Website Terms of Use

The website located at factorai.ai (the Site) is owned and operated by FactorAI (Company, us, our, or we). Certain features of the Site may be subject to additional guidelines or rules posted on the Site, which are incorporated by reference into these Terms.

These Terms of Use (Terms) govern your use of the Site. By accessing or using the Site, or by clicking "I agree" (or a similar button or checkbox) when that option is presented to you, you agree to these Terms on behalf of yourself or the entity you represent, and you confirm that you have the authority to do so. You must be at least 18 years old to use the Site. If you do not agree to these Terms, please do not use the Site.

IMPORTANT — PLEASE READ SECTION 11 CAREFULLY. It contains an agreement to resolve disputes through binding individual arbitration instead of in court, and includes a waiver of class action rights and jury trial rights. You have 30 days to opt out of the arbitration agreement, as further described in Section 11.

1. Accounts

1.1 Creating an Account

Some features of the Site may require you to register for an account. When you register, you agree to provide accurate and complete information and to keep that information current. You can delete your account at any time by following the instructions on the Site. We may suspend or terminate your account as described in Section 8.

1.2 Account Security

You are responsible for keeping your login credentials confidential and for all activity that occurs under your account. If you believe your account has been accessed without your authorization, please notify us immediately. We are not liable for any losses resulting from your failure to keep your credentials secure.

2. Access to the Site

2.1 License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your own personal, non-commercial purposes.

2.2 Restrictions

You may not: (i) license, sell, rent, lease, transfer, assign, distribute, or commercially exploit the Site or any content on it; (ii) modify, create derivative works from, disassemble, reverse-compile, or reverse-engineer any part of the Site; (iii) access the Site in order to build a similar or competing product or service; or (iv) copy, reproduce, distribute, republish, download, display, post, or transmit any part of the Site except as expressly permitted by these Terms. All copyright and proprietary notices on the Site must be kept intact on any copies you are permitted to make.

2.3 Changes to the Site

We may modify, suspend, or discontinue the Site (or any part of it) at any time, with or without notice. We are not liable to you or any third party for any such modification, suspension, or discontinuation.

2.4 No Support Obligation

We have no obligation to provide you with support or maintenance for the Site.

2.5 Ownership

All intellectual property rights in the Site and its content — including copyrights, patents, trademarks, and trade secrets — belong to Company or its suppliers. These Terms do not transfer any ownership rights to you, except for the limited access rights in Section 2.1. All rights not expressly granted are reserved.

2.6 Feedback

If you share feedback or suggestions about the Site with us, you grant us a perpetual, irrevocable, worldwide, non-exclusive, fully-paid, royalty-free license to use that feedback freely, in any manner and for any purpose, without attribution. Please do not submit any feedback that you consider proprietary or confidential.

3. Privacy

Your use of the Site is also governed by our Privacy Policy, which is available at /privacy and is incorporated into these Terms by reference. The Privacy Policy describes the types of personal data and other information we collect from you or your device, how we use that information, and the circumstances under which we may share it with third parties.

3.1 Processing of Personal Data

By using the Site, you acknowledge that you have read and understand our Privacy Policy and that Company will process your personal data and other information in accordance with the Privacy Policy. If there is a conflict between these Terms and the Privacy Policy with respect to the collection, use, or processing of your personal data, the Privacy Policy will control.

3.2 Cookies and Tracking Technologies

The Site may use cookies, web beacons, pixels, and similar tracking technologies (Tracking Technologies) to collect information about your use of the Site. For details on what Tracking Technologies the Site uses, what information they collect, and how you can manage your preferences, please refer to our Cookie Notice and Privacy Policy.

4. Indemnification

You agree to defend, indemnify, and hold harmless Company and its officers, employees, and agents from any claims and reasonable costs or attorneys' fees arising out of (i) your use of the Site, (ii) your violation of these Terms, or (iii) your violation of any applicable law or regulation. We may assume control of the defense of any such claim at your expense, and you agree to cooperate with our defense. You agree not to settle any such claim without our prior written consent. We will make reasonable efforts to notify you promptly of any claim we become aware of.

5. Third-Party Services & Other Users

5.1 Third-Party Services

The Site may include links to or integrations with third-party websites or services, or may display third-party advertisements (collectively, Third-Party Services). We do not control, endorse, or take responsibility for any Third-Party Services. You use all Third-Party Services at your own risk, and you acknowledge and agree that the applicable third party's own terms and privacy practices will apply to such use.

5.2 Other Users

Your interactions with other users of the Site are solely between you and those users. We are not responsible for any loss or harm resulting from those interactions, and we reserve the right, but have no obligation, to get involved in disputes between users.

