Terms of Use

These Terms of Use (“Terms”) govern your access to and use of the Serenn.ai website, mobile applications, and related services (collectively, the “Service”), operated by Serenn.ai (“Serenn,” “we,” “us,” or “our”).

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

1. Who Serenn Is and What the Service Does

Serenn is a user-generated content platform for tradespeople. Users may upload photos/videos and information about equipment, fixtures, systems, or other “units” they work on (including units located in homes or other properties). In return, Serenn may award points or other benefits under a points program.

Serenn's business may include creating, licensing, and selling datasets, analytics, reports, and other products derived from content and data collected through the Service.

2. Eligibility

You must be at least 18 years old (or the age of majority where you live) to use the Service. By using the Service, you represent and warrant that you meet this requirement.

3. Accounts and Security

You may need an account to access certain features. You agree to:

• Provide accurate and complete information.
• Maintain the security of your credentials.
• Promptly notify us of unauthorized access to your account.

You are responsible for all activity that occurs under your account.

4. Points Program

Serenn may provide points for certain actions, including uploading content.

Unless explicitly stated otherwise by Serenn in writing:

• Points have no cash value, are not currency, and are not property.
• Points may not be transferred, sold, or exchanged outside the Service.
• Serenn may change, suspend, or terminate the points program at any time, including point values, earning rates, eligibility rules, or redemption rules.
• Serenn may withhold, reduce, or revoke points (including for suspected fraud, abuse, or violations of these Terms).

You are responsible for any taxes (if any) associated with your receipt or use of points.

5. User Content and Your Responsibilities

5.1 “User Content”

“User Content” includes photos, images, text, comments, unit details (e.g., manufacturer, model, serial number), metadata (including location/time information that may be embedded in photos), profile info, and any other information you upload or submit.

5.2 You Are Responsible for What You Upload

You are solely responsible for your User Content and the consequences of posting it. You represent and warrant that:

• You own or have all necessary rights, permissions, and consents to upload and share the User Content.
• Your User Content does not violate any law, contract, duty, or third-party right (including privacy, publicity, intellectual property, or property rights).
• If the content relates to a household, property, or customer site, you have obtained all necessary permissions from the owner/occupant/customer and/or your employer/contracting party, as applicable.

5.3 Do Not Upload Sensitive or Inappropriate Content

You agree not to upload User Content that includes or depicts:

• Nudity or sexual content; pornography; minors in sexual contexts.
• Hate speech, harassment, threats, or incitement.
• Illegal activity or instructions facilitating illegal conduct.
• Excessive violence or graphic content.
• You must not include personal data that can identify an individual. This includes, but is not limited to: faces, phone numbers, email addresses, license plates, mail/packages, identification documents, and financial information. This type of data is prohibited unless you have obtained explicit authorization and its inclusion is strictly necessary.
• Content that invades privacy (e.g., photographing private areas or personal belongings in a home without permission).
• Anything otherwise unlawful, harmful, or objectionable.

6. Content Moderation, Removal, and Account Enforcement

6.1 Removal for Inappropriate Content and Blocking Accounts

We may, in our sole discretion, remove or restrict access to User Content that we believe is inappropriate, violates these Terms, violates our policies, or poses risk to Serenn or others. We may also suspend or terminate your account for such content or conduct.

6.2 Removal for Any Reason

Regardless of whether content violates these Terms, Serenn may remove, disable, or restrict any User Content at any time, for any reason or no reason, with or without notice, in our sole discretion.

6.3 No Obligation to Host or Preserve Content

We do not guarantee that User Content will be available, stored, or retrievable. We may delete or remove content at any time.

7. License You Grant to Serenn

To operate and commercialize the Service, you grant Serenn a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to:

• host, store, copy, reproduce, modify, adapt, translate, publish, publicly display, and distribute your User Content;
• create derivative works from your User Content;
• extract, analyze, label, annotate, and process your User Content (including using automated tools, AI/ML, and computer vision);
• create and commercialize data products (including aggregated, anonymized, or identifiable datasets) derived from your User Content and your activity on the Service;
• sell, license, or otherwise share your User Content and derived data to third parties.

This license survives termination of your account and these Terms.

8. No Responsibility for What You or Others Upload

Serenn does not control and is not responsible for User Content. You understand and agree that:

• You (not Serenn) are responsible for any personal information, private information, or household/property information included in User Content you upload.
• Serenn is not responsible for any claims, damages, disputes, or liability arising from your capture, upload, sharing, or use of household/property content, including claims by homeowners/occupants/customers.

