Terms of Service

1. Introduction

Welcome to Notable. These Terms of Service ("Terms") form a binding legal agreement between you and With Notable, Inc., a Delaware corporation ("Notable," "we," "us," or "our"), and govern your access to and use of the Notable platform, websites at withnotable.ai and any subdomains, applications, APIs, and related services (collectively, the "Service").

By creating an account, clicking "I Agree," or accessing the Service, you accept these Terms and our Privacy Policy and Acceptable Use Policy, which are incorporated by reference. If you do not agree, do not use the Service.

Please read Section 18 (Dispute Resolution; Arbitration; Class Action Waiver) carefully. It limits the way you can seek relief from us.

2. Who May Use the Service

2.1 Age and Authority

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you have the legal capacity to enter into these Terms.

2.2 Brokerage and Team Accounts

If you accept these Terms on behalf of a real estate brokerage, team, or other entity (a "Brokerage Customer"), you represent and warrant that (a) you have full legal authority to bind that entity, (b) you have read and agree to these Terms on its behalf, and (c) the entity agrees to be bound by these Terms. References to "you" include both you individually and the entity you represent.

2.3 Licensed Real Estate Professionals

The Service is intended for use by licensed real estate professionals and real estate brokerages. You represent that any individual whose information you submit (whether yourself or an agent on your roster) is, to your knowledge, a licensed real estate professional in the jurisdiction in which they practice.

3. The Service

3.1 What Notable Does

Notable provides a software platform that helps real estate professionals understand and improve their visibility in AI-generated recommendations across third-party AI platforms (such as ChatGPT, Perplexity, Gemini, and similar services). The Service includes scanning, scoring, audit, recommendation, and content generation features.

3.2 What Notable Is Not

The Service is a marketing analytics and content tool. Notable does not provide legal advice, fair housing compliance review, tax advice, financial advice, real estate transactional services, or guidance on professional ethics or licensing matters. You are solely responsible for ensuring your use of the Service and any content you publish complies with all laws, regulations, professional codes of ethics (including the NAR Code of Ethics where applicable), Fair Housing Act and state fair housing laws, CAN-SPAM, TCPA, advertising rules of your jurisdiction and state real estate commission, and any applicable MLS or brokerage policies.

4. Subscription Tiers

Notable offers the Service under the following tiers. The features, limits, and pricing for each tier are described on the Notable website and may be updated from time to time. Specific tier features and limits applicable to your subscription will be those in effect at the time you sign up or renew.

4.1 Pro Tier (Individual)

The Pro Tier is intended for a single real estate professional and provides access for one user managing one agent profile. Pricing for the Pro Tier is set forth on the Notable website at the time of subscription.

4.2 Pro+ Tier (Individual with Hosted Website)

The Pro+ Tier includes all Pro Tier features and adds a Notable-hosted website ("Website Builder Site") created and operated by Notable on your behalf. Pricing for the Pro+ Tier is set forth on the Notable website at the time of subscription. Special terms applicable to the Website Builder Site are described in Section 10.

4.3 Brokerage Tier

The Brokerage Tier is intended for real estate brokerages and provides access for designated brokerage administrators ("Brokerage Admins") and the agents they invite ("Brokerage-Managed Agents"). The Brokerage Tier includes a base allocation of Brokerage Admin seats and supports additional seats purchased as add-ons.

4.4 Free Scan

Notable may make available a free, limited-feature scan ("Free Scan") to prospective customers. The Free Scan is provided as a sample of the Service, may be limited in scope and frequency, and is governed by these Terms.

5. Accounts and Authentication

5.1 Account Creation

You must register an account to use the paid Service. You agree to provide accurate, current, and complete information and to keep your account information up to date. We use a third-party authentication provider (currently Clerk) to manage account creation and login. Your use of that authentication provider is also subject to its terms.

5.2 Account Security

You are responsible for safeguarding your account credentials and for all activity that occurs under your account. You must notify Notable promptly at security@withnotable.ai if you suspect unauthorized access. Notable is not liable for losses resulting from unauthorized access to your account caused by your failure to maintain credential security.

