Effective Date: [INSERT DATE] Last Updated: April 22, 2026 Version: 1.0 Governing Law: Texas, USA Contact: legal@ishir.com
Legal Agreement

Terms of Use

Please read carefully. By registering or using the ISHIR AI Maturity Assessment, you agree to these terms in their entirety.

Governing Law Texas, USA
Disputes Arbitration
AI Output Advisory Only
Age Requirement 18+ / B2B Only
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Draft Document. These Terms of Use require review and approval by qualified legal counsel licensed in Texas before publication. All bracketed items must be confirmed and completed. This document does not constitute legal advice.
Agreement to These Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you — either as an individual or on behalf of the organization you represent — and ISHIR INC. ("ISHIR," "we," "us," or "our") regarding your use of the AI Maturity Assessment platform at https://assessment.ishir.ai (the "Platform").

BY CREATING AN ACCOUNT, CLICKING "I AGREE," OR USING THE PLATFORM IN ANY WAY, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS IN THEIR ENTIRETY. If you do not agree, you must not access or use the Platform.

If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" refers to that entity.

These Terms should be read together with our Privacy Notice, which is incorporated herein by reference.

01

About the Platform

The Assessment Platform is a B2B advisory tool. It is not a professional audit, certification, regulatory filing, or guarantee of any kind.

The ISHIR AI Maturity Assessment Platform is a business-to-business (B2B) digital tool designed to help organizational decision-makers evaluate their company's current artificial intelligence maturity across five domains: Data & AI Readiness, Cybersecurity & AI Policies, Strategy & Skills, Technical Audit & Gaps, and Services Fit.

The Platform collects your responses to a structured 40-question assessment and uses automated scoring logic and AI-assisted analysis to generate an AI Maturity Profile, including a maturity tier classification, gap analysis, and personalized recommendations. Upon request, we may also provide an Action Report and/or an executive presentation summarizing your results.

The Platform is operated by ISHIR INC., a Texas corporation headquartered at 2001 Ross Ave Suite #700-140, Dallas, TX 75201. The Platform is one product within ISHIR's broader portfolio of AI advisory and implementation services.

02

Eligibility and Authority to Use the Platform

You must be 18 or older and, if completing the assessment on behalf of an organization, you must be authorized to submit that organization's information.

Age Requirement

You must be at least 18 years old to use the Platform. By using the Platform, you represent and warrant that you are at least 18 years of age. We do not knowingly permit anyone under 18 to use the Platform.

Business Use Only

The Platform is designed exclusively for business professionals evaluating their organization's AI maturity. It is not a consumer product. You represent that you are using the Platform in your professional capacity, and not for personal, household, or family purposes.

Organizational Authority — Critical Representation

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You Must Be Authorized to Submit Your Organization's Data

The assessment asks for information about your organization's internal AI practices, cybersecurity posture, technical infrastructure, and strategic capabilities. By submitting this information, you represent and warrant that: (a) you are authorized by your organization to disclose this information to ISHIR; (b) your submission does not violate any confidentiality agreement, employment policy, or legal obligation you owe to your organization or any third party; and (c) your organization has consented, explicitly or implicitly through your authority, to the use of this information as described in these Terms and our Privacy Notice.

Geographic Availability

The Platform is available globally. However, you are solely responsible for ensuring that your use of the Platform complies with all laws applicable in your jurisdiction, including any restrictions on data transfer or AI tool usage. ISHIR makes no representation that the Platform is appropriate or available for use in all countries.

03

Account Registration and Security

You are responsible for your account credentials and all activity under your account.

Creating an Account

To access the full functionality of the Platform, including saving your assessment progress and downloading results, you must register for an account by providing a valid business email address, your name, job title, and company name, and creating a password. You agree to provide accurate, current, and complete registration information and to update it promptly if it changes.

Account Security

  • You are solely responsible for maintaining the confidentiality of your account credentials
  • You must not share your login credentials with any other person
  • You must not use another person's account without authorization
  • You agree to notify us immediately at legal@ishir.com if you suspect any unauthorized use of your account or any security breach
  • You agree to log out of your account after each session if accessing from a shared device

ISHIR will not be liable for any loss or damage arising from your failure to comply with these security obligations. You are responsible for all activities that occur under your account, whether or not authorized by you.

