Terms of Service

1. About these terms

These Terms of Service ("Terms") apply when you access or use the Ping app, website, tools, services, content, features and AI features that we make available to you (together, "Ping"). Ping is a personal assistant. It finds things related to what you care about, using public information, content from other users and accounts or services you choose to connect. When you choose, it takes actions for you, such as placing an order, joining a list, updating a lineup or submitting a transaction.

These Terms are a legally binding agreement between you and Cerebral Labs, Inc. ("Ping," "we," "our" or "us"). By using Ping, you agree to these Terms, our Privacy Policy, and any additional terms we show you for specific features, such as rules for rewards or promotions ("Additional Terms"). If Additional Terms conflict with these Terms, the Additional Terms govern only for that feature and only to the extent of the conflict. If you don't agree, don't use Ping.

2. Eligibility

You must be at least 13 years old, or older if your country requires it, to use Ping. If you are a minor where you live, you may use Ping only with the permission of a parent or guardian, who agrees to these Terms for you. Some features are only available to users who are 18 or older, or the age of majority where they live if that is higher. We'll let you know in the app when a feature has an age requirement. You may not use Ping if you are barred from doing so under applicable law, including sanctions laws.

3. Your account

Give us accurate information and keep it up to date. Keep your login and device secure. You are responsible for activity on your account. Tell us right away at support@cerebrallabs.xyz if you think someone has accessed it without permission.

4. Your content and our permissions

You keep ownership of the content you post, share or create on Ping, such as posts, insights, wins, comments and the instructions you give Ping. You give us a worldwide, non-exclusive, royalty-free license to host, store, use, display, copy, adapt and process that content to provide, promote and improve Ping. Content you share publicly may be seen and acted on by other users. You are responsible for your content: only share things you have the right to share, and don't share anything false or misleading. We may remove content at our discretion.

Copyright complaints. If you believe content on Ping infringes your copyright, send a notice to our copyright agent at support@cerebrallabs.xyz. Include your contact details, a description of the work, where the content appears on Ping, a statement that you believe in good faith the use isn't authorized, a statement under penalty of perjury that your notice is accurate and that you own the copyright or are authorized to act for the owner, and your physical or electronic signature. We may remove content and close the accounts of repeat infringers.

5. Ownership of Ping

Ping, including the app, website, name, logos, designs and the content we create, belongs to Cerebral Labs, Inc. or our licensors. These Terms give you only a limited, personal, revocable, non-transferable right to use Ping. If you send us feedback, we may use it without any obligation to you.

6. Restrictions

You may not use Ping, or instruct Ping, to:

• do anything illegal, fraudulent or harmful, or help anyone else do so
• harass, threaten, defame or impersonate anyone, or violate anyone's rights, including privacy and intellectual property rights
• post fake or misleading wins, track records or claims
• manipulate rankings, rewards, markets or other users
• break a third party's terms, or get around another service's purchase limits, queues, access controls or security measures
• carry out any activity that requires a license, registration or approval you don't have
• access Ping or its systems without permission, scrape, reverse engineer, overload or interfere with it, or introduce malicious code
• break sanctions or export laws, or use Ping if you are a sanctioned person or in a sanctioned location

7. Personal information

Our Privacy Policy explains how we collect, use and share personal information.

8. Connected services

You can connect Ping to services run by others, such as email, retailer, ticketing, reservation, fantasy, marketplace and wallet accounts. You choose what to connect and what Ping may do with it, and you can change those permissions or disconnect at any time. Connected services have their own terms and policies, which we don't control, and we aren't responsible for them. Any purchase or transaction you make with them is between you and them. Our integrations exist to make those services easier to use from Ping. A listing or integration doesn't mean we endorse or partner with that service.

If you ask, Ping can also set up a self-custodial digital wallet for you through a third-party wallet provider, so you can use supported services without leaving the app. The wallet provider runs the wallet, not us. You control your wallet, and we do not take custody of your digital assets. Ping submits transactions from your wallet only at your direction or within permissions you set. You are responsible for keeping access to your wallet secure, and if you lose access we may not be able to help you recover it. Blockchain transactions are generally public and can't be reversed. Wallets are only available to users who meet the age requirement in section 2, and your use of a wallet is also subject to the wallet provider's terms.

9. Your responsibilities for actions

When you instruct Ping or set it up to act for you:

• you confirm that you have the authority, permissions and consents needed, and that the action is lawful
• you are responsible for actions Ping takes at your direction or within your settings, and for reviewing them, because some actions can't be undone
• you agree to keep meaningful oversight by using the approval and limit settings Ping offers, and not to allow actions that spend money or can't be undone without a review or limit you're comfortable with
• you can change or turn off standing instructions and limits at any time in the app

10. Fees

Ping may be free or offer paid features. We show any price before you pay. Purchases made through the App Store are governed by Apple's terms. Some actions may include a service fee, which we show before you confirm. Third parties may charge their own fees, such as merchant, marketplace or network fees. We may earn a commission, referral fee or other compensation from third parties when you complete a transaction through Ping. Credits have no cash value and are non-refundable unless the law requires otherwise. We may change our prices with notice.

