Terms and Conditions
Last Updated: July 20, 2026
These Terms and Conditions (these "Terms") are entered into by and between you and AI for Life LLC d/b/a Open Hours ("Open Hours," "we," "us," or "our"). These Terms govern your access to and use of our website located at findopenhours.com (the "Site"), and our related content, programs, events (whether virtual or in person), community spaces, memberships, subscriptions, resources, and services (collectively, including the Site, the "Services").
PLEASE READ THESE TERMS CAREFULLY. BY CLICKING "I AGREE," CREATING AN ACCOUNT, PURCHASING OR ENROLLING IN ANY OFFERING, ATTENDING ANY EVENT, OR OTHERWISE ACCESSING OR USING ANY PART OF THE SERVICES (INCLUDING BROWSING THE SITE), YOU AGREE TO BE BOUND BY THESE TERMS AND BY OUR PRIVACY POLICY, WHICH IS INCORPORATED INTO THESE TERMS BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SERVICES.
ARBITRATION NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (SECTION 23). EXCEPT FOR CERTAIN KINDS OF DISPUTES DESCRIBED IN SECTION 23, YOU AGREE THAT DISPUTES BETWEEN YOU AND OPEN HOURS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
1. Agreement to Terms
By accessing or using any part of the Services, you represent that you have read, understood, and agree to be bound by these Terms. When you purchase or enroll in a specific offering, the description, pricing, schedule, access period, and any offering-specific terms stated on the applicable enrollment, checkout, or sales page (each, an "Offering Page") are incorporated into these Terms by reference and form part of your agreement with us. If an Offering Page conflicts with these Terms, the Offering Page controls for that offering only.
2. The Services
Open Hours provides educational programs, resources, and community experiences that teach practical uses of artificial intelligence tools for family and household life. The Services may include, without limitation:
- guides, prompt libraries, templates, and other resources made available on the Site with or without registration (the "Free Resources");
- free or paid live sessions, workshops, and webinars, whether virtual or in person;
- in-person office hours, meetups, and other events (collectively, "Events");
- paid memberships or subscriptions providing access to member content, session replays, community spaces, and related benefits (a "Membership");
- cohort-based programs, including any founding or pilot cohorts (each, a "Cohort"); and
- other services, content, features, or products we may offer from time to time.
Workshops, trainings, and other services provided to businesses, employers, or other organizations are offered under separate written agreements and are not governed by these Terms except to the extent such an agreement expressly incorporates them.
We reserve the right to modify, suspend, or discontinue the Services or any part of the Services (including any feature, program, community platform, or content) at any time, temporarily or permanently, with or without notice, and we will not be liable to you or any third party for doing so. The specific deliverables, format, schedule, and access duration for each paid offering are as described on the applicable Offering Page.
3. Eligibility
You must be at least 13 years of age to access or use the Services. By using the Services, you represent and warrant that you are at least 13 years old, that you have not previously been suspended or removed from the Services, and that your use of the Services complies with all applicable laws and regulations. If you are accepting these Terms on behalf of an entity or organization, you represent and warrant that you have authority to bind that entity or organization, and "you" refers to that entity or organization.
4. Accounts and Security
Certain features of the Services require an account. You agree to provide true, accurate, current, and complete registration information and to keep it up to date. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You may not share your account, credentials, or access to the Services with any other person, and we may suspend or terminate your account if we believe you have done so. You agree to notify us immediately at legal@findopenhours.com of any unauthorized use of your account or other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this Section. We reserve the right to disallow, cancel, remove, or reassign usernames in our sole discretion.
5. Fees; Payment; Invoicing
5.1 Fees. Fees for paid offerings are stated on the applicable Offering Page. All fees are in U.S. Dollars. Except as expressly stated in Section 7, all fees are non-refundable. Prices are subject to change; changes will not affect purchases already completed, and we will provide at least 30 days' notice (via the Site or email) before a price change takes effect for any recurring Membership. Your continued use of a Membership after a price change becomes effective constitutes your agreement to the changed amount. We may make promotional offers at different prices; unless made to you, they do not apply to you.
