Butler Terms of Service

Effective date: July 1, 2024

Introduction

Welcome to Volition, Inc. ("Company", "we", "us" or "our"), an AI-powered product company that saves people time, helps them become happier and more intentional, and enables them to create, share, discover, and recall information.

These Terms of Service (these "Terms"), along with our Refund Policy, being an integral part of these Terms (the "Refund Policy"), apply to all users and others ("Users" or "you") who install, register with, access, or use ("Use" or "Using") our application Butler ("Butler", "application", or "app") and its website.

These Terms are a binding contract between you and us. You are accepting and agreeing to these Terms on your behalf or on behalf of the person or entity that you represent. If you are Using Butler on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person's or entity's behalf and that such person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 15 – DISPUTE RESOLUTION; BINDING ARBITRATION, DO NOT USE BUTLER. YOUR CONTINUED USE OF BUTLER WILL CONFIRM YOUR ACCEPTANCE OF THESE TERMS.

If you have any questions about these Terms or Butler, please contact us at help@butlerapp.com (for additional contact information, please see Section 21 of these Terms).

Description of Services
Eligibility
User Accounts and Account Security
Privacy
User Content
Prohibited Conduct and Content
Limited License; Copyright and Trademark
Purchases and Subscriptions
Copyright Infringement
Feedback
Indemnification
Disclaimers
Limitation of Liability
Release
Dispute Resolution; Binding Arbitration
Governing Law and Venue
Changes to These Terms
Electronic Communications
Termination
Export and Economic Sanctions Control
How to Contact Us
Miscellaneous

1. Description of Services

TL;DR: Butler uses AI and human assistants to help complete tasks, with data protected by our Privacy Policy. It can't handle in-person, complex professional, or illegal tasks. Although Butler aims to be accurate, critical results should be independently verified.

Butler is software that leverages artificial intelligence and human assistants to help you complete various tasks. The application allows you to submit tasks, which the AI agents and, if necessary, human assistants will work to complete. Any data you submit to Butler is governed by our Privacy Policy.

Please note that while Butler aims to assist with a wide range of tasks, there are specific boundaries to our services. Butler cannot perform in-person tasks, complex tasks requiring specialized professional services (e.g., legal advice, tax preparation), or any tasks involving sensitive, illegal, or unethical activities. If a task requires professional expertise, we will assist in connecting you with qualified professionals.

Butler can execute transactions on your behalf up to a limit of $2,500. For transactions exceeding this amount, we will assist with the preliminary steps, but you will need to complete the final transaction. We reserve the right to decline international transactions at our discretion but will work with you to find the best solution. International tasks and transactions are subject to certain restrictions, and we may decline transactions involving foreign currencies or international financial institutions.

Please note that while Butler aims to provide accurate and helpful recommendations to complete tasks, the results generated by AI agents that leverage third-party communication service providers, such as OpenAI and human assistants may not always be accurate, complete, or suitable for your specific needs. Users are encouraged to independently verify any critical information or recommendations provided by Butler.

We may change, expand, and improve the application from time to time and without prior notice to you. At any time, we may also cease to operate part or all of the application or selectively disable certain features of the application. Your use of the application does not entitle you to its continued provision or availability. Any modification or elimination of Butler or any particular features will be done at our sole discretion.

2. Eligibility

TL;DR: Butler is not intended for or directed at children. Generally, you should be at least 18 years old to use Butler.

Butler is not intended for or directed at children under 18, and we do not knowingly collect or solicit any information from anyone under 18 or knowingly allow such persons to Use the Butler website. If you are under 18, do not Use or provide any information in Butler or through any of its features, or provide any information about yourself to us, including your name, address, telephone number, or email address.

If you are a parent or guardian and believe we have collected information from your child under the age of 18, please contact us (for contact information, please see Section 21 – How to Contact Us).

3. User Accounts and Account Security

TL;DR: You are responsible for signing up and maintaining the security of your login information.

Certain Butler features or functionalities may require registering an account with us ("Account"). By creating an Account, you agree to provide accurate, current, and complete information for your Account; maintain and promptly update, as necessary, your Account information; maintain the security of your Account login information; be responsible for all activity that occurs via your account even if that activity is not by you or is without your knowledge or consent; and immediately notify us if you discover or otherwise suspect any security breaches related to your Account.

