Oxford University Press End User License Agreement

Last Updated: February 26, 2025

Authorised Users agree to be bound by the terms of this Agreement. In the event an Authorised User is not the Licensee, then the Licensee agrees to be bound by the terms of this Agreement as if it were the Authorised User.

1. DEFINITIONS
In this Agreement, the following expressions shall have the following meanings.

"Service Provider" Atypical AI Corp.
"Access Period" The period for which the Licensee has been granted a licence to access or use the Works, as applicable.
Research and development Our Legitimate Interests (in analyzing and improving our educational services and our business).
"Authorised User(s)"
  1. Where the Licensee is an individual, the Licensee;
  2. where the Licensee is an individual’s parent or legal guardian, the individual; and/or
  3. where the Licensee is a school or institution, an individual who is authorised by the Licensee to use the Works available through the Secure Network, and who is affiliated with the Licensee as a current student, teacher, technician or employee.
"Charges" The charges agreed between the Licensor and the Licensee.
"Commercial Use" Use for the purposes of monetary reward (whether by or for the Licensee, an Authorised User, or any other person or entity) by means of sale, resale, loan, transfer, hire, or other form of exploitation of the Works.
"Licensee" The (i) individual or that individual’s parent or legal guardian (as required by applicable law) and/or (ii) school or institution (as applicable) that has been granted a licence for use of the Works.
"Licensor Trademarks" The designations OXFORD, and OXFORD UNIVERSITY PRESS.
"Material" Any material including text and images contained in the Works and accessed online.
"Secure Network" A network (whether a standalone network or a virtual network within the Internet) which, by virtue of logins, passwords and other security measures as may be appropriate, is only accessible to Authorised Users. A cache server or any server or network which can be accessed unauthorised users is not a Secure Network.
"Site" The sites determined by the Licensor for access to the Works by Authorised Users.
"Software and Teaching & Learning Materials" Comprises of the following categories of materials. All software and resources provided by the Licensor, including but not limited to: (i) all device and web applications, software files and other computer information (including artificial intelligence functionality); (ii) photographs, images, sounds, videos, clip art and other artistic works bundled with the Licensor’s software; (iii) related explanatory written materials and files; (iv) fonts; and (v) teaching plans, lesson plans, ebooks, PowerPoint files, reading passages, exercises, quizzes, assessments, question banks, model solutions, sample answers, experiments, virtual tours, simulation, and animation. Any modified versions and copies of, and upgrades, updates and additions to, such information, provided to the Authorised User by the Licensor at any time.
"User Generated Content" As defined in Clause 5.1 below.
"User Prompts" As defined in Clause 5.1 below.
"Works" The works licensed from the Licensor to the Licensee including, where applicable, all apps, software, web applications, and resources provided by the Licensor to the Licensee, and Software and Teaching & Learning Materials.

2. USAGE RIGHTS AND LIMITATIONS ON USE

2.1.  Authorised Users are eligible to use the Software and Teaching & Learning Materials if they are (i) 18 years or older and capable of agreeing to be bound by this Agreement or (b) at least 13 and younger than 18 years of age and the Licensor has received consent to the use of the Software and Teaching & Learning Materials from a parent, legal guardian, or educational institution.

2.2  In relation to the Works and Software and Teaching & Learning Materials, the Licensor hereby grants Authorised Users a non-exclusive non-transferable licence for the Access Period in respect of each Site for the purposes of private study to access such Works by means of the Secure Network.

2.3  If Authorised Users are offered access to, or use of, the Works on a trial basis, separate and/or additional terms and conditions may apply to such trial access or use. Any such trial terms and conditions shall be clearly indicated to Authorised Users if applicable.

2.4  For the avoidance of doubt Authorised Users may not (and may not allow any third party to):
       2.4.1  remove or alter the Licensor's or Service Provider's copyright notices or other means of identification or disclaimers as they appear in the Works;

       2.4.2  systematically make multiple printed or electronic copies of portions of the Works for any purpose;

       2.4.3  reverse compile, download, copy, modify, adapt, distribute, transmit, assign, transfer, publish, reproduce, retain, damage, change, alter or otherwise deal in or encumber the Works or any part(s) thereof or therein or any associated contents, materials or documentation (in whatever format and medium) thereof during the continuance of the Access Period and after the termination of this Agreement;

       2.4.4  use any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Works or any data, content, information or services accessed via the same and/or use the Works in combination with any artificial intelligence tool not already integrated within the Works (including to prompt, train, fine-tune, ground, develop or operate any artificial intelligence tool);
       
        2.4.5  display or distribute any part of the Works on any electronic network, including without limitation, the Internet and the World Wide Web, other than the Secure Network;
       
       2.4.6  permit anyone other than an Authorised User to access or use the Works; and

       2.4.7  use all or any part of the Works (a) for any Commercial Use or (b) to create a product or service competing with the Works.

