Last Updated: October 1, 2026

MEMBER TERMS OF SERVICE

Please read these Terms of Service (“Terms”) carefully. Your use of the Service (as defined below) constitutes your consent to these Terms.

These Terms apply solely to Members of the Inciteful platform. As used in these Terms, a “Member” is a registered Inciteful user who provides substantive responses about themselves in reply to Inciteful queries on the platform (“Responses”) and earns Credits (as defined in Section 5) that can be redeemed for Offerings (as defined in Section 8). If you are a business or startup seeking to access aggregated and anonymized insights through our Insight Engine (a “Subscriber”), these Terms do not apply to you; please refer to the applicable Subscriber Terms of Service www.incitefulapp.com/terms/subscriber. By creating a Member account or otherwise using the Service as a Member, you acknowledge that these Terms govern your use of the Service in that capacity.

These Terms are between you and Inciteful App LLC (“Inciteful” or “we” or “us” or “our”; Inciteful’s parents, subsidiaries, and other affiliates, and each of their respective officers, directors, employees, agents, licensors, and suppliers, the “Affiliated Entities”) concerning your use of (and including any access to) our website located at https://www.incitefulapp.com (the “Site”), as well as all related websites, networks, software, and other services provided by us and on which a link to these Terms is displayed (collectively, together with the Site, our “Service”). These Terms hereby incorporate by this reference any additional terms and conditions posted by Inciteful through the Service or otherwise made available to you by Inciteful.

Use of the Service by anyone under the age of 18 is prohibited. By using the Service, you affirm that you are of legal age to enter into these Terms.

These Terms contain (among other things) a mandatory arbitration provision that, as further set forth in Section 22 below, requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or any other court proceedings, or class actions of any kind.

1. Changes. We may change these Terms from time to time by notifying you of such changes by any reasonable means, including by posting revised Terms through the Service. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes or otherwise notified you of such changes.

Your use of the Service following any changes to these Terms will constitute your acceptance of such changes. The “Last Updated” legend above indicates when these Terms were last changed. We may, at any time and without liability, modify or discontinue all or part of the Service (including access to the Service via any third-party links); charge, modify, or waive any fees required to use the Service; or offer opportunities to some or all Service users.

2. Information Submitted Through the Service. Your submission of information through the Service is governed by Inciteful’s Privacy Policy, located at https://www.incitefulapp.com/privacy (the “Privacy Policy”). You represent and warrant that any information you provide is and will remain accurate and complete, and that you will maintain and update such information as needed.

   
   

3. Input and Output. You agree and instruct that we may process inputs provided by you, including but not limited to your Responses (collectively, “Input”) and generate output based on the Input (“Output”) in connection with the AI features of the Service, to operate, maintain, and improve the Service and Inciteful’s related technologies, including the machine learning models used to provide the Service. As between the parties and subject to applicable law, Inciteful owns Outputs generated from your Inputs. 

Input may include text, prompts, data files, images, website addresses (URLs), and other materials that you submit or upload to the Service. By submitting a URL, you authorize Inciteful to access, crawl, and analyze the publicly available portions of that website and to collect and use content such as text, images, color palettes, fonts, and layout information solely to provide the Service. Inciteful will not circumvent authentication, paywalls, or technical restrictions when accessing such sites.

You will ensure that all Input and your use of the Service and Input do not (a) violate these Terms or applicable law, or (b) infringe or misappropriate any rights of Inciteful or any third party. You represent and warrant that you have all rights, licenses, consents, and permissions necessary to provide any Input, including website content accessible via submitted URLs, and to authorize Inciteful’s access and use of that content as described in these Terms. You further represent and warrant that all Input you provide through the Service, including any and all Responses: (a) is truthful, accurate, and not misleading; (b) does not infringe, misappropriate, or otherwise violate any intellectual property, proprietary, privacy, publicity, or other right of any third party; (c) does not contain the personal data, confidential information, or trade secrets of any third party unless you have obtained all necessary rights, consents, and authorizations to disclose such information; (d) does not contain any material that is defamatory, libelous, obscene, harassing, threatening, or otherwise objectionable; (e) is not fraudulent or generated through automated means, bots, or scripts; (f) complies with all applicable laws, rules, and regulations; and (g) has been personally provided by you, and that no other individual has answered any question or provided any Response on your behalf, and that you have not permitted any other individual to access your account for the purpose of providing Input or Responses. You acknowledge that Inciteful relies on the accuracy and integrity of your Input in operating the Service and that any breach of the foregoing representations and warranties may result in the suspension or termination of your account and forfeiture of any accrued Credits. 

For purposes of these Terms, “Customer Data” means all Inputs, contact information, text, images, data files, website content, and other materials that you or your authorized users submit to or through the Service, or that Inciteful collects or processes on your behalf in connection with your use of the Service. Customer Data does not include aggregated or de-identified data created by Inciteful in accordance with these Terms.

4. Improving the Service. You grant Inciteful a non-exclusive, worldwide, royalty-free, fully paid-up, sublicensable license to use, reproduce, host, store, process, transmit, display, modify, and create derivative works from your Inputs and other Customer Data as necessary to provide, operate, maintain, secure, and improve the Service and Inciteful’s related technologies. This license includes the right for Inciteful to: (a) enforce these Terms and comply with applicable law; (b) perform analytics, testing, and quality assurance; and (c) create and use aggregated and de-identified data derived from Customer Data for analytics, benchmarking, and product development, where “Aggregated and De-identified Data” means information that has been combined with similar data from other customers or altered to remove personal identifiers so that it cannot reasonably identify you or any individual. Aggregated and De-identified Data is not considered your confidential information.

