Terms of Service

Effective date: September 1, 2026 Last updated: September 1, 2026

1. Agreement to These Terms

These Terms of Service (“Terms”) are a binding agreement between Scylla Technologies (“we,” “us,” or “our”) and the individual or entity that accesses or uses BarCheck (“you,” “your”).

BarCheck is a product of Scylla Technologies. The “Service” means, collectively: the websites at barcheck.ai and app.barcheck.ai; the BarCheck web application; the free BarScan tool; the BarCheck WordPress plugin; any BarCheck browser extension; any BarCheck API; any reports, audits, or other deliverables we provide; and all related software, features, and services.

By creating an account, running a scan (including a free scan), installing or activating our software, accepting a proposal or order form, or otherwise accessing or using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.

These Terms apply to paid subscribers, free-trial users, and users of any free or unauthenticated feature alike.

The Service is offered from the United States and is intended solely for use by users located in the United States. It is not offered or directed to, and may not be used by, any person or organization located outside the United States. We make no representation that the Service or any Output is appropriate, available, or lawful for use outside the United States, and Output does not address the advertising, professional-conduct, consumer-protection, or data-protection requirements of any non-U.S. jurisdiction. If you access the Service from outside the United States, you do so on your own initiative, at your own risk, and you are solely responsible for compliance with local law.

You represent that you are located in the United States and are at least 18 years old. If you use the Service on behalf of a law firm, marketing agency, company, or other organization, you represent that you have authority to bind that organization to these Terms, and “you” means that organization as well as you individually.

2. Definitions

Compliance Scan means the automated screening of submitted content against our Reference Library.

Accuracy Review means the separate, metered feature in which the Service reviews an article or page and returns informational observations about factual statements in it.

Audit Services means any one-time site sweep, report, or similar deliverable we perform for a fee outside a standard subscription.

Customer Content means URLs, text, web pages, advertisements, articles, marketing materials, and other content you submit, or authorize us to access, for processing by the Service.

Monitored Site means a website you designate for scanning, monitoring, or recurring re-scanning under your plan.

Output means everything the Service returns to you, including findings, rule citations, severity ratings, suggested rewrites, coverage labels, scores, summaries, reports, and audit deliverables.

Reference Library means the internal collection of rule materials, source references, classifications, and related materials that Scylla Technologies compiles, maintains, and uses to operate the Service.

3. What BarCheck Is — and What It Is Not

BarCheck is an automated screening and workflow tool. It reviews advertising and marketing content against a Reference Library of professional-conduct and advertising rule materials and returns automated findings, severity ratings, rule references, and suggested rewrites. It is an informational tool designed to assist, organize, and speed up review performed by qualified human professionals. It is not a substitute for that review.

SCYLLA TECHNOLOGIES IS NOT A LAW FIRM AND DOES NOT PRACTICE LAW. THE SERVICE DOES NOT PROVIDE LEGAL ADVICE, LEGAL OPINIONS, ETHICS OPINIONS, OR LEGAL REPRESENTATION, AND IS NOT A SUBSTITUTE FOR THE JUDGMENT OF A LICENSED ATTORNEY. NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED BETWEEN YOU AND SCYLLA, ITS OWNERS, EMPLOYEES, CONTRACTORS, OR AGENTS BY YOUR USE OF THE SERVICE, BY YOUR SUBMISSION OF CONTENT, OR BY ANY COMMUNICATION WITH US ABOUT THE SERVICE.

Output is automated and computer-generated. It may be incomplete, outdated, over-inclusive, under-inclusive, or incorrect, and may not reflect the current version of any rule, statute, regulation, court decision, ethics opinion, advisory, or interpretation in any jurisdiction. Output is a suggestion for your consideration, not a determination of anything.

Scylla Technologies is an independent software company. Scylla Technologies and BarCheck are not affiliated with, sponsored by, endorsed by, licensed by, accredited by, certified by, or approved by any state bar, bar association, disciplinary authority, court, regulator, or the American Bar Association. References to rules, model rules, states, or regulators are descriptive only and do not imply any relationship, approval, or endorsement.

