Terms of Service

Last Updated: 2024-09-20

Introduction

Better, PBC (“we,” “us,” “our”, and “Unize”) operates Unize including specific services such as www.unize.org (“Unize Website”), app.unize.org (“Unize App”), and api.unize.org (“Unize AI API”). Collectively, these along with all associated services are referred to as the “Services.” The following terms of service (“Terms” or “Agreement”) govern the relationship between us and the person or entity using or accessing the Services we offer, including their authorized users such as employees, consultants, and agents (collectively referred to as “Customer,” “User,” “you,” or “your”).

PLEASE BE AWARE THAT THERE ARE CLASS ACTION, ARBITRATION, AND PAGA PROVISIONS CONTAINED IN THIS AGREEMENT. By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you disagree with any part of these Terms, then you do not have permission to access our Services.

Account Creation and Security

  1. You must be 13 years old or older to create an account with us.
  2. Account registration must be done by a human, not by a “bot” or any automated service.
  3. You are only allowed to create one account under your legal name and may not share your account with third parties.
  4. You must provide truthful, up-to-date, and accurate information when you create an account with any of our Services.
  5. You are responsible for maintaining the confidentiality of your password and are liable for the actions that you take when using your account. If you suspect or become aware of any unauthorized access to your account or a security breach, you must inform us immediately.
  6. You may never use another user’s account without permission.
  7. You may not use the Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules, and regulations (for example, federal, state, local, and provincial) applicable to your use of the Services and your content, including but not limited to, copyright laws.


Accounts found to violate these rules may be subject to investigation and potential account termination or suspension. We reserve the right to verify all user credentials and to reject any users. We reserve the right to deny or restrict your account at our discretion. You agree to notify Unize immediately of any unauthorized use of your account or any other breach of security. Unize will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge.

Rights and Intellectual Property

We hold ownership of all rights, including all intellectual property rights inherent in the Services, documentation, and any technology, templates, materials, or software used to provide the Services. The Services are made available to you via license and do not entitle you to any ownership of the Services. You merely receive a non-exclusive, limited, non-assignable, and fully revocable right to access the Services for personal purposes, at our discretion. Where you download any portion of our Services, we grant you a non-exclusive, limited, non-assignable, and fully revocable license to download and use one such copy solely for your personal own use. You acknowledge that the structure, organization, and code of the Services, any hosted services, and all related software components are proprietary to Unize and/or Unize’ licensors and that Unize and/or its licensors retains exclusive ownership of the Services, any documentation, information, and any and all other intellectual property rights relating to the Services, including all modifications, copies, enhancements, derivatives, and other software and materials developed hereunder by Unize. You shall not remove any proprietary, copyright, trademark, or service mark legend from any portion of any of the Services, including any modifications, enhancements, derivatives, and other software and materials developed by Unize. All rights not expressly granted in this Agreement are reserved for us. You may only access the Services as permitted by us and please be aware that we are not responsible for any User Content (defined below) encountered on the Services. Please be aware that all portions of the Services are offered on an “as is” basis and Unize makes no representations or warranties regarding any portion of the Services. Unize reserves the right to modify, change, and/or discontinue any and all portions of the Services at any time and may also remove or add features or functionality to any subscription levels at its sole discretion. Nothing in this Agreement obligates Unize to make any previously available feature on the Services available to Subscriber or offer any types of compatibility or versioning.

The name “Unize,” Unize’s logo, and the product names associated with the Services offered by Unize (“Mark” or collectively “Marks”) are trademarks of Better, PBC, and no right or license is granted to use them. You may not use the Services’ names or trademarks without our prior written consent. Without our prior written consent, using a Mark constitutes trademark infringement and unfair competition in violation of federal and state laws.

The following is a non-exhaustive list of our Marks. The absence of a product or service name or logo from this list does not constitute a waiver of trademark or other intellectual property rights.

  •  Unize
  •  unize.org
  •  Unize App
  •  Unize AI
  • Unize API
  •  Unize AI API
  • api.unize.org
  • app.unize.org

For more information on how to use our Marks contact [email protected].

Restrictions

You may not use the Services for any purposes beyond the scope of access granted under this Agreement. You are prohibited from engaging in any of the following activities, either directly or indirectly:


(a) Copying, distributing, manufacturing, adapting, creating derivative works of, translating, localizing, porting, or otherwise modifying any of the Services or other materials or documentation, in whole or part. 

