Terms of Service

Date of Last Revision: September 18, 2026 · Terms version 3.0 · Tack by Certifyde, extension version 1.0.0

1. Welcome to Certifyde!

1.1 Introduction:

Certifyde, Inc. ("Certifyde," "we," "us," "our") provides its services (described below) to you through its web application located at https://tack.certifyde.ai (the "Site"), its Chrome browser extension, Tack by Certifyde ("Tack"), (the "Extension"), and related services (collectively, such services, including any new features and applications, the Extension and the Site, the "Service(s)"), subject to the following Terms of Service (the "Terms"). Please read these Terms carefully because your use of the Service constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not install the Extension or access or use the Service. PLEASE READ THESE TERMS CAREFULLY, AS THEY GOVERN YOUR USE OF THE SITE, THE EXTENSION AND THE SERVICES, PARTICULARLY SECTION 4 (WHAT YOU AUTHORISE CERTIFYDE TO DO) AND SECTION 13 (BINDING ARBITRATION; CLASS ACTION/JURY TRIAL WAIVER), WHICH AFFECTS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US.

1.2 Modifications to Terms of Service:

We reserve the right, in our sole discretion, to change or modify portions of these Terms at any time. If we do this, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these Terms were last revised and/or notify you, either through the Services' user interface, in an email notification or through other reasonable means and as required by applicable law. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms.

A change to Section 3 (Terms of Sale), Section 12 (Limitation of Liability) or Section 13 (Binding Arbitration) will not take effect for you until we have given you actual notice of it and you have agreed to it, unless the change is in your favour or is required by law. Section 13's own 30-day rejection right applies to any change to that section. A change to how we use your information is governed by section 15 of the Privacy Policy, which requires your consent before a new use begins.

1.3 Privacy:

At Certifyde, we respect the privacy of our users. For details please see our Privacy Policy. The Privacy Policy is the authoritative description of what the Extension reads, what it does not, and how long anything is kept. Nothing in these Terms widens it, and where these Terms and the Privacy Policy differ about what may be done with your information, the Privacy Policy governs.

Your permission for the Extension to read your pages is given through the consent screen in the Extension, not by accepting these Terms. Accepting these Terms is not consent to capture, and you can withdraw the consents you gave in the Extension without terminating these Terms.

2. Access and Use of the Service

2.1 Use Description:

Certifyde observes the work you do in the web applications you already use, learns the jobs you repeat, and offers them back to you as "shortcuts" it can carry out with you. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to install and use the Extension and to access the Service, for your own work. Except for that limited licence, no right, title or interest is transferred to you. Certifyde may revoke your licence at any time in its sole discretion.

2.2 One Account, One Person:

This version of the Service has one seat per account. It is not deployed to you by an employer or organisation, no administrator configures it, monitors it or receives reporting about your use of it, and there is no team surface of any kind. You install it, you consent to it, and you can delete it and everything it holds yourself. If you install it in connection with your employer's work, section 4.1 still applies: you are responsible for being permitted to have that work processed.

2.3 Your Registration Obligations:

You are required to register in order to use the Service. By registering, you agree to provide and maintain true, accurate, current and complete information about yourself. Registration data and certain other information about you are governed by our Privacy Policy. The Service is not available to individuals under the age of 18, and you may not register or use it if you are under 18.

2.4 Member Account, Password and Security:

You may never use another's account, and you may not provide another person with the credentials to access your account. You should maintain control over all of the devices and browser profiles that are used to access the Service; because the Extension reads the pages open in the browser profile it is installed in, control of that profile is control of what the Service sees. You are fully responsible for all activity that occurs under your account. You agree to (a) immediately notify Certifyde of any unauthorised use of your account or any other breach of security, and (b) sign out of the Extension when you do not want it to be capturing. Certifyde will not be liable for any loss or damage arising from your failure to comply with this Section. This section is subject to section 4.4: an action carried out through a session or a grant used without your authority is not one you are responsible for under it.

2.5 Modifications to Service:

Subject to section 14, Certifyde reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Certifyde will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We have no obligation to retain any of your account or submitted content for any period of time beyond what may be required by applicable law, and the retention periods in the Privacy Policy are maximums, not commitments to keep anything for that long.