   
   

5. Credits. 

Credits. By providing Input, you may earn credits (“Credits”) that can be used through the Service for Offerings (as defined in Section 8). Credits are (i) not redeemable for any currency, (ii) not a fiat currency or a substitute for real currency, and (iii) of no equivalent value in real currency to you. Credits cannot be redeemed by you for any real currency, and Inciteful is not obligated to exchange your Credits for anything else of value. Credits may be earned for Input in accordance with additional terms and conditions provided to you through the Site at the time you provide the Input. Notwithstanding the foregoing, the decision to issue Credits is solely in Inciteful’s discretion.

Limited License to Use Credits. Your acquisition or receipt of Credits only entitles you to a limited, non-exclusive, non-transferable, revocable license to use Credits (i) in connection with the Service, (ii) for your personal use only, and (iii) in the ways permitted by Inciteful under these Terms. Your limited license to use Credits will terminate immediately if (i) you violate these Terms, (ii) your account is suspended or terminated, or (iii) these Terms or the Service are terminated.

No Trading. You may not use, acquire, sell, trade, or distribute Credits except through the Service and except as expressly permitted by Inciteful under these Terms. Any attempt to do so constitutes a violation of these Terms, will render the transaction void, and may result in the immediate suspension or termination of your account and your license to use Credits. Inciteful does not recognize or assume responsibility for any third-party services that purport to allow users to sell, transfer, purchase, or otherwise transact in Credits, and any such use by you is a violation of these Terms.

Credits Are Subject to Change. Inciteful, in its sole discretion, may implement changes to Credits at any time, including limiting the number of Credits a user may acquire or earn, modifying the rate at which Credits are earned or consumed, or changing the ways in which you can redeem Credits. Except for the limited license granted to you under these Terms, Inciteful has and retains all rights in and to Credits, including the right to modify, revoke, or terminate your license to use Credits without notice, payment, or liability to you. Inciteful makes no guarantees or warranties regarding Credits or their availability or value. Credits may expire after twelve (12) months of continuous account inactivity or upon Inciteful's cancellation, indefinite suspension, or discontinuation of the Service or any feature thereof, including any feature that affects the availability of Service Providers. Credits are not money and are non-transferable and non-refundable. Except as required by applicable law or as otherwise expressly provided in these Terms, all Credits earned or received are final and not refundable, and no refund or credit will be issued for any unused or expired Credits. We may update Credit allotments and conversion rules to reflect Service changes and maintain quality.

6. Verification.

   You acknowledge and agree that Inciteful may monitor account activity, including IP addresses, device identifiers, submission timing, and content patterns, for fraud detection, data-integrity assurance, and quality control purposes. Inciteful reserves the right, at any time and in its sole discretion, to conduct identity verification and data-integrity checks (“Verification”) to confirm your identity, the authenticity of your account, and the integrity of your Input and Responses. Verification may include biometric verification (including video or automated verification), knowledge-based authentication, or other procedures as Inciteful may reasonably require.

By using the Service, you expressly consent to such Verification and agree to cooperate fully and promptly with Inciteful in connection with any Verification request, including by providing any requested documentation or information within the timeframe specified by Inciteful. You agree that Inciteful may suspend your ability to earn or use Credits, or restrict your access to any feature of the Service, pending the completion of any Verification.

Notwithstanding anything to the contrary in these Terms, you may not redeem Credits for Offerings or book any Session (as defined in Section 9.1) until you have satisfied each of the following conditions precedent, and no obligation to permit redemption will arise until all such conditions have been met: (a) you have successfully completed Verification to Inciteful's satisfaction; and (b) you have satisfied the applicable submission threshold set forth below. If you are a new Member who has not previously maintained an account on the Service, you must complete onboarding and submit a minimum of twenty (20) Qualifying Submissions that Inciteful, in its sole discretion, determines to be compliant with these Terms before you may redeem any Credits for Offerings. If you are a returning Member who previously maintained an account on the Service, you will retain any existing Credit balance associated with your prior account; provided, however, that such Credits will remain locked and unavailable for redemption until you have completed additional Verification, as applicable, and submitted a minimum of ten (10) Qualifying Submissions following re-onboarding. For purposes of these Terms, a “Qualifying Submission” means any Input or Response that satisfies Inciteful's content, quality, and compliance standards as determined by Inciteful in its sole discretion. Inciteful reserves the right to modify the applicable submission thresholds at any time upon notice to you.

If you refuse to cooperate with or fail to complete Verification within the timeframe specified by Inciteful, or if Verification reveals that your account activity, identity, or Input does not meet Inciteful's requirements, Inciteful may, in its sole discretion and without liability to you: (a) permanently restrict your ability to redeem Credits for Offerings; (b) suspend or terminate your account; and (c) revoke or forfeit any accrued Credits. Inciteful's determination with respect to any Verification will be final. If you believe that Credits were improperly withheld or revoked in connection with Verification, you may contact support@incitefulapp.com for internal review; provided, however, that Inciteful's decision following any such review will be final and binding.

7. Rules of Conduct and Acceptable Use Policy
You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Service. In addition, you will not:

• Use or attempt to use another user’s account without authorization from that user and us; 

• Allow any other individual to use your account or provide Responses in your place;

• Register more than one account as a Member;

• Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity; 

• Sell, resell or commercially use our Service; 

• Use the Service to create a competing service (even if you only use that other service internally); 

• Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Service, except as expressly permitted by us or our licensors; 

• Modify our Service, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Service; 

• Use our Service other than for its intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Service or that could damage, disable, overburden or impair the functioning of our Service in any manner; 

• Reverse engineer any aspect of our Service or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Service; 

• Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Service that you are not authorized to access; 

• Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Service; 

• Develop or use any applications that interact with our Service without our prior written consent; 

• Use the Service to train, fine-tune, or create a data set for training or fine-tuning any artificial intelligence or machine learning tool or service;

• Use our Service for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

Enforcement of this Section 7 is solely at our discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 7 does not create any private right of action on the part of any third party or any reasonable expectation that the Service will not contain any content that is prohibited by such rules.