(b) Disassembling, decompiling, reverse engineering, decoding, adapting, or attempting to discover the source code of any of Services’ software, or their underlying ideas, algorithms, or trade secrets.

(c) Using the Services to create or develop competing products or services, including training competing artificial intelligence models, unless expressly authorized by us in writing.

(d) Encumbering, sublicensing, transferring, renting, leasing, time-sharing, or using the Services in any service bureau arrangement or for the benefit of any third party.

(e) Using or permitting the transmission, transfer, export, re-export, or other transfer of any product, technology, or information obtained under this Agreement (or any direct product thereof) in violation of export control laws or regulations of the United States or any other relevant jurisdiction.

(f) Allowing any third party to engage in any of the aforementioned prohibited actions.

(g) Attempting to interfere with, compromise the system integrity or security, otherwise disrupt the Services.

(h) Taking any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure.

(i) Violating or infringing other people's intellectual property, privacy, or other contractual rights while using our Services.

(j) Using the Services in a manner that would cause liability or harm to Unize.

(k) Using the Services in any way that is misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.

If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Services may, at our discretion, be terminated or suspended. Additionally, if we believe that your actions may harm us or a third party we may suspend or terminate your use of the Services and we may pursue any legal remedy available to us under applicable law. Generally, we will provide an explanation for any suspension or termination of your use of any of our Services, but Unize reserves the right to suspend or terminate any account at any time at our discretion.

Content and Data

A user’s ability to submit or transmit any information through the Services, including but not limited to user information, financial information, data or data sets, reports, listings, recordings, written content, images, videos, or any other information will be referred to as “User Content” throughout this Agreement. Unize is not required to host, store, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content at our discretion. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Services may be modified, edited, or removed at our discretion.
When submitting any User Content to our Services you represent and warrant that you own all rights to the User Content, you have paid any fees to use or license the User Content, or you otherwise have the permission and right to use any User Content. Furthermore, you represent and warrant that all User Content is legal and the User Content does not interfere with any third party rights or obligations.

Unize has no liability to you for any User Content including all data, information, copy, images, URL names, and anything else submitted by you or any third parties using the Services. Specifically, Unize shall not be liable for any errors related to any User Content. We reserve the right to remove, delete, modify, screen, edit, or refuse any User Content for any reason or no reason, and with or without notice to you.
Our Rights to Your Content

When you submit any User Content to us, you grant Unize, its partners, affiliates, Users, representatives, and assigns a non-exclusive, unlimited, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of your User Content for such purposes as required by us to provide you access to the Services. This includes the right to:

  1. Use, store, and display your Content as necessary to provide and optimize our Services.
  2. Publish, publicly perform, or publicly display your Content, if you choose to make it visible to others.
  3. Monitor, modify, translate, and reformat your Content only to the extent necessary for provisioning the Services, such as adapting it to technical requirements.
  4. Sublicense your Content to third parties, solely to the extent necessary for the proper functioning and enhancement of our Services.


Enforcement and Removal of Content. We reserve the right to remove, block, or permanently delete your publicly available Content if it violates our Terms of Service, other policies, applicable laws, or regulations, or if it negatively affects our Services or other users. We are committed to fostering a safe and positive user environment but cannot guarantee that all content will align with every user’s values.

Content of Others. Our Services provide you with access to publicly available content owned by other users. You may not use this content without obtaining prior written consent from its rightful owner or as expressly permitted by law. The views expressed in user content do not necessarily represent those of Unize, and we do not verify the accuracy or reliability of any user-generated content.

Third-Party Resources. Our Services may include links to third-party websites, apps, or features. Access to any third-party resources is provided solely as a convenience to you, and we are not responsible for the contents or services on any linked third-party resource.

Usage Data

“Usage Data” meaning data that shows how you use the Services, is collected in a way that removes personal identifiers, ensuring it cannot be traced back to you. We may utilize anonymized Usage Data for internal analytics and business purposes, including to extract generalized insights or patterns derived from Usage Data for the purpose of improving the Services’ performance or functionality. Any materials produced using Usage Data are our sole and exclusive property.