You are entirely responsible for maintaining the confidentiality, security, and control of your Account login information and all activities in your Account. We are not liable for any loss or damage arising from your failure to comply with the above requirements.

You may sign in and register your Account using a valid account from Apple, Google, or Facebook (each such account, a "Third-Party Account"). By using a Third-Party Account to register your Account, you are allowing Butler to access your Third-Party Account as permitted under the applicable terms and conditions that govern your and/or our use of such Third-Party Account.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.

4. Privacy

Please refer to our Privacy Policy for information about how we process and share information about you when you Use Butler. You acknowledge and agree that your Use of Butler is subject to our Privacy Policy.

For tasks involving sensitive information, such as medical appointments or financial transactions, Butler employs strict protocols to ensure your security. Due to privacy and security measures, certain sensitive tasks may require user verification at critical junctures. We are committed to maintaining confidentiality and security in these instances.

5. User Content

TL;DR: When you submit tasks to Butler, your task data belongs to you; we claim no ownership over such content. You permit us and our service partners to use that content for our AI and human assistants to complete your tasks.

Butler may allow you to submit, edit, create, store, and share task data ("User Content"). We do not claim ownership over your User Content.

We want you to enjoy the functionality of Butler seamlessly; therefore, we require a permit (called a license and referenced as a "Company License" explained further) to use your User Content submitted to the application. We would like to highlight that the Company license is limited to both the purpose of our usage of your User Content and the parties we might share this User Content with. Sharing your User Content would typically be limited to our service providers and/or affiliates, ensuring that the application is functioning as intended and you receive the intended service. We do not sell or share any of your User Content with irrelevant third parties and do not receive any proceeds from its usage except to ensure the appropriate functionality and further development of the application.

Therefore, solely to operate or improve Butler, you grant us a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, transferable, sub-licensable license to use, reproduce, modify, distribute, create derivative works of your User Content without any additional compensation to you and always subject to your additional explicit consent for such use where required by applicable law and as stated in our Privacy Policy. The Company License is for the limited purpose of operating Butler (or, if otherwise implied by the Using of Butler and its services) unless you have provided us your additional explicit consent for a different purpose where applicable law requires. You acknowledge and agree that our use of your User Content will not injure you or any person you authorized to act on your behalf.

TL;DR: You must own the content you submit to Butler. If you submit a task that includes information about someone else, you may do so only with their consent; otherwise, you may be liable.

You represent and warrant that:

Ownership: You own the User Content submitted by you on or through Butler or otherwise have the right to grant the rights and licenses outlined in these Terms.
Royalties and Fees: You agree to pay for all royalties, fees, and any other monies owed because of the User Content you intend to submit on or through Butler and warrant to us that you clear any usage of third-party User Content with the respective rightsholder.
Third-Party Consent: If the User Content includes information about third parties, you have received all the necessary consents from them to submit their information to Butler.
Legal Capacity: You have the legal right and capacity to enter into these Terms in your jurisdiction.
Communication Service Providers: By submitting content to Butler, you acknowledge and agree that we may share this content with third-party Communication Service Providers, such as OpenAI, to facilitate the processing and completion of tasks. You consent to the sharing of your content with these providers under their respective terms of service and privacy policies.
License Grant: By submitting content to Butler, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, distribute, and display such content for the purpose of operating, promoting, and improving our services.

We encourage you to observe these rules and not harm others by using their content without consent. You must not upload, edit, create, store, or share any User Content that violates these Terms or to which you do not have all the rights necessary to grant us the Company License described above. If you submit someone else's content to Butler and we receive claims, you will indemnify Butler for such claims (it means we will ask you to compensate us financially). Furthermore, you agree to indemnify, defend, and hold Butler harmless for any unauthorized use of third-party User Content you might commit (intentionally or unintentionally) by Section 11– Indemnification of these Terms.

We will not be liable to you for any modification, suspension, or discontinuation of Butler or the loss of any User Content if this loss occurs outside our control (e.g., due to a security breach). However, we hereby commit to informing you of such a security incident under our Privacy Policy (and its Section 8 "Data Security").

