Terms and Conditions
Last Updated: August 30, 2024
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING, DOWNLOADING, OR USING ANY OF MOVE AI’S SITES AND SERVICES, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS AND USE THE SITES AND SERVICES.
These Customer Terms and Conditions ("Terms") govern your use of the website(s), mobile application(s), and other online products (with websites and mobile applications, “Sites”) and relocation and home services (collectively, the "Services") provided by A to B Labs, Inc. d/b/a Move AI ("Move AI," "we," or "us"). By accessing or using our Services, you agree to be bound by these Terms and all other terms incorporated by reference. If you do not agree to these Terms in their entirety, you may not use the Services.
1. THE SERVICES
Move AI's Services provide for the arrangement of relocation, home, and lifestyle services through an online digital platform that connects individuals ("Customers") with independent service providers ("Service Providers"). These services include, but are not limited to, moving, storage solutions, vehicle shipping, cleaning, gardening, handyman work, and other related services.
Move AI is duly qualified to operate as a broker for these various services, including its qualification as a household goods and property broker by the Federal Motor Carrier Safety Administration ("FMCSA") pursuant to its broker permit identified as United States Department of Transportation ("USDOT") No. 4223658 and Docket No. MC-1632952, and all applicable state and local laws. Move AI does not itself provide these services directly, and you acknowledge and agree that Move AI merely arranges for the provision of these services.
Move AI is not a party to any agreements which may be entered into between Customers and Service Providers. The Services allow Customers to obtain quotes, communicate with, and engage Service Providers for their desired services. Move AI will make reasonable efforts to obtain Customer confirmation before proceeding with each step in the process. However, as an authorized agent, Move AI may take necessary actions without explicit Customer confirmation in urgent situations or when unable to reach the Customer, always acting in the Customer's best interest. If a Customer is unsatisfied with Move AI's work product, they may request changes.
Service Providers will issue Customers an estimate of the charges. For services involving the transportation of goods (such as moving or vehicle shipping), the Service Providers will issue a bill of lading or other shipment documentation evidencing receipt of the goods. Move AI's insertion as the “carrier” or “shipper” in such documentation shall not change Move AI's status as a broker.Upon completion of services, Customer shall sign any relevant documentation (such as a bill of lading, delivery receipt, or service completion form) and notate thereon any issues, loss, or damage.
Move AI may terminate its relationship with Customer at any time upon notice of at least three (3) days. Any termination by Move AI shall not release Move AI from completing any Services not yet completed nor release Customer from its payment obligations for any Services performed by Move AI or the Service Providers.
2. MODIFICATIONS OF TERMS OF USE
Move AI may, in its sole and absolute discretion, modify these Terms at any time effective upon posting the modified Terms on and in connection with the Sites and Services, with or without additional notice to you. You are responsible for regularly reviewing information posted on the Sites and Services to obtain timely notice of such changes. If you do not agree to the amended terms, you agree to immediately stop using the Sites and Services and to provide Move AI notice to remove you from any distribution lists or other communication lists that are available to you through your use of the Sites and Services. YOUR CONTINUED USE OF THE SITE AND SERVICES AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF USE.
3. ESCROW SERVICES
Move AI utilizes third-party payment processing services to facilitate payments from Customers to Service Providers. When a Customer agrees to engage a Service Provider, the Customer's payment will be held with this third-party in an account controlled by Move AI, to be released to the Service Provider upon completion of the agreed upon Services. Funds will be released from escrow account upon confirmation by the Customer that Services have been completed or one week after the scheduled service date if Move AI has not received notice of any dispute from the Customer. In utilizing Move AI's escrow services, you agree to be bound by the terms of service of our third-party payment processor.
4. COMMUNICATIONS MONITORING
By using the Services, you acknowledge and agree that Move AI may monitor and analyze all communications between Customers and Service Providers that occur through the Sites, including phone calls and messages placed from the Move AI application. This may include reviews of phone calls, emails, text messages, and other communications. Such monitoring shall be solely for the purposes of providing and improving the Services and shall be conducted in accordance with Move AI's Privacy Policy.
