Last Updated: 8/1/2025
This Terms of Service (“Agreement”) is a legally binding contract between you and Slung AI, Inc. (“Slung,” “us,” “we,” or “our”) regarding your use of the Service (as defined in Section 1). References to “Customer”, “you”, and “your” refer to the individual, company, or other entity that accepts the Agreement, by executing an ordering document provided to you by us, placing an Order using online functionality Slung makes available like clicking a box, creating an Account (as defined in Section 3.3), or otherwise affirmatively accepting the Agreement through another means Slung offer you. If the Service is being used on behalf of a company or other entity by an individual authorized to accept this Agreement on its behalf, then all references to “Customer,” “you,” or “your” refer to the company or other entity. If you are a company or other entity, the individual accepting this Agreement on your behalf represents and warrants that they have authority to bind you to this Agreement. If you are accepting this Agreement on behalf of a company or other entity and an authorized representative of the entity has already accepted this Agreement on behalf of the entity or entered into a separate agreement regarding the use of the Service (“Separate Agreement”) prior to the date upon which you accept this Agreement (“Effective Date”), this Agreement will not apply to you and your and the entity’s rights and obligations with respect to the Service will at all times be governed by, and subject to, the Separate Agreement. If you are not eligible, or do not agree to the terms and conditions of the Agreement, then you do not have our permission to use the Service. Your use of and our provision of the Service to you, constitutes an Agreement by Slung and by you to be bound by this Agreement.
Certain capitalized terms used in this Agreement are defined in Section 14 (Definitions) and others are defined contextually in this Agreement.
The Service provides features and functionality driven by artificial intelligence that analyze the financial performances of real estate properties (“Service”).
3.1. Permitted Use. Subject to the terms and conditions of this Agreement and each Order, Slung will make the Service available to Customer and, if Customer is a company or entity, to Customer’s Users during the Subscription Term. Customer may only use the Service internally.
3.2. Remote App. During the Subscription Term, Slung grants Customer a limited, non-transferable, revocable, non-exclusive, non-sublicensable license for its Users to download Slung’s Remote App onto a Supported Device and use it to access and use the Service. Customer and its Users are responsible for installing all updates that Slung provides or makes available for download to the Remote App.
3.3. Access. To access the Service, Customer and its Users must register for an account (“Account”) and, in doing so, may be required to provide Slung with information such as name, email address, or other contact information. Customer agrees that the information it provides to Slung is accurate, complete, and not misleading and that it will keep it accurate and up to date at all times. Only Users, using the mechanisms designated by Slung (“Log-in Credentials”), may access and use the Service. Each User must keep its Log-in Credentials confidential and not share them with anyone else. Customer is responsible for its Users’ compliance with this Agreement and all actions taken through their Log-in Credentials (excluding misuse of the Log-in Credentials caused by Slung’s breach of this Agreement). Customer will promptly notify Slung if it becomes aware of any compromise of any Log-in Credentials. Slung may Process Log-in Credentials in connection with Slung’s provision of the Service or for Slung’s internal business purposes. Customer represents and warrants to Slung that: (a) it has not previously been suspended or removed from the Service; and (b) its registration and use of the Service is in compliance with all Laws.
3.4. Restrictions. Customer will not (and will not permit its Users or anyone else to) do any of the following: (a) provide access to, distribute, sell, or sublicense the Service to a third party (other than Users); (b) use the Service on behalf of, or to provide any product or service to, third parties; (c) use the Service to develop a similar or competing product or service; (d) reverse engineer, decompile, disassemble, or seek to access the source code or non-public APIs to the Service, except to the extent expressly permitted by Law (and then only with prior notice to Slung); (e) modify or create derivative works of the Service or copy any element of the Service (other than authorized copies of the Remote App); (f) remove or obscure any proprietary notices in the Service; (g) publish benchmarks or performance information about the Service; (h) interfere with the operation of the Service, circumvent any access restrictions, or conduct any security or vulnerability test of the Service; (i) transmit any viruses or other harmful materials to the Service; (j) take any action that risks harm to others or to the security, availability, or integrity of the Service; (k) access or use the Service in a manner that violates any Law; or (l) use the Service with Prohibited Data or for High Risk Activities. Notwithstanding anything else in this Agreement, Slung has no liability for Prohibited Data or use of the Service for High Risk Activities.
