OR AS PART OF A CLASS, CONSOLIDATED, OR COORDINATED ACTION. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 16.

Our Privacy Policy (pamir.ai/privacy) describes how we handle personal data. Your Device is also covered by our Limited Warranty, provided separately.

2. Eligibility; Your Account

You must be at least 18 years old, or the minimum age required to enter into contracts where you live, whichever is higher, to purchase a Device or create an account. You agree to provide accurate account information and keep it current. You are responsible for maintaining the confidentiality of your account credentials and for activity under your account. Please notify us promptly at support@pamir.ai if you believe your account has been compromised.

3. Purchases, Payment, and Shipping

3.1 Orders and Prices

Prices, features, and availability are as shown at the time of your order and may change for future orders. Applicable taxes and shipping charges are shown at checkout. Your order is an offer to purchase; it is accepted when we ship your Device.

3.2 Cancellation Before Shipment

You may cancel any order for a full refund at any time before shipment.

3.3 Shipping; Risk of Loss

Title to the Device (excluding Firmware, which is licensed) and risk of loss pass to you upon delivery of the Device to the carrier. Estimated delivery dates are estimates only.

3.4 Returns

You may return a Device for any reason within fourteen (14) days of delivery, in accordance with our Shipping & Returns Policy (pamir.ai/returns), which describes return conditions, the return-authorization process, and refund timing. For standard returns, you are responsible for return shipping, and refunds are issued to your original payment method within ten (10) business days of our receipt and inspection of the return. This return right is in addition to, and does not limit, your rights under the Limited Warranty or applicable law.

4. Your License to the Firmware and Companion App

4.1 License

The Firmware is licensed, not sold. We grant you a personal, non-exclusive, royalty-free license to use the Firmware as embedded in and for the operation of your Device, and to use the Companion App on devices you own or control in connection with your Device and account.

4.2 Your Own Software

The Device is designed to let you install and run your own software and connect your own third-party accounts and credentials. Doing so is permitted and does not void these Terms or your warranty (except to the extent your software causes the damage; see the Limited Warranty).

4.3 Restrictions

Except as permitted by an applicable open-source license or by law, you may not copy, modify, or redistribute the Firmware or Companion App outside your Device, remove proprietary notices, or use them to create a competing commercial product. Where the Firmware or Companion App includes open-source components, the applicable open-source license governs that component, including where it grants broader rights than these Terms.

4.4 Reservation of Rights

Pamir AI and its licensors retain all right, title, and interest in and to the Device (excluding the hardware, title to which transfers under Section 3), the Firmware, the Companion App, all related documentation, the design of the Device, and all related intellectual property, including all modifications, enhancements, improvements, updates, and derivative works of any of the foregoing. To the extent you acquire any right, title, or interest in any such modification, enhancement, improvement, update, or derivative work, you hereby assign that right, title, and interest to Pamir AI. No rights are granted to you except as expressly stated in these Terms.

5. The Device Works Without Us

The Device is designed to operate independently of the Companion App and Pamir AI-operated services. Without them, your device continues to boot, accept local and network (SSH) login, remain configurable on-device, and run software you install using your own third-party credentials (the “Core On-Device Functions”). The Core On-Device Functions do not depend on the continued availability of the Companion App or our services. If we ever discontinue the Companion App, we will give at least six (6) months' notice and provide reasonable migration documentation. The availability of third-party services (including large language model providers) is outside our control.

6. Cloud Services and the Companion App

6.1 Included Services

The Companion App and our account-based cloud services are provided on a reasonable-efforts basis. We do not promise uninterrupted availability, and we may modify or improve them over time. Features that depend on our cloud (such as remote access and notifications) require an internet connection and a functioning account.

6.2 Subscription Services

The Services may include automatically recurring payments for periodic charges for certain products and/or services we may make available to you on a subscription basis as part of the Services (“Subscription Services”). If you sign up for a Subscription Service, (a) you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address, and your shipping information, and (b) you authorize us to periodically charge, on an ongoing recurring basis and until cancellation of either the recurring payments or your account, all accrued sums on or after the payment due date for the accrued sums. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A SUBSCRIPTION SERVICE. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating payment transactions for the Subscription Service. The “Subscription Billing Date” is the date when you purchase your first subscription to the Subscription Services. Your account will be charged all applicable fees (the “Subscription Fee”) for the next subscription period automatically on the relevant (i.e., monthly or annual) anniversary of the Subscription Billing Date. The subscription will continue unless and until you cancel your subscription, or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel at any time through the Companion App or your account settings, effective at the end of the current billing period.

