Terms of use

 Last Revised: November 12, 2025

These Terms of Service (“Terms”) set forth the terms that apply to and govern your access to and use of our website(s), application(s) (“App(s)”), tools, software, subscriptions, features, content, API(s), widgets, and/or other products and services (collectively,  the “Services”) provided Understood for All, Inc. (a not-for-profit, charitable organization) and its affiliated organizations (“Understood,” “we,” “us” or “our”) . We may provide different or additional terms for certain offerings, programs, activities, including in connection with participation in research or testing and the use of certain Understood Apps or Services.  In such case those terms will supplement or replace these Terms to the extent provided in such terms or in the event of any conflict with these Terms. By accessing or using any of our Services, including without limitation by downloading, installing or using any associated Software (defined below), you signify your agreement to these Terms. If you do not agree to these Terms, do not use our Services.

If you have any questions about these Terms or our Services, please contact us at info@understood.org. For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.

ARBITRATION: BY AGREEING TO THESE TERMS, YOU AGREE THAT DISPUTES WITH UNDERSTOOD WILL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 18, WHERE YOU EXERCISE YOUR RIGHT TO OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 18, OR TO THE EXTENT PROHIBITED BY LAW.

NOTICE RE: USE OF UNDERSTOOD ASSISTANT: The Understood Assistant is an AI-powered educational tool that enables users to ask questions about learning and thinking differences like ADHD and dyslexia. When using the Understood Assistant, it is important to note that:

• The Understood Assistant utilizes generative AI technology, which is still evolving and may sometimes generate inaccurate, incomplete, or unhelpful responses. Therefore, you should verify any information before acting on it. 

• The Understood Assistant does not provide or replace professional advice, diagnosis, or treatment and should not be used for urgent or life-threatening situations.

• Understood is not responsible or liable for your use of, inability to use, or the results generated by, the Understood Assistant.

IF YOU BELIEVE YOU OR YOUR CHILD MAY BE IN DANGER OR MAY ENDANGER OTHERS, PLEASE CONTACT YOUR HEALTHCARE PROVIDER, CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM. DO NOT DELAY SEEKING MEDICAL OR PROFESSIONAL ADVICE BECAUSE OF INFORMATION PROVIDED ON OR THROUGH OUR SERVICES.

NO PROFESSIONAL ADVICE: THE UNDERSTOOD ASSISTANT AND THE OTHER RESOURCES AND INFORMATION PROVIDED ON OR THROUGH THE SERVICES ARE INTENDED FOR INFORMATIONAL, EDUCATIONAL OR RESEARCH PURPOSES ONLY AND DO NOT  PROVIDE, AND ARE NOT A SUBSTITUTE FOR, MEDICAL, PSYCHOLOGICAL, OR PROFESSIONAL ADVICE, DIAGNOSIS, CRISIS SUPPORT, COUNSELING, OR TREATMENT.  NOR ARE THEY INTENDED TO FACILITATE OR SUPPORT SELF-DIAGNOSIS. AS A RESULT, IT IS IMPORTANT THAT YOU DO NOT USE THE SERVICES FOR URGENT OR LIFE-THREATENING SITUATIONS AND THAT YOU VERIFY ANY INFORMATION YOU OBTAIN BEFORE ACTING ON IT AND SEEK PROFESSIONAL ADVICE, TREATMENT, OR COUNSELING WHEN NEEDED. THE VIEWS AND OPINIONS EXPRESSED THROUGH THE SERVICES DO NOT NECESSARILY REFLECT THOSE OF UNDERSTOOD.

UNDERSTOOD AND ITS LICENSORS OR AGENTS ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY DECISIONS, ACTION, OR INACTION TAKEN IN RELIANCE UPON OR AS A RESULT OF THE CONTENT AND RESOURCES PROVIDED ON OR THROUGH THE SERVICES, INCLUDING OUR WEBSITE, DIGITAL PROPERTIES,  MOBILE APPS, OR THE UNDERSTOOD ASSISTANT. 

