Terms of Service
Effective Date: August 19, 2025
By accessing or using any services, websites, applications, or tools provided by Bower Industries, Inc. ("Bower," "Company," "we," or "us"), you ("User" or "you") agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and Bower. If you do not agree to any part of these Terms, you must not use the Service.
1. Acceptance of Terms
By accessing or using any services, websites, applications, or tools provided by Bower Industries, Inc. ("Bower," "Company," "we," or "us"), you ("User" or "you") agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and Bower. If you do not agree to any part of these Terms, you must not use the Service.
By accepting these Terms, you also agree to abide by any additional guidelines, policies, or rules that we may post or inform you of (such as our Privacy Policy). All such additional terms are incorporated by reference into these Terms. If you are using the Service on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" shall refer to both you as an individual and the entity. You affirm that you are able and legally competent to enter into this agreement.
2. Use License
Subject to your compliance with these Terms, Bower grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our AI-powered geolocation intelligence and analysis services (the "Service") for your internal business or personal use. This license is provided solely for your lawful use of the Service as intended by Bower.
Under this license, you may access, view, and interact with the Service and any content made available through it. You may not modify, distribute, sell, or lease any part of our Service or included software, nor may you reverse engineer or attempt to extract the source code of that software, except to the extent laws expressly permit despite this limitation. All rights not expressly granted to you are reserved by Bower and its licensors. This use license does not transfer any ownership rights; it only permits you to use the Service under the conditions stated in these Terms.
3. Service Description
Bower provides an AI-powered geolocation intelligence and analysis platform. The Service may allow you to input, analyze, and visualize geolocation data, and may generate reports, insights, or other analytical outputs (collectively, the "Results"). Bower makes no guarantee that the Service or Results will meet all of your expectations or requirements. The specific features and functionalities of the Service are described on our website or application and may evolve over time.
Bower reserves the right to add, change, suspend, or discontinue any part of the Service or any feature at any time, including the availability of any content or database. We will attempt to provide notice of material changes when feasible, but we are not obligated to do so. You acknowledge that the Service may periodically be updated with tools, utilities, improvements, or general updates to enhance and further develop the Service. All new features that augment or enhance the current Service shall be subject to these Terms.
4. User Accounts
To access certain features of the Service, you may be required to create a user account. You agree to provide accurate, current, and complete information during registration and at all other times when you use the Service, and to update information promptly as necessary. You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. You must not share your account or password with others, and you agree to notify us immediately at legal@bower.ai of any unauthorized access or use of your account.
You are responsible for any activity on your account, whether or not authorized by you. Bower is not liable for any loss or damage arising from your failure to keep your account information secure. We reserve the right to suspend or terminate your account (in addition to any other rights or remedies we may have) if any information provided during the registration process or thereafter is or becomes false, inaccurate, not current, or incomplete, or if we have reason to believe that your account is being used in violation of these Terms or any applicable law.
5. Privacy
Your privacy is important to us. Our practices concerning the collection, use, and disclosure of personal information are described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you acknowledge that you have read and understood the Privacy Policy and consent to the collection and use of your information as described therein. If you do not agree with the Privacy Policy, you should not use the Service.
In using the Service, you may input or upload data, including geolocation or personal data. You represent and warrant that you have all necessary rights and consents to provide such data to Bower and that doing so will not violate any applicable law or any third party's privacy or intellectual property rights. We will handle any personal data you provide in accordance with our Privacy Policy and applicable U.S. federal and Florida state privacy laws. For more information on how we collect, use, retain, and disclose data, please review our Privacy Policy or contact us at legal@bower.ai.
6. Prohibited Uses
You agree that you will only use the Service for lawful purposes and in accordance with these Terms. You shall not (and shall not permit any third party to) misuse the Service. Prohibited uses include, but are not limited to, the following:
- Illegal Activities: Using the Service for any unlawful purpose or in furtherance of illegal activities; violating any applicable federal, state, local, or international law or regulation while using the Service.
- Unauthorized Monitoring or Stalking: Using the Service to track, monitor, or identify an individual person without their knowledge and consent, or in any manner that violates privacy rights, data protection laws, or anti-stalking/harassment laws. You must not use geolocation data obtained from the Service to violate the rights or safety of any individual.
- Intellectual Property Infringement: Uploading, transmitting, or otherwise making available any content that infringes or misappropriates any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights of any party.