3.5. Support. Slung will use commercially reasonable efforts to provide Customer with reasonable support.
3.6. Use of Customer Data. Customer grants Slung the non-exclusive, worldwide, sublicensable right to use, copy, store, disclose, transmit, transfer, publicly display, modify, and create derivative works from Customer Data only as necessary to: (a) provide the Service; (b) derive or generate Usage Data; and (c) as otherwise required by Laws or as agreed to in writing between the parties. If Customer is using a non-paid tier of the Service, Customer also grants Slung the non-exclusive, worldwide, sublicensable right to use, copy, store, disclose, transmit, transfer, publicly display, modify, and create derivative works from Customer Data in order to improve the Service, Slung’s other products and services, and to develop new products and services, including the right to train Slung’s proprietary artificial intelligence algorithms using such Customer Data.
3.7. Privacy Policy. To the extent Personal Data as defined in Slung’s Privacy Policy at https://slung.ai/legal/privacy-policy is uploaded, transmitted, submitted, provided, or processed in connection with Customer’s use of the Service, Slung will comply with the Privacy Policy.
3.8. Usage Data. Slung may Process Usage Data for internal business purposes to: (a) track use of Service for billing purposes; (b) provide support for Service; (c) monitor the performance and stability of the Service; (d) prevent or address technical issues with the Service; (e) to improve Service, its other products and services, and to develop new products and services; and (f) for all other lawful business practices, such as analytics, benchmarking, and reports. Customer will not interfere with the collection of Usage Data.
3.9. Customer Obligations. Customer is responsible for its Customer Data, including its content and accuracy, and will comply with Laws and the Acceptable Use Policy when using the Service. Customer represents and warrants that it has made all disclosures, provided all notices, and has obtained all rights, consents, and permissions necessary for Slung to collect, access, use, disclose, transfer, transmit, store, host, or otherwise process the Customer Data set forth in this Agreement without violating or infringing Laws, third-party rights, or terms or policies that apply to the Customer Data.
3.10. Suspension. Slung may immediately suspend Customer’s and its Users’ access to the Service if: (a) Customer breaches Section 3.4 (Restrictions) or Section 3.9 (Customer Obligations); (b) Customer’s Account is 30 days or more overdue; (c) changes to Laws or new Laws require that Slung suspend the Service or otherwise may impose additional liability on us; or (d) Customer or its Users actions risk harm to any of Slung’s other customers or the security, availability, or integrity of the Service. Where practicable, Slung will use reasonable efforts to provide Customer with prior notice of the suspension. If the issue that led to the suspension is resolved, Slung will use reasonable efforts to restore your access to the Service.
3.11. Modifications to the Service. Slung may modify or discontinue all or any part of the Service at any time (including by limiting or discontinuing certain features or functionality of the Service), temporarily or permanently, without notifying Customer (except that Slung will use commercially reasonable efforts provide Customer with 30 days’ prior notice in the event of any deprecation of any material feature or functionality of the Service). Slung will have no liability for any change or modification to the Service or any suspension or termination of access to or use of the Service as a result thereof. Notwithstanding the foregoing, any such change or modification will only apply on a going-forward basis with respect to any Order entered into or renewed after Slung’s implementation thereof.
3.12. Customer Systems. Customer will provide and maintain any hardware, software, other technology, and infrastructure that Customer require to access and use the Service including any hardware device on which a Remote App can be installed and used as described in current version of Slung’s usage guidelines and standard technical documentation for the Service that Slung makes generally available to Slung’s customers (respectively the “Documentation” and “Supported Devices”).