Notice: Certain features of our Services, such as the Understood Assistant, may involve the use of text-to-speech (“TTS”) tools. Please note that the voice you are hearing when using these TTS tools is AI-generated and not a human voice.

To use our Services (defined below), you:

• Must be at least 18 years of age to use our Services.  By registering or otherwise accessing or using the Services, you represent and warrant that you are 18 years of age or older.  

• May need to register with us to access and use some of our Services.

• Must not initiate or participate in any activities on our Services that are illegal, harmful, or interfere with anyone’s use of our services, including the sending of e-mail or instant messaging spam.

• Must comply with these Terms and any applicable policies as referenced herein, posted in our Services, or of which we otherwise notify you.

2.1. Our Site may allow you and other users to create, post, store and share content, including messages, text, photos, images, sounds, graphics, and other materials in all forms or mediums  (collectively, “User Content”).  We are not responsible for any User Content posted by other users.

2.2. If you post User Content on our Services, you are solely responsible for such User Content, and you:

• May only post User Content that you create or have been given permission to post by the owner, is legal, noninfringing, and doesn’t violate these Terms or the rights of any third party.   

• Understand that although we have no obligation to screen, edit or monitor User Content, we may do so at  our option and may refuse to post or remove User Content at any time and for any reason, or for no reason, without notice. 

• Grant us a nonexclusive, royalty-free, worldwide, and sublicensable license to reproduce, distribute, publicly perform, publicly  display, modify, adapt, publish, create derivative works of,  and otherwise use your User Content in and in connection with the Services, subject to and in accordance with these Terms.

• You represent and warrant that you have the right to post and provide the User Content to us in connection with your use of the Services and that such User Content, and our use thereof as permitted by these Terms, will not infringe upon or violate any rights of, or cause injury to, any third party.

DO NOT PUBLICLY SHARE ANY PERSONAL HEALTH INFORMATION, FINANCIAL INFORMATION, OR ANY OTHER SENSITIVE DATA. 

3.1. In order to access some features of the Services, you may have to register or create an account. You may not use another’s account without permission. When creating your account, you must provide accurate and complete information. Registration or subscription to the Services and payment of any applicable fee, authorizes a single individual to use the Services unless otherwise expressly stated. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Understood immediately of any breach of security or unauthorized use of your account. Although Understood will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Understood or others due to such unauthorized use. It is a condition of your use of the Services that all the information you provide will be correct, current, and complete; If we believe the information you provide is not correct, current, or complete, we have the right to refuse you access to the Services or any of its resources, and to terminate or suspend your access at any time, without notice.

Understood may work with third parties to create customized versions of its AI-Assistant, which are embedded on third-party websites, and which are trained on content from such third parties (the “Third-Party Assistants”). Such Third-Party Assistants are made available to you by the third-party site on which they are embedded, and not by Understood, and are governed by the terms and policies of such third parties. Understood operates such Third-Party Assistants solely on behalf of such third parties, and YOU ACKNOWLEDGE THAT UNDERSTOOD IS NOT RESPONSIBLE OR LIABLE FOR, AND DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES REGARDING, THE USE OF, INABILITY TO USE, OR THE RESULTS GENERATED BY, SUCH THIRD-PARTY ASSISTANTS.

5.  OWNERSHIP; LIMITED LICENSE

5.1. The Services, including all  including all websites, apps, software, text, graphics, images, photographs, videos, software, apps,  sounds, music, information, prompts, responses, and other content or materials included or contained therein or generated thereby (the “Service Materials”), are owned by Understood or our licensors and are protected under both United States and foreign laws. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services and the Service Materials, solely for your own lawful, personal, and noncommercial use. In the event of any software made available as part of  the Service Materials, this license is subject to the terms and conditions of any end user license terms provided with the software. You shall not download any portion of the Service or Service Materials, unless you see a “download” or similar link displayed by Understood on the Services explicitly permitting the download of such Service Materials, or reproduce, distribute, transmit, broadcast, display, sell, license, modify, edit, create derivative works of, or otherwise use or exploit any Service Materials for any other purposes without the prior written consent of Understood or the respective licensors of the content. Understood and its licensors reserve all rights not expressly granted in and to the Services and the Service Materials. Any download or use of the Service Materials, as permitted under these Terms, shall retain any copyright and proprietary rights notices which were contained in the content.  We reserve the right to terminate or suspend this license at any time immediately upon written notice, with or without cause.