6. Prohibited Conduct and Content

TL;DR: The list below describes the prohibited conduct that leads to a breach of this agreement between you and us. Butler is made for your productivity, and we want everyone to respect each other and not ruin the user experience by misusing it.

You must not violate any applicable contract, intellectual property law, any other applicable law, or other third-party rights (including the Company's rights) or commit a tort, and you are solely responsible for your conduct while Using Butler.

Butler is committed to fostering a respectful and positive community for all users and service providers. We reserve the right to remove any individual from our platform if their conduct does not meet these standards. This includes but is not limited to, engaging in disrespectful, harassing, or harmful behavior, particularly toward human assistants.

You represent, warrant, and agree that you will not Use Butler by submitting the User Content or otherwise (all of the following conduct includes any attempts to perform any of the following):

To engage in any harmful, fraudulent, deceptive, harassing, threatening, intimidating, predatory, defamatory, obscene, stalking, or otherwise objectionable conduct.
In any manner that could interfere with, disrupt, negatively affect, or inhibit other Users from fully enjoying Butler or that could damage, disable, overburden, or impair the functioning of Butler in any manner.
To decipher, decompile, disassemble, or reverse engineer any aspect of Butler (such as the source code or non-literal aspects (such as the underlying structure, sequence, organization, file formats, non-public APIs, ideas, or algorithms), do anything that might discover the source code, bypass or circumvent measures employed to prevent or limit your access to any part of Butler.
To circumvent any content-filtering techniques we employ or to access any feature or area of Butler that you are not authorized to access.
To develop or use any third-party applications that interact with Butler without our prior written consent, including scripts designed to scrape or extract data from Butler.
To display, mirror, or frame Butler, or any individual element within Butler, the Company's name, any Company trademark, logo, or other proprietary information without our express written consent.
To use any meta tags or other hidden text or metadata utilizing the Company's trademark, logo URL, product, or service name without our express written consent.
To gain unauthorized access to, interfere with, damage, or disrupt any server, computer, or database connected to Butler.
To copy, modify, host, stream, sublicense, or resell Butler or otherwise Use Butler for any commercial purposes (this excludes selling your User Content).
For any illegal or unauthorized purpose, engage in, encourage, or promote any activity violating these Terms.
To violate any applicable law or regulation.
To encourage, assist, or enable any other party to do the foregoing.

7. Limited License; Copyright and Trademark

TL;DR: Everything you see on Butler (apart from your User Content) is owned or licensed by Butler. We allow you to enjoy Butler's functionality to the fullest; however, if you want to use any Butler elements outside Butler, you must ask for our consent first. This includes, for example, using our trademarks or logo.

EVERYTHING YOU READ BELOW IS NOT ABOUT YOUR USER CONTENT.

Butler and the text, graphics, images, photographs, videos, audio, illustrations, trademarks, trade names, page headers, button and application icons, scripts, service marks, logos, slogans, filters, tools, user-generated tools, and other content contained in Butler, excluding your User Content (collectively, "Butler Content") (and intellectual property rights in or to the preceding items) are owned by us or licensed to us and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, we and our licensors, as applicable, reserve all rights, title, and interests (including without limitation all intellectual rights) in and to Butler and Butler Content.

Your use of the Butler Content shall always be subject to these Terms and, if applicable, additional terms and conditions that we may communicate to you from time to time, such as terms and conditions from our licensors (such additional terms, "Supplemental Terms"). Such Supplemental Terms are hereby incorporated into these Terms by reference. To the extent of any conflict or inconsistency between these Terms and Supplemental Terms the latter shall govern.

You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to Use Butler and the Butler Content for your own personal use ("User License"); however, such User License is subject to these Terms and (if applicable) the Supplemental Terms and does not include any right to:

Sell, resell, or commercially use Butler or the Butler Content.
Copy, reproduce, distribute, publicly perform, or publicly display the Butler Content, except as expressly permitted by us or our licensors.
Modify the Butler Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of Butler or the Butler Content, except as expressly outlined in these Terms and the Supplemental Terms.
Use any data mining, robots, or similar data gathering or extraction methods.
Use Butler or the Butler Content other than as expressly provided in these Terms and the Supplemental Terms.

