Terms of Service

These Terms of Service (the "Terms") are a binding legal agreement between you and DUPLE.AI LLC, a Delaware limited liability company ("Duple," "we," "us" or "our"). They govern your access to and use of the Duple website at duple.ai, the Duple application at app.duple.ai, and every related product, feature, AI model, credit, communication and service we provide (together, the "Service").

PLEASE READ THESE TERMS CAREFULLY. SECTION 19 CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION AND JURY TRIAL WAIVER THAT REQUIRE MOST DISPUTES TO BE RESOLVED BY INDIVIDUAL ARBITRATION, UNLESS YOU OPT OUT AS DESCRIBED IN SECTION 19.9. SUBSCRIPTIONS RENEW AUTOMATICALLY UNTIL YOU CANCEL (SECTION 8). ALL PURCHASES ARE FINAL AND NON-REFUNDABLE, EXCEPT AS STATED IN OUR REFUND POLICY OR REQUIRED BY LAW.

By creating an account, checking a box or clicking a button that references these Terms, purchasing a plan or credits, or otherwise accessing or using the Service, you confirm that you have read, understood and agree to be bound by these Terms and by the policies they incorporate by reference: our Privacy Policy, Refund Policy, Acceptable Use Policy and Copyright Policy (together with these Terms, the "Agreement"). If you do not agree, do not access or use the Service.

1. Eligibility

You may use the Service only if:

• you are at least 18 years old and have the legal capacity to enter into a binding contract;
• you are not barred from receiving the Service under the laws of the United States or any other applicable jurisdiction, including sanctions and export control laws;
• you have not previously been suspended or removed from the Service; and
• your use of the Service complies with all laws and regulations that apply to you.

The Service is not directed to children. Anyone under 18 may not create an account or use the Service.

Using the Service for an organization. If you accept these Terms or use the Service on behalf of a company, organization or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms, and "you" includes that entity. If you do not have that authority, you personally accept these Terms and are personally responsible for any use of the Service.

2. Your account

You must create an account to use the Service. You agree to provide accurate, current and complete information, and to keep it up to date.

You are responsible for keeping your password confidential and for all activity that occurs under your account, whether or not you authorized it. An account is for one person: do not share your login credentials or let anyone else use your account. Notify us immediately at support@duple.ai if you suspect unauthorized access. We identify accounts by their Account ID, shown in Settings; we are not obligated to treat an email address as proof of identity, and we may require additional verification before acting on any request about an account.

We are not liable for any loss or damage arising from your failure to protect your credentials or from unauthorized use of your account. We may refuse registration, reclaim usernames, or decline to provide the Service to anyone, at our discretion and to the extent permitted by law.

3. The Service

Duple is a subscription software service that gives you a single interface to chat with artificial intelligence ("AI") models developed and operated by third parties — including, at the time of writing, models from OpenAI, Anthropic, Google, xAI and Perplexity — using a balance of credits. Features may include conversations, projects, file and image uploads, memory, image generation, web search models and data import and export.

You are interacting with AI, not a human. Responses in the Service are generated automatically by AI models.

The Service changes. We continuously change the Service. We may add, modify, suspend, replace or discontinue any feature, model, plan, limit or part of the Service at any time, with or without notice, including models and features included in your plan. When a model is retired, we may move your conversations to a successor model. We do not guarantee that any particular model, provider, feature or level of capability will remain available.

Previews and beta features. Features labeled "preview," "beta," "coming soon," or similar (for example, Plugins and Skills) are provided for evaluation only, may never be released, may not work as described, and are excluded from any commitment we make.

Availability. We do not guarantee that the Service will be available, uninterrupted, timely, secure or error-free. The Service may be unavailable because of maintenance, outages of our hosting, database or AI providers, capacity limits imposed by AI providers, spending safeguards, security events or other reasons. We have no service level commitment unless we sign a separate written agreement with you.

4. Third-party models and services

The AI models in the Service are provided by third parties that we do not own or control (each, a "Model Provider"), reached through intermediaries such as OpenRouter. The Service also depends on other third-party services, such as hosting, database, email and payment providers.

