Polia AI Terms of Service

Effective Date: May 13, 2025

These Terms of Service ("Terms") constitute a binding legal agreement between you, an individual or authorized entity representative ("you," "your," or "Customer"), and Plot Twist LLC, a California limited liability company doing business as Polia AI ("Polia AI," "we," "us," or "our"), governing your access to and use of any part of the Polia AI software-as-a-service automation platform, including all related websites, APIs, content-generation interfaces (such as Telegram bots), or integrations (collectively, the "Services").

BY ACCESSING OR USING THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND CONSENT TO BE BOUND BY THESE TERMS IN FULL. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES IN ANY MANNER.

1. ELIGIBILITY & GENERAL CONDITIONS

  1. Age and Authority. The Services are not intended for use by individuals under the age of eighteen (18). If you are using the Services on behalf of a business, organization, or other legal entity, you represent that you have full authority to bind such entity to these Terms.
  2. Jurisdictional Use. The Services are controlled and operated from within the United States. We make no representation that the Services or any content accessed via the Services are appropriate or available for use in other jurisdictions. Those who choose to access the Services from locations outside the U.S. do so at their own initiative and risk, and are solely responsible for compliance with local laws.
  3. Consideration. You acknowledge and agree that in exchange for your use of the Services, we may derive commercial value and goodwill from your usage activity, and you waive any claim to share in such value, revenue, or benefit.
  4. Modifications to Terms. Polia AI reserves the right, at our sole discretion, to modify these Terms at any time. Where material changes are made, we will provide reasonable advance notice via in-product message or email to your primary account address. Your continued use of the Services following such notification constitutes your acceptance of the revised Terms.
  5. Modifications to Services. Polia AI reserves the unilateral right to add, remove, or materially alter any feature, component, or aspect of the Services, including but not limited to underlying AI models or third-party integrations, at any time without prior notice or liability to you. This includes the right to suspend or discontinue the Services, in whole or in part, for scheduled maintenance, emergency downtime, migrations, or for any other reason at our sole discretion. We are not liable for any modification, suspension, or discontinuance of the Services.

2. ACCOUNT REGISTRATION & SECURITY

  1. Account Creation. To access most features of the Services, you must create an account using accurate, current, and complete information. You are solely responsible for all activities that occur under your account and for maintaining the confidentiality and security of your account credentials, including any OAuth or API-based Connected-Account Credentials.
  2. Unauthorized Access. You agree to notify Polia AI immediately at [email protected] of any unauthorized use of your account, credentials, or any other suspected breach of security. We disclaim any liability arising from unauthorized access or use of your account prior to receiving such notice from you.

3. BILLING, PAYMENTS, AND TAXES

  1. Fees. Access to certain Services or features may require payment of fees as set forth on our pricing page or in a separate executed agreement ("Fees"). All Fees are due in advance of the service period, quoted in U.S. Dollars, and are non-refundable, except where mandatory applicable law requires a refund.
  2. Recurring Charges. For subscription-based Services, you authorize Polia AI to automatically charge your designated payment method on a recurring basis (e.g., monthly, annually) for the then-current subscription Fees and any applicable taxes. You are responsible for keeping your payment information current. Subscription renewals will be charged at the prevailing rates unless otherwise agreed.
  3. Taxes. Customer is solely responsible for all sales, use, value-added (VAT), goods and services (GST), and any other similar taxes, duties, or governmental assessments imposed on your purchase or use of the Services, excluding only taxes based on Polia AI's net income. We may charge applicable taxes if required by law.
  4. Late Payments. If any Fees are not paid when due, Polia AI may, without limiting its other rights and remedies, charge late interest at the rate of 1.5% per month (or the highest rate permissible under law, if lower) on the overdue amount, and/or suspend or terminate your access to the Services. Customer agrees to reimburse Polia AI for all reasonable costs and expenses incurred in collecting any overdue amounts, including, without limitation, attorneys' fees and collection agency fees.