- Interference with Service: Attempting to interfere with or disrupt the integrity, security, or performance of the Service or the data contained therein. This includes introducing viruses, worms, malware, or any other harmful code, engaging in denial-of-service attacks, or other activities that interfere with access to or use of the Service by us or other users.
- Unauthorized Access: Attempting to gain unauthorized access to any portion or feature of the Service, any other systems or networks connected to the Service, or any server used by Bower by hacking, password "mining," or any other illegitimate means. You may not impersonate any person or entity or misrepresent your affiliation with a person or entity when using the Service.
- Circumvention and Reverse Engineering: Circumventing or disabling any security or technological features of the Service, or decompiling, reverse engineering, disassembling, or otherwise attempting to derive the source code or underlying ideas or algorithms of the Service (except to the limited extent permitted by applicable law).
- Excessive or Improper Use: Using any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Service or to extract data; or engaging in any activity that imposes an unreasonable or disproportionately large load on our infrastructure.
- Commercial Exploitation: Reselling, sublicensing, or commercially exploiting the Service or content obtained from the Service, without our prior written consent. The Service is licensed for your use only, and you may not use it to provide services to third parties as a service bureau or otherwise circumvent our commercial offerings.
- Content Restrictions: Posting or transmitting any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group.
- Violation of Others' Rights: Using the Service in any manner that violates the rights of others, including without limitation, their privacy, publicity, or other personal or proprietary rights; or soliciting personal information from minors without appropriate parental consent.
Bower reserves the right to investigate and take appropriate legal action against anyone who, in Bower's sole discretion, violates these Prohibited Uses. This may include reporting you to law enforcement authorities or terminating your account and access to the Service.
7. Intellectual Property
Ownership by Bower: All rights, title, and interest in and to the Service (including but not limited to any software, algorithms, databases, analytical models, web design, text, graphics, logos, trademarks, service marks, and content provided by Bower) are and will remain the exclusive property of Bower and/or its licensors. The Service is protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Bower Industries™, Bower™ and associated logos are trademarks of Bower Industries, Inc. or its affiliates. You are not granted any right or license to use the Bower name or any of Bower's trademarks, logos, domain names, or other brand features without our prior written permission.
License to User Content: You retain any ownership rights you have in the data, information, or content you input, upload, or submit to the Service ("User Content"). By providing or submitting User Content, you grant Bower and its affiliates a worldwide, royalty-free, non-exclusive license to use, host, store, reproduce, modify, create derivative works from (such as results generated from your data through our algorithms), display, and distribute your User Content solely for the purposes of operating, providing, and improving the Service and as otherwise permitted by our Privacy Policy. We will not use your User Content for any other purposes except with your consent or as required by law. You represent and warrant that you have all necessary rights to grant this license and that the use of your User Content by Bower as contemplated by these Terms will not infringe or violate the rights of any third party.
Feedback: If you send or transmit any communications or materials to Bower suggesting or recommending changes to the Service, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like ("Feedback"), you hereby grant to Bower a perpetual, irrevocable, royalty-free, worldwide license to use and incorporate such Feedback into the Service or otherwise for any purpose. Bower shall have no obligation to acknowledge or compensate you for any Feedback you provide.
No Implied Rights: Except for the limited use license granted to you in Section 2 and your own User Content, nothing in these Terms shall be construed as granting any license or rights by implication, estoppel, or otherwise in or under any intellectual property of Bower or its licensors. All rights not expressly granted to you in these Terms are reserved by Bower and its licensors. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Service.
8. Disclaimers of Warranties
THE SERVICE, INCLUDING ALL CONTENT, INFORMATION, AND RESULTS PROVIDED OR GENERATED BY THE SERVICE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BOWER AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND SUPPLIERS (COLLECTIVELY, "BOWER PARTIES") MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AND EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO THE SERVICE AND ITS USE, INCLUDING BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
BOWER DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THE ACCURACY, RELIABILITY, COMPLETENESS, OR CURRENCY OF ANY INFORMATION OR RESULTS OBTAINED THROUGH THE SERVICE. YOU ASSUME ALL RISK FOR ANY USE OF THE SERVICE AND ANY RESULTS OR DECISIONS MADE BASED ON OUTPUT FROM THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BOWER OR THROUGH THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Some jurisdictions do not allow the exclusion of certain warranties, so to that extent, certain exclusions set forth above may not apply to you. In such cases, any implied warranties will be limited to the minimum scope and duration permitted by applicable law.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BOWER OR THE BOWER PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, LOST OR CORRUPTED DATA, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SERVICE, EVEN IF BOWER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF BOWER AND THE BOWER PARTIES FOR ANY AND ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE, THESE TERMS, OR YOUR USE OF OR INABILITY TO USE THE SERVICE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNTS YOU PAID TO BOWER (IF ANY) FOR THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR (B) USD $100.00. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMIT. The existence of more than one claim or suit will not enlarge or extend the limitation of money damages. You acknowledge that Bower has set its fees and entered into these Terms in reliance on the disclaimers and limitations of liability set forth herein, which reflect an allocation of risk between the parties and form an essential basis of the bargain.