One Account Per User

Each individual user may maintain only one account on the Platform. Creating multiple accounts to circumvent restrictions, exploit the free tier, or misrepresent assessment results is prohibited and may result in immediate termination of all associated accounts.

Account Termination by You

You may close your account at any time by contacting us at legal@ishir.com. Upon closure, your account data will be retained and deleted in accordance with our Privacy Notice retention schedules. Closure does not automatically delete assessment responses already processed, which may be retained in anonymized form for benchmarking as described in Section 7.

04

Description of the Assessment Service

We provide a free-to-use AI maturity scoring platform. ISHIR reserves the right to change, limit, or discontinue any feature at any time.

What the Platform Provides

The Platform currently provides the following features at no charge to registered users:

  • A 40-question structured assessment across five AI maturity domains
  • An automated AI Maturity Score and tier classification (AI Shy, AI Curious, AI Enabled, or AI Native)
  • A personalized gap analysis and recommendation summary displayed after assessment completion
  • Secure storage of your assessment responses and results in your account for future reference
  • Optional additional outputs — including an Action Report and executive presentation deck — provided by ISHIR on request and subject to availability

Free Access — No Guarantee of Continued Availability

Access to the Platform is currently provided free of charge. ISHIR reserves the right, in its sole discretion, to: introduce paid tiers or fees for any feature; limit the number of assessments a user or organization may complete; modify, restrict, suspend, or discontinue any feature or the Platform as a whole; or require additional information or verification before delivering certain outputs.

Optional Advisory Services

Following your assessment, ISHIR may offer — at its discretion and subject to a separate engagement agreement — advisory, consulting, implementation, or staffing services. Any such services are governed by a separate written agreement between you and ISHIR. These Terms do not create any obligation on ISHIR to provide, or on you to purchase, any such services.

05 ⚠

AI-Generated Output — Disclaimer and Limitations

This is the most important section of these Terms. The AI Maturity Score is advisory information only — not a professional audit, certification, or guarantee. Do not make significant business decisions based solely on the score.

Read This Before You Begin the Assessment

The AI Maturity Score, tier classification, gap analysis, and recommendations generated by the Platform (collectively, "Assessment Outputs") are produced by automated scoring logic and AI-assisted analysis of your self-reported responses. They are informational and advisory in nature only.

Assessment Outputs do not constitute and must not be relied upon as: a professional audit, assessment, or certification; legal, financial, regulatory, cybersecurity, or IT consulting advice; a representation by ISHIR about your organization's actual AI readiness, compliance status, or security posture; or a guarantee, warranty, or binding representation of any kind about your organization's capabilities or gaps.

ISHIR expressly disclaims all liability for decisions made or actions taken in reliance on Assessment Outputs. Before making material business decisions relating to your AI strategy, cybersecurity posture, technology investments, or regulatory compliance, you should consult qualified professional advisors.

Nature of the Scoring Methodology

The scoring methodology is based on ISHIR's proprietary analytical framework and reflects ISHIR's professional judgment about AI maturity indicators as of the date the methodology was last updated. The methodology:

  • Is based entirely on your self-reported answers — ISHIR does not independently verify any response
  • May not reflect the specific circumstances, industry context, or regulatory requirements of your organization
  • Reflects a point-in-time snapshot; your AI maturity posture may change faster than the assessment captures
  • Is subject to the inherent limitations of AI-assisted analysis, including the possibility of errors, hallucinations, or outputs that do not accurately reflect your situation
  • Has not been validated or endorsed by any regulatory body, standards organization, or government authority

Accuracy of Responses

The quality and accuracy of Assessment Outputs depends entirely on the accuracy and completeness of your responses. You are solely responsible for ensuring that your answers truthfully reflect your organization's actual practices and circumstances. ISHIR is not responsible for inaccurate outputs caused by inaccurate, incomplete, or misleading responses.

No Professional-Client Relationship

Use of the Platform does not create a consulting, advisory, attorney-client, fiduciary, or other professional-client relationship between you and ISHIR. Receiving an Action Report or executive deck does not constitute a professional engagement. If you require formal advisory services, please contact us to discuss a separate engagement under a written services agreement.