4. SERVICE DESCRIPTION

  1. Scope. Polia AI is a SaaS platform offering automated business assistance via AI-generated text, images, video, social posting, email sending, lead routing, booking integration, print-on-demand triggering, and third-party API orchestration (collectively, "User Content" or "Outputs" when generated by the Services based on your input).
  2. Integration. The Services function as an interface layer atop multiple third-party AI engines and infrastructure platforms. We do not host or control the underlying models (e.g., OpenAI, Anthropic, ElevenLabs, etc.) and disclaim any responsibility for their operation or limitations.
  3. License to Customer Content and Outputs. You retain ownership of your original input ("Customer Content"). By submitting Customer Content to the Services, you grant Polia AI a worldwide, royalty-free, non-exclusive license to host, copy, process, transmit, display, modify, and create derivative works of your Customer Content and any resulting Outputs solely for the purposes of: (i) providing, operating, maintaining, securing, and improving the Services; (ii) preventing or addressing service, security, support, or technical issues; (iii) complying with law or legal process; and (iv) generating anonymized, aggregated statistics and insights for our internal business purposes (e.g., service improvement, analytics), provided that such data does not identify you or your users.
  4. Output Content & IP Disclaimers.
    • While you retain ownership over your unique prompts and inputs, and generally over the specific compilation of Outputs you generate, Polia AI makes no representations or warranties regarding the intellectual property status of Outputs.
    • We do not and cannot assign to you any copyright, title, or IP rights in the underlying AI models or in content that we do not ourselves own or control. You may not receive any license or rights from upstream model providers, and we disclaim any ability to grant such rights.
    • Outputs may be similar or identical to content generated for other users and may be subject to copyright, trademark, or usage restrictions imposed by upstream model providers or other third parties.
    • If you require clear, exclusive, and assignable copyright ownership in generated content, you must not use our Services for such purposes. You are solely responsible for determining the IP status and suitability of any Output for your intended use.

5. BETA, PREVIEW, OR EXPERIMENTAL FEATURES

  1. Disclaimer. From time to time, Polia AI may offer features or services identified as "Beta," "Preview," "Labs," "Experimental," or a similar designation (collectively, "Beta Features"). You acknowledge and agree that Beta Features are provided for evaluation purposes only, are optional, and may not be ready for production use.
  2. "AS-IS" and "AT-YOUR-OWN-RISK." Beta Features are provided strictly "AS-IS," "AS AVAILABLE," and "AT YOUR OWN RISK," without any warranties, support, maintenance, or service level commitments of any kind. Polia AI disclaims all liability for any harm or damage arising out of or in connection with a Beta Feature.
  3. No Guarantees. We make no guarantees that any Beta Feature will ever be made generally available or that a generally available version will contain the same or similar functionality. We reserve the right to modify, suspend, or terminate access to any Beta Feature, or delete any data associated with your use of a Beta Feature, at any time and for any reason, without notice or liability.

6. ACCEPTABLE USE AND CONTENT RESTRICTIONS

  1. Prohibited Uses. You agree not to use the Services for, or in connection with, any of the following activities:
    • Any illegal, fraudulent, abusive, or deceptive activities, including but not limited to spam, scams, or phishing.
    • Infringement of intellectual property rights of Polia AI or any third party.
    • Distribution of malware, viruses, or other harmful or malicious code.
    • Generation or dissemination of hate speech, harassing or abusive content, discriminatory content, pornographic material, or content that exploits, abuses, or endangers children.
    • Processing or transmitting highly sensitive personal information (e.g., government-issued IDs, financial account numbers, protected health information under HIPAA) unless expressly permitted for a specific Service feature designed for such data and subject to additional terms (e.g., a BAA).
    • Violation of export control laws or economic sanctions.
    • Reverse engineering, decompiling, disassembling, or attempting to derive the underlying architecture, source code, or algorithms of any AI model accessible via or part of the Services.
    • Misrepresenting machine-generated content as solely human-authored without appropriate disclosure.
    • Violating any third-party API terms of service for services integrated with or accessed through Polia AI.
    • Training competing AI models on Outputs from the Services.
    • Circumventing usage throttling, rate limits, security measures, or any other technical limitations of the Services.
  2. Enforcement. Polia AI reserves the right, in its sole judgment, to investigate any suspected violation of these acceptable use and content restrictions and to take appropriate action, including but not limited to immediate suspension or termination of your access to the Services, removal of content, and reporting to law enforcement authorities, without prior notice or liability.