The limitations of liability and types of damages excluded above shall apply to all causes of action, whether in contract, warranty, strict liability, negligence, tort, or otherwise, and even if any limited remedy fails of its essential purpose.
You agree that Bower's affiliates, licensors, and suppliers (as well as their officers, directors, employees, and agents) shall be third-party beneficiaries to the disclaimers and limitations of liability in this Section, and that such parties are entitled to rely on and enforce those provisions directly. This means that to the extent Bower has no liability, or limited liability, to you under these Terms, the same limitation of liability applies to Bower's affiliates, licensors, and suppliers.
Because some jurisdictions do not allow the exclusion or limitation of certain liabilities (such as incidental or consequential damages), in such jurisdictions, Bower's liability will be limited to the maximum extent permitted by law.
10. Indemnity
You agree to indemnify, defend, and hold harmless Bower, its affiliates, and their respective officers, directors, employees, agents, partners, licensors, and suppliers (collectively, the "Indemnified Parties") from and against any and all claims, actions, suits, investigations, proceedings, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys' fees and court costs) that arise out of or relate to: (a) your use or misuse of the Service or Results; (b) your breach or violation of these Terms or any applicable law or regulation; (c) your violation of any rights of a third party, including any intellectual property right, privacy, publicity, or other proprietary right; or (d) any User Content or data you submit, post, or transmit through the Service (including, without limitation, any claim that such content infringes or misappropriates the rights of a third party or that you failed to obtain consent for any personally identifiable information or geolocation data).
Bower reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If Bower does assume the defense of such a matter, you agree to cooperate with Bower's defense of that claim and you shall not settle any such claim without Bower's prior written consent. You agree that the Indemnified Parties will have no liability in connection with any such claims or losses, and you agree to reimburse any Indemnified Party for any damages, losses, costs, or expenses (including attorneys' fees) incurred in connection with any such claims. This indemnification obligation shall survive any termination of your account or use of the Service and these Terms.
11. Termination
These Terms are effective unless and until terminated by either you or Bower. You may terminate these Terms at any time by discontinuing all use of the Service and closing your account, provided that any provisions of these Terms which by their nature should survive termination (including, but not limited to, Intellectual Property, Disclaimers, Limitation of Liability, Indemnity, Governing Law, Arbitration, and others) shall so survive.
Bower may, in its sole discretion, suspend or terminate your account or your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation: (a) your actual or suspected violation of these Terms or any applicable law; (b) unexpected technical or security issues or problems; (c) your engagement in fraudulent or illegal activities; or (d) discontinuance or material modification of the Service. We will not be liable to you or any third party for any termination or suspension of your access to the Service.
Upon any termination of these Terms or your account: (i) all rights and licenses granted to you under these Terms will immediately cease; (ii) you must stop all use of the Service and any of our content in your possession; and (iii) any fees owed to Bower shall become immediately due and payable (if applicable). Bower may delete or disable access to any of your User Content or data stored on the Service, except to the extent we are obligated or permitted by law to retain it. You acknowledge that we have no obligation to retain your account or data after termination, though information may continue to exist in our backups or archives for a period of time.
12. Governing Law & Jurisdiction
These Terms and any dispute arising out of or relating to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, and, to the extent applicable, U.S. federal law, without giving effect to any conflict of law principles that would result in the application of the laws of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Subject to the Arbitration & Dispute Resolution provisions below, you agree that any non-arbitrable disputes (if any) arising under these Terms or related to the Service shall be litigated exclusively in the state or federal courts located in Miami-Dade County, Florida, and you consent to personal jurisdiction and venue in such courts. You waive any objection based on inconvenient forum (forum non conveniens) or any other jurisdictional grounds, to the extent such objections may be lawfully waived.