5.3 Release

To the fullest extent permitted by law, you release Company and its officers, employees, agents, successors, and assigns from all claims, demands, and damages of any kind arising out of or related to the Site, other users, or Third-Party Services. If you are a California resident, you waive California Civil Code Section 1542, which provides: "A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor or released party."

6. Disclaimers

THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR HARMFUL CODE. WHERE APPLICABLE LAW REQUIRES WARRANTIES, THEY ARE LIMITED TO 90 DAYS FROM YOUR FIRST USE.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) COMPANY AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY LOST PROFITS, LOST DATA, COSTS OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE SITE; AND (B) OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING UNDER THESE TERMS IS CAPPED AT THE GREATER OF (i) $50 USD AND (ii) THE AMOUNT PAID TO COMPANY BY YOU UNDER THESE TERMS IN THE SIX MONTHS PRIOR TO THE INCIDENT GIVING RISE TO THE CLAIM. THE EXISTENCE OF MULTIPLE CLAIMS DOES NOT INCREASE THIS CAP.

8. Term and Termination

These Terms remain in effect while you use the Site. We may suspend or terminate your access (including suspending access to or deleting your account) at any time and for any reason, including if we believe you have violated these Terms. We are not liable to you for any such termination. Upon termination, Sections 2.2 through 2.6 and Sections 3 through 11 will survive.

9. State-Specific Legal Notices

The provisions in this Section 9 apply only to users to the extent such users are subject to the laws of the applicable states identified below. If a provision in this section conflicts with another provision of these Terms, the state-specific provision controls for users subject to that state's laws.

9.1 California

If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, at 1625 N. Market Blvd. Suite N112, Sacramento, CA 95834, or by phone at (800) 952-5210. Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The provider of the Site is FactorAI. To file a complaint regarding the Site, or to receive further information regarding use of the Site, contact us through the contact form at /contact. You may also contact the Complaint Assistance Unit at the address and phone number above. If you are a California resident, you may have additional rights under the California Consumer Privacy Act (as amended by the California Privacy Rights Act), including the right to know what personal information we collect, the right to delete your personal information, the right to correct inaccurate personal information, and the right to opt out of the sale or sharing of your personal information. For details on how to exercise these rights, please see our Privacy Policy at /privacy.

9.2 Colorado

If you are a Colorado resident, you may have additional rights under the Colorado Privacy Act (CPA), including the right to opt out of the processing of your personal data for purposes of targeted advertising, the sale of personal data, and certain profiling. For details, please see our Privacy Policy.

9.3 Connecticut

If you are a Connecticut resident, you may have additional rights under the Connecticut Data Privacy Act (CTDPA), including rights of access, correction, deletion, and data portability, as well as the right to opt out of the sale of personal data, targeted advertising, and profiling. For details, please see our Privacy Policy.

9.4 Virginia

If you are a Virginia resident, you may have additional rights under the Virginia Consumer Data Protection Act (VCDPA), including the right to access, correct, delete, and obtain a copy of your personal data, and the right to opt out of the processing of your personal data for targeted advertising, sale, or profiling. For details, please see our Privacy Policy.

9.5 Nevada

If you are a Nevada resident, you have the right under Nevada Revised Statutes Chapter 603A to direct us not to sell certain information we have collected or will collect about you. To exercise this right, please contact us at /contact.

9.6 Other States

Additional state-specific provisions may be required depending on the Company's operations and user base. States with comprehensive consumer privacy laws as of 2026 include Texas, Oregon, Montana, Utah, Iowa, Indiana, Tennessee, and others. Review applicable state laws and add provisions as necessary.

10. General

10.1 Changes to Terms

We may update these Terms from time to time. If we make material changes, we may notify you by email (at the address on file) or by a prominent notice on the Site. Your continued use of the Site after notice of changes means you accept the updated Terms.

10.2 Governing Law

These Terms and any dispute arising out of or related to these Terms or the Site will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-law principles. For any claim or dispute not subject to the arbitration provisions in Section 11, you and Company irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in California. Notwithstanding the foregoing: (a) either party may bring an action in any court of competent jurisdiction for injunctive or other equitable relief to protect its intellectual property rights (including patents, copyrights, trademarks, and trade secrets); and (b) either party may bring an individual action in small claims court for claims within that court's jurisdictional limits.

10.3 Export

You agree not to export, re-export, or transfer any technical data or products acquired from the Site in violation of U.S. export control laws or applicable regulations in other countries.

10.4 Electronic Communications

By using the Site, you consent to receiving communications from us electronically (by email or notices posted on the Site). These electronic communications satisfy any legal requirement for written notice.