7. DMCA/COPYRIGHT POLICY

  1. Notice of Infringement. Polia AI respects the intellectual property rights of others and expects its users to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Polia AI's designated Copyright Agent as set forth below. For your complaint to be valid under the Digital Millennium Copyright Act (DMCA), you must provide the following information in writing:
    • An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
    • Identification of the copyrighted work that you claim has been infringed;
    • Identification of the material that is claimed to be infringing and where it is located on the Service;
    • Information reasonably sufficient to permit Polia AI to contact you, such as your address, telephone number, and email address;
    • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
    • A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
  2. Designated Copyright Agent. Polia AI's Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:
    Name/Title: Lindsay Pearce
    Address: Plot Twist LLC, 18375 Ventura Blvd., Suite 105, Tarzana, CA 91356 USA
    Email: [email protected]
  3. Counter-Notice. If you believe that your material has been removed or disabled by mistake or misidentification, you may file a counter-notice with us by submitting written notification to our Copyright Agent (identified above) that includes substantially the following:
    • Your physical or electronic signature;
    • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
    • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
    • Your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if your address is outside the United States, for any judicial district in which Polia AI may be found), and that you will accept service of process from the person who provided notification of alleged infringement or an agent of such person.
  4. Repeat Infringer Policy. In accordance with the DMCA and other applicable law, Polia AI has adopted a policy of terminating, in appropriate circumstances and at Polia AI's sole discretion, users who are deemed to be repeat infringers. Polia AI may also at its sole discretion limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

8. INTELLECTUAL PROPERTY

  1. Ownership. All rights, title, and interest in and to the Services, including but not limited to source code, user interfaces, software, algorithms, trademarks, logos, and business logic, and any know-how, trade secrets, and other intellectual property rights therein, remain the exclusive property of Polia AI or our licensors. Except for the limited license expressly granted herein, no license or right is granted by implication, estoppel, or otherwise.
  2. License to Use Services. Subject to your ongoing compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your internal business purposes in accordance with these Terms and any applicable documentation.
  3. Feedback. If you choose to submit suggestions, ideas, bug reports, or improvements related to the Services ("Feedback"), you hereby grant Polia AI an irrevocable, perpetual, worldwide, royalty-free, fully paid-up, non-exclusive license to use, reproduce, modify, distribute, create derivative works of, display, perform, and otherwise exploit such Feedback in any manner and for any purpose, without restriction or obligation to you.
  4. Publicity Rights. Unless you notify Polia AI in writing to [email protected] that you do not wish for your name and logo to be used, you grant Polia AI the right to use your company name and logo as a reference for marketing or promotional purposes on our website and in other public or private communications with our existing or potential customers, subject to your standard trademark usage guidelines as provided to us. You may opt-out of this by providing written notice to us.

9. THIRD-PARTY PLATFORMS & SERVICES

  1. Interfacing Tools. The Services may rely on, integrate with, or provide links to third-party websites, AI models, applications, messaging platforms (e.g., Telegram), email providers, analytics tools, or print-on-demand vendors ("Third-Party Services"). Your use of such Third-Party Services is governed solely by the applicable third-party terms and privacy policies, which Polia AI neither controls nor accepts responsibility for.
  2. Risk. You assume all risk associated with accessing, using, or relying on any Third-Party Services, and with connecting and transmitting data to external systems through our interface. Polia AI is not liable for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any Third-Party Services.

10. DISCLAIMERS & NO WARRANTY

(a) THE SERVICES (INCLUDING ANY BETA FEATURES) ARE PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POLIA AI AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.

(b) POLIA AI DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, NOR DO WE GUARANTEE THAT OUTPUTS WILL BE ACCURATE, ORIGINAL, COMPLETE, RELIABLE, NON-OFFENSIVE, OR FIT FOR ANY PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT THE OUTPUTS ARE GENERATED BY AI MODELS AND MAY CONTAIN INACCURACIES, BIASES, OR OFFENSIVE MATERIAL. YOU ASSUME SOLE RESPONSIBILITY AND ALL RISK FOR YOUR USE OF THE SERVICES AND ANY OUTPUTS, INCLUDING VERIFYING THE LEGALITY, ACCURACY, AND APPROPRIATENESS OF ALL OUTPUTS PRIOR TO USAGE OR DISTRIBUTION.