5.3 Brokerage Admin and Agent Accounts

Brokerage Customers may designate one or more Brokerage Admins. Brokerage Admins may invite agents to be managed under the Brokerage Customer's account ("Brokerage-Managed Agents"). Each Brokerage-Managed Agent must individually accept these Terms (or terms specifically applicable to End Users) when they first access the Service. Each Brokerage Admin and each Brokerage-Managed Agent is an "End User."

6. Brokerage Tier Specific Terms

6.1 Brokerage Customer Responsibilities

If you are a Brokerage Customer, you are responsible for: (a) the actions and conduct of your End Users on the Service; (b) ensuring each Brokerage-Managed Agent you invite has consented to having their data processed by Notable on your behalf; (c) ensuring your use of the Service complies with your obligations to your agents, including any independent contractor agreements, brokerage policies, and applicable state real estate laws; and (d) timely payment of all Fees.

6.2 Brokerage Admin Visibility into Agent Data

By design of the Brokerage Tier, Brokerage Admins have visibility into a defined, limited subset of Service data for each Brokerage-Managed Agent on the Brokerage Customer's roster, specifically: (a) the agent's AI visibility scores; (b) scan results, including which third-party AI platforms mention the agent and how; and (c) AI mention data and citation information for the agent. Brokerage Admins do NOT have visibility into the agent's roster or profile details beyond the agent's name and brokerage attribution, competitive intelligence specific to the agent, recommendation completion status, generated content drafts, the agent's action history within the Service, or the agent's personal communications with Notable support. Notable may modify the scope of Brokerage Admin visibility over time; material changes that expand visibility into previously private categories will be communicated to affected End Users in advance and, where appropriate, will require renewed acceptance from those End Users.

We disclose this visibility scope to End Users at the time they accept End User Terms or are invited to the Service. If you are a Brokerage Customer, you are responsible for any additional consents required under your relationships with your agents (e.g., under independent contractor agreements, brokerage policies, or state real estate laws).

6.3 Agent Departures and Data Portability

If a Brokerage-Managed Agent leaves your brokerage, you and the agent are responsible for coordinating the disposition of their data. By default, when a Brokerage Admin removes an agent from the roster, that agent's account is converted to an inactive state. The agent may, within ninety (90) days of removal, request to claim their data and convert their account to a Pro or Pro+ subscription, subject to the then-current pricing for that tier. After ninety (90) days, Notable may delete or anonymize the inactive agent's data in accordance with our Privacy Policy.

6.4 Seat Additions and Overages

Additional Brokerage Admin seats and Brokerage-Managed Agent seats may be added through the Service at the then-current rates. Added seats are billed prorated for the remainder of the current billing period and at the full rate thereafter.

7. Fees, Billing, Free Trial, and Auto-Renewal

7.1 Free Trial (Brokerage Tier)

Notable may offer a free trial period (currently seven (7) days) for the Brokerage Tier ("Free Trial"). The Free Trial is available only to first-time Brokerage Customers and is intended to give brokerages an opportunity to evaluate the Service. Notable may modify or discontinue the Free Trial at any time and may, in its discretion, decline a Free Trial to any party (for example, if abuse is suspected).

No payment method is required to start a Free Trial. AT THE END OF THE FREE TRIAL PERIOD, YOUR ACCESS WILL EXPIRE AUTOMATICALLY UNLESS YOU AFFIRMATIVELY UPGRADE TO A PAID SUBSCRIPTION BY PROVIDING A PAYMENT METHOD AND SELECTING A PLAN. YOU WILL NOT BE CHARGED WITHOUT YOUR EXPRESS CONSENT, AND YOUR SUBSCRIPTION WILL NOT AUTO-CONVERT.

We will send a reminder email to the address on your account at least two (2) days before the Free Trial ends, prompting you to upgrade if you wish to continue using the Service. You may cancel at any time during the Free Trial through your account settings; you may also simply allow the Free Trial to expire without taking any action.

