Welcome to PathwayIQ, a service provided by UniShift LLC ("Company," "we," "us," or "our"). These Terms of Service ("Terms") constitute a legally binding agreement between you and UniShift LLC governing your access to and use of PathwayIQ, including our website, applications, and AI-powered document analysis services (collectively, the "Service").
Please read these Terms carefully before using the Service. By accessing or using PathwayIQ, you agree to be bound by these Terms. If you do not agree to all of the terms and conditions set forth herein, you must not access or use the Service.
1. Important Legal Disclaimers
The following disclaimers are fundamental to your use of PathwayIQ and are provided prominently at the beginning of these Terms to ensure you fully understand the nature and limitations of our Service before proceeding.
1.1 PathwayIQ Is Not a Law Firm or Lawyer Referral Service
UniShift LLC is a technology company, not a law firm, attorney referral service, or lawyer matching service. PathwayIQ does not recommend, endorse, or refer users to specific attorneys or law firms. When we suggest that you consult with an immigration attorney, we are providing general guidance only and are not making a referral to any particular attorney or firm. PathwayIQ is a software service that uses artificial intelligence to analyze documents—it does not provide legal services of any kind. Neither UniShift LLC nor any of its employees, officers, directors, contractors, agents, or affiliates is licensed to practice law, and none of them will provide you with legal advice, legal representation, or legal services through the Service.
1.2 No Attorney-Client Relationship
Your use of PathwayIQ does not create, and is not intended to create, an attorney-client relationship between you and UniShift LLC or any of its personnel. Because no attorney-client relationship exists, the protections that normally accompany such a relationship do not apply. Specifically, no attorney-client privilege attaches to any information you provide to or receive from the Service. No work product protection applies to any documents, analysis, or other materials generated by the Service. Communications between you and PathwayIQ are not protected by the confidentiality rules that govern attorney-client communications.
1.3 The Service Does Not Provide Legal Advice
The analysis, reports, evaluations, scores, recommendations, and any other output provided by PathwayIQ are for informational and educational purposes only. These materials do not constitute legal advice and should not be treated as such. The information generated by our AI systems is designed to help you organize and understand your documents, not to tell you what legal actions to take or to predict the outcome of any legal or administrative proceeding.
Our AI-generated assessments are tools that may assist you in preparing for conversations with qualified legal professionals. They are not, and are not intended to be, substitutes for the advice and judgment of a licensed attorney who can evaluate your specific circumstances, apply current law to your facts, and advocate on your behalf.
1.4 Compliance with Unauthorized Practice of Law Regulations
In compliance with California Business and Professions Code §6125 and the regulations of the State Bar of California regarding the unauthorized practice of law, PathwayIQ is specifically designed to avoid activities that would constitute the practice of law. The Service does not provide case-specific legal advice, legal opinions, or recommendations tailored to your individual legal situation. The Service does not represent individuals in legal or administrative proceedings before any court, agency, or tribunal, including USCIS, immigration courts, the Board of Immigration Appeals, or any other governmental body. The Service does not prepare legal documents, petitions, applications, or forms on your behalf. The Service does not recommend which specific immigration forms, petitions, or applications you should file. The Service does not make predictions or representations about the likely outcome of your immigration case or any other legal matter. The Service does not refer, recommend, or match users with specific attorneys, law firms, or legal service providers.
The document analysis provided by PathwayIQ is informational in nature. It helps you organize, categorize, and understand the materials you upload. This analysis is not a substitute for the professional judgment of a licensed attorney.
1.5 You Should Consult a Qualified Attorney
Immigration law is complex, highly fact-specific, and subject to frequent changes in statutes, regulations, policies, and adjudicatory practices. The stakes involved in immigration matters are often significant, potentially affecting your ability to live and work in the United States, to remain with your family, and to pursue your career and life goals.
Given these considerations, we strongly recommend that you consult with a licensed immigration attorney before making any decisions regarding your immigration case, before filing any documents with USCIS or other government agencies, before relying on any information or analysis provided by PathwayIQ, and whenever you have questions about your legal rights, options, or obligations.