(c) Service Levels. Unless explicitly stated in a separately executed written Service Level Addendum signed by an authorized representative of Polia AI, Polia AI provides no guarantees regarding uptime, availability, performance, or specific service levels for the Services. Any references to service levels or performance metrics in marketing materials or documentation are illustrative only and do not constitute a binding commitment.

11. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

  1. Exclusion of Indirect Damages. IN NO EVENT SHALL POLIA AI OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR PERSONAL INJURY) ARISING OUT OF OR RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SERVICES OR ANY OUTPUTS, EVEN IF POLIA AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  2. Cap on Liability. IN NO EVENT SHALL POLIA AI'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF: (I) THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO POLIA AI FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CAUSE OF ACTION AROSE; OR (II) ONE HUNDRED U.S. DOLLARS ($100.00).
  3. Basis of Bargain. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND POLIA AI. POLIA AI WOULD NOT BE ABLE TO PROVIDE THE SERVICES ON AN ECONOMICALLY REASONABLE BASIS WITHOUT SUCH LIMITATIONS.

12. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Polia AI and its affiliates, officers, directors, employees, contractors, agents, licensors, and service providers (the "Indemnified Parties") from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and legal costs) arising out of or relating to: (i) your access to, use, or misuse of the Services or any Outputs; (ii) any Customer Content you submit, post, transmit, or otherwise make available through the Services; (iii) your breach or alleged breach of any of these Terms, including, without limitation, the Acceptable Use Policy or representations regarding export controls; (iv) your violation of any applicable law, regulation, or third-party right (including intellectual property rights or privacy rights); (v) any dispute or issue between you and any third party related to your use of the Services; or (vi) any regulatory inquiries, fines, penalties, or other governmental actions attributable to your use of the Services or your Customer Content/Outputs. Polia AI reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

13. MODIFICATION, SUSPENSION, AND TERMINATION OF SERVICES

  1. By You. You may terminate your account and these Terms at any time by providing written notice to Polia AI at [email protected] and ceasing all use of the Services. Termination will not relieve you of any obligation to pay outstanding Fees.
  2. By Polia AI. Polia AI may, in its sole discretion, suspend, limit, or terminate your access to or use of the Services, or any portion thereof, immediately and without prior notice or liability, for any reason or no reason, including, without limitation, if: (i) you breach any provision of these Terms, including the AUP; (ii) your use of the Services poses a security risk to Polia AI or any third party; (iii) we suspect fraudulent, abusive, or illegal activity; (iv) we are required to do so by law or by a regulatory body; (v) you have unpaid Fees; or (vi) we elect to discontinue the Services or any component thereof.
  3. Effect of Termination. Upon termination or expiration of these Terms for any reason: (i) all rights and licenses granted to you hereunder shall immediately terminate; (ii) you must immediately cease all use of and access to the Services; and (iii) Polia AI may, in its sole discretion, delete your account and any Customer Content or Outputs associated with your account, subject to our Privacy Policy and any applicable data retention requirements. Polia AI may delete all Customer Content and Outputs associated with your account within [X] days of termination or expiration of these Terms, unless otherwise required by applicable law or agreed in a separate written agreement.
  4. Survival. The following Sections shall survive any termination or expiration of these Terms: 3 (Billing, Payments, and Taxes - for amounts due), 4.3 (License to Customer Content and Outputs), 4.4 (Output Content & IP Disclaimers), 6 (Acceptable Use Policy - for post-termination obligations/investigations), 8 (Intellectual Property), 10 (Disclaimers & No Warranty), 11 (Limitation of Liability), 12 (Indemnification), 13.3 (Effect of Termination), 13.4 (Survival), 14 (Confidentiality), 15 (Dispute Resolution; Arbitration), 16 (Governing Law), 17 (Export Controls - ongoing compliance obligations), 20 (Notices), 21 (Entire Agreement, Severability & Waiver), and any other provisions that by their nature should survive.

