Welcome to Granola. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:
Email: hello@granola.so Address: 1151 Walker Road, Suite 417, Dover, Delaware 19904
These Terms of Use (the “Terms”) are a binding contract between you and Granola, Inc. (“Granola,” “we” and “us”). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the
Privacy Policy, Copyright Dispute Policy and any other relevant policies. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms.
Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about
future changes to these Terms, automatic renewals, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
## Will these Terms ever change?
We are constantly striving to enhance our Services, which may necessitate changes to these Terms. We reserve the right to modify the Terms at any time, and in such an event, we will provide notice on our site at granola.so, send you an email, and/or notify you through other means.
If you do not agree with the updated Terms, you are free to reject them; however, this will result in the inability to continue using the Services. Your continued use of the Services following the effective date of the amended Terms signifies your acceptance of all changes.
Except for changes as described here, no other amendment or modification of these Terms will be effective unless it is in writing and signed by both you and us.
What about my privacy?
Granola places a high priority on the privacy of its users. For the current Granola Privacy Policy, please click here.
Age Requirements
We do not knowingly collect or solicit personally identifiable information from children under 16 years of age. If you are under 16 years of age, please refrain from attempting to register for or use the Services, or sending us any personal information. If we discover that we have collected personal information from a child under 16 years of age, we will promptly delete that information. If you believe that a child under 16 years of age may have provided us with personal information, please contact us at hello@granola.so.
What are the basics of using Granola?
You may be required to sign up for an account, select a password and user name (“Granola User ID”), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Granola User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
Additionally, you may be able to access certain parts or features of the Services by using your account credentials from other services (each, a “Third Party Account”), such as those offered by Google. By using the Services through a Third Party Account, you permit us to access certain information from such account for use by the Services. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization’s or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
You will only use the Services for your own use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you including, but not limited to, laws governing the monitoring or recording of conversations (“Recording Laws”). If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your Granola User ID, account or password with anyone, and you must protect the security of your Granola User ID, account, password and any other access tools or credentials. You’re responsible for any activity associated with your Granola User ID and account.
What about messaging?
As part of the Services, you may receive communications through the Services, including messages that Granola sends you (for example, via email). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages.
Are there restrictions in how I can use the Services?
You represent, warrant, and agree that you will not provide or contribute anything, including any Content or User Data (as those terms are defined below), to the Services, or otherwise use or interact with the Services, in a manner that:
- Violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws, Recording Laws or any other purpose not reasonably intended by Granola;
- Is dangerous, fraudulent, harassing, defamatory, or obscene;
- Jeopardizes the security of your Granola User ID, account or anyone else’s (such as allowing someone else to log in to the Services as you);
- Attempts, in any manner, to obtain the password, account, or other security information from any other user;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- Copies or stores any significant portion of the Content; or
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
Since Granola uses artificial intelligence/machine learning, is there anything additional I should consider? Artificial intelligence tools, such as Granola, inherently come with risks when using. You should not rely on factual assertions in Content (as defined below) without independently fact checking their accuracy, even when Content is produced as a result of your User Data. Content may appear accurate because of its detail or specificity, but may still contain material inaccuracies or may not include the most current or complete information.
What are my rights in the Services?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Data (as defined below) and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Granola's) rights.
Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that Granola owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.
What about anything I contribute to the Services – do I have to grant any licenses to Granola or to other users?
User Data
Anything you upload, share, store, or otherwise provide through the Services, including but not limited to any resulting recordings, transcripts, outputs, visual displays, or other content is your “User Data”. Some User Data may be viewable by third parties who you authorize sharing with or communicate with through the Services. You are solely responsible for all User Data you contribute to the Services. You represent that all User Data submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.
You agree that you will not upload, share, store, or otherwise provide through the Services any User Data that: (i) infringe any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.); (ii) contain sexually explicit content or pornography; (iii) contain hateful, defamatory, or discriminatory content or incite hatred against any individual or group; (iv) exploit minors; (v) depict unlawful acts or extreme violence; (vi) depict animal cruelty or extreme violence towards animals; (vii) promote fraudulent schemes; or (viii) that violate any law.
Licenses
In order to provide you with the Services, you grant us certain rights in those User Data (see below for more information). Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Data that are also your personally-identifiable information.
For all User Data, you hereby grant Granola a license to translate, modify (for technical purposes, for example, making sure your content is viewable on a mobile device as well as a computer) and reproduce and otherwise act with respect to such User Data, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Data is not affected.
a. violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws, Recording Laws or any other purpose not reasonably intended by Granola;
b. is dangerous, fraudulent, harassing, defamatory, or obscene;
c. jeopardizes the security of your Granola User ID, account or anyone else’s (such as allowing someone else to log in to the Services as you);
d. attempts, in any manner, to obtain the password, account, or other security information from any other user;
e. violates the security of any computer network, or cracks any passwords or security encryption codes;
f. runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
g. “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
h. copies or stores any significant portion of the Content; or
i. decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
When using artificial intelligence tools like Granola, it's important to consider the inherent risks. It's advisable not to rely solely on factual assertions in Content without independently fact-checking their accuracy, even if the Content is generated from your User Data. Detailed and specific Content may appear accurate but could still contain material inaccuracies or may not include the most current or complete information.
What are my rights in the Services?