You agree to indemnify Serenn as described in Section 15.

9. Third-Party Services and Links

The Service may integrate with or link to third-party services. Serenn does not control third parties and is not responsible for their services, policies, or practices.

10. Credentials, Profiles, and Social Features

Serenn may allow you to build a profile, display trade credentials, connect with other tradespeople, or participate in social features. You acknowledge:

• Serenn may or may not verify credentials.
• Serenn does not guarantee the accuracy of user-provided credentials or endorsements.
• You are responsible for what you post and share.

11. Feedback

If you provide suggestions or feedback, you grant Serenn a perpetual, irrevocable, royalty-free right to use it without compensation or attribution.

12. Intellectual Property

Serenn and its licensors own the Service, including software, designs, trademarks, and other content (excluding User Content). You may not copy, modify, distribute, sell, or lease any part of the Service except as permitted by law or by Serenn in writing.

13. Termination

Serenn may suspend or terminate your account or access to the Service at any time, for any reason or no reason, with or without notice.

You may stop using the Service at any time.

14. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, SERENN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Serenn does not warrant that the Service will be uninterrupted, secure, or error-free.

15. Indemnification

You agree to defend, indemnify, and hold harmless Serenn and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including attorneys' fees) arising out of or related to:

• your User Content;
• your use of the Service;
• your violation of these Terms;
• your violation of any third-party right (including privacy, publicity, intellectual property, or property rights);
• any dispute between you and a homeowner/occupant/customer/employer/other third party regarding content captured or uploaded.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SERENN WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SERENN'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID SERENN (IF ANY) IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

17. Dispute Resolution; Arbitration

17.1 Mandatory Informal Dispute Resolution

Prior to initiating any formal legal proceeding, including arbitration, the party asserting a claim must first send a written notice of dispute to the other party, describing the nature and basis of the claim or dispute and the relief sought (a “Notice”). All Notices to the Company must be sent to: info@serenn.ai. All Notices to you will be sent to the email address associated with your account. Upon receipt of a Notice, the parties agree to attempt, in good faith, to resolve the claim or dispute informally through negotiation for a period of at least sixty (60) days from the date the Notice is received. The sixty (60) day period is a mandatory prerequisite to initiating any arbitration or court action.

17.2 Agreement to Binding Arbitration

IF THE DISPUTE IS NOT RESOLVED THROUGH INFORMAL NEGOTIATION PURSUANT TO SECTION 17.1, YOU AND THE COMPANY AGREE TO RESOLVE ALL CLAIMS AND DISPUTES (EXCEPT THOSE EXPRESSLY EXCLUDED BELOW) THROUGH BINDING ARBITRATION, INSTEAD OF IN COURTS OF GENERAL JURISDICTION.

Arbitration is a process where disputes are resolved by a neutral arbitrator, rather than a judge or jury, and is subject to very limited review by courts. This agreement to arbitrate is intended to be broadly interpreted.

17.3 Exclusions from Arbitration

Notwithstanding the agreement to arbitrate, nothing in this Section 17 shall be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) file suit in a court of law to address intellectual property infringement claims (e.g., patent, copyright, trademark, and trade secret claims).

17.4 Arbitration Rules and Procedure

The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and fees are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single, neutral arbitrator.

17.5 Class Action Waiver

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Unless both you and the Company 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. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If this specific Class Action Waiver is found to be unenforceable, then the entirety of this Section 17 (Dispute Resolution; Arbitration) shall be null and void.

17.6 Choice of Venue and Governing Law

The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted using an online/virtual arbitration or hearing platform provided by the AAA or otherwise approved/designated by the AAA, unless the arbitrator determines that an in-person hearing is necessary or required under the applicable AAA rules (“AAA Rules”). If the claim is for ten thousand dollars ($10,000) or less, you may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator, (ii) through a non-appearance telephonic or virtual hearing, or (iii) by an in-person hearing, in each case as permitted by the AAA Rules.

These Terms and the relationship between you and the Company will be governed by the laws of the State of Delaware, without regard to its conflict of laws provisions. The parties further agree that this arbitration provision specifically references and is intended to be governed by the Delaware Uniform Arbitration Act, 10 Del. C. § 5701 et seq.

17.7 Severability

If any part of this Section 17 is found to be unenforceable, the remainder of this Section 17 shall remain in full force and effect, except as explicitly provided in Section 17.5 (Class Action Waiver).

18. Changes to These Terms

We may update these Terms from time to time. Continued use of the Service after changes become effective constitutes acceptance.

19. Contact

Serenn.ai
Email: info@serenn.ai