Trial Limitations. The Free Trial provides access to substantially all Brokerage Tier features, with the following limitations: (a) certain AI-generated content (including blog post drafts, social posts, and other written outputs) generated during the Free Trial will include a Notable watermark, attribution, or notice indicating that the content was generated in trial mode; this watermark may take the form of an inline notice, a footer, or metadata embedded in the output; (b) trial-generated content is not intended for publication or distribution by you in its watermarked form; (c) Notable may impose reasonable per-trial usage caps on resource-intensive features (such as the number of scans, content generations, or website builds) to prevent abuse. When you upgrade to a paid subscription, the watermark is removed from content you generate going forward, and content generated during the trial can be regenerated without the watermark.

Each Brokerage Customer is eligible for one Free Trial. Notable may refuse to provide additional Free Trials to the same Brokerage Customer, related entities, or individuals who have previously used the Free Trial.

If you do not upgrade to a paid subscription, Notable may retain your account data in an inactive state for ninety (90) days, after which we may delete or anonymize it in accordance with our Privacy Policy. If you upgrade during the 90-day window, your account is restored.

7.2 Fees

You agree to pay all Fees described on the Notable pricing page for your selected subscription tier and any add-ons. All Fees are in U.S. Dollars and are non-refundable except as expressly stated in these Terms or required by applicable law. Notable uses a third-party payment processor (currently Stripe). You authorize us and our payment processor to charge your payment method for all Fees.

7.3 Auto-Renewal

Your paid subscription will automatically renew at the end of each billing period (monthly or annual, depending on the plan you selected) at the then-current Fees, unless you cancel before the renewal date. You may cancel at any time through your account settings or by emailing billing@withnotable.ai. Cancellation takes effect at the end of the then-current billing period; you will retain access through that date. Auto-renewal applies only after you have affirmatively converted from the Free Trial to a paid subscription by providing payment information.

7.4 Notice of Annual Renewal

For annual paid subscriptions, we will send a renewal reminder by email at least thirty (30) days before your annual renewal date. It is your responsibility to maintain a valid email address on file.

7.5 Price Changes

Notable may change Fees at any time. For active paid subscribers, price changes will take effect on the next renewal following at least thirty (30) days' notice by email. Your continued use of the Service following a price change constitutes acceptance of the new Fees.

7.6 Failed Payments

If a payment fails, we may suspend or terminate your access to the Service. We may also attempt to re-bill the same payment method or any payment method on file.

7.7 Taxes

Fees do not include taxes. You are responsible for all applicable sales, use, value-added, and similar taxes, except for taxes based on our net income.

7.8 Refunds

Except where required by applicable law, all Fees are non-refundable. Notable may, in its discretion, offer a satisfaction-based refund on a case-by-case basis; any such refund is not a waiver of this Section 7.8.

8. The Free Scan; Limitations of the Service

8.1 Free Scan

The Free Scan is provided "as is" and may be limited in scope, frequency, or feature set. Notable may modify or discontinue the Free Scan at any time. Free Scan results are intended to give you a directional indication of your visibility; they are not a comprehensive audit.

8.2 Dependence on Third-Party AI Platforms

THE SERVICE OPERATES BY QUERYING THIRD-PARTY AI PLATFORMS (INCLUDING WITHOUT LIMITATION CHATGPT, PERPLEXITY, AND GEMINI). NOTABLE DOES NOT CONTROL THOSE PLATFORMS. Their outputs are probabilistic, can vary between queries, can change based on model updates, prompt changes, indexing changes, ranking changes, or platform policy changes, and may produce inaccurate, incomplete, or misleading information about you, competitors, or third parties. Notable does not guarantee any specific scan result, visibility score, ranking position, citation outcome, or improvement over time, and makes no representation that any improvement experienced by any other customer will be replicated for you.

8.3 Recommendations and Generated Content

The Service generates recommendations and content (including schema markup, blog post drafts, review request templates, and other content) using AI and templated systems. These outputs are starting points for your review and use. They may contain errors, inaccuracies, or content that requires editing before use. You are solely responsible for reviewing all outputs for accuracy, compliance with applicable laws and professional codes, and suitability for your purposes before publishing or distributing them.

