Alex Perelman
Love, Dreams and Pixels

Terms of Service

Last Updated: June 28, 2024

Thank you for using Alex Perelman Coaching!

These Terms of Service ("Terms") govern your access to and use of any website (such as alexperelman.com), app, service, technology, API, widget, platform, channel or any other products or features owned, operated, branded or offered by Alex Perelman Coaching (“Alex Perelman Coaching”, “Service”, “We”), except where we expressly state that separate terms (and not these) apply. These Terms form an agreement between you and Alex Perelman Coaching. By accessing or using Alex Perelman Coaching, you agree to be bound by these Terms. If you do not agree to our Terms, you may not access or use Alex Perelman Coaching.

Our Privacy Policy explains how we collect and use personal information. Although it does not form part of these Terms, it is an important document that you should read.

Using our Service

Registration. When you create your Alex Perelman Coaching account, you must provide us with accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must not share your account or playlist access with others without permission. Notify us immediately of any unauthorized use of your account or any other breach of security.

Age Requirement. You must be at least 13 years old or the minimum age required in your country to consent to use the Service to use the Service. If you are under 18, you represent that you have your parent or guardian’s permission to use the Service.

What you can do. Subject to your compliance with these Terms, you may access and use our Service. This includes uploading content, organizing content into playlists, watching content, using AI features to ask questions about the content and other features included in the Service now or in the future.

What you cannot do. You may not use our Service for any illegal, harmful, or abusive activity. For example, you may not:

  • Use our Service in a way that infringes, misappropriates or violates anyone’s rights.
  • Modify, copy, lease, sell or distribute any of our Service.
  • Attempt to or assist anyone to reverse engineer, decompile or discover the source code or underlying components of our Service.
  • Interfere with or disrupt our Service.
  • Scrape, collect, search, copy or otherwise access data or content from our Service in unauthorized ways, such as by using automated means (without our express prior permission).
  • Access or attempt to access data you do not have permission to access.

Data Privacy and Security. We collect and process user data as outlined in our Privacy Policy. This includes information you provide when creating an account, content you upload, and data about your use of the Service. We implement industry-standard security measures to protect your data, but no method of transmission over the Internet or electronic storage is 100% secure. By using our Service, you acknowledge and accept these inherent risks.

Intellectual Property

Your content. You may provide input to the Service (“Input”), which may include photos, videos, comments, links, and other materials. You may also receive output from the Service based on the Input (“Output”), such as in the case of using an AI chatbot that generates text or images based on Input. Input and Output are collectively “Content.” You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our Service and that you will not provide Input that infringes the intellectual property rights of others (e.g., copyright infringement, trademark infringement or counterfeit), or that is otherwise unlawful, unless an exception or limitation applies under applicable law.

Ownership of content. As between you and Alex Perelman Coaching, and to the extent permitted by applicable law, you (a) retain your ownership rights in Input and (b) own the Output. We hereby assign to you all our right, title, and interest, if any, in and to Output.

Our use of content. We may use Content to provide, maintain, develop, and improve our Service, comply with applicable law, enforce our terms and policies, and keep our Service safe. By providing Input to the Service, you grant Alex Perelman Coaching a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display both Input and Output to the extent necessary to provide the Service to you and other users.

Removing content. You may remove your Content from the Service at any time. You must remove your Content if you no longer have the rights required by these terms.

AI Output. Alex Perelman Coaching relies on third parties service providers (such as OpenAI) to provide Output generated by AI in response to your Input. Given the often experimental nature of these third party services, use of our Service may, in some situations, result in Output that does not accurately reflect real people, places, or facts. Alex Perelman Coaching is not liable for any inaccuracies in AI-generated responses to user queries or other Input. You should not rely solely on AI-generated information for critical decisions or as a substitute for professional advice. Always verify important information from authoritative sources.

Feedback. We appreciate your feedback, and you agree that we may use it without restriction or compensation to you.

Billing. If you purchase a paid subscription to our Service, you will provide complete and accurate billing information, including a valid payment method. For paid subscriptions, we will automatically charge your payment method on each agreed-upon periodic renewal until you cancel. You’re responsible for all applicable taxes, and we’ll charge tax when required. If your payment cannot be completed, we may downgrade your account or suspend your access to our Service until payment is received.

Cancellation. You can cancel your paid subscription at any time. Payments are non-refundable, except where required by law. These Terms do not override any mandatory local laws regarding your cancellation rights.

Changes. We may change our prices from time to time. If we increase our subscription prices, we will give you at least 30 days’ notice and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase.