7. AI and Agent Features

7.1 How They Work

Certain features send your queries and related content to third-party large language model providers, through our infrastructure, solely to generate responses. Given the probabilistic nature of machine learning, the outputs generated by these features may not always be accurate, reliable, safe, or beneficial. We do not store this content on our servers. Where a provider offers zero-data-retention terms, we use them; otherwise the provider may retain content briefly under its published policies to prevent abuse and comply with law. No provider is permitted to use your content to train its models unless you separately opt in with that provider. Details are in our Privacy Policy.

7.2 Outputs and Actions

AI-generated outputs may be inaccurate, incomplete, offensive, or inappropriate for your purpose and do not represent the views of Pamir AI. If an AI-generated output references any third-party products or services, such reference does not imply endorsement by, or affiliation with, Pamir AI. You are solely responsible for verifying the accuracy, completeness, and suitability of any AI-generated output before using or sharing it. Do not rely on AI-generated outputs as a substitute for medical, legal, financial, or other professional advice, or for any use where an error could cause serious harm. Agents can take actions on your behalf using accounts and permissions you give them. Agents can make mistakes with real consequences, including sending communications, modifying or deleting data, or taking actions you did not intend. Review what you authorize, especially for agents acting without supervision. You are responsible for the actions you authorize agents to take. You may not: (a) use any AI-generated output or AI features to generate, distribute, or rely upon content that is false, misleading, or reasonably likely to cause harm, particularly in connection with health or safety information; (b) represent any AI-generated output as having been generated solely by a human; (c) use AI-generated outputs or any portion of the AI features to train or develop other machine learning or artificial intelligence models; (d) attempt to reverse engineer or extract any source data, model weights, or training information from the AI features; or (e) otherwise use AI-generated outputs in a manner that violates any applicable laws or regulations or these Terms.

7.3 Fair Use; Compliance

AI features may be subject to usage quotas or fair-use limits, which we will describe in our published documentation or in the Companion App. We may throttle or suspend usage that exceeds limits or that we reasonably believe is abusive or fraudulent. You agree to comply with all instructions we provide in connection with the AI features of the Services.

8. Your Content and Data

8.1 Your Content Stays Yours and Stays Local

You own the content you create, store, or process on your Device; as between you and Pamir AI, you also own the outputs your agents generate for you. The Device is designed to process and store your content locally. Except as described in our Privacy Policy (account data, device pairing information, and product telemetry that contains no content), your content is not stored by Pamir AI, and is transmitted through our systems only as described in Section 7 and the Privacy Policy.

8.2 Backups

Because your content lives on your Device and not on our servers, we cannot recover it for you. You are responsible for backing up content you care about. Loss, theft, or failure of the Device may result in permanent loss of the content stored on it.

8.3 Feedback

If you send us suggestions, ideas, or feedback about the Device or Services, you agree we may use them freely, without restriction, compensation, or obligation to you. This does not apply to your content (Section 8.1) — only to feedback you choose to share with us.

9. Third-Party Content

We may provide information about third-party products, services, activities, or events, or we may allow third parties to make their content and information available on or through our Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the applicable third party. We do not control or endorse, and make no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

10. Acceptable Use

You agree not to, and not to permit any third party to, use the Device or Services to:

