TERMS OF SERVICE
Ficra, Inc.
Effective Date: March 2026
Welcome to Ficra! Please read on to learn the rules for using our website, applications, and services (collectively, the “Services”).
These Terms of Service (the “Terms”) are a contract between you and Ficra Inc. (“Ficra,” “we,” “our,” or “us”). You need to accept all the Terms to use the Services. Using the Services means you agree to these Terms, which stay in effect while you use the Services. These Terms include what’s on this page and in our Privacy Policy.
Please be aware that if you subscribe to the Services for a specific term, unless noted otherwise, your subscription will automatically renew for additional periods of the same length at our then-current prices. You can cancel your subscription anytime as described in the “Your Subscription” section below.
If you subscribed through your Apple ID, Apple handles all refund requests so you must contact Apple Support. If you subscribed through Google Play Store or directly through Ficra, contact our customer support team at support@ficra.ai.
The “Dispute Resolution” section of these Terms explains how any disputes between you and Ficra will be handled. It includes an arbitration agreement that requires most disputes to go through binding arbitration instead of court. You can opt out of this arbitration agreement by following the instructions in that section. If you don’t opt out, you’ll need to bring any claims against us individually (not as part of a class action), and you’ll be giving up your right to go to court or have a jury trial.
What is Ficra?
Ficra is an AI-powered personal assistant that uses a dedicated virtual computer to browse the web, access your accounts and applications, and complete tasks on your behalf. Each user’s assistant operates on its own virtual machine equipped with one or more browsers and the ability to download and run desktop applications. The Services use artificial intelligence to understand your goals, connect to third-party platforms and services on your behalf—through native integrations where available or browser-based access where they are not—and automate tasks ranging from messaging and scheduling to research and purchases. Your assistant can operate continuously on your behalf, even when you are not actively using the app. You may provide the Services with access to your third-party accounts, credentials, and personal information to enable these capabilities.
Third-Party Account Access
A core feature of the Services is the ability for your AI assistant to access and interact with third-party websites, platforms, and applications (“Third-Party Services”) on your behalf. To enable this, you may provide us with your login credentials, authentication tokens, or other access information for Third-Party Services. By providing credentials or connecting an account, you authorize Ficra’s AI assistant to act as your virtual agent and to access, operate, and interact with those Third-Party Services on your behalf, including when you are not actively using the app. By providing these credentials, you also represent and warrant that:
· You have the right to share those credentials and authorize our use of them to operate the Third-Party Services on your behalf;
· You understand that your use of Third-Party Services through Ficra remains subject to the terms of service, acceptable use policies, and privacy policies of those Third-Party Services;
· You are solely responsible for ensuring that your use of Third-Party Services through the Services complies with the applicable terms and policies of those Third-Party Services; and
· You accept the risk that a Third-Party Service may suspend, terminate, or restrict your account as a result of automated or agent-based access.
We store your credentials using industry-standard encryption and security practices, and access them solely to perform tasks you have directed. However, we are not responsible for the security practices, availability, or conduct of any Third-Party Service, and we disclaim all liability for any actions taken by Third-Party Services in response to your use of the Services, including account suspension or data loss.
You may revoke access to any Third-Party Service at any time through your account settings. Revoking access will stop future agent activity on that service but will not undo actions already taken.
Ficra is not affiliated with, endorsed by, or sponsored by any Third-Party Service. Our ability to interact with Third-Party Services may change at any time without notice, including as a result of changes those services make to their platforms or policies.
AI and Accuracy
We hope you’ll find the Services helpful, but please note that given the nature of AI technology, we can’t always guarantee accuracy, appropriateness, or desired outcomes. The Services may take autonomous actions on your behalf—including browsing websites, sending messages, interacting with third-party platforms, and completing tasks—based on your instructions and the AI’s interpretation of your goals. You are responsible for reviewing the actions your assistant takes, and you bear ultimate responsibility for the consequences of those actions, including any errors, unintended results, or interactions with third parties. We aim to help our users achieve their goals, but it’s up to you to set appropriate guardrails and verify outcomes. Some actions taken by the Services may be difficult or impossible to reverse, including messages sent, content posted, purchases completed, or accounts created on Third-Party Services. You should review agent activity regularly and configure any available safeguards to reflect your preferences.