4. No Confidentiality, Privilege, or Work Product

The Service is a content-screening tool, not a secure repository for client information. You acknowledge and agree that:

• Content you submit to the Service is not protected by the attorney-client privilege, the work-product doctrine, or any other evidentiary privilege by reason of its submission to Scylla Technologies, and submission may waive protections that would otherwise apply.
• You must not submit privileged communications, client confidences or secrets, protected health information, financial account numbers, government identification numbers, or other sensitive personal information to the Service.
• The Service is intended for advertising, marketing, and other content that is published or intended for publication to the general public.
• Scylla Technologies has no duty of confidentiality to you or to any third party with respect to Customer Content, other than the data-handling obligations described in our Privacy Policy and in Section 17 (Confidentiality) with respect to information properly designated under that Section.

You are solely responsible for what you choose to submit and for any consequence of submitting information you should not have submitted.

5. Your Professional Responsibility

You acknowledge and agree that:

• You — not Scylla Technologies — are solely responsible for the content you publish, transmit, or authorize, and for its compliance with all applicable rules of professional conduct, bar advertising and solicitation rules, statutes, regulations, filing requirements, court decisions, and platform policies.
• If you are a licensed attorney, your professional and ethical obligations remain entirely yours. They cannot be delegated to, satisfied by, or shifted onto a software tool, and your use of the Service does not reduce, alter, or discharge any duty you owe to a client, a court, or a disciplinary authority, including any duty of competence or supervision.
• If you are a marketing agency, consultant, or other service provider, you are responsible for ensuring that appropriately licensed counsel reviews content before publication wherever legal review is required or prudent, and for making clear to your own clients that BarCheck output is not legal advice.
• You will independently verify all Output — including every rule citation, quotation, severity rating, and suggested rewrite — against the current official published source before relying on it, publishing content based on it, or advising anyone based on it.
• A result of “pass,” “no findings,” “no violations,” “clean,” or similar means only that the automated scan did not flag an issue against the materials then in its Reference Library for the selected jurisdiction. It is not a determination, opinion, certification, approval, guarantee, or assurance that any content complies with any rule, statute, or law, and it does not mean that no violation exists.
• Implementing a suggested rewrite does not make content compliant. Rewrites are drafting suggestions that require human review in context.

6. Coverage, Tiers, and Rule Changes

The Service screens content against a curated Reference Library. Coverage differs by jurisdiction, is labeled on reports, and changes over time.

Where content or a jurisdiction falls outside the Service’s verified coverage, the Service is designed to identify that limitation rather than infer an answer — but you remain fully responsible for compliance in every jurisdiction in which your content is published, directed, or accessible.

Rules, statutes, filing regimes, and interpretations change, sometimes without notice and sometimes retroactively. There will be periods during which the Reference Library does not reflect a change. Scylla Technologies does not warrant that the Reference Library is current, complete, or accurate at any given moment, and does not guarantee any particular update frequency, monitoring cadence, or turnaround time for reflecting a rule change.

Coverage labels, tier names, “verified” designations, badges, state counts, and similar indicators describe the internal status of Scylla Technologies’ Reference Library only. They are not representations, opinions, or certifications about your content, your compliance, or the law of any jurisdiction.

Scylla Technologies may add, change, reclassify, downgrade, suspend, or remove jurisdictions, rule materials, coverage tiers, severity classifications, features, and methods at any time, in its sole discretion, without notice and without liability. Nothing in these Terms, in any marketing material, or in any Output obligates Scylla Technologies to maintain coverage of any particular jurisdiction, rule, feature, or method.

Descriptions of the Service on our website, in documentation, in demonstrations, or in sales materials describe how the Service is designed to operate. They are descriptions and illustrations, not warranties, guarantees, or contractual commitments, and they are superseded by the disclaimers in these Terms.

7. Accuracy Reviews

Accuracy Reviews are an informational, metered feature. They return automated observations about statements in a submitted article or page based on sources available to the Service at the time of the review.

Accuracy Reviews are not fact-checking certifications, verification services, editorial approvals, or legal, medical, financial, or professional opinions. They may miss inaccurate statements, may flag accurate statements, and may rely on sources that are themselves incomplete, biased, or wrong. You remain solely responsible for the truth, substantiation, and legality of everything you publish, including any statement an Accuracy Review did not flag.

Accuracy Review allowances are counted per plan, reset each billing period, and do not roll over unless we state otherwise in writing.

8. Audit Services and Deliverables

Any Audit Services, one-time sweeps, or custom reports are provided as informational deliverables produced with the same automated Service and are subject to every disclaimer and limitation in these Terms. They are not legal audits, compliance certifications, or opinions, and they do not create any professional, fiduciary, advisory, or attorney-client relationship. Fees for Audit Services are due as quoted, are non-refundable once the deliverable is provided, and any credit toward a subscription applies only as expressly stated in the applicable quote.