2.5  Authorised Users will notify the Licensor immediately if they become aware of any unauthorised use of the Works.

2.6  Authorised Users will notify the Licensor promptly (i) of the facts and circumstances surrounding any unauthorised access, possession, or use of the Works, or the Licensor's intellectual property, or any portion thereof; and (ii) on becoming aware of any claim by any third party that the Works infringe an intellectual property or proprietary right of any third party.
‍2.7  The Licensor reserves the right to withdraw from the Works content that it no longer retains the right to provide or that it has reasonable grounds to believe is unlawful, harmful, false, or infringing.
‍2.8  The Licensor reserves the right to suspend access to the Works in the event of any unauthorised use of the Works.

3. INTELLECTUAL PROPERTY RIGHTS

3.1.  Authorised Users acknowledge that, as between the Licensor and Authorised Users, all copyrights, patent rights, Licensor Trademarks, services marks, database rights, trade secrets and other intellectual property rights relating to the Works, are the sole and exclusive property of the Licensor (and/or its Service Provider, where relevant) and that this Agreement does not convey to Authorised Users any right, title, or interest therein except for the right to use the Works in accordance with this Agreement.

3.2  Authorised Users acknowledge that they may not create any derivative work based on any of the Works (“Derivative Works”) without the prior written permission of the Licensor. If permission is granted to create Derivative Works and to the extent permitted by applicable law, Authorised Users acknowledge and agree that Authorised Users do not own any such Derivative Works. To the extent that Authorised Users acquire any right, title, or interest in or to any such Derivative Works, Authorised Users hereby assign the same to the Licensor and/or the Service Provider, as applicable. For the avoidance of doubt, User Generated Content excludes all Derivative Works.

3.3  Authorised Users may make suggestions to the Licensor to improve or fix a problem related to the Works, on the understanding that such Authorised Users will have no right to any payment or acknowledgement if any such improvement or fix is made by the Licensor as a result of any Authorised User's suggestion or otherwise. Licensor and the Service Provider, as applicable, may freely use any such suggestions.

4. DATA PROTECTION AND PRIVACY

4.1.  The Licensor may process any personal data that Authorised Users supply to the Licensor on registration in accordance with the Licensor’s Privacy Policy (https://corp.oup.com/privacy-policy)..

4.2  If cookies are placed in the memory of Authorised Users’ devices in the course of their use of the Works, then further details will be provided beforehand, in accordance with theLicensor’s Cookie Policy (http://global.oup.com/cookiepolicy) and any content-specific policy as notified to the Authorized User at the point of download.

4.3  Authorised Users agree to the Licensor sharing Authorised Users’ names and email address with the Service Provider, solely to enable the Service Provider to facilitate Authorised Users’ access to and usage of the Works during the Access Period.

4.4  Authorised Users agree that during the Access Period, the Service Provider may gather usage data from Authorised Users in accordance with all applicable relevant data privacy legislation, including input into and output from the generative artificial intelligence elements of the Works, and information on Authorised Users’ interaction with the Works. The Service Provider will then share usage data with the Licensor to enable evaluation of the Works.

4.5  Authorised Users agree that the Licensor will be permitted to retain anonymized usage data after the Access Period ends, but that all personal user information (including records of chats with any generative artificial intelligence assistants) should be irretrievably deleted after 45 days, unless the Authorised User opts- in to data retention in the event of continued usage of the Works. Subject to the foregoing,  the Licensor may freely use such anonymized usage data for any lawful, business purpose.

5. MATERIAL UPLOADED BY AUTHORISED USERS

5.1.  Some Works may allow Authorised Users to submit text material to the Site in the form of resources generated by Authorised Users that are based on the Works (“User Generated Content”). Authorised Users represent and warrant that the Authorised Users’ contribution to such User Generated Content shall:

        5.1.1  be original and the own work of the Authorised Users;
        5.1.2  not infringe the copyright or other property rights of any other person;
        5.1.3  not introduce viruses or Trojans or other harmful elements;
        5.1.4  not contain any scandalous, libellous, obscene, unlawful or otherwise objectionable material (as determined by the Licensor); and
        5.1.5  not exceed the maximum limit applicable in size.