AI-generated content and actions provided through the Services are for informational and task-automation purposes only and do not constitute medical, psychological, legal, financial, or other professional advice. You agree not to rely on AI-generated content or agent actions as a substitute for professional advice.
Human Assistance
In some cases, a member of our team or an authorized service provider may assist with or take over a task that the AI assistant is unable to complete on its own. A human assistant will only be engaged with your prior consent, and you will be notified before any handoff occurs. When a human assistant is engaged, they may have access to the information, accounts, and credentials you have provided to the Services in order to complete the requested task.
Human-assisted tasks may be subject to additional fees, which will be disclosed to you before you confirm the request. Ficra is not a licensed professional services firm, and human assistants do not provide medical, legal, financial, or other professional advice. Any recommendations or actions taken by a human assistant are subject to the same limitations and disclaimers that apply to the AI-generated Services described in these Terms.
Agent-Facilitated Transactions
The Services may help you research, compare, or complete purchases and other transactions with third parties (“Agent-Facilitated Transactions”). When the Services facilitate a transaction, you acknowledge that: (a) the transaction is between you and the applicable third-party merchant or service provider, not Ficra; (b) Ficra is not a party to, and has no liability for, any Agent-Facilitated Transaction; and (c) any disputes regarding an Agent-Facilitated Transaction must be resolved directly with the third party.
You are solely responsible for reviewing and authorizing any transaction before it is completed. Once a transaction is submitted to a third party, it may not be possible to cancel or reverse it. Ficra is not responsible for pricing errors, product availability, delivery, refunds, or any other aspect of a third-party transaction.
Your Privacy and Others
We’ll treat all personal data we collect in accordance with our Privacy Policy.
When you upload content to the Services, you confirm that you have the right to share it and that you’re complying with all applicable privacy laws. In some places, you may need consent from the other person before sharing content, so please be mindful of your local laws and respectful of what you reveal. You’re responsible for any content you upload and agree to hold us harmless if any issues arise from sharing content without proper permission.
We know many are excited to use the Services, but if you’re under 18, you cannot create an account or use the Services. The Children’s Online Privacy Protection Act (“COPPA”) requires online services to get parental consent before collecting personal information from children under 13. If you’re under 18, please don’t try to register for the Services or send us any personal information about yourself. If we discover that someone under 18 has provided us with personal information, we’ll delete it immediately.
Using the Services
Account Registration
The Services are offered only to individuals who are at least 18 years old and can form legally binding contracts. By creating an account, you represent that you meet this requirement. You’ll need to give us accurate, complete and up-to-date registration information about yourself at all times.
You can use the Services for your own personal or internal business purposes. You may not use the Services for the benefit of unaffiliated third parties, and you may not impersonate any person or entity. You can’t transfer or share your account or password with anyone else, and you need to keep them secure. You’re responsible for all activity on your account and with your account.
If you choose to sign up or log in using a third-party service (like Google or Facebook), we may receive information from that service such as your name, email address, and profile picture to create or authenticate your account. By using these login options, you authorize us to access and use this information in accordance with our Privacy Policy.
Our Policies and Standards
Your use of the Services is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. You agree to comply with the Acceptable Use Policy at all times, including with respect to any instructions you give your AI assistant and any actions the assistant takes on your behalf.
While we’re not obligated to monitor user activity or content, we may do so for security purposes and to protect the safety of our users and others. We reserve the right to remove content, suspend accounts, or report illegal activity to appropriate authorities if we discover violations of these Terms or our Acceptable Use Policy.
Safety and Emergencies
The Services are not designed for crisis intervention. If you believe you may harm yourself or others or are experiencing a medical or mental-health emergency, call 911 (U.S.) or your local emergency services immediately and discontinue use of the Services. If you believe someone is using the Services in a manner you believe is unsafe, harassing, or otherwise violates these Terms, please email safety@ficra.ai.