If you reside outside of the United States, you understand and agree that you are voluntarily choosing to use the Service subject to U.S. laws, and that you will not invoke the laws of the country in which you reside or are a citizen as governing these Terms. Nothing in this section will prevent either party from seeking injunctive relief (such as a restraining order or specific performance) in any competent court to prevent an actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights, confidentiality obligations, or data security obligations.
13. Changes to Terms
Bower reserves the right to modify or update these Terms at any time. If we make material changes, we will make reasonable efforts to notify you of such changes, for example by posting a notice on our website or sending an email to the address associated with your account. Your continued use of the Service after any changes to these Terms are posted or communicated to you constitutes your acceptance of the revised Terms.
It is your responsibility to review these Terms periodically for any updates or changes. We will update the "Effective Date" at the top of this document when we make changes. If you do not agree to the modified Terms, you must stop using the Service. No modification or amendment to these Terms shall be binding upon Bower unless it is in writing and posted by Bower via the Service (or communicated to you via email or other written form by Bower).
14. Entire Agreement
These Terms (including any documents or policies incorporated by reference, such as the Privacy Policy) constitute the entire agreement between you and Bower regarding the Service and supersede all prior and contemporaneous agreements, understandings, negotiations, or communications, whether written or oral, relating to the subject matter herein. No oral or written information or advice given by Bower or its representatives shall create any additional warranties or in any way increase the scope of the obligations under these Terms unless expressly set forth in writing by an authorized representative of Bower.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect. No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Bower's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
You may not assign or transfer these Terms or any of your rights or obligations hereunder, in whole or in part, without Bower's prior written consent, and any attempt to do so without consent will be null and void. Bower may freely assign these Terms, in whole or in part, to any affiliate or in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law or otherwise. These Terms shall bind and inure to the benefit of the parties, their successors, and permitted assigns.
15. Contact Information
If you have any questions, concerns, or comments about these Terms or the Service, or need to provide any notice to Bower under these Terms, please contact us at:
Bower Industries, Inc. (Legal Department)
Miami-Dade, Florida, United States
Email: legal@bower.ai
All notices given by you under these Terms or related agreements (unless otherwise specified herein) should be emailed to us at the address above. You agree that all electronic communications from us (such as via email or by posting notices on our website) satisfy any legal requirement that such communications be in writing.
16. Age Requirement
The Service is not intended for and may not be used by individuals under the age of 13. By using the Service, you represent and warrant that you are at least 18 years of age, or that you are 13 years of age or older and have the consent and supervision of a parent or legal guardian who has reviewed and agreed to these Terms on your behalf. If you are using the Service under the supervision of a parent or guardian, that adult will be responsible for your actions and any obligations under these Terms.
If we discover that any user under 13 has provided personal information or is using the Service in violation of this Age Requirement, we will take steps to suspend or terminate that account. You must be old enough to form a binding contract in your jurisdiction (in many places, this age is 18). If you do not meet the applicable age requirement, you must not use the Service. By accessing or using the Service, you affirm that you are fully able and competent to enter into and comply with these Terms.
17. Beta & Experimental Features
From time to time, Bower may offer access to beta, pilot, or experimental features or services ("Beta Features") for testing and evaluation. Beta Features will be identified as beta, pilot, early access, or experimental. Your use of Beta Features is optional and voluntary, and is subject to the following conditions:
- "As Is" Basis: Beta Features are provided "AS IS" and "AS AVAILABLE," without any warranties of any kind (additional to or different from those already disclaimed in Section 8). Beta Features may contain bugs, errors, or other issues and may not be as reliable or available as the main Service. We do not guarantee that Beta Features will function correctly, meet your expectations, or be free from data loss, errors, or interruptions.
- Potential Changes: You acknowledge that Beta Features are in development and may be incomplete or undergoing testing. They might be modified substantially prior to (or, in some cases, never) being incorporated into the main Service. Bower reserves the right to modify or discontinue Beta Features at any time, without notice, and without liability to you. There is no guarantee that Beta Features will ever be released or made generally available.
- Data Risks: Use of Beta Features may involve particular risks to your data or content. You understand that Beta Features might not store data reliably, and any data or content you provide or generate through Beta Features could be lost, corrupted, or not recoverable. You are strongly encouraged to back up any data used in connection with Beta Features. Bower is not liable for any loss or damage to data arising from your use of Beta Features.