5.2  Authorised Users will be permitted to submit text material to the Site in the case of artificial intelligence functionality in the form of chat interaction or prompts (“User Prompts”). Authorised Users represent and warrant that the Authorised Users’ contribution to such User Prompts shall:
        5.2.1  be original and the own work of the Authorised Users;
        5.2.2  not infringe the copyright or other property rights of any other person;
        5.2.3  not introduce viruses or Trojans or other harmful elements;
        5.2.4  not contain any scandalous, libellous, obscene, unlawful or otherwise objectionable material (as determined by the Licensor); and
        5.2.5  not exceed the maximum limit applicable in size.

5.3  If any copyright literary or artistic material, such as textual extracts, papers, maps, photographs, diagrams, tables or illustrations reproduced from other publications or sources, are included in any User Generated Content or User Prompts, the Authorised User undertakes to obtain permission from the copyright owner to cover the use of such material and to pay the copyright owner any necessary reproduction fees and the Authorised Users shall be responsible for ensuring that appropriate acknowledgement is made in the User Generated Content.

5.4  Authorised Users shall be fully responsible for any User Generated Content and User Prompts submitted as permitted hereunder and the Licensor reserves the right to remove, modify, edit or decline to publish any User Generated Content or User Prompts without notice for any reason.

5.5  The Licensor shall not be liable in any way for any User Generated Content and User Prompts to the full extent permitted by law and Authorised Users shall indemnify the Licensor against any and all losses including legal and other expenses which the Licensor may incur as a result of any breaches of the warranties given in Clause 5.1 and 5.2.

5.6  By submitting User Generated Content and User Prompts to the Site, the Authorised User grants to the Licensor (and the Service Provider to the extent required for it to deliver its services/deliverables to the Licensor) a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and licence to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Generated Content and User Prompts (in whole or part) and/or to incorporate them in other works in any form, media, or technology now known or later developed, including the right to use the User Generated Content for promotional and marketing purposes.

6. REPRESENTATIONS AND WARRANTIES

6.1.  The Licensor provides access to, or allows the use of, the Works on an "as is" basis and the Licensor gives no warranty, express or implied, and makes no representation that: (i) the Works will be suitable for any particular purpose or for any particular use under specified conditions, notwithstanding that such purpose, use, or conditions may be known to the Licensor; or (ii) the Works will operate error free or without interruption.

6.2  To the extent that the Licensor provides access to any artificial intelligence as part of any Work/s, said technology is also provided on an "as is" basis and without any warranty and/or representation as set out in Clause 6.1. Authorised Users acknowledge that the outputs of generative artificial intelligence models may not always be accurate, complete, reliable or current, and should always be verified before being relied upon.

6.3  Authorised Users acknowledge that an Internet connection may be required to access or use the Works. In no circumstances will the Licensor be liable to Authorised Users for any loss resulting from a cause over which the Licensor does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other connectivity problems, unauthorised access, theft, or operator errors.

6.4  In no circumstances will the Licensor be liable to Authorised Users for any consequential, incidental, special or indirect damages or loss of profits including, without limitation, damages for loss of data or corruption of data, loss of programs, loss of business or goodwill, or other damages or losses of any nature arising out of the use of, or inability to use the Works.

6.5  Authorised Users agree that the entire liability of the Licensor to an Authorised User arising out of any kind of legal claim (whether in contract, tort, by statute or otherwise) in any way connected with the use or inability to use the Works shall be the refund of any charges paid in respect of the licence to the Works for the Access Period in which the claim arises.

6.6  Authorised Users shall, in the performance of their obligations under this agreement, comply with all applicable laws, rules and regulations.

7. CHANGES TO THIS AGREEMENT

7.1.  The terms and conditions of this Agreement may be changed by the Licensor in its sole discretion, provided that the Licensor will use reasonable efforts to provide the Licensee with reasonable notice of any change by notifying the Licensee of a change when the Authorised Users next log in to use the Works.

7.2  The continued use of the Works by Authorised Users after receiving notification of the changes described in Clause 7.1 will be deemed as the Licensee’s acceptance of the changes.

8. TERMINATION

8.1.  The Licensor may terminate this Agreement if Authorised Users are in breach of any of the terms, including by infringing the rights of copyright holders.

8.2  The Licensee may terminate this Agreement at any time but shall not be entitled to a refund.

8.3  On termination of this Agreement however caused Authorised Users’ licence to access and use the Works will automatically cease and any User Generated Content and any other data submitted by Authorised Users may be permanently lost.