1. violate any applicable law, regulation, or the rights of others;
2. access accounts or systems you are not authorized to access;
3. store, transmit, or introduce any virus, worm, Trojan horse, or other software routine or code designed to permit unauthorized access to, or to disable, erase, or otherwise harm, any software, hardware, data, or the performance of the Device or Services;
4. circumvent, bypass, or interfere with any usage limits, safety mechanisms, security measures, monitoring features, or authentication controls;
5. resell access to our cloud Services;
6. sell, lease, sublicense, or otherwise make the Device, Firmware, or Services available to any third party on a commercial basis, except that you may sell or give the Device to another person as permitted under Section 4.1;
7. reverse engineer, decompile, or disassemble the Device, Firmware, or Companion App, except to the extent expressly permitted by applicable law that cannot be waived by agreement;
8. remove, obscure, or alter any proprietary, copyright, trademark, or other intellectual property notices on or in the Device, Firmware, or Companion App;
9. modify, tamper with, or service the internal hardware or embedded software of the Device in a manner not authorized by Pamir AI or the Documentation;
10. copy, frame, or mirror any part or content of the Services, other than printing or downloading insubstantial amounts of content through the Services’ intended functionality;
11. translate or create derivative works of the Services, Firmware, or Companion App, except as expressly permitted under Section 4;
12. disclose to any third party any performance information, benchmarking results, or analysis relating to the Services without Pamir AI’s prior written consent;
13. disclose or make available your account credentials or passwords to any unauthorized third party; or
14. take any action that imposes an unreasonable or disproportionately large load on the infrastructure supporting the Services.

Actions your agents take at your direction or with your authorization are treated as your actions under these Terms. We may suspend accounts engaged in such conduct (see Section 13).

11. Updates; End of Life

We may provide Firmware updates, including security fixes, and may require updates for continued use of cloud-connected features. We will provide security-relevant Firmware fixes for your Device for at least three (3) years from the date we last sell that Device model, and will give at least twelve (12) months' notice before discontinuing a Pamir AI-operated service required for a Core On-Device Function, together with reasonable migration documentation.

12. Warranty; Disclaimers

12.1 Hardware

Your Device is covered by our Limited Warranty (provided with the Device and at pamir.ai/warranty) for twelve (12) months from delivery. The Limited Warranty gives you specific legal rights; you may also have other rights that vary by state or country. Nothing in these Terms limits any warranty or remedy that applicable law does not allow us to limit.

12.2 Disclaimer of Warranties

EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED WITH YOUR DEVICE (WHICH IS YOUR SOLE AND EXCLUSIVE HARDWARE WARRANTY), AND EXCEPT AS OTHERWISE EXPRESSLY STATED IN THESE TERMS, THE DEVICE, FIRMWARE, COMPANION APP, CLOUD SERVICES, AND ALL CONTENT, DATA, AND OUTPUTS GENERATED, PROVIDED, OR MADE AVAILABLE THROUGH ANY OF THE FOREGOING (INCLUDING ALL AI-GENERATED AND AGENT-GENERATED OUTPUTS) ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS”. PAMIR AI AND ITS LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, AVAILABILITY, COMPATIBILITY WITH ANY HARDWARE OR SOFTWARE, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, IN EACH CASE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, PAMIR AI DOES NOT WARRANT THAT: (A) THE DEVICE, FIRMWARE, COMPANION APP, OR SERVICES WILL MEET YOUR REQUIREMENTS OR OPERATE WITHOUT INTERRUPTION OR ERROR; (B) ANY DEFECTS WILL BE CORRECTED; (C) ANY OUTPUT OR CONTENT GENERATED BY AI OR AGENT FEATURES WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR FREE FROM HARMFUL CONTENT; OR (D) THE DEVICE, FIRMWARE, COMPANION APP, OR SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE, AND RESULTS OBTAINED FROM THE DEVICE, FIRMWARE, COMPANION APP, SERVICES, AND ALL OUTPUTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, SO SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, IN WHICH CASE SUCH WARRANTIES ARE LIMITED TO THE SHORTEST PERIOD AND NARROWEST SCOPE PERMITTED BY LAW. IF YOU PURCHASE A PAID SUBSCRIPTION, WE WARRANT THAT THE PAID SERVICES WILL SUBSTANTIALLY PERFORM AS DESCRIBED AT THE TIME OF PURCHASE; YOUR SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THAT WARRANTY IS RE-PERFORMANCE OR, AT PAMIR AI’S ELECTION, A PRO-RATA REFUND OF PREPAID FEES FOR THE AFFECTED PERIOD.

13. Suspension and Termination

13.1 By You

You may stop using the Services and delete your account at any time via the Companion App or by contacting support@pamir.ai.

13.2 By Us

We may suspend or terminate your account if you materially breach these Terms and (where the breach is curable) do not cure it within a reasonable period after notice, or immediately for serious abuse, fraud, or security risk.