5.2 Payment Authorization. Payments are processed by third-party payment processors (such as Stripe). You represent and warrant that the payment information you provide is true and that you are authorized to use the payment method provided, and you will promptly update your account with any changes. You authorize us and our payment processors to charge your payment method for all fees for the offerings you purchase, including any applicable taxes, and, for Memberships and payment plans, to charge on a recurring basis in advance in accordance with the applicable billing cycle until cancelled in accordance with these Terms. We or our processors may seek pre-authorization of your payment method to verify it.
5.3 Payment Plans. Where a payment plan is offered: the first installment is due at enrollment; subsequent installments are due on the schedule stated at checkout; if a payment fails, we will notify you and you will have 7 days to update your payment information; and failure to complete a payment plan may result in suspension or loss of access to the applicable offering and community without refund of amounts already paid. Your obligation to pay all remaining installments survives any loss of access resulting from your breach.
5.4 Invoicing. We may elect to bill any fees through an invoice. Unless the invoice states otherwise, full payment must be received within 30 days of the invoice date. Unpaid amounts are subject to a finance charge of 1.5% per month on the outstanding balance, or the maximum rate permitted by law, whichever is lower, plus all costs and expenses of collection (including reasonable attorneys' fees). We may suspend or terminate access to the Services for any account with amounts due but unpaid.
5.5 Taxes. Stated fees do not include taxes. You are responsible for all sales, use, excise, and other taxes, duties, and charges of any kind imposed by any governmental authority in connection with your purchases, other than taxes based on our net income. Where we are required to collect sales or similar tax on the Services in any state or locality, that tax will be added to your fees at the applicable rate.
5.6 Billing Disputes. If you dispute any charge, you must notify us at legal@findopenhours.com within 60 days after the date of the charge; you waive any dispute not raised within that period to the fullest extent permitted by law.
5.7 Third-Party Tool Costs. Fees for our offerings do NOT include subscriptions or fees for third-party tools or platforms used in connection with the Services (for example, a paid plan with an AI tool provider such as Anthropic, OpenAI, or Google, or productivity tools such as Notion). You are solely responsible for all costs associated with third-party tools and platforms.
6. Memberships; Automatic Renewal
6.1 AUTOMATIC RENEWAL. MEMBERSHIPS AND OTHER SUBSCRIPTION OFFERINGS AUTOMATICALLY RENEW AT THE END OF EACH BILLING PERIOD (MONTHLY OR ANNUAL, AS SELECTED AT CHECKOUT) AND YOUR PAYMENT METHOD WILL BE CHARGED THE THEN-CURRENT FEE FOR EACH RENEWAL PERIOD, UNTIL YOU CANCEL. THE RENEWAL TERM, FEE, AND CANCELLATION INSTRUCTIONS ARE ALSO DISCLOSED AT CHECKOUT.
6.2 Cancellation. You may cancel a Membership at any time through your account settings or by emailing legal@findopenhours.com. Cancellation takes effect at the end of your then-current billing period; you will retain access through the end of that period, and no full or partial refunds or credits will be provided for any unused portion of a billing period. Where required by applicable law, we will send renewal reminder notices and honor any additional cancellation rights that the law provides.
6.3 Effect of Cancellation or Non-Payment. Upon expiration or cancellation of a Membership, or upon suspension for non-payment, your access to member content, session replays, community spaces, and other Membership benefits ends. We have no obligation to retain or provide copies of any content, materials, or data associated with your Membership or account.
7. No Refunds
ALL SALES ARE FINAL. Except as expressly provided in this Section 7 or as required by applicable law, all fees and other amounts paid for any offering (including Memberships, Cohorts, Events, sessions, and any other paid Services) are non-refundable, and no refunds or credits will be provided for partially used periods, missed sessions, non-attendance, dissatisfaction, or any other reason.
If we cancel a paid offering in its entirety and do not reschedule it, we will, at our election, either refund the amounts you paid for that offering or transfer your enrollment to a comparable future offering. We may reschedule any session or Event with reasonable notice, and rescheduling is not a cancellation. We are not responsible for any other costs you incur in connection with a cancelled or rescheduled offering (such as travel, childcare, or third-party subscriptions).