The materials displayed or available through the Services, including text, graphics, data, articles, photos, images, illustrations, and User Data, are protected by copyright and/or other intellectual property laws. You agree to abide by all copyright notices, trademark rules, and restrictions contained in any Content you access through the Services. You are not permitted to use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize, or otherwise exploit any Content not owned by you, without the prior consent of the owner of that Content or in a way that violates someone else’s rights, including Granola's.
Subject to these Terms, each user is granted a worldwide, non-exclusive, non-sublicensable, and non-transferable license to use Content solely for the purpose of using the Services. Any use, reproduction, modification, distribution, or storage of Content for any purpose other than using the Services is expressly prohibited without prior written permission. It's important to note that Granola owns the Services, and users are not allowed to modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided), create derivative works based on, or otherwise exploit any of the Services. Even if the Services allow users to copy or download certain Content, all the restrictions in this section still apply.
What about anything I contribute to the Services – do I have to grant any licenses to Granola or to other users?
User Data
Any content you upload, share, store, or provide through the Services, including recordings, transcripts, outputs, visual displays, or other content, constitutes your “User Data”. You are solely responsible for all User Data you contribute to the Services and represent that it is accurate, complete, up-to-date, and in compliance with applicable laws, rules, and regulations.
You agree not to upload, share, store, or provide through the Services any User Data that infringes any third party's copyrights or other rights, contains sexually explicit content or pornography, contains hateful, defamatory, or discriminatory content, incites hatred against any individual or group, exploits minors, depicts unlawful acts or extreme violence, depicts animal cruelty or extreme violence towards animals, promotes fraudulent schemes, or violates any law.
Licenses
In order to provide the Services, users grant Granola certain rights in their User Data. All of the following licenses are subject to our Privacy Policy to the extent they relate to User Data that are also personally-identifiable information.
For all User Data, users hereby grant Granola a license to translate, modify, and reproduce the User Data to enable the operation of the Services. This is a license only – the ownership in User Data is not affected.
If users provide feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services, they grant Granola the license above, as well as a license to display, perform, and distribute the Feedback in connection with the Services and/or otherwise in connection with Granola’s business.
Additionally, users acknowledge and agree that Granola may use aggregated and anonymous data based on their use of the Platform and their User Data. Users hereby grant Granola a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable, and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, and otherwise fully exploit the Aggregated Data to improve the Services and Granola’s businesses, including training or testing machine learning or artificial intelligence models and improving Granola’s products, software, and services, even after the termination of the account or the Services. Any materials produced using Aggregated Data are the sole and exclusive property of Granola.
Certain features of the Services allow users to share information with others, including through Third Party Accounts. If users share information from the Services through their Third Party Accounts, they authorize Granola to share that information with the applicable Third Party Account provider. Users must be able to edit or delete any Content they redistribute and must do so promptly upon Granola’s request.
Finally, users understand and agree that Granola, in performing the required technical steps to provide the Services, may need to make changes to User Data to conform and adapt it to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
Who is responsible for what I see and do on the Services?
Any information or Content publicly shared or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated. You access all such information and Content at your own risk, and we are not liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content. By using the Services, you release us from all liability for you having acquired or not acquired Content through the Services. We cannot guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute to the Services, and you represent and warrant that you have all rights necessary to do so, in the manner in which you contribute it. You are also responsible for obtaining the consent of other participants when using the Services to the extent required by applicable law, including but not limited to those required by applicable Recording Laws. Although Recording Laws change frequently, you can find more information about Recording Laws and required consents here. Please note, this is a third party resource and Granola is not responsible for the accuracy of third-party websites.
The Services may contain links or connections to third-party websites or services that are not owned or controlled by Granola. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Granola is not responsible for such risks.
Granola has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, Granola will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.
If there is a dispute between participants on this site or Services, or between users and any third party, you agree that Granola is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Granola, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Will Granola ever change the Services?
We’re always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
Do the Services cost anything?
The Services may be free or we may charge a fee for using the Services. If you are using a free version of the Services, we will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services. Note that if you elect to receive text messages through the Services, data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the Services.
Certain of our Services may be subject to payments now or in the future (the “Paid Services”). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms.
What if I want to stop using the Services?
You’re free to do that at any time by contacting us at hello@granola.so; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.
Granola is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. Granola has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.
What else do I need to know?
Warranty Disclaimer. Granola and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Granola and all such parties together, the “Granola Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and the Granola Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The Granola Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services. THE SERVICES AND CONTENT ARE PROVIDED BY GRANOLA (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
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 ANY OF THE GRANOLA PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO GRANOLA IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. You agree to indemnify and hold the Granola Parties 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 claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. 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 hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Granola's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of Delaware, without regard to the conflicts of laws provisions thereof.
Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Granola and limits the manner in which you can seek relief from Granola. Both you and Granola acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Granola's officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Kent County, Delaware. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. Granola will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Granola will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
(c) Small Claims Court; Infringement. Either you or Granola may assert claims, if they qualify, in small claims court in Kent County, Delaware or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
(d) Waiver of Jury Trial. YOU AND GRANOLA WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Granola are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Granola over whether to vacate or enforce an arbitration award, YOU AND GRANOLA WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Granola is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.
(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 1151 Walker Road, Suite 417, Dover, Delaware 19904 postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.
(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Granola to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Granola agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Kent County, Delaware, or the federal district in which that county falls.
(h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Granola.
(i) Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Granola may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Granola agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Granola, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Granola, and you do not have any authority of any kind to bind Granola in any respect whatsoever.
Except as expressly set forth in the section above regarding the arbitration agreement, you and Granola agree there are no third-party beneficiaries intended under these Terms.