Any Use of Butler or the Butler Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the User License granted under these Terms and (if applicable) the Supplemental Terms. You will not remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Butler Content.

8. Purchases and Subscriptions

TL;DR: You may subscribe to Butler monthly or annually. If you have any questions about your subscription, contact us at help@butlerapp.com.

Subscription Plans: Butler offers both monthly and annual subscription plans. You can choose the plan that best suits your needs when signing up. The monthly plan provides flexibility with a recurring monthly charge, while the annual plan offers a discounted rate for a one-time annual payment.
Billing and Renewal: Subscriptions are billed at the beginning of each billing cycle (monthly or annually, depending on your selection). Your subscription will automatically renew at the end of each billing period unless you cancel it before the renewal date. You can manage your subscription settings and billing information through your account dashboard.
Cancellations: You may cancel your subscription at any time through your account dashboard. If you cancel your monthly subscription, the cancellation will take effect at the end of the current billing period. You will not be charged for the subsequent billing period. However, you will not receive a refund for the current billing period. For annual subscriptions, the cancellation will take effect at the end of the current annual billing period, with no refunds for the remaining period. To avoid being charged for your next monthly or annual billing period, please cancel your subscription at least 24 hours before your next billing date. If you have any questions or need assistance with cancellations, please contact us at help@butlerapp.com.
Usage Limits: Each subscription plan includes a specified number of task completion credits. If you exceed the usage limits of your plan, additional credits can be purchased separately.
Returns and Refunds: If you are not satisfied with Butler, please contact us at help@butlerapp.com. Refund requests must be made within 30 days of starting your subscription. We will evaluate each refund request on a case-by-case basis.
Taxes: Applicable tax rates are based on the rates at the time of your charge and may change according to local tax requirements. Any changes in tax rates will be applied automatically based on your account information.
Non-Refundable Conditions: Notwithstanding anything to the contrary herein and subject to mandatory legislation, refunds are not required except as expressly stated in our refund policy. You will not receive money or other compensation for unused subscription time or task credits, whether your subscription was canceled voluntarily or involuntarily.

9. Copyright Infringement

TL;DR: If Butler displays any content that infringes someone's copyright, please let us know. Below are all the details on how to notify us.

It is our policy to respect the legitimate rights of copyright owners, and we will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that any text, graphics, photos, audio, music, videos, or other materials or works, including any User Content, uploaded, downloaded, or appearing on Butler have been copied in a way that constitutes copyright infringement, you may request removal of that User Content (or access to it) from Butler by submitting a written notification to our copyright agent designated below.

In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), such written notice ("DMCA Notice") must include substantially the following:

Your physical or electronic signature as the copyright owner or as a person authorized to act on behalf of the owner of an exclusive right that has allegedly been infringed.
Identification of the copyrighted work claimed to have been infringed or, if the claim involves multiple works (User Content) presented on Butler, a representative list of such works.
Identification of the User Content 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 that User Content on Butler (including the provision of links thereto).
Information reasonably sufficient to permit us to contact you, such as your name and email address, postal address, and telephone number.
A statement that you have a good faith belief that use of the work in the manner complained of is not authorized by you as the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our designated Copyright Agent to receive the DMCA Notices is:

Copyright Agent: Olga Stadie
Address: 2261 Market Street #4795, San Francisco, CA 94114
E-Mail Address: help@butlerapp.com

If you fail to comply with any of the above requirements to the DMCA Notice, your DMCA Notice may not be effective and, therefore, will be disregarded and not enforced by us. This does not preclude you from sending a follow-up DMCA notice on the same.

Please be aware that if you knowingly materially misrepresent that any material, including User Content, or activity within Butler is infringing your copyright or the copyright of a person that you know, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

10. Feedback

TL;DR: We will happily receive your feedback about Butler. Please note that your feedback is not confidential, and we can use it (for example, to display on our website or to post on our social media account).

We welcome any feedback, questions, comments, suggestions, ideas, original or creative materials, or other information you submit about us or Butler (collectively, "Feedback"). You can submit Feedback by using the "Contact Us" button in Butler settings, by contacting us at help@butlerapp.com, or otherwise (for additional contact details, please see Section 21 of these Terms "How to Contact Us"), or social media posts. Your Feedback is non-confidential and will become our sole property once submitted. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to your Feedback. We will be entitled to the unrestricted use and dissemination of your Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You also have the right to amend and supplement your Feedback to us, which we will take into account to provide accurate information to other users about Butler's user experience. If we decide to make your Feedback public, we will not use your personal data unless you explicitly consent to it.