8. Access; License to You
Subject to your complete and ongoing compliance with these Terms (including payment of all applicable fees), Open Hours grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services, and to view and use the content and materials made available to you through the Services, in each case solely for your personal, non-commercial use and, where applicable, solely for the access period stated on the applicable Offering Page. Access to member content and replays ends when your Membership ends. The Free Resources are licensed to you for your personal, non-commercial use; you may share links to the Free Resources, but you may not republish, redistribute, or sell them or any portion of them.
9. Technical Requirements; Third-Party Tools and Platforms
9.1 Technical Requirements. Participation in certain offerings may require, at your own cost: a current account or paid plan with one or more third-party AI tool providers; a computer or mobile device and reliable internet connection; and accounts with other third-party tools we teach (such as calendar, email, or productivity applications). Specific requirements for an offering are listed on the applicable Offering Page or in onboarding materials, and you are responsible for ensuring you meet them.
9.2 Third-Party Tools and Platforms. The Services involve the use of, reference to, and instruction concerning third-party tools, platforms, and services, including AI tools (such as those offered by Anthropic, OpenAI, Google, and Perplexity), productivity tools, and community or communication platforms (such as WhatsApp, Slack, or similar platforms on which our community spaces may be hosted). Third-party community platforms are considered part of the Services for purposes of your conduct obligations under these Terms, but we do not own or control any third-party tool or platform, and we are not responsible for any of them. You are solely responsible for reviewing and complying with the terms of service, acceptable use policies, and privacy policies of every third-party tool or platform you use. We do not control, and are not responsible for, how third-party tools and platforms collect, use, store, or disclose data, or for their availability, pricing, features, errors, or changes. Open Hours is not affiliated with, endorsed by, or sponsored by Anthropic, OpenAI, Google, Perplexity, Notion, Meta, or any other third-party tool or platform provider. To the fullest extent permitted by law, we will not be liable for any damage or loss caused by or in connection with your use of or reliance on any third-party tool, platform, website, content, or resource.
10. AI Tools and Outputs; No Reliance
THE SERVICES TEACH THE USE OF ARTIFICIAL INTELLIGENCE TOOLS. YOU ACKNOWLEDGE AND AGREE THAT: (A) AI TOOLS ARE PROBABILISTIC AND MAY PRODUCE OUTPUTS THAT ARE INACCURATE, INCOMPLETE, OUTDATED, BIASED, OR FABRICATED, EVEN WHEN THEY APPEAR CONFIDENT OR AUTHORITATIVE; (B) YOU ARE SOLELY RESPONSIBLE FOR REVIEWING AND VERIFYING ANY AI OUTPUT BEFORE RELYING OR ACTING ON IT, INCLUDING ANY OUTPUT GENERATED USING PROMPTS, TEMPLATES, GUIDES, OR TECHNIQUES PROVIDED THROUGH THE SERVICES; (C) YOU ARE SOLELY RESPONSIBLE FOR DECIDING WHAT INFORMATION (INCLUDING PERSONAL, FAMILY, FINANCIAL, HEALTH, OR OTHER SENSITIVE INFORMATION) YOU PROVIDE TO ANY THIRD-PARTY AI TOOL, AND FOR THE CONSEQUENCES OF DOING SO; AND (D) ANY PRIVACY, SECURITY, OR RISK-MANAGEMENT GUIDANCE WE PROVIDE (INCLUDING ANY SAFEGUARDS FRAMEWORKS IN OUR CURRICULUM) REFLECTS GENERAL EDUCATIONAL PRACTICES ONLY AND DOES NOT GUARANTEE ANY PRIVACY, SECURITY, OR OTHER OUTCOME. DESCRIPTIONS OF PROMPTS OR SYSTEMS AS "TESTED," INCLUDING THE "TESTED IN REAL HOUSEHOLDS" DESIGNATION, DESCRIBE OUR EDITORIAL REVIEW PROCESS ONLY AND ARE NOT A WARRANTY OR GUARANTEE OF ANY RESULT.