10.5 Accessibility

Company is committed to making the Site accessible to all users, including individuals with disabilities. We endeavor to conform to the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA, as published by the World Wide Web Consortium (W3C). If you experience any difficulty accessing or navigating the Site, or if you have suggestions for improving accessibility, please contact us at /contact. We will make reasonable efforts to address accessibility concerns promptly.

10.6 Entire Agreement

These Terms (together with the Privacy Policy and any other policies or guidelines referenced herein) are the entire agreement between you and Company regarding your use of the Site. If any provision of these Terms is found to be invalid or unenforceable, it will be modified to the minimum extent necessary to be valid, and the remaining provisions will continue in effect. Our failure to enforce any provision is not a waiver of that provision. The word "including" means "including without limitation." You may not assign these Terms without our prior written consent; we may assign them freely. These Terms bind any permitted assignees.

10.7 Copyright/Trademark

Copyright © 2026 FactorAI. All rights reserved. All trademarks, logos, and service marks displayed on the Site are owned by Company or third parties. You may not use any of them without prior written consent from the owner.

10.8 Contact Information

Contact FactorAI through the contact form at /contact.

11. Dispute Resolution. [OPTION A — JAMS Arbitration]

Two alternative arbitration clauses are provided below. Select one and delete the other before publishing. Please read this section carefully. It affects your legal rights, including your right to sue in court and your right to a jury trial.

11.1 Applicability

Except as described below, you and Company agree to resolve all disputes arising out of or relating to the Site, its services, or these Terms through binding individual arbitration — not in court. Exceptions include: (i) claims that qualify for small claims court, brought on an individual basis; and (ii) requests for equitable relief related to intellectual property (such as trademarks, trade secrets, or copyrights). This arbitration agreement applies to all claims, including those that arose before you agreed to these Terms.

11.2 Try to Resolve First

Before starting arbitration, the parties agree to try to resolve the dispute informally. The party raising the dispute must send written notice (an "Informal Notice") to the other party. Within 45 days of receiving that Informal Notice, the parties will meet by phone or video in good faith to try to work things out. Company's notice address: the contact form at /contact. If the informal dispute resolution process doesn't resolve the dispute within 60 days, either party may start arbitration.

11.3 Arbitration Rules

Arbitrations will be administered by JAMS (www.jamsadr.com). Claims under $250,000 (excluding fees and interest) will use JAMS' Streamlined Arbitration Rules; larger claims will use JAMS' Comprehensive Arbitration Rules. Unless the parties agree otherwise, arbitration will be conducted in the county where you live. All arbitration materials and documents are confidential.

The arbitration request must include: (i) your contact information and account username (if applicable); (ii) a description of the claims and supporting facts; (iii) the relief you're seeking and a good-faith damages estimate; (iv) confirmation that you completed the informal resolution process; and (v) proof of any required filing fee payment.

11.5 Authority of Arbitrator

The arbitrator has authority to resolve all arbitrable disputes, including questions about the scope and enforceability of this arbitration agreement — except that courts (not arbitrators) will decide: (i) challenges to the class action waiver below; (ii) disputes about arbitration fees; (iii) whether a condition precedent to arbitration has been satisfied; and (iv) which version of this agreement applies. The arbitrator may award the same relief as a court, but on an individual basis only. The arbitrator's award is final and binding, and judgment may be entered in any court with jurisdiction.

11.6 Waiver of Jury Trial

BY AGREEING TO ARBITRATION, YOU AND COMPANY WAIVE THE RIGHT TO A TRIAL BY JUDGE OR JURY FOR ALL COVERED CLAIMS.

11.7 Waiver of Class Actions

ALL DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS. NEITHER YOU NOR COMPANY MAY BRING CLAIMS AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. The arbitrator may only award relief on an individual basis. If a court finds this class action waiver unenforceable as to a specific claim, that claim may be litigated in state or federal court in California; all other claims remain subject to arbitration.

11.8 Attorneys' Fees

Each party bears its own attorneys' fees unless the arbitrator finds a claim was frivolous or brought for an improper purpose.

11.9 Batch Arbitration

If 100 or more substantially similar arbitration demands are filed against Company within a 30-day period by the same law firm or coordinated group, JAMS will batch them into groups of 100 and appoint one arbitrator per batch, with one set of fees per batch.

11.10 Opt-Out

You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice to /contact. Your notice must include your name, address, and a clear statement that you wish to opt out. Opting out does not affect any other part of these Terms.

11.11 Severability

If any part of this arbitration agreement is found invalid, it will be modified to the minimum extent necessary to make it enforceable; the rest of the agreement remains in effect.