13.3 Effect

Termination of your account does not disable your Device: the Core On-Device Functions continue to work without an account. If we terminate your account other than for your breach, or discontinue a paid service you have prepaid for, we will refund the prorated unused portion of your subscription. Sections 4.3, 7.2, 8, 9, 12, 13, 14, 15, 16, 17, and 18 survive termination.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) PAMIR AI WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL; AND (B) PAMIR AI’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO PAMIR AI IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS DO NOT APPLY TO: DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; OR ANY LIABILITY THAT APPLICABLE LAW DOES NOT ALLOW US TO LIMIT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

15. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Pamir AI and its subsidiaries and affiliates, and each of their respective officers, directors, employees, agents, and partners (collectively, the “Pamir AI Parties”), from and against any and all losses, liabilities, claims, demands, damages, expenses, and costs (including reasonable attorneys’ fees) (collectively, “Claims”) arising out of or relating to: (a) your access to or use of the Device, Firmware, Companion App, or Services, including your use of any outputs generated by AI or agent features; (b) your content (as described in Section 8.1); (c) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of another party, including intellectual property rights or privacy rights; or (e) your conduct in connection with the Device or Services. You agree to cooperate with the Pamir AI Parties in defending any such Claims and to pay all fees, costs, and expenses associated with defending such Claims (including reasonable attorneys’ fees and costs). You further agree that the Pamir AI Parties shall have sole control of the defense and settlement of any third-party Claims, at Pamir AI's sole option. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Pamir AI or the other Pamir AI Parties.

16. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. This section explains how you and Pamir AI will resolve disputes. Except where prohibited by applicable law, it requires you and Pamir AI to resolve most disputes through binding individual arbitration instead of in court before a judge or jury. It also includes a waiver of class action rights and a waiver of the right to a jury trial. These dispute-resolution terms apply to all claims between you and Pamir AI, including claims that arose before or after you accepted any prior version of these Terms.

These Terms evince a transaction involving interstate commerce. The Federal Arbitration Act, 9 U.S.C. §§ 1–16 (“FAA”), including Section 2, governs the interpretation, enforcement, and all proceedings under this Dispute Resolution Section. The FAA and applicable arbitration provider rules shall preempt any state law that conflicts with the FAA to the fullest extent permitted by law.

Scope of Arbitration

You and Pamir AI agree to resolve all claims through binding individual arbitration, except for (1) intellectual property (“IP”) Claims and (2) claims that may be brought in small-claims court. IP Claims are claims relating to patents, copyrights, trademarks, trade secrets, or moral rights, and requests for injunctive or equitable relief for alleged unlawful use or infringement of such rights. (IP Claims do not include privacy or publicity claims.) Claims that are not IP Claims but are filed together with IP Claims will be resolved by arbitration. Either party may bring an individual claim in small-claims court, so long as it remains in small-claims court, is not removed or appealed to a court of general jurisdiction, and proceeds only on an individual (non-class, non-representative) basis. Whether a claim falls within a small-claims court’s jurisdictional limits is for that court to decide in the first instance.

Pre-Arbitration Process

Before you or Pamir AI may file an arbitration demand or bring a claim in small-claims court, the claiming party must first send the other party a written Pre-Arbitration Notice (“Notice”). Good-faith, informal efforts to resolve claims often produce a faster, lower-cost, and mutually beneficial result. A Notice is “complete” only when it includes all of the following: (1) the claiming party's full name, mailing address, email address associated with their Pamir AI account, country of residence, and (if you are a U.S. resident) state of residence; (2) the name and contact information of the claiming party's attorney, if the claiming party is represented by counsel; (3) a clear description of the nature and basis of the claim, including the relevant facts giving rise to it; (4) a description of the specific relief sought, including any damages and a detailed calculation of those damages; and (5) a statement personally signed by the claiming party (not solely by their attorney) verifying under penalty of perjury that the contents of the Notice are true and accurate.

The Notice must concern only one party’s claim.

Your Notice to Pamir AI must be sent via email to support@pamir.ai. Pamir AI’s Notice to you will be sent to the email address or physical address currently associated with your account.