11. Educational Purposes Only; No Professional Advice
THE SERVICES AND ALL CONTENT, SESSIONS, MATERIALS, AND COMMUNITY DISCUSSIONS ARE PROVIDED FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. NOTHING IN THE SERVICES CONSTITUTES, OR SHOULD BE RELIED UPON AS, MEDICAL, LEGAL, FINANCIAL, TAX, ACCOUNTING, THERAPEUTIC, OR OTHER PROFESSIONAL ADVICE, AND NO PROFESSIONAL-CLIENT RELATIONSHIP OF ANY KIND IS CREATED BY YOUR USE OF THE SERVICES. YOU SHOULD ALWAYS CONSULT A QUALIFIED PROFESSIONAL (INCLUDING YOUR PHYSICIAN OR OTHER HEALTHCARE PRACTITIONER FOR ANY MEDICAL OR HEALTH-RELATED DECISION) BEFORE MAKING DECISIONS IN THESE AREAS. THIS APPLIES EQUALLY TO CONTENT PROVIDED BY GUEST SPEAKERS AND OTHER MEMBERS, WHOSE VIEWS ARE THEIR OWN AND ARE NOT REVIEWED, ENDORSED, OR VERIFIED BY OPEN HOURS.
12. No Guarantees of Results
While we believe our programs can help members build useful household systems, we make NO guarantees, representations, or warranties of any kind regarding outcomes, results, time savings, or improvements of any kind. Systems built with AI tools can and do fail, and require ongoing maintenance and human oversight. Our offerings are educational: we teach you how to build and maintain systems; we do not build, operate, or maintain them for you. Your results depend on your own effort, circumstances, judgment, and implementation. Any examples, testimonials, or member stories reflect individual experiences only and are not typical or promised results.
13. Our Intellectual Property
13.1 Ownership. The Services and all materials and content made available through them, including all curriculum, guides, prompt libraries, templates, worksheets, recordings, session materials, text, graphics, designs, logos, software, and other works (collectively, "Materials"), and all intellectual property rights in them, are owned by Open Hours or its licensors and are protected by copyright, trademark, trade secret, and other intellectual property laws. Except for the limited licenses expressly granted in these Terms, all rights in the Materials are reserved.
13.2 Restrictions. Except as expressly authorized in these Terms, you may not, and may not attempt or assist or permit any other person to: (a) reproduce, distribute, publicly display, publicly perform, publish, transmit, or create derivative works from the Services or any Materials; (b) share, post, sell, resell, license, rent, or otherwise make any Materials (or your access credentials, or any links to member-only content) available to any third party; (c) use any Materials or the Services to create, market, or teach a competing program, course, community, or service, or otherwise use the Materials for any commercial purpose; (d) record, screen-capture, download (except where a download function is provided), scrape, data mine, or use automated means to access or collect any part of the Services; (e) remove or alter any copyright, trademark, or other proprietary notices; or (f) interfere with or circumvent any security or access-control feature of the Services. Use of the Materials to train, fine-tune, or develop any artificial intelligence model or dataset is expressly prohibited.
13.3 Enforcement; Statutory Damages. Any unauthorized sharing, distribution, or use of the Materials constitutes both copyright infringement and a material breach of these Terms, may result in immediate termination of your access without refund, and may subject you to legal action and remedies available to Open Hours under applicable law. You acknowledge that under 17 U.S.C. Section 504, a copyright owner may be entitled to statutory damages of up to $30,000 per work infringed, and up to $150,000 per work for willful infringement, plus court costs and attorneys' fees under 17 U.S.C. Section 505. Copyright judgments can result in wage garnishments and liens on property.
13.4 Trademarks. "Open Hours," the Open Hours logo and wordmark, "Tested in Real Households," and all other names, logos, designations, and slogans used in connection with the Services (whether or not registered) are trademarks or service marks of Open Hours (the "Open Hours Marks"). Other names and logos appearing in the Services may be trademarks of their respective owners, who may not endorse or be affiliated with us. Nothing in these Terms grants you any license or right to use any Open Hours Mark, and all goodwill generated from any use of the Open Hours Marks inures exclusively to our benefit.
13.5 Feedback. If you provide ideas, suggestions, or other feedback about the Services, you grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use and exploit that feedback for any purpose without attribution or compensation to you.
14. User Content
14.1 Your Content. The Services may permit you to post, upload, share, or submit content, including messages, prompts, templates, questions, stories, images, and other materials ("User Content"). You retain ownership of your User Content.
