Terms of Service

Note: This Terms of Service is effective December 11th, 2025 or the date you acknowledge these updated Terms within the Services, if earlier.

Welcome to SmoothSpeak! Please read on to learn the rules for using our application and website(“SmoothSpeak” or the “App”).

These Terms of Service (the “Terms”) are a contract between you and ProdTrace, Inc. (SmoothSpeak)(“we” and “us”). You need to accept all the Terms to use the App. Using the App means you agree to these Terms, which stay in effect while you use the App . These Terms include what’s on this page and in our Privacy Policy.

Please be aware that if you subscribe to the App for a specific term, unless noted otherwise in the App, your subscription will automatically renew for additional periods of the same length at our then-current prices. You can cancel your subscription anytime as described in the “Your Subscription” section below.

If you subscribed through your Apple ID, Apple handles all refund requests so you must contact their Apple Support. If you subscribed through Google Play Store or directly through SmoothSpeak, contact our customer support team at support@smoothspeak.ai.

The “Dispute Resolution” section of these Terms explains how any disputes between you and SmoothSpeak will be handled. It includes an arbitration agreement that requires most disputes to go through binding arbitration instead of court. You can opt out of this arbitration agreement by following the instructions in that section. If you don’t opt out, you’ll need to bring any claims against us individually (not as part of a class action), and you’ll be giving up your right to go to court or have a jury trial.

What is SmoothSpeak?

SmoothSpeak is an AI-powered texting assistant that helps you improve your communication on dating apps, text messages, and social media platforms. Our App uses artificial intelligence trained by professional dating coaches to analyze screenshots of your conversations and dating profiles, then provides personalized suggestions for what to say next.

AI and Accuracy

We hope you’ll find the App helpful, but please note that given the nature of AI technology, we can’t always guarantee accuracy or appropriateness—or dating success! We aim to empower our users to craft more engaging conversations and improve their texting confidence, but it's up to them to review, modify, and decide whether to use any suggestions the App provides in their relationships and communications. You are responsible for how you use the App.

Our conversational prompts, suggestions, and profile suggestions generated by the App are provided for informational and entertainment purposes only and do not constitute medical, psychological, legal, or other professional advice. You agree not to rely on the App as a substitute for professional counselling or therapy.

Your Privacy and Others

We’ll treat all personal data we collect in accordance with our Privacy Policy.

When you upload content to the App, you confirm that you have the right to share it and that you're complying with all applicable privacy laws. In some places, you may need consent from the other person before sharing conversation screenshots, so please be mindful of your local laws and respectful of what you reveal. You’re responsible for any content you upload and agree to hold us harmless if any issues arise from sharing screenshots without proper permission.

We know many are excited to use the App, but if you're under 18, you cannot create an account or use the App. The Children’s Online Privacy Protection Act (“COPPA”) requires online services to get parental consent before collecting personal information from children under 13. If you're under 18, please don't try to register for the App or send us any personal information about yourself. If we discover that some one under 18 has provided us with personal information, we'll delete it immediately.

Using the App

Account Registration

The App is offered only to individuals who are at least 18 years old and can form legally binding contracts. By creating an account, you represent that you meet this requirement. You’ll need to give us accurate, complete and up-to-date registration information about yourself at all times.

You can only use the App for your own personal purposes—not for any third party’s benefit and not impersonating anyone. You can’t transfer or share your account or password with anyone else, and you need to keep them secure. You’re responsible for all activity on your account and with your account.

If you choose to sign up or log in using a third-party service (like Google or Facebook), we may receive information from that service such as your name, email address, and profile picture to create or authenticate your account. By using these login options, you authorize us to access and use this information in accordance with our Privacy Policy.

Our Policies and Standards

You may not upload or submit any content that is illegal, harassing, threatening, harmful, or exploits or endangers any person in any way. Content containing nudity, sexual material, or that violates the terms of service of any dating platform or social media service is strictly prohibited. You must ensure your use complies with the rules and policies of the platforms you use.

While we're not obligated to monitor user activity or content, we may do so for security purposes and to protect the safety of our users and others. We reserve the right to remove content, suspend accounts, or report illegal activity to appropriate authorities if we discover violations of these standards.