9. Site Access, Monitoring, the Plugin, and Extensions

Certain features access content on your behalf, including scanning published URLs, monitoring designated sites, running scheduled or recurring re-scans, and reading page content through the WordPress plugin or a browser extension.

You represent, warrant, and covenant that, for every URL, site, page, or item of Customer Content you submit or designate:

• You own it, or you have all rights, licenses, consents, and authority necessary to submit it, to authorize Scylla Technologies to access, retrieve, copy, and process it, and to permit automated and recurring access to it;
• If you act on behalf of a client or other third party (for example, under an agency plan), you have that party’s authority to bind it to these Terms, to submit its content, and to authorize Scylla Technologies’ automated access to its sites, and you will make these Terms and the BarCheck Legal Disclaimer available to that party;
• Your submission and our processing will not violate any law, contract, terms of use, robots directive, privacy right, confidentiality obligation, or third-party intellectual property right; and
• You will not use the Service to access, scan, monitor, or analyze the website or content of a competitor, adversary, or other third party without that party’s authorization.

You are responsible for installing, configuring, updating, and securing the plugin, extension, and any credentials or integrations you connect. Scylla Technologies is not responsible for any effect these components have on your website, hosting environment, performance, plugins, themes, search rankings, or data, and you should maintain current backups.

Scylla Technologies may throttle, queue, suspend, or decline any scan, crawl, or automated access that we determine, in our discretion, risks harm to the Service, to a third-party site, or to our infrastructure, or that exceeds fair-use levels for your plan.

10. Accounts, Users, and Security

You are responsible for the accuracy of your account information, for safeguarding your credentials, and for all activity occurring under your account, whether or not authorized by you. Seat, site, and user limits are set by your plan. You must not share credentials, exceed your seat or site allotment, or permit access by anyone who has not agreed to these Terms. Notify us promptly at [email protected] of any suspected unauthorized access.

If your account is part of a firm or agency plan, the account administrator can access, manage, export, and delete scans, reports, settings, and user access under that account, and may act on your behalf with respect to the account.

11. Acceptable Use and Restrictions

You will not, and will not permit or assist any person to:

(a) use the Service to scan, monitor, or analyze content you have no right to submit;

(b) resell, rent, lease, sublicense, white-label, distribute, or otherwise make the Service or Output available to any third party, except as expressly permitted by your subscription tier (for example, agency use on behalf of the agency’s own clients);

(c) reverse engineer, decompile, disassemble, probe, or attempt to derive the source code, models, prompts, architecture, rule-selection logic, classification methods, weights, or other underlying components of the Service, except to the extent this restriction is unenforceable under applicable law;

(d) scrape, crawl, harvest, bulk-export, index, or systematically extract the Service, the Reference Library, or Output, or use automated means to access the Service other than through interfaces we provide for that purpose;

(e) use the Service, Output, or any part of the Reference Library to develop, train, fine-tune, evaluate, benchmark, or improve any machine-learning model, dataset, database, or product that competes with, replicates, or substitutes for the Service;

(f) publish, distribute, or disclose any benchmark, comparison, performance test, accuracy measurement, or evaluation of the Service without Scylla Technologies’ prior written consent;

(g) represent, imply, or permit anyone to believe that Output is legal advice, a legal opinion, an ethics opinion, a certification of compliance, or a determination or endorsement by Scylla Technologies, any bar, or any regulator;

(h) use the Service to create, refine, or disseminate content that is unlawful, deceptive, defamatory, harassing, or that infringes or misappropriates any third-party right;

(i) circumvent or attempt to circumvent usage limits, quotas, metering, access controls, security features, or fees, including by creating multiple accounts to obtain additional free usage;

(j) interfere with, disrupt, overload, or attempt to gain unauthorized access to the Service or any related system, network, or account; or

(k) use the Service in violation of any applicable law, rule of professional conduct, or third-party terms.

We may investigate suspected violations and may suspend or terminate access, remove content, and take any other action we consider appropriate. Violation of subsections (c), (d), (e), or (f) causes irreparable harm for which monetary damages are inadequate, and Scylla Technologies may seek injunctive relief without posting bond.