14.2 License to Open Hours. By providing User Content through or in connection with the Services, you grant Open Hours a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, transferable, sublicensable license to host, store, reproduce, modify, adapt, publish, translate, publicly display, publicly perform, distribute, and otherwise use and exploit your User Content in connection with operating, providing, improving, and promoting the Services, in any media now known or later developed. If your User Content is selected for inclusion in our published resources (such as the prompt library), we may edit it and may, but are not required to, attribute it to you.
14.3 License to Other Users. By sharing User Content with other users through the Services, you grant each user with whom it is shared a non-exclusive, perpetual, royalty-free license to access and use that User Content for personal, non-commercial purposes as permitted by these Terms.
14.4 Your Representations. You represent and warrant that: you own or have all rights necessary to grant the licenses above; your User Content does not and will not infringe, misappropriate, or violate any third party's intellectual property, privacy, publicity, or other rights, or any law; and your User Content is not defamatory, harassing, obscene, or otherwise objectionable. You are solely responsible for your User Content, and we disclaim all liability in connection with it.
14.5 Monitoring and Removal. We do not pre-screen User Content and have no obligation to monitor it, but we reserve the right (not the obligation) to screen, edit, remove, or refuse any User Content at any time for any reason without notice. We may preserve and disclose User Content if required by law or in the good-faith belief that doing so is reasonably necessary to comply with legal process, enforce these Terms, respond to claims, or protect the rights, property, or safety of Open Hours, our users, or the public.
15. Community Conduct; Confidentiality
15.1 Community Guidelines. Our community spaces are intended to be respectful, supportive places, and this Section is our community guidelines. You agree to be respectful, kind, and constructive with other members; to thank corrections rather than argue them; and to keep self-promotion, advertising, and solicitation out of community spaces unless we expressly permit it. You further agree not to use the Services to: harass, threaten, demean, or harm any person; upload content that is unlawful, infringing, hateful, obscene, or otherwise objectionable in our sole judgment; send spam or unauthorized advertising or solicitations; solicit personal information from anyone under 18; harvest or collect other members' contact information; impersonate any person or misrepresent your affiliation; interfere with or disrupt the Services or their security features; violate any applicable law; or build, market, or recruit for a competing product, program, or service. We may investigate violations and take any action we deem appropriate, including removing content, suspending or terminating access without refund, and reporting to law enforcement.
15.2 Community Confidentiality. Members share personal and family information in our community spaces and sessions. You agree to keep information shared by other members within the community confidential, and not to disclose, publish, or use it outside the community. We likewise ask that you share thoughtfully; you are responsible for what you choose to disclose. All non-public information we provide to you about our business, operations, curriculum, and offerings is our confidential information, and you agree not to use or disclose it except as necessary to participate in the Services.
16. Recordings
We may record virtual sessions, workshops, and events, and make recordings available as replays to eligible members. Your voice, image, chat messages, and shared screen may appear in such recordings, and by participating you consent to this recording and use. You may not record, screen-capture, livestream, rebroadcast, or redistribute any session, event, replay, or community interaction, in whole or in part, by any means.
17. In-Person Events; Assumption of Risk; Media Release
17.1 Assumption of Risk. In-person Events are offered at venues that we do not own or control. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ATTEND ALL IN-PERSON EVENTS AT YOUR OWN RISK, AND YOU ASSUME ALL RISK OF INJURY, ILLNESS, LOSS, THEFT, OR DAMAGE OF ANY KIND ARISING FROM OR RELATED TO YOUR ATTENDANCE. OPEN HOURS AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, FACILITATORS, AND GUEST SPEAKERS WILL NOT BE LIABLE FOR ANY SUCH INJURY, ILLNESS, LOSS, OR DAMAGE. You are solely responsible for your own safety, property, and conduct, and for the safety, supervision, property, and conduct of any minor or guest you bring to an Event.
17.2 Media Release. Events and sessions may be photographed and recorded. By attending any Event or session, whether virtual or in person, you grant Open Hours the irrevocable, worldwide, royalty-free right to use, reproduce, publish, and display any photographs, video, and audio taken of you at the Event or session, and your name, image, and likeness as they appear in them, for our promotional, advertising, and other business purposes, on the Site, in the Services, and in any media now known or later developed, without notice, review, approval, or compensation, and you waive any rights of privacy, publicity, or any similar rights you may have in connection with such use.