Safety and Emergencies

The Service is not designed for crisis intervention. If you believe you may harm yourself or others or are experiencing a medical or mental-health emergency, call 911 (U.S.) or your local emergency services immediately and discontinue use of the Service. If you believe someone is using the App in a manner you believe is unsafe, harassing, or otherwise violates these Terms, please email safety@smoothspeak.ai.

Our Rules and Requirements

We want you to have a great experience using the App, but there are some rules to follow. When you use the App, you promise not to connect to a Third-Party Service or use the App in ways that:

• Infringe or violate anyone’s intellectual property or other rights;
• Violate any laws or regulations, including U.S. Export Administration Regulations (EAR) or International Traffic in Arms Regulations (ITAR);
• Are harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
• Include information you know (or should know) is wrong, incomplete, or debatable without proper disclaimers;
• Put your Account or anyone else’s at risk (like letting someone else log in as you);
• Try to get passwords, account info, or other security information from other users;
• Compromise computer network security or crack passwords or encryption codes;
• Run mailing lists, Listserv, auto-responders, spam, or any processes that run when you’re not logged in or that interfere with how the App works (including overloading our infrastructure);
• “Crawl,” “scrape,” or “spider” any pages, data, or portions of the App or Content (whether manually or automatically); or
• Decompile, reverse engineer, or try to get the source code or underlying ideas behind the App.

If you violate any of these rules, we may terminate your right to use or access the App immediately.

Your Subscription

These Terms start on the earlier of when you begin using the App or when you register or activate your account with us. Unless noted otherwise in the App during your registration, your subscription will automatically renew for additional periods of the same length at our then-current prices.

You can delete your account at any time by logging into the App and following the instructions in the settings. Please note that if you delete your account, your subscription will continue until the end of the subscription period for which the applicable fees have been paid. Additionally, you may need to cancel any recurring subscriptions purchased via the Apple App Store or Google Play Store to avoid additional billing.

If either party decides not to continue your subscription, either party can choose not to renew it by delivering notice to the other party at least thirty (30) days before your current subscription term ends.

We can also terminate or suspend your account at any time for any reason, including if you breach these Terms. After termination, certain provisions of these Terms will continue to apply. This includes any payment obligations or indemnification requirements you have, limitations on our liability, terms about ownership or intellectual property rights, and dispute resolution terms.

Fees and Payment

The App may have both free and paid features. Paid features require a subscription, with fees and payment terms detailed on our registration page (“Registration Page”). By selecting a paid plan, you agree to pay the fees listed on the Registration Page. You agree to pay all fees on time according to the billing terms when payment is due.

We reserve the right to adjust fees upon providing notice (either via email, a notification via the App, or some other reasonable communication method). Your continued use of the App after notice constitutes acceptance of the updated fees and terms.

You’ll need to give us valid and current credit card information. You authorize us to charge your credit card for the App as described on the registration page and/or posted on the App. If the App allow payment methods other than credit card, we’ll invoice you in advance according to the relevant page of the App. If you don’t pay on time, we reserve the right to add a finance charge of 1.5% per month (or the maximum allowed by law if lower), plus all collection expenses including reasonable attorneys’ fees.

While we hope you’ll love the App, if you decide you want a refund, please note that all payments are generally final and non-refundable (except where our registration page says otherwise or applicable law requires it). If you bought or downloaded the App through a third-party app store (like the Apple App Store or Google Play Store), their refund policies control—not ours. You’ll need to request any refunds directly from the app store following their rules and procedures.

Unless we say otherwise at checkout, listed prices exclude any sales, use, VAT, or similar taxes; where required we calculate and display these taxes at checkout based on your billing address, collect and remit them, and you agree to cover any additional amounts a taxing authority later determines should have applied (unless the shortfall is solely our error). If you claim a tax exemption, you must provide a valid exemption certificate before purchase, as taxes already paid are non-refundable.

Intellectual Property Rights

Intellectual Property Rights

As between you and SmoothSpeak, content that you upload and process through the App (including your images, screenshots, and chat conversations) (“Content”) belongs to you. As such, you’re responsible for all Content you contribute to the App, and by contributing it, you represent and warrant that you have all the necessary rights to do so. To provide you with the App and its features, we need certain permissions to your Content. Accordingly, for the sole purpose of providing the App and improving our products and services, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your Content. This license terminates after your Content is deleted from our systems.