If you believe anyone is violating these Terms or misusing the Service, please notify Inciteful immediately at support@incitefulapp.com or through any in-product reporting feature. If you receive unsolicited or unauthorized email that you believe was sent through the Service, forward a copy of that message (including headers) to support@incitefulapp.com for investigation. If you believe that any material available through the Service infringes a copyright or trademark, please refer to the contact information provided in our Copyright Infringement Claims section in Section 25 of these Terms.

8. Offerings.
Offerings. The Service may allow you to access third-party services  involving career coaching, financial coaching, mental health support, professional development, and other participating provider services (“Offerings”). For clarity, the Service does not include Offerings. The providers of Offerings (“Service Providers”) are independent providers who are neither employees nor agents nor representatives of Inciteful. Our role is to operate the Service and enable access to such Service Providers by providing the necessary technical and administrative support, including booking, scheduling, and communication software. Inciteful does not directly provide Offerings. The Service Providers themselves are responsible for the performance of the Offerings and remain fully independent when performing the Offerings. 

Changing Service Providers. If you feel the Offerings provided by a Service Provider do not fit your needs or expectations, you may change to a different Service Provider who provides services through the Service. Except where expressly provided otherwise, you will not be entitled to a refund of Credits in connection with switching Service Providers. While we maintain a database of Service Providers, you should note that because of licensure, certification, or other requirements that differ from jurisdiction to jurisdiction, not all Service Providers available in our database may be available for you to match with, or at any particular or convenient time, or for any set period of time. If a Service Provider you have been connected with stops using the Service at any time after you have been connected, you will not be able to access that Service Provider through the Service going forward.  

While we hope the Offerings are beneficial to you, you understand, agree, and acknowledge that they may not be the appropriate solution for everyone's needs and that they may not be appropriate for every particular situation and/or a substitute for certain professional needs that might require in-person services.

Offering Terms. Each Offering is provided to you by the applicable Service Provider pursuant to a separate agreement between you and that Service Provider (the “Offering Terms”), which you must accept before booking a Session with that Service Provider. The Offering Terms govern the provision of the Offerings, including the scope and delivery of the services, the Service Provider’s professional obligations, and any related confidentiality, cancellation, and dispute resolution terms. Inciteful is not a party to the Offering Terms and has no obligation or liability under them. These Terms govern only your use of the Service, including the technical and administrative support Inciteful provides through the Service to facilitate your access to Service Providers. Credits are redeemed for Inciteful connecting you with a Service Provider and facilitating your access to that Service Provider’s Offerings through the Service, and not as payment or other consideration for the Offerings themselves. In the event of any conflict between these Terms and the Offering Terms, these Terms will govern with respect to your use of the Service, and the Offering Terms will govern with respect to the provision of the Offerings.

IF YOU ARE EXPERIENCING A MEDICAL OR MENTAL HEALTH EMERGENCY, INCLUDING BUT NOT LIMITED TO THOUGHTS OF SUICIDE OR SELF-HARM, OR IF YOU BELIEVE THAT ANY PERSON MAY BE IN DANGER, YOU MUST IMMEDIATELY CALL YOUR LOCAL EMERGENCY SERVICES NUMBER AND NOTIFY THE RELEVANT AUTHORITIES. THE SERVICE IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES, AND THE SERVICE PROVIDERS CANNOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE AFOREMENTIONED CASES. IF YOU PROCEED TO USE THE SERVICE NOTWITHSTANDING THIS NOTICE, YOU DO SO ENTIRELY AT YOUR OWN RISK. THE SERVICE IS NOT INTENDED FOR THE PROVISION OF CLINICAL DIAGNOSIS REQUIRING AN IN-PERSON EVALUATION, AND YOU SHOULD NOT USE IT IF YOU NEED ANY OFFICIAL DOCUMENTATION OR APPROVALS FOR PURPOSES SUCH AS, BUT NOT LIMITED TO, COURT-ORDERED THERAPY OR PROFESSIONAL CERTIFICATIONS REQUIRING IN-PERSON ASSESSMENT. IT IS ALSO NOT INTENDED FOR INFORMATION REGARDING WHICH DRUGS OR MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE SERVICE.

DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVED THROUGH THE SERVICE.

THE OFFERINGS, INCLUDING ANY FINANCIAL, CAREER, OR SIMILAR COACHING, ARE PROVIDED FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. THEY DO NOT CONSTITUTE, AND SHOULD NOT BE RELIED UPON AS, FINANCIAL, INVESTMENT, TAX, ACCOUNTING, OR LEGAL ADVICE. INCITEFUL IS NOT A REGISTERED INVESTMENT ADVISER, BROKER-DEALER, BANK, TAX ADVISER, OR LAW FIRM, AND NEITHER INCITEFUL NOR ANY SERVICE PROVIDER IS ACTING AS YOUR FIDUCIARY. NO SERVICE PROVIDER WILL RECOMMEND, OFFER, OR SELL ANY SECURITY OR SPECIFIC INVESTMENT, OR MANAGE, ACCESS, OR CONTROL YOUR FUNDS OR ACCOUNTS, THROUGH THE SERVICE.