5. PRIVACY
You acknowledge that Move AI will monitor and analyze communications between you and Service Providers that occur through the proxy email addresses and phone numbers created as part of the Services. You expressly consent to this monitoring and agree that it is necessary for Move AI to ensure the quality and safety of the interactions, to generate objective performance reports, and otherwise perform Services. Move AI will comply with all applicable laws and regulations, including wire-tapping laws, in its monitoring of these communications.
6. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by A to B Labs, Inc., d/b/a Move AI 201 North Union St, Suite 110, Alexandria, VA 22314. If You have any questions, concerns, or complaints regarding the Services, please contact Move AI by contacting admin@moveai.com or sending a letter, first class certified mail, to A to B Labs, Inc., d/b/a Move AI [201 North Union St, Suite 110, Alexandria, VA 22314] Attn: Customer Care. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
7. USE OF THE SITE AND SERVICES
Subject to full compliance with these Terms, Move AI grants Customers a non-exclusive, non-transferable, non-sublicensable, terminable license to access and use the Sites and Services for your personal use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Sites or Services or any of their content for any purpose except for your personal use and as described in these Terms, without the express written consent of Move AI. Move AI may modify, update, suspend or discontinue the Sites and Services, in whole or in part, at our sole and absolute discretion for any or no reason, at any time and with or without notice. Move AI shall not be liable to any Customer or other third party for any such modification, update, suspension or discontinuance. You acknowledge and agree that as part of the Services, Move AI creates anonymous email addresses and phone numbers to facilitate and protect the privacy of communications between you and Service Providers. By using the Services, you understand and agree that Move AI can access, monitor, and analyze all text messages, voice communications, and other interactions between you and Service Providers that occur through these anonymous channels. This monitoring allows Move AI to ensure the quality and safety of the interactions and to generate objective performance reports based on the observed interactions. You expressly grant Move AI permission to access and monitor these communications as part of the Services.
8. DELAYS AND ACCESSIBILITY
The Sites and Services may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. Move AI is not responsible for any delays, failures or other damage resulting from such problems.
9. REGISTRATION INFORMATION
We may require that you create an account to use or access certain parts of the Sites and Services and use certain products and features. We may require that you provide login information such as a phone number, or username and password to access and utilize your account. As a condition of your use of the Sites and Service, you agree to (a) provide Move AI with true, accurate, current and complete information as prompted by the Move AI’s registration forms, when registering for or using the Sites and Services and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.
10. AUTHORIZED AGENTS
By agreeing to these Terms, you acknowledge and agree to the following regarding authorized agents: (a) Move AI is designated as your authorized agent for arranging and managing the Services, which includes: (i) Signing bills of lading or other shipment documentation; (ii) Confirming completion of services; (iii) Communicating with Service Providers; (iv) Making payments or adjustments to services; (v) Taking necessary actions in time-sensitive situations when you are unavailable; (b) You may designate additional authorized agents to act on your behalf, provided such designation is made in writing to Move AI prior to the agent's use of the Services; (c) Additional authorized agents may include employees of companies hired to manage moving, cleaning, or home improvement services on your behalf; (d) You are fully responsible and liable for all actions taken by Move AI or any additional authorized agent in their capacity as an authorized agent in relation to the Services; (e) Move AI reserves the right to verify the authority of any person claiming to be your authorized agent; (f) Move AI will act in good faith and in your best interest when exercising its authority as an authorized agent, but may need to make decisions or take actions on your behalf in time-sensitive situations when you are unavailable; (g) You agree to indemnify and hold harmless Move AI and Service Providers for any actions taken in good faith reliance on the representations of Move AI or any additional authorized agent; (h) You may revoke this authorized agent designation in writing at any time, but such revocation will not affect actions taken prior to Move AI's receipt of the revocation; (i) Move AI will make reasonable efforts to obtain your confirmation before proceeding with each step in the process, but may take necessary actions without explicit confirmation in urgent situations, always acting in your best interest; (j) If you are unsatisfied with Move AI's work product or any actions taken by an authorized agent, you may request changes or file a dispute according to the procedures outlined in these Terms; (k) You shall not misrepresent the authority or scope of any authorized agent, including Move AI, to any third party involved in the Services; (l) You shall promptly notify Move AI of any changes in the status or authority of any additional authorized agents you have designated; (m) You acknowledge that Move AI may refuse to act on instructions from an authorized agent if it reasonably believes such instructions may be fraudulent or in violation of these Terms or applicable law.