The information provided by PathwayIQ should be used as one input among many in your decision-making process, not as the sole or primary basis for legal decisions. A qualified attorney can evaluate your specific circumstances, consider factors that our AI systems cannot assess, advise you on the current state of the law as it applies to your situation, and represent your interests before government agencies and courts.
2. Description of Service
PathwayIQ is an AI-powered document analysis platform designed to help users organize and understand their immigration-related documents. The Service allows you to upload documents in various formats, receive AI-generated analysis of those documents in relation to publicly available immigration criteria, organize and categorize your documents by relevant criteria, and identify potential strengths and gaps in your documentation. The Service currently supports analysis for EB-1A (Extraordinary Ability), EB-2 NIW (National Interest Waiver), and O-1A (Extraordinary Ability) visa categories. Additional categories may be added in the future.
The Service uses artificial intelligence technologies, including large language models, to analyze the content of documents you upload. It is important to understand that AI technology has inherent limitations. The analysis generated by PathwayIQ may contain errors, omissions, or inaccuracies. The AI cannot fully replicate the judgment, experience, and contextual understanding that a human expert would bring to the analysis of your documents. The output of the Service should be treated as a starting point for further review and analysis, not as a definitive assessment of your situation.
2.1 AI-Generated Content
The Service uses third-party artificial intelligence models to analyze your documents and generate reports, evaluations, and other content ("AI Output"). You acknowledge and agree that:
(a) No Guarantee of Non-Infringement. We do not warrant that AI Output will be free from content that may infringe or violate third-party intellectual property rights. AI models may inadvertently generate content similar to copyrighted works in their training data or in the documents you provide.
(b) Your Responsibility to Review. You are solely responsible for reviewing all AI Output before using, publishing, or relying on it. You should not assume that AI Output is original or free from third-party rights.
(c) Third-Party AI Providers. The Service incorporates AI models provided by third parties. UniShift LLC does not control the underlying algorithms, training data, or outputs of these models and is not responsible for content generated by such models.
(d) No Adoption of AI Output. UniShift LLC does not adopt, endorse, or assume responsibility for the accuracy, legality, or originality of AI Output. AI Output is provided as a tool for your personal use and review.
2.2 Third-Party AI Services
The Service uses artificial intelligence models provided by third-party vendors to analyze documents and generate evaluations. These vendors may change over time as we improve the Service.
Third-party AI providers do not claim ownership of content generated through their services. However, AI services are experimental technology that may produce inaccurate or unexpected results. Third-party AI providers explicitly disclaim that their services provide legal, financial, medical, or professional advice.
UniShift LLC does not control the underlying algorithms, training data, or outputs of third-party AI models and is not responsible for content generated by such models. You are solely responsible for reviewing all AI-generated content before using, publishing, or relying on it.
3. Eligibility and Account Registration
3.1 Eligibility Requirements
To use PathwayIQ, you must be at least eighteen (18) years of age and possess the legal capacity to enter into binding contracts under applicable law. By accessing or using the Service, you represent and warrant that you meet these eligibility requirements. If you do not meet these requirements, you are not authorized to use the Service.
The Service is intended for use by individuals located in the United States and other jurisdictions where such use is lawful. The Service is not available to individuals in countries subject to U.S. economic sanctions or where use of the Service would violate local law.
3.2 Account Creation and Maintenance
Access to certain features of the Service requires you to create an account. When you create an account, you agree to provide accurate, current, and complete information during the registration process. You agree to maintain and promptly update your account information to keep it accurate, current, and complete. You are responsible for safeguarding your password and other credentials used to access your account. You agree to notify us immediately if you become aware of any unauthorized access to or use of your account. You accept responsibility for all activities that occur under your account, whether or not you have authorized such activities.
We reserve the right to disable any account, at any time, if in our sole judgment you have violated any provision of these Terms or if your conduct may harm the reputation, security, or operations of the Service.
3.3 Account Termination
We reserve the right to suspend, disable, or terminate your account at any time, with or without cause, and with or without prior notice. Reasons for termination may include, but are not limited to, violations of these Terms, extended periods of inactivity, requests by law enforcement or other government agencies, discontinuance or material modification of the Service, and unexpected technical or security issues.