8.4 No Guaranteed Results

NOTABLE DOES NOT GUARANTEE THAT USING THE SERVICE WILL RESULT IN ANY SPECIFIC INCREASE IN VISIBILITY, LEADS, BUSINESS, REVENUE, OR OTHER OUTCOMES. ANY EXAMPLES, CASE STUDIES, OR PROJECTIONS PROVIDED ARE ILLUSTRATIVE AND NOT BINDING.

9. Your Content and Outputs

9.1 Your Content

"Your Content" means data, information, materials, profile content, agent information, website URLs, and any other content you submit to or generate through the Service. As between you and Notable, you retain all right, title, and interest in Your Content.

9.2 License to Notable

You grant Notable a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, modify (to the extent needed to operate the Service), display, and otherwise use Your Content solely to provide, maintain, secure, and improve the Service for you and, in the case of Brokerage Customers, for your End Users. The license terminates when Your Content is deleted from our systems, except for archival backups retained for a commercially reasonable period and aggregated or anonymized data as described in our Privacy Policy.

9.3 Outputs

"Outputs" means the recommendations, scores, content drafts, code snippets, and other materials generated by the Service in response to Your Content. As between you and Notable, you own the Outputs generated for your account, subject to your compliance with these Terms and any applicable third-party rights. Notable retains ownership of the Service itself and the templates, prompts, scoring methodologies, scan systems, and underlying technology used to generate Outputs.

Carve-out for Website Builder Sites. Notwithstanding the above, Notable retains all right, title, and interest in the Website Builder Site itself (including the website design, layout, themes, code, structure, hosting infrastructure, and the integrated rendering of Your Content on that Website Builder Site), as further described in Section 10. The text, biographical information, photographs, listings, blog posts, and other Content you provide to or generate through the Service remain Your Content even when displayed on a Website Builder Site, and you remain free to use that underlying Content elsewhere. What you do NOT own is the Website Builder Site as a published, hosted artifact.

9.4 No AI Model Training on Your Content

Notable does not use Your Content or Outputs to train any foundation AI model. Notable may use aggregated, anonymized, or de-identified data derived from use of the Service to improve, evaluate, and operate the Service.

9.5 Third-Party Information in Scan Results

Scan results may include information about third parties (such as competitor agent names, brokerage names, or publicly available sources). This information is gathered from third-party AI platforms and public sources. You are responsible for how you use this information and must not use it in a manner that violates third parties' rights, professional codes, or applicable law.

10. Website Builder Sites (Pro+ Tier)

10.1 The Website Builder Site

If you subscribe to the Pro+ Tier, the Service includes the creation and hosting of a Website Builder Site on your behalf. The Website Builder Site is a website that Notable designs, builds, and operates using Notable's technology, themes, layouts, and hosting infrastructure (currently GitHub Pages under the "withnotable" organization).

10.2 Ownership of the Website Builder Site

IMPORTANT — PLEASE READ THIS SECTION CAREFULLY.

Notable retains all right, title, and interest in and to the Website Builder Site, including without limitation the website design, layout, theme, structure, source code, configuration, and hosting environment. The Website Builder Site is provided to you as a hosted service for the duration of your active Pro+ Tier subscription. The Website Builder Site is NOT transferred, assigned, or licensed to you for use beyond the term of your subscription, and is NOT exportable, downloadable, or migratable to any other hosting provider.

10.3 Your Content on the Website Builder Site

Your Content displayed on the Website Builder Site (including your biographical information, photographs, blog posts, listing descriptions, neighborhood content, contact information, and similar materials) remains Your Content, owned by you, as described in Section 9. You may use Your Content elsewhere — on social media, on another website, in marketing materials, or in any other manner — independent of the Website Builder Site. What is NOT yours is the rendered, published Website Builder Site that displays Your Content. The Website Builder Site as a whole is a Notable service, not a customer asset.

10.4 Custom Domains

You may point a custom domain (such as a domain you own through GoDaddy or another registrar) to your Website Builder Site by configuring DNS records as instructed by the Service. The custom domain itself is and remains your property; you may at any time point that domain elsewhere. While your subscription is active, Notable will host the Website Builder Site at that custom domain. If your subscription terminates, the domain remains yours but will no longer resolve to a Notable-hosted site.