Human Review of Reports

Human Review Commitment

All Action Reports and executive decks delivered by ISHIR are reviewed by a qualified ISHIR advisor before delivery. The automated score and on-screen gap analysis are generated programmatically and are not individually reviewed before display. You may request human review of any Assessment Output by contacting legal@ishir.com.

Errors and Corrections

If you believe your Assessment Output contains an error — whether due to a misunderstood question, a response submitted in error, or an apparent error in the scoring logic — you may contact us at legal@ishir.com to request a review and, where appropriate, a corrected output. ISHIR will review such requests in good faith but is not obligated to issue revised outputs in all cases.

06

Intellectual Property Rights

ISHIR owns the Platform, methodology, and generated reports. You own your raw responses. ISHIR has a license to use anonymized response data for benchmarking.

ISHIR's Intellectual Property

The Platform — including its software, design, user interface, question framework, scoring methodology, algorithms, AI models, visual design, brand elements, and all content we generate ("ISHIR IP") — is owned exclusively by ISHIR INC. and is protected by United States copyright, trademark, trade secret, and other intellectual property laws, as well as applicable international laws.

ISHIR grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your own internal business purposes in accordance with these Terms. This license does not include any right to:

  • Copy, reproduce, modify, or create derivative works of any ISHIR IP
  • Reverse engineer, decompile, or disassemble the Platform or its scoring methodology
  • Sublicense, sell, rent, or transfer your access rights to any third party
  • Remove or obscure any proprietary notices or labels on the Platform
  • Use ISHIR's brand, logo, or trademarks without prior written consent

Your Assessment Responses

You retain all rights in the raw factual information you submit in your assessment responses (your answers to the 40 questions). You grant ISHIR a worldwide, royalty-free, perpetual license to use, process, store, and analyze your responses for the purposes of: delivering your Assessment Outputs; improving the Platform and methodology; and generating aggregated, anonymized benchmarking data as described in Section 7 below.

Assessment Outputs — Your License to Use

ISHIR grants you a limited, non-exclusive license to use the Assessment Outputs (your score, gap analysis, recommendations, and any Action Report or deck we provide) for your internal business purposes. You may share Assessment Outputs internally within your organization. You may not:

  • Publish, publicly post, or distribute Assessment Outputs in any form without ISHIR's prior written consent
  • Represent Assessment Outputs as an independent audit, certification, or third-party validation
  • Use Assessment Outputs in advertising, marketing materials, press releases, or RFP responses without ISHIR's prior written consent
  • Attribute Assessment Outputs to ISHIR in any external communication without prior written approval

If you wish to reference your assessment results externally — for example, in a board presentation, RFP, or press release — please contact legal@ishir.com for approval and appropriate attribution guidance.

Feedback

If you provide us with feedback, suggestions, or ideas about the Platform ("Feedback"), you grant ISHIR an irrevocable, perpetual, royalty-free license to use, incorporate, and commercialize such Feedback without any obligation to you. Feedback does not create any confidentiality obligation on ISHIR's part.

07

Your Content, Data, and Benchmarking

You are responsible for the accuracy of what you submit. We use anonymized, aggregated data for industry benchmarking. We will never identify your organization in any benchmark.

Your Responsibility for Submitted Content

You are solely responsible for the accuracy, legality, and appropriateness of all information you submit through the Platform. By submitting information, you represent and warrant that:

  • The information is accurate and does not misrepresent your organization's actual practices or capabilities
  • You have the legal right and organizational authority to submit the information
  • The submission does not violate any applicable law, regulation, or third-party right
  • The submission does not include any trade secrets, classified information, or confidential information of third parties that you are not authorized to share

Benchmarking Use of Anonymized Data

ISHIR may use assessment responses — in aggregated, fully anonymized form — to develop industry-level AI maturity benchmarks, research reports, and thought leadership content. We commit that:

  • No individual organization will be identifiable in any benchmark or published data derived from assessment responses
  • Anonymized data will be aggregated with responses from a minimum number of other organizations before being used in any published benchmark, such that no single organization's data is discernible
  • We will not reverse-engineer or attempt to re-identify anonymized data
  • You may opt out of benchmark use by contacting us at legal@ishir.com — your individual score and recommendations will not be affected by opting out

Confidentiality of Organizational Data

ISHIR treats identifiable organizational assessment data as confidential business information. Access is restricted to ISHIR personnel with a legitimate business need. We will not share your identified assessment responses with third parties except as described in our Privacy Notice and these Terms. Note that ISHIR's internal advisory and sales teams do have access to your contact details and assessment summary for follow-up purposes, as described in Section 9.