4. Acceptable Use and User Responsibilities
4.1 Lawful Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You are responsible for ensuring that your use of the Service complies with all applicable federal, state, local, and international laws and regulations, including immigration laws and regulations.
4.2 Prohibited Conduct
You agree not to use the Service in any way that violates any applicable law or regulation. You agree not to submit false, fraudulent, forged, or misleading documents or information. You agree not to attempt to circumvent, evade, or violate immigration laws or regulations. You agree not to impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity. You agree not to interfere with or disrupt the Service, servers, or networks connected to the Service. You agree not to attempt to gain unauthorized access to any portion of the Service or any systems or networks connected to the Service. You agree not to use the Service for any purpose that is fraudulent, deceptive, or harmful.
4.3 Document Accuracy and Responsibility
You are solely responsible for the accuracy, completeness, and legality of all documents and information you upload to or provide through the Service. You represent and warrant that you have all necessary rights, permissions, and authorizations to upload and share the documents you submit, and that such documents do not infringe upon the rights of any third party.
4.4 Acknowledgment Regarding Legal Decisions
You acknowledge and agree that the Service is not a substitute for professional legal advice and that you will not rely solely on PathwayIQ's analysis when making decisions regarding your immigration case or any other legal matter. You understand that you should consult with a qualified immigration attorney before making significant decisions about your immigration status or filing documents with government agencies.
4.5 Compliance with Third-Party Terms
Your use of the Service is subject to the terms and policies of third-party services we use to provide PathwayIQ. You agree not to use the Service in any manner that would violate applicable third-party terms, including but not limited to attempting to generate content that is illegal, harmful, harassing, or misleading.
5. Intellectual Property Rights
5.1 Company Intellectual Property
The Service, including its underlying technology, software, algorithms, user interface, design elements, text, graphics, images, logos, and all other content provided by UniShift LLC (collectively, "Company Content"), is owned by UniShift LLC or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial purposes in accordance with these Terms. This license does not include any right to copy, modify, distribute, sell, lease, or create derivative works based on the Company Content, except as expressly permitted by these Terms or with our prior written consent.
5.2 Your Content
You retain all ownership rights in the documents and other content you upload to the Service ("User Content"). By uploading User Content to the Service, you grant UniShift LLC a limited, non-exclusive, royalty-free, worldwide license to use, copy, process, adapt, and store your User Content solely for the purpose of providing the Service to you. This license terminates when you delete your User Content or your account, except that copies of your content may remain in our backup systems for a limited period as part of our disaster recovery procedures. We do not use your User Content to train our AI models without your explicit consent. Your documents are processed solely to generate your personal analysis and are not used to improve or develop AI systems for other users.
5.3 Feedback
If you provide us with any suggestions, ideas, feedback, or other information regarding the Service ("Feedback"), you hereby assign to UniShift LLC all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback in any manner we deem appropriate, without any obligation to compensate you or to maintain the confidentiality of such Feedback.
5.4 Copyright Complaints
If you believe that any content on the Service infringes your copyright, please contact us at support@thepathwayiq.ai with the following information: (a) identification of the copyrighted work claimed to be infringed; (b) identification of the allegedly infringing material; (c) your contact information; (d) a statement that you have a good faith belief that the use is not authorized; and (e) a statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner.
5.5 AI-Generated Output
AI Output generated by the Service based on your User Content is provided for your personal use. To the extent UniShift LLC has any rights in AI Output, we grant you a non-exclusive, royalty-free license to use such output for your personal, non-commercial purposes related to your immigration case preparation.
You acknowledge that AI Output may not be eligible for copyright protection under applicable law and that we make no representations regarding your ability to claim intellectual property rights in AI Output. You are solely responsible for determining whether and how you may use AI Output, including ensuring such use does not infringe third-party rights. We do not adopt, endorse, or assume responsibility for the accuracy, legality, or originality of AI Output.
6. Privacy
Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, and is incorporated into these Terms by reference. By using the Service, you consent to the practices described in the Privacy Policy.