18. Copyright Complaints (DMCA)
We respect the intellectual property of others and ask our users to do the same. If you believe your work has been infringed on the Services, send a notification to legal@findopenhours.com (subject line: "DMCA Takedown Request") containing: (a) a physical or electronic signature of a person authorized to act for the owner; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material claimed to be infringing and its location on the Services; (d) your address, telephone number, and email address; (e) a statement that you have a good-faith belief the use is not authorized by the owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the owner or authorized to act for the owner. If your content is removed and you believe the removal was a mistake, you may submit a counter-notice containing the information required by 17 U.S.C. Section 512(g)(3) to the same address. We will process notices and counter-notices in accordance with the Digital Millennium Copyright Act, and we may, in appropriate circumstances and in our sole discretion, terminate the accounts of repeat infringers.
19. Termination
These Terms are effective when you first accept them or access the Services, and continue until terminated. If you violate any provision of these Terms, your license and authorization to access the Services terminate automatically. In addition, we may suspend or terminate your account or your access to all or any part of the Services at any time, for any reason or no reason, with or without notice, and without liability to you or any third party. You may terminate your account at any time by contacting legal@findopenhours.com (subject to Section 6 for Memberships). Upon any termination: your license rights end and you must cease all use of the Services and Materials; you remain obligated to pay all amounts accrued before termination (including remaining payment-plan installments where termination results from your breach); no refunds will be provided; and Sections 7, 10 through 24, and 26 through 28, and any other provision that by its nature should survive, will survive termination.
20. Disclaimer of Warranties
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, OPEN HOURS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. WITHOUT LIMITING THE FOREGOING, OPEN HOURS MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) ANY RESULTS OBTAINED FROM USE OF THE SERVICES (INCLUDING ANY AI OUTPUTS) WILL BE ACCURATE OR RELIABLE, OR (D) ANY ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OPEN HOURS OR THROUGH THE SERVICES, CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
21. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL OPEN HOURS OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, FACILITATORS, GUEST SPEAKERS, AGENTS, LICENSORS, OR SUPPLIERS (COLLECTIVELY, THE "OPEN HOURS PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY OPEN HOURS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE OPEN HOURS PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU PAID TO OPEN HOURS FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100). EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES ALLOCATES THE RISKS BETWEEN THE PARTIES AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN; EACH IS SEVERABLE AND INDEPENDENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow certain disclaimers or limitations, so some of the above may not apply to you. IF YOU ARE A NEW JERSEY RESIDENT, SECTIONS 20 AND 21 ARE INTENDED TO APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY NEW JERSEY LAW.
22. Indemnification; Release
To the fullest extent permitted by law, you agree to release, indemnify, defend, and hold harmless the Open Hours Parties from and against any and all losses, damages, liabilities, expenses (including reasonable attorneys' fees), rights, claims, and actions of any kind arising out of or relating to: (a) your use of the Services; (b) your User Content; (c) your violation of these Terms or of any law; (d) your violation of any rights of another person; (e) your use of any third-party tool or platform, including any AI tool and anything you provide to it; or (f) your attendance at any Event, including any act or omission of any minor or guest you bring. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
23. Dispute Resolution; Binding Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
23.1 Informal Resolution First. Most concerns can be resolved quickly by contacting us at legal@findopenhours.com. Before commencing arbitration, the party asserting a dispute must send the other a written notice describing the nature and basis of the claim and the specific relief sought (a "Notice of Dispute"). Notices to us must be sent to legal@findopenhours.com. If the dispute is not resolved within 60 days after the Notice of Dispute is received, either party may commence arbitration.
23.2 Agreement to Arbitrate. You and Open Hours agree that any and all disputes, claims, or controversies arising out of or relating to these Terms, the Services, or the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising before, during, or after termination of these Terms, will be resolved exclusively through final and binding individual arbitration, rather than in court, except that: (a) either party may assert individual claims in small claims court if the claims qualify; and (b) either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights. This agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. The Federal Arbitration Act governs the interpretation and enforcement of this Section.