8.4  Any right that any party may have against the other in respect of any breach, non- performance or repudiation of any of the provisions of this Agreement which shall have accrued up to the date of termination or expiry of this Agreement shall not be affected or prejudiced.

9. GENERAL

9.1.  The Licensor’s Legal Notice forms part of this Agreement, and is available at: https://corp.oup.com/legal-notice/. In case of a conflict, the clauses of this Agreement shall prevail.

9.2  This Agreement constitutes the entire agreement of the parties about its subject matter, supersedes all prior communications, understandings and agreements (whether written or oral) relating to its subject matter and, except as expressly set forth in Clause 7.1, may not be amended or modified except by agreement in writing signed by both parties.

9.3  No provision in this Agreement is intended to be enforceable by any third party.

9.4  The rights of the parties arising under this Agreement shall not be waived except in writing. Any waiver of any of a party's rights under this Agreement or of any breach of this Agreement by the other party shall not be construed as a waiver of any other rights or of any other further breach.

9.5  This Agreement shall be governed by the law of the jurisdiction of the Licensor and are subject to the jurisdiction of the courts of the country of the Licensor.


Atypical AI Terms of Service

Last Updated: June 3, 2024

Please read these Terms of Service (the “Terms”) and our Privacy Policy (“Privacy Policy”) carefully because they govern your use of the web application (the “Web App”) and Generative AI educational services accessible via the Web App offered by Atypical AI Corp (“Atypical”). To make these Terms easier to read, the Web App and our services are collectively called the “Services.”

  1. Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are adopting or purchasing the Services on behalf of an Educational Institutional (such as your employer school) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “you” and “your” will refer to that entity.
  2. Privacy Policy. Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use, and share your information. If you are between the ages of 13 and 18, please review our Privacy Policy for Children.
  3. Changes to these Terms or the Services. We may update the Terms from time to time at our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Web App and/or may also send other communications. It’s important that you review the Terms whenever we update them, or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
  4. Who May Use the Services?

    1. You are eligible to use the Services only if you are (a) 18 years or older and capable of forming a binding contract with Atypical or (b) at least 13 and younger than 18 years of age and Atypical has received such consent to your use of the Service as is required by applicable law from your parent or legal guardian (collectively, “Parent”) or your teacher, school, school district or other educational institution (collectively, “Educational Institution”). Notwithstanding the foregoing, you may not use the Services if you are otherwise barred from using the Services under applicable law.  If we determine in our sole discretion that you do not satisfy the foregoing eligibility criteria or comply with these Terms, we reserve the right to disable your access to the Service.

    2. If you are a teacher or other employee or a student at an Educational Institution that has agreed to purchase or conduct a trial of the Services, you will be considered an “Authorized User” of the Services.
  1. Feedback. We appreciate feedback, comments, ideas, proposals, and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
  2. Your Content and Atypical’s and Third Parties’ Intellectual Property.
    1. Posting Content and Derivative Works. Our Services may allow you to store or share content such as inputs to our generative AI services. Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as “User Content.” Atypical does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content. To the extent permitted by applicable law, you acknowledge and agree that you do not own any derivative works of any Atypical intellectual property or intellectual property of any third-party publisher (“Publisher”) that you access through the Service (“Derivative Works”). To the extent you acquire any right, title, or interest in or to any such derivative works, you hereby assign all rights, title, and interest in and to such derivative works to Atypical or the third-party publisher, as applicable. For clarity, User Content excludes all Derivative Works. To the extent permitted by a Publisher, you hereby have the right to access and use any Derivative Works you generate through the Service and share them with other members of your institution for as long as you have access to the Service or have a subscription with the applicable Publisher.

    2. Permissions to Use Your User Content. By making any User Content available through the Services, you hereby grant to Atypical a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating, improving, and providing the Services, including without limitation sharing User Content with another user who is a student, teacher, school administrator within your institution, or textbook publisher, as applicable where such sharing is permitted by applicable law and consistent with our Privacy Policy.