08

Permitted Use and Prohibited Conduct

Use the Platform honestly, for legitimate business evaluation only. The prohibited uses below are grounds for immediate termination.

Permitted Uses

You may use the Platform to:

  • Assess your organization's AI maturity for internal strategic planning and resource allocation purposes
  • Understand your organization's gaps and strengths relative to AI adoption best practices
  • Generate materials to support internal AI governance and strategy discussions
  • Evaluate ISHIR's advisory services as a potential vendor

Prohibited Conduct

You must not use the Platform to:

CategoryProhibited Actions
Manipulation & Fraud Submit false, misleading, or fabricated responses; manipulate your score through dishonest answers; create multiple accounts to game results or circumvent restrictions; impersonate another person or organization
Competitive Intelligence Use the Platform to reverse-engineer ISHIR's scoring methodology, question framework, or proprietary algorithms; use results or methodology to develop a competing product or service; conduct competitive analysis of ISHIR's services
Technical Abuse Scrape, crawl, or automatically extract data from the Platform; use bots, scripts, or automated tools to complete the assessment; attempt to probe, scan, or test the vulnerability of our systems; introduce malware, viruses, or harmful code
Unauthorized Access Access accounts other than your own; attempt to bypass authentication; access the Platform through unauthorized means or APIs; circumvent any access controls or security measures
Misuse of Outputs Represent Assessment Outputs as an independent third-party audit or certification without ISHIR's written consent; use Assessment Outputs to make material representations to investors, regulators, or insurers without appropriate disclosure of their advisory-only nature; publicly publish or distribute Assessment Outputs without ISHIR's prior written consent
Unlawful Activities Use the Platform for any purpose that violates applicable law; submit another company's confidential information without authorization; engage in any activity that could expose ISHIR to legal liability

Violation of any prohibited conduct provision may result in immediate suspension or termination of your account and access, potential legal action, and claims for damages. ISHIR reserves the right to report unlawful conduct to appropriate authorities.

09

Sales Follow-Up and Commercial Communications

Completing the assessment means ISHIR may contact you about your results and its services. You agreed to this by registering. You may opt out at any time.

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Acknowledgment of Commercial Purpose

The ISHIR AI Maturity Assessment Platform is provided free of charge because it serves a dual purpose: delivering genuine value to organizations evaluating their AI maturity, and enabling ISHIR to identify and engage prospective advisory clients. By registering and completing the assessment, you acknowledge and accept that ISHIR may use your contact information and assessment summary to follow up with you about your results and to discuss ISHIR's advisory, implementation, and staffing services.

Nature of Follow-Up Communications

Following your assessment, ISHIR may contact you by email, phone, or other means you have provided to:

  • Share your full results, Action Report, or executive deck
  • Provide additional resources relevant to your AI maturity gaps
  • Discuss ISHIR's advisory, consulting, and implementation services
  • Invite you to ISHIR events, webinars, or thought leadership content
  • Send periodic communications about AI maturity topics relevant to your industry

Your Opt-Out Right

You may opt out of sales and marketing communications at any time by clicking the unsubscribe link in any email, by updating your communication preferences in your account settings, or by emailing legal@ishir.com. Opting out of marketing communications will not affect your access to the Platform or delivery of your assessment results.

No Obligation to Engage

You have no obligation to respond to ISHIR follow-up communications or to engage ISHIR for any advisory services. There is no commercial commitment created by registering for or completing the assessment.

10

Third-Party Services and Links

The Platform may integrate with or contain links to third-party websites, tools, or services, including HubSpot (CRM and marketing automation), Google Analytics (usage analytics), AI/LLM platforms (for scoring and report generation), and other technology providers. These third parties have their own terms of use and privacy policies that govern their services. ISHIR is not responsible for the content, practices, or availability of any third-party service.