If you access the Service from outside the United States, please be aware that your information will be transferred to, stored, and processed in the United States, as described in our Privacy Policy. By using the Service, you consent to such transfer.
7. Fees and Payment
7.1 Subscription Plans and Pricing
Certain features of the Service may require a paid subscription. The features included in each subscription tier, and the fees associated with each tier, are described on our website. All fees are stated in United States dollars unless otherwise specified.
7.2 Payment Authorization
By subscribing to a paid plan, you authorize UniShift LLC to charge your designated payment method for the applicable subscription fees. You agree to provide accurate and complete payment information and to promptly update your payment information if it changes.
7.3 Billing and Renewals
Paid subscriptions are billed in advance on a recurring basis (monthly or annually, depending on your chosen plan). Your subscription will automatically renew at the end of each billing period unless you cancel it before the renewal date. You may cancel your subscription at any time through your account settings.
7.4 Refund Policy
Except as required by applicable law or as otherwise expressly stated in these Terms, all fees are non-refundable. If you cancel your subscription, you will not receive a refund for any fees already paid, but you will continue to have access to the paid features until the end of your current billing period. If you believe you have been charged in error or experienced a technical issue that prevented you from using the Service, please contact support@thepathwayiq.ai and we will review your case on an individual basis.
7.5 Price Changes
We reserve the right to change our prices at any time. If we change the price of your subscription, we will provide you with advance notice of the price change, and the new price will take effect at the start of your next billing period following the notice. Your continued use of the Service after the price change takes effect constitutes your agreement to pay the new price.
8. Disclaimers and Limitation of Warranties
8.1 Service Provided "As Is"
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UniShift LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
8.2 No Warranty of Accuracy or Reliability
WITHOUT LIMITING THE FOREGOING, UniShift LLC DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS. THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. THE AI-GENERATED ANALYSIS WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE. ANY ERRORS OR DEFECTS IN THE SERVICE WILL BE CORRECTED. THE RESULTS OBTAINED FROM USING THE SERVICE WILL BE ACCURATE OR RELIABLE. THE SERVICE WILL BE COMPATIBLE WITH ANY PARTICULAR HARDWARE, SOFTWARE, OR OTHER TECHNOLOGY. THE USE OF THE SERVICE WILL RESULT IN ANY PARTICULAR OUTCOME IN ANY IMMIGRATION OR LEGAL PROCEEDING.
8.3 Acknowledgment of AI Limitations
YOU ACKNOWLEDGE AND AGREE THAT ARTIFICIAL INTELLIGENCE TECHNOLOGY HAS INHERENT LIMITATIONS AND THAT THE AI-POWERED ANALYSIS PROVIDED BY PATHWAYIQ MAY CONTAIN ERRORS, OMISSIONS, OR INACCURACIES. THE AI ANALYSIS IS BASED ON PUBLICLY AVAILABLE INFORMATION AND ALGORITHMS THAT MAY NOT REFLECT THE MOST CURRENT LEGAL STANDARDS, REGULATIONS, OR ADJUDICATORY PRACTICES. THE AI CANNOT FULLY ACCOUNT FOR ALL FACTS AND CIRCUMSTANCES RELEVANT TO YOUR INDIVIDUAL CASE. THE AI ANALYSIS SHOULD NOT BE CONSIDERED A PREDICTION OF HOW USCIS OR ANY OTHER ADJUDICATOR WILL EVALUATE YOUR CASE.
8.4 Third-Party AI Models
THE SERVICE INCORPORATES ARTIFICIAL INTELLIGENCE MODELS PROVIDED BY THIRD PARTIES. UNISHIFT LLC DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR THE ALGORITHMS, TRAINING DATA, OR OUTPUTS OF SUCH MODELS. TO THE FULLEST EXTENT PERMITTED BY LAW, UNISHIFT LLC DISCLAIMS ALL LIABILITY FOR ANY CONTENT GENERATED BY THIRD-PARTY AI MODELS, INCLUDING ANY CLAIMS THAT SUCH CONTENT INFRINGES THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.
8.5 Service Availability
We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to scheduled maintenance, updates, or circumstances beyond our control. We will make reasonable efforts to provide advance notice of planned maintenance when feasible.