11. Indemnification

TL;DR: If you breach the rules and we receive a claim(s) for it, we may ask you to compensate us financially.

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless us and each of our respective officers, directors, agents, partners, and employees (individually and collectively, "Company Parties") from and against any loss, liability, claim, demand, damages, expenses, or costs ("Claims") arising out of or related to (i) your Use of Butler; (ii) your User Content or Feedback; (iii) your violation of these Terms; (iv) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); and (v) your conduct in connection with Butler. You agree to promptly notify the Company Parties of any third-party Claims, cooperate with the Company Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the Company Parties will have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not instead of, any other indemnities outlined in a written agreement between you and us or the other Company Parties.

12. Disclaimers

TL;DR: Sometimes, things may not work out as planned. We don't claim or guarantee that Butler will always work perfectly. Sometimes, our recommendations and task completion won't be accurate, so for important information, check the results.

We do not control, endorse, or take responsibility for any User Content (and its loss) or third-party content linked to Butler. You acknowledge sole responsibility for and assume all risk from using any third-party websites or resources.

Your Use of Butler is at your sole risk. Butler is provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, we do not represent or warrant that Butler is accurate, complete, reliable, current, or error-free, and free of viruses or other harmful components. You assume the entire risk as to the quality and performance of Butler within your Use.

Additionally, you acknowledge that the recommendations and task completions provided by Butler, including those generated by AI agents from third-party Communication Service Providers, such as OpenAI, and human assistants may not always be accurate or suitable for your specific needs. Therefore, it is essential that you verify any critical information or recommendations independently before relying on them. The Company does not assume any liability for errors or inaccuracies in the recommendations provided by these service providers or human assistants. By agreeing to the Terms and/or purchasing a subscription, you agree to the above disclaimer and waive any claims against us due to recommendations or tasks completed by Butler, its Communication Service Providers, or human assistants.

13. Limitation of Liability

TL;DR: Our liability is limited to the amount you paid or $10 US dollars if for any reason you did not pay for a subscription.

The Company, as well as the Company's representatives or affiliates (the "Company Parties"), will not be liable to you under any theory of liability — whether based on contract, tort, negligence, strict liability, warranty, or otherwise — for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, even if you have been advised of the possibility of such damages.

In addition, you acknowledge that the recommendations and task completions provided by Butler, including those generated by AI agents from third-party Communication Service Providers, such as OpenAI, and human assistants may not always be accurate, complete, or suitable for your specific needs. Users should independently verify any critical information or recommendations before relying on them. The Company does not assume any liability for errors or inaccuracies in the recommendations provided by these service providers or human assistants.

The total liability of the Company and the other Company Parties for any claim arising out of or relating to these Terms or Butler, regardless of the form of the action, is limited to the amount paid, if any, by you to Use Butler. In no event will the Company's total liability arising out of or in connection with these Terms or from the Use of or inability to Use Butler exceed the amounts you have paid to Use Butler or ten ($10) U.S. dollars if you have not had any payment obligations to the Company, as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between the Company and you.

The limitations outlined in this Section will not limit or exclude liability for fraud or intentional misconduct of the Company or the other Company Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

14. Release

To the fullest extent permitted by applicable law, you release the Company and the other Company Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between the Users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims that you may know or suspect to exist in your favor at the time of agreeing to this release.

15. Dispute Resolution; Binding Arbitration

Please read the following Section carefully because it requires you to arbitrate certain disputes and claims with the Company and limits how you can seek relief from us.

Except for small claims disputes in which you or the Company seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or the Company seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and the Company waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or Butler resolved in court. Instead, all disputes arising out of or relating to these Terms or Butler will be resolved through confidential binding arbitration held in San Francisco County, California by the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

ANY ARBITRATION UNDER THESE TERMS BY EITHER YOU OR US WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST US.