11. CUSTOMER REPRESENTATIONS AND WARRANTIES
In connection with receiving the Services, the Customer represents and warrants: (a) Customer is the owner, or in lawful possession, of the household goods (as defined in 49 USC 13102(10)) or property offered for Services and possesses the legal authority to accept these Terms; (b) any individual other than Customer which signs a bill of lading or other shipment documentation with respect to the household goods is your authorized representative; (c) all household goods and property offered for Services are in a condition which can withstand the rigors of the Services; (d) no property tendered by Customer shall constitute hazardous goods (as defined in 49 CFR 172.800 and 173 et. seq.) or any other restricted or prohibited goods, such as food products, as indicated by Move AI or the Service Providers; (e) Customer understands and acknowledges that Customer may request a list of the Service Providers used by Move AI to provide the Services; (f) Move AI will bear no liability for the acts and omissions of the Service Providers; (g) Move AI is not responsible, and hereby disclaims liability, for loss or damage to your household goods or property and any claims involving Service Provider’s fees and charges and Customer shall look exclusively to the Service Provider for resolution of such claims.
12. CONSUMER PROTECTIONS
In connection with receiving the Services, Customer: (a) understands and acknowledges that any estimates for the Services are based upon either the Service Provider’s Tariff, a copy of which is available on the Service Provider’s website or may be provided to Customer upon request, or a direct quote; (b) acknowledges that Services Providers may perform physical surveys of Customer’s household goods to provide an estimate; (c) may agree to waive the requirement for a physical survey and, if waived, understands any estimate would be based upon the physical characteristics of the shipment provided by Customer; and (d) has been provided copies of the FMCSA’s “Your Rights and Responsibilities When You Move” booklet and “Ready to Move” brochure (copies available at: https://www.fmcsa.dot.gov/protect-your-move/consumer-rights) and has signed, or will sign, a receipt evidencing such receipt.
13. INDEPENDENT CONTRACTORS/RELATIONSHIP WITH SERVICE PROVIDERS
Move AI’s relationship to Customer is that of an independent contractor and Customer understands. Move AI is not a party to any agreements entered into between Customers and Service Providers. Service Providers are independent contractors and not employees, partners, agents, joint venturers, or franchisees of Move AI. Move AI does not control or direct the Service Providers' performance of services.
14. PAYMENT TERMS; MOVE AI COMPENSATION
Customer payments are processed through a third-party payment processor. By making a payment through the Services, you authorize Move AI, through its third-party payment processor, to charge your selected payment method. You agree to pay all charges incurred by you or on your behalf through the Services, at the prices provided in the Service Provider’s Tariff and any other agreements in place between you and the Service Provider in effect when such charges are incurred. In the event a Service Provider cancels a scheduled service, payments held in escrow shall be returned to the Customer. Move AI will not refund any payments except in accordance with the Service Provider's own refund policy. In addition to fees paid for Service Providers, Move AI charges a commission to the Service Provider which is taken from your escrow account prior to release of the remaining escrow account to the Service Provider. The Services may be canceled for a full refund up until a Service Provider renders service. Customer and Move AI agree to file any disputed payment claims involving Move AI’s compensation within seven (7) days of the delivery date. Any such claim not made within the indicated period shall be deemed waived. All disputed payment claims shall be paid within thirty (30) days of the Parties’ agreement on payment of such claim.
