Terms of Use
Effective date: December 15, 2025
Last updated: December 16, 2025
Welcome to Pai. Please read on to learn the rules and restrictions that govern your participation in our research and data collection opportunities related to our services (“Opportunities”). If you have any questions, comments, or concerns regarding these terms or the Opportunities, please contact us at:
Email: team@pai.company
Address: 2261 Market Street STE 95729, San Francisco, CA 94114
These Terms of Use (the “Terms”) are a binding contract between you (“you” or “Participant”) and PERSONAL ARTIFICIAL INTELLIGENCE COMPANY (“Pai,” “we” and “us”). Your participation in the Opportunities in any way means that you agree to all of these Terms, and these Terms will remain in effect while you participate in the Opportunities and/or have an active Participator Account (defined below). These Terms include the provisions in this document as well as those in the Privacy Policy and any other relevant policies. Your use of or participation in certain Opportunities may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Opportunities, you agree to also comply with these Additional Terms.
Please read these Terms carefully. They cover important information about Opportunities provided to you and any compensation you may receive. These Terms include information about future changes to these Terms, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR OPPORTUNITIES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE, PARTICIPATE IN, OR ACCESS THE OPPORTUNITIES IN ANY MANNER.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Will these Terms ever change?
We are constantly trying to improve and update our Opportunities, so these Terms may need to change along with our Opportunities. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at pai.company, send you an email, and/or notify you by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to participate in the Opportunities. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
What about my privacy?
Pai takes the privacy of its users very seriously. For the current Pai Privacy Policy, please click here.
Children’s Online Privacy Protection Act
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information from children under 16 years of age; if you are a child under 16 years of age, please do not attempt to register for or otherwise participate in the Opportunities or send us any personal information. If we learn we have collected personal information from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided us personal information, please contact us at team@pai.company.
What are the basics of using Pai?
You may be required to sign up for an account (“Participant Account”), select a password and user name (“Pai User ID”), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Pai User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You represent that you have provided us with accurate, complete, and updated contact information about yourself. You may not transfer your account to anyone else without our prior written permission. You cannot register under more than one profile without our permission.
As part of the Opportunities, you may be asked to participate in surveys with Pai, including, but not limited to, recorded, filmed, and written interviews and submit comments, feedback, testimonials, responses, or suggestions related to prompts from Pai (collectively, “Your Feedback”). For clarity, anything you upload, share, store, or otherwise provide through the Opportunities, including Your Feedback, is your “Input”. You hereby grant Pai an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to use Input in any manner and for any lawful purpose, with no obligation to provide you with attribution or compensation for such Input. If your Input includes any recordings or images of you or others, Pai also may and is hereby authorized to (and to allow others to) use, reproduce, disseminate, alter and otherwise exploit the foregoing and the subject matter thereof, including derivatives or extensions or imitations thereof in any manner Pai sees fit.
Additionally, you may be able to participate in, access certain parts of or connect to the Opportunities by using your account credentials from other services (each, a “Third Party Account”), such as, but limited to, those offered by Google. By participating in the Opportunities through a Third Party Account, you permit us to access certain information from such account for use by the Opportunities, including but not limited to, your emails (“Participant Information”). You hereby grant Pai a perpetual, irrevocable, worldwide royalty free, nonexclusive, sublicensable right and license to fully make, use, reproduce, distribute, modify, commercialize or otherwise exploit and exercise all such technology and intellectual property rights in such Participant Information. You represent and warrant that you have all rights necessary to allow Pai to access, review, and collect such Participant Information. You acknowledge and agree that you will not (i) participate in, access certain parts of, or connect to the Opportunities using a Third Party Account controlled by a third party organization, such as your employer or (ii) permit Pai to access Participant Information that is subject to confidentiality obligations. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account.
Some Opportunities or components thereof may be powered by artificial intelligence technologies (“AI Technologies”). When you provide Inputs to such AI Technologies, you may receive outputs based on your Inputs (“Outputs”), including audio and text. As between you and Pai, and to the extent permitted by applicable law, Pai shall own the Outputs from the use of the Services.
You acknowledge and agree that Pai may freely use, retain and make available Aggregated De-Identified Data (as defined below) for Pai’s business purposes (including without limitation, for purposes of improving, testing, operating, promoting and marketing BeHeard’s products and services). “Aggregated De-Identified Data” means data submitted to, collected by, or generated by Pai in connection with your participation in the Opportunities, including Inputs, but only in aggregate, de-identified form which can in no way be linked specifically to you.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to participate in the Opportunities and have gotten your parent or guardian to agree to these Terms on your behalf).