Feedback

You may, from time to time and at your sole discretion, provide suggestions, comments, or other feedback relating to the Services (collectively, "Feedback") to us. Should we request your assistance, you agree to reasonably assist us in addressing any errors, issues, or defects in the Services you identify. You hereby irrevocably assign to us all rights, title, and interest in and to the Feedback, including but not limited to any ideas, know-how, concepts, techniques, or other intellectual property rights contained therein. We may use such Feedback for any purpose without obligation for attribution or compensation. You acknowledge that we are not required to implement or use any Feedback and that all Feedback becomes our sole property and shall be treated as our confidential information.

Marketing

We may inquire if users would like to be featured in marketing-related materials. If you provide written consent to be featured, you grant us the non-exclusive right to use your name, logo, and trademarks in publicity, including, but not limited to, displaying your name, logo, or trademark on our website and marketing materials.

We will ask for your consent before sending you any direct marketing; you can opt-out and withdraw your consent any time.

AI Training

We will not engage in, nor allow any third-party to engage in, the use of any non-public User Content to train, refine, or otherwise optimize any generative artificial intelligence model—including, but not limited to, those models used in our Services or for the benefit of third-party entities—without obtaining your consent.

Results Generated

Unize is not responsible for any information or results generated via the Services. User understands and agrees that all results generated by the Services are dependent on the information contained in any User Content submitted by you and you are solely responsible for that information. THE USER AGREES TO HOLD UNIZE FREE FROM RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF YOUR USE OF THE SERVICES OR RESULTS GENERATED. UNIZE WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES. Unize does not warrant any results, guarantee, endorse, or recommend any portion of the Services and use of the Services is at your own risk.

Unize Content

All content provided by Unize on the Services, including but not limited to materials, recordings, manuals, documentation, reports, and other information ("Unize Content"), is for general informational and educational purposes only. Unize does not endorse or warrant any Unize Content. All Unize Content is offered "as-is" without warranty of any kind.

Please be aware that Unize Content may be inaccurate, untimely, or contain errors. You solely are responsible for your use of any Unize Content and you agree to release us from any liability related to your use of any Unize Content. You are solely responsible for evaluating Unize Content. If you use or access any Unize Content you do so at your own risk.

Third Party Content and Websites

Unize does not endorse or warrant any Third Party Content including but not limited to any materials, results, information, or other data provided by another user or third party (collectively “Third Party Content”) and does not assume responsibility for any Third Party Content encountered whether through the Services or otherwise. If you use or access any Third Party Content you do so at your own risk. We recommend that you independently evaluate Third Party Content and you should not solely rely on the Third Party Content displayed on the Services to make any decisions. If you require more information regarding any Third Party Content, please contact the owner of such Third Party Content. Further, Unize assumes no liability for inaccuracies or misstatements made by such third parties responsible for such Third Party Content.

Through the Services User may connect to third party software or websites (“Third Party Website(s)”). Where a Third Party Website is made available through the Services, Unize does not warrant or endorse any such Third Party Websites. User uses any Third Party Websites solely at their own risk. All such Third Party Websites are controlled by third parties and such third parties are solely responsible for any claims or offerings made available through such Third Party Websites. Any issues with the transmission, processing, or storage of any User Content by any Third Party Websites is solely to be resolved by and between you and any entity owning such Third Party Websites. Unize will not be responsible for any connectivity issues related to any Third Party Websites and the Services. User’s access to any Third Party Websites are subject to the terms and conditions of the owner of such Third Party Websites and User agrees that User’s use of the Services shall not violate any terms or conditions of such Third Party Websites.

Digital Millennium Copyright Act

We respect the intellectual property rights of others and expect everyone to do the same. Pursuant to the Digital Millennium Copyright Act of 1998 (the “DMCA”), we will respond expeditiously to notices of alleged copyright infringement on our Services that are reported to us.

We prohibit copyright infringing activities on our Services and will, if properly notified of infringing User Content, expeditiously remove or disable access to such User Content. Upon receipt of the notice, we will take whatever action, in our sole discretion, is deemed appropriate, including removing or disabling access to the User Content without prior notice, to the extent it is technologically possible given the nature of our Services.