12. Customer Content, Data Rights, and Feedback

As between you and Scylla Technologies, you retain all ownership of Customer Content. You grant Scylla Technologies a worldwide, non-exclusive, royalty-free license to host, copy, store, transmit, display, process, analyze, and create derivative works of Customer Content and Output solely to: (a) operate, provide, and deliver the Service to you; (b) maintain, secure, troubleshoot, and protect the Service and prevent abuse; (c) comply with law; and (d) develop and improve the Service and the Reference Library.

Scylla Technologies may generate and use de-identified, anonymized, or aggregated data derived from Customer Content, Output, and usage of the Service — including statistics, patterns, error rates, classification frequencies, and benchmarks — for any lawful business purpose, including improving, training, testing, marketing, and reporting on the Service, during and after your use of it. Such data will not identify you, your clients, or any individual, and Scylla Technologies owns it.

Scylla Technologies does not sell Customer Content and does not disclose identifiable Customer Content publicly. Data handling is described further in our Privacy Policy.

If you send us suggestions, feature requests, or other feedback, you grant Scylla Technologies a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use and exploit that feedback for any purpose without restriction, attribution, or compensation.

13. Intellectual Property

Scylla Technologies and its licensors own all right, title, and interest in and to the Service and everything comprising it, including all software, models, prompts, pipelines, methods, processes, know-how, the Reference Library and its structure, selection, coordination, and arrangement, the user interface, designs, documentation, report formats, and the BarCheck, BarScan, and Scylla Technologies names, logos, and trademarks. All rights not expressly granted are reserved. No rights are granted by implication, estoppel, or otherwise.

Subject to your compliance with these Terms and payment of applicable fees, Scylla Technologies grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license, during your subscription term, to access and use the Service and to use Output for your own internal business purposes and for your own clients’ content under an agency plan — including implementing suggested rewrites in your own or your client’s published content.

You may not remove, obscure, or alter any proprietary notice, coverage label, disclaimer, or attribution contained in Output, and you may not distribute Output as a standalone product or compliance certification. Output is generated by automated means; identical or similar Output may be generated for other users, and Scylla Technologies makes no representation that Output is unique to you or protectable by you.

14. Fees, Trials, Auto-Renewal, and Cancellation

Plans and fees. Subscription plans, fees, quotas, seat limits, site limits, and metered allowances are described at barcheck.ai or in your order form, and may include usage-based charges for Accuracy Reviews or add-on packs. All fees are stated and payable in U.S. dollars.

Billing and auto-renewal. Subscriptions are billed in advance and automatically renew for successive periods of the same length at the then-current rate, using your payment method on file, until cancelled. You authorize us and our payment processor to charge your payment method on a recurring basis for subscription fees, metered usage, add-ons, and applicable taxes.

Free trials. If you start a free trial, the trial converts automatically into a paid subscription at the end of the trial period at the then-current rate unless you cancel before the trial ends. Trial eligibility, duration, and features are determined by us and may be modified or withdrawn.

Cancellation. You may cancel at any time through your account or by emailing [email protected]. Cancellation takes effect at the end of the then-current billing period. You retain access until that date. We do not provide refunds or credits for partial periods, unused scans, unused Accuracy Reviews, or periods of non-use, except where required by applicable law.

Refunds. Except as expressly stated in these Terms or required by law, all fees are non-refundable.

Price changes. We may change pricing, plan structures, quotas, or metering. Changes take effect at your next renewal, and we will provide notice by email or in-app notice before they apply to you. Continuing after the effective date constitutes acceptance; if you do not accept, cancel before renewal.

Late payment and failed charges. If a charge fails or a payment is overdue, we may retry the charge, suspend or downgrade the Service, and recover reasonable costs of collection. Amounts more than ten days overdue may accrue interest at 1.5% per month or the maximum permitted by law, whichever is less.

Taxes. Fees are exclusive of taxes. You are responsible for all sales, use, VAT, and similar taxes, excluding taxes on Scylla Technologies’ net income.

Disputes and chargebacks. Contact us at [email protected] before initiating a chargeback. Initiating a chargeback for amounts properly owed is a breach of these Terms and may result in suspension.

15. Third-Party Services and Automated Processing

The Service depends on third-party providers, including cloud infrastructure and hosting, third-party artificial-intelligence and machine-learning model providers, payment processors, email delivery services, analytics, and, where applicable, publicly available source materials. We select and change these providers at our discretion.