3.13. Third-Party Services. The Service may permit Customer to interact with providers of Third-Party Services. Use of Third-Party Services are subject to Customer’s agreements with the relevant provider and not this Agreement. Slung does not control and have no liability for Third-Party Services, including their performance, pricing, security, functionality, operation, availability, or interoperability with the Service or how the Third-Party Services or their providers use Customer Data. By enabling a Third-Party Service to interact with the Service, Customer authorizes Slung to access and exchange Customer Data with such Third-Party Service on Customer’s behalf.
4.1. Subscription Term Renewal. The initial Subscription Term for each Order is as specified on the applicable Order (the “Initial Term”). Following the Initial Term, each Subscription Term will automatically renew for successive terms equal in length to the Subscription Term. Customer may cancel the Service through their account portal or emailing Slung at contact@slung.ai. YOUR CANCELLATION MUST BE RECEIVED AT LEAST THIRTY (30) DAYS BEFORE THE EXPIRATION OF THE THEN-CURRENT SUBSCRIPTION TERM IN ORDER TO AVOID BEING CHARGED FOR THE NEXT SUBSCRIPTION PERIOD.
4.2. Fees. Certain tiers of the Service may require Customer to pay fees (“Fees”). All Fees for the Service are described in the applicable Order. All Fees will be paid in US dollars unless otherwise provided in an Order. Fees are invoiced or charged as described in the Order. Unless the Order provides otherwise, all Fees are due within 30 days of the invoice date. Your Account will be charged a service charge of 1.5% per month or the maximum amount allowed by Law, whichever is less and Customer will also be responsible for Fees or charges that are incidental to any chargeback or collection of any the unpaid amount including any collection Fees. All Fees and other expenses are non-refundable. Customer is responsible for any sales, use, GST, value-added, withholding, or similar taxes or levies that apply to Orders, whether domestic or foreign, other than Slung’s income tax (“Taxes”). Fees are exclusive of all Taxes.
4.3. Authorization. You authorize Slung to charge all sums for the orders that you make and any level of Service you select as described in this Agreement or published by Slung, including all applicable Taxes, to the payment method specified in your Account. If you pay any Fees with a credit card, then Slung may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. You agree that Slung may seek pre-authorization of the credit card account Customer provide to Slung for payment prior to any purchase to verify that the credit card is valid and has the necessary funds or credit available to cover such purchase. If your payment method is no longer valid at the time a renewal Fee is due, then Slung reserves the right to delete your Account and any information or Customer Data associated with your Account without any liability to you.
4.4. Pricing. Slung reserves the right to determine pricing for the Service. We will use reasonable efforts to keep pricing information with respect to the Service that is published on Slung’s pricing page available www.slung.ai/pricing/ up to date, and Slung encourages Customers to check it regularly for current pricing information. Unless Slung and Customer otherwise agree in an Order executed by the parties, Slung may change the Fees for the Service (including any feature or functionality of the Service) and Slung will notify Customer of any such changes before they apply. Slung may make promotional offers with different features and different pricing to any of Slung’s other customers. These promotional offers, unless made to Customer, will not apply to your Order or this Agreement.
4.5. Renewal Fees. Fees for renewal Subscription Terms are at Slung’s then-current Fees at the time of such renewal regardless of any discounted pricing in a prior Order or promotional offers previously extended to Customer.
5.1. Limited Warranty. Slung warrants to Customer that the Service will perform materially as described in the Documentation during the Subscription Term (“Limited Warranty”).
5.2. Disclaimer. EXCEPT FOR THE LIMITED WARRANTY IN SECTION 5.1, THE SERVICE IS PROVIDED “AS IS”. SLUNG, ON ITS OWN BEHALF AND ON BEHALF OF ITS SUPPLIERS AND LICENSORS, MAKES NO OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT CUSTOMER’S USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT SLUNG WILL REVIEW CUSTOMER DATA FOR ACCURACY, OR THAT IT WILL MAINTAIN CUSTOMER DATA WITHOUT LOSS. SLUNG IS NOT LIABLE FOR DELAYS, FAILURES, OR PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE SLUNG’S CONTROL. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS, BUT ANY STATUTORILY REQUIRED WARRANTIES WILL BE PERFORMANCE TO THE SHORTEST LEGALLY PERMITTED PERIOD.
