Terms of Service

Introduction

Welcome to Dash, an AI teammate made by Process Street, Inc. ("Process Street", "we", "us", "our"). These Terms of Service apply to your use of Dash, the dashpup.ai marketing site, the app.dashpup.ai dashboard, the Dash Slack application, any future Dash Microsoft Teams application, and any related websites, networks, applications, and other services (collectively, the "Service"). These Terms of Service are a legally binding contract between you and Process Street regarding your use of the Service.

Please read the following terms carefully.

By clicking "I accept," installing Dash, creating an account, or otherwise accessing or using the Service, you agree that you have read and understood, and as a condition to your use of the Service, you agree to be bound by the following terms and conditions, including the Dash Privacy Policy (together, these "Terms"). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service. Your use of the Service, and Process Street's provision of the Service to you, constitutes an agreement by Process Street and by you to be bound by these Terms.

Arbitration notice.

Except for certain kinds of disputes described in Section 17, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and by accepting these Terms, you and Process Street are each waiving the right to a trial by jury or to participate in any class action or representative proceeding. You agree to give up your right to go to court to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a neutral arbitrator and not a judge or jury. (See Section 17.)

1. Eligibility

You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that:

(a) you are at least 18 years old;

(b) you have not previously been suspended or removed from the Service; and

If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

2. Accounts and Registration

To access most features of the Service, you must register for an account. Each user must have a separate account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date at all times.

When you register, you will be asked to provide a password or to authenticate via OAuth with Slack, Microsoft Teams once available, or a third-party identity provider. We encourage you to use strong passwords that combine upper-case and lower-case letters, numbers, and symbols. You may not disclose your password or share, loan, or transfer your account ID or password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account.

If you believe that your account is no longer secure, you must immediately notify us at [email protected].

3. Payment Terms

Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and, except where required by law, are non-refundable.

3.1 Price

Process Street reserves the right to determine pricing for the Service. Process Street will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our pricing page periodically for current pricing.

Process Street may change the fees for any feature of the Service, including additional fees or charges, if Process Street gives you advance notice of the change before it applies. Process Street, at its sole discretion, may make promotional offers with different features and different pricing to any of Process Street's customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

3.2 Credits and Credit-Based Billing

Dash uses a credit-based usage model. Credits map to the model and compute cost of the work Dash performs on your behalf. New workspaces receive a one-time free credit allotment to start, with no credit card required. Paid plans include a recurring monthly credit allotment.

Credits are consumed when Dash performs work. The credit cost of common task types is published on our pricing page. Free-plan credits are one-time and do not roll over. Paid-plan credits do not roll over month to month, except as expressly stated on your plan. If you run out of credits, Dash will pause new requests and notify you; you can top up with a one-time credit pack or upgrade your plan. Approval-pending actions are never canceled mid-flight by a credit exhaustion event.

3.3 Authorization

You authorize Process Street or our payment processor to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Process Street, including all applicable taxes, to the payment method specified in your account.

If you pay any fees with a credit card, Process Street or its payment processor may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

If you choose to make payments using a valid automated clearing house ("ACH"), then you agree that:

(a) these Terms constitute a "writing signed by you" under any applicable law or regulation;

(b) you consent to the electronic delivery of the disclosures contained in these Terms;

(c) you authorize Process Street (or its agent) to make any inquiries we consider necessary to validate any dispute involving your payment, which may include ordering a credit report and performing other credit checks or verifying the information you provide against third-party databases; and

(d) you authorize Process Street (or its agent) to initiate one or more ACH debit entries (withdrawals), and you authorize the financial institution that holds your authorized bank account to deduct such payments, in the amounts and frequency designated in your then-current payment plan.

3.4 Subscription Service

The Service may include automatically recurring payments for periodic charges ("Subscription Service"). If you activate a Subscription Service, you authorize Process Street to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums.

The "Subscription Billing Date" is the day on which you purchased your first subscription to the Service and the same day of each month or year thereafter, depending on whether you have purchased a monthly or annual subscription. Your account will be charged automatically on the Subscription Billing Date for all applicable fees and taxes for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it.

For monthly subscriptions, you must cancel your subscription before the Subscription Billing Date in order to avoid billing of the next periodic Subscription Fee to your account. For annual subscriptions, you must cancel your subscription at least 30 days prior to the Subscription Billing Date to avoid being charged.

We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service by emailing us at [email protected] or from the Billing page in your Dash dashboard.

3.5 Refunds

You may request a refund within 14 days of your first paid charge if you have used less than 10% of your monthly credits. Refunds outside this window are at our discretion. We will refund to the original payment method.

3.6 Delinquent Accounts

Process Street may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any of the unpaid amount, including collection fees.