23.3 Procedures. Arbitration will be administered by the American Arbitration Association ("AAA") before a single neutral arbitrator under the AAA's Consumer Arbitration Rules, as modified by these Terms. The AAA Rules and forms are available at www.adr.org. Payment of filing, administration, and arbitrator fees will be governed by the AAA Rules. The arbitration will be conducted in New York County, New York, unless the AAA Rules or the arbitrator provide otherwise for consumer claims, and for claims of $10,000 or less you may elect a documents-only or telephonic proceeding as the AAA Rules allow. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this arbitration agreement, must follow these Terms as a court would, and must issue a reasoned written decision. Judgment on the award may be entered in any court of competent jurisdiction. All aspects of the arbitration, and any award, will be kept confidential to the fullest extent permitted by law.
23.4 CLASS ACTION WAIVER. YOU AND OPEN HOURS EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY FOR THAT PARTY'S INDIVIDUAL CLAIMS, EXCEPT THAT YOU MAY SEEK PUBLIC INJUNCTIVE RELIEF WHERE APPLICABLE LAW REQUIRES THAT OPTION FOR THIS PROVISION TO BE ENFORCEABLE. YOU AND OPEN HOURS EACH WAIVE THE RIGHT TO A TRIAL BY JURY.
23.5 Severability of Arbitration Terms. If any portion of this Section 23 other than the Class Action Waiver is found unenforceable, that portion will be severed and the remainder enforced. If the Class Action Waiver in Section 23.4 is found unenforceable as to a particular claim, then this entire Section 23 will be null and void as to that claim, which will proceed in the courts specified in Section 24, and Section 23 will remain in effect for all other claims.
23.6 One-Year Limitation. To the fullest extent permitted by law, any claim or cause of action arising out of or related to the Services or these Terms must be filed within one (1) year after the claim or cause of action arose, or be forever barred.
24. Governing Law; Venue
These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of New York, without regard to its conflict of laws principles. For any dispute not subject to arbitration under Section 23, you and Open Hours submit to the personal and exclusive jurisdiction of the state and federal courts located in New York County, New York.
25. Communications
By providing your email address or phone number, you consent to receive transactional and operational communications from us (such as receipts, account notices, session logistics, and renewal reminders) by email and, if you opt in, by SMS or text message. You may also opt in to marketing communications, and may opt out of marketing communications at any time by following the unsubscribe instructions in the message or contacting legal@findopenhours.com; opting out of operational messages may impair the functionality of the Services. Message and data rates may apply to SMS, and message frequency varies. You agree that notices, agreements, disclosures, and other communications we send electronically satisfy any legal requirement that a communication be in writing.
26. Changes to These Terms
We may modify these Terms at any time, in our sole discretion, without prior notice. Changes are effective immediately upon posting to the Site, and the “Last Updated” date above will reflect the current version. Your continued use of the Services after any modified Terms are posted constitutes your acceptance of the modified Terms; if you do not agree to the modified Terms, you must stop using the Services. It is your responsibility to review these Terms periodically. Disputes will be resolved under the version of these Terms in effect when the dispute arose.
27. General
These Terms, together with the Privacy Policy, any applicable Offering Page, and any other terms expressly incorporated by reference, constitute the entire agreement between you and Open Hours regarding the Services and supersede all prior agreements on that subject. You may not assign or transfer these Terms or your rights under them without our prior written consent; we may assign these Terms without restriction, and these Terms inure to the benefit of our successors and assigns. Our failure to enforce any provision is not a waiver of our right to do so later, and no waiver is effective unless in writing. If any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in full force. Section headings are for convenience only. We will not be liable for any delay or failure to perform resulting from causes beyond our reasonable control. These Terms do not create any agency, partnership, joint venture, employment, or franchise relationship between you and Open Hours, and there are no third-party beneficiaries of these Terms except the Open Hours Parties, each of which may enforce the provisions benefiting it. The Services are operated from the United States and intended for users located in the United States; we make no representation that the Services are appropriate or available elsewhere.
Notice for California Users: Under California Civil Code Section 1789.3, California users are entitled to the following notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
28. Contact
AI for Life LLC d/b/a Open Hours
By purchasing, enrolling in, attending, or otherwise using any Open Hours offering or the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.