5.2.  All rights not expressly granted herein are reserved to Understood and its licensors. If you violate any of these Terms, including any use of the Services or the Service Materials other than as specifically authorized herein or with our written permission, your license to use the Services and the Service Materials automatically terminates and you must immediately cease all use of the Service and the Service Materials and destroy any copies of the Service Materials you have made.  

5.3. You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.

6.1.  You may not:

• restrict or inhibit any other user from using and enjoying the Services;

• post or transmit any User Content or otherwise use the Services in a manner that infringes or violates any third party rights or is unlawful, fraudulent, libelous, scandalous, discriminatory, defamatory, obscene, pornographic, vulgar, sexually-explicit, profane, threatening, abusive, hateful, offensive, false, misleading, derogatory, hateful, inflammatory, or tortious, or  that attacks someone’s gender, race, color, sexual orientation, national origin, religious views, or disability, 

• post or transmit any political statements aimed at influencing legislation or supporting or opposing candidates for public office, engage in lobbying activities;

• resell or otherwise exploit for commercial purposes, directly or indirectly, any portion of the Services, or access to them;

• use data mining, robots or other similar data gathering and extraction tools; 

• access (or attempt to access) the Services or any content therein through any automated means (including use of any script or web crawler, page-scrape, spider, robot, index, Internet agent or other automatic device, program, algorithm or technology which does the same things) including without limitation, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website;

• make any derivative works based, in whole or in part, on any portion or all of the Services;

• use i-frames, webpage frames, or any similar framing, to enclose, capture or distribute any part of the Services;

• mirror or cache or store any pages or portions of the Service;

• co-brand any portion of the Services;

• otherwise imply any relationship with or endorsement of your brands or services;

• use a false email address, impersonate any person or entity, forge e-mail headers or otherwise disguise the origin of any communication or mislead as to the source of the information you provide to the Services;

• use the Services in any manner that could damage, disable, overburden, or impair our servers or interfere with any other party’s use and enjoyment of the Services;

• attempt to gain unauthorized access to any services or information to which you have not been granted access through password mining or any other process; or

• post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Services for commercial purposes (other than as expressly permitted by the Services and by the provider of such information, software or other material).

6.2. You shall not, and shall not attempt to (and shall not authorize or allow any third party to or attempt to): (a) reverse engineer, reverse compile, decompile, disassemble, or translate, exploit, or otherwise derive the source code of the Services or otherwise modify, the Services, or create any derivative works thereof; or (b) use the Services on behalf of any third party or for any purpose other than as described in these Terms; (c) sell, resell, lease, license, sublicense, distribute, reproduce, copy, duplicate, or otherwise transfer or exploit the Service or use it as a service bureau; (d)  (d) interfere with or disrupt the integrity or performance of the Service or attempt to gain unauthorized access to the Services or related systems or networks; (e) remove, alter or obscure any titles, product logo or brand name, trademarks, copyright notices, proprietary notices or other indications of the intellectual property rights and/or our rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to the Services, or documentation, or on any copies made in accordance with these Terms; or (f) use, or authorize or permit the use of, the Services except as expressly permitted herein. You agree not to use the Services to violate any local, state, national or international law or to impersonate any person or entity, or otherwise misrepresent your identity or your affiliation with a person or entity. 

We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to our publicly available website(s), subject to the terms hereof, provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter, and does not damage our reputation or take advantage of it, and provided you do not i-frame them or alter the content therein or in any way imply a relationship therewith. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. You may not use any logo, trademark, or tradename that may be displayed on this site or other proprietary graphic image in the link without our prior written consent.