If you access any third-party service through or in connection with the Platform, you do so at your own risk. ISHIR does not endorse any third-party service and makes no representations about their fitness, legality, or reliability.

AI and LLM Sub-Processors

ISHIR uses third-party AI platforms to assist in generating personalized recommendations, gap analysis narratives, and Action Report content. By using the Platform, you acknowledge and consent to your assessment responses being processed by such AI platforms under Data Processing Agreements that prohibit use of your data for model training and require appropriate security measures. The specific AI vendors used are disclosed in our Privacy Notice.

11

Privacy and Data Protection

Your use of the Platform is subject to our Privacy Notice, which is incorporated into these Terms by this reference. The Privacy Notice describes how we collect, use, store, and share your personal information, your rights under applicable privacy laws (including the GDPR, UK GDPR, CCPA/CPRA, and Texas TDPSA), and how to exercise those rights. Please review the Privacy Notice carefully before using the Platform.

To the extent any conflict exists between these Terms and the Privacy Notice with respect to personal data handling, the Privacy Notice governs.

12

Modifications to the Platform and Termination

ISHIR's Right to Modify the Platform

ISHIR reserves the right, in its sole discretion and at any time without notice, to:

  • Modify, update, expand, or restrict any feature or functionality of the Platform
  • Change the question set, scoring methodology, or maturity tier definitions
  • Introduce fees for features currently provided at no charge (with reasonable advance notice)
  • Suspend the Platform temporarily for maintenance, upgrades, or security purposes
  • Discontinue the Platform in whole or in part, with at least 30 days' written notice where practicable

If ISHIR materially changes the scoring methodology in a way that would affect your previously issued score, we will notify registered users by email.

Termination of Your Account by ISHIR

ISHIR may suspend or permanently terminate your account and access to the Platform immediately and without advance notice if we determine, in our sole discretion, that you have:

  • Violated any provision of these Terms
  • Provided false or misleading information during registration or in the assessment
  • Engaged in any prohibited conduct described in Section 8
  • Taken any action that poses a security risk, legal liability, or reputational harm to ISHIR
  • Failed to pay any fees owed for premium features, where applicable

Upon termination, your license to use the Platform ceases immediately. Sections 5 (AI Output Disclaimer), 6 (Intellectual Property), 13 (Disclaimer of Warranties), 14 (Limitation of Liability), 15 (Indemnification), 17 (Arbitration Agreement), 18 (Class Action Waiver), and 19 (Governing Law) survive termination.

13

Disclaimer of Warranties

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Important — Please Read Carefully

This section limits ISHIR's legal obligations to you with respect to the Platform and Assessment Outputs. If you are a consumer in a jurisdiction that does not permit exclusion of implied warranties, some exclusions below may not apply to you.

THE PLATFORM AND ALL ASSESSMENT OUTPUTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ISHIR EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION:

  • Implied warranties of merchantability — we make no warranty that the Platform is of merchantable quality or fit for a particular purpose
  • Fitness for a particular purpose — we make no warranty that the Platform or Assessment Outputs will meet your specific business objectives or requirements
  • Accuracy and completeness — we make no warranty that Assessment Outputs are accurate, complete, error-free, or that AI-generated content is free from hallucination or analytical error
  • Non-infringement — we make no warranty that your use of the Platform will not infringe any third-party rights
  • Uninterrupted access — we do not warrant that the Platform will be available at all times, free from errors, or secure from all threats
  • Results — we make no warranty that following any recommendation in an Assessment Output will produce any specific business outcome

ISHIR does not warrant that any defects in the Platform will be corrected, or that the Platform is free of viruses or other harmful components. You assume all risk for any damage to your computer system or loss of data resulting from your use of the Platform.

14

Limitation of Liability

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Important — This Section Limits ISHIR's Financial Liability to You

This section significantly limits the damages you may recover from ISHIR. It reflects the fact that the Platform is provided at no charge as an advisory tool and that ISHIR cannot control how you use Assessment Outputs.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

Exclusion of Consequential Damages. IN NO EVENT SHALL ISHIR, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION: LOSS OF PROFITS, REVENUE, BUSINESS, OR ANTICIPATED SAVINGS; LOSS OF DATA OR BUSINESS INFORMATION; BUSINESS INTERRUPTION; REPUTATIONAL HARM; COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES; OR ANY OTHER INTANGIBLE LOSS — HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF ISHIR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Cap on Damages. IN NO EVENT SHALL ISHIR'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM — WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE — EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO ISHIR FOR THE PLATFORM IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (B) ONE HUNDRED US DOLLARS (USD $100.00).