- Feedback: If you use a Beta Feature, Bower may invite you to provide feedback. Any Feedback you provide regarding Beta Features is subject to the Feedback provision in Section 7, and we may use it to improve our products and services without obligation to you. You agree that Bower may contact you to discuss your experiences with Beta Features.
- Use at Own Risk: By enabling or using any Beta Feature, you acknowledge and agree that you are using the Beta Feature at your own risk. To the maximum extent permitted by law, Bower disclaims any liability arising from or related to your use of Beta Features. All limitations of liability, release, and indemnification provisions in these Terms apply fully to Beta Features use.
Your participation in testing Beta Features and any Feedback you provide will not create any confidentiality obligation for Bower, unless otherwise expressly agreed in writing. Bower has no obligation to provide any technical support for Beta Features. Notwithstanding any other provision of these Terms, if you do not agree to these conditions for Beta Features, do not use Beta Features.
18. Data Retention & Account Deletion
Data Retention: You acknowledge that Bower may retain data (including personal data and geolocation data) as long as it is necessary to fulfill the purposes for which it was collected, or as required by applicable law, regulation, or legitimate business needs. We implement policies in line with applicable laws (including U.S. federal and Florida state laws) to govern how long we store different types of data. For details on data retention periods and practices, please refer to our Privacy Policy. Generally, Bower will not retain personal data longer than necessary for the operation of the Service and compliance with legal obligations.
Account Deletion: You may request deletion of your account at any time by contacting us at legal@bower.ai or through any account deletion mechanism we provide in the Service. Upon verifying your request (and subject to any authentication steps), we will deactivate or delete your account and remove or anonymize personal data associated with your account within a reasonable timeframe. Please note that removal of your data from active databases may not be immediate, and residual copies of your information might remain in our backup systems for a period of time (during which they will remain subject to these Terms and our Privacy Policy). Additionally, we may retain certain information if necessary to comply with legal obligations, resolve disputes, or enforce our agreements.
Once your account is deleted, you will lose access to the Service and any data or content associated with your account (unless such data has been shared with other authorized users, or is stored in backups as noted above). Account deletion is irreversible, and you will not be able to recover your account or its content once deleted. Bower shall not be liable for any loss of data or content resulting from the deletion of an account initiated by you or resulting from termination of your account pursuant to these Terms.
19. Export Compliance
The Service, including any software and technical data we provide, may be subject to United States export control laws and regulations, including the U.S. Export Administration Regulations (EAR) and economic sanctions administered by the U.S. Office of Foreign Assets Control (OFAC). You agree to comply with all applicable export and re-export control laws and regulations in your use of the Service. Without limiting the generality of the foregoing, you represent, warrant, and covenant that:
- No Prohibited Countries or Parties: You are not located in, under the control of, or a national or resident of any country or region that is subject to U.S. trade sanctions or comprehensive embargoes (including, for example, Cuba, Iran, North Korea, Syria, the Crimea region, and any other country or region as updated by U.S. law). You also confirm that you are not identified on any U.S. government list of prohibited or restricted parties (such as the Specially Designated Nationals list or the Denied Persons List).
- No Unauthorized Export: You will not export, re-export, ship, transfer, or divert any part of the Service, software, or any technical information or materials obtained from Bower, directly or indirectly, to any prohibited country or person, or use the Service for any purpose prohibited by U.S. export laws and regulations, including but not limited to nuclear, chemical, or biological weapons proliferation, or missile development, without the appropriate government authorizations.
- Compliance and Cooperation: You will immediately notify Bower if you become subject to any sanctions or are placed on any restricted-party list. You agree to cooperate fully with Bower to ensure compliance with such regulations, and to take any measures Bower deems necessary to comply (including providing assurances regarding end-use or end-users).
This export compliance clause shall survive termination of these Terms. Your obligations under this section are in addition to and do not limit the general requirement to abide by applicable laws as set forth elsewhere in these Terms. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws, to the extent local laws apply. In the event of conflict between U.S. export laws and local laws, U.S. export laws shall govern with respect to the Service and any software or technical data provided.
20. Arbitration & Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, AS IT REQUIRES MOST DISPUTES TO BE RESOLVED THROUGH BINDING ARBITRATION AND INCLUDES A CLASS ACTION WAIVER.
Informal Resolution: In the event of any dispute, claim, or controversy between you and Bower arising out of or relating to these Terms or the use of the Service ("Dispute"), the parties agree to first attempt to resolve the issue informally by contacting the other party. You can reach us at legal@bower.ai. We will attempt to address your concerns without the need for formal legal action. If a Dispute is not resolved within 30 days of the initial notice of the Dispute, either party may then proceed to initiate arbitration as set forth below.