3. Terms of Sale

3.1 Free Tier and Trial:

The Service has a free tier. No payment card is required to install the Extension, to create an account, or to use the free tier. When you first turn on a paid feature, a fourteen (14) day free trial begins. You may cancel at any time during the trial and you will not be charged.

3.2 Fees:

After the trial, a subscription to the Service costs US$19.00 per month, billed monthly in advance, plus any applicable taxes.

Nothing is charged unless you provide a payment method and expressly agree to the subscription. If you do not, the trial simply ends and the paid features become unavailable; no fee accrues and no invoice follows. When you do subscribe, we will show you the price, the billing frequency, the date of the first charge, that it renews automatically each month until cancelled, and how to cancel, and you will agree to those terms before the first charge. You then authorise Certifyde, through our payment processor, to charge your chosen payment method the subscription fee each month until you cancel. You represent and warrant that the payment information you provide is true and that you are authorised to use the payment instrument, and you will promptly update it if it changes.

We reserve the right to change our prices. As section 1.2 requires for any change to this Section 3, a price change does not take effect for you until we have given you actual notice of it and you have agreed to it; if you do not, your subscription continues at the existing price until the end of the period you have paid for and then ends. If you dispute any charge you must let Certifyde know within sixty (60) days after the date that Certifyde charges you. You are responsible for all taxes associated with the Services other than U.S. taxes based on Certifyde's net income.

3.3 Cancellation:

You may cancel your subscription at any time, from the billing section of the Service or by writing to support@certifyde.com; we will not require you to call anybody. Cancellation takes effect at the end of the billing period you have paid for; you keep access until then. Fees already paid are not refundable except where required by applicable law or where we say otherwise in writing.

Cancelling a subscription does not by itself delete your account or your data — to delete those, use the delete-account action in the Service or write to privacy@certifyde.com. Deleting your account cancels your subscription: we will not renew or charge a deleted account.

3.4 Third-Party Payment Processors:

You agree to pay us, through our payment processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms presented to you at the time of purchase. Card and bank details are collected and processed by that processor and are never received or stored by Certifyde. We reserve the right to correct, or to instruct our payment processor to correct, any errors or mistakes, even if payment has already been requested or received.

4. What You Authorise Certifyde to Do

This Section is the heart of the agreement. Read it.

4.1 Reading the pages you work in:

After you sign in and answer the consent screen, the Extension reads the pages you work in — their content, what you enter, and the requests those pages make — and sends them to Certifyde to be read by our models. It does this on whichever sites you work in; the set is yours, not ours. You authorise that reading, for your own account, for the purposes stated in the Privacy Policy.

You are responsible for having the right to let us read what you work in. If the pages you work in contain your employer's confidential information, a client's information, another person's personal data, or material you are under a duty of confidence about, you represent that you are permitted to have it processed by a service provider on the terms of the Privacy Policy, and you agree that obtaining any consent or approval that needs obtaining is yours to obtain, not ours. If you are not permitted, do not install the Extension, or sign out before working in those pages.

4.2 Connecting applications, and acting under your grant:

When you connect an application, you grant Certifyde access to it through that application's own authorisation screen, under your own account, with the scopes shown to you there. You authorise Certifyde to use that grant to read what a shortcut needs and to make the writes you approve, and you confirm that you have the right under your agreement with that application to grant a third party such access. You remain bound by that application's own terms, and a suspension or charge it imposes because of activity Certifyde carried out on your instruction is between you and it.

4.3 Approvals, and the limits of them:

Before a shortcut carries out a step that sends, writes or changes anything in another application, it stops and asks you. You see the operation and the exact values it would use, and you can edit them or refuse. Read-only steps — gathering what a shortcut needs before it proposes anything — run without a separate approval, and you authorise those reads.

When you approve a step, you are making that change yourself, through Certifyde. You are responsible for reviewing the operation and the values you are shown before you approve them, and for the consequences of an action that Certifyde then carried out materially as it was presented to you — including an email sent, a row written, a record changed, a file shared or a message posted.