Funding the Escrow Account
Customers are required to fund an escrow account controlled by Move AI via a debit transfer or wire transfer two days prior to the scheduled move date to ensure all funds are cleared and available. This provides sufficient time to secure the necessary resources and personnel for the move. If funds are not deposited two days prior to the move, MoveAI offers an unannounced 48-hour grace period during which the Customer can still transfer the funds without penalty. If funds are still not received within this period, Move AI reserves the right to cancel services and charge Customer for the full amount due, including any applicable cancellation fees charged by Service Providers due to late cancellation.
Payment Release
The Service Provider’s service is considered complete when the Customer confirms that all services have been rendered satisfactorily. If the Customer does not provide confirmation immediately post-service, the funds will be automatically released to the Service Provider after 48 hours unless a dispute is filed by the Customer.
Cancellation and Refunds
Customers may cancel the Services up to 48 hours before the scheduled move without incurring any fees. Cancellations made after this point may be subject to Service Provider cancellation fees, which will be deducted from the refunded amount. If a Service Provider fails to perform the agreed-upon services or significantly underperforms, the Customer is entitled to a refund. This refund will be processed after review and confirmation of the claim by Move AI. In the case of an overpayment or billing error, the excess amount will be automatically refunded to the Customer's original payment method within five business days of acknowledgment of the error.
Regulatory Compliance and Data Protection
All escrow transactions will comply with applicable financial regulations and data protection laws to ensure security and legal integrity. Financial data and personal information are strictly confidential and will not be shared with third parties without explicit consent, except as required by law.
Dispute Resolution
In the event of a dispute between You and Service Provider, funds will be held in escrow until the dispute is resolved. Move AI will make reasonable effort to facilitate a resolution involving both parties and an impartial mediator if necessary.
15. INTELLECTUAL PROPERTY
The Services and all content and materials included on the Services, such as text, graphics, logos, button icons, images, audio clips, and software, are the property of Move AI or its licensors and are protected under both United States and foreign intellectual property laws. You are granted a limited, non-exclusive, non-sublicensable, non-transferable license to access and use the Services for their intended purposes. You shall not use the Services in any manner that infringes Move AI's or any third party's intellectual property or proprietary rights.
16. PROHIBITED CONDUCT
In your use of the Services, you agree not to: (a) Use the Services for any unlawful purpose or in violation of any applicable law; (b) Upload or transmit any content that infringes upon or violates the rights of any third party; (c) Use the Services to transmit any spam, junk mail, or other unsolicited communications; (d) Impersonate any person or entity or misrepresent your affiliation with a person or entity; (e) Interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords through hacking, password or data mining, or any other means; (f) Harass, threaten, or intentionally embarrass or cause distress to another user of the Services; (g) Decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Services, or otherwise tamper with the Services.
17. SERVICE PROVIDER VETTING PROCESS
We only allow Service Providers who have demonstrated high ratings on external third-party sites like Yelp, BBB, Google, TrustPilot, etc. to join our platform. Move AI ensures Household Goods Moving companies are licensed with an active USDOT number, an MC number and have the proper operating authority granted by the USDOT. We have written agreements with every Service Provider on our platform (each, a “Service Provider Agreement”) and each Service Provider Agreement includes provisions materially similar to the following: (a) Service Provider maintains, and will maintain during the term of the Service Provider contract, all operating authorities, permits, insurance, and bonds required under applicable law; (b) Service Provider shall provide its services consistent with all applicable law; (c) Service Provider shall agree it assumes primary liability for loss or damage to household goods and such liability, if applicable, shall be pursuant to its published tariff (“Tariff”). Household Goods Moving Service Providers liability will be not less than $0.60 per pound, unless the Customer requests full value coverage and Service Provider accepts full value liability; (d) Service Provider shall process loss and damage claims promptly and consistent with its Tariff and all applicable law; (e) Service Provider shall provide Customer with an arbitration program meeting the requirements of 49 CFR 375.211; and (f) Service Provider shall agree that at no time during the term of its Service Provider Agreement shall it have a “Conditional” or "Unsatisfactory" safety rating as determined by the FMCSA; If Service Provider receives a Conditional or Unsatisfactory safety rating then it shall immediately notify Move AI.