You will only participate in the Opportunities for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your participation in the Opportunities is prohibited by applicable laws, then you aren’t authorized to participate in the Opportunities. We can’t and won’t be responsible for your using the Opportunities in a way that breaks the law.
You will not share your Pai User ID, Participant Account or password with anyone, and you must protect the security of your Pai User ID, Participant Account, password and any other access tools or credentials. You’re responsible for any activity associated with your Pai User ID and Participant Account.
You are responsible for all Participant Information and Inputs that you contribute, in any manner, to the Opportunities, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.
The Opportunities may contain links or connections to third-party websites or services that are not owned or controlled by Pai. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Pai is not responsible for such risks.
If there is a dispute between participants on this site and any third party, you agree that Pai is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Pai, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Opportunities. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
What about messaging?
As part of the Opportunities, you may receive communications through the Opportunities, including messages that Pai sends you (for example, via email or SMS). When signing up for the Opportunities, you will receive a welcome message and instructions on how to stop receiving messages. By signing up for the Opportunities and providing us with your wireless number, you confirm that you want Pai to send you information that we think may be of interest to you, which may include Pai using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from Pai, and you represent and warrant that each person you register for the Opportunities or for whom you provide a wireless phone number has consented to receive communications from Pai. You agree to indemnify and hold Pai harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.
Are there restrictions in how I can participate in the Opportunities?
You represent, warrant, and agree that you will not provide or contribute anything, including Your Feedback and Participant Information (as that term is defined below), to the Opportunities, or otherwise use or interact with the Opportunities, in a manner that:
infringes or violates the intellectual property rights or any other rights of anyone else (including Pai);
violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by Pai;
is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
jeopardizes the security of your Pai User ID, Participant Account or anyone else’s (such as allowing someone else to log in to the Services as you);
attempts, in any manner, to obtain the password, account, or other security information from any other user;
violates the security of any computer network, or cracks any passwords or security encryption codes;
runs Maillist, Listserv, any form of auto-responder or “spam” on the Opportunities, or any processes that run or are activated while you are not logged into the Opportunities, or that otherwise interfere with the proper working of the Opportunities (including by placing an unreasonable load on the Opportunities’ infrastructure);
“crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Opportunities or Input (through use of manual or automated means);
copies or stores any significant portion of the Input; or
decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Opportunities.
A violation of any of the foregoing is grounds for termination of your right to use or access the Opportunities.
Will Pai ever change the Opportunities?
We’re always trying to improve our Opportunities, so they may change over time. We may suspend or discontinue any part of the Opportunities, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Opportunities. We’ll try to give you notice when we make a material change to the Opportunities that would adversely affect you, but this isn’t always practical.
Do the Opportunities cost anything?
The Opportunities may be free or we may charge a fee for participating in the Opportunities. If you are using a free version of the Opportunities, we will notify you before any Opportunities you are then using begin carrying a fee, and if you wish to continue using such Opportunities, you must pay all applicable fees for such Opportunities. Note that if you elect to receive text messages through the Opportunities, data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the Opportunities.
Paid Opportunities. Certain of our Opportunities may offer compensation for your participation, now or in the future (the “Paid Opportunities”). Please see our Paid Opportunities page for a description of the current Paid Opportunities. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms.
We use a third-party payment processor (the “Payment Processor”) to compensate you for any Paid Opportunities through a payment account linked to your account on the Opportunities (your “Billing Account”) for use of the Paid Opportunities. You promise to provide us full, complete, and accurate information The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for any error by, or other acts or omissions of, the Payment Processor. By choosing to use Paid Opportunities, we agree to pay you, through the Payment Processor, all compensation then in effect for any use of such Paid Opportunities in accordance with the applicable payment terms. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment. You are solely responsible for satisfying all taxes, and other legal requirements, including those applicable to compensation you may receive for Paid Opportunities. In accordance with U.S. tax law, you may be required to provide us updated address and social security details. We may notify the IRS about the compensation you receive from us.