11. Rewards and promotions

Ping may offer rewards, credits or promotions, for example when other users act on something you shared. They follow the rules shown in the app, may change or end at any time, have no cash value unless we say otherwise, and can't be transferred. We may withhold or reverse them in cases of fraud, abuse or a breach of these Terms. You are responsible for any taxes on them.

12. Our right to refuse

We may decline, pause or cancel any action, even one you authorized, if we believe it is unlawful, breaks these Terms or a third party's terms, or creates risk to you, us or others.

13. Monitoring and intervention

We may monitor, log and review activity and actions on Ping, and suspend, change or stop actions, to run Ping safely, prevent abuse and meet legal obligations. We keep these logs as described in our Privacy Policy. You can report a concern to support@cerebrallabs.xyz.

14. Accuracy

Ping uses AI and automated systems. Its outputs and actions may be inaccurate, incomplete or out of date. Check important information before you rely on it.

15. No professional advice

Content on Ping, including insights, rankings, track records, posts from other users and anything generated by AI, is general information. It is not financial, investment, legal, tax or other professional advice, and it is not a recommendation to buy, sell or hold anything. Past results and track records don't predict future results. Markets, prediction markets and digital assets are risky, and you can lose money.

16. No fiduciary duty or agency relationship

Ping is not your fiduciary. Using Ping does not create an agency, partnership, joint venture or employment relationship between you and us. Your decisions remain your own.

17. Availability by region

Some features, integrations or services may not be available in every region, or may be limited or excluded where local laws or regulations restrict them. We may change, limit or remove features in any location at any time. You are responsible for making sure your use of Ping is lawful where you are.

18. Disclaimers

Ping is provided "as is" and "as available." To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We don't promise that Ping will be accurate, uninterrupted or error-free, that it will complete any task correctly, or that you will get any item, price or result.

19. Limitation of liability

To the fullest extent the law allows, we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost data, unintended actions, or losses arising from third-party services, market movements, loss of wallet access or actions taken at your direction or within your settings. Our total liability for any claim relating to Ping is limited to the greater of $100 or the amount you paid us in the 12 months before the claim. These limits don't apply to liability for our gross negligence, willful misconduct or fraud, or where the law doesn't allow them.

20. No guarantee of execution

We don't guarantee that any action will be completed, completed on time, reversible or compatible with every service, or that any item, booking, ticket, price or position will be available. We may stop any action at any time.

21. Indemnity

You agree to defend and indemnify Cerebral Labs, Inc. against claims arising from your content, your use of Ping, actions taken at your direction, or your breach of these Terms, the law or anyone's rights.

22. Enforcement, suspension and termination

We may warn you, limit features, suspend or close your account, or remove content if you break these Terms, if your use creates risk or legal exposure, or if we stop offering Ping. You can stop using Ping and delete your account at any time in the app. Pending actions may be cancelled when an account is limited or closed. Sections that by their nature should continue, including 15, 16 and 18 to 25, survive termination.

23. Disputes

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules. If you live in the United States, you and we agree to resolve disputes through binding individual arbitration under the American Arbitration Association's Consumer Arbitration Rules. Either side may instead bring an individual claim in small claims court, and claims about intellectual property or for public injunctive relief may go to court. You and we waive any right to a jury trial or to take part in a class action. If 50 or more similar arbitration demands are filed, they may be resolved in batches. You can opt out of arbitration by emailing support@cerebrallabs.xyz within 30 days of first accepting these Terms. Claims that aren't arbitrated go to the state or federal courts in New York County, New York.

24. App Store

If you downloaded Ping from Apple's App Store, these Terms are between you and Cerebral Labs, Inc., not Apple. Apple has no obligation to provide support for Ping and isn't responsible for it or for any claims relating to it. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

25. Severability, waiver and general terms

If any part of these Terms is unenforceable, it will be changed to the minimum extent needed or removed, and the rest stays in effect. Not enforcing a term isn't a waiver. You may not transfer these Terms; we may transfer them in a merger, acquisition or sale of assets. These Terms, any Additional Terms and the Privacy Policy are the entire agreement between you and us about Ping. You agree that we can send you notices and other communications electronically, including in the app, by push notification or by email, and that these meet any legal requirement for written communications. We aren't responsible for delays or failures caused by events beyond our reasonable control.

26. Changes to these terms

We may update these Terms. We'll post the new version and update the date above, and we'll give notice in the app or by email for material changes. Continuing to use Ping after changes take effect means you accept them.

27. Contact

Cerebral Labs, Inc., 228 Park Ave S., PMB 333976, New York, NY 10003. Questions about these Terms: support@cerebrallabs.xyz.