NOTHING PROVIDED THROUGH THE SERVICE IS TAILORED TO YOUR INDIVIDUAL FINANCIAL SITUATION, OBJECTIVES, OR NEEDS. YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN FINANCIAL DECISIONS, AND YOU SHOULD CONSULT A LICENSED OR CREDENTIALED PROFESSIONAL OF YOUR OWN CHOOSING BEFORE ACTING ON ANY INFORMATION RECEIVED THROUGH THE SERVICE. INCITEFUL DOES NOT GUARANTEE ANY PARTICULAR FINANCIAL, CAREER, OR OTHER OUTCOME, AND ANY EXAMPLES OR ILLUSTRATIONS DISCUSSED ARE FOR ILLUSTRATIVE PURPOSES ONLY AND ARE NOT A PROMISE OR GUARANTEE OF RESULTS.

9. Booking and Redemption of Offerings.

9.1.Redemption Generally. Credits are the sole means of booking a Session with a Service Provider to access Offerings through the Service. Each Offerings session or engagement with a Service Provider (a “Session”) requires the number of Credits specified at the time of booking. The number of Credits required for a Session is determined by Inciteful in its sole discretion and may vary by Service Provider, Session type, or duration, and may change from time to time. The applicable Credit cost will be displayed to you before you confirm a booking. You may book a Session only if you hold sufficient available Credits.

9.2.Booking; Debit of Credits. All Sessions must be booked exclusively through the Service using Inciteful's approved booking and scheduling systems. When you confirm a booking, the Credits required for that Session will be deducted from your balance and held against the booking. No Session is reserved until you receive confirmation through the Service. Availability of Service Providers, Session times, and Session types is not guaranteed and is subject to Section 8 (Offerings).

9.3.Rescheduling and Cancellation by You. You may cancel or reschedule a confirmed Session through the Service up to twenty-four (24) hours before the scheduled start time, in which case the Credits for that Session will generally be restored to your balance within twenty-four (24) hours of cancellation (or, if you reschedule, applied to the rescheduled Session). Each confirmed Session may be rescheduled no more than one (1) time without penalty; any subsequent attempt to reschedule the same Session will be treated as a cancellation, and the Credits for that Session will be forfeited. If you cancel or reschedule fewer than twenty-four (24) hours before the scheduled start time, or if you fail to attend a Session (a “No-Show”), the Credits for that Session will be forfeited and will not be returned, except as required by applicable law. If you arrive more than ten (10) minutes after the scheduled start time of a Session, the applicable Service Provider may, in the Service Provider's sole discretion, treat your late arrival as a No-Show, in which case the Credits for that Session will be forfeited.

9.4 Cancellation, No-Show, or Non-Delivery by a Service Provider. If a Service Provider cancels a confirmed Session, fails to attend, or does not deliver the Session as booked, the Credits for that Session will be reinstated to your balance, and you may use them to book another Session, subject to availability. Reinstatement of Credits is your sole and exclusive remedy in these circumstances, and Inciteful will have no further liability to you. Inciteful does not guarantee that any particular Service Provider, Session time, or Session type will be available for rebooking.

9.5 Technical Failure. If a confirmed Session cannot take place due to a failure of the Service or of the booking, scheduling, or communication tools Inciteful makes available, the Credits for that Session will be reinstated to your balance. This subsection does not apply to failures caused by your own equipment, connectivity, or failure to follow reasonable instructions for accessing a Session.

9.6 Service Provider Departure. As described in Section 8, a Service Provider may stop using the Service at any time. If a Service Provider with whom you have a confirmed but not-yet-delivered Session stops using the Service, the Credits for that Session will be reinstated to your balance. You will not be entitled to any Credits, refund, credit, or other compensation on account of a Service Provider's departure beyond reinstatement of Credits for confirmed, undelivered Sessions.

9.7 Dissatisfaction Is Not Non-Delivery. Credits will not be reinstated on the basis that a Session or the Offerings did not meet your needs, expectations, or desired outcome. As described in Section 8, Offerings may not be appropriate for every person or situation, and Inciteful does not guarantee any particular result. Reinstatement of Credits applies only where a Session was not delivered as described in subsections 9.4, 9.5, and 9.6.

9.8 Reinstated Credits. Credits reinstated under this Section are subject to the same terms as all other Credits, including the limitations in Section 5 (Credits).

9.9 Misuse of Booking. Inciteful may limit, suspend, or revoke your ability to book Sessions if you engage in repeated late cancellations or No-Shows, or otherwise misuse the booking or redemption features, in each case as determined by Inciteful in its reasonable discretion. Without limiting the foregoing, two (2) or more No-Shows within any sixty (60)-day period may result in the suspension or permanent revocation of your scheduling privileges.

9.10.Emergency Exceptions. Notwithstanding the foregoing provisions of this Section 9, Inciteful may, in its sole discretion, waive the forfeiture of Credits or other consequences arising from a late cancellation or No-Show where you demonstrate, to Inciteful's reasonable satisfaction, that a verified emergency prevented you from attending or timely canceling the applicable Session. Any determination by Inciteful as to whether an emergency exception is warranted will be final.