Additionally, you grant us a perpetual, irrevocable, non-exclusive, transferable, sub-licensable, royalty free, and worldwide license to use Content that has been anonymized, aggregated, or otherwise rendered non-identifiable for any purpose, including analytics, research, product development, and business operations.

Upon account deletion, we will delete your Content posted to your personal account, subject to our standard archival and disaster recovery systems. Notwithstanding the foregoing, we may not immediately delete Content when others use it under applicable licenses, technical limitations prevent deletion, or retention is necessary to investigate illegal activity, protect our systems and users, comply with legal preservation obligations, or respond to judicial, administrative, law enforcement, or government requests. We retain such Content only as long as necessary for these purposes.

As always, your personal data is subject to the terms of our Privacy Policy.

AI-Generated Output

Your chat input is your Content and, as described above, you own your Content. SmoothSpeak retains ownership of all its AI-generated outputs. We grant you a limited, personal, revocable, non-exclusive license to use AI-generated outputs solely for your lawful personal communication. You agree not to use any AI-generated output for harassment, impersonation, defamatory, discriminatory, or otherwise unlawful or prohibited purposes. AI-generated suggestions may be similar or identical to outputs provided to other users, depending on the conversations you and other users may have with the App.

Our App and Marks

We own and retain all rights, title, and interest in and to the App (including all intellectual property rights).When you use the App, except where we’ve specifically granted you permission, you may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or otherwise exploit the App.

If you have any feedback, suggestions, or share content publicly with us, that’s great. Just know that we may freely use, modify, and incorporate it into our products and services. We do appreciate your input!

SmoothSpeak™, ProdTrace™, and all related marks, logos, and user interface elements are trademarks owned exclusively by ProdTrace, Inc. You may not use, reproduce, or copy these trademarks without explicit written consent from SmoothSpeak.

Copyright Complaints

If you believe content uploaded to the App infringes your copyright, please notify our designated DMCA agent:

ProdTrace, Inc. (SmoothSpeak)

Email: legal@smoothspeak.ai

Include in your notification: (1) your physical or electronic signature; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the allegedly infringing material on the App; (4)your contact information (name, address, phone number, email); (5) a statement that you have a good faith belief that use is unauthorized; and (6) a statement that the information provided is accurate, under penalty of perjury. SmoothSpeak reserves the right to terminate accounts of repeat infringers.

Changes to the App

We’re always working to improve SmoothSpeak, so the App may change from time to time. We might suspend or stop offering certain parts of the App, add new features, set limits on features, or restrict access to some parts of the App. When it’s practical, we’ll let you know about any material changes that might negatively affect you. We also reserve the right to throttle usage or implement rate limits as we deem reasonably necessary to maintain security, performance, and quality of service for all users.

Experimental Features

From time to time, we may offer beta or experimental features within the App, whether called "Beta," "Experimental," or something else. You'll have fun trying them out, but these features might only be available for a limited time and could change without letting you know first. They might work differently or have fewer features than our regular offerings. These beta/experimental features are provided at your own risk, which means we won't be responsible for any bugs or unexpected things that happen when you use them.

Changes to these Terms

These Terms might need to change as we improve the App. We can update the Terms at any time, but if we do, we’ll let you know by posting a notice on the SmoothSpeak website, sending you an email, or notifying you another way. If you don’t like the new Terms, you can reject them, but unfortunately that means you cannot continue enjoying SmoothSpeak, but if you decide to leave, you can stop using the App at any time. We explain in our Privacy Policy how we handle your information after you stop using the App, along with the licenses described above. Your Content may take a little while to be completely removed from our platform.

If we make changes to these Terms and you continue using the App after those changes take effect, that means you accept all the changes.

What Else Do I Need to Know?

Entire Agreement

These Terms are the complete agreement between you and SmoothSpeak, and they replace all previous agreements or understandings about the subject matter of these Terms. No third parties are intended to benefit from these Terms.

No Promises

WE PROVIDE THE APP ON AN “AS-IS” BASIS. THIS MEANS WE DON’T MAKE ANY PROMISES ORGUARANTEES ABOUT THE APP, INCLUDING THAT THEY’LL WORK PERFECTLY, BE SUITABLE FORYOUR SPECIFIC NEEDS, WON’T INFRINGE ON OTHERS’ RIGHTS, OR WILL ALWAYS BE AVAILABLEWITHOUT INTERRUPTION. SOME STATES DON’T ALLOW THESE KINDS OF DISCLAIMERS, SOTHEY MAY NOT APPLY TO YOU.