Portions of the Service are performed using one or more third-party model providers. Content you submit may be transmitted to those providers for processing under agreements that restrict their use of that content to providing services to us. See the Privacy Policy for details.

Automated systems, including machine-learning models, are probabilistic. They can produce different results for the same input, can omit issues, and can produce statements that are inaccurate or fabricated. Scylla Technologies is not responsible for the acts, omissions, availability, performance, changes, or discontinuation of any third-party provider, and any degradation or interruption of a third-party service may affect the Service without liability to Scylla Technologies.

Links or references in the Service to third-party websites, sources, or materials are provided for convenience only and do not constitute endorsement or verification.

16. Availability, Support, and Changes to the Service

The Service is provided on an “as available” basis. We do not commit to any uptime, availability, response time, or service level unless expressly agreed in a signed written agreement. We may perform maintenance, impose reasonable limits, and modify, suspend, or discontinue any feature at any time. Support is provided by email at [email protected] on a commercially reasonable-efforts basis during normal business hours.

17. Confidentiality

Each party may receive non-public information of the other that is designated confidential or that a reasonable person would understand to be confidential (“Confidential Information”). Scylla Technologies’ Confidential Information includes the non-public elements of the Service, the Reference Library and its structure and methods, non-public features, technical and security information, and non-public pricing and terms. The receiving party will use Confidential Information only to perform under these Terms, will protect it with at least reasonable care, and will not disclose it except to personnel and advisors bound by comparable obligations, or as required by law with prompt notice where legally permitted. This Section does not apply to information that is or becomes public without breach, was already known without duty of confidence, is independently developed, or is rightfully received from a third party.

18. Beta and Experimental Features

We may offer features identified as beta, preview, early access, experimental, or similar. Those features are provided as-is, may be unstable or discontinued at any time, may produce unreliable Output, are excluded from any commitment of any kind, and are used entirely at your own risk.

19. Disclaimer of Warranties

THE SERVICE, ALL OUTPUT, THE REFERENCE LIBRARY, AND ALL DELIVERABLES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCYLLA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

WITHOUT LIMITING THE FOREGOING, SCYLLA DOES NOT WARRANT AND EXPRESSLY DISCLAIMS ANY REPRESENTATION THAT: (A) THE SERVICE WILL IDENTIFY ALL, OR ANY PARTICULAR, COMPLIANCE ISSUES, RULE VIOLATIONS, INACCURACIES, OR RISKS IN ANY CONTENT; (B) OUTPUT, INCLUDING ANY RULE CITATION, QUOTATION, SEVERITY RATING, COVERAGE LABEL, OR SUGGESTED REWRITE, WILL BE ACCURATE, COMPLETE, CURRENT, CORRECT, OR FREE FROM ERROR OR FABRICATION; (C) THE REFERENCE LIBRARY REFLECTS THE CURRENT LAW, RULES, FILING REQUIREMENTS, OR INTERPRETATIONS OF ANY JURISDICTION; (D) USE OF THE SERVICE OR IMPLEMENTATION OF ANY OUTPUT WILL RESULT IN, ESTABLISH, OR CONSTITUTE EVIDENCE OF COMPLIANCE WITH ANY RULE, STATUTE, REGULATION, OR LAW, OR WILL PREVENT ANY GRIEVANCE, COMPLAINT, INVESTIGATION, DISCIPLINE, SANCTION, PENALTY, CLAIM, OR LOSS; OR (E) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SCYLLA OR THROUGH THE SERVICE, CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; IN THOSE JURISDICTIONS, THESE EXCLUSIONS APPLY TO THE FULLEST EXTENT PERMITTED.

20. Assumption of Risk

You acknowledge that you understand the automated and probabilistic nature of the Service, that you have been clearly warned that Output may be wrong or incomplete, and that you knowingly and voluntarily assume all risk arising from your use of the Service and any decision you make in reliance on Output. You agree that any reliance on Output without independent verification by a qualified human professional is unreasonable and is at your sole risk.

21. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

(A) SCYLLA AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST CLIENTS OR ENGAGEMENTS, LOSS OF GOODWILL OR REPUTATION, LOSS OF DATA, COST OF SUBSTITUTE SERVICES, OR BUSINESS INTERRUPTION;

(B) WITHOUT LIMITING SUBSECTION (A), SCYLLA WILL NOT BE LIABLE FOR ANY GRIEVANCE, BAR COMPLAINT, DISCIPLINARY PROCEEDING, PROFESSIONAL DISCIPLINE, SUSPENSION, DISBARMENT, SANCTION, FINE, CIVIL PENALTY, STATUTORY OR REGULATORY PENALTY, JUDGMENT, SETTLEMENT, DEFENSE COST, MALPRACTICE CLAIM, ADVERTISING INJURY, DEFAMATION CLAIM, CONSUMER-PROTECTION CLAIM, TAKEDOWN, PLATFORM SUSPENSION, OR RANKING OR TRAFFIC LOSS INCURRED BY YOU OR ANY THIRD PARTY, ARISING OUT OF OR RELATED TO THE SERVICE, ANY OUTPUT, ANY FAILURE OF THE SERVICE TO IDENTIFY AN ISSUE, OR ANY CONTENT YOU PUBLISH;

(C) THESE LIMITATIONS APPLY EVEN IF SCYLLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE; AND

(D) SCYLLA’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICE, OR ANY OUTPUT WILL NOT EXCEED THE GREATER OF (I) THE TOTAL AMOUNTS YOU ACTUALLY PAID SCYLLA FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) ONE HUNDRED U.S. DOLLARS ($100). IF YOU USE THE SERVICE WITHOUT PAYING FEES, SCYLLA’S TOTAL AGGREGATE LIABILITY WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).

THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY — CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE — AND APPLY TO CLAIMS BROUGHT BY YOU AND TO CLAIMS BROUGHT THROUGH YOU BY YOUR CLIENTS OR ANY OTHER PERSON. THEY REFLECT AN AGREED ALLOCATION OF RISK AND ARE A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN YOU AND SCYLLA; THE FEES CHARGED WOULD BE SUBSTANTIALLY HIGHER WITHOUT THEM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN THOSE JURISDICTIONS, THESE LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED.

22. Indemnification

You will defend, indemnify, and hold harmless Scylla Technologies and its owners, officers, employees, contractors, agents, licensors, and suppliers from and against any and all third-party claims, demands, proceedings, investigations, damages, liabilities, losses, fines, penalties, costs, and expenses (including reasonable attorneys’ fees and defense costs) arising out of or related to:

(a) any content you publish, transmit, or authorize, whether or not it was scanned by the Service and whether or not the Service flagged it;

(b) your use of, or reliance on, the Service or any Output;

(c) any URL, site, or content you submitted or designated without the rights or authority required by Section 9;

(d) any claim by a client, employer, or other third party of yours relating to the Service or Output, including any claim that you relied on the Service in place of professional review;

(e) your breach of these Terms or of any representation or warranty in them; or

(f) your violation of any law or the rights of any third party, including any bar or professional-conduct rule, advertising regulation, consumer-protection statute, privacy law, or intellectual property right.

We will notify you of any claim subject to indemnification, and you will not settle any claim in a manner that imposes obligation or admission on Scylla Technologies without our prior written consent. We may assume control of the defense at our expense, in which case you will cooperate.

23. Term, Suspension, and Termination

These Terms apply from your first use of the Service and continue until terminated. You may terminate by cancelling your subscription and ceasing use. We may suspend or terminate your access, in whole or in part, immediately and without liability, for breach of these Terms, non-payment, suspected fraud or abuse, risk to the Service or to third parties, or where required by law, and may terminate any free, trial, or unauthenticated access at any time for any reason.

On termination, your license to use the Service ends and we may delete your data as described in the Privacy Policy. You remain responsible for fees accrued before termination. Sections 3, 4, 5, 6, 8, 11 through 15, and 17 through 30, and any other provision that by its nature should survive, survive termination.

24. Changes to These Terms

We may modify these Terms. For material changes, we will provide notice by email or in-app notice and update the “Last updated” date. Changes take effect on the stated effective date, and your continued use after that date constitutes acceptance. If you do not agree, stop using the Service and cancel your subscription. The version posted at barcheck.ai is the operative version. Changes to Section 25 will not apply retroactively to disputes of which we had actual notice before the change.

25. Dispute Resolution, Arbitration, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

Informal resolution first. Before starting an arbitration or other proceeding, you agree to send a written notice of dispute to [email protected] describing the claim and the relief sought, and to attempt in good faith to resolve it informally for thirty (30) days. This is a condition precedent to commencing any proceeding.