That responsibility does not extend to an action Certifyde executed differently from the one you approved, executed more than once, executed against the wrong account or connection, executed after you refused or withdrew it, or executed because of a defect or security failure in the Service. Approving a step does not waive any right that cannot lawfully be waived. Section 12 states the other limits on our liability.

4.4 If your account or a grant is compromised:

Tell us at support@certifyde.com as soon as you believe your account, your browser profile or a grant you gave has been compromised, and revoke the grant at the application. We will suspend the account on request. An action carried out through a session or grant that was used without your authority is not an action you approved, and section 4.3 does not make you responsible for it; you remain responsible for keeping your own credentials and devices under your control, as section 2.4 says.

4.5 Disconnecting, and revoking:

Disconnecting an application in Certifyde deletes the grant we hold for it and stops new requests being made under it. It does not by itself revoke Certifyde's access at that application — to do that, use the application's own permissions page, for example your Google Account's third-party access page — and an access token already issued may remain valid at that application until it expires or you revoke it there. A request already dispatched when you disconnect may complete; a step approved but not yet dispatched will not be. What we already hold from that application is kept and deleted as the Privacy Policy describes.

5. Conditions of Use

5.1 User Conduct:

You are solely responsible for the content you work in, enter, approve and cause the Service to produce. You agree not to use the Service to:

Certifyde reserves the right to investigate and take appropriate action against anyone who, in Certifyde's sole discretion, violates this provision, including suspending or terminating the account and reporting the matter to law enforcement.

5.2 Commercial Use:

You may use the Service for your own work, including your work for your employer. You may not resell, sublicense, or provide the Service to third parties as a service of your own, and you may not use the Service to provide a substantially similar product.

5.3 Special Notice for International Use; Export Controls:

Software available in connection with the Service and the transmission of applicable data may be subject to export controls and economic sanctions of the United States. You agree that you will comply with all such laws and that you are not a person with whom, or located in a territory in which, dealings are prohibited under the applicable United States sanctions and export-control lists. You are responsible for complying with the laws of your own jurisdiction regarding the use of the Service, including any law governing the monitoring or recording of activity in an application your employer or a third party provides you.

6. Your Content, and the Licence You Give Us

6.1 Your Content:

"Your Content" means the pages the Extension captures from your browser, the values you enter and approve, the descriptions you write, what a shortcut reads from an application you connected, and the records of runs.

As between you and Certifyde, you and any other rights holder keep whatever rights you have in Your Content. Certifyde acquires no ownership of it by processing it. You may not own all of it — a captured page may belong to your employer, a client, a correspondent or the application it came from — and you grant only rights you actually have the authority to grant.

6.2 The licence:

To the extent you have authority to do so, you grant Certifyde a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, process, analyse and transform Your Content; to display it and the records made from it back to you; and to transmit it to the service providers named in the Privacy Policy, and to the applications and recipients your approved steps direct it to, solely to:

(a) provide, maintain and secure the Service for you; (b) create training examples from page captures, and train, fine-tune and evaluate Certifyde's own models on them, as section 6.2 of the Privacy Policy describes and only for the user-facing purposes disclosed there; and (c) comply with law.

This licence is not perpetual, not irrevocable, and carries no right to publish Your Content or to distribute it for any purpose other than carrying out your instructions. It is sublicensable only to the service providers named in the Privacy Policy, acting on our behalf under contract. It does not extend to using Your Content to train any third party's model.

Paragraph (b) excludes anything obtained through a connected application's API, and anything derived from it.

The licence lasts only as long as the relevant content is lawfully retained under the Privacy Policy. After termination, any permission that continues is limited to completing deletion, security, and legal compliance — never to new model training. Nothing in this licence reduces your rights under applicable law or permits any use the Privacy Policy does not.

6.3 Feedback:

Questions, comments, suggestions, ideas and feedback about the Service ("Submissions") that you provide to Certifyde are non-confidential, and Certifyde is entitled to use them for any purpose without acknowledgment or compensation to you. This section covers your remarks about the product; it does not cover Your Content.