4. Licenses

4.1 Limited License

Subject to your complete and ongoing compliance with these Terms, Process Street grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your personal use or, if you are a business, for internal business purposes.

4.2 License Restrictions

Except and solely to the extent such a restriction is impermissible under applicable law, you may not:

(a) modify, disassemble, decompile, or reverse engineer the Service;

(b) reproduce, distribute, publicly display, or publicly perform the Service; or

(c) interfere with or circumvent any feature of the Service, including any security, approval, or access-control mechanism.

If you are prohibited under applicable law from using the Service, you may not use it.

4.3 Feedback

If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service ("Feedback"), then you hereby grant Process Street an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

5. Ownership; Proprietary Rights

The Service is owned and operated by Process Street. The visual interfaces, graphics, design, compilation, information, data, software, mascots (including the Dash mascot), products, services, and all other elements of the Service ("Materials") provided by Process Street are protected by intellectual property and other laws.

All Materials included in the Service are the property of Process Street or its third-party licensors. Except as expressly authorized by Process Street, you may not make use of the Materials. Process Street reserves all rights to the Materials not granted expressly in these Terms.

6. Third-Party Services and Linked Websites

Dash is designed to operate alongside third-party tools and services that you authorize, including Slack, Microsoft Teams once available, HubSpot, Salesforce, Stripe, Gmail, Google Workspace, Notion, Linear, GitHub, and others. By connecting a third-party service to Dash, you agree that Process Street may transfer information between Dash and that service to the extent necessary to perform the work you ask Dash to do.

Third-party services are not under Process Street's control. To the fullest extent permitted by law, Process Street is not responsible for any third-party service's collection, use, or disclosure of information that you direct Dash to send to it.

The Service may also contain links to third-party websites. Linked websites are not under Process Street's control, and Process Street is not responsible for their content.

7. Third-Party Software

The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components ("Third Party Components"). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third-party licenses or to limit your use of Third Party Components under those third-party licenses. For a list of open-source components used in the Service, please contact [email protected].

8. User Content

8.1 User Content Generally

Certain features of the Service permit users to provide content to Dash, including messages directed to Dash, files, prompts, drafts, instructions, and the outputs Dash produces on your behalf, along with the data Dash reads from third-party tools you authorize (collectively, "User Content"). You retain any copyright and other proprietary rights that you may hold in the User Content that you provide to or through Dash.

8.2 Limited License Grant to Process Street

By providing User Content to or via the Service, you grant Process Street a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content solely as necessary to provide the Service.

Process Street does not use your User Content to train AI models, and we contractually require our model and infrastructure sub-processors not to use it for training either.

8.3 Limited License Grant to Other Users

Certain features of the Service may permit you to make your User Content accessible to other users of the Service, including other members of your Slack workspace, and Microsoft Teams workspace once Teams support is available. If you opt to make your User Content accessible to other users, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.

8.4 User Content Representations and Warranties

Process Street disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:

(a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Process Street and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Process Street, the Service, and these Terms;

(b) your User Content, and the use of your User Content as contemplated by these Terms, does not and will not:

(i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

(ii) slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any other person; or

(iii) cause Process Street to violate any law or regulation; and

(c) your User Content does not contain any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets);

(d) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, abusive, embarrassing, hateful, harmful to children, or otherwise inappropriate.

8.5 User Content Disclaimer

We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Process Street may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable.

You understand that when using the Service you will be exposed to User Content from a variety of sources, including content generated by Dash itself, and acknowledge that User Content and AI-generated outputs may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Process Street with respect to User Content.

If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Process Street does not permit copyright-infringing activities on the Service.

8.6 Monitoring Content

Process Street does not control and does not have any obligation to monitor:

(a) User Content;

(b) any content made available by third parties; or

You acknowledge and agree that Process Street reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Process Street chooses to monitor the content, Process Street still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.

9. AI Outputs; Your Responsibility for Approvals

Dash is an AI teammate. It generates outputs based on your instructions, your workspace memory, and the data it reads from the tools you connect. AI outputs can be inaccurate, incomplete, or out of date. You are responsible for reviewing Dash's work before relying on it.

Where Dash performs actions that send, post, write, or spend on your behalf, Dash requests your approval before executing. By approving an action, you are confirming that you have reviewed the action and accept responsibility for it. Process Street is not responsible for the consequences of actions you approve.

You are responsible for the actions of users you authorize to interact with Dash in your workspace, including approvals they grant. Workspace admins are responsible for setting and enforcing internal policies about which channels Dash may join, which tools Dash may connect, and which users may grant approvals.