Notifying Us of Copyright Infringement

If you are a copyright owner, or agent thereof, please report alleged copyright infringement taking place on or through our Services by completing a DMCA notice of alleged infringement. For your notice to be valid under the DMCA, it must contain substantially the following information:

  1. Your physical or electronic signature.
  2. Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works.
  3. Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  4. Adequate information by which we can contact you (such as your name, postal address, telephone number, and email address).
  5. A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the written notice is accurate.
  7. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Your DMCA notice must be submitted to our DMCA Agent using the following contact information:

Legal Name: Better, PBC

Email: [email protected]

Phone: 6502736362

Address: 1503 Alturas Drive, Burlingame, CA 94010

DMCA notices should be submitted to Better, PBC via email. Upon receipt of a notice, we will promptly remove the challenged Content from our Services. Once User Content is removed, we will promptly inform any affected user(s).


Please be aware that if you knowingly materially misrepresent that material or activity in our Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) pursuant to the DMCA.

Issuing a Counter Notice

If you believe your User Content was removed by mistake, you may submit a counter notice with us. For your counter notice to be valid under the DMCA, it must contain substantially the following information:

  1. Your physical or electronic signature.
  2. 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.
  3. A statement under penalty of perjury by you that you have a good faith belief that the material identified was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  4. Your name, address, and telephone number.
  5. A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Services may be found) and that you will accept service from the person (or an agent of that person) who provided the Services with the complaint at issue.

Your DMCA counter notice must be submitted to our DMCA Agent using the following contact information:

Legal Name: Better, PBC

Email: [email protected]

Phone: 6502736362

Address: 1503 Alturas Drive, Burlingame, CA 94010

DMCA counter notices should be submitted to Better, PBC via email. Upon receipt of a counter notice, within 10–14 business days, we will restore access to challenged Content unless the original DMCA notice sender informs Better, PBC that it has filed a court action against the counter notice filer.

Please be aware that if you knowingly materially misrepresent that material or activity on our Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) pursuant to the DMCA.

Access

Equipment and Connections
In order to access the Services, you may be required to purchase “Equipment” such as a computer or other device. You are solely responsible for purchasing and properly connecting such Equipment to access the Services. Some portions of the Services may provide real time notifications through the internet or telecommunications systems (“Connection(s)”) you are solely responsible for purchasing and maintaining such Connections. Please be aware that standard data, calling, and message rates apply. Please consult your Connection provider for a full list of fees and charges. Unize shall not be liable to you for any failure or issue related to any Connection or Equipment you may use to interact with the Services.
User Account Holds
From time to time, Unize may freeze or place a hold (“Hold”) on a User’s account. Some of the reasons that we may place a Hold on User’s account include but are not limited to the following: (1) if we have reason that User’s actions have violated this Agreement, may harm our business, are deceptive, misleading, unlawful, or have harmed a third party or interfere with a third party contractual right; (2) at the request of our payment processors or due to delayed payment; or (3) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If User has questions about a Hold we may have placed on User’s account, or need information about how to resolve the Hold, please contact us at [email protected]. Additionally, we may suspend User’s access to the Services while such Hold is in place.
Services Availability
Although we strive to make the Services generally available, we do not guarantee that the Services will always be available, work, or be accessible at any particular time. Specifically, we do not guarantee any uptime or specific availability of the Services. You agree and acknowledge that the Services may not always be either 100% reliable or available. Only users who are eligible to use our Services may do so and we may refuse service or terminate your access at any time. We cannot guarantee that anything found on our Services will work to the functionality desired by you or give you any desired results.
Modification of Services
We reserve the right to alter, modify, update, or remove the Services or any portions thereof, at any time at our discretion. We reserve the right to discontinue previously offered features or functionality at our sole discretion and without prior notice. We are not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of any portion of the Services. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by the Services without notice to you.
Service Changes and Termination
You may request to delete your account at any time by contacting us. We may permanently or temporarily terminate or suspend your access to our Services without notice or liability, without cause or for any reason, including if in our sole discretion you violate any provision of these Terms.