After the receiving party gets a complete Notice, both parties will work in good faith to resolve the dispute for 60 days from the date the complete Notice is received (“Resolution Period”). The Resolution Period may be extended by written agreement of the parties. During the Resolution Period, either party may request an individualized settlement conference by phone or video. Both parties must personally attend the conference (with counsel for both parties, if represented, invited to attend). A party who cannot attend by video may attend by phone upon a showing of good cause (for example, inability to afford video-capable equipment or insufficient internet access). The parties will cooperate to schedule the conference at the earliest mutually convenient time, which may fall after the 60-day period if the parties agree.

If the dispute is not resolved by the end of the Resolution Period (or any agreed extension), either party may commence arbitration, file in small claims court, or pursue any other course permitted by these Terms.

Completing the Notice and Resolution Period steps described above (the “Pre-Arbitration Process”) is required before commencing any arbitration or small claims court proceeding. This means that any demand for arbitration (or small claims petition) must be accompanied by (1) a written certification that the filing party has completed the Notice and Resolution Period steps and (2) the personal signature of the filing party (and their counsel, if represented) on both the demand and the certification.

If there is a question about whether the Notice was sufficient or whether the Resolution Period steps were completed, either party may raise that issue with a court of competent jurisdiction, and any pending arbitration will be stayed. The court has the authority to enforce this required first step, including the power to enjoin the filing, prosecution, or administration of any arbitration filed without completing this process; enjoin the assessment, collection, or invoicing of arbitration fees for any such filing; and award damages for non-compliance.

Unless prohibited by law, the arbitration administrator may not accept, administer, assess, or invoice fees for an arbitration commenced without proof of completion of this process. If an arbitration has already been filed without compliance, it must be administratively closed.

All applicable limitations periods (including any statutes of limitation) and any filing fee deadlines are tolled from the date a complete Notice is received by the other party until the earlier of (a) the conclusion of the Resolution Period steps (including any agreed extension) or (b) the date the dispute is resolved, withdrawn, or the filing party commences an arbitration or small-claims proceeding after the Resolution Period ends. During any agreed extension of the Resolution Period, tolling continues.

Either party may ask a court for a temporary restraining order or preliminary injunction while the Resolution Period is ongoing, but that party may do so only if waiting would cause them irreparable harm. A court's authority under this paragraph is strictly limited to granting temporary relief to support the arbitration, small claims, or other judicial process. The court may not decide the merits (the underlying substance) of the dispute.

Arbitration

Any arbitration will be administered by National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures (and, if applicable, its Supplemental Rules for Mass Arbitration Filings), as modified by these Terms. NAM rules and forms are available at www.namadr.com. If NAM is unavailable or unwilling to administer the arbitration consistent with these Terms, the arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, available at www.adr.org. If neither NAM nor AAA is available, you and Pamir AI will either agree on a new arbitration administrator or, if you and Pamir AI cannot agree, petition a court of competent jurisdiction to appoint an arbitration administrator that will administer the proceeding consistent with these Terms.

The party initiating the arbitration must include all of the following with their demand for arbitration: (1) written certification that the filing party has completed the Pre-Arbitration Process described above, (2) a copy of the Notice previously sent to the other party, (3) a statement that the filing party is bound by these Terms and this Dispute Resolution Section, and (4) personal signatures of the filing party and their counsel (if represented) on both the arbitration demand and the certification. If an arbitration demand does not include all of the above, the arbitration administrator must not accept, administer, or assess fees in connection with that demand, and any such filing will be dismissed without prejudice to refiling after the deficiency is cured.

A court of competent jurisdiction has exclusive authority to decide (1) whether this Dispute Resolution section is valid, enforceable, or applicable to a particular dispute (gateway issues), (2) whether a dispute can or must be brought in arbitration (arbitrability), (3) whether the Pre-Arbitration Process was satisfied, (4) whether to enjoin the filing, prosecution, or administration of an arbitration or the assessment of arbitration fees, (5) whether claims are “similar” for purposes of triggering the Mass Arbitration procedures below, and (6) any issues specifically reserved for a court elsewhere in these Terms. The arbitrator decides all other issues, including the merits of any properly filed claim, after the Pre-Arbitration Process has been completed. The arbitrator does not have authority to revisit the court's gateway determinations.