Binding Arbitration: Except for the exceptions described below, you and Bower agree that any and all Disputes (including any question regarding the existence, validity, or termination of these Terms) shall be resolved by final and binding arbitration. You are thus waiving your right to a trial in court (including a jury trial) for such Disputes. The arbitration will be administered by a neutral arbitrator and conducted in English. Unless the parties agree otherwise, the arbitration shall be administered by the American Arbitration Association (AAA) (or a similar reputable arbitration organization if AAA is unavailable) under the applicable rules for consumer disputes (if you are an individual using the Service for personal or small business use) or the Commercial Arbitration Rules (if applicable). If there is a conflict between the arbitration rules and these Terms, these Terms shall govern.
Arbitration Venue and Procedure: The arbitration shall take place in Miami-Dade County, Florida, USA, or another mutually agreed location. If your claim is for US $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing as established by the AAA rules. The arbitrator shall issue a written decision, including the findings and conclusions on which the decision is based. The arbitrator's award shall be final and binding on the parties, and judgment on the award may be entered in any court of competent jurisdiction.
Class Action Waiver: YOU AND BOWER AGREE THAT ALL DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR CAN DECIDE ONLY YOUR AND/OR BOWER'S INDIVIDUAL DISPUTES, AND MAY NOT JOIN OR CONSOLIDATE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. If this class action waiver is found to be unenforceable, then the entirety of this Arbitration & Dispute Resolution section (except for this sentence) shall be null and void, but the rest of the Terms will still apply.
Exceptions to Arbitration: Notwithstanding the foregoing, the obligation to arbitrate disputes does not apply to: (a) Small Claims: either party's right to seek resolution of an eligible claim in a small claims court of competent jurisdiction, so long as the matter remains in small claims court; and (b) Injunctive Relief: either party's right to seek temporary or preliminary injunctive relief in a court of law to prevent an actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights, trade secrets, or confidential information. Such actions shall not be deemed incompatible with the agreement to arbitrate or as a waiver of that agreement.
Opt-Out Right: If you are a new user of the Service, you may opt out of the arbitration agreement in this Section by providing written notice of your decision within 30 days of the date you first agree to these Terms. To opt out, you must send an email to legal@bower.ai with the subject line "Arbitration Opt-Out" and include in the body your name and a clear statement that you wish to opt out of arbitration. Your opt-out will only affect these Terms; if you previously entered into other arbitration agreements with Bower or enter into future ones, your opt-out will not affect those agreements.
This Arbitration & Dispute Resolution section is governed by the Federal Arbitration Act (9 U.S.C. §§ 1–16) and applicable federal arbitration law. The parties agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of this arbitration agreement is void or voidable.
By agreeing to these Terms, you explicitly acknowledge and agree that you have read and understand this Arbitration & Dispute Resolution provision, and that you knowingly and voluntarily waive the right to a judge or jury trial or participation as a plaintiff or class member in any purported class or representative proceeding.
21. Third Party Services
The Service may incorporate, integrate, or provide access to content, data, or services provided by third parties that are not owned or controlled by Bower ("Third Party Services"). This can include, for example, third-party map services, geolocation data providers, analytical tools, or links to third-party websites. Your use of Third Party Services is subject to the third parties' terms and conditions and privacy policies, not these Terms. We encourage you to review the terms and policies of any Third Party Service before using it, since your dealings with any third party are solely between you and that third party.
Bower does not endorse and is not responsible or liable for any Third Party Services or any content, products, or services available from such third parties. Different terms may apply to your use of Third Party Services, and if there is a conflict between those third-party terms and Bower's Terms, the third-party terms will govern with respect to your use of the relevant Third Party Service (but the Terms will continue to apply to the relationship between you and Bower).
No Liability for Third Parties: You agree that Bower and the Bower Parties will not be responsible or liable for any loss or damage of any sort incurred as the result of your interactions with third parties or your use of Third Party Services. Any reference to or integration with a Third Party Service in our Service is provided for your convenience and does not imply any endorsement, guarantee, or warranty by Bower of that third party or its services. If you access any Third Party Service, you do so at your own risk, and you understand that these Terms and Bower's policies do not apply to those third-party sites or services.
Contact Information
If you have any questions about these Terms, please contact us at: