Terms of Service

You must be 18 years of age or older to use the Services. By using the Services, you represent and warrant that you meet this requirement.

Creating and safeguarding your account

To use certain Services, you may need to create an account or link an existing one, such as a Google or Apple account (an “Account”). You agree to provide accurate, complete, and current information for your Account. You are solely responsible for all activity on your Account and for keeping your login credentials confidential and secure. We are not liable for any acts or omissions by you in connection with your Account. You may not let anyone else use your Account. You must notify us immediately at hello@matildahq.com if you know or suspect that your Account or credentials have been stolen, misappropriated, or otherwise compromised, or if you suspect unauthorized use of your Account. You may hold only one Account at a time unless we agree otherwise, and you agree not to create an Account if we have previously removed your Account or banned you from the Services, unless we consent in writing.

Inputs, outputs and actions

The Services provide an assistant powered by artificial intelligence and machine learning technologies (“AI”). As part of the Services, you may provide or otherwise make available to us, actively or passively and including by connecting third-party services, prompts, text, documents, listings, leases, contact records, and other materials and data for processing (“Input”). The Services use AI to generate responses, data, instructions, and other materials based on your Input (“Output”), or to take actions on your behalf (“Actions”). Input and Output together are referred to as “Materials.”

Input

By submitting or making available any Input, you represent that you have obtained all rights, licenses, consents, permissions, and authority necessary to submit and use that Input, and to allow us to use it in connection with the Services; that your submission and the resulting Output or Actions will not breach any third party's rights, any third party's terms, or applicable law; and that your Input will not contain material subject to copyright or other proprietary rights unless you have permission or are otherwise legally entitled to provide it and to allow us to use it as described in these Terms. Because the Services are built for real estate and property management work, your Input will often contain information about other people, including clients, tenants, applicants, and vendors. You are responsible for having a lawful basis to share that information with us.

Connected services

The Services may interact with third-party websites, applications, and services on your behalf (each a “Connected Service”), such as your email, calendar, CRM, e-signature tool, listing platform, or accounting system. You authorize the Services to access and interact with Connected Services on your behalf. You also authorize us to access, copy, collect, and index data from your Connected Services, to exchange data with them, and to take Actions on them for you. Data the Services collect from a Connected Service is your Input, and data the Services provide to a Connected Service is your Output. You are solely responsible for ensuring that the interactions the Services carry out on your behalf are permitted under the terms that apply to your use of each Connected Service.

If you want us to delete Connected Service Input that we have indexed, email hello@matildahq.com to request deletion. Disconnecting a Connected Service does not by itself delete data already indexed; we may continue to use that indexed data unless you request deletion.

Actions

You authorize the Services to take Actions on your behalf that the Services determine are responsive to your Input, such as sending a follow-up message to a lead, scheduling a showing or inspection, updating a record in your CRM, or engaging a vendor. When the Services take an Action on a Connected Service on your behalf, including making a purchase or payment, you agree that the Services are merely facilitating your interaction with that Connected Service by exchanging data on your behalf; that you authorize the Services to share your relevant information with the Connected Service or its payment provider, including your payment method; and that for any purchase, we are not processing the payment, you rather than we are making the purchase, we are neither buyer nor seller nor otherwise a party to the transaction, the purchase is subject to the Connected Service provider's own terms including pricing, fees, cancellation, and refunds, and any dispute about it is between you and that provider rather than us. You appoint the Services as your agent to enter into agreements, commitments, or transactions on your behalf, or to confirm your acceptance of a third party's terms, as part of such Actions. Any such agreement or commitment binds you as if you had entered into it directly.

Materials

We do not claim ownership of your Materials. For clarity, we, our affiliates, and our licensors own and will continue to own the Services and all technologies used to generate Output or take Actions. Because of the nature of AI technologies, we make no representation or warranty that any copyright or other intellectual property right will vest in any Output. Other users may create and use output similar or identical to yours, for example because similar input was provided, and you agree they may use their own independently created output for their own purposes.

You agree that we may use Materials to develop, provide, maintain, and improve the Services and our other products, including training AI models, and for any purpose described in our Privacy Policy, subject to the opt-out below.

If you do not want us to use your Materials to train AI models, you can opt out by emailing hello@matildahq.com. Even if you opt out, we may still use your Materials for AI model training where they are flagged for safety review, so we can improve our ability to detect harmful content, enforce our policies, and advance our safety research. The opt out applies going forward and only to model training, not to other improvements to the Services. Opting out may limit the ability of the Services to address your specific use case. We may continue to use AI models that were trained, fine-tuned, or improved on your Materials before you opted out.

Responsibilities and acknowledgment of risks

1. The Services are not error-free. They may generate Output containing incorrect or incomplete information, and they may make errors in their Actions. Be careful when using the Services to take Actions, because Actions may not always be reversible. Verify the accuracy of Output and its suitability for your use before relying on it. You are responsible for your Input, your Actions, and your use of any Output, including all financial, contractual, legal, reputational, and other consequences. The accuracy and completeness of an Action depends on the Input you provide; inaccurate, incomplete, or insufficient Input may produce an Action that is incorrect or not what you intended. You are responsible for evaluating whether the Services are suitable for your intended Actions. We are not responsible for unintended Actions or for any loss, damage, charge, or liability arising from Actions, including interactions with Connected Services on your behalf.
2. You represent and warrant that you have all rights, licenses, permissions, and authority necessary to authorize the Services to take Actions on your behalf and to use any payment method, account credential, password, or other access method you make available to the Services, including for Connected Services. You agree that your Actions and your use of Output will not violate these Terms, any third-party terms, any third party's rights, or applicable law.
3. You will not use the Services to take Actions or rely on Output where doing so without meaningful human review would be unlawful, unsafe, or otherwise inappropriate. We may implement safeguards, confirmation requirements, or other controls on certain Actions, but we make no representation or warranty that they will prevent unintended or erroneous Actions. You remain responsible for configuring additional safeguards or restrictions, including appropriate security, permission, and sharing settings on each Connected Service. Records of Actions available through the Services may not always be accurate, and you are responsible for independently verifying Actions and monitoring them regularly.
4. The Services are not a licensed real estate broker, salesperson, property manager, attorney, accountant, or other professional, and nothing the Services produce is brokerage, legal, tax, or financial advice. You remain solely responsible for compliance with the laws and professional obligations that apply to your work, including real estate licensing law, fair housing and equal opportunity law, advertising rules, trust and escrow account requirements, recordkeeping obligations, and the consent and opt-out requirements that apply to calls and text messages sent to consumers on your behalf. You are responsible for the content of communications the Services send at your direction.

You may be required to pay fees to access or use certain features. If you purchase paid Services, you agree to pay the applicable fees and taxes in U.S. Dollars and authorize us or our payment processor to charge your payment method for that amount. We may calculate taxes based on the billing information you provide at the time of purchase. You represent that all information you provide for a purchase, including payment information, is accurate, current, and complete, and that you have the legal right to use the payment method you provide. Access to paid Services will not begin until payment is received in full, and any holds placed on your account by a payment processor are your responsibility. We may revise pricing for the Services at any time. We are not liable for errors caused by third-party payment processors. Except where applicable law requires otherwise, all payments are non-refundable.

Privacy

Our Privacy Policy describes how we handle the information you provide when you use the Services.

Acceptable use

The restrictions in Section 6 set out our rules for behavior and engagement when using the Services, including activities that are prohibited or restricted. By agreeing to these Terms, you agree to comply with those rules and not to use the Services in any manner they prohibit.

Right to use the services

We permit you to use the Services for your own business or personal use, provided you comply with these Terms. If any software, content, or other materials we own or control are distributed to you as part of the Services, we grant you a personal, non-assignable, non-sublicensable, non-transferable, non-exclusive right and license to access and display them, including the right to download a single copy of an App onto your equipment or device, solely to use the Services as these Terms permit. Your access may be interrupted from time to time for many reasons, including equipment malfunction, periodic updating, maintenance, repair, or other actions we may elect to take.

Restrictions on your use of the services

You may not do any of the following in connection with your use of the Services, unless applicable law prohibits the restriction or we have given you written permission:

1. download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on or obtained through the Services, except for temporary files automatically cached by your browser, or as these Terms expressly permit;
2. duplicate, decompile, reverse engineer, disassemble, or decode the Services, including any underlying idea or algorithm, or attempt to do any of the same;
3. use, reproduce, or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;
4. use automation software, hacks, modifications, or other unauthorized third-party software designed to modify the Services;
5. access or use the Services in any manner that could disable, overburden, damage, disrupt, or impair them, or interfere with anyone else’s use of them;
6. attempt to gain unauthorized access to, interfere with, damage, or disrupt the Services, accounts registered to other users, or the systems or networks connected to the Services;
7. circumvent, remove, alter, deactivate, degrade, or thwart any technological measure or content protection in the Services;
8. use any robot, spider, crawler, scraper, or other automatic device, process, or software that intercepts, mines, scrapes, extracts, or otherwise accesses the Services to monitor, copy, or collect information, or carry out any manual process to do the same;
9. use the Services for benchmarking, to create or develop competing products or services, or to improve or train other AI models, tools, or technologies;
10. use Output to train, distill, or fine-tune any other AI model that competes with the Services;
11. introduce viruses, trojan horses, worms, logic bombs, or other malicious or technologically harmful material into our systems;
12. submit, transmit, display, generate, post, or store any Input or other content that is inaccurate, unlawful, defamatory, obscene, excessively violent, invasive of privacy or publicity rights, harassing, hateful, deceptive, or otherwise objectionable, or use the Services for any illegal, unethical, or disruptive purpose;
13. create, use, or distribute Output in a fraudulent or misleading way, including by representing that Output is entirely human generated;
14. use the Services to send communications that violate applicable marketing, telemarketing, anti-spam, or consent laws, or to engage in any practice that violates fair housing, equal opportunity, licensing, advertising, or consumer protection laws applicable to real estate and property management;
15. attempt to use the Services to generate Output that infringes third-party rights; or
16. access or use the Services in any way these Terms do not expressly permit.

Use of the app

You are responsible for providing the device, wireless service plan, software, internet connection, and other equipment or services you need to download, install, and use an App. We do not guarantee that an App can be accessed or used on any particular device, with any particular service plan, or in any particular location. As part of the Services you may receive push notifications, local notifications, text messages, picture messages, alerts, emails, and other messages (“Push Messages”). Your wireless provider may charge you for data, text messaging, or other wireless access in connection with Push Messages. You control your Push Message settings and can opt in or out through the Services or through your device's operating system, with the possible exception of infrequent service announcements and administrative messages. Check with your wireless provider to determine what fees apply. You are solely responsible for any fee, cost, or expense you incur to download, install, or use an App.

Mobile software from the Apple App Store

The following applies only if you obtain an App from the Apple App Store. Where the other terms here are less restrictive than, or conflict with, this paragraph, this paragraph controls for your use of that App. These Terms are solely between you and the Company, not Apple, and Apple has no responsibility for the App or its content. Your license is limited to a non-transferable license to use the App on Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed by other accounts associated with you through Family Sharing or volume purchasing. Apple has no obligation to furnish maintenance or support for the App. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any; to the maximum extent permitted by law, Apple has no other warranty obligation, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are governed by these Terms. Apple is not responsible for addressing any claim by you or a third party relating to the App or your use of it, including product liability claims, claims that the App fails to conform to a legal or regulatory requirement, and claims arising under consumer protection or similar law. In the event of a third-party claim that the App or your use of it infringes intellectual property rights, the Company, not Apple, is solely responsible for its investigation, defense, settlement, and discharge to the extent these Terms require. You must comply with applicable third-party terms when using the App. Apple and its subsidiaries are third-party beneficiaries of these Terms as they relate to your use of the App, and upon your acceptance Apple has the right to enforce these Terms against you as a third-party beneficiary.

Beta offerings

From time to time we may make Services available on a test or beta basis, or include test or beta features (“Beta Offerings”). Your use of a Beta Offering is voluntary. Beta Offerings are provided as is and may contain errors, defects, bugs, or inaccuracies that could cause failures or corruption or loss of data from a connected device. All use of a Beta Offering is at your sole risk. Once you use a Beta Offering, your content or data may be affected such that you cannot revert to a prior non-beta version, and even where reverting is possible you may not be able to restore data created within the Beta Offering. If we provide a Beta Offering on a closed or confidential basis, we will tell you, and you agree not to disclose or make available that offering or any Output it generates without our prior written consent, including by posting screenshots, videos, or streams.

Ownership of the services

The Services, including their look and feel, proprietary content, information, and other materials, are protected by copyright, trademark, and other intellectual property laws. You agree that we and our licensors own all right, title, and interest in the Services, including all intellectual property rights in them, and you agree not to act inconsistently with that ownership. We and our licensors reserve all rights in the Services and their content, other than your Materials, including the exclusive right to create derivative works.

Ownership of trademarks

The Matilda name, the Matilda logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. Other names, logos, product and service names, designs, and slogans appearing on the Services belong to their respective owners, who may or may not be affiliated with us.

Ownership of feedback

We welcome feedback, comments, and suggestions for improvements, and other information about your experience with the Services (“Feedback”). Contributing Feedback does not give you any right, title, or interest in the Services or in the Feedback. All Feedback becomes our sole and exclusive property, and we may use and disclose it in any manner and for any purpose without notice or compensation to you and without your retaining any proprietary right or claim. You assign to us all right, title, and interest, including any patent, copyright, trade secret, trademark, know-how, moral right, and any other intellectual property right, that you may have in any Feedback.

Usage data

The Services may generate diagnostic, technical, or other data about how you interact with them (“Usage Data”). We may use or disclose Usage Data in deidentified or aggregated form for any lawful purpose, including to provide, operate, develop, and improve our technologies, products, and services.

Certain Services may display, include, or make available content, data, information, services, applications, or materials from third parties (“Third Party Materials”), or link to third-party websites. Third Party Materials include third-party software, such as third-party large language models, included in the Services and Connected Services. By using the Services, you acknowledge that we are not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of Third Party Materials or websites. We do not warrant or endorse, and assume no liability or responsibility to you or anyone else for, any third-party services, Third Party Materials, or third-party websites, or for any other materials, products, or services of third parties. Third Party Materials and links are provided solely as a convenience. Your access to and use of Third Party Materials may be governed by additional terms from their provider, which you agree to comply with.

Disclaimers

Your access to and use of the Services, including Actions taken through the Services and your use of any Output, are at your own risk. You understand and agree that the Services, Outputs, and Actions are provided on an “AS IS” and “AS AVAILABLE” basis. To the maximum extent permitted by law, the Company and its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (the “Company Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Company Entities make no warranty and disclaim all responsibility and liability for: the completeness, accuracy, availability, timeliness, security, or reliability of the Services and any Action or Output; any harm to your computer system, loss of data including data in Connected Services, or other harm resulting from your use of the Services or any Action performed by the Services; operation or compatibility with any other application, system, or device, including any Connected Service; your Actions and Outputs; whether the Services, Actions, or Outputs will meet your requirements, or whether the Services will be available uninterrupted, secure, or error-free; and the deletion of, or failure to store or transmit, your Materials and other communications. No advice or information obtained from the Company Entities or through the Services creates any warranty not expressly made here. You should not rely on the Services or any Action or Output for advice of any kind, including brokerage, legal, medical, investment, financial, or other professional advice, and no Action or Output substitutes for advice from a qualified professional. Nothing in these Terms or the Services creates a fiduciary, agency for legal purposes, employment, joint venture, partnership, or similar relationship between you and the Company beyond the limited authorization to take Actions described in Section 3.

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THOSE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

THE COMPANY ENTITIES TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH THE SERVICES.

YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT IS OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH THE COMPANY ENTITIES WILL BE RESPONSIBLE FOR.

Limitations of liability

TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA, OR PROFITS, BUSINESS INTERRUPTION, OR ANY OTHER DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT, INCLUDING NEGLIGENCE, EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE COMPANY ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNT YOU PAID THE COMPANY ENTITIES FOR THE SERVICES, IF ANY, IN THE SIX (6) MONTHS BEFORE THE CLAIM AROSE. THESE LIMITATIONS APPLY EVEN IF THE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Indemnification

By accessing or using the Services, you agree to defend, indemnify, and hold the Company Entities harmless from and against all claims, costs, damages, losses, liabilities, and expenses, including attorneys' fees and costs, arising out of or in connection with your violation or breach of these Terms or any applicable law; your violation of any third party's rights; your misuse of the Services; your Input and Actions and your use of any Output; or your negligence or willful misconduct. If you are obligated to indemnify a Company Entity, we have the right, in our sole discretion, to control any action or proceeding and to determine whether to settle it and on what terms, and you agree to cooperate fully in the defense or settlement of the claim.

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Informal process first

If a dispute arises between you and the Company Entities, both parties agree to first contact the other and make a good faith, sustained effort to resolve it before resorting to more formal means, including any court action, allowing the receiving party 30 days to respond. This dispute resolution procedure is a condition precedent that must be satisfied before either party initiates arbitration.

Arbitration agreement and class action waiver

After the informal process, any remaining dispute, controversy, or claim (a “Claim”) relating in any way to the Company's services or products, including the Services and any use, access, or lack of access to them, will be resolved by arbitration, including threshold questions of whether a Claim is arbitrable. You and the Company agree that any Claim will be settled by final and binding arbitration in English, administered by JAMS under its Comprehensive Arbitration Rules and Procedures then in effect (the “JAMS Rules,” incorporated here by reference). Because these Terms concern interstate commerce, the Federal Arbitration Act governs the arbitrability of all disputes, and the arbitrator will apply substantive law consistent with it and with the applicable statute of limitations. A sole arbitrator will handle the arbitration in accordance with the JAMS Rules, and judgment on the award may be entered in any court with jurisdiction. Any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted. By agreeing to these Terms, you and the Company each waive the right to a jury trial and the right to participate in a class action or class arbitration.

Exceptions

The following disputes will instead be resolved in a court of proper jurisdiction:

1. disputes or claims within the jurisdiction of a small claims court, consistent with its jurisdictional and dollar limits, so long as they are brought and maintained individually and not as a class, representative, or consolidated action;
2. disputes or claims where the only relief sought is injunctive relief, including public injunctive relief; and
3. intellectual property disputes.

Costs of arbitration

Payment of filing, administration, and arbitrator costs is governed by the JAMS Rules, except that if you demonstrate that the costs you would owe under those rules would be prohibitively more expensive than a court proceeding, the Company will pay the amount the arbitrator determines is necessary to prevent that, subject to possible reimbursement as described below.

Fees and costs may be awarded as applicable law provides. If the arbitrator finds that the substance of your claim or the relief sought is frivolous or brought for an improper purpose, as measured by Federal Rule of Civil Procedure 11(b), then payment of all fees is governed by the JAMS Rules, and you agree to reimburse the Company for amounts it previously disbursed that are otherwise your obligation. If you prevail and are awarded less than the last written settlement amount the Company offered before the arbitrator was appointed, the Company will pay you the amount it offered in settlement. The arbitrator may rule on the payment and reimbursement of fees at any time during the proceeding, and on request from either party made within 14 days of the ruling on the merits.

Opt-out

You have the right to opt out of these arbitration provisions by sending written notice of your decision to hello@matildahq.com. The notice must reach us within thirty (30) days of your first registering to use the Services or agreeing to these Terms; otherwise you are bound to arbitrate disputes on a non-class basis. If you opt out of only the arbitration provisions and not the class action waiver, the class action waiver still applies. You may not opt out of only the class action waiver. If you opt out of the arbitration provisions, the Company will not be bound by them either.

Waiver of right to bring class action and representative claims

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND THE COMPANY EACH AGREE THAT ANY PROCEEDING TO RESOLVE ANY DISPUTE, CLAIM, OR CONTROVERSY WILL BE BROUGHT AND CONDUCTED ONLY IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS, CONSOLIDATED, MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR PROCEEDING (A “CLASS ACTION”). YOU AND THE COMPANY AGREE TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION AND EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM. IF A DISPUTE IS SUBJECT TO ARBITRATION, THE ARBITRATOR WILL NOT HAVE AUTHORITY TO COMBINE OR AGGREGATE CLAIMS, CONDUCT A CLASS ACTION, OR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION, AND MAY NOT CONSOLIDATE PROCEEDINGS FOR MORE THAN ONE PERSON’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF CLASS ACTION. For the avoidance of doubt, you may seek public injunctive relief to the extent authorized by law and consistent with the exceptions above.

IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO THAT PROCEEDING, SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION. If a court decides these limitations are invalid or unenforceable, any putative class, private attorney general, or consolidated or representative action must be brought in a court of proper jurisdiction and not in arbitration.

SMS messaging and phone calls

Parts of the Services may involve contacting you by telephone or text message. You agree that we may contact you by telephone or text message, including through an automatic telephone dialing system, at any phone number you provide in connection with your use of the Services, including for marketing purposes. You are not required to provide this consent as a condition of purchasing any Services. You may opt out of text messages at any time by replying STOP from the device receiving them, or by contacting hello@matildahq.com. If you do not opt out, we may contact you as described in our Privacy Policy.

Changes to the services

We may change the content, features, and other services provided as part of the Services from time to time, and we do not guarantee that any particular content, feature, or service will always be available.

Updating these terms

We may modify these Terms from time to time, in which case we will update the “Last revised” date above. If we make material changes, we will use reasonable efforts to notify you, such as by email or by placing a prominent notice on the Website, but it is your responsibility to review these Terms periodically. Updated Terms take effect when posted, or on any later date they specify, and your continued use of the Services after that point is your acceptance of them. No amendment applies to a dispute for which arbitration was initiated before the change.

Termination of license and your account

If you breach these Terms, all licenses we granted terminate automatically. We may also suspend, disable, or delete your Account or the Services, in whole or in part, with or without notice and for any or no reason. If we delete your Account for a suspected breach, you may not re-register under a different name. On Account deletion for any reason, we may, but are not obligated to, delete your Materials, and we are not responsible for deleting them or for failing to do so. All provisions that by their nature should survive termination will continue in effect. Termination does not limit our other rights or remedies at law or in equity.

Injunctive relief

You agree that a breach of these Terms would cause irreparable injury to the Company for which monetary damages would not be an adequate remedy, and that the Company is entitled to equitable relief in addition to any other remedies, without bond, other security, or proof of damages.

California residents

If you are a California resident, under Cal. Civ. Code § 1789.3 you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Export laws

You agree not to export or re-export, directly or indirectly, the Services or other information or materials we provide, to any country for which the United States or another relevant jurisdiction requires an export license or governmental approval, without first obtaining it. In particular, the Services may not be exported or re-exported into any U.S. embargoed country or any country the U.S. Government has designated as supporting terrorism, or to anyone on a U.S. Government list of prohibited or restricted parties, including the Treasury Department's list of Specially Designated Nationals or the Commerce Department's Denied Persons List or Entity List. By using the Services, you represent that you are not located in any such country or on any such list, and you agree to comply at your own expense with all applicable United States export laws and regulations.

Miscellaneous

These Terms are the entire agreement between the parties regarding their subject matter and your use of the Services, and supersede all other agreements and understandings, written or oral, on that subject. If any provision is unlawful, void, or unenforceable, it is severable and does not affect the validity and enforceability of the remaining provisions. We may assign these Terms and the licenses granted here; you may not without our prior written consent. No waiver of any breach or default is a waiver of any preceding or subsequent breach or default. Section headings are for reference only and have no legal effect. We operate the Services from the United States; those who access them from elsewhere do so on their own initiative and are responsible for compliance with local law. These Terms are governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-law rules, and the proper venue for any dispute is the arbitration venue set out above or, if arbitration does not apply, the state and federal courts located in Virginia.

How to contact us

You may contact us about the Services or these Terms by email at hello@matildahq.com.

We send one-time passcode text messages to verify sign-ins. When you enter your phone number on our sign-in page and request a sign-in code, you consent to receive a text message containing a one-time verification code for that request. You may also receive a welcome message when your access becomes available, along with occasional product updates and tips, which may be sent using automated technology; marketing messages are not a condition of signing up. Separately, if you engage Matilda over iMessage, SMS, or WhatsApp, you will receive messages from the assistant in the course of the work you ask it to do. Message frequency varies. Message and data rates may apply. Reply STOP to cancel and stop receiving text messages from us, after which you will no longer receive sign-in codes by text message; reply START to resume. Reply HELP for help, or contact us at hello@matildahq.com. Wireless carriers are not liable for delayed or undelivered messages.