Terms of Service

Welcome to Critique AI. These Terms of Service (“Terms”) govern your use of the Critique AI mobile application and website (collectively, the “Service”) operated by With Bytes LLC (“we,” “us,” or “our”).

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.

THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 16 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

1. Agreement to Terms

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service. These Terms apply to all visitors, users, and others who access or use the Service. If you are accepting these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case “you” shall refer to such entity.

We may, at our sole discretion, modify or update these Terms from time to time. If we make material changes to these Terms, we will notify you either through the email address you have provided us or by placing a prominent notice on our Service. It is your responsibility to review these Terms periodically for changes. Your continued use of the Service after any such change constitutes your acceptance of the new Terms.

2. Service Description and Eligibility

Critique AI provides an AI-powered coaching platform designed to help users build confidence through personalized feedback and support. The Service includes the mobile application, website, and all related services provided by With Bytes LLC

To use our Service, you must be at least 13 years of age, or the minimum age required in your jurisdiction to consent to the processing of your personal information if higher. If you are under 18 years of age, you must have your parent or legal guardian's permission to use the Service and they must accept these Terms on your behalf.

You may need to register for an account to access certain features of the Service. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are solely responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.

3. Subscriptions and Payments

Certain aspects of the Service may be provided for a fee or other charge. If you elect to use such premium features, you agree to the pricing and payment terms as we may update them from time to time. Critique AI may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.

You may be required to provide Critique AI with information regarding your credit card or other payment instrument. You represent and warrant that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.

All payments are non-refundable unless otherwise expressly stated in these Terms or required by applicable law. You authorize Critique AI to charge your payment instrument for all fees incurred by you. If your payment cannot be completed, we may suspend or terminate your access to the Service.

Subscription services will automatically renew at the end of each subscription period unless you cancel your subscription before the end of the current subscription period. You may cancel your subscription at any time through your account settings or by contacting us. If you cancel your subscription, you will continue to have access to the subscription service until the end of your current subscription period, but you will not receive a refund for any fees already paid.

Critique AI reserves the right to change the subscription fees at any time. Any changes to the subscription fees will take effect following notice to you, which may be sent by email, or posted on the Service, or both.

4. User Content

Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, audios, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person or entity.

You retain any and all of your rights to any Content you submit, post, or display on or through the Service, and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service, you grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable, perpetual, and irrevocable license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service and across our affiliated and partnered services and products, including those that may be developed in the future.

You further grant us the right to use your username, profile picture, and information about your use of the Service in connection with the Content, without any obligation to compensate you. You acknowledge that we may implement technologies to monitor, screen, or analyze Content you post to ensure compliance with these Terms, applicable laws, and our policies. We reserve the right, but not the obligation, to monitor, edit, or remove Content at our sole discretion, for any reason or for no reason, including Content that we determine in our sole discretion violates these Terms.

You acknowledge and agree that we may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of Critique AI Inc., its users, or the public.

5. Artificial Intelligence and Data Usage

Our Service uses artificial intelligence (AI) technologies to provide personalized feedback and coaching. By using our Service, you acknowledge and agree that:

• The AI-generated content and feedback provided through the Service is for informational and educational purposes only and should not be considered professional advice.
• The accuracy, completeness, or usefulness of AI-generated content cannot be guaranteed, and we are not responsible for any errors, omissions, or inaccuracies in such content.
• We may use your Content and interaction data to train, improve, and develop our AI systems and algorithms.
• We may use anonymized or pseudonymized data derived from your Content for research, analytics, and product development purposes.
• The AI systems may process your Content in ways that you did not intend or expect, and we are not liable for any consequences resulting from such processing.

You represent and warrant that you have all necessary rights, permissions, and consents to allow us to use your Content as described in these Terms, including for AI training and development purposes.

6. Prohibited Uses

You agree not to use the Service in any way that:

• Violates any applicable law, regulation, or legal right of another person or entity.
• Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable.
• Involves sending unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, or any other form of solicitation.
• Involves commercial activities without our prior written consent, such as contests, sweepstakes, barter, or pyramid schemes.
• Impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity.
• Interferes with, disrupts, or creates an undue burden on servers or networks connected to the Service.
• Attempts to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service through hacking, password mining, or any other means.
• Introduces any viruses, Trojan horses, worms, logic bombs, or other harmful material to the Service.
• Attempts to reverse engineer, decompile, or disassemble any software used to provide the Service.
• Harvests or collects information about other users without their consent.
• Uses the Service in a manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service.
• Uses any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
• Uses any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.
• Uses any device, software, or routine that interferes with the proper working of the Service.
• Creates multiple accounts to evade fees, restrictions, or limitations.
• Uses the Service to engage in any activity that constitutes a criminal offense or gives rise to civil liability.
• Uploads, posts, or shares Content that violates another's intellectual property rights.
• Attempts to circumvent any content-filtering techniques, security measures, or access controls that we employ.