Billing

When you elect to purchase Services from us, you are required to provide complete and accurate billing information, including a valid payment method ("Payment Method"). You agree that we will charge the Payment Method for any applicable fees listed for the Services at the time of your purchase as well as any applicable taxes. Importantly, the following conditions apply depending on the nature of the billing for specific Services:
  1. Recurring Subscription Fees: Fees designated as recurring are billed automatically at the start of each renewal period. This process will continue unless and until you cancel your subscription. You must pay these fees upfront for each billing period, starting with the initial term (date of purchase) and continuing through any subsequent renewal terms. IF YOUR ACCOUNT HAS BEEN SET UP FOR AUTOMATIC PAYMENTS, UNIZE MAY CHARGE YOU AUTOMATICALLY AND ON A RECURRING BASIS, UNLESS YOU NOTIFY US THAT YOU WANT TO CANCEL YOUR AUTOMATIC PAYMENT VIA YOUR ACCOUNT. ADDITIONALLY, YOU AUTHORIZE US TO BILL YOU ON A RECURRING BASIS AND AGREE THAT YOUR SELECTED SUBSCRIPTION SHALL AUTOMATICALLY RENEW FOR ADDITIONAL PERIODS (OF THE SAME LENGTH AS YOUR INITIAL SUBSCRIPTION) UNTIL WE ARE NOTIFIED OTHERWISE. YOU AGREE THAT NO ADDITIONAL CONSENT IS REQUIRED BY YOU TO CHARGE YOUR PREFERRED PAYMENT METHOD AUTOMATICALLY AND ON AN AUTOMATICALLY RENEWABLE BASIS FOR THE SUBSCRIPTION SELECTED.
  2. Usage-Based Fees: Fees based on usage are on a top-up basis. You can buy credits at any time and credit purchases will be charged to your Payment Method. As you use the Services, your consumption will be deducted from the available credits. Pricing information for any usage based fees can be found at https://www.unize.org/pricing. We may offer “free credits” for promotional purposes at no charge rather than for purchase. Free credits can expire or be revoked by us for any reason at any time.

We will notify you at least 30 days in advance of any changes in fees, including for both recurring and usage-based charges, before such changes take effect. Should you disagree with any changes in the fees, you have the option to cancel your subscription prior to the commencement of the next renewal term or cease your usage of our usage-based Services.

Subscription cancellations can be made at any time, but must be executed at least 24 hours before the last day of the current term to avoid charges for the next period. Access to the Services will continue through the end of the paid term. After the conclusion of your current subscription period, access to portions of our Services may become immediately disabled and some User Content may become immediately inaccessible, deleted, or removed. Where you have canceled your subscription, we have no responsibility to you for any losses incurred by you for your inability to access portions of Services or any User Content stored in such portions of the Services.

Additional fees may apply for additional Services or features, which we will communicate to you for your approval before these charges are applied. In case of Payment Method failure, we may either downgrade your Services or suspend your access until we receive a successful payment.

All fees are non-refundable, except as required by law. Where we do not collect taxes from you, you agree to pay any taxes associated with the use of the Services and to provide us with verification of such payment upon request.

We are not responsible for errors made by third-party payment processors in processing your fees. It remains your responsibility to maintain accurate and up-to-date Payment Method information. Please review your order carefully before confirmation to ensure understanding of these terms, especially regarding recurring and usage-based fees.