UNDERSTOOD, UNDERSTOOD FOR ALL, and our logos, our product or service names, our slogans and the look and feel of our website and other Services are trademarks of Understood and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise, or to individuals, does not constitute or imply any endorsement, affiliation, sponsorship or recommendation.

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Understood or our Services (collectively, “Feedback”). You understand and agree that we have no obligation to treat Feedback as confidential and that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback in Understood’s sole discretion. 

10.1  We may occasionally provide you with access to features or services designated as a pilot, beta, trial, preview, or the like that are still under development and have not been fully tested or vetted (“Beta Services”), so that we may obtain Feedback on such features or services. The Beta Services are part of the Services. YOU ACKNOWLEDGE THAT THE BETA SERVICES MAY NOT HAVE BEEN FULLY TESTED, MAY NOT BE READY FOR GENERAL COMMERCIAL RELEASE, AND MAY CONTAIN BUGS, ERRORS AND DEFECTS.  ACCORDINGLY, THE BETA SERVICES ARE PROVIDED ON AN "AS IS," “AS AVAILABLE” BASIS, WITH ALL FAULTS, DEFECTS AND ERRORS, AND UNDERSTOOD WILL HAVE NO LIABILITY OF ANY KIND FOR ANY ERROR, OMISSION OR DEFECT IN THE BETA SERVICES, ANY INABILITY TO USE THE BETA SERVICES, OR ANY OR ANY HARM OR DAMAGE ARISING FROM YOUR OR ANY THIRD-PARTY USE OF THE BETA SERVICES. 

10.2. IT IS IMPORTANT THAT YOU EXERCISE CAUTION WHEN USING BETA SERVICES AND DO NOT USE THE SERVICES FOR URGENT OR LIFE-THREATENING SITUATIONS OR WITHOUT VERIFYING ANY INFORMATION OR RESULTS OBTAINED FROM OR THROUGH THE BETA SERVICES.

11.1. YOUR USE OF THE SERVICES AND THE SERVICE MATERIALS IS AT YOUR SOLE RISK. THE SERVICES AND THE SERVICE MATERIALS (INCLUDING ANY INFORMATION PROVIDED OR ACCESSED THROUGH THE SERVICES) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, UNDERSTAND  DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR THE SERVICE MATERIALS ARE ACCURATE, COMPLETE, RELEVANT, RELIABLE, OR CURRENT OR THAT THE USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE. IN ADDITION, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR SERVICES AND SERVICE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

11.2 We shall not be liable for any circumstances arising out of causes beyond our reasonable control or without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures, or other force majeure. 

12.1. To the fullest extent permitted by applicable law:

• IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES, OR FOR LOSS OF PROFITS OR DAMAGES, ARISING IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICES OR SERVICE MATERIALS, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE.  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.

• IN NO EVENT WILL OUR AGGREGATE LIABILITY  TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS, THE SERVICES, OR THE SERVICE MATERIALS, EXCEED THE TOTAL FEES PAID TO US BY YOU, IF ANY, DURING THE SIX-MONTH PERIOD PRECEDING THE DATE OF ANY CLAIM (OR $10 IF NO FEES WERE PAID DURING SUCH PERIOD). YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SERVICES TO YOU AND WE WOULD NOT PROVIDE THE SERVICES TO YOU WITHOUT THIS LIMITATION. 

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US AND OUR AFFILIATED COMPANIES, AND EACH OF OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES, CLAIMS, JUDGMENTS, COSTS, EXPENSES AND LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES, INCURRED BY US OR SUCH PARTIES AND/OR ARISING OUT OF OR RESULTING FROM (1) ANY ACTUAL OR ALLEGED VIOLATION BY YOU OF THESE TERMS (INCLUDING ANY REPRESENTATION OR WARRANTY HEREIN); (2) ANY ACTIVITY RELATED TO YOUR ACCOUNT BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE WITH YOUR PASSWORD; (3) YOUR USE OF AND ACCESS TO THE SERVICES AND THE SERVICE MATERIALS; (4) YOUR ACTUAL OR ALLEGED INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF ANY THIRD PARTY RIGHTS, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PUBLICITY, OR PRIVACY RIGHT; (5) YOUR ACTUAL OR ALLEGED VIOLATION OF ANY LAW, RULE OR REGULATION; AND/OR (6) YOUR USER CONTENT, FEEDBACK, OR DATA, INCLUDING IF IT CAUSES ANY DAMAGE TO A THIRD PARTY. YOUR DEFENSE, INDEMNIFICATION AND HOLD HARMLESS OBLIGATIONS IN THESE TERMS WILL SURVIVE THESE TERMS AND YOUR USE OF THE SERVICES.  

Understood may change these Terms from time to time. You will be notified of any such changes via e-mail (if you have provided a valid email address) and/or by our posting notice of the changes on the Services (which may consist of publishing the changes on our website). Any such changes will become effective posted on the Services unless otherwise indicated in the notice. If you object to any such changes, your sole recourse will be to terminate your use of the Services and the Service Materials. Continued use of the Services or Service Materials following such notice of any such changes will constitute your acknowledgement of, and agreement to bey bound by, such changes.  

We reserve the right to modify, suspend, or discontinue the Services and Service Materials, or your right to access the Services and the Service Materials, at any time with or without notice to you, including without limitation by adding or subtracting features and functionality and third-party content. In the event of such modification or discontinuation of the Services, your sole remedy shall be to cease using the Services. We are not responsible for any loss or harm related to your inability to access or use our Site.

16.1. We and/or our vendors and suppliers, as applicable, retain all right, title and interest in and to the Services and the Service Materials, including without limitation any data input by or on behalf of us or our third party providers, and any data to the extent processed by, or resulting as an output of, the Services, and all Services usage data, statistical data or aggregated data collected or reported with respect to the any part or all of the Services, including without limitation any aggregated and anonymized data extracted or derived from the Service, including all aggregated and anonymized usage data, statistical data, transactional data, metadata, market data and other aggregated and anonymized data collected from user data and files. We own the rights to any metadata we collect from or about your use of the Services. Without limiting the generality of the foregoing, we reserve the right to create and market public indexes, analysis or insights created from such data. 

17.1.  We may provide or make available, or may provide links to or information about, third-party content (including the User Content of other users) on or through the Services and you may otherwise be exposed to third-party content from a variety of sources (collectively, “Third-Party Content”). You further understand and acknowledge that you may be exposed to Third-Party Content that is offensive, indecent, or objectionable to you.  Third-Party Content is made available as a service to those interested in such content. Understood does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, including without limitation regarding its accuracy, usefulness, effectiveness, acceptableness, completeness, safety, or noninfringement.  You acknowledge and agree that Understood is not responsible or liable for, and undertakes no responsibility to update, review, or remove, any Third-Party Content, including for any harm caused by such Third-Party Content.  Your access to and use of such Third-Party Content is at your own risk. YOU SHOULD VERIFY ANY THIRD-PARTY CONTENT BEFORE ACTING ON IT OR USING IT AND SEEK PROFESSIONAL ADVICE, TREATMENT, OR COUNSELING WHEN NEEDED.

17.2. Understood may also provide information about or links to third-party products or services on or through the Services, and the Services may integrate and/or interact with third party services, such as via APIs or browser extensions(for example, the Services may leverage APIs from third parties, and/or rely on third party browser extensions) (collectively, “Third Party Products and Services”). Understood has no affiliation, sponsorship, or association with, and does not control, endorse, or make any representations or warranties regarding, any Third-Party Products and Services . Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such Third-Party Products and Services are solely between you and such third party.  Understood is not responsible or liable in any manner for any Third-Party Products and Services, for any loss or damage of any sort incurred as the result of any products, services, dealings or promotions.

17.3  Understood makes no claim, representation or warranty of any kind, type or nature concerning any third party terms of service for any such Third Party Products or Services (collectively, “Third Party Terms”). It shall be each User’s sole responsibility to analyze and interpret any applicable Third Party Terms and comply therewith. Each User is solely responsible for their interpretation of Third Party Terms and their actions relevant to compliance thereof. By using the Services, you hereby release Understood and waive any and all claims or claim rights that you may have against Understood, and release and indemnify Understood against any claims that any third party may have against you, including with respect to your use of any Third Party Products and Services, including if accessed or used via our Services, and with respect to Third Party Terms, applicable privacy policies or any other rules or regulations of such third parties. 

17.4. Without limiting the generality of the foregoing, we may elect, in our discretion, to utilize social logins, allowing you to login to the Services via other third party authentication services, such as (without limitation) your Facebook, Twitter, LinkedIn, Google, or other account credentials. You understand that these are Third Party Products and Services, and this in no way creates any endorsement of, by or from us to them or vice versa, that we are not responsible for their logins, systems or data, and that by using such third party logins, you may be subject to their respective privacy policies and other terms of use.   

17.5. Certain third parties may be third party beneficiaries to this contract.  For example, without limitation, Apple Inc., Google, Inc., or Microsoft Corporation may be a third-party beneficiary to this contract if you access the Services using applications developed for Apple iOS, Android, or Microsoft Windows-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. However, your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service. 

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Understood and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial. 

No Representative Actions. You and Understood agree that any dispute arising out of or related to these Terms or our Site is personal to you and Understood and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

Arbitration of Disputes. Except for small claims disputes in which you or Understood seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Understood seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and Understood waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Site, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. Instead, for any Dispute that you have against Understood you agree to first contact Understood and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Understood by email at [insert email]. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Understood cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the Dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in [county, state] unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence. For purposes of this Section 18, a “consumer” means a person using the Site for personal, family or household purposes.  You and Understood agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason. 

You and Understood agree that these Terms affect interstate commerce and that the enforceability of this Section 18 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS 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, including the power to determine the question of arbitrability. The arbitrator may conduct only 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. 

The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute.  The arbitrator, Understood, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.  

You and Understood agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and Understood will pay the remaining JAMS fees and costs. For any arbitration initiated by Understood, Understood will pay all JAMS fees and costs. You and Understood agree that the state or federal courts of the State of [state] and the United States sitting in [county, state] have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. 

Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and Understood 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 18 by emailing us at hello@tryUnderstood.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 19.

If any portion of this Section 18 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 18 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 18; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 18 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 18 will be enforceable,

Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of New York, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of  New York and the United States, respectively, sitting in New York county, New York.

You shall comply with all laws, rules and regulations now or hereafter promulgated by any government authority or agency that are applicable to your use of the Services, or the transactions contemplated in these Terms. You may not assign your rights or obligations hereunder, and any attempt by you to sublicense, assign or transfer any of the rights, duties or obligations hereunder or to exceed the scope of these Terms is void. In the event that Understood is sold to a third party, such a sale will not be deemed a transfer of personal information so long as that third party agrees to assume Understood’s obligations as to these Terms of Services and any associated Privacy Policy. These Terms, the Services, and the rights and obligations of the parties with respect to the Services will be subject to and construed in accordance with the laws of the State of New York, excluding conflict of law principles. By accessing or using any Services you agree that the statutes and laws of the State of New York, without regard to conflicts of law principles thereof, will apply to all matters arising from or relating to the use thereof. You also agree and hereby submit to the exclusive legal jurisdiction and venues of the Courts of New York, New York with respect to such matters. This is the entire agreement between you and Understood with regard to the matters described herein and govern your use of the Services, superseding any prior agreements between you and Understood with respect thereto. The failure of Understood to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions hereof shall remain in full force and effect.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of these Terms or related to use of the Services must be filed within three (3) months after such claim or cause of action arose or be forever barred.  

With respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. In addition, the following terms apply to any App Store Sourced Application:

(a)  You acknowledge and agree that (i) the Agreement is concluded between you and Understood only, and not Apple, and (ii) Understood, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.

(b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

(c) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Understood and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Understood.

(d) You and Understood acknowledge that, as between Understood and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

(e) You and Understood acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Understood and Apple, Understood, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.

(f) You and Understood acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.

(g) Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.