6.4 Preservation and disclosure:

You acknowledge that Certifyde may preserve Your Content and may disclose it if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that content violates the rights of third parties; or (d) protect the rights, property or personal safety of Certifyde, its users and the public.

Any such preservation or disclosure is limited to the information and the period reasonably necessary for that purpose, and is subject to the Privacy Policy. This section does not apply to information obtained through Google APIs, for which sections 5 and 9 of the Privacy Policy govern and permit disclosure only as they state.

6.5 Confidentiality:

Certifyde will treat Your Content as confidential. We will not disclose it except as these Terms and the Privacy Policy permit, we will limit access to the staff who need it for the purposes stated in the Privacy Policy, and we will protect it with the safeguards described there. If we are compelled by law to disclose it, we will give you notice where we are lawfully able to. This obligation does not apply to information that is or becomes public through no act of ours, or that we developed independently.

6.6 Security incidents:

If we become aware of a breach of security leading to the accidental or unlawful destruction, loss or alteration of, or the unauthorised disclosure of or access to, Your Content or personal data we process, we will notify you without undue delay at the email address on your account, tell you what we know, cooperate reasonably with you in responding to it, and comply with any notification obligation the law puts on us.

6.7 Data processing terms:

If you use the Service with information for which another person or organisation is the controller under a data protection law, a data processing addendum is available from privacy@certifyde.com. It must be agreed before that processing begins, and once agreed it forms part of these Terms for that processing and prevails over these Terms where they differ.

6.8 Prohibited uses involving regulated information:

The Service is not designed or certified for protected health information subject to HIPAA, for cardholder data within the scope of PCI DSS, or for classified or export-controlled technical data. Do not use the Service to process any of those. This is a prohibition on you, not a control in the product: the Extension does not detect such information and will not block a page that contains it.

7. Intellectual Property Rights

7.1 Service Content, Software and Trademarks:

The Service, the Extension, and all software, text, design, graphics, interfaces, models, prompts and other material Certifyde provides through them (the "Service Content"), and all intellectual property rights in them, are owned by Certifyde or its licensors and are protected by United States and international law. You may not copy, modify, create derivative works from, reverse-engineer, decompile, publicly display, distribute, sell or license the Service Content, except as these Terms expressly permit or to the extent such a restriction is prohibited by applicable law, including any right you have to carry out interoperability or good-faith security research. "Certifyde", the Certifyde logo and any other Certifyde marks are trademarks of Certifyde, Inc. and may not be used without our prior written permission.

As between you and Certifyde, and subject to any third-party rights and to section 6, you own the shortcuts, descriptions and other output the Service produces from Your Content. Because model output is probabilistic, the Service may produce the same or similar output for other people, and neither of you acquires rights against the other because of that.

7.2 Third Party Material:

The Service reads and writes to applications operated by third parties and displays their names and marks so you can recognise them. Those names and marks belong to their owners, and their appearance in the Service is identification, not endorsement or affiliation.

7.3 Copyright Complaints:

If you believe material accessible through the Service infringes your copyright, send a written notice containing the information the Digital Millennium Copyright Act requires to:

Certifyde, Inc. 465 Brickell Avenue CU-1 Miami, FL 33131 support@certifyde.com

We will respond to properly submitted notices and counter-notices as the DMCA provides, and we may terminate the accounts of repeat infringers.

8. Third Party Websites and Applications

The Service works inside, and connects to, websites and applications operated by third parties. Certifyde does not control them, does not endorse them, and is not responsible for their content, their availability, their terms, their privacy practices, or anything they do with a request Certifyde makes under your grant. Your dealings with any third-party application are between you and it. An application may change its interface, its API or its terms at any time, which may break a shortcut without notice; that is a limitation of the Service, not a breach of these Terms.

9. Artificial Intelligence; No Professional Advice

9.1 Models make mistakes:

The Service uses large language models to read pages and to propose actions. Their output is probabilistic. It may be incomplete, out of date, or wrong in ways that look right, and the same input may produce different output on different occasions. You must review what the Service proposes before you approve it. Certifyde does not warrant that any output is accurate, complete or fit for any purpose.