• Their policies apply to you. Your use of each model is also subject to the applicable Model Provider's usage policies and terms, which you agree to follow. A Model Provider may refuse, filter, alter or block a request or response.
• We are not responsible for third parties. We do not control and are not responsible for the availability, accuracy, content, security, data practices, pricing or performance of any Model Provider or other third-party service, or for any act or omission of theirs.
• Third-party content. Web search models and other features may retrieve or display content, links or results from third-party websites. We do not endorse and are not responsible for third-party content or websites, and your use of them is at your own risk.

5. AI output and your responsibility

You understand and agree that:

• Output may be wrong. AI output may be inaccurate, incomplete, misleading, outdated, biased, offensive, or entirely made up ("hallucinated"), even when it sounds confident or cites sources. Output from memory, summaries and web search can also be wrong.
• Output is not professional advice. Nothing in the Service is medical, mental health, legal, financial, investment, tax, accounting, engineering, safety or other professional advice, and the Service is not a substitute for a qualified professional. Never use the Service for emergencies. If you may be in danger or facing a medical emergency, contact your local emergency services immediately.
• You must verify. You are solely responsible for evaluating output, verifying its accuracy and suitability (including through human review), and for every decision you make, action you take, and consequence that follows from using it. Do not rely on output as a sole source of truth or as a basis for decisions that could significantly affect you or anyone else.
• Output may not be unique. Similar or identical output may be generated for other users, and output may resemble existing third-party works. We make no representation that output is original, free of third-party rights, or lawful to use for your purposes.
• We do not endorse output. Output does not reflect our views. We are not the author or publisher of output and are not responsible for it.

6. Your content

Your content. "Inputs" are the prompts, messages, instructions, files, images, documents, memories, imported data and other material you submit to the Service. "Outputs" are the responses and other content generated for you by the Service. Inputs and Outputs together are "Your Content."

Ownership. As between you and Duple, you retain any ownership rights you have in your Inputs. Subject to your compliance with the Agreement and to the terms of the applicable Model Provider, Duple assigns to you all of its right, title and interest, if any, in Outputs. We make no claim that Outputs are protectable by copyright or any other right.

License to us. You grant Duple and its service providers a worldwide, non-exclusive, royalty-free, fully paid, sublicensable (to our service providers and Model Providers) license to host, store, cache, copy, transmit, process, analyze, display, reformat, summarize and otherwise use Your Content as necessary to provide, operate, maintain, secure and support the Service (for example, to send your Inputs to the model you choose, to save and search your history, to build and use memories and conversation summaries, and to prevent abuse), and to comply with law. This license lasts for as long as Your Content is stored by the Service, plus any period needed to complete deletion from backups and to meet legal obligations. We do not use Your Content to train AI models.

Your promises about your content. You represent and warrant that: (a) you own or have all rights, licenses, consents and permissions needed to submit your Inputs and to grant the license above; (b) your Inputs and your use of Outputs do not and will not violate any law or any third party's rights, including intellectual property, privacy and publicity rights; and (c) you will not submit any person's sensitive personal information (such as health, financial account, government identification or biometric data) unless you have a lawful basis and all required notices and consents.

Our rights to act. We do not review all content and have no obligation to monitor it. We may, but are not required to, review, refuse, filter, remove or disable access to any content, at any time and without notice, if we believe it violates the Agreement or the law, or creates risk for Duple, our users, Model Providers or others.

Keep your own copies. The Service is not a backup or archive service. You are responsible for keeping copies of anything you want to retain; you can export your data from Settings at any time. Content is deleted as described in our Privacy Policy — for example, temporary chats are deleted about 24 hours after their last activity, unsent uploads after about an hour, and everything in your account when you or we delete it. We are not liable for any loss, corruption or deletion of Your Content.