10.5 Cancellation and Termination of Website Builder Sites

If your Pro+ subscription is canceled or terminated:

• Your Website Builder Site will remain online through the end of the then-current paid subscription period for which you have paid.

• At the end of that paid period, the Website Builder Site will be taken offline.

• Notable does not provide a copy, export, archive, or migration path for the Website Builder Site. There is no "download my site" function.

• Your underlying Content (your bio text, your photographs, your blog post text) remains accessible to you to the extent you have your own copies of it. You are responsible for maintaining your own records of Your Content if you wish to publish it elsewhere.

• After the Website Builder Site is taken offline, the URL will return a "Site no longer available" or similar message. Notable may, in its discretion, display a brief notice that the site was formerly hosted by Notable and a generic "rebuild your website with Notable" message.

10.6 Notable Branding

Every Website Builder Site includes a small "Powered by withNotable" footer or attribution notice. You may not remove, modify, or obscure this notice. If you require removal of the attribution notice for white-label reasons, contact Notable to discuss a separate arrangement; absent a separate written agreement, attribution is required.

10.7 Your Responsibility for Published Content

You are solely responsible for the accuracy, legality, and compliance of all Content published through the Website Builder Site, including without limitation Fair Housing Act compliance, MLS rules, brokerage advertising policies, licensing-required disclosures, and accuracy of biographical, transactional, or testimonial claims. Notable is not the publisher of the content; you are.

10.8 Takedown

Notable may, in its discretion, suspend or remove Website Builder Site content (or take the entire site offline) that we reasonably believe violates these Terms, our Acceptable Use Policy, applicable law, the policies of our hosting providers, or that is the subject of a credible legal complaint. We will use commercially reasonable efforts to notify you before doing so.

10.9 Modifications by Notable

Because Notable owns and operates the Website Builder Site, Notable may make changes to the design, theme, layout, technical implementation, or hosting infrastructure at any time, including changes that affect how Your Content is displayed. Notable will use commercially reasonable efforts to give advance notice of changes that materially affect appearance or function.

11. Acceptable Use

Your use of the Service is subject to our Acceptable Use Policy, available at withnotable.ai/acceptable-use. Without limiting that policy, you agree not to: (a) use the Service to violate any law, professional code, or third party right; (b) use the Service to generate content that is fraudulent, deceptive, defamatory, infringing, or that violates Fair Housing or anti-discrimination laws; (c) reverse engineer, scrape, or copy the Service for the purpose of building a competing product; (d) share account credentials or resell access to the Service without our written authorization; (e) interfere with the operation of the Service or the third-party platforms it queries; or (f) submit content about another real estate professional with the intent to harm their business or reputation. Notable may suspend or terminate accounts that violate these restrictions.

12. Confidentiality

12.1 Definition

"Confidential Information" means non-public information disclosed by one party ("Discloser") to the other ("Recipient") that is identified as confidential or that a reasonable person would understand to be confidential under the circumstances. Confidential Information includes, for Notable, the non-public aspects of the Service, including scoring methodologies, prompt designs, scan techniques, and roadmap information; and for Brokerage Customers, business performance data and roster information.

12.2 Obligations

Recipient will protect Confidential Information using at least the same degree of care it uses for its own confidential information of similar importance (and in any event no less than reasonable care), and will use Confidential Information only as needed to exercise its rights and perform its obligations under these Terms.

12.3 Exceptions

Confidentiality obligations do not apply to information that (a) is or becomes publicly available without breach, (b) is rightfully known by Recipient before disclosure, (c) is rightfully received from a third party without breach, or (d) is independently developed without use of Confidential Information.

13. Intellectual Property

13.1 Notable IP

Notable retains all right, title, and interest in and to the Service, including all software, content (other than Your Content and Outputs), trademarks, logos, scoring methodologies, prompt designs, scan systems, and other intellectual property. No rights are granted to you except as expressly stated in these Terms.