9.2 Not advice:

Nothing the Service produces is legal, financial, tax, accounting, medical or other professional advice, and it is not a substitute for a qualified professional's judgment. Do not rely on it as such.

9.3 Your review is the control:

The approval gate described in section 4.3 is the control that stands between a model's proposal and a change in the real world. You agree not to defeat it, and — subject to the exclusions in section 4.3 — you accept that if you approve a proposal without reading it, the consequences are yours.

10. Indemnity and Release

To the fullest extent permitted by law, you agree to release, indemnify and hold Certifyde and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, Your Content, the pages you worked in while the Extension was capturing, the grants you gave to third-party applications, the actions you approved, your connection to the Service, your violation of these Terms or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Neither this release nor this indemnity covers a claim to the extent it arises from Certifyde's own breach of these Terms, its negligence or wilful misconduct, or its failure to carry out an approved action as it was presented to you. To claim under the indemnity we will notify you promptly of the claim, give you the opportunity to assume its defence with counsel of your choice, cooperate with you at your expense, and not settle it in a way that imposes an obligation on you without your written consent.

11. Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, CERTIFYDE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

CERTIFYDE 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, INCLUDING ANY OUTPUT OF A MODEL OR ANY ACTION A SHORTCUT CARRIES OUT, WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

12. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CERTIFYDE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CERTIFYDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, 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) ANY ACTION A SHORTCUT CARRIED OUT, INCLUDING ONE YOU APPROVED; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL CERTIFYDE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID CERTIFYDE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

THE EXCLUSIONS AND LIMITS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND DO NOT APPLY TO LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION, WILFUL MISCONDUCT, DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, OR ANY OTHER LIABILITY THAT APPLICABLE LAW DOES NOT PERMIT TO BE EXCLUDED OR LIMITED, INCLUDING LIABILITY UNDER APPLICABLE DATA PROTECTION LAW.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS, AND SUBJECT TO ANY REMEDY APPLICABLE LAW GIVES YOU THAT CANNOT BE WAIVED, YOUR REMEDY IS TO DISCONTINUE USE OF THE SERVICE AND UNINSTALL THE EXTENSION.

13. Binding Arbitration; Class Action Waiver

You and Certifyde agree that these Terms affect interstate commerce and that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section 13 is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us or the Terms or the Service, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.

If you have any dispute with us, you agree that before taking any formal action, you will contact us at Certifyde, 465 Brickell Avenue CU-1 Miami, FL 33131 and support@certifyde.com, and provide a brief, written description of the dispute and your contact information (including the email address on your account, if your dispute relates to an account). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a condition to either party initiating a lawsuit or arbitration.

All disputes, claims, or controversies arising out of or relating to the Terms or the Service that are not resolved by the procedures identified above shall be resolved by individual (not group) binding arbitration to be conducted before JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing, unless you and we both agree to another location or telephonic arbitration. For residents outside the United States, arbitration will be held in San Francisco, California, and you and Certifyde agree to submit to the personal jurisdiction of any federal or state court in San Francisco, California in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

Certifyde shall bear the cost of any arbitration filing fees and arbitration fees for claims of up to $75,000, unless the arbitrator finds the arbitration to be frivolous. You are responsible for all other additional costs that you may incur in the arbitration including but not limited to attorneys' fees and expert witness costs unless Certifyde is otherwise specifically required to pay such fees under applicable law. If your claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing.

You and we agree that the arbitration shall be conducted in the party's respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND CERTIFYDE 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. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Notwithstanding the parties' decision to resolve all disputes through arbitration, you or we may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). You or we may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction to the extent such claims do not seek equitable relief.