You and the Company agree that these Terms affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. ("FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms, and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual. You and the Company agree that for any arbitration you initiate, you will pay the filing fee, and the Company will pay the remaining JAMS fees and costs. For any arbitration initiated by the Company, the Company will pay all JAMS fees and costs. You and the Company agree that the state or federal courts of the State of California and the United States sitting in San Francisco County, California, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR BUTLER MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND THE COMPANY WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section by notifying the Company in writing. The notification must be sent to:

Volition, Inc.
2261 Market Street #4795
San Francisco, CA 94114
Re: Arbitration Opt-out
help@butlerapp.com

To be effective, the opt-out notice must include your full name and indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you agree to resolve Disputes per this Section.

16. Governing Law and Venue

TL;DR: This agreement is governed by the laws of the State of California.

These Terms and your Use of Butler will be governed by, construed, and enforced in accordance with the laws of the State of California, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the user's country. This paragraph doesn't override those laws.

Any dispute between you and the Company that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in San Francisco County, California.

17. Changes to These Terms

We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms and update the "Effective date" above. In case we make substantial changes to the Terms, including the changes that might affect your rights, we will always notify you via in-app consent, email, or any other means of communication we may deem fit. If you do not agree to the amended terms, you must stop Using Butler. Your continued Use of Butler after we provide the notice will imply your acceptance of those changes.

18. Electronic Communications

By Using Butler, you also agree to receive electronic communications from us, including via email, Butler app push notifications, and by posting notices on Butler. The communications between you and us may take place via electronic means, whether you Use Butler or send us emails, or whether we post notices on Butler or communicate with you via email. These communications may include notices about Butler and the Purchased Content and are part of your relationship with us. For contractual purposes, you: (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights. Communications from us may include but are not limited to: operational communications concerning your Account or the Use of Butler (e.g., technical and security notices), updates to the Privacy Policy and Terms, and updates concerning new and existing features (e.g., changes/updates to features of Butler).

You may opt-out of receiving promotional emails from us at any time through any of the following methods by following the opt-out links in any promotional email sent to you or by contacting us at any time at help@butlerapp.com or using other contact details in "How to Contact Us" Section of these Terms.

19. Termination

We reserve the right, without notice and in our sole discretion, to terminate your right to Use Butler. We are not responsible for any loss or harm related to your inability to Use Butler. Upon any termination, discontinuation, or cancellation of Butler, all provisions of these Terms, which by their nature should survive, will survive, including without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

20. Compliance with Laws

Users must comply with all applicable local, state, national, and international laws and regulations when using Butler. This includes compliance with data protection laws, privacy laws, and any other relevant legal requirements. Users are responsible for ensuring that their use of Butler does not violate any applicable laws.

Butler's services are subject to U.S. export control laws and regulations, including the Export Administration Regulations (EAR) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control (OFAC), and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State. Users represent and warrant that they are not located in any country or region subject to a U.S. government embargo, and are not on the U.S. government's list of prohibited or restricted parties. Users agree to comply with all U.S. and foreign export laws and regulations to ensure that neither Butler nor any technical data related thereto is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by such laws and regulations.

21. How to Contact Us

If you have any questions, complaints, or claims with respect to these Terms or Butler, please contact us via email at help@butlerapp.com.

22. Miscellaneous

These Terms constitute the entire agreement between you and us relating to Butler and your Use of Butler, and these Terms supersede and replace any and all prior oral or written understandings or agreements between the Company and you relating to Butler and your Use of Butler.

The language of these Terms is the English language only.

You hereby irrevocably waive any law applicable to you requiring that these Terms be localized to meet your language (as well as any other localization requirements) or requiring a delivery or retention of non-electronic records.

The failure of us to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The waiver of such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.

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.

If any provision of these Terms is held invalid and unenforceable (either by an arbitrator appointed pursuant to the terms of the Dispute Resolution; Binding Arbitration Section above or by a court of competent jurisdiction), that provision will be enforceable to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. The Section titles in these Terms are for convenience only and have no legal or contractual effect.

Except as otherwise provided herein, these Terms are intended solely for the benefit of you and the Company and are not intended to confer third-party beneficiary rights upon any other person or entity.

You may not assign or transfer your rights under these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer your rights under these Terms, without such consent, will be null and of no effect. We may freely assign or transfer our rights and obligations under 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.