You may access and use the Services only in accordance with all applicable laws and these Terms. Any right, permission, or license to use the Services, including any Data, terminates automatically if your access or use violates applicable law or these Terms. Company may, in its sole discretion and without notice or any further obligation to you, temporarily suspend or permanently discontinue your access to or use of the Services, including any purchased Data, for any reason, including the reasons specified in these Terms. For the purposes of these Terms, "Data" means any content or other materials available for purchase or made available without payment, as applicable, on the Site, including, for example, 'The Real Feel Weekly Report'.

You may not access or use, or attempt to access or use, the Services to take any action that could harm us or a third party. You may not use the Services for any purpose that is illegal, to engage in fraud, in violation of applicable laws, or in violation of our or any third party's intellectual property or other proprietary or legal rights. You agree that you will not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Services or any Data or make any unauthorized use of the Services. You are prohibited from, and agree not to, (a) access any part of the Services, Data, content or information you do not have permission or authorization to access; (b) use robots, spiders, scripts, service, software or any manual or automatic device, tool, or process designed to data mine or scrape the Data, content or information from the Services, or otherwise use, access, or collect the Data, content or information from the Services using automated means; (c) use the Data for the development of any software program, including, but not limited to, training a machine learning or artificial intelligence (AI) system; (d) use services, software or any manual or automatic device, tool, or process designed to circumvent any restriction, condition, or technological measure that controls access to the Services in any way, including overriding any security feature or bypassing or circumventing any access controls or use limits of the Services; (e) cache or archive the Data (except for a public search engine's use of spiders for creating search indices); (g) take action that imposes an unreasonable or disproportionately large load on our network or infrastructure; and (h) do anything that could disable, damage or change the functioning or appearance of the Services, including the presentation of advertising. Engaging in a prohibited use of the Services may result in civil, criminal, and/or administrative penalties, fines, or sanctions against the user and those assisting the user.

Account: Each business user and member of The Real Feel must register for an account to access our Services and Data. When you register for an account, you must provide the requested information based on whether you are registering as a business user or a member. All such information must be accurate, and you must promptly update this information if it changes. Failure to do so may result in your inability to access the Data or your Subscription. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account.

Individual Purchases: When you purchase any Data, including a 'The Real Feel Weekly Report', on a per report basis you expressly authorize The Real Feel (or our third-party payment provider) to charge you for the applicable fee set forth on the Site.

Subscription Purchases: We may offer access to certain Data or other Services on a subscription basis for a recurring fee and for access during a specific period of time, including monthly and annual subscription periods ("Subscription"), as further described or disclosed to you when you purchase a Subscription on the Site.

When you purchase a Subscription, you expressly authorize The Real Feel (or our third-party payment processor) to charge you for the Subscription fee on a recurring basis during the Subscription period as set forth on the Site. For example, if you sign up for a monthly Subscription on May 1, you will be charged the Subscription fee on the first day of every month. You acknowledge, understand, and agree that your Subscription is continuous until you cancel it.

You may cancel or modify your Subscription at any time within your The Real Feel account or by emailing us at hello@therealfeel.ai. Any cancellation or modification will apply to the following Subscription period, and your Subscription and access to any associated services will continue until the start of the following Subscription period. You will not receive a refund for the current Subscription period, nor will fees be prorated. For example, if you have a monthly Subscription that renews on the first of each month and you cancel on July 15, your cancellation will become effective August 1. Until August 1, you will retain your access to the Data or Services. You will not receive a refund or proration of the Subscription fees for the remainder of the month of July.

If the price of your Subscription changes, we will notify you at least ten (10) days in advance of the next billing date. If you do not want to pay the new Subscription fee, you must cancel your Subscription in accordance with these Terms.

Thank you for your interest in helping The Real Feel drive the first real time sentiment platform by participating in surveys presented to you from time to time by The Real Feel. Your participation is voluntary, and you are not required to complete any survey that is presented to you by us.

Rewards: Upon completing a survey, you may be entitled to receive a free copy of the then current 'The Real Feel Weekly Report' or other rewards or payment ("Reward"), as determined by us. We will advise you at the time of presenting you with a survey if completion entitles you to a Reward.

Independent Party: Nothing in these Terms or your participation in completing surveys for us will be construed to make you an employee, agent, partner or in a joint venture with The Real Feel. You will not be entitled to any employment-related benefits, and you are solely responsible for all taxes on the Rewards you receive from us.

Survey User Data: As part of completing a survey, you may include information, data, content, messages, text, photos, videos or other items or materials (collectively, "Survey User Data"). You are solely responsible for your Survey User Data. Your participation in any provided survey, and use of the Survey User Data, is at your own risk.

You represent and warrant that (a) you own and control all of the rights to the Survey User Data that you provide to The Real Feel or you otherwise have the right to provide such Survey User Data to The Real Feel; (b) the Survey User Data is accurate and not misleading; and (c) the use and posting of the Survey User Data you supply to us does not violate these Terms and will not violate any rights of or cause injury to any person or entity.