General Provisions

Entire Agreement
This Agreement along with the Privacy Policy constitute the complete and exclusive understanding and agreement between the parties regarding the subject matter herein and supersede all prior or contemporaneous agreements or understandings written or oral, relating to its subject matter. Where this Agreement expressly and directly conflicts with the Privacy Policy, this Agreement shall control. User may be notified for any waiver, modification, or amendment of this Agreement and such changes may require User’s affirmative consent where applicable. Any notices required under this Agreement shall be delivered to Better, PBC, 1503 Alturas Drive, Burlingame, CA 94010, delivery confirmation required. Any notices to User shall be delivered either electronically via email or to the User’s account within the Services.
Changes to the Terms of Service
We reserve the right to make changes to this Agreement at any time in our sole discretion. When we do, we will let you know by appropriate means such as by posting the revised agreement on this page with a new “Last Updated” date. Any changes to this Agreement will become effective when posted unless indicated otherwise. We encourage visitors to frequently check this page for any changes to the Terms. Your continued use of the Services after any change in this Terms of Service will constitute your acceptance of such change. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Services and please delete your account by contacting us.
Warranty Disclaimer
THE SERVICES IS PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER UNIZE, NOR ANY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, ASSIGNS, AFFILIATES, OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (1) THE SERVICES OR ANY ASSOCIATED SERVICES; (2) ANY INFORMATION OR CONTENT PROVIDED VIA THE SERVICES INCLUDING ANY CONFIDENTIALITY THEREOF; OR (3) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM THE SERVICES. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. UNIZE DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. UNIZE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICES IS ACCURATE, COMPLETE, OR USEFUL. UNIZE DOES NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND UNIZE SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.
Liability
IN NO EVENT SHALL UNIZE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT UNIZE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY UNIZE’S NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES, OR AGENTS; (2) FRAUDULENT MISREPRESENTATION; OR (3) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE. WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED, YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID IN THE PAST SIX (6) MONTHS TO USE OUR SERVICES OR ONE HUNDRED UNITED STATES’ DOLLARS, WHICHEVER IS GREATER.
Indemnity
You agree to defend, indemnify and hold harmless Unize, its officers, directors, employees, affiliates, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
  • your use of and access to the Unize Services;
  • your violation of any term of this Agreement;
  • your violation of any third party right, including without limitation any copyright, property, or contractual right. 
This defense and indemnification obligation will survive this Agreement and your use of the Unize Services. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
Choice of Law
This Agreement shall be governed by and interpreted in accordance with the laws of the State of California, without giving effect to principles of conflicts of law.
Disputes and Class Action Waiver
This Agreement and any dispute arising out of or in connection with this Agreement (“Dispute”) shall be subject to arbitration as set forth.
Binding Arbitration
You agree that any dispute relating in any way to your use of the Services shall be submitted to confidential binding arbitration.  If there is a dispute about whether this arbitration provision can be enforced or applies to the Dispute, you and Unize agree that the arbitrator will decide that issue. However, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
Arbitration under this Agreement is under the Federal Arbitration Act which governs the interpretation and enforcement of this provision. The arbitration will be administered by JAMS Arbitration in accordance with their Streamlined Arbitration Rules (the “Rules”) then in effect, found at https://www.jamsadr.com/. Arbitration shall be conducted by one (1) arbitrator as selected pursuant to the Rules; the arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The location of the arbitration shall be in San Mateo County, CA. Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration and/or any disputes related to confidential information, intellectual property rights, or requiring injunctive relief, shall be brought solely in a court of competent jurisdiction located within San Mateo County, CA. 
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted this Agreement by notifying us via mail at:
Better, PBC, 1503 Alturas Drive, Burlingame, CA 94010
In order to be effective, the opt out notice must include your full name, any account information, and must clearly indicate your intent to opt out of binding arbitration. If you have decided to opt-out of binding arbitration, all Disputes shall be heard in a court of competent jurisdiction located within San Mateo County, CA.
Class Action and PAGA Waiver
You and Unize agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
Electronic Communications
The communications between you and Unize use electronic means, whether you visit the Services or send Unize emails, or whether Unize posts notices on the Services or communications with you via mobile notifications or email. For contractual purposes, you (1) consent to receive communications from Unize in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Unize provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Termination
We may terminate this Agreement, if: (1) you have violated any applicable laws while using our Services; (2) if you have violated any portion of this Agreement or any of our Services policies; or (3) if we believe that any of your current or future actions may legally harm Unize, our business interests, or a third party, at our discretion. In the event of account termination, we will strive to provide you with a timely explanation; however, we are not required to do so. Please be aware that upon termination of your account, access to all or portions of our Services may become immediately disabled and any User Content stored on the Services may become inaccessible or deleted and we shall have no liability to you in regards to any retention of your User Content.
Assignment and Survival
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion. All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Disclaimer, User Content, Access, Payment, Indemnification, Class Action, and Arbitration sections.
Terms Waiver and Severability
Any waiver of any provision contained in these Terms shall not be deemed to be a waiver of any other right, term, or provision of these Terms. If any provision in these Terms shall be or become wholly or partially invalid, illegal, or unenforceable, such provision shall be enforced to the extent it is legal and valid and the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby.
Non-Waiver
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
California Residents
If you are a California resident, in accordance with 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 by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
Privacy Policy
Your information is collected and used in accordance with the Unize Privacy Policy. The Unize Privacy Policy is subject to these Terms.
Contact

If you have any questions about these Terms, please contact us at [email protected].

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