10.Recording of Sessions. You acknowledge and agree that Inciteful may record, or cause to be recorded, any Session (including audio, video, screen-sharing content, and any accompanying chat or text communications) for quality assurance, compliance monitoring, Service Provider evaluation, training, dispute resolution, and service improvement purposes (collectively, “Session Recordings”). By booking or participating in any Session, you expressly consent to such recording. Session Recordings constitute Customer Data and will be collected, stored, and processed in accordance with the Privacy Policy. Service Providers may also record Sessions in accordance with their independent professional obligations; any such recording by a Service Provider is subject to the Service Provider's own terms and privacy practices, and Inciteful assumes no responsibility or liability for a Service Provider's recording, use, or storage of Session content. You will not record, capture, reproduce, or distribute any Session or any portion thereof—whether by audio, video, screenshot, transcription, or any other means—without the prior written consent of both Inciteful and the applicable Service Provider. Any unauthorized recording of a Session constitutes a violation of these Terms and may result in the immediate suspension or termination of your account and forfeiture of any accrued Credits, in addition to any other remedies available to Inciteful at law or in equity.

11.Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies. Support is conducted through email at support@incitefulapp.com.

12.Registration; User Names and Passwords. You may need to register to use all or part of the Service. We may reject, or require that you change, any user name, password, or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you, and not Inciteful, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your Service account.

13. Feedback. If you provide to us any ideas, proposals, suggestions, or other materials (“Feedback”), whether related to the Service or otherwise, you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited, and without restriction, and does not place Inciteful under any fiduciary or other obligation. You hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze, and exploit Feedback, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials). Notwithstanding the foregoing, you grant Inciteful a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable license to use, reproduce, and display anonymized versions of Input solely for use in Inciteful's promotional and marketing materials (including FAQs, case studies, and testimonials). For purposes of this Section, "anonymized" means that all personal identifiers and information reasonably capable of identifying you or any individual have been removed. For the avoidance of doubt, this license does not extend to any other category of Input or permit use of such anonymized Input for any purpose other than promotional and marketing materials.

14. Monitoring. We may (but have no obligation to) monitor, evaluate, analyze, alter, or remove your access to or use of the Service. We may disclose information regarding your access to and use of the Service, and the circumstances surrounding such access and use, to anyone in accordance with our Privacy Policy.

15.Inciteful’s Proprietary Rights. We and our suppliers own the Service, which is protected by proprietary rights and laws. All trade names, trademarks, service marks, and logos on the Service not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks, or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained in the Service should be construed as granting any right to use any trade names, trademarks, service marks, or logos without the express prior written consent of the owner.

16.Third-Party Materials; Links. Certain Service functionality may make available access to information, products, services, Offerings, and other materials made available by third parties (“Third-Party Materials”), or allow for the routing or transmission of such Third-Party Materials, including via links. By using such functionality, you are directing us to access, route, and transmit to you the applicable Third-Party Materials. 

We neither control nor endorse, nor are we responsible for, any Third-Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, or safety of Third-Party Materials, or any intellectual property rights therein. Certain Third-Party Materials may be, among other things, inaccurate, misleading, or deceptive. Nothing in these Terms will be deemed to be a representation or warranty by Inciteful with respect to any Third-Party Materials. We have no obligation to monitor Third-Party Materials, and we may block or disable access to any Third-Party Materials (in whole or part) through the Service at any time. In addition, the availability of any Third-Party Materials through the Service does not imply our endorsement of, or our affiliation with, any provider of such Third-Party Materials, nor does such availability create any legal relationship between you and any such provider.

Your use of Third-Party Materials is at your own risk and is subject to any additional terms, conditions and policies applicable to such Third-Party Materials (such as terms of service or privacy policies of the providers of such Third-Party Materials).

17.Disclaimer of Warranties. To the fullest extent permitted under applicable law: (a) the Service and any Third-Party Materials are made available to you on an “As Is,” “Where Is,” and “Where Available” basis, without any warranties of any kind, whether express, implied, or statutory; and (b) Inciteful disclaims all warranties with respect to the Service and any Third-Party Materials, including the warranties of merchantability, fitness for a particular purpose, non-infringement, and title. All disclaimers of any kind (including in this Section 17 and elsewhere in these Terms) are made for the benefit of both Inciteful and the Affiliated Entities, and their respective successors and assigns. Inciteful does not warrant that use of the Service will ensure compliance with any advertising, marketing, or consumer protection laws or regulations applicable to your industry, jurisdiction, or specific use case. You are solely responsible for your compliance obligations. Inciteful does not warrant that use of the Service will ensure compliance with the terms of service or policies of any third-party platform. You are solely responsible for your compliance with such third-party requirements.

18.AI Features and Beta. You agree that there are limitations that apply with respect to features on the Service that rely on AI, machine learning, and similar technologies (“AI Features”), including that (a) AI Features may struggle with understanding the nuances of language, including slang, idioms, and cultural references, which can result in actions or suggestions that are out of context or do not make sense, (b) AI Features do not have emotions and cannot understand or convey emotions in the way humans can, which can result in actions or suggestions that lack the empathy and emotion that humans are able to convey, (c) AI Features can struggle with complex tasks or requests that require reasoning, judgment, and decision-making, and (d) AI Features can perpetuate biases that are present in the data used to train them, which can result in actions or suggestions that are not intended or may be discriminatory or offensive. Without limiting the disclaimers in Section 17 and this Section 18, to the extent permitted by applicable law, Inciteful makes no warranties with respect to any AI Features or Output, or for any losses suffered or incurred by you or any other person arising out of or in connection with the AI Features or Output.

We may provide you with the option to participate in early access programs to use alpha, beta, or pre-release services, products, features, and documentation (“Beta Services”). Notwithstanding anything to the contrary contained in these Terms, Beta Services are not generally available and may contain bugs, errors, or defects. We may discontinue Beta Services at any time in our sole discretion and may never make them generally available.