8.6 Beta Features
We may offer certain features designated as "beta," "preview," or "experimental." Such features are provided as-is and may be modified, suspended, or discontinued at any time without notice. Beta features may contain bugs, errors, or other issues, and your use of beta features is at your own risk.
9. Limitation of Liability
9.1 Exclusion of Certain Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UniShift LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, THE DENIAL, DELAY, OR UNFAVORABLE OUTCOME OF ANY IMMIGRATION PETITION, APPLICATION, OR PROCEEDING, ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE AI-GENERATED ANALYSIS, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR YOUR PERSONAL INFORMATION, ANY RELIANCE YOU PLACE ON THE SERVICE OR ITS OUTPUTS, OR ANY OTHER MATTER RELATING TO THE SERVICE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.2 Aggregate Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF UniShift LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, AND AFFILIATES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE, SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).
9.3 Essential Basis of the Agreement
THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION SHALL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS INURE TO THE BENEFIT OF UniShift LLC AND ITS AFFILIATES.
10. Indemnification
You agree to defend, indemnify, and hold harmless UniShift LLC, its officers, directors, employees, agents, licensors, suppliers, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, your use of the Service, including but not limited to any reliance you place on the AI-generated analysis, your User Content, including any claims that your User Content infringes or violates any third-party rights, your violation of any applicable law or regulation, any immigration application, petition, or proceeding in which you use information or analysis obtained from the Service, any actual or alleged negligence or willful misconduct on your part, your use of AI Output generated by the Service, including any claims that such output infringes or violates any third-party intellectual property rights, and any modifications you make to AI Output or any combination of AI Output with other materials.
11. Governing Law and Dispute Resolution
11.1 Governing Law
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any other jurisdiction.
11.2 Exclusive Jurisdiction and Venue
Subject to the arbitration provisions below, any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in San Diego County, California. You irrevocably consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.
11.3 Arbitration Agreement
Agreement to Arbitrate. You and UniShift LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or any aspect of the relationship between you and UniShift LLC (collectively, "Disputes") shall be resolved exclusively by binding individual arbitration, rather than in court, except as set forth below. This Arbitration Agreement shall survive the termination of these Terms and your use of the Service.
Arbitration Rules and Forum. The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect, which are available at www.adr.org. If the AAA is unavailable, the parties shall mutually select an alternative arbitration forum. The arbitration shall be conducted by a single neutral arbitrator. The arbitrator shall have exclusive authority to resolve all Disputes, including any claim that all or any part of this Arbitration Agreement is void or voidable.
Location. Unless you and UniShift LLC agree otherwise, the arbitration shall take place in San Diego County, California. For claims under $25,000, you may choose whether the arbitration proceeds in person, by telephone, by videoconference, or based solely on written submissions.
Arbitration Fees. If you initiate arbitration, UniShift LLC will pay all AAA filing fees and arbitrator costs for claims seeking less than $10,000 in damages, provided the arbitrator does not determine that your claim is frivolous or brought for an improper purpose. For claims seeking $10,000 or more, filing fees and arbitrator costs shall be allocated in accordance with AAA Consumer Arbitration Rules. Regardless of the outcome, each party shall bear its own attorneys' fees unless applicable law or the arbitrator's award provides otherwise.
Arbitrator's Decision. The arbitrator's decision shall be final and binding on both parties. The arbitrator may award any relief that a court of competent jurisdiction could award, including injunctive or declaratory relief and attorneys' fees where authorized by law. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
Exceptions to Arbitration. Notwithstanding the foregoing, the following Disputes are excluded from this Arbitration Agreement:
(a) Small Claims Court. Either party may bring an individual action in small claims court for Disputes within the court's jurisdictional limits, provided the action remains in small claims court and proceeds only on an individual basis.
(b) Intellectual Property and Injunctive Relief. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, trade secrets, or confidentiality obligations.
(c) Government Actions. Nothing in this Arbitration Agreement prevents either party from bringing issues to the attention of federal, state, or local government agencies, including the Federal Trade Commission. Such agencies may seek relief on your behalf if the law allows.