Termination

You are free to stop using our Service at any time. We reserve the right to suspend or terminate your access to our Service or delete your account if we determine:

  • You breached these Terms.
  • We must do so to comply with the law.
  • Your use of our Service could cause risk or harm to Alex Perelman Coaching, our users, or anyone else.

We also may terminate your account if it has been inactive for over a year and you do not have a paid account. If we do, we will provide you with advance notice.

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Alex Perelman Coaching, its affiliates, officers, directors, employees and agents, 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; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.

Third-Party LinksThe Service may contain links to third-party websites and online services that are not owned or controlled by Alex Perelman Coaching. Alex Perelman Coaching has no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the Service; we suggest you read the terms and privacy policy of each third-party website and online service that you visit.

Disclaimers

OUR SERVICE IS PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICE, AND DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.

YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.

Limitation of Liability

To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the service; (b) any conduct or content of any third party on the service, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (c) errors, mistakes, or inaccuracies on the service; or (d) unauthorized access, use or alteration of your transmissions or content.

In no event shall our aggregate liability for all claims relating to the service exceed one hundred U.S. dollars (U.S. $100.00). The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

Dispute resolution

Informal dispute resolution. For any dispute you have with us, you agree to first contact us and try to resolve the dispute informally. Neither party may initiate any legal proceeding—whether in court, arbitration, or any other forum—until the Notice of Dispute and Informal Dispute Resolution processes described below are completed. Nothing in this Section, however, will prevent either you or us from seeking temporary injunctive relief in court (or in arbitration) to preserve the status quo or to help enforce this arbitration clause at the outset of any dispute.

A party with a dispute must first send us a Notice of Dispute, which must include your full name; the email address associated with your Alex Perelman Coaching account; your country of residence and, if you are a U.S. resident, your state of residence; your counsel, if you are represented by counsel; a detailed description of both the dispute and the alleged harm; and your signature. That information should be emailed to alex@alexperelman.com. The notice can only be sent on behalf of an individual party; a Notice of Dispute that asserts the rights of more than one party is ineffective. After receiving the Notice of Dispute, Alex Perelman Coaching will respond within 60 days to attempt to resolve the dispute amicably. After the 60-day period has elapsed, either party may initiate arbitration.

Mandatory Arbitration: If we haven’t been able to resolve the dispute through the mandatory processes above, you and we each agree to resolve any claim, dispute, or controversy arising out of or relating to these Terms or the Service through binding arbitration or, for qualifying claims, in small claims court.

Arbitration is a more informal way to resolve our disagreements than a lawsuit in court. By accepting these Terms, you agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this Section, and that you and Alex Perelman Coaching are each waiving the right to a trial by jury or to participate in a class action. The arbitrator also has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

Any arbitration will be administered by the American Arbitration Association ("AAA") under the applicable rules then in effect for the AAA. If the AAA rules conflict in any way with these Terms, the Terms will govern. You can find AAA’s forms at www.adr.org. The arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. A judgment on the arbitrator’s award may be entered in any court of competent jurisdiction. Where the AAA’s Consumer Arbitration Rules apply, if the arbitrator determines that a party’s claim was frivolous or brought for an improper purpose, the arbitrator must assign all fees and costs associated with the arbitration to that party.

All disputes must be brought in the party's individual capacity, and not as a member in any class or representative proceeding. You agree that, by entering into these terms, you are waiving the right to a trial by jury or to participate in a class action.

Nothing in these terms shall affect any non-waivable statutory rights that apply to you. To the extent any dispute isn’t arbitrable under applicable laws or otherwise, you agree that the dispute will be resolved exclusively in accordance with the “Dispute resolution” section of these Terms.

General terms

Changes to these Terms or our Service. We are continuously working to develop and improve our Service. We may update these Terms or our Service accordingly from time to time. We will notify users of material changes to these Terms via email or prominent notice on our website at least 30 days before the changes take effect. All other changes will be effective as soon as we post them to our website. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the changes, you must remove any Content you uploaded and stop using our Service.

Assignment. You may not assign or transfer any rights or obligations under these Terms and any attempt to do so will be void. We may assign our rights or obligations under these Terms to any affiliate, subsidiary, or successor in interest of any business associated with our Service.

Severance. If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.

Delay in enforcing these Terms. Our failure to enforce a provision is not a waiver of our right to do so later. Except as provided in the dispute resolution section above, if any portion of these Terms is determined to be invalid or unenforceable, that portion will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.

Governing law. California law will govern these Terms except for its conflicts of laws principles. Except as provided in the dispute resolution section above, all claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of San Francisco, California.