7. Acceptable use

You must use the Service only in compliance with the Agreement and all applicable laws, and in particular with our Acceptable Use Policy. Among other things, you may not:

• use the Service for anything illegal, harmful, fraudulent, deceptive, abusive or that infringes anyone's rights;
• generate or share child sexual abuse material or any sexual content involving minors;
• circumvent, or attempt to circumvent, credits, payments, rate limits, usage limits, safety measures or access controls;
• share, sell, resell, rent or sublicense access to your account or the Service;
• access the Service through bots, scrapers or other automated means, except through features we provide;
• reverse engineer, decompile, or attempt to extract the source code, models, prompts or underlying components of the Service, except to the extent that this restriction is prohibited by law;
• use the Service or any Output to develop models or services that compete with Duple or with any Model Provider; or
• interfere with or disrupt the Service, or probe, scan or test its security without our prior written permission.

8. Plans, automatic renewal and billing

8.1 Paid plans. Use of the Service requires a paid plan; there is no free plan. Plans, prices, included credits, model access, rollover periods and limits are described in the Service at the time of purchase, and that description forms part of the Agreement.

8.2 Automatic renewal. WHEN YOU PURCHASE A SUBSCRIPTION, IT RENEWS AUTOMATICALLY AT THE END OF EACH BILLING PERIOD (MONTHLY OR ANNUAL, AS YOU CHOSE) FOR ANOTHER PERIOD OF THE SAME LENGTH, AT THE PRICE THEN IN EFFECT, UNTIL YOU CANCEL. By purchasing a subscription, you authorize us and our payment processor to charge your payment method, without further authorization from you, at the start of each billing period for the subscription fee plus any applicable taxes. The price, billing frequency and the fact that the subscription renews are shown to you before you buy.

8.3 How to cancel. You may cancel at any time, online, from the billing management option in Settings → Billing (or the account portal of our payment processor), or by emailing support@duple.ai from the email address on your account with your Account ID. Cancellation takes effect at the end of your current billing period: you keep access to your plan until then, and you will not be charged again. To avoid being charged for the next period, cancel before your renewal date. Cancelling does not entitle you to a refund or credit for the current period. Deleting your account also ends your subscription.

8.4 Reminders. Where required by law, we will send you a reminder before an annual (or other long-term) subscription renews, and a notice of any material change to its terms, to the email address on your account.

8.5 Payment processing. Payments are processed by third-party payment processors (currently Whop). By making a purchase, you agree to the processor's applicable terms, and you authorize us and the processor to store and charge your payment method. We do not receive or store your full card number. You must provide a valid payment method you are authorized to use and keep it current.

8.6 Taxes. Prices do not include taxes unless stated. You are responsible for all sales, use, value-added, goods and services and similar taxes, duties and charges associated with your purchase, other than taxes on our net income.

8.7 Price changes. We may change our prices at any time. For an existing subscription, a price change takes effect at your next renewal after we give you at least 30 days' notice by email or in the Service. If you do not agree to the change, cancel before it takes effect; if you keep your subscription after it takes effect, you accept the new price.

8.8 Failed payments. If a payment fails or is reversed, we may retry the charge, and we may suspend your ability to send messages, downgrade or end your plan, or suspend your account until the amount is paid. You remain responsible for all amounts due.

8.9 Plan changes. Upgrades, downgrades and seat changes are subject to the terms shown in the Service when you make them. Unless the Service states otherwise, a downgrade takes effect at the end of the current billing period, and no refund or credit is given for the difference in price.

8.10 All sales are final. ALL FEES AND PURCHASES ARE FINAL AND NON-REFUNDABLE, IN WHOLE OR IN PART, including for partially used billing periods, unused credits, unused time, and periods in which you did not use the Service, except as expressly stated in our Refund Policy or where a refund is required by applicable law that cannot be waived by contract.

8.11 Disputed charges. If you believe a charge is wrong, contact us at support@duple.ai first; we will investigate and correct genuine billing errors as described in the Refund Policy. Nothing in these Terms limits any right you have under applicable law to dispute a charge with your card issuer. However, if you initiate a chargeback or payment dispute, we may immediately suspend or terminate your account, remove credits granted by the disputed payment (which may result in a negative balance), block future purchases, and recover any amounts owed, and we may contest the dispute using information about your use of the Service.

9. Credits

9.1 What credits are. Credits are a unit of measure that determines how much of the Service you can use. Credits are granted with your plan for each billing period and, if we offer them, may be purchased as one-time packs.

9.2 How credits are consumed. Each request consumes credits based on the model used, the length of your input and the output, attachments, context (such as project files and memory), and other factors, at the rates in effect when the request is made. Any cost shown before you send a message is an estimate only. The number of credits actually charged is determined by our metering systems and is final and binding, absent manifest error. Charges are rounded up to a whole credit, with a minimum charge per request. Credits may be consumed for requests that you stop, that are cut short, or that produce output you do not like, to the extent processing was performed. We may change credit consumption rates prospectively at any time.

9.3 Credits have no cash value. CREDITS ARE NOT MONEY, CURRENCY, A DEPOSIT, STORED VALUE, A GIFT CARD, OR PERSONAL PROPERTY, AND HAVE NO CASH VALUE. Credits are a limited, personal, non-transferable, revocable license to use the Service. Credits cannot be sold, transferred, assigned, gifted, exchanged, combined across accounts, or redeemed or refunded for cash or anything else, except where required by law.

9.4 Expiration and forfeiture. Credits granted with a plan expire at the end of the rollover period stated for your plan when they were granted. Credit packs expire as stated at the time of purchase. If your subscription ends, you cannot use credits until you subscribe again, and they continue to expire on schedule. All credits are forfeited, without refund or compensation, when your account is deleted or terminated, or when the Service is discontinued. Credits expire as a term of the license and not as a penalty.

9.5 Corrections and negative balances. We may correct any credit balance that was credited, granted or charged in error. If a payment is refunded, reversed or disputed, we may remove the credits it granted, even if this results in a negative balance; while your balance is negative, you may be unable to use the Service, and later grants are applied to the shortfall first.

9.6 Limits. To protect the Service, we apply limits that may change at any time, including on message rate, concurrent replies, file types and sizes, project size, memory and total platform spending. We may impose additional limits or pause usage at any time to prevent abuse, fraud or excessive cost.

10. Team plans

If you purchase a plan for a team, you are responsible for every user you give access to, for their compliance with the Agreement, and for all fees for every seat. Team administration features described as "coming soon" are not yet available and are not part of what you purchase until we release them.

11. Promotions and trials

If we offer a free trial, discount, promotional credits or other promotion, it is subject to the terms we state with the offer, may be limited to one per person, and may be changed or withdrawn at any time. Unless the offer says otherwise, a trial converts automatically into a paid subscription at the end of the trial unless you cancel before it ends. Promotional credits have no value and may expire or be revoked at any time.

12. Our intellectual property

The Service — including its software, interface, design, text, graphics, logos, the "Duple" name and marks, and all related intellectual property — is owned by Duple and its licensors and is protected by law. Subject to your compliance with the Agreement and payment of all applicable fees, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your own personal or internal business purposes. All rights not expressly granted to you are reserved by Duple. You may not use our name, logos or trademarks without our prior written permission, and you may not remove any proprietary notice from the Service.

13. Feedback

If you send us any ideas, suggestions, bug reports or other feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable and transferable license to use, disclose, modify and exploit that feedback for any purpose, without any obligation or compensation to you. Feedback is not confidential.

14. Privacy

Our Privacy Policy explains how we collect, use and share personal information. By using the Service, you acknowledge that your information will be processed as described there, including by our service providers and Model Providers.

15. Suspension, termination and account deletion

By you. You may stop using the Service and delete your account at any time from Settings → Account. Deletion is permanent and cannot be undone.

By us. We may suspend, limit or terminate your access to all or part of the Service, or delete your account, at any time, with or without notice, if we believe that you have violated or may violate the Agreement or the law; that your use creates risk, cost or possible legal exposure for Duple, our users, Model Providers or others; that your account has been compromised or used fraudulently; that you have not paid amounts due or have initiated a chargeback; or if required by law, by a Model Provider, or by a payment processor. We may also discontinue the Service entirely.

What happens next. When your account is terminated or deleted, your right to use the Service ends immediately, your subscription ends, your credits are forfeited, and Your Content is deleted as described in our Privacy Policy. No refund or credit is owed on suspension, termination or deletion for any reason, except where required by law. Sections that by their nature should survive termination survive it, including Sections 5, 6, 8.10, 8.11, 9.3, 9.4, 9.5, 13 and 15 through 25, and Section 12 (except the license granted to you).

16. Disclaimer of warranties

THE SERVICE, ALL OUTPUT, AND ALL CONTENT AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, DUPLE, ITS AFFILIATES, AND ITS AND THEIR MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS AND MODEL PROVIDERS (THE "DUPLE PARTIES") DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE ABOVE, THE DUPLE PARTIES DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT ANY OUTPUT WILL BE ACCURATE, RELIABLE, COMPLETE, LAWFUL, ORIGINAL OR SAFE, THAT ANY MODEL OR FEATURE WILL REMAIN AVAILABLE, THAT YOUR CONTENT WILL BE PRESERVED, OR THAT DEFECTS WILL BE CORRECTED. YOU USE THE SERVICE AND ANY OUTPUT AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DUPLE OR THROUGH THE SERVICE, CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you; in that case, any warranty is limited to the shortest duration and minimum scope permitted by law.

17. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

(A) IN NO EVENT WILL THE DUPLE PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA OR CONTENT, OR COSTS OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THE AGREEMENT, THE SERVICE OR ANY OUTPUT, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL THEORY, EVEN IF A DUPLE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(B) THE TOTAL AGGREGATE LIABILITY OF THE DUPLE PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE AGREEMENT, THE SERVICE OR ANY OUTPUT WILL NOT EXCEED THE GREATER OF (I) THE AMOUNTS YOU ACTUALLY PAID TO DUPLE FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE LIABILITY, AND (II) ONE HUNDRED U.S. DOLLARS (US $100).

(C) THESE LIMITATIONS APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE, AND THEY ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND DUPLE: WE WOULD NOT PROVIDE THE SERVICE AT THESE PRICES WITHOUT THEM.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, such as liability for fraud, or for death or personal injury caused by gross negligence or willful misconduct where the law does not permit limitation.

18. Indemnification

To the fullest extent permitted by law, you will defend, indemnify and hold harmless the Duple Parties from and against any and all claims, demands, actions, losses, damages, liabilities, judgments, settlements, fines, penalties, costs and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your access to or use of the Service; (b) Your Content, including any claim that your Inputs or your use of Outputs infringes or violates the rights of a third party; (c) your violation of the Agreement or of any law or third-party right; (d) your negligence or willful misconduct; or (e) any use of your account. We may assume the exclusive defense and control of any matter subject to indemnification, at your expense, and you will cooperate with our defense. You may not settle any matter without our prior written consent.

19. Dispute resolution: binding arbitration and class action waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

19.1 Informal resolution first. Before starting an arbitration or court proceeding, you and Duple each agree to try to resolve any dispute informally. The party with a dispute must send a written notice to the other — to us at support@duple.ai with the subject "Dispute Notice," or to you at the email address on your account — that includes the claimant's name, account email and Account ID (if any), a description of the dispute, and the relief sought. The notice must be personally signed by the claimant (not only by a lawyer). The parties will negotiate in good faith for 60 days after the notice is received, and, if either party asks, will meet individually by phone or video. Any applicable statute of limitations and filing deadline is tolled during this period. A party may not start an arbitration until this process is complete, and an arbitrator or court may dismiss or stay any proceeding started without it.

19.2 Agreement to arbitrate. Except as provided in Section 19.4, you and Duple agree that any dispute, claim or controversy arising out of or relating in any way to the Agreement, the Service, any Output, or your relationship with Duple, whether based on contract, tort, statute, fraud, misrepresentation or any other legal theory, and whether it arose before or after you accepted these Terms ("Dispute"), will be resolved exclusively by final and binding arbitration on an individual basis. This Section 19 is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the "FAA"), and evidences a transaction in interstate commerce.

19.3 Who decides. The arbitrator decides all issues about the Dispute, including the scope, validity, applicability, enforceability and formation of this arbitration agreement, except that a court of competent jurisdiction decides (a) whether Section 19.4 (exceptions), Section 19.6 (class action waiver), Section 19.7 (mass arbitration) or Section 19.8 (public injunctive relief) applies, is valid or is enforceable, and (b) whether a party has complied with Section 19.1.

19.4 Exceptions. Either party may (a) bring an individual claim in small claims court, if it qualifies and stays there; and (b) bring a claim in court for an injunction or other equitable relief to stop the infringement, misappropriation or other violation of intellectual property rights, or the unauthorized access to, misuse of or interference with the Service.

19.5 Rules, location and costs. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (or, if you are using the Service for a business, its Commercial Arbitration Rules), together with its Supplementary Rules for Multiple Case Filings and Mass Arbitration where they apply, as modified by this Section 19. The rules are available at www.adr.org. A single arbitrator will decide the Dispute. Unless the parties agree otherwise, the arbitration will be conducted by video conference, telephone or written submissions; any in-person hearing will take place in the county where you live (for consumers) or in New Castle County, Delaware (for business users). Payment of AAA fees is governed by the AAA rules; for a consumer Dispute, if you show that the filing fee would be prohibitive for you, we will pay the portion that exceeds what you would have paid to file the claim in court, unless the arbitrator finds the claim frivolous or brought for an improper purpose. Each party bears its own attorneys' fees and costs, except where the arbitrator awards them under applicable law. The arbitrator may award only individual relief, only in favor of the individual party seeking relief, and only to the extent needed to provide relief for that party's individual claim. The arbitrator's decision is final and binding, and judgment on the award may be entered in any court of competent jurisdiction. The arbitration and its results are confidential, except as needed to enforce an award or as required by law.

19.6 Class action and jury trial waiver. YOU AND DUPLE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. YOU AND DUPLE EACH WAIVE ANY RIGHT TO A JURY TRIAL. If a court finally decides that this waiver is unenforceable as to a particular claim or request for relief, that claim or request (and only it) will be severed and decided by a court, after the arbitration of all other claims is complete, and the court proceeding will be stayed until then. This Section 19 never authorizes class arbitration.

19.7 Mass arbitration. If 25 or more demands for arbitration raising similar claims are filed against Duple by or with the assistance of the same or coordinated counsel or organizations, the AAA's Mass Arbitration Supplementary Rules will apply, and the parties agree to have the demands administered in batches as those rules provide. Each claimant must satisfy Section 19.1 individually. Statutes of limitation are tolled for a claim while it awaits administration under this section.

19.8 Public injunctive relief. If a claim seeks public injunctive relief (relief whose primary purpose and effect is to prohibit unlawful acts that threaten future injury to the general public) and a court finally decides that such relief cannot be waived or arbitrated under applicable law, that request (and only it) will be severed and decided by a court after the arbitration of all individual claims is complete, and the court proceeding will be stayed until then.

19.9 Your right to opt out. You may opt out of this arbitration agreement within 30 days after you first accept these Terms by emailing support@duple.ai with the subject "Arbitration Opt-Out" from the email address on your account, including your name, account email, Account ID and a clear statement that you opt out of arbitration. Opting out does not affect any other part of the Agreement. If you opt out, Section 20 applies to all Disputes.

19.10 Changes to this section. If we make a material change to this Section 19, you may reject the change by emailing support@duple.ai within 30 days after it takes effect; in that case, the most recent version of this Section 19 you accepted continues to apply to you. A change never applies to a Dispute of which Duple had written notice before the change took effect.

19.11 Time limit for claims. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER IT AROSE, OR IT IS PERMANENTLY BARRED.

19.12 Survival and severability. This Section 19 survives termination of the Agreement and of your account. Except as stated in Sections 19.6 and 19.8, if any part of this Section 19 is found unenforceable, the rest remains in effect.

20. Governing law and venue

The Agreement and any Dispute are governed by the laws of the State of Delaware, without regard to its conflict of laws rules, and, as to Section 19, by the FAA. The United Nations Convention on Contracts for the International Sale of Goods does not apply. For any Dispute that is not subject to arbitration, or if you opt out of arbitration, you and Duple agree to the exclusive jurisdiction and venue of the state and federal courts located in the State of Delaware, and waive any objection to those courts based on personal jurisdiction, venue or inconvenient forum.

21. Changes to these Terms

We may update these Terms or any part of the Agreement from time to time. When we do, we will post the updated version with a new "Last updated" date. If a change is material, we will also give you reasonable advance notice, by email to the address on your account or through the Service, before it takes effect, except where a change is required sooner by law or to address security or abuse. Changes take effect on the date stated and apply going forward. If you continue to access or use the Service after a change takes effect, you accept the updated Agreement. If you do not agree to a change, you must stop using the Service and may cancel your subscription and delete your account.

22. Communications and notices

You consent to receive communications from us electronically, including by email and in the Service, and agree that all agreements, notices, disclosures and other communications we provide electronically satisfy any legal requirement that they be in writing. We will send notices to the email address on your account, which you are responsible for keeping current; notices are effective when sent. Notices to Duple must be sent to support@duple.ai, and are effective when received. We may send you service, security, billing and legal communications even if you have opted out of other messages.

23. General terms

• Export controls and sanctions. You may not use, export or re-export the Service in violation of U.S. export control or sanctions laws, or from any country or region subject to comprehensive U.S. sanctions, or if you are on any U.S. government restricted-party list.
• Entire agreement. The Agreement is the entire agreement between you and Duple about the Service and supersedes all prior agreements and understandings about its subject matter. If these Terms conflict with another policy, these Terms control, except that the Refund Policy controls on refunds.
• Assignment. You may not assign or transfer the Agreement or your account, by operation of law or otherwise, without our prior written consent; any attempt to do so is void. We may assign or transfer the Agreement, in whole or in part, without restriction or notice, including in connection with a merger, acquisition, reorganization or sale of assets.
• Severability. Except as stated in Section 19, if any provision of the Agreement is held invalid or unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions remain in full force and effect.
• No waiver. Our failure or delay in enforcing any provision is not a waiver of our right to do so later. Any waiver must be in writing and signed by Duple.
• Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, government action, epidemics, power or internet failures, cyberattacks, and failures or capacity limits of hosting, database, payment or AI providers.
• Relationship. You and Duple are independent contracting parties. Nothing in the Agreement creates a partnership, joint venture, agency, fiduciary or employment relationship.
• No third-party beneficiaries. The Agreement does not confer any rights on any third party, except that the Duple Parties are intended beneficiaries of Sections 16, 17 and 18.
• Interpretation. Headings are for convenience only. "Including" means "including without limitation." The Agreement will not be construed against the drafter. The English version of the Agreement controls over any translation.

24. Notices for certain jurisdictions

• California. Under California Civil Code Section 1789.3, California users are entitled to the following notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. You may contact us at support@duple.ai.
• New Jersey. If you are a New Jersey consumer, nothing in these Terms limits any right you have under New Jersey law, and the provisions of Sections 16, 17 and 18 that exclude or limit liability or require indemnification apply to you only to the extent permitted by New Jersey law.
• European Economic Area, United Kingdom and Switzerland. If you are a consumer residing in one of these places, you benefit from the mandatory consumer protection laws of your country of residence, and nothing in the Agreement affects your rights under them. Section 19 (arbitration and class waiver) does not apply to you, and you may bring proceedings in the courts of your country of residence. Section 17 does not limit our liability for death or personal injury caused by our negligence, for fraud, or for gross negligence or willful misconduct. Your statutory right of withdrawal, if any, is explained in the Refund Policy.
• Everywhere. If the law where you live gives you rights that cannot be waived or limited by contract, the Agreement does not attempt to waive or limit them, and the relevant provisions apply to you only to the extent permitted by that law.

25. Contact us

DUPLE.AI LLC, a Delaware limited liability company. Email: support@duple.ai. Please include your Account ID (shown in Settings → Account) in any message about your account.