Although The Real Feel has no obligation to screen, edit or monitor Survey User Data, The Real Feel reserves the right to, and may in its sole discretion, remove or modify any Survey User Data at any time, for any reason and without notice.

Assignment of Survey User Data: In consideration of your use of the Services and/or our provision of a Reward to you, you hereby assign and transfer all right, title and interest in the Survey User Data, including all intellectual property rights in such Survey User Data, to The Real Feel. You agree to take any actions reasonably requested by The Real Feel (at The Real Feel's expense) to perfect, enforce or defend such assigned rights. Consistent with such assignment, The Real Feel shall be entitled to the unrestricted use and sharing of Survey User Data for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Individual License. If you purchase Data or are granted Data as a Reward, you are hereby granted a limited, non-exclusive, and non-sublicensable right to access and use the Data for your own non-commercial use; however, such license is subject to these Terms and does not include: (a) any resale or commercial use of the Services or the Data; (b) the distribution, transmission, translation, public performance or public display of any Data; (c) modifying or otherwise making any derivative uses of the Services or Data, or any portion thereof, unless modification or derivative use is specifically provided for under separate terms; (d) downloading of any portion of the Services, the Data or any information contained therein, except as expressly permitted on the Services; or (e) any use of the Services or the Data other than for their intended purposes. You shall maintain all copyright and other notices contained in the Data and other downloadable items.

Organization License. If you purchase Data on behalf of an organization, you are hereby granted a limited, non-exclusive, and non-sublicensable right to access and use the Data for such organization's own internal business purpose; provided that such right to access and use the Data is further restricted to the internal business objectives of the functional department within the organization. For example, if an employee of the organization's Marketing team purchased Data from the Site, such Data can solely be used within the Marketing team to support the marketing activities of the organization. If, under this same example, the organization's Human Resources team wanted access to the Data, they are prohibited from using the Data from the Marketing team and instead must purchase Data for use within the Human Resources team. In all cases, you shall maintain all copyright and other notices contained in the Data or other downloadable items.

Unless otherwise indicated, the Services and all Data and other materials on the Services, are the proprietary property of The Real Feel or our licensors and are protected by copyrights, trademarks, patents, trade secrets, database rights, sui generis rights and other intellectual or proprietary rights in or to the Services and Data pursuant to U.S. and international laws. All trademarks, logos, and service marks displayed on the Services, Site, or Data ("Marks") are The Real Feel's property or the property of third parties. You are not permitted to use such Marks without our prior written consent or the prior written consent of the applicable third party.

The Real Feel may provide third party content on the Services and may provide links to websites and content of third parties. The Real Feel makes no claim or representation or warranty regarding any third party website, or the content, products or services made available therein. We are not responsible for the availability, reliability, accuracy, suitability, nature of, or any other characteristic of any third-party website, or the products, or services made available by any third party, in each case described or accessible via hyperlink or websites linked to or from the Services. Such websites, and any content, products and services offered therein, are not under the control of The Real Feel. The inclusion of any link does not imply affiliation, endorsement or adoption by The Real Feel of any website or any information contained therein. The Real Feel does not endorse, sponsor, recommend or otherwise accept responsibility for any such third party website, content, product or service, including, without limitation, embedded content or the content of any linked website or any link contained in a linked website, or any review, changes or updates to such sites. When you leave the Services, you should be aware that our terms and policies no longer govern, and the policies of those third party websites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.

You agree to defend, indemnify and hold harmless The Real Feel, our independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your use of the Services; (b) any Survey User Data you provide; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Services.

THE SERVICES, DATA, AND ANY DOWNLOADABLE REPORTS ARE PROVIDED ON AN "AS IS" BASIS, WITH ALL FAULTS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE REAL FEEL DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING THE DATA CONTAINED THEREIN. THE REAL FEEL DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR THAT THE REAL FEEL MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE THE REAL FEEL ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, THE REAL FEEL CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR OUR DATA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. WE DO NOT GUARANTEE THE ACCURACY OF ANY SURVEYS, ADVICE, REVIEW, RECOMMENDATION OR OPINIONS PROVIDED THROUGH THE SERVICES ("RECOMMENDATIONS"). YOU ARE SOLELY RESPONSIBLE FOR THE USE OF, OR RELIANCE ON, SUCH RECOMMENDATIONS.

IN NO EVENT SHALL THE REAL FEEL, OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES OR DATA, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED THROUGH THE SERVICES (INCLUDING ANY INFORMATION CONTAINED IN DATA OR REPORTS), OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE REAL FEEL'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE REAL FEEL, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES OR TO THESE TERMS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO THE REAL FEEL FOR ACCESS TO OR USE OF THE SERVICES OR FOR ANY DATA OR REPORTS. SOME JURISDICTIONS DO NOT ALLOW LIMITATION ON LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU WHEN USING THE SERVICES FOR INDIVIDUAL USE.