Essential Basis. The parties acknowledge that the limitations of liability in this section reflect a reasonable allocation of risk and are an essential element of the basis of the bargain between ISHIR and you. ISHIR would not have made the Platform available on these terms without these limitations.

Exceptions. Nothing in these Terms limits ISHIR's liability for: (i) death or personal injury caused by ISHIR's gross negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any liability that cannot be excluded or limited under applicable law.

Some jurisdictions do not allow certain exclusions or limitations of liability. In such jurisdictions, ISHIR's liability is limited to the greatest extent permitted by applicable law.

15

Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless ISHIR INC. and its directors, officers, employees, contractors, agents, partners, successors, and assigns (collectively, "ISHIR Parties") from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

  • Your use of or access to the Platform in violation of these Terms
  • Your violation of any applicable law, rule, or regulation
  • Your submission of false, misleading, or unauthorized information through the Platform
  • Your submission of organizational data that you were not authorized to disclose
  • Your violation of any third-party right, including any intellectual property, confidentiality, or privacy right
  • Any claim by your employer or organization arising from your use of the Platform without authorization
  • Your breach of any representation or warranty made in these Terms

ISHIR reserves the right to assume exclusive control of the defense of any matter subject to indemnification by you, in which case you agree to cooperate with ISHIR in asserting available defenses.

16

Dispute Resolution — Informal Resolution First

Before initiating any formal dispute proceeding, you agree to first contact ISHIR at legal@ishir.com and provide a written description of the dispute, the relief sought, and your contact information. You agree to negotiate in good faith to resolve the dispute informally for at least thirty (30) days after submitting the written notice. ISHIR will attempt to respond to any legitimate complaint within 15 business days.

If informal resolution is unsuccessful after the 30-day period, either party may proceed to binding arbitration as described in Section 17 below, or to litigation in the courts specified in Section 19 for any claims excluded from arbitration.

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm pending resolution of a dispute.

17

Binding Arbitration Agreement

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This Section Affects Your Legal Rights — Please Read Carefully

This Arbitration Agreement requires you to resolve most disputes with ISHIR through individual binding arbitration rather than in court. By agreeing to these Terms, you waive your right to a jury trial and, subject to Section 18, your right to participate in a class action. If you do not wish to be bound by this Arbitration Agreement, do not use the Platform.

Scope of Arbitration

Except as provided in the "Exceptions" paragraph below, any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Platform, or ISHIR's services — including any question about the existence, validity, interpretation, breach, or termination of these Terms — shall be finally resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules then in effect, as supplemented by the AAA Consumer Arbitration Rules where applicable.

Arbitration Procedures

  • Seat and location: Arbitration shall take place in Dallas, Texas, unless the parties agree otherwise or the arbitrator determines that an in-person hearing in Dallas would create undue hardship
  • Number of arbitrators: One (1) neutral arbitrator mutually agreed upon by the parties, or selected by the AAA if the parties cannot agree within 30 days
  • Language: English
  • Applicable law: The arbitrator shall apply Texas substantive law and the Federal Arbitration Act (FAA)
  • Costs: AAA filing fees and arbitrator compensation will be allocated in accordance with the applicable AAA rules. Each party shall bear its own attorneys' fees unless the arbitrator determines that a claim was frivolous or brought in bad faith
  • Confidentiality: The arbitration and its outcome shall be confidential, except as required by law or to enforce an award
  • Award: The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction

Exceptions to Arbitration

The following disputes are excluded from binding arbitration and may be brought in the courts specified in Section 19:

  • Claims seeking emergency injunctive or other equitable relief to prevent irreparable harm (e.g., claims relating to unauthorized use of intellectual property)
  • Claims that applicable law expressly excludes from arbitration
  • Small claims court matters within the jurisdictional limits of the Dallas County, Texas small claims court

Opt-Out Right

You may opt out of this Arbitration Agreement by sending written notice to ISHIR at legal@ishir.com within thirty (30) days of first accepting these Terms. Your notice must include your name, email address used to register, and a clear statement that you are opting out of arbitration. If you opt out, all disputes shall be resolved in the courts specified in Section 19. Opting out does not affect the Class Action Waiver in Section 18.