We reserve the right to terminate your use of the Service for violating any of the prohibited uses or for any other reason at our sole discretion.

7. Intellectual Property

The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of With Bytes LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of With Bytes LLC

All content included on the Service, such as text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of With Bytes LLC or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on the Service is the exclusive property of With Bytes LLC and is protected by United States and international copyright laws.

With Bytes LLC respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
• Identification of the copyrighted work claimed to have been infringed.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
• Contact information for the copyright owner or authorized representative, including your address, telephone number, and an email address.
• A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate the accounts of users who are repeat copyright infringers.

8. Feedback

If you provide us with any feedback, suggestions, recommendations, or other input regarding the Service (“Feedback”), you hereby assign to us all rights, title, and interest in and to such Feedback. You agree that we shall be free to use, disclose, reproduce, license, distribute, and otherwise commercialize the Feedback in any manner, without restriction or obligation of any kind or nature. You will not be entitled to any compensation for your Feedback.

9. Third-Party Services

The Service may contain links to third-party websites or services that are not owned or controlled by With Bytes LLC We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that With Bytes LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. We reserve the right to terminate your use of the Service if you use third-party services in violation of these Terms.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. With Bytes LLC AND ITS AFFILIATES, SUBSIDIARIES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

With Bytes LLC MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM With Bytes LLC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

THE SERVICE IS NOT INTENDED TO PROVIDE PROFESSIONAL ADVICE. THE INFORMATION AND CONTENT PROVIDED THROUGH THE SERVICE, INCLUDING AI-GENERATED FEEDBACK AND COACHING, IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. With Bytes LLC IS NOT RESPONSIBLE FOR ANY ACTIONS YOU TAKE BASED ON THE INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL With Bytes LLC, ITS AFFILIATES, DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT With Bytes LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF With Bytes LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

IN NO EVENT SHALL With Bytes LLC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO With Bytes LLC IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

12. Indemnification

You agree to defend, indemnify, and hold harmless Critique AI Inc. and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or Content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule, or regulation; (v) your user Content or any Content that is submitted via your account, including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party's access and use of the Service with your unique username, password, or other appropriate security code. This defense and indemnification obligation will survive these Terms and your use of the Service.

In the event of such a claim, suit, or action (“Claim”), we will provide you with written notice of the Claim, if permitted by law. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these Claims. You agree not to settle any matter without the prior written consent of Critique AI Inc.

13. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.

If you wish to terminate your account, you may simply discontinue using the Service, or you may deactivate your account through the Service's interface, if available. Notwithstanding the foregoing, if you have purchased a subscription, you will need to cancel your subscription in accordance with the procedures described in Section 3 above.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of the Service or your access to the Service. If termination is due to your failure to comply with any of these Terms, you will not be entitled to any refund of any fees paid for the Service.

14. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by With Bytes LLC without restriction. Any assignment or transfer by you shall be null and void.

15. Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

16. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND CRITIQUE AI INC. HAVE AGAINST EACH OTHER ARE RESOLVED.

You and With Bytes LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Service (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and With Bytes LLC are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Section 16. (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Florida and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Unless you and With Bytes LLC otherwise agree, the arbitration will be conducted in Miami-Dade County, Florida. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and With Bytes LLC submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of Section 11 “Limitation of Liability” as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim.

Your responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as set forth in the AAA Rules.

Notwithstanding the provisions of Section 14 “Assignment”, this Section 16 “Dispute Resolution” shall survive any termination of these Terms and/or your use of the Service.

17. Class Action Waiver

YOU AND With Bytes LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Critique AI Inc. agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

18. Governing Law

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Miami-Dade County, Florida, and you hereby consent to the personal jurisdiction and venue therein.

19. Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

20. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

21. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices and agreements published by With Bytes LLC via the Service, shall constitute the entire agreement between you and With Bytes LLC concerning the Service and supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and With Bytes LLC with respect to the Service.

22. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Service.

23. Contact Us

If you have any questions about these Terms, please contact us at legal@critiqueai.app