18. SERVICE PROVIDER TERMS AND CONDITIONS
After a Customer books a Service Provider through our Services, they will be bound by the terms and conditions of the Service Provider. These will be clearly spelled out in the contract signed between the Customer and Service Provider.
19. LIABILITY DISCLAIMERS
Move AI is not a referral, matching, or placement service and does not provide, refer, place, offer or seek to obtain employment or engagements for any Service Providers. Move AI provides the Services as a platform for Customers to connect with Service Providers, however, Move AI itself provides no household relocation services. Any agreements entered into between Customers and Service Providers are solely between those parties and Move AI shall not be a party to, or have any liability arising from or related to, such agreements.
LIMITATIONS OF LIABILITY APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MOVE AI DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. MOVE AI DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER MALICIOUS CODE. MOVE AI MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, OR THE SERVICES THEMSELVES.
MOVE AI SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ANY ACTIONS OF OR SERVICES PROVIDED BY SERVICE PROVIDERS. MOVE AI DOES NOT CONTROL OR DIRECT THE PERFORMANCE OF SERVICES BY SERVICE PROVIDERS AND DISCLAIMS ALL LIABILITY FOR CLAIMS ARISING FROM OR RELATED TO SUCH SERVICES. ANY DISPUTES REGARDING SERVICES PROVIDED BY SERVICE PROVIDERS MUST BE RESOLVED DIRECTLY BETWEEN THE CUSTOMER AND THE SERVICE PROVIDER.
In addition to the above disclaimers: (a) Move AI's liability, if any, is limited to issues directly related to the platform's functionality and is capped at the total fees paid by the Customer for the specific service in question; (b) Move AI is not liable for claims made by third parties (e.g., property owners, neighbors) related to services provided by Service Providers; (c) Customers must file any claims within 3 days of service completion. Claims should be submitted in writing to [admin@moveai.com]; (d) Move AI does not provide insurance for moving services. Customers are encouraged to verify insurance coverage with their chosen Service Provider; (e) Move AI's liability for data breaches is limited to instances of gross negligence or willful misconduct; and (f) If any part of this liability section is found to be unenforceable, the remaining parts shall remain in full force and effect.
20. DATA PROTECTION AND PRIVACY
Move AI is committed to protecting the privacy and security of our Customers' personal information. This section outlines our data protection and privacy practices: (a) Data Collection: Move AI collects personal information (such as name, address, phone number, email), payment details, service preferences, and communication records. This data is collected through our website, mobile application, and customer service interactions. We also collect home image, audio and video data; (b) Data Usage: Collected data is used to facilitate services, improve our platform, conduct internal analytics, and comply with legal obligations. Data may be shared with Service Providers as necessary to fulfill service requests; (c) Data Storage and Security: Move AI employs industry-standard security protocols to protect customer data and conducts regular security audits to ensure the integrity of our data protection measures; (d) Data Retention: Customer data is retained for 3 years after the last service date, unless otherwise required by law. Customers may request earlier deletion of their data by contacting [admin@moveai.com]; (e) Customer Rights: Customers have the right to: (i) Access their personal data (ii) Request corrections to their data (iii) Request deletion of their data (iv) Opt-out of marketing communications. To exercise these rights, Customers should contact [admin@moveai.com]; (f) Regulatory Compliance: Move AI complies with all applicable data protection regulations, including GDPR and CCPA where relevant; (g) Breach Notification: In the event of a data breach that compromises Customer personal information, affected Customers will be notified within 72 hours of discovery, as required by applicable laws; (h) Third-Party Data Sharing: Data may be shared with third parties such as payment processors, cloud storage providers, and analytics services. All third parties are bound by strict confidentiality agreements and are prohibited from using the data for any purpose other than providing services to Move AI; (i) Data Analysis: Anonymized data may be used for platform improvements and market analysis. Customers may opt-out of such analysis by contacting [admin@moveai.com]. Move AI reserves the right to update this Data Protection and Privacy section as necessary to comply with changes in applicable laws or regulations. Customers will be notified of any material changes to this section.