While we try to maintain the timeliness, integrity, and security of the Service, we do not guarantee that the Service is or will remain updated, complete, correct, or secure, or that access to the Service will be uninterrupted. The Service may include inaccuracies, errors, and materials that violate or conflict with these Terms. Additionally, third parties may make unauthorized alterations to the Service. If you become aware of any such alteration, contact us at support@incitefulapp.com with a description of such alteration and its location on the Service.

19.Limitation of Liability. To the fullest extent permitted under applicable law: (a) Inciteful will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind, under any contract, tort (including negligence), strict liability, or other theory, including damages for loss of profits, use, or data, loss of other intangibles, loss of security of Input (including unauthorized interception by third parties of any Input), even if advised in advance of the possibility of such damages or losses; (b) without limiting the foregoing, Inciteful will not be liable for damages of any kind resulting from your use of or inability to use the Service or from any Third-Party Materials, including from any virus that may be transmitted in connection therewith; (c) your sole and exclusive remedy for dissatisfaction with the Service or any Third-Party Materials is to stop using the Service; and (d) the maximum aggregate liability of Inciteful for all damages, losses, and causes of action, whether in contract, tort (including negligence), or otherwise, will be the greater of the total amount, if any, paid by you to Inciteful to use the Service in the twelve (12) month period preceding the event giving rise to the claim and $100.00. All limitations of liability of any kind (including in this Section 19 and elsewhere in these Terms) are made for the benefit of both Inciteful and the Affiliated Entities, and their respective successors and assigns.

20.Indemnity. To the fullest extent permitted under applicable law, you agree to defend, indemnify, and hold harmless Inciteful and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Service (including all Inputs); (b) any violation or alleged violation of these Terms by you; (c) any content, communications, or messages generated, sent, or published through the Service, including claims of misrepresentation, false advertising, deceptive practices, or failure to comply with disclosure or opt-out requirements; or (d) any actual or alleged violation by you of the terms of service or acceptable use policies of any third-party platform in connection with your use of the Service, including but not limited to social media sites, search engines, or content distribution platforms.

21.Termination. These Terms are effective until terminated. Inciteful may terminate or suspend these Terms or your use of the Service at any time and without prior notice, for any or no reason, including if Inciteful believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination or suspension, your right to use the Service will immediately cease, and Inciteful may, without liability to you or any third party, immediately deactivate or delete your user name, password, and account, and all associated materials, without any obligation to provide any further access to such materials. Sections 2 to  29 will survive any expiration or termination of these Terms.

22.Dispute Resolution, Arbitration, Class Action Waiver. You agree to resolve certain disputes with Inciteful through binding arbitration (“Arbitration Agreement”). Arbitration means that an arbitrator, and not a judge or a jury, will decide the dispute. The parties expressly waive the right to bring or participate in any kind of class, collective, or mass action, private attorney general action, or any other representative action. This Arbitration Agreement supersedes all prior versions.

22.1.Covered Disputes. You and Inciteful agree that any dispute or claim between you and Inciteful arising out of or relating to these Terms or the Service (a “Dispute”), including any related software, hardware, integrations, or advertising or marketing communications, or your account, or any aspects of your relationship or transactions with Inciteful, will be resolved by binding arbitration, rather than in court. For purposes of this Arbitration Agreement, a Dispute will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of these Terms as well as claims that may arise after the termination of these Terms. LAWSUITS AND ARBITRATIONS MAY BE FILED, WHICH COULD AFFECT YOU. YOUR AGREEMENT TO THIS ARBITRATION AGREEMENT COULD AFFECT YOUR PARTICIPATION IN THOSE ACTIONS.

22.2.Exceptions to Arbitration. This Arbitration Agreement will not require arbitration of the following types of claims brought by either you or Inciteful: (i) small claims court actions, if the requirements of the court are met and the claims are only on an individual basis; and (ii) claims pertaining to intellectual property rights, including trademarks, trade dress, domain names, trade secrets, copyrights, and patents.

22.3.Informal Dispute Resolution First. We want to address any Disputes without needing arbitration. If you have a Dispute with Inciteful, prior to initiating arbitration, you agree to mail an individualized request (“Pre-Arbitration Demand”) to ATTN: Inciteful App LLC, 262 Chapman Rd, Ste 240 Newark DE 19702 so that we can work together to resolve the Dispute. A Pre-Arbitration Demand is only valid when it pertains to, and is on behalf of, a single individual. A Pre-Arbitration Demand brought on behalf of multiple individuals is invalid as to all. The Pre-Arbitration Demand must include: (i) your name, telephone number, mailing address, and email address associated with your account; (ii) the name, telephone number, mailing address, and email address of your counsel, if any; (iii) a description of your Dispute; and (iv) your signature. Likewise, if Inciteful has a Dispute with you, Inciteful will send an email with its individualized Pre-Arbitration Demand, including the requirements listed above, to the email address associated with your Inciteful account. If the Dispute is not resolved within sixty (60) calendar days of when either you or Inciteful submitted a Pre-Arbitration Demand, an arbitration can be brought. If you or Inciteful have a Dispute involving claims under the exception to arbitration in Section 22.2, then this Section 22.3 does not apply to such Dispute. You agree that compliance with this Section 22.3 is a condition precedent to commencing arbitration, and that the arbitrator will dismiss any arbitration filed without fully and completely complying with these informal dispute resolution procedures.

22.4.Arbitration Procedure. If, after completing the informal dispute resolution process set out in Section 22.3, either you or Inciteful wishes to initiate arbitration, the initiating party must serve the other party with a demand for arbitration. Any demand for arbitration by you will be sent to the Inciteful address in Section 22.3. Inciteful will send any arbitration demand to the email address associated with your Inciteful account or to your counsel, if any. You and Inciteful agree that the Federal Arbitration Act (FAA) governs this Arbitration Agreement. If the FAA cannot apply for whatever reason, then the state laws governing arbitration procedures where you reside apply.