5.3. Use of AI; Assumption of Risk. The Service may use artificial intelligence to evaluate Customer Data and provide outputs based on this Customer Data (“Generated Evaluations”). Due to the nature of machine learning, Generated Evaluations may be inaccurate. Slung is not liable for any inaccuracies in Generated Evaluations or any other content generated by the Service. However, Slung encourages Customer to report any inaccurate or misleading Generated Evaluations via email to contact@slung.ai. Customer relies on Generated Evaluations at its sole risk. The Service does not provide any medical, health, safety, legal, financial, tax, accounting, or other professional advice, even if Customer prompts the Service to provide Generated Evaluations falling within any of the foregoing (or any other regulated industries), and ALL GENERATED EVALUATIONS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. Prior to any use of any Generated Evaluations, Customer will make their own determinations as to the safety, efficacy, accuracy, lawfulness, and appropriateness of any Generated Evaluations for any given use. Customer is solely responsible for ensuring that its use of the Service and the operation of Customer’s business, including the use of any Customer Data or Generated Evaluations therein, comply with all applicable laws and policies. Artificial intelligence tools are novel and experimental, and that therefore there is significant uncertainty regarding the operation and output. The Service is provided “as is” and are intended to be used as a tool to assist Customer in its compliance efforts. Slung may, at its discretion, remove any Customer Data or Generated Evaluations from the Service for any reason, including failure to comply with this Agreement.
5.4. Regulatory Uncertainty. Artificial intelligence is subject to many legal and regulatory uncertainties, and the Service could be adversely impacted by one or more regulatory or legal inquiries, actions, suits, investigations, claims, fines or judgments, which could impede or limit Customer’s ability to continue the use and enjoyment of these technologies. Slung may immediately suspend or terminate Customer’s access to or use of the Service without liability to Customer if required by any regulatory authority.
5.5. Warranty Remedy. If Slung breaches a Limited Warranty during the Subscription Term and Customer makes a reasonably detailed warranty claim in the manner required by Slung within 30 days of discovering a breach of the Limited Warranty for the Service, then Slung will use reasonable efforts to correct the non-conformity. If Slung cannot do so within 30 days of receipt of Customer’s warranty claim, either party may terminate the affected Order as it relates to the Service. Slung will then refund to Customer any pre-paid, unused Fees for the terminated portion of the applicable Subscription Term. This Section 5.3 sets forth Customer’s exclusive remedy and Slung’s entire liability for breach of the Limited Warranty. This warranty does not apply to: (a) issues caused by Customer’s or Users’ misuse of or unauthorized modifications to the applicable Service; (b) issues in or caused by Third-Party Services or other third-party systems; (c) use of the applicable Service other than according to the Documentation; or (d) Trials and Betas or other free or evaluation use.
6.1. Term. This Agreement starts on the Effective Date and continues until expiration or termination of all Subscription Terms.
6.2. Termination. Either party may terminate this Agreement (including any or all Orders) if the other party: (a) fails to cure a material breach of this Agreement (including a failure to pay Fees) within 30 days after notice; (b) ceases operation without a successor; or (c) seeks protection under a bankruptcy, receivership, trust deed, creditors’ arrangement, composition, or comparable proceeding, or if such a proceeding is instituted against that party and not dismissed within 60 days. If Customer violates any provision of this Agreement, then your authorization to access the Service and this Agreement automatically terminate. In addition, Slung may, in its sole discretion, terminate this Agreement or Customer’s Account on the Service, or suspend or terminate Customer’s access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to Customer arising from such termination. Customer may terminate your Account and this Agreement at any time by contacting contact@slung.ai.