13.2 Feedback

If you provide Notable with feedback, suggestions, or ideas about the Service, you grant Notable a perpetual, irrevocable, worldwide, royalty-free license to use that feedback for any purpose without compensation to you.

13.3 Trademarks; Publicity

You may not use Notable trademarks, logos, or brand assets without our prior written consent. Notable may identify you as a customer in customer lists and marketing materials and use your name and logo for that purpose. You may opt out of this use by emailing legal@withnotable.ai; opt-out will apply prospectively. This Section 13.3 does not authorize either party to make statements that misrepresent the relationship or results.

14. Privacy and Data Protection

Our Privacy Policy at withnotable.ai/privacy describes how we collect, use, store, and share personal data. By using the Service, you agree to the practices described there. Brokerage Customers acknowledge that their use of the Service involves processing personal data of their End Users and agents and is responsible for ensuring they have the rights to provide that data to Notable.

15. Service Availability and Modifications

15.1 Availability

Notable will use commercially reasonable efforts to make the Service available. The Service is not guaranteed to be available without interruption. Scheduled and emergency maintenance, third-party platform outages, internet service interruptions, and force majeure events may affect availability. Notable does not commit to a contractual uptime service-level commitment at the Pro, Pro+, or Brokerage Tier under these Terms.

15.2 Modifications to the Service

Notable may modify, suspend, or discontinue any aspect of the Service at any time, including adding or removing features, changing scan methodologies, or changing which third-party AI platforms are queried. Notable will use commercially reasonable efforts to provide notice of material changes that adversely affect paid features.

15.3 Beta Features

From time to time, Notable may offer features labeled as "beta," "preview," or similar. Beta features are provided "as is," may be discontinued at any time, and are not subject to the disclaimers and limitations of liability in the same way as the general Service.

16. Suspension and Termination

16.1 Termination by You

You may terminate your subscription at any time as described in Section 7.3. Termination takes effect at the end of the then-current billing period. If you cancel during a Free Trial, see Section 7.1.

16.2 Termination or Suspension by Notable

Notable may suspend or terminate your account or any End User's access immediately and without prior notice if we reasonably believe that (a) you or an End User have materially violated these Terms or our Acceptable Use Policy; (b) continued provision of the Service may expose Notable, our users, or others to legal or security risk; (c) we are required to do so by law or court order; or (d) for non-payment of Fees that remain outstanding after a reasonable cure period.

16.3 Effect of Termination

On termination, your right to access the Service ends. You may request an export of Your Content within thirty (30) days of termination. After ninety (90) days, Notable may delete or anonymize Your Content in accordance with our Privacy Policy. Provisions that by their nature should survive termination shall survive, including Sections 9 (Your Content and Outputs), 12 (Confidentiality), 13 (Intellectual Property), 17 (Disclaimers; Limitation of Liability), 18 (Dispute Resolution), and 19 (Indemnification).

17. Disclaimers; Limitation of Liability

17.1 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. NOTABLE DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY THIRD-PARTY AI PLATFORM OUTPUT OR ANY INFORMATION GENERATED ABOUT YOU, COMPETITORS, OR THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; TO THAT EXTENT, THIS DISCLAIMER MAY NOT APPLY TO YOU.

17.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) IN NO EVENT WILL NOTABLE BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOSS OF GOODWILL, OR LOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (B) NOTABLE'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (I) THE FEES PAID BY YOU TO NOTABLE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY OR (II) ONE HUNDRED DOLLARS ($100). THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE).

17.3 Basis of the Bargain

You acknowledge that the disclaimers and limitations in this Section 17 are a fundamental basis on which Notable is willing to provide the Service at the prices charged. The limitations apply even if a limited remedy fails of its essential purpose.

18. Dispute Resolution; Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL OR CLASS ACTION.

18.1 Informal Resolution

Before filing any formal proceeding, the parties will attempt to resolve any dispute informally for at least sixty (60) days after written notice describing the dispute is sent to legal@withnotable.ai (for notice to Notable) or to the email on file (for notice to you).