The Real Feel reserves the right to modify or discontinue, temporarily or permanently, the Services, or any features or portions thereof, without prior notice. You agree that The Real Feel will not be liable for any modification, suspension or discontinuance of the Services, or any part thereof.

Please read the following section carefully because it requires you to arbitrate disputes and claims with The Real Feel and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial. This Section does not apply to Business Use.

Dispute Resolution. For any dispute or claim that you have against The Real Feel or relating in any way to the Services (including any Data or Reports), you agree to first contact The Real Feel and attempt to resolve the claim informally by sending a written notice of your claim ("Notice") to The Real Feel by email at hello@therealfeel.ai or by certified mail addressed to 212 E. 47th Street, New York, NY 10017. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. You agree that this dispute resolution process must be followed prior to you initiating any arbitration or filing a claim against The Real Feel.

No Representative Actions. You and The Real Feel agree that any dispute arising out of or related to these Terms or our Services is personal to you and The Real Free and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

Except for small claims disputes in which you or The Real Feel seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or The Real Feel seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property (such as trademarks, copyrights, or trade secrets), you and The Real Feel waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court.

Arbitration of Disputes. If you and The Real Feel cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, both parties agree that any unresolved controversy or claim arising out of or relating to these Terms, or the breach thereof, or the Services shall be settled by binding bilateral arbitration administered by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules ("AAA Rules"), except as modified by this Section 11. You hereby consent to the Mass Arbitration Supplementary Rules where applicable, and, where applicable, the Mass Arbitration Supplementary Rules shall be included in the defined term "AAA Rules." The most recent version of the AAA rules is available at www.adr.org and is hereby incorporated by reference. All disputes submitted to AAA will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in New York City, New York or if your claim does not exceed $10,000 then the arbitration will be conducted solely on the basis of the documents you and The Real Feel submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. You either acknowledge and agree that you have read and understand the AAA Rules or waive your opportunity to read the AAA Rules and waive any claim that the AAA Rules are unfair or should not apply for any reason.

Batch Arbitration. To promote efficient handling of arbitration claims, if twenty-five (25) or more substantially similar claims are filed against The Real Feel within reasonably close temporal proximity, by or with the help of an entity or coordinated group of entities, whether or not such claims are filed simultaneously, the AAA will promptly take steps to administer the claims in batches of twenty-five (25) (plus a final batch consisting of any remaining claims). Each batch will be considered as a single consolidated arbitration and be appointed one arbitrator and with one set of filing and administrative fees per side, one procedural calendar, one hearing (if any), and one final award. The arbitrator will take other steps as necessary for a speedy and efficient resolution of the claims. Claims are of a "substantially similar nature" if they arise out of or relate to the same event or facts, raise similar legal issues and/or causes of action, and seek similar relief. If we disagree on whether this batch arbitration process applies, the AAA will appoint an arbitrator to decide that issue, whose fees will be paid by The Real Feel and who may prescribe procedures needed to resolve the disagreement. This batch arbitration process does not authorize a class, collective, consolidated, joint, or mass arbitration or action other than as may be set forth in this Section 11.

You and the Real Feel agree that these Terms affect interstate commerce, and that the enforceability of this Section 11 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the AAA Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.

The arbitrator, The Real Feel, and you will maintain the confidentiality of any arbitration proceedings, judgments, and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

You and The Real Feel agree that for any arbitration you initiate, you will pay the filing fee and The Real Feel will pay the remaining AAA fees and costs. For any arbitration initiated by The Real Feel, The Real Feel will pay all AAA fees and costs. However, if the arbitrator decides that either the substance of either party's claim or the remedy either party asked for is frivolous or was brought for an improper purpose, such party will be responsible for all filing, administrative, and arbitrator fees and the other party's attorneys' fees. You and The Real Feel agree that the state or federal courts of the State of New York and the United States sitting in New York County, New York have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and The Real Feel will not have the right to assert the claim.

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 11 by sending an email to hello@therealfeel.ai. To be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 12.

If any portion of this Section 11 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 11 or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 11; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 11 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 11 will be enforceable.

Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of the State of New York, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. By using the Services, you explicitly consent to any and all claims between you and The Real Deal being subject to the substantive laws of the State of New York, notwithstanding the venue in which a claim is brought, your place of residence and/or your physical location at the time you used the Services. Any dispute between the parties that is not subject to arbitration will be resolved in the state or federal courts of The State of New York and the United States, respectively, sitting in New York County, New York.

These Terms constitute the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without The Real Feel's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The Real Feel may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

When you leave the Services, you should be aware that our terms and policies no longer govern, and the policies of those third party websites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.