The applicable arbitration provider depends on where you live. If you are a California resident, the arbitration will be administered by ADR Services, Inc. (“ADR Services”) under its Arbitration Rules, available at https://www.adrservices.com/services-2/arbitration-rules. If you are not a California resident, the arbitration will be administered by National Arbitration and Mediation (NAM) under its operative Comprehensive Dispute Resolution Rules and Procedures, available at https://www.namadr.com/resources/rules-fees-forms. These Terms will govern to the extent they conflict with the arbitration provider’s rules. If the applicable arbitration provider is not available to arbitrate, the parties will select an alternative arbitration provider. If the parties cannot agree on an appropriate alternative arbitration provider, then the parties will ask a court of competent jurisdiction to appoint an arbitrator pursuant to 9 U.S.C. § 5. To the extent there is a dispute over which arbitration provider has jurisdiction, a NAM arbitrator will be appointed to resolve that dispute.

Arbitration hearings will take place through videoconferencing by default, unless you and Inciteful agree upon another location in writing. A single arbitrator will be appointed. The arbitrator may award damages, declaratory or injunctive relief, and recoverable costs. Any arbitration award may be enforced (such as through a judgment) in any court with jurisdiction. An arbitration award will have no preclusive effect in another arbitration or court proceeding involving Inciteful and a different individual. The arbitrator will have the exclusive authority to resolve all threshold arbitrability issues, including whether these Terms are applicable, unconscionable, or enforceable, as well as any defense to arbitration. However, a court has exclusive authority to rule on the Mass Action Waiver in Section 22.6, including any claim that the section is unenforceable, illegal, void, or voidable, or that it has been breached.

If a request to proceed in small claims court (see Section 22.2), is made after arbitration has been initiated, but before an arbitrator has been appointed, such arbitration will be administratively closed. Any controversy over the small claims court’s jurisdiction will be determined by the small claims court. If you or Inciteful challenge the small claims court election in your Dispute, and a court of competent jurisdiction determines that the small claims court election is unenforceable, then such election will be severed from this Arbitration Agreement as to your Dispute. However, such court determination will have no preclusive effect in another arbitration or court proceeding involving Inciteful and a different individual.

22.5.Jury Trial Waiver. You and Inciteful hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and Inciteful are instead electing that all Disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in Section 22.2 above. Court review of an arbitration award is subject to very limited review. Discovery may be limited in arbitration, and procedures are more streamlined than in court.

22.6.Mass Action Waiver. You and Inciteful agree that, except as specified in Section 22.7 below, each of us may bring claims against the other only on an individual basis and not on a class, collective, representative, or mass action basis, and the parties hereby waive all rights to have any Dispute be brought, heard, administered, resolved, or arbitrated on a class, collective, representative, or mass action basis. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this Section 22.6 are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Inciteful agree that that particular claim or request for relief (and only that particular claim or request for relief) will be severed from the arbitration and will be pursued in the state or federal courts located in Wilmington, Delaware, U.S.A. This subsection does not prevent you or Inciteful from participating in a class-wide settlement of claims.

22.7.Bellwether Arbitrations. To increase the efficiency of administration and resolution of arbitrations, you and Inciteful agree that if there are fifty (50) or more individual arbitration demands of a substantially similar nature brought against either party by or with the assistance of the same law firm, group of law firms, or organizations within a one hundred and eighty (180) day period (“Mass Filing”), the parties will select sixteen (16) individual arbitration demands (eight (8) per side) for arbitration to proceed (“Bellwether Arbitrations”). Only those sixteen (16) arbitration demands will be filed with the arbitration provider, and the parties will hold in abeyance, and not file, the non-Bellwether Arbitrations. Inciteful will pay the arbitration provider’s costs for the sixteen (16) Bellwether Arbitrations. The statutes of limitation, including the requirement to file within one (1) year in Section 22.10 below, will remain tolled when non-Bellwether arbitration demands are held in abeyance. While the Bellwether Arbitrations are adjudicated, no other demand for arbitration that is part of the Mass Filing may be processed, administrated, or adjudicated, and no filing or other administrative costs for such a demand for arbitration will be due from either party to the arbitration provider. If, contrary to this provision, a party prematurely files non-Bellwether Arbitrations with the arbitration provider, the parties agree that the arbitration provider will hold those demands in abeyance.

All parties agree that arbitration demands are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Any party may request that the arbitration provider appoint a sole standing administrative arbitrator (“Administrative Arbitrator”) to determine threshold questions such as (i) whether the Bellwether Arbitration process is applicable or enforceable, (ii) whether particular demand(s) are part of a Mass Filing, and (iii) whether demands within a Mass Filing were filed in accordance with these Terms, including Section 22.3. In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree that the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s costs will be paid by Inciteful.

The parties will work in good faith with the arbitrator to complete each Bellwether Arbitration within one hundred and twenty (120) calendar days of its initial pre-hearing conference. The parties agree that the Bellwether Arbitration process is designed to achieve an overall faster, more efficient, and less costly mechanism for resolving Mass Filings, including the claims of individuals who are not selected for a Bellwether Arbitration.

Following resolution of the Bellwether Arbitrations, the parties agree to engage in a global mediation of all remaining arbitration demands comprising the Mass Filing (“Global Mediation”). The Global Mediation will be administered by the arbitration provider administering the Bellwether Arbitrations. If the parties are unable to resolve the remaining demands for arbitration comprising the Mass Filing within thirty (30) calendar days following the mediation, the remaining demands for arbitration comprising the Mass Filing will be filed and administered by the arbitration provider on an individual basis pursuant to the arbitration provider’s rules, unless the parties mutually agree otherwise in writing. Any party may request that the arbitration provider appoint an Administrative Arbitrator to determine threshold questions regarding the newly filed demands.