Our Rules and Requirements
We want you to have a great experience using the Services, but there are some rules to follow. When you use the Services, you promise not to connect to a Third-Party Service or use the Services in ways that:
· Infringe or violate anyone’s intellectual property or other rights;
· Violate any laws or regulations, including U.S. Export Administration Regulations (EAR) or International Traffic in Arms Regulations (ITAR);
· Are harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
· Include information you know (or should know) is wrong, incomplete, or debatable without proper disclaimers;
· Put your Account or anyone else’s at risk (like letting someone else log in as you);
· Try to get passwords, account info, or other security information from other users;
· Compromise computer network security or crack passwords or encryption codes;
· Run mailing lists, Listserv, auto-responders, spam, or any processes that run when you’re not logged in or that interfere with how the Services work (including overloading our infrastructure);
· “Crawl,” “scrape,” or “spider” any pages, data, or portions of the Services or Content (whether manually or automatically); or
· Decompile, reverse engineer, or try to get the source code or underlying ideas behind the Services.
If you violate any of these rules, we may terminate your right to use or access the Services immediately.
Your Subscription
These Terms start on the earlier of when you begin using the Services or when you register or activate your account with us. Unless noted otherwise during your registration, your subscription will automatically renew for additional periods of the same length at our then-current prices.
You can delete your account at any time by logging into the Services and following the instructions in the settings. Please note that if you delete your account, your subscription will continue until the end of the subscription period for which the applicable fees have been paid. Additionally, you may need to cancel any recurring subscriptions purchased via the Apple App Store or Google Play Store to avoid additional billing.
If either party decides not to continue your subscription, either party can choose not to renew it by delivering notice to the other party at least thirty (30) days before your current subscription term ends.
We can also terminate or suspend your account at any time for any reason, including if you breach these Terms. After termination, certain provisions of these Terms will continue to apply. This includes any payment obligations or indemnification requirements you have, limitations on our liability, terms about ownership or intellectual property rights, and dispute resolution terms.
Fees and Payment
The Services may have both free and paid features. Paid features require a subscription, with fees and payment terms detailed on our registration page (“Registration Page”). By selecting a paid plan, you agree to pay the fees listed on the Registration Page. You agree to pay all fees on time according to the billing terms when payment is due.
We reserve the right to adjust fees upon providing notice (either via email, a notification via the Services, or some other reasonable communication method). Your continued use of the Services after notice constitutes acceptance of the updated fees and terms.
You’ll need to give us valid and current credit card information. You authorize us to charge your credit card for the Services as described on the registration page and/or posted on the Services. If the Services allow payment methods other than credit card, we’ll invoice you in advance according to the relevant page of the Services. If you don’t pay on time, we reserve the right to add a finance charge of 1.5% per month (or the maximum allowed by law if lower), plus all collection expenses including reasonable attorneys’ fees.
While we hope you’ll love the Services, if you decide you want a refund, please note that all payments are generally final and non-refundable (except where our registration page says otherwise or applicable law requires it). If you bought or downloaded the Services through a third-party app store (like the Apple App Store or Google Play Store), their refund policies control—not ours. You’ll need to request any refunds directly from the app store following their rules and procedures.
Unless we say otherwise at checkout, listed prices exclude any sales, use, VAT, or similar taxes; where required we calculate and display these taxes at checkout based on your billing address, collect and remit them, and you agree to cover any additional amounts a taxing authority later determines should have applied (unless the shortfall is solely our error). If you claim a tax exemption, you must provide a valid exemption certificate before purchase, as taxes already paid are non-refundable.
Intellectual Property Rights
Your Content
As between you and Ficra, content that you upload and process through the Services (including your images, chat conversations, instructions to your AI assistant, and any data accessed, retrieved, or generated by the Services on your behalf through Third-Party Services) (“Content”) belongs to you. As such, you’re responsible for all Content you contribute to the Services, and by contributing it, you represent and warrant that you have all the necessary rights to do so. To provide you with the Services and its features, we need certain permissions to your Content. Accordingly, for the sole purpose of providing the Services and improving our products and services, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your Content. This license terminates after your Content is deleted from our systems.