SMOOTHSPEAK MAKES NO GUARANTEE OF ANY SOCIAL OR RELATIONSHIP OUTCOME,MATCH, DATE, RESPONSE, OR CONVERSION RATE. Suggestions provided by SmoothSpeak are informational and entertainment-focused and are not intended as professional advice.

AI-generated outputs may inadvertently reflect biases present in the underlying training data. Weencourage all users to exercise independent judgment when relying on AI-generated content.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES ANDUNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICTLIABILITY, OR OTHERWISE) SHALL SMOOTHSPEAK (OR ITS LICENSORS OR SUPPLIERS) BELIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, ORCONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OFGOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE ORMALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I)$100 OR (II) THE AMOUNTS PAID BY YOU TO SMOOTHSPEAK IN CONNECTION WITH THESERVICES IN THE THREE MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANYMATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THEEXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION ANDEXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity

To the fullest extent allowed by applicable law, you agree to indemnify and hold SmoothSpeak and its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the App (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

App Platform Requirements

The following terms apply to your use of the App via the Apple, Inc. (“Apple”) App Store or via the GoogleLLC or one of its affiliates (“Google”) Play Store.

Apple App Store

In connection with your use of the App via an App Store application (an “Apple Application”):

• Both you and SmoothSpeak acknowledge that the Terms of Service are concluded between you and SmoothSpeak only, and not with Apple, and that Apple is not responsible for the Apple Application or your Content;
• The Apple Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the App for your private, personal ,non-commercial use, subject to all the terms and conditions of these Terms of Service as they are applicable to the App;
• You will only use the Apple Application in connection with an Apple device that you own or control;
• You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple Application;
• In the event of any failure of the Apple Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Apple Application;
• You acknowledge and agree that SmoothSpeak, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Apple Application;
• You acknowledge and agree that, in the event of any third-party claim that the Apple Application or your possession and use of the Apple Application infringes that third party’s intellectual property rights, SmoothSpeak, and not Apple, will be responsible for the investigation, defense, settlement, and discharge of any such infringement claim;
• You represent and warrant that you are not located in a country subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting ”country, and that you are not listed on any US Government list of prohibited or restricted parties;
• Both you and SmoothSpeak acknowledge and agree that, in your use of the Apple Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
• Both you and SmoothSpeak acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Service, and that upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as the third-party beneficiary hereof.

Google Play Store

By downloading an application for the App from the Google Play Store (or its successors) operated by Google, you specifically acknowledge and agree that:

• To the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms of Service, the Google Play Terms shall apply with respect to your use of the App that you download from Google Play, and
• You hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by SmoothSpeak or you (or any other user) under these Terms of Service or the Google Play Terms.

Assignment

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your account, in any way (by operation of law or otherwise) without SmoothSpeak’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations under these Terms without consent.

Notices

For any official notices:

• Email us at: support@smoothspeak.ai
• We’ll email you at the address you gave us when you signed up (or any new one you add to your settings)

Notices count as delivered when: sent by email, delivered in person or by overnight courier, or five (5)days after being sent by certified mail. Email works for all communications about the App and updates to these Terms. Make sure to keep your email current in your settings so you get our messages.

Enforceability

If either of us doesn’t enforce a right, that doesn’t mean we’re giving it up. If any part of these Terms is found to be invalid or unenforceable, that part will be limited or removed to the minimum extent necessary, and the rest of these Terms will remain in full effect.

Force Majeure

SmoothSpeak shall not be liable or responsible for any failure or delay in performance of our obligations due to events beyond our reasonable control, including but not limited to outages, natural disasters, labor strikes, acts of terrorism, pandemics, internet service interruptions, or third-party service provider failures.

Dispute Resolution

Governing Law

These Terms and your use of the App will be governed by California and United States law, without regard to conflict-of-law rules. You and SmoothSpeak agree to submit to the courts in San Francisco, California or the United States District Court for the Northern District of California in San Francisco (the “San Francisco Courts”) for any actions where either party seeks injunctive or other equitable relief to prevent infringement or violation of intellectual property rights, as described in the Dispute Resolution section below.