Unless you and Pamir AI agree otherwise, or the applicable arbitration rules dictate otherwise, any arbitration hearing involving a claim seeking no more than $15,000 will be held via videoconference with both parties having the option to attend the hearing live. All other hearings will take place in the county or parish of your residence. You and a Pamir AI representative must attend any video conference or in-person arbitration.

At the conclusion of the arbitration, the arbitrator must issue a reasoned written decision that explains the essential findings and conclusions supporting or rejecting any award. The arbitrator's decision is binding only on the parties to that arbitration and has no precedential effect in any other proceeding involving a different party. An award that has been fully satisfied may not be entered in any court.

By signing and filing an arbitration demand or any submission in the arbitration, each party and their counsel (if represented) certify that, to the best of their knowledge, information, and belief formed after an inquiry reasonable under the circumstances, (1) the filing is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or establishing new law; and (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The arbitrator is authorized to impose any sanctions available under the arbitration rules, applicable federal or state law, or standards analogous to those set forth in Federal Rule of Civil Procedure 11. Sanctions may include an award of the opposing party’s reasonable attorney fees, costs, and expenses and reallocation of arbitration fees. The arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorney fees and costs, consistent with applicable law.

Arbitration Fees

The payment of arbitration fees (the fees imposed by the arbitration administrator including filing, arbitrator, and hearing fees) will be governed by the applicable arbitration rules and applicable law. You and Pamir AI agree that arbitration should be cost effective for all parties and that any party may engage with the arbitration administrator to address the reduction or deferral of fees.

Confidentiality

Except as required by law, all non-public, proprietary, or confidential information exchanged in connection with an arbitration, including the existence of the arbitration, submissions, evidence, and any award, must be kept confidential and may be used only for purposes of the arbitration or any proceeding to confirm, enforce, or challenge the award. If disclosure is required by law, the disclosing party will, to the extent allowed, seek confidential treatment (such as filing under seal) and limit disclosure to the minimum necessary. The foregoing confidentiality obligations are subject to the limited exception set forth in the Mass Arbitration subsection below.

Offer of Settlement

In any arbitration, the defending party may make a written settlement offer at any time before the arbitrator issues a decision. If the party bringing the claim rejects the settlement offer within 7 days after receiving it and does not obtain a more favorable result in the arbitration, the party bringing the claim must pay the defending party’s costs incurred after the offer was received, including arbitration fees, to the extent permitted by applicable law. The fact and terms of the settlement offer may not be disclosed to the arbitrator until after the arbitrator issues a decision.

Individual Claims

The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND PAMIR AI AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless both you and Pamir AI agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class, collective, consolidated, or representative proceeding.

Notwithstanding the foregoing, and only to the extent required by applicable law, if a claim is asserted that includes a request for public injunctive relief (meaning injunctive relief that is primarily for the benefit of the general public and not solely for the benefit of the individual party), the parties agree that all issues other than the request for public injunctive relief shall be resolved in arbitration first (unless the claim is not subject to arbitration or is properly brought in small claims court). Following the issuance of any final award on the arbitrable claims, any request for public injunctive relief shall be decided by a court of competent jurisdiction, to the extent required by applicable law. The court shall be bound by the findings of fact and conclusions of law made by the arbitrator to the fullest extent permitted by law.

Similarly, if, after all appeals have been exhausted (or the decision is otherwise final), a court determines that any of the prohibitions on non-individualized relief or class, collective, consolidated, or representative proceedings are unenforceable with respect to a particular claim or request for relief, then (1) that particular claim or request for relief will be severed and may proceed in a court of competent jurisdiction; (2) all other claims that remain subject to arbitration on an individual basis must be arbitrated first, and the court proceedings on the non-arbitrable claim(s) will be stayed pending the completion of that arbitration; (3) any portion of the class/representative waiver that is enforceable will continue to be enforced in arbitration; and (4) the court will be bound by the arbitrator's findings of fact and conclusions of law to the fullest extent permitted by law.

You agree that any arbitrations between you and Pamir AI will be subject to this Dispute Resolution section and not to any prior arbitration agreement you had with Pamir AI, and, notwithstanding any provision in these Terms to the contrary, you agree that this Dispute Resolution section amends any prior arbitration agreement you had with Pamir AI, including with respect to claims that arose before this or any prior arbitration agreement.