Additionally, you grant us a perpetual, irrevocable, non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to use Content that has been anonymized, aggregated, or otherwise rendered non-identifiable for any purpose, including analytics, research, product development, and business operations.
Upon account deletion, we will delete your Content posted to your personal account, subject to our standard archival and disaster recovery systems. Notwithstanding the foregoing, we may not immediately delete Content when others use it under applicable licenses, technical limitations prevent deletion, or retention is necessary to investigate illegal activity, protect our systems and users, comply with legal preservation obligations, or respond to judicial, administrative, law enforcement, or government requests. We retain such Content only as long as necessary for these purposes.
As always, your personal data is subject to the terms of our Privacy Policy.
AI-Generated Output
Your input is your Content and, as described above, you own your Content. Ficra retains ownership of all its AI-generated outputs. We grant you a limited, personal, revocable, non-exclusive license to use AI-generated outputs solely for your lawful purposes. You agree not to use any AI-generated output for harassment, impersonation, defamatory, discriminatory, or otherwise unlawful or prohibited purposes. AI-generated suggestions may be similar or identical to outputs provided to other users, depending on the inputs you and other users provide.
Our Services and Marks
We own and retain all rights, title, and interest in and to the Services (including all intellectual property rights). When you use the Services, except where we’ve specifically granted you permission, you may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or otherwise exploit the Services.
If you have any feedback, suggestions, or share content publicly with us, that’s great. Just know that we may freely use, modify, and incorporate it into our products and services. We do appreciate your input!
Ficra™, Ficra Inc.™, and all related marks, logos, and user interface elements are trademarks owned exclusively by Ficra Inc. You may not use, reproduce, or copy these trademarks without explicit written consent from Ficra.
Copyright Complaints
If you believe content uploaded to the Services infringes your copyright, please notify our designated DMCA agent: legal@ficra.ai.
Include in your notification: (1) your physical or electronic signature; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the allegedly infringing material on the Services; (4) your contact information (name, address, phone number, email); (5) a statement that you have a good faith belief that use is unauthorized; and (6) a statement that the information provided is accurate, under penalty of perjury. Ficra reserves the right to terminate accounts of repeat infringers.
Changes to the Services
We’re always working to improve Ficra, so the Services may change from time to time. We might suspend or stop offering certain parts of the Services, add new features, set limits on features, or restrict access to some parts of the Services. When it’s practical, we’ll let you know about any material changes that might negatively affect you. We also reserve the right to throttle usage or implement rate limits as we deem reasonably necessary to maintain security, performance, and quality of service for all users.
Experimental Features
From time to time, we may offer beta or experimental features within the Services, whether called “Beta,” “Experimental,” or something else. You’ll have fun trying them out, but these features might only be available for a limited time and could change without letting you know first. They might work differently or have fewer features than our regular offerings. These beta/experimental features are provided at your own risk, which means we won’t be responsible for any bugs or unexpected things that happen when you use them.
Changes to these Terms
These Terms might need to change as we improve the Services. We can update the Terms at any time, but if we do, we’ll let you know by posting a notice on the Ficra website, sending you an email, or notifying you another way. If you don’t like the new Terms, you can reject them, but unfortunately that means you cannot continue enjoying Ficra, but if you decide to leave, you can stop using the Services at any time. We explain in our Privacy Policy how we handle your information after you stop using the Services, along with the licenses described above. Your Content may take a little while to be completely removed from our platform.
If we make changes to these Terms and you continue using the Services after those changes take effect, that means you accept all the changes.
What Else Do I Need to Know?
Entire Agreement
These Terms are the complete agreement between you and Ficra, and they replace all previous agreements or understandings about the subject matter of these Terms. No third parties are intended to benefit from these Terms.