Arbitration and Class Action Waiver

Please read this carefully. It affects your rights. YOU AND SMOOTHSPEAK AGREE THAT ANYDISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO YOUR USE OFSMOOTHSPEAK, TO ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED BY OR THROUGHSMOOTHSPEAK, TO THIS AGREEMENT, OR TO THE CONTENT, AND/OR USER SUBMISSION ONSMOOTHSPEAK SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION, except that (1) you may assert claims in small claims court if your claims qualify; and (2) this agreement to arbitrate does not include your or SmoothSpeak’s right to seek injunctive or other equitable relief instate or federal court in San Francisco, CA to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., and federal arbitration law apply to this agreement and govern all questions as to whether a dispute is subject to arbitration.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, can award on individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms.

“Disputes” shall include, but are not limited to, any claims or controversies between you and SmoothSpeak against each other related in any way to or arising out of in any way from the Service, the Content, User Submission, including but not limited to sales, returns, refunds, cancellations, defects, policies, privacy, advertising, or any communications between you and SmoothSpeak, even if the claim arises after you or SmoothSpeak has terminated Service or a user account. Disputes also include, but are not limited to, claims that: (a) you bring against our employees, agents, affiliates, or other representatives; or (b) that SmoothSpeak brings against you. Disputes also include, but are not limited to, (i) claims in anyway related to or arising out of any aspect of the relationship between you and SmoothSpeak, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (ii)claims that arose before these Terms or out of a prior set of Terms with SmoothSpeak; (iii) claims that are subject to on-going litigation where you are not a party or a class member; and/or (iv) claims that arise after the termination of these Terms.

Before initiating an arbitration, you and SmoothSpeak each agree to first provide the other a written notice(“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute should be sent to: 80 State Street, Albany, NY 12207 or emailed at legal@smoothspeak.ai.SmoothSpeak will provide a Notice of Dispute to you via the email address associated with your SmoothSpeak account. You and SmoothSpeak agree to make attempts to resolve the Dispute prior to commencing an arbitration and not to commence an arbitration proceeding until this 45-day post-notice resolution period expires. If an agreement cannot be reached within 45 days of receipt of the Notice of Dispute, you or SmoothSpeak may commence an arbitration proceeding.

Unless you and SmoothSpeak agree otherwise in writing, arbitration shall (1) be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures then in effect (the “JAMS Rules”) and as modified by this agreement to arbitrate, including the rules regarding filing, administration, discovery, and arbitrator fees; (2) be conducted by a single, neutral arbitrator; and (3) take place in the county where you reside. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class or representative action. Further, unless both you and SmoothSpeak expressly agree otherwise, the arbitrator may not consolidate more than one person’s claims. If this prohibition of class, representative, or consolidated arbitration is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

If, for any reason, a claim proceeds in court rather than in arbitration, we each waive our right to a jury trial.

YOU THEREFORE UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOUAND SMOOTHSPEAK ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TOPARTICIPATE IN A CLASS ACTION FOR ANY CLAIMS COVERED BY THIS AGREEMENT

The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

The JAMS Rules are available on its website at https://www.jamsadr.com/rules-streamlined-arbitration/.Notwithstanding any JAMS Rules to the contrary or any other provision in the arbitration rules chosen, by agreement, to govern, you and SmoothSpeak each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, except that only a court (and not the arbitrator) shall decide any disagreements regarding the scope and enforceability of this agreement to arbitrate.

If your claim does not exceed $5,000, you and SmoothSpeak agree to waive an oral hearing by the arbitrator and the arbitration will be conducted solely on the basis of documents you and SmoothSpeak submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. To the extent an oral hearing is requested by you or SmoothSpeak, or deemed necessary by the arbitrator, you and SmoothSpeak agree that the hearing will be conducted telephonically or videographically.

An arbitrator’s award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award.

The arbitrator’s decision and award is final and binding, with some limited court review under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.

It is each parties’ responsibility to pay any JAMS filing, case management/administrative, and arbitrator fees as set forth in the JAMS Rules. If your claim for damages does not exceed $5,000, SmoothSpeakwill pay all such fees unless the arbitrator finds that either the substance of your Dispute or the relief sought was frivolous or was brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil Procedure 11(b)).

As an alternative to arbitration, you or SmoothSpeak may resolve Disputes in a small claims court that has jurisdiction over your claim. These Terms and this arbitration agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against SmoothSpeak on your behalf.