Mass Arbitration

If, at any time, 25 or more claimants submit Notices or seek to file demands for arbitration raising similar claims against the other party or related parties by the same or coordinated counsel or entities (“Mass Arbitration”), then you and Pamir AI agree that the additional procedures set forth below shall apply. Claims are “similar” if they arise from the same or substantially similar facts, transactions, or legal theories, even if the claimants allege different individual damages. The parties agree that throughout this process, their counsel shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Arbitration proceeding. The parties acknowledge and agree that by electing to participate in a Mass Arbitration proceeding, the adjudication of their claim might be delayed but that reasonable efforts will be made to minimize any delays. Any applicable limitations period (including statutes of limitation) and any filing-fee deadlines shall be tolled beginning when the Notice and Pre-Arbitration Process are initiated, so long as the Notice complies with the requirements in this Dispute Resolution Section, until a claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.

Stage One

Counsel for the parties shall each select 10 claims per side (20 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. The outcomes and rulings of these Stage One arbitrations shall have no precedential or binding effect on any remaining claims. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process.

Stage Two

After the Stage One arbitrations are completed (or sooner if the parties agree in writing), the remaining parties must engage in a single global mediation of all remaining claims, with the mediator's fee paid by Pamir AI. The parties must agree on a mediator within 30 days after the conclusion of the last Stage One arbitration. If the parties cannot agree on a mediator within 30 days, the arbitration administrator will appoint a mediator as an administrative matter. All parties will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed. Notwithstanding the confidentiality obligations set forth above, the outcomes and awards from Stage One arbitrations may be shared with all parties participating in the Mass Arbitration and their counsel for purposes of the Stage Two mediation and any subsequent stage of the Mass Arbitration process described in this section.

Stage Three

If the Stage Two mediation does not resolve all remaining claims, the arbitration requirement in this Dispute Resolution Section will no longer apply to any party with a claim for which a timely and complete Notice was submitted and who completed the Pre-Arbitration Process. Any such party with an unresolved claim may pursue that claim in court, not in arbitration. These parties may bring their claims in court either individually or as part of a joint or consolidated action. However, to the fullest extent permitted by applicable law, any joint or consolidated court action may include only those claimants in Mass Arbitration proceedings who submitted a timely and complete Notice and completed the Pre-Arbitration Process.

A court of competent jurisdiction shall have the authority to enforce these Mass Arbitration provisions and, if necessary, to enjoin the mass arbitration, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these additional procedures apply to a claim, and a court of competent jurisdiction determines that they are not enforceable as to that claim, then that claim shall proceed in a court of competent jurisdiction otherwise consistent with these Terms. You and Pamir AI agree that you each value the integrity and efficiency of arbitration and wish to employ the process for the fair resolution of genuine and sincere claims between you and Pamir AI. You and Pamir AI acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. You and Pamir AI further agree that application of these Mass Arbitration proceedings has been reasonably designed to result in an efficient and fair adjudication of such cases.

Opt Out

You may opt out of the arbitration requirements of this Dispute Resolution Section by sending written notice of your decision to opt out to support@pamir.ai within 30 days of first agreeing to these Terms. Such notice must include (1) your name, (2) your contact information (including email address, mailing address, and telephone number), and (3) a statement that you wish to opt out of requirements to arbitrate and instead agree to resolve claims in court. If you do not timely send such notice of opting out of arbitration, then you agree to be bound by this Dispute Resolution Section's arbitration requirements. If you opt out, the opt-out applies only to this Dispute Resolution Section's arbitration requirements and does not affect any other provision of these Terms (including the class-action waiver and jury-trial waiver, which remain in effect to the fullest extent permitted by law). If you opt out and a dispute is already pending at the time of your opt-out, your opt-out will apply to that pending dispute to the extent permitted by applicable law.

Governing Law

These Terms (including this Dispute Resolution Section) are governed in all respects by the laws of the State of California, without regard to conflict-of-laws rules, except where the law of your state or country of residence mandatorily applies.

17. General

17.1 Changes to These Terms

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through the Companion App, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. For changes that materially reduce your rights or materially increase your obligations, we will provide at least fifteen (15) days' advance notice by email or through the Companion App. Material changes will become effective on the stated date. Changes addressing new features, legal requirements, or security may take effect immediately.