No Promises
We provide the Services on an “as-is” basis. This means we don’t make any promises or guarantees about the Services, including that they’ll work perfectly, be suitable for your specific needs, won’t infringe on others’ rights, or will always be available without interruption. Some states don’t allow these kinds of disclaimers, so they may not apply to you.
FICRA MAKES NO GUARANTEE OF ANY PARTICULAR OUTCOME OR RESULT. Content provided by Ficra is for informational purposes and is not intended as professional advice.
AI-generated outputs may inadvertently reflect biases present in the underlying training data. We encourage all users to exercise independent judgment when relying on AI-generated content.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL FICRA (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO FICRA IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity
To the fullest extent allowed by applicable law, you agree to indemnify and hold Ficra and its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims relating to (a) your use of the Services (including any actions taken by your AI assistant or a human assistant on your behalf, and any actions taken by a third party using your account), (b) your violation of these Terms or our Acceptable Use Policy, (c) your provision of credentials or access to Third-Party Services, or (d) any violation of a Third-Party Service’s terms of service, policies, or guidelines resulting from your use of the Services. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations under these Terms).
App Platform Requirements
The following terms apply to your use of the Services via the Apple, Inc. (“Apple”) App Store or via the Google LLC or one of its affiliates (“Google”) Play Store.
Apple App Store
In connection with your use of the Services via an App Store application (an “Apple Application”):
· Both you and Ficra acknowledge that the Terms of Service are concluded between you and Ficra only, and not with Apple, and that Apple is not responsible for the Apple Application or your Content;
· The Apple Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms of Service as they are applicable to the Services;
· You will only use the Apple Application in connection with an Apple device that you own or control;
· You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple Application;
· In the event of any failure of the Apple Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Apple Application;
· You acknowledge and agree that Ficra, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Apple Application;
· You acknowledge and agree that, in the event of any third-party claim that the Apple Application or your possession and use of the Apple Application infringes that third party’s intellectual property rights, Ficra, and not Apple, will be responsible for the investigation, defense, settlement, and discharge of any such infringement claim;
· You represent and warrant that you are not located in a country subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country, and that you are not listed on any US Government list of prohibited or restricted parties;
· Both you and Ficra acknowledge and agree that, in your use of the Apple Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
· Both you and Ficra acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Service, and that upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as the third-party beneficiary of these Terms.
Google Play Store
By downloading an application for the Services from the Google Play Store (or its successors) operated by Google, you specifically acknowledge and agree that:
· To the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms of Service, the Google Play Terms shall apply with respect to your use of the Services that you download from Google Play, and
· You hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by Ficra or you (or any other user) under these Terms of Service or the Google Play Terms.
Assignment
You may not assign, delegate or transfer these Terms or your rights or obligations under these Terms, or your account, in any way (by operation of law or otherwise) without Ficra’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations under these Terms without consent.
Notices
For any official notices:
Email us at: support@ficra.ai
We’ll email you at the address you gave us when you signed up (or any new one you add to your settings)
Notices count as delivered when: sent by email, delivered in person or by overnight courier, or five (5) days after being sent by certified mail. Email works for all communications about the Services and updates to these Terms. Make sure to keep your email current in your settings so you get our messages.
Enforceability
If either of us doesn’t enforce a right, that doesn’t mean we’re giving it up. If any part of these Terms is found to be invalid or unenforceable, that part will be limited or removed to the minimum extent necessary, and the rest of these Terms will remain in full effect.
Force Majeure
Ficra shall not be liable or responsible for any failure or delay in performance of our obligations due to events beyond our reasonable control, including but not limited to outages, natural disasters, labor strikes, acts of terrorism, pandemics, internet service interruptions, or third-party service provider failures.
Dispute Resolution
Governing Law
These Terms and your use of the Services will be governed by the laws of the State of Delaware and United States law, without regard to conflict-of-law rules. You and Ficra agree to submit to the courts in Palo Alto, California or the United States District Court for the Northern District of California for any actions where either party seeks injunctive or other equitable relief to prevent infringement or violation of intellectual property rights, as described in the Dispute Resolution section below.