Opt-Out Right. You may opt out of this Arbitration Agreement by sending written notice of your decision to opt out to support@thepathwayiq.ai within thirty (30) days of first accepting these Terms. Your notice must include your name, email address associated with your account, and a clear statement that you wish to opt out of this Arbitration Agreement. If you opt out, neither you nor UniShift LLC will be required to arbitrate Disputes, and the remaining provisions of Section 11 (including the Class Action Waiver in Section 11.4) shall continue to apply.
Severability. If any portion of this Arbitration Agreement is found to be unenforceable or unlawful, (a) the unenforceable or unlawful portion shall be severed from these Terms; (b) severance of the unenforceable or unlawful portion shall have no impact on the remainder of this Arbitration Agreement or the parties' ability to compel arbitration of remaining claims on an individual basis; and (c) to the extent that any claims must proceed on a class, collective, consolidated, or representative basis, such claims must be litigated exclusively in state or federal court located in San Diego County, California, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
11.4 Class Action Waiver
YOU AND UNISHIFT LLC AGREE THAT EACH MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. Unless both you and UniShift LLC agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class, collective, consolidated, or representative proceeding. If this Class Action Waiver is found to be unenforceable as to a particular claim, that claim (and only that claim) shall be severed from arbitration and brought exclusively in state or federal court in San Diego County, California.
12. Modifications to Terms
We reserve the right to modify these Terms at any time in our sole discretion. If we make material changes to these Terms, we will provide you with notice of such changes by posting the revised Terms on the Service with an updated effective date and, where appropriate, by sending you an email notification or displaying a prominent notice within the Service.
Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must stop using the Service and, if applicable, cancel your subscription.
13. Termination
13.1 Termination by You
You may terminate your account and discontinue your use of the Service at any time by using the account deletion feature in the Service or by contacting us at support@thepathwayiq.ai. If you have a paid subscription, please note that terminating your account will not entitle you to a refund of any fees already paid.
13.2 Termination by Us
We may suspend, disable, or terminate your account and your access to the Service at any time, with or without cause, and with or without prior notice. Reasons for termination may include, but are not limited to, your breach of these Terms, your engagement in conduct that we determine to be harmful to other users, the Service, or UniShift LLC, your failure to pay applicable fees, and a request or order from a law enforcement agency, court, or other governmental body.
13.3 Effect of Termination
Upon termination of your account, your right to use the Service will immediately cease. We may delete your account information and User Content, although copies may remain in our backup systems for a limited period. The following provisions of these Terms shall survive termination: the Important Legal Disclaimers in Section 1, the Intellectual Property Rights in Section 5, the Disclaimers and Limitation of Warranties in Section 8, the Limitation of Liability in Section 9, the Indemnification in Section 10, the Governing Law and Dispute Resolution in Section 11, and any other provisions that by their nature should survive termination.
14. General Provisions
14.1 Entire Agreement
These Terms, together with the Privacy Policy and the Acceptable Use Policy, constitute the entire agreement between you and UniShift LLC with respect to the Service and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.
14.2 Severability
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary, and the remaining provisions of these Terms will continue in full force and effect.
14.3 Waiver
No waiver by UniShift LLC of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by UniShift LLC to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
14.4 Assignment
You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, in whole or in part, without the prior written consent of UniShift LLC, and any attempted assignment without such consent shall be null and void. UniShift LLC may freely assign its rights and obligations under these Terms without restriction. Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
14.5 No Third-Party Beneficiaries
These Terms are intended solely for the benefit of you and UniShift LLC, and nothing in these Terms shall be construed to confer any right or benefit upon any third party.
14.6 Force Majeure
UniShift LLC shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, strikes, or failures of third-party service providers including cloud hosting services.
14.7 Headings
The section headings in these Terms are for convenience only and shall not affect their interpretation.
15. Contact Information
If you have any questions, concerns, or feedback regarding these Terms or the Service, please contact us at:
UniShift LLC
Poway, California
For general inquiries: help@thepathwayiq.ai
For support: support@thepathwayiq.ai
By using PathwayIQ, you acknowledge that you have read these Terms of Service, understand them, and agree to be bound by their terms and conditions.