10. Prohibited Conduct

By using the Service you agree not to:

(a) use the Service for any illegal purpose or in violation of any local, state, national, or international law;

(b) violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;

(c) publish or post other people's private or personally identifiable information, such as credit card numbers, street addresses, or Social Security or national-identity numbers;

(d) interfere with security-related features of the Service, including by:

(i) disabling or circumventing features that prevent or limit use or copying of any content; or

(ii) reverse engineering or otherwise attempting to discover the source of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;

(e) interfere with the operation of the Service or any user's enjoyment of the Service, including by:

(i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious payload;

(ii) making any unsolicited offer or advertisement to another user of the Service;

(iii) collecting personal information about another user or third party without consent; or

(iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;

(f) perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, or accessing any other Service account without permission;

(g) share your account credentials with any other person or entity;

(h) sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 5) or any right or ability to view, access, or use any Materials;

(i) use the Service to build a competing AI teammate product, or to train any AI model that competes with Dash; or

(j) attempt to do any of the acts described in this Section 10 or assist or permit any person in engaging in any of the acts described in this Section 10.

11. Digital Millennium Copyright Act

We respect others' intellectual property rights and we ask that you do too. We will respond to notices of alleged copyright infringement that are provided to us in accordance with the Digital Millennium Copyright Act (the "DMCA"). Send DMCA notices to [email protected].

12. HIPAA

To the extent you:

(i) are subject to the Health Insurance Portability and Accountability Act of 1996 and the regulations promulgated thereunder (collectively, "HIPAA"); and

(ii) your use of the Service requires Process Street to create, receive, maintain, or transmit protected health information ("PHI") for you or on your behalf as a business associate (as such terms are defined by HIPAA),

you represent and warrant that you will enter into Process Street's business associate agreement prior to disclosing or otherwise making available to Process Street any PHI in any form whatsoever.

13. Modification of these Terms

We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication.

Except as expressly permitted in this Section 13, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

14. Term, Termination, and Modification of the Service

14.1 Term

These Terms are effective beginning when you accept the Terms or first install, access, or use the Service, and ending when terminated as described in Section 14.2.

14.2 Termination

If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, Process Street may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice.

You may terminate your account and these Terms at any time by running the Clean Workspace command from your Dash dashboard or by contacting [email protected].

14.3 Effect of Termination

Upon termination of these Terms:

(a) your license rights will terminate and you must immediately cease all use of the Service;

(b) you will no longer be authorized to access your account or the Service;

(d) all payment obligations accrued prior to termination and Sections 4.3, 5, 9, 14.3, 15, 16, 17, 18, and 19 will survive.

14.4 Modification of the Service

Process Street reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Process Street will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.

15. Indemnity

To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Process Street and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (together, the "Process Street Entities") from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or connected with:

(a) your unauthorized use of, or misuse of, the Service;

(b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;

(c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right;

(d) any action Dash performed on your behalf at your direction or with your approval; or

(e) any dispute or issue between you and any third party.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

16. Disclaimers; No Warranties

The Service and all materials and content available through the Service are provided "as is" and on an "as available" basis. Process Street disclaims all warranties of any kind, whether express or implied, relating to the Service and all materials and content available through the Service, including:

(a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and

(b) any warranty arising out of course of dealing, usage, or trade.

Process Street does not warrant that the Service or any portion of the Service, or any materials or content offered through the Service, will be uninterrupted, secure, accurate, or free of errors, viruses, or other harmful components, and Process Street does not warrant that any of those issues will be corrected.

No advice or information, whether oral or written, obtained by you from the Service or Process Street entities or any materials or content available through the Service will create any warranty regarding any of the Process Street entities or the Service that is not expressly stated in these Terms. We are not responsible for any damage that may result from the Service and your dealing with any other Service user. You understand and agree that you use any portion of the Service at your own discretion and risk, and that we are not responsible for any damage to your property (including your computer system or mobile device used in connection with the Service) or any loss of data, including User Content.

The limitations, exclusions, and disclaimers in this section apply to the fullest extent permitted by law.

Process Street does not disclaim any warranty or other right that Process Street is prohibited from disclaiming under applicable law.

17. Limitation of Liability

To the fullest extent permitted by law, in no event will the Process Street entities be liable to you for any indirect, incidental, special, consequential, or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the Service or any materials or content on the Service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not any Process Street entity has been informed of the possibility of damage.

Except as provided in Section 18.5 and to the fullest extent permitted by law, the aggregate liability of the Process Street entities to you for all claims arising out of or relating to the use of or any inability to use any portion of the Service or otherwise under these Terms, whether in contract, tort, or otherwise, is limited to the greater of:

(a) the amount you have paid to Process Street for access to and use of the Service in the 12 months prior to the event or circumstance giving rise to the claim; or

(b) $100.

Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under these Terms. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these Terms. The limitations in this Section 17 will apply even if any limited remedy fails of its essential purpose.

18. Dispute Resolution and Arbitration

18.1 Generally

In the interest of resolving disputes between you and Process Street in the most expedient and cost-effective manner, and except as described in Sections 18.2 and 18.3, you and Process Street agree that every dispute arising in connection with these Terms will be resolved by binding arbitration.

Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms.

You understand and agree that, by entering into these Terms, you and Process Street are each waiving the right to a trial by jury or to participate in a class action.

18.2 Exceptions

Despite the provisions of Section 18.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to:

(a) bring an individual action in small claims court;

(b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available;

(d) file suit in a court of law to address an intellectual property infringement claim.

18.3 Opt-Out

If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 18 within 30 days after the date that you agree to these Terms by sending a letter to:

Process Street, Inc.
Attention: Legal Department, Arbitration Opt-Out
201 Spear Street, #1100, PMB 3144
San Francisco, CA 94105
USA

Your letter must specify:

(a) your full legal name;

(b) the email address associated with your account on the Service; and

Once Process Street receives your Opt-Out Notice, this Section 18 will be void and any action arising out of these Terms will be resolved as set forth in Section 19.2. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

18.4 Arbitrator

Any arbitration between you and Process Street will be settled under the Federal Arbitration Act and administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (collectively, "AAA Rules") as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Process Street. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

18.5 Notice of Arbitration; Process

A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail ("Notice of Arbitration").

Process Street's address for Notice is:

Process Street, Inc.
201 Spear Street, #1100, PMB 3144
San Francisco, CA 94105
USA

The Notice of Arbitration must:

(a) describe the nature and basis of the claim or dispute; and

(b) set forth the specific relief sought ("Demand").

The parties will make good-faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Process Street may commence an arbitration proceeding.

All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Process Street must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.

If the arbitrator awards you an amount higher than the last written settlement amount offered by Process Street in settlement of the dispute prior to the award, Process Street will pay to you the higher of:

(i) the amount awarded by the arbitrator; or

(ii) $10,000.

18.6 Fees

If you commence arbitration in accordance with these Terms, Process Street will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules.

Any arbitration hearing will take place at a location to be agreed upon in San Francisco County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted:

(a) solely on the basis of documents submitted to the arbitrator;

(b) through a non-appearance-based telephone hearing; or

If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Process Street for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.

Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

18.7 No Class Actions

You and Process Street 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 or representative proceeding.

Further, unless both you and Process Street agree otherwise, 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.

18.8 Modifications to this Arbitration Provision

If Process Street makes any future change to this arbitration provision, other than a change to Process Street's address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Process Street's address for Notice of Arbitration, in which case your account with Process Street will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.

18.9 Enforceability

If Section 18.7 or the entirety of this Section 18 is found to be unenforceable, or if Process Street receives an Opt-Out Notice from you, then the entirety of this Section 18 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 19.2 will govern any action arising out of or related to these Terms.

19. Miscellaneous

19.1 General Terms

These Terms, together with the Privacy Policy and any agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Process Street regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent.

The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word "including" means "including but not limited to".

If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

19.2 Governing Law

These Terms are governed by the laws of the State of California without regard to conflict-of-law principles. You and Process Street submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in the United States, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.

19.3 Privacy Policy

Please read the Dash Privacy Policy carefully for information relating to our collection, use, storage, and disclosure of your personal information.

19.4 Data Processing Agreement

If you process personal data of EEA, UK, or Swiss data subjects through Dash, the Dash Data Processing Addendum is incorporated into these Terms by reference and applies to that processing.

19.5 Additional Terms

Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the "Additional Terms"). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

19.6 Consent to Electronic Communications

By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

19.7 Contact Information

The Service is offered by Process Street, Inc., located at:

201 Spear Street, #1100, PMB 3144
San Francisco, CA 94105
USA

You may contact us by sending correspondence to that address or by emailing us at [email protected].

19.8 Notice to California Residents

If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at:

1625 N. Market Blvd., Suite S-202
Sacramento, California 95834

or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

19.9 No Support Obligation

We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.

20. Notice Regarding Apple

This Section 20 only applies to the extent you are using a Dash mobile application on an iOS device. You acknowledge that these Terms are between you and Process Street only, not with Apple Inc. ("Apple"), and Apple is not responsible for the Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Service.

If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession or use of the Service, including:

(a) product-liability claims;

(b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or

Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party claim that the Service or your possession and use of the Service infringes a third party's intellectual property rights. You agree to comply with any applicable third-party terms when using the Service.

Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

You hereby represent and warrant that:

(i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and

(ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

These Terms are adapted from the Process Street, Inc. Terms of Service. Dash is made by Process Street, Inc.