14. CONFIDENTIALITY

  1. Definition. "Confidential Information" means any non-public information disclosed by Polia AI to you, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Polia AI's Confidential Information includes, without limitation, non-public aspects of the Services, its source code, technology, architecture, product roadmaps, pricing information, security measures, and business strategies. Confidential Information does not include information that: (i) is or becomes publicly known through no wrongful act of yours; (ii) was rightfully known to you without restriction before disclosure by Polia AI; (iii) was independently developed by you without use of or reference to Polia AI's Confidential Information; or (iv) is rightfully received by you from a third party without restriction and without breach of any confidentiality obligation.
  2. Obligations. You agree to: (i) use Polia AI's Confidential Information solely for the purpose of exercising your rights and performing your obligations under these Terms; (ii) not disclose Polia AI's Confidential Information to any third party without Polia AI's prior written consent, except to your employees, agents, or contractors who have a need to know and are bound by confidentiality obligations at least as restrictive as those herein; and (iii) protect Polia AI's Confidential Information from unauthorized use or disclosure using at least the same degree of care you use to protect your own confidential information of like importance, but in no event less than reasonable care.
  3. Compelled Disclosure. If you are compelled by law or a court order to disclose Polia AI's Confidential Information, you will provide Polia AI with prompt written notice (if legally permitted) so that Polia AI may seek a protective order or other appropriate remedy. You will furnish only that portion of the Confidential Information that is legally required to be disclosed.

15. DISPUTE RESOLUTION; ARBITRATION

  1. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
  2. Informal Negotiation. Before initiating any arbitration or formal legal proceeding, you and Polia AI agree to first attempt to negotiate any dispute, claim, question, or disagreement arising out of or relating to these Terms or the Services (a "Dispute") informally for at least thirty (30) days. Negotiations will begin upon written notice from one party to the other. Polia AI will send its notice to your registered email address. You will send your notice to Polia AI at the address provided in Section 23 (Contact Information) with a copy to [email protected]. Any applicable statute of limitations will be tolled during this 30-day negotiation period.
  3. Binding Arbitration Agreement. If a Dispute cannot be resolved through informal negotiation within thirty (30) days, then, except as otherwise provided herein, such Dispute shall be exclusively and finally resolved by binding arbitration. The arbitration will be administered by JAMS pursuant to its Streamlined Arbitration Rules & Procedures (the "JAMS Rules") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the JAMS Rules. The arbitration shall be conducted in Los Angeles County, California, USA, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The JAMS Rules are available at www.jamsadr.com or by calling JAMS at 1-800-352-5267. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable.
  4. Class Action and Collective Relief Waiver. YOU AND POLIA AI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, UNLESS BOTH YOU AND POLIA AI AGREE OTHERWISE IN WRITING.
  5. Right to Opt-Out of Arbitration. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to [email protected], with the subject line "ARBITRATION OPT-OUT," within thirty (30) days of first becoming subject to these Terms. Your notice must include your name and address, your Polia AI username (if any), the email address you used to set up your Polia AI account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
  6. Exceptions to Arbitration. Notwithstanding the foregoing, either party may bring an individual action in small claims court. Furthermore, claims of (i) patent infringement or invalidity, (ii) copyright infringement, (iii) trademark infringement, or (iv) trade secret misappropriation may be brought in any court of competent jurisdiction.
  7. Attorneys' Fees for Frivolous Claims. If the arbitrator determines that a claim initiated by you was frivolous, brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), or otherwise in bad faith, Polia AI shall be entitled to recover its reasonable attorneys' fees and costs incurred in defending against such claim.

16. GOVERNING LAW & VENUE

These Terms and your use of the Services, including any disputes arising out of or related thereto, shall be governed by and construed in accordance with the internal laws of the State of California, U.S.A., without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply. To the extent that any lawsuit or court proceeding is permitted hereunder (e.g., if you opt out of arbitration or for exceptions to arbitration), you and Polia AI agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.