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Class Action and Jury Trial Waiver

Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND ISHIR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR MULTI-CLAIMANT PROCEEDING.

This means you may not bring claims against ISHIR as part of a class action, class arbitration, private attorney general action, or any other representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding. If this specific provision is found to be unenforceable in any jurisdiction, the entirety of the Arbitration Agreement in Section 17 shall be void in that jurisdiction — but the Class Action Waiver shall survive and be enforceable in any litigation.

Jury Trial Waiver

FOR ANY CLAIMS NOT SUBJECT TO ARBITRATION, YOU AND ISHIR EACH WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY. All such claims shall be adjudicated by a judge sitting without a jury.

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EU / UK / Consumer Law Note

If you are located in the European Union or United Kingdom, or in any other jurisdiction where mandatory consumer protection laws prohibit pre-dispute arbitration clauses or class action waivers, those provisions of this Section may not apply to you to the extent prohibited by such mandatory law. In such cases, disputes shall be resolved in accordance with the courts specified in Section 19, and mandatory consumer rights remain unaffected.

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Governing Law and Venue

These Terms and any dispute arising out of or relating to them or the Platform shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to its conflict of law provisions, and the Federal Arbitration Act (with respect to arbitrability).

For any claims or disputes not subject to binding arbitration under Section 17, you irrevocably submit to the exclusive jurisdiction of the state and federal courts located in Dallas County, Texas, and waive any objection to the exercise of jurisdiction over you by such courts or to venue in such courts.

Notwithstanding the foregoing, if you are located in the European Union or United Kingdom, you may also have the right to bring claims before the courts of your country of habitual residence.

20

General Provisions

Entire Agreement

These Terms, together with the Privacy Notice, constitute the entire agreement between you and ISHIR with respect to the Platform and supersede all prior agreements, understandings, negotiations, and representations. Any separate written services agreement between you and ISHIR governs the specific services described therein and supplements but does not supersede these Terms with respect to Platform use.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions shall continue in full force and effect.

No Waiver

ISHIR's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any specific breach or default does not constitute a waiver of any subsequent breach or default.

Assignment

You may not assign or transfer any rights or obligations under these Terms without ISHIR's prior written consent. ISHIR may freely assign these Terms, including in connection with a merger, acquisition, or sale of assets, without your consent.

Force Majeure

ISHIR shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, labor disputes, power outages, internet failures, or actions of government authorities.

No Third-Party Beneficiaries

These Terms do not create any rights in any third party. Only you and ISHIR may enforce these Terms.

Notices

Legal notices to ISHIR must be sent in writing to: ISHIR INC., Attn: Legal, 2001 Ross Ave Suite #700-140, Dallas, TX 75201, with a copy by email to legal@ishir.com. ISHIR may provide notices to you via email to the address associated with your account or by posting prominently on the Platform.

Headings

Section headings in these Terms are for convenience only and have no legal effect on the interpretation of the Terms.

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Updates to These Terms

ISHIR reserves the right to modify these Terms at any time. When we make material changes, we will:

  • Update the "Last Updated" date in the metadata bar at the top of this page
  • Send an email notification to the address associated with your account at least 14 days before material changes take effect (where practicable)
  • Display a prominent notice on the Platform for at least 30 days following the change

Your continued use of the Platform after the effective date of updated Terms constitutes your acceptance of the changes. If you do not agree to updated Terms, you must stop using the Platform and may close your account as described in Section 3.

For non-material changes (such as typographical corrections, clarifications, or changes required by applicable law), we may update the Terms without advance notice.

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Contact Us

For questions about these Terms of Use, requests for clarification, or legal notices:

Legal / Privacy
Mailing Address
ISHIR INC., Attn: Legal
2001 Ross Ave Suite #700-140
Dallas, TX 75201, USA
Data Subject Requests
Corporate Website