17.2 Export and Sanctions

You may not use or export the Device, Firmware, or Services in violation of U.S. export control and sanctions laws.

17.3 Assignment

You may transfer your title in the Device by transferring the Device itself (as provided in Section 4.1). You may not otherwise transfer or assign these Terms without our prior written consent. Any attempt to do so without consent is void. We may freely assign or delegate these Terms or our Services, in whole or in part, without your prior consent. Subject to this Section, these Terms are binding upon each party’s assignees and successors.

17.4 Entire Agreement; Severability; Waiver

These Terms, together with the Limited Warranty and any subscription terms presented at signup, are the entire agreement between you and Pamir AI regarding the subject matter hereof, including the Device, Firmware, Companion App, and Services. If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.

17.5 Contact

You agree that communications and transactions between us may be conducted electronically. You can also contact us at:

PamirAI Incorporated
558 Brewster Ave
Suite 100
Redwood City, CA, 94063

support@pamir.ai

California residents: complaints may be directed to our support email or by mail to the address above. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or (800) 952-5210.

17.6 Interpretation

The section titles in these Terms are for convenience only and have no legal or contractual effect.

18. Additional Terms Applicable to Mobile Device Apps

Our Services may include the ability to download, install, and use our mobile application (an “App”). This Section applies to all Apps included in the Services.

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-sublicensable and non-transferable license to download, install, and use the App for your personal, non-commercial use on one or more devices owned or otherwise controlled by you (each, a “Mobile Device”) strictly in accordance with the App’s documentation and these Terms. You may not distribute or make the App available over a network where it could be used by third parties. You may not transfer, redistribute or sublicense the App and, if you sell your Mobile Device to a third party, you must remove the App from the Mobile Device before doing so. You may not copy, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the App).

You agree that we may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the App. We may use this information to improve and innovate our products and services and to provide them to you and others.

We may from time to time in our sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either: (a) the App will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You must promptly download and install all Updates. The App may not properly operate if you fail to do so. All Updates are part of the App and are subject to these Terms.

The App and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights are reserved under the copyright laws of the United States.

The App may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You must not, directly or indirectly, export, re-export, or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You must comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), before exporting, re-exporting, releasing, or otherwise making the App available outside the US.

iOS Terms

The following terms apply to any App that you download, install, access or use on any device that contains the iOS mobile operating system (the “iOS App”) developed by Apple Inc. (“Apple”).

Acknowledgment. You acknowledge that these Terms are concluded solely between us, and not with Apple, and that Pamir AI, not Apple, is solely responsible for the iOS App and the content thereof. In the event of any conflict between these Terms and the Apple Media Services Terms and Conditions as of the date you downloaded the iOS App, the Apple Media Services Terms and Conditions govern. You acknowledge and agree that you have had the opportunity to review the Apple Media Services Terms and Conditions, which can be found at https://www.apple.com/legal/internet-services/itunes/ww/.

Scope of License. The license granted to you for the iOS App is limited to a non-transferable license to use the iOS App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth and defined in the Apple Media Services Terms and Conditions, except that the iOS App may be accessed and used by other accounts associated with the purchaser via Apple's family sharing functionality or volume purchasing.

Maintenance and Support. You and Pamir AI acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App.

Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the iOS App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the iOS App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of Pamir AI. However, you understand and agree that in accordance with these Terms, Pamir AI has disclaimed all warranties of any kind with respect to the iOS App, and therefore, there are no warranties applicable to the iOS App.

Product Claims. You and Pamir AI acknowledge that as between Apple and Pamir AI, Pamir AI, not Apple, is responsible for addressing any claims relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to (a) product liability claims, (b) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection, privacy, or similar legislation, including in connection with the iOS App’s use of the HealthKit and HomeKit frameworks (if any).

Intellectual Property Rights. The parties acknowledge that, in the event of any third-party claim that the iOS App or your possession and use of the iOS App infringe that third party’s intellectual property rights, Pamir AI, and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required under these Terms.

Legal Compliance. You represent and warrant that (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

Developer Name and Address. Any questions, complaints or claims with respect to the iOS App should be directed to support@pamir.ai.

Third-Party Terms of Agreement. You agree to comply with any applicable third-party terms when using our Services.

Third-Party Beneficiary. The parties acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, 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 as a third-party beneficiary thereof.