17. EXPORT CONTROLS & SANCTIONS COMPLIANCE

  1. Compliance. The Services and underlying technology may be subject to U.S. export control laws, including the Export Administration Regulations (EAR), and economic sanctions regulations administered by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC). You represent and warrant that you are not: (i) located in, or a national or resident of, any country or territory that is subject to U.S. trade sanctions or other significant trade restrictions (including, without limitation, Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk People's Republic, and Luhansk People's Republic regions of Ukraine); (ii) identified on any U.S. government restricted party lists (including, without limitation, OFAC's Specially Designated Nationals and Blocked Persons List, the Department of State's Debarred List, or the Department of Commerce's Denied Persons List or Entity List); or (iii) owned or controlled by, or acting on behalf of, any such restricted party.
  2. Restrictions. You agree not to, and will not permit any third party to, access, use, export, or re-export the Services or any technical data related thereto in violation of U.S. export laws, regulations, or sanctions. This includes, without limitation, any use for prohibited end-uses such as nuclear, chemical, or biological weapons proliferation, or missile technology.
  3. Indemnity for Violations. You agree to indemnify and hold Polia AI harmless from any fines, penalties, or other liabilities incurred by Polia AI as a result of your breach of this Section.

18. U.S. GOVERNMENT END USERS

The Services and related documentation are "commercial computer software" and "commercial computer software documentation," respectively, as those terms are used in FAR 12.212 and DFARS 227.7202. If the Services are being acquired by or on behalf of the U.S. Government, then, as provided in FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, as applicable, the U.S. Government's rights in the Services and documentation will be only those specified in these Terms.

19. FORCE MAJEURE

Polia AI shall not be liable for any failure or delay in performance under these Terms due to events beyond its reasonable control, including but not limited to acts of God, natural disasters (e.g., fires, floods, earthquakes, storms), pandemics, epidemics, acts of war or terrorism, civil disturbances, labor disputes or strikes, interruptions in telecommunications or internet services, failures of third-party hosting providers or AI model providers, power outages, governmental actions, or any other cause beyond Polia AI's reasonable control (each a "Force Majeure Event").

20. ASSIGNMENT

  1. By Polia AI. Polia AI may assign, transfer, or delegate any of its rights and obligations under these Terms, in whole or in part, without your consent, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
  2. By Customer. You may not assign, transfer, or delegate any of your rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of Polia AI, and any attempted assignment without such consent will be null and void.

21. NOTICES

  1. To Customer. Polia AI may provide notices to you under these Terms by: (i) posting a notice on the Services; or (ii) sending a message to the email address then associated with your account. Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
  2. To Polia AI. To give us notice under these Terms, you must contact Polia AI as follows: (i) by email to [email protected], with a cc to [email protected] [Note: Create this alias or use a specific legal contact]; or (ii) by personal delivery, overnight courier, or registered or certified mail to Plot Twist LLC d/b/a Polia AI, Attn: Legal Department, 18375 Ventura Blvd., Suite 105, Tarzana, CA 91356 USA. Notices provided by personal delivery will be effective immediately. Notices provided by email (where permitted) or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

22. ENTIRE AGREEMENT, SEVERABILITY & WAIVER

  1. Entire Agreement. These Terms, including any policies or documents incorporated by reference (such as the Privacy Policy and any DPA), constitute the entire agreement between you and Polia AI regarding your use of the Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter. In the event of any conflict or inconsistency between these Terms and any other terms or policies referenced herein, these Terms shall control unless expressly stated otherwise in such other document.
  2. Severability. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if incapable of such modification, shall be severed from these Terms, and the remaining provisions of these Terms shall continue in full force and effect.
  3. Waiver. No waiver by Polia AI of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Polia AI to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Polia AI to be effective.

23. DATA PROCESSING ADDENDUM (DPA)

To the extent that your use of the Services requires Polia AI to process personal data falling within the scope of certain data protection laws (such as the GDPR or CCPA), our Data Processing Addendum ("DPA"), available upon request to [email protected] or at [Link to DPA, if available online], will apply and is incorporated by reference into these Terms and will govern the processing of such personal data.

24. CONTACT INFORMATION

Polia AI
Plot Twist LLC
Attn: Legal Department
18375 Ventura Blvd., Suite 105
Tarzana, CA 91356 USA
[email protected] (with cc to [email protected] for legal notices)

© 2025 Plot Twist LLC d/b/a Polia AI. All rights reserved.