You will provide us with all applicable tax ID, tax forms, documents, or certifications as may be required by applicable law for us to satisfy any tax information reporting and/or withholding tax obligations with respect to any payments hereunder. Where applicable, we shall be entitled to deduct and withhold from any consideration payable such amounts as are required to be deducted or withheld therefrom under any provision of U.S. Federal, state, local or foreign tax law, or under any other applicable law (collectively, “Withholding Taxes”). Where applicable, you agree that you will be solely responsible for compliance with all applicable tax regulations. Where applicable, you (a) agree that we will prepare and issue VAT invoices under self-billing arrangement, (b) acknowledge and accept the validity of such self-billed invoices, and (c) agree that you will be responsible for timely remittance to applicable tax authorities of any tax amounts on such self-billed invoices that were paid to you by us. You acknowledge that we are subject to U.S. economic restrictions and trade sanctions. As such, we reserve the right to deny payment of monthly fees when required by applicable law.
In the event that any remittance made by us to you is subject to any Withholding Taxes, the full amount of any such Withholding Taxes shall be solely for your account. We may deduct the full amount of such withholding tax from the gross amount owed to you, and will pay the full amount withheld over to the competent tax authorities.
Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN ADDRESS), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR BILLING ACCOUNT INFORMATION CHANGES OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT PARTICIPANT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY BE UNABLE TO COMPENSATE YOU.
What if I want to stop using the Opportunities?
You’re free to do that at any time by contacting us at team@pai.company; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Opportunities.
Pai is also free to terminate (or suspend access to) your use of the Opportunities or your account for any reason in our discretion, including your breach of these Terms. Pai has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
If you have deleted your account by mistake, contact us immediately at team@pai.company – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.
Can I refer other users?
From time to time Pai may offer rewards or incentives for referring others to the Opportunities. For details of any current referral offers, please see our referral page. The referring user (“Referrer”) may refer individuals or entities who are neither current Participants of Pai nor registered users of the Opportunities (“Referee”). A registered user is a person or entity that already has an existing account with Pai. There is no limit to the number of referrals that Referrer can make, nor the cumulative rewards or incentives that the Referrer may receive through such special offer, unless otherwise indicated. Referrer will receive the stated reward or incentive for each Referee sent by the Referrer that completes the required action described in that specific offer (such as signing up for an account or making a purchase). All Referees must be first-time recipients of the offer, and multiple referrals to the same individual or entity will be disregarded. Pai reserves the right to modify or terminate any special offers at any time and to revoke from Referrer and Referee the special offer at Pai's discretion for any reason or for no reason whatsoever. If Pai determines that Referrer or Referee is attempting to obtain unfair advantage or otherwise violate the terms or spirit of such special offer, Pai reserves the right to (a) revoke any rewards or incentives issued to either Referrer or Referee and/or (b) charge the Referrer or Referee for any rewards or incentives (1) used by Referrer or Referee prior to such revocation or (2) issued by Pai to any ineligible Referrer or Referee. All special offers are subject to any other terms, conditions and restrictions set forth on the Opportunities or presented in connection with the special offer.
What else do I need to know?
Warranty Disclaimer. Pai and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Pai and all such parties together, the “Pai Parties”) make no representations or warranties concerning the Opportunities, including without limitation regarding any compensation associated with the Opportunities, and the Pai Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Opportunities or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Opportunities. The Pai Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Opportunities. THE OPPORTUNITIES ARE PROVIDED BY PAI (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE OPPORTUNITIES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE PAI PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, OPPORTUNITIES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO PAI IN CONNECTION WITH THE OPPORTUNITIES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. You agree to indemnify and hold the Pai Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Opportunities (including any actions taken by a third party using your account), (b) your violation of these Terms, and (c) inaccurate or out of date Billing Account information. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Opportunities account, in any way (by operation of law or otherwise) without Pai's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to the conflicts of laws provisions thereof.
Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Pai and limits the manner in which you can seek relief from Pai. Both you and Pai acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Pai's officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in San Francisco County, California. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. Pai will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Pai will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
(c) Small Claims Court; Infringement. Either you or Pai may assert claims, if they qualify, in small claims court in San Francisco County, California or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
(d) Waiver of Jury Trial. YOU AND PAI WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Pai are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Pai over whether to vacate or enforce an arbitration award, YOU AND PAI WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Pai is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.
(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 2261 Market Street STE 95729, San Francisco, CA 94114 postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.
(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Pai to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Pai agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, San Francisco County, California, or the federal district in which that county falls.
(h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Pai.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Opportunities, provided that the Pai may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Pai agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Pai, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Pai, and you do not have any authority of any kind to bind Pai in any respect whatsoever.
Except as expressly set forth in the section above regarding the arbitration agreement, you and Pai agree there are no third-party beneficiaries intended under these Terms.