Binding arbitration. If the dispute is not resolved informally, any dispute, claim, or controversy arising out of or relating to these Terms, the Service, any Output, or the relationship between the parties — whether based in contract, tort, statute, fraud, misrepresentation, or any other theory, and whether arising before or after termination — will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association under its applicable rules then in effect. The arbitration will be conducted by a single arbitrator, seated in Guilford County, North Carolina, in the English language, and may be conducted by videoconference or on documents at the arbitrator’s discretion. Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this Section.

Class action and jury trial waiver. ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING, AND MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON THAT PARTY’S INDIVIDUAL CLAIM. EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY. If this class-action waiver is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in court in the venue named below, and the remainder will proceed in arbitration.

Exceptions. Either party may (a) bring an individual action in small claims court within its jurisdictional limits, and (b) seek injunctive or other equitable relief in court to protect intellectual property, Confidential Information, or to stop unauthorized access to the Service.

Opt-out. You may opt out of arbitration and the class-action waiver by emailing [email protected] with the subject line “Arbitration Opt-Out,” including your name, account email, and a clear statement that you opt out, within thirty (30) days of first accepting these Terms. Opting out does not affect any other provision.

Costs and severability. Each party bears its own attorneys’ fees except where a statute or the arbitrator’s award provides otherwise; administrative and arbitrator fees are allocated under the AAA rules. If any part of this Section other than the class-action waiver is found unenforceable, it will be severed and the rest of the Section will remain in effect.

26. Time Limitation on Claims

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICE, OR ANY OUTPUT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES, OR IT IS PERMANENTLY BARRED.

27. Governing Law and Venue

These Terms and any dispute relating to them or to the Service are governed by the laws of the State of North Carolina, without regard to conflict-of-laws principles. For any dispute not subject to arbitration under Section 25, the state and federal courts located in Guilford County, North Carolina, have exclusive jurisdiction and venue, and each party consents to personal jurisdiction there and waives any objection based on inconvenient forum.

28. Notices and Electronic Communications

You consent to receive notices, agreements, disclosures, and other communications from us electronically, by email to the address on your account or by posting in the Service, and you agree that these satisfy any legal requirement that communications be in writing. Notices to Scylla Technologies must be sent to [email protected] and are effective on receipt. Keep your account email current.

29. Copyright and Takedown

If you believe content processed or displayed through the Service infringes your copyright, send a notice with the information required by 17 U.S.C. § 512(c)(3) to [email protected]. We will respond as appropriate, including by removing content and terminating repeat infringers.

30. Miscellaneous

Entire agreement. These Terms, the Privacy Policy, the BarCheck Legal Disclaimer, and any order form or written agreement referencing them are the entire agreement between you and Scylla Technologies regarding the Service and supersede all prior or contemporaneous understandings, proposals, demonstrations, and marketing statements. In the event of conflict, a signed written agreement controls, then an order form, then these Terms, then other documents.

No reliance. You have not relied on any statement, representation, warranty, or assurance not expressly set out in these Terms.

Severability. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed, and the remaining provisions stay in full effect.

No waiver. Failure or delay in enforcing any provision is not a waiver of it or of any other provision.

Assignment. You may not assign or transfer these Terms or any rights under them, by operation of law or otherwise, without our prior written consent; any attempt to do so is void. We may assign these Terms freely, including in connection with a merger, acquisition, financing, reorganization, or sale of assets.

No third-party beneficiaries. These Terms create no rights in any person other than you and Scylla Technologies. Your clients, employees, and any other third party have no right to enforce these Terms and no claim against Scylla Technologies arising from your use of the Service.

Independent parties. The parties are independent contractors. Nothing creates a partnership, joint venture, agency, fiduciary, employment, or professional relationship.

Force majeure. Neither party is liable for any delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, government action, internet or utility failure, cyberattack, or failure of third-party providers.

United States only. The Service is intended for use in the United States only, as described in Section 1. You represent that you are not located in an embargoed jurisdiction or on a restricted-party list and will comply with applicable U.S. export and sanctions laws. The Service is “commercial computer software” provided with restricted rights to U.S. Government end users.

Interpretation. Headings are for convenience only. “Including” means “including without limitation.” These Terms will not be construed against either party as the drafter.

31. Contact

Scylla Technologies — BarCheck

Legal: [email protected]

Privacy: [email protected]

Support: [email protected]