18.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally shall be resolved through binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules then in effect, except that the arbitrator may decide threshold issues of arbitrability. The arbitration shall take place in Charleston, South Carolina, or by remote means if the parties agree. The arbitrator's award is final and may be entered as a judgment in any court of competent jurisdiction.

18.3 Class Action Waiver

YOU AND NOTABLE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate the claims of multiple parties or preside over any form of representative proceeding.

18.4 Opt-Out Right

You may opt out of the arbitration and class action waiver provisions of Sections 18.2 and 18.3 by sending written notice to legal@withnotable.ai within thirty (30) days of first accepting these Terms. The notice must include your name, email address used to register, and a clear statement that you opt out of arbitration. If you opt out, neither you nor Notable may compel the other to arbitrate.

18.5 Exception for Injunctive Relief

Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property rights or confidential information, without first proceeding to arbitration or informal resolution.

18.6 Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles. For any matter not subject to arbitration, the parties consent to the exclusive jurisdiction of the state and federal courts located in Delaware.

19. Indemnification

19.1 By You

You will defend, indemnify, and hold harmless Notable and its officers, directors, employees, and agents from any third-party claim, action, demand, or proceeding, and any related losses, damages, liabilities, costs, and reasonable attorneys' fees, arising out of or relating to (a) Your Content or your use of Outputs, (b) your breach of these Terms or the Acceptable Use Policy, (c) your violation of any law or third-party right, including without limitation Fair Housing laws, advertising rules, or licensing requirements, or (d) for Brokerage Customers, the acts or omissions of your End Users.

19.2 By Notable

Notable will defend you against any third-party claim alleging that your authorized use of the Service infringes that third party's United States patent, copyright, or trademark, and will pay damages and reasonable attorneys' fees finally awarded against you on such claim, provided that you (a) promptly notify Notable of the claim, (b) give Notable sole control of the defense and settlement, and (c) reasonably cooperate with Notable. This obligation does not apply to claims arising from Your Content, your modification of Outputs, your combination of the Service with other products not provided by Notable, or your use of the Service in violation of these Terms.

19.3 Sole Remedy

This Section 19 states the parties' sole and exclusive remedies for the claims described.

20. Notices

Notices to Notable must be sent to legal@withnotable.ai. Notable may update this address by posting a new address in these Terms. Notices to you will be sent to the email address on your account. Notices are deemed given when received.

21. Changes to These Terms

Notable may update these Terms from time to time. If we make material changes, we will provide reasonable advance notice (typically at least thirty (30) days for paid subscribers) by email or through the Service. Your continued use of the Service after the effective date of updated Terms constitutes acceptance. If you do not agree to updated Terms, your remedy is to stop using the Service and cancel your subscription.

22. Miscellaneous

22.1 Entire Agreement

These Terms, together with the Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and Notable regarding the Service and supersede all prior or contemporaneous agreements on this subject.

22.2 Severability

If any provision of these Terms is held unenforceable, the remaining provisions will continue in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

22.3 No Waiver

Failure to enforce any right under these Terms is not a waiver of that right.

22.4 Assignment

You may not assign these Terms without our prior written consent. Notable may assign these Terms in connection with a merger, acquisition, sale of assets, or reorganization. Any prohibited assignment is void.

22.5 No Third-Party Beneficiaries

Except as expressly stated, these Terms do not create any third-party beneficiary rights.

22.6 Force Majeure

Neither party is liable for delays or failures caused by events beyond reasonable control, including acts of God, war, terrorism, natural disasters, internet outages, third-party service disruptions, or government action. Payment obligations are not excused.

22.7 Relationship of the Parties

The parties are independent contractors. These Terms do not create a partnership, joint venture, agency, employment, or fiduciary relationship.

22.8 Export Compliance

You may not use or export the Service in violation of U.S. export laws or sanctions, and you represent you are not located in a country or on a list subject to U.S. embargo.

22.9 Contact

Questions about these Terms? Email legal@withnotable.ai.

By creating an account or using the Service, you acknowledge that you have read these Terms, the Privacy Policy, and the Acceptable Use Policy, and you agree to be bound by them. If you are accepting on behalf of a Brokerage Customer or other entity, you represent that you have the authority to bind that entity.