6.3. Effect of Termination. Upon expiration or termination of an Order, Customer’s access to and Slung’s obligations to provide the Service will cease. During a Subscription Term and for the 30 day period immediately following the date of expiration or earlier termination of the applicable Subscription Term, Customer may export data or information that Customer (including its Users) submits to the Service, including from Third-Party Services from the applicable Service, using the export features described in the applicable Documentation. After that 30 day period, Slung will be under no obligation to store or retain the applicable Customer Data and may delete the applicable Customer Data at any time in its sole discretion. Customer Data and other Confidential Information, as defined in Section 10, may be retained in Recipient’s standard backups notwithstanding any obligation to delete the applicable Confidential Information but will remain subject to this Agreement’s confidentiality restrictions.
6.4. Survival. These Sections survive expiration or termination of this Agreement: 3.4 (Restrictions), 3.8 (Usage Data; Aggregated Data), 3.9 (Customer Obligations), 4.2 (Fees), 4.3 (Authorization), 5.2 (Disclaimer), 6.3 (Effect of Termination), 6.4 (Survival), 7 (Ownership), 8 (Limitations of Liability), 9 (Indemnification), 10 (Confidentiality), 13.1 (General Provisions), 13.2 (Governing Law), 13.3 (Additional Terms), 13.7 (Notice regarding Apple), and 14 (Definitions). Except where an exclusive remedy is provided in this Agreement, exercising a remedy under this Agreement, including termination, does not limit other remedies a party may have.
Neither party grants the other any rights or licenses not expressly set out in this Agreement. Except as expressly provided in this Agreement, as between the parties, Customer retains all intellectual property rights and other rights in Customer Data and Generated Evaluations. Except for Customer’s use rights in this Agreement, Slung and its licensors retain all intellectual property rights and other rights in the Service, Software, Documentation, Usage Data, and Slung’s technology, templates, formats, and dashboards, including any modifications or improvements to these items made by us. If Customer provides Slung with feedback or suggestions regarding the Service or its other offerings, Slung may use the feedback or suggestions without restriction or obligation.
Except for breaches of Sections 3.1 (Permitted Use), 3.4 (Restrictions) and 10 (Confidentiality), neither Slung’s, Customer’s or their respective suppliers or licensors will have liability arising out of or related to this Agreement for any loss of use, lost data, lost profits, failure of security mechanisms, interruption of business, or any indirect, special, incidental, reliance, or consequential damages of any kind, even if informed of their possibility in advance. Except for breaches of Sections 3.1 (Permitted Use), 3.4 (Restrictions) and 10 (Confidentiality) and liability arising out of Section 9 (Indemnification), neither Slung’s, Customer’s or their respective suppliers or licensors liability arising out of or related to this Agreement will exceed in aggregate the amounts paid or payable by Customer to Slung pursuant to this Agreement during the 12 months prior to the date on which the applicable claim giving rise to the liability arose under this Agreement. The waivers and limitations in this Section 8 apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy in this Agreement fails of its essential purpose.
Customer will defend Slung from and against any third-party claim to the extent resulting from Customer Data or Customer’s breach or alleged breach of Section 3.9 (Customer Obligations), and will indemnify and hold Slung harmless against any damages and costs awarded against Slung (including reasonable attorneys’ fees) or agreed in a settlement by Customer resulting from the claim.
10.1. Definition. “Confidential Information” means information disclosed to the receiving party (“Recipient”) under this Agreement that is marked by the disclosing party (“Discloser”) as proprietary or confidential or, if disclosed orally, is designated as proprietary or confidential at the time of disclosure. Our Confidential Information includes the terms and conditions of this Agreement and any technical or performance information about the Service.
10.2. Obligations. As Recipient, each party will: (a) hold Confidential Information in confidence and not disclose it to third parties except as permitted in this Agreement, including Section 3.6 (Use of Customer Data); and (b) only use Confidential Information to fulfill its obligations and exercise its rights in this Agreement. At Discloser’s request, Recipient will delete all Confidential Information, except, in the case where Slung is the Recipient, Slung may retain the Customer’s Confidential Information to the extent required to continue to provide the Services. Recipient may disclose Confidential Information to its employees, agents, contractors, and other representatives having a legitimate need to know, provided it remains responsible for their compliance with this Section 10 and they are bound to confidentiality obligations no less protective than this Section 10.
10.3. Exclusions. These confidentiality obligations do not apply to information that Recipient can document: (a) is or becomes public knowledge through no fault of the receiving party; (b) it rightfully knew or possessed prior to receipt under this Agreement; (c) it rightfully received from a third party without breach of confidentiality obligations; or (d) it independently developed without using Confidential Information.
10.4. Remedies. Unauthorized use or disclosure of Confidential Information may cause substantial harm for which damages alone are an insufficient remedy. Each party may seek appropriate equitable relief, in addition to other available remedies, for breach or threatened breach of this Section 10.
10.5. Required Disclosures. Nothing in this Agreement prohibits either party from making disclosures, including of Customer Data and other Confidential Information, if required by Law, subpoena, or court order, provided (if permitted by Law) it notifies the other party in advance and cooperates in any effort to obtain confidential treatment.
If Customer or its Users receive access to or use of Services or features thereof on a trial basis or as an alpha, beta, or early access offering (“Trials and Betas”), such access to or use is permitted only for Customer’s internal evaluation and testing purposes during the period designated by Slung (not to exceed thirty 30 days unless otherwise agreed upon by the parties in writing). These Trials and Betas will be considered part of the Service and, subject to the remainder of this Section 11, all provisions of this Agreement relating to the Service will apply to these Trials and Betas. Trials and Betas are optional and either party may terminate Trials and Betas at any time for any reason. Trials and Betas may be inoperable, incomplete, or include features that Slung may never release, and their features and performance information are deemed to be Slung’s Confidential Information. Slung may suspend Customer’s and its Users’ access to the Trials and Betas at any time. Customer’s and its Users’ use of Trials and Betas is at their own risk. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, SLUNG PROVIDES NO WARRANTY, INDEMNITY, OR SUPPORT FOR TRIALS AND BETAS, AND OUR LIABILITY FOR TRIALS AND BETAS WILL NOT EXCEED US $50.00.
Slung may modify this Agreement from time to time with notice to Customer. Modifications take effect at Customer’s next Subscription Term or Order unless Slung indicates an earlier effective date. If Slung requires modifications with an earlier effective date and Customer objects, Customer’s exclusive remedy is to terminate this Agreement with notice to Slung, in which case Slung will provide Customer a refund of any pre-paid Fees for the terminated portion of the current Subscription Term. To exercise this termination right, Customer must notify Slung of its objections within 30 days after Slung’s notice of the modified Agreement. Once the modified Agreement takes effect Customer’s continued use of the Service constitutes its acceptance of the modifications. Slung may require Customer to click to accept the modified Agreement.
13.1. General Provisions. This Agreement, including the Privacy Policy and any other agreements expressly incorporated by reference into this Agreement, are the entire and exclusive understanding and agreement between Customer and Slung regarding your use of the Service. Customer may not assign or transfer this Agreement or your rights under this Agreement, in whole or in part, by operation of law or otherwise, without Slung’s prior written consent. Slung may assign this Agreement and all rights granted under this Agreement, including with respect to your Customer Data, at any time without notice or consent. The failure to require performance of any provision will not affect Slung’s right to require performance at any other time after that, nor will a waiver by Slung of any breach or default of this Agreement, or any provision of this Agreement, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in this Agreement is for convenience only and will not have any impact on the interpretation of any provision. Neither party is liable for any delay or failure to perform any obligation under this Agreement (except for a failure to pay Fees) due to events beyond its reasonable control, such as a strike, pandemic, epidemic, health emergency, blockade, war, pandemic, act of terrorism, riot, Internet or utility failures, refusal of government license, or natural disaster. Throughout this Agreement the use of the word “including” means “including but not limited to.” If any part of this Agreement is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
13.2. Governing Law. This Agreement is governed by the laws of the State of California and the United States without regard to conflicts of laws provisions that would result in the application of the laws of another jurisdiction and without regard to the United Nations Convention on the International Sale of Goods. The jurisdiction and venue for actions related to this Agreement will be the state and United States federal courts located in Santa Clara County, California and both parties submit to the personal jurisdiction of those courts.