The parties agree to cooperate in good faith with the arbitration provider to implement the Bellwether Arbitration process, including the payment of filing and administrative costs for the Bellwether Arbitrations, deferring any filing costs associated with the non-Bellwether Arbitration Mass Filings until the Bellwether Arbitrations and subsequent Global Mediation have concluded, and cooperate on any steps to minimize the time and costs of arbitration, which may include: (i) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (ii) the adoption of an expedited calendar of the arbitration proceedings. This Bellwether Arbitration provision will in no way be interpreted as authorizing a class, collective, or mass action of any kind, or an arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision. The statutes of limitation applicable to each arbitration demand within a Mass Filing, including the requirement to file within one (1) year in Section 22.10 below, will remain tolled from the time a party makes a Pre-Arbitration Demand to the time when that party files the arbitration demand with the arbitration provider.

22.8.Settlement Offers and Offers of Judgment. At least ten (10) calendar days before the date set for the arbitration hearing, you or Inciteful may serve a written offer of judgment upon the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance will be submitted to the arbitration provider, who will enter judgment accordingly. If the offer is not accepted prior to the arbitration hearing or within thirty (30) calendar days after it is made, whichever occurs first, it will be deemed withdrawn and cannot be given as evidence in the arbitration. If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party will not recover their post-offer costs and will pay the offering party’s costs from the time of the offer (which, solely for purposes of offers of judgment, may include reasonable attorneys’ fees to the extent they are recoverable by statute, in an amount not to exceed the damages awarded).

The parties agree that any disputes with respect to settlement offer(s) or offer(s) of judgment in a Mass Filing are to be resolved by a single arbitrator to the extent such offers contain the same material terms. For arbitrations involving represented parties, the represented parties’ attorneys agree to communicate individual settlement offer(s) or offer(s) of judgment to each and every arbitration claimant or respondent to whom such offers are extended.

22.9.Arbitration Costs. Except as provided for in a Mass Filing (see Section 22.7), your responsibility to pay any filing, administrative, and arbitrator costs will be solely as set forth in the applicable arbitration provider’s rules. If you have a gross monthly income of less than 300% of the federal poverty guidelines, you may be entitled to a waiver of certain arbitration costs.

22.10.Requirement to File Within One Year. To the extent permitted by applicable law, and notwithstanding any other statute of limitations, any claim or cause of action under these Terms (with the exception of disputes under Section 22.2(ii)) must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be permanently barred. The statute of limitations and any arbitration cost deadlines will be tolled while the parties engage in the informal dispute resolution process required by Section 22.3 above.

22.11.Opt-Out. You may reject this Arbitration Agreement and opt out of arbitration by sending an email to support@incitefulapp.com within thirty (30) calendar days after the date you created your account. Your opt-out notice must be individualized and must be sent from the email address associated with your individual account. An opt-out notice that purports to opt out multiple parties will be invalid as to all such parties. No individual (or their agent or representative) may effectuate an opt-out on behalf of other individuals. Your notice to opt out must include your first and last name, address, the email address associated with your account, and an unequivocal statement that you decline this Arbitration Agreement. If you do decide to opt out, that opt-out will apply to this Arbitration Agreement, and neither party will have the right to compel the other to arbitrate any Dispute. However, all other parts of this Arbitration Agreement will continue to apply to you, and opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may enter into in the future with us.

22.12.Severability. Except as provided in Section 22.6 above, if any provision of this Arbitration Agreement is found to be illegal or unenforceable, then that provision will be severed; however, the remaining provisions will still apply and will be interpreted to achieve the closest possible intent to the original intent of this section, inclusive of the severed provision.

23.Governing Law. These Terms are governed by and will be construed in accordance with the laws of the State of Delaware, U.S.A., without regard to i principles of conflicts of law, and regardless of your location. For all disputes between you and us other than those governed by the Arbitration Agreement, if any, you and Inciteful agree to exclusive jurisdiction of the federal and state courts located in New Castle County, Delaware, U.S.A., and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

24.Information or Complaints. If you have a question or complaint regarding the Service, please send an email to support@incitefulapp.com . Please note that email communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your email correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

25.Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998 (the DMCA) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on or through the Service infringe your copyright, you (or your agent) may send to Inciteful a written notice by mail, email, or fax, requesting that Inciteful remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Inciteful a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to Copyright Administrator as follows: By mail to Inciteful App LLC, 262 Chapman Rd, Ste 240 Newark DE 19702 ; or by email to support@incitefulapp.com .

26.Export Controls. You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant, and covenant that you are not (a) located in, or a resident or a national of, any country that is subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.

27.Promotions. Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will govern.

28.Taxes. Any and all fees are exclusive of sales, use, value-added, or similar taxes (“Taxes”). You are responsible for any applicable Taxes except those based on Inciteful’s income. Where required, Inciteful may collect Taxes on your behalf.

29.Miscellaneous. These Terms do not, and will not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Inciteful. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction. No waiver by either party of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms will be construed as if followed by the phrase “without limitation.” These Terms, including any terms and conditions incorporated herein, are the entire agreement between you and Inciteful relating to the subject matter hereof, and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and Inciteful relating to such subject matter. Notices to you (including notices of changes to these Terms) may be made via posting to the Service or by email (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Inciteful will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.