12. [OPTION B — DecisionLayer Arbitration]

The following uses the standard DecisionLayer arbitration clause, which provides for arbitration that may be administered by AI under human supervision. For more information, see https://decisionlayer.ai. This agreement requires you to arbitrate any disputes arising out of or relating to the agreement in an individual arbitration and not a class arbitration. You acknowledge that by accepting these Terms, you waive any right to a jury trial and any right to participate in a class action or class proceeding.

12.1 Arbitration of Disputes

Any dispute arising out of, relating to, or in connection with these Terms — including questions of interpretation, formation, breach, termination, validity, enforceability, or arbitrability — will be resolved by binding arbitration administered by Decision Science Research Corporation (DecisionLayer) under its rules, available at https://www.decisionlayer.ai/rules (the Rules). The arbitrator has authority to determine all threshold questions of arbitrability. Judgment on any award may be entered in any State or Federal court in New York County, New York, or any other court of competent jurisdiction. These Terms are governed by the Rules, the Federal Arbitration Act, applicable federal law, and the internal laws of the State of New York (without reference to conflict-of-law rules). By agreeing to arbitration under this clause, you acknowledge that DecisionLayer may resolve disputes using an artificial intelligence or large language model (AI) acting under human supervision, a human arbitrator, or a combination of both, as selected by the parties under the Rules. All information reviewed by any AI during arbitration is also reviewed by a human case manager, and any award is likewise reviewed by a human case manager before issuance. Every award will be accompanied by a written opinion explaining the reasoning, including findings of fact and conclusions of law. Your relationship with DecisionLayer is governed by the DecisionLayer Terms of Service at https://www.decisionlayer.ai/terms.

12.2 Consent and Waiver

YOU ACKNOWLEDGE, AGREE, AND IRREVOCABLY WAIVE ANY OBJECTION TO: (A) AI ARBITRATION; (B) DECISIONLAYER'S ARBITRATION AUTHORITY; (C) THE RULES; AND (D) THE DECISIONLAYER TERMS OF SERVICE.

12.3 Waiver of Choice of Law/Forum Objections

YOU IRREVOCABLY WAIVE ALL OBJECTIONS TO THE CHOICE OF LAW AND FORUM DESCRIBED ABOVE, INCLUDING FORUM NON CONVENIENS OBJECTIONS, AND CONSENT TO THE JURISDICTION OF THE NEW YORK COURTS FOR PURPOSES OF ENTERING OR REVIEWING ARBITRATION AWARDS.

12.4 Jury Trial Waiver

BY AGREEING TO ARBITRATION YOU WAIVE YOUR RIGHT TO A JURY TRIAL.

12.5 Class Action Waiver

ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING, UNLESS OTHERWISE PROVIDED BY LAW. YOU WAIVE YOUR ABILITY TO JOIN A CLASS ACTION ARISING FROM OR RELATED TO THESE TERMS, THE SITE, OR YOUR RELATIONSHIP WITH COMPANY.

12.6 Binding Arbitration and Limited Appeal

DECISIONLAYER ARBITRATION IS BINDING. GROUNDS FOR OVERTURNING OR APPEALING AN AWARD ARE LIMITED. ANY MOTION TO CONFIRM, VACATE, OR MODIFY AN AWARD SHALL BE BROUGHT UNDER THE FAA AND/OR NEW YORK LAW (NY CPLR ARTICLE 75), WITHOUT REFERENCE TO CONFLICT-OF-LAW RULES. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO APPEAL EXCEPT AS EXPRESSLY PERMITTED UNDER THE FAA.

12.7 Costs and Fees

Each party bears its own attorneys' fees and arbitration costs unless otherwise provided by law, the Rules, or an arbitration award.

12.8 Service of Process

You consent to receive notice of arbitration proceedings by any of the following: through DecisionLayer's website (if you have an account); by email to any address you have provided to Company; via other contact information you have provided to Company; or as permitted by applicable law. Service by any one of these means is effective. You waive all objections to service of process in any of these manners.

12.9 Opt-Out

You may opt out of this arbitration clause and the class action waiver by sending written notice to /contact within 30 days of first agreeing to these Terms (or being notified of a material change to this clause). Your notice must include your full legal name, the email address associated with your account, and a clear statement that you wish to opt out.

12.10 Severability

If any provision of this arbitration clause is invalid or unenforceable, it will be automatically modified to the minimum extent necessary to be enforceable; all other provisions remain in full force and effect.

12.11 Material Inducement

YOU ACKNOWLEDGE THAT YOUR AGREEMENT TO ARBITRATE BEFORE DECISIONLAYER IS A MATERIAL INDUCEMENT FOR COMPANY TO ENTER INTO THESE TERMS WITH YOU.