13.3. Additional Terms. Customer’s use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that Slung may post on or link to from the Service (“Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, this Agreement.
13.4. Consent to Electronic Communications. By using the Service, Customer consents to receiving certain electronic communications from Slung as further described in Slung’s Privacy Policy. Please read Slung’s Privacy Policy to learn more about Slung electronic communications practices. Customer agrees that any notices, agreements, disclosures, or other communications that Slung sends to Customer electronically will satisfy any legal communication requirements, including that those communications be in writing.
13.5. Contact Information. The Service is offered by Slung AI, Inc., located at 12819 SE 38th St, Bellevue, WA 98006. Customer may contact Slung by sending correspondence to that address or by emailing Slung at contact@slung.ai.
13.6. Notice to California Residents. If Customer are a California resident, then under California Civil Code Section 1789.3, Customer may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
13.7. Notice Regarding Apple. This Section 13.7 (Notice Regarding Apple) only applies to the extent Customer are using Slung’s mobile application on an iOS device. Customer acknowledges that this Agreement are between Customer and Slung only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content of it. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, Customer may notify Apple, and Apple will refund any applicable purchase price for the mobile application to Customer. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by Customer or any third party relating to the Service or Customer possession and/or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service and/or Customer’s possession and use of the Service infringe a third party’s intellectual property rights. Customer agrees to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against Customer as a third-party beneficiary of this Agreement. Customer hereby represent and warrant that: (i) Customer are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) Customer are not listed on any U.S. Government list of prohibited or restricted parties.
“Customer Data” means any financial statements, portfolio information, or other data or information that: (a) Customer (including its Users) submits to the Service, including from Third-Party Services; and (b) is collected, accessed, used, disclosed, transferred, transmitted, stored, hosted, or otherwise processed by Slung to provide the Service to Customer.
“Customer Systems” means Customer’s hardware, software, other technology, and infrastructure that Customer is required to provide and maintain in order for Customer to access and use the Service including Supported Devices.
“High Risk Activities” means activities where use or failure of the Service could lead to death, personal injury, or environmental damage, including life support systems, emergency services, nuclear facilities, autonomous vehicles, or air traffic control.
“Laws” means all applicable relevant local, state, federal and international laws, regulations and conventions, including those related to data privacy and data transfer, international communications, and export of data, including Customer Personal Data and Customer Personal Information.
“Order” means an online order that is placed by Customer through the online order flow Slung provides.
“Privacy Policy” means the Privacy Policy https://slung.ai/legal/privacy-policy.
“Process” means to collect, access, use, disclose, transfer, transmit, store, host, or otherwise process.
“Prohibited Data” means any: (a) special categories of data enumerated in European Union Regulation 2016/679, Article 9(1) or any successor legislation; (b) patient, medical, or other protected health information regulated by the Health Insurance Portability and Accountability Act (as amended and supplemented); (c) credit, debit, or other payment card data subject to the Payment Card Industry Data Security Standards; (d) other information subject to regulation or protection under specific Laws such as the Children’s Online Privacy Protection Act or Gramm-Leach-Bliley Act (or related rules or regulations); (e) social security numbers, driver’s license numbers, or other government ID numbers; or (f) any data similar to the above protected Laws.
“Remote App” means Slung’s proprietary Software installed on supported remote devices as described in the Documentation through which Users can access and use the Service.
“Software” means any software, scripts, or other code required by Slung to operate the Service including a Remote App.
“Subscription Term” means the period during which Customer’s subscription to access and use the Service is in effect, as identified in the applicable Order.
“Third-Party Service” means any third-party platform, add-on, service, or product not provided by Slung that Customer interacts with or purchases through the Service or elects to integrate or enable for use with the Service.
“Usage Data” means information generated from the use of the Service, which data does not identify Users, any other natural human persons, or Customer, such as technical logs, data, and learnings about Customer’s use of the Service, but excluding any identifiable Customer Data.
“User” means any employee or contractor of Customer that Customer allows to use the Service on Customer’s behalf.