You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to Certifyde at the address identified in Section 17 below. The notice must be sent within thirty (30) days of (a) the "Date of Last Revision" date of these Terms as set forth above; or (b) your first date that you used the Services that contained any versions of the Terms that included this version of the mandatory arbitration and class action waiver, whichever is later. Otherwise you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Certifyde also will not be bound by them. If Certifyde changes this 'Arbitration' section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the "Date of Last Revision" date above or in the date of Certifyde's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and Certifyde in accordance with the provisions of this section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

YOU UNDERSTAND AND AGREE THAT, SUBJECT TO THE EXCEPTIONS AND THE OPT-OUT RIGHT EXPRESSLY STATED IN THIS SECTION AND TO ANY RIGHT APPLICABLE LAW DOES NOT PERMIT TO BE WAIVED, THE ABOVE DISPUTE PROCEDURES SHALL BE THE PROCEDURE FOR ANY DISPUTE BETWEEN YOU AND CERTIFYDE REGARDING ANY ASPECT OF THE SERVICE, AND THAT YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.

JURY TRIAL WAIVER. TO THE EXTENT ANY DISPUTE BETWEEN YOU AND CERTIFYDE PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND CERTIFYDE EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY IN THAT PROCEEDING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. This jury waiver is covered by the 30-day opt-out above: a notice opting out of this section opts you out of the jury waiver as well as of arbitration and the class-action waiver.

Where JAMS's minimum standards for consumer arbitrations apply, those standards govern the allocation of arbitration fees and the arbitration's location, and prevail over anything in this section that is inconsistent with them.

14. Term and Termination

These Terms apply from the moment you install the Extension or create an account, and continue until terminated.

You may terminate at any time by deleting your account in the Service, which deletes your data as described in section 8 of the Privacy Policy, and by uninstalling the Extension.

Certifyde may suspend or terminate your account or your use of the Service, for any reason, including without limitation for lack of use, non-payment, or if Certifyde believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination may be referred to appropriate law enforcement authorities. Certifyde may also in its sole discretion and at any time discontinue providing the Service, or any part thereof.

If we terminate your account or discontinue the Service while you have paid for a period that has not run, and you have not materially breached these Terms, we will refund the unused portion of what you paid and give you at least thirty (30) days' notice and a window in which to ask for an export of your data before it is deleted.

On termination, your licence to use the Service ends and your data is handled as the Privacy Policy describes. Signing out or uninstalling the Extension is what stops your browser sending anything further — do that as well, because a session already issued to your browser is not necessarily invalidated the instant an account is closed. Sections 6.1, 6.3, 6.4, 6.5, 6.6, 7, 10, 11, 12, 13 and 15 survive termination, as does section 6.2 solely to the limited extent that section itself states.

15. General

These Terms constitute the entire agreement between you and Certifyde and govern your use of the Service, superseding any prior agreements between you and Certifyde with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. Where these Terms, the Privacy Policy and any data processing addendum differ, the addendum governs the processing it covers, the Privacy Policy governs what may be done with your information, and these Terms govern the rest. These Terms will be governed by the laws of the State of Florida without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth in Section 13 above, you and Certifyde agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Miami-Dade County, Florida — except for the arbitration-related proceedings that Section 13 assigns to the courts of San Francisco, California, and subject to any mandatory forum that applicable law gives you. Neither party is liable for a failure to perform caused by an event beyond its reasonable control. The failure of Certifyde to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You may not assign these Terms; Certifyde may assign them in connection with a merger, acquisition or sale of assets.

16. Chrome Web Store

The Extension is distributed through the Chrome Web Store, and your installation and use of it are also subject to Google's own terms for that store and for the Chrome browser. Nothing in these Terms overrides them. Google is not a party to these Terms and has no obligation or liability in respect of the Extension or the Service.

17. Questions? Concerns? Suggestions?

Please contact us at 465 Brickell Avenue CU-1 Miami, FL 33131, support@certifyde.com, or through our support channels on the Service to report any violations of these Terms or to pose any questions regarding these Terms or the Service.


What changed in this version

These are substantially new Terms, because the product they cover now takes actions in the applications you connect. In summary: Section 4 sets out exactly what you authorise — page capture, the optional the grant you give a connected application, and the approval that stands in front of every write — and what happens if something is executed differently from what you approved; Section 6 replaces the old, very broad content licence with a narrow one tied to running the Service; Section 9 addresses model output and says it is not professional advice; and the course, certification and mobile-application provisions have been removed because the product has none. The governing law, venue and arbitration terms are unchanged. Earlier versions of this document are available on request.