21. LIMITATION OF LIABILITY
NEITHER MOVE AI NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MOVE AI HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL MOVE AI'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS PAID BY YOU TO MOVE AI FOR USE OF THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN MOVE AI AND YOU.
22. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Move AI, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any claims, actions, demands, liabilities, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Services in a manner that violates or is alleged to violate these Terms or your agreement(s) with any Service Provider(s). Move AI shall have the right, at its own expense, to assume exclusive defense and control of any matter subject to indemnification by you, and you shall not settle any such claim or matter without the written consent of Move AI.
23. FORCE MAJEURE
Neither party shall be liable for any failure or delay in performing their obligations under this agreement due to events beyond their reasonable control, including but not limited to: (a) Acts of God, natural disasters, or severe weather conditions; (b) War, civil unrest, or acts of terrorism; (c) Government actions or changes in law; (d) Pandemics, epidemics, or other public health emergencies; (e) Labor disputes or strikes; or (f) Widespread power outages or telecommunications failures.
In the event of a force majeure occurrence, the affected party shall: Promptly notify the other party of the nature and extent of the force majeure condition. Use reasonable efforts to mitigate the effects of the force majeure event. Resume performance as soon as practicable once the force majeure event has ended. If a force majeure event continues for more than 30 days, either party may terminate this agreement with written notice to the other party.
24. DISPUTE RESOLUTION & ARBITRATION AGREEMENT
If a dispute arises between a Customer and a Service Provider, the parties agree to follow the dispute resolution process outlined in the Service Provider’s Tariff before proceeding to binding arbitration.
If a dispute arises between you and Move AI, our goal is to resolve it quickly and cost-effectively. Accordingly, you and Move AI agree to resolve any claim, dispute, or controversy that arises out of or relates to your use of the Services or these Terms by binding arbitration. This agreement to arbitrate is intended to be broadly interpreted, including, without limitation: (a) claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (b) claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising); (c) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and (d) claims that may arise after the termination of your use of the Services.
The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in Wilmington, Delaware or the city within the United States in which you reside.
You and Move AI agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Unless both you and Move AI agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
Notwithstanding the foregoing, either party may bring an action against the other or seek injunctive or other equitable relief in a court of competent jurisdiction in Wilmington, Delaware. The parties hereby irrevocably submit to the exclusive personal jurisdiction of these courts and waive the defense of inconvenient forum to the maintenance of any action or proceeding in such venue.
25. GOVERNING LAW
These Terms are governed by and will be construed under the laws of the State of Delaware, without regard to the conflicts of laws provisions thereof.
26. ENTIRE AGREEMENT
These Terms, along with the applicable Tariff and other service documentation, constitute the entire and exclusive understanding and agreement between Move AI and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Move AI and you regarding the Services. No advice or information, whether oral or written, obtained by you from Move AI or through or from the Services shall create any warranty not expressly stated in these Terms.
27. CONTACT
If you have any questions about these Terms, please contact Move AI at:
[admin@moveai.com]
A to B Labs, Inc., d/b/a Move AI
201 North Union St, Suite 110, Alexandria, VA 22314