Arbitration and Class Action Waiver
Please read this carefully. It affects your rights. YOU AND FICRA AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO YOUR USE OF FICRA, TO ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED BY OR THROUGH FICRA, TO THIS AGREEMENT, OR TO THE CONTENT, AND/OR USER SUBMISSION ON FICRA SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION, except that (1) you may assert claims in small claims court if your claims qualify; and (2) this agreement to arbitrate does not include your or Ficra’s right to seek injunctive or other equitable relief in state or federal court in Palo Alto, California to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., and federal arbitration law apply to this agreement and govern all questions as to whether a dispute is subject to arbitration.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, can award on individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms.
“Disputes” shall include, but are not limited to, any claims or controversies between you and Ficra against each other related in any way to or arising out of in any way from the Services, the Content, or your use of the Services, including but not limited to sales, returns, refunds, cancellations, defects, policies, privacy, advertising, or any communications between you and Ficra, even if the claim arises after you or Ficra has terminated the Services or a user account. Disputes also include, but are not limited to, claims that: (a) you bring against our employees, agents, affiliates, or other representatives; or (b) that Ficra brings against you. Disputes also include, but are not limited to, (i) claims in any way related to or arising out of any aspect of the relationship between you and Ficra, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (ii) claims that arose before these Terms or out of a prior set of Terms with Ficra; (iii) claims that are subject to on-going litigation where you are not a party or a class member; and/or (iv) claims that arise after the termination of these Terms.
Before initiating an arbitration, you and Ficra each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute should be sent to: 125 University Ave. Suite 80, Palo Alto, CA 94301, United States or emailed at legal@ficra.ai. Ficra will provide a Notice of Dispute to you via the email address associated with your Ficra account. You and Ficra agree to make attempts to resolve the Dispute prior to commencing an arbitration and not to commence an arbitration proceeding until this sixty (60) days post-notice resolution period expires. If an agreement cannot be reached within sixty (60) days of receipt of the Notice of Dispute, you or Ficra may commence an arbitration proceeding.
Unless you and Ficra agree otherwise in writing, arbitration shall (1) be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures then in effect (the “JAMS Rules”) and as modified by this agreement to arbitrate, including the rules regarding filing, administration, discovery, and arbitrator fees; (2) be conducted by a single, neutral arbitrator; and (3) take place in the county where you reside. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class or representative action. Further, unless both you and Ficra expressly agree otherwise, the arbitrator may not consolidate more than one person’s claims. If this prohibition of class, representative, or consolidated arbitration is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
If, for any reason, a claim proceeds in court rather than in arbitration, we each waive our right to a jury trial.
YOU THEREFORE UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND FICRA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION FOR ANY CLAIMS COVERED BY THIS AGREEMENT.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
The JAMS Rules are available on its website at https://www.jamsadr.com/rules-streamlined-arbitration/. Notwithstanding any JAMS Rules to the contrary or any other provision in the arbitration rules chosen, by agreement, to govern, you and Ficra each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, except that only a court (and not the arbitrator) shall decide any disagreements regarding the scope and enforceability of this agreement to arbitrate.
If your claim does not exceed $25,000, you and Ficra agree to waive an oral hearing by the arbitrator and the arbitration will be conducted solely on the basis of documents you and Ficra submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. To the extent an oral hearing is requested by you or Ficra, or deemed necessary by the arbitrator, you and Ficra agree that the hearing will be conducted telephonically or videographically.
An arbitrator’s award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award. The arbitrator’s decision and award is final and binding, with some limited court review under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.
It is each parties’ responsibility to pay any JAMS filing, case management/administrative, and arbitrator fees as set forth in the JAMS Rules. If your claim for damages does not exceed $25,000, Ficra will pay all such fees unless the arbitrator finds that either the substance of your Dispute or the relief sought was frivolous or was brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil Procedure 11(b)).
As an alternative to arbitration, you or Ficra may resolve Disputes in a small claims court that has jurisdiction over your claim. These Terms and this arbitration agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against Ficra on your behalf.