    3. Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Atypical on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

    4. Atypical and Third-Party Intellectual Property. We may make available through the Services content that is subject to Atypical’s or another third party’s intellectual property rights. We, or the third party, retain all rights to that content.
  3. General Prohibitions and Atypical’s Enforcement Rights. You may not use the Services in a manner that:
    1. Infringes or violates the intellectual property rights, rights of personality, data privacy, or any other legal rights of any person;

    2. Violates applicable law, regulations, or the policies of your organization (as applicable);

    3. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

    4. Violates posted content restrictions for publicly accessible information areas, such as public profiles, bulletin boards, forums, or chat areas;

    5. Is inconsistent with use in your position as an Educational Institution or as a teacher or other employee or contractor at an Educational Institution (as applicable),
    such as using the Services to create or offer commercial products or services;

    6. Jeopardizes the security of your account or anyone else’s account, in each case used to access the Services;

    7. Attempts, in any manner, to obtain any password, account, or other security information from any other user, in each case used to access the Services;

    8. Threatens the security of any computer network or cracks any passwords or security encryption codes;

    9. Runs processes that execute or are activated while you are not logged into the Services or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Service's infrastructure or by introducing viruses or other malware into our systems);

    10. Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services except as expressly permitted by law.

    11. A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

Atypical is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

  1. Copyright Dispute Policy. Atypical respects copyright law and expects its users to do the same. It is Atypical’s policy to, in appropriate circumstances, terminate the access of users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Atypical’s Copyright Dispute Policy for further information.
  2. Third-Party Services. The Services (including the Web App) may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party resources.
  3. Termination. We may suspend or terminate your access to and use of the Services at our sole discretion, at any time, and without notice to you. Upon any termination, discontinuation, or cancellation of the Services, provisions that by their nature should survive termination of these Terms shall survive. By way of example, all of the following will survive termination: any obligation you have to indemnify us, any limitations on our liability, and any terms regarding ownership or intellectual property rights.
  4. Disclaimers.
    1. Warranty Disclaimers. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any information or content on the Services.

    2. Generative AI Disclaimer. Generative AI is a rapidly evolving area. We are constantly working to improve our Services to make them more accurate, reliable, safe, and beneficial to all of our users. You should be aware that use of our Services may in some situations result in incorrect output that does not accurately reflect real people, places or facts. Before using the output, you must evaluate its accuracy and determine whether it is appropriate for your use case. We recommend that a human always review outputs to ensure that they are accurate and appropriate for your needs. Your use of any information or materials on this website or any content generated using generative AI is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information made available through our Services meet your specific requirements. We are not responsible for any decisions or actions taken based on any AI-generated content, and we disclaim any liability for damages or losses resulting from your reliance on the AI-generated content. You understand that when you are using generative AI features of the Service, you are not communicating with a human.
  5. Indemnity. If you are an Educational Institution, then you agree to indemnify and hold Atypical and its officers, directors, employees, and agents harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) any access to or use of the Services by Authorized Users or (b) any violation of these Terms by Authorized Users.
  6. Limitation of Liability.
    1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ATYPICAL NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ATYPICAL OR ITS SERVICE PROVIDERS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

    2. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL ATYPICAL’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO ATYPICAL FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO ATYPICAL, AS APPLICABLE.

    3. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ATYPICAL AND YOU.
  7. Governing Law and Jurisdiction.
    1. Governing Law. These Terms and any disputes or claims arising out of or in connection with its subject matter are governed by and construed in accordance with the law of England.

    2. Jurisdiction. The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms and/or your use of the Services. Notwithstanding the foregoing or Section 14(a), nothing in these Terms shall limit the right of Atypical to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdiction preclude the taking of proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.

    3. Conducting Arbitration and Arbitration Rules. Without prejudice to Sections 14(a) through 14(c), if you are a consumer (i.e., you are not (i) an Educational Institutional or other legal entity or (ii) an individual acting wholly or mainly within your trade, business craft or profession) located in the United Kingdom or the European Union and a dispute arises between you and Atypical, we strongly encourage you to get in touch with us directly first to seek a resolution by contacting support@atypicalai.com. If the dispute cannot be resolved between you and Atypical, then we will consider your reasonable request to resolve the dispute through an alternative dispute resolution process (“ADR”). ADR is a process where an independent body considers the facts of a dispute and seeks to resolve it, without having to go to court. If we agree to using an ADR process, you can submit your complaint to the Centre for Effective Dispute Resolution via its website http://www.cedr.com/ or http://ec.europa.eu/consumers/odr/. You should not submit your complaint until you have received notice from us in writing (and this could be an email) that we have agreed to resolve your complaint via ADR.
  8. General Terms
    1. Reservation of Rights. Atypical and its licensors exclusively own all right, title, and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services.

    2. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Atypical and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Atypical and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Atypical’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null. Atypical may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

    3. Notices. Any notices or other communications provided by Atypical under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

    4. Waiver of Rights. Atypical’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Atypical. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
  9. Contact Information. If you have any questions about these Terms or the Services, please contact Atypical at support@atypicalai.com.