Terms of Service
INVICTUS AI CORPORATION
TERMS OF SERVICE
Effective Date: July 1, 2026
Last Updated: June 19, 2026
legal@invictus.ai | invictus.ai
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. BY CLICKING "I AGREE," CREATING AN ACCOUNT, OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS IN THEIR ENTIRETY. IF YOU DO NOT AGREE, YOU MAY NOT ACCESS OR USE THE SERVICES.
THESE TERMS CONTAIN A MANDATORY BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER IN SECTION 19. PLEASE REVIEW THAT SECTION CAREFULLY.
1. Parties and Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between Invictus AI Corporation, a Nevada corporation ("Invictus AI," "Company," "we," "our," or "us"), and you, the individual or entity accessing or using the Services ("User," "you," or "your"). These Terms govern your access to and use of all products, services, applications, platforms, software, APIs, websites, and related offerings operated or provided by Invictus AI (collectively, the "Services").
By accessing or using the Services in any manner, you represent that: (i) you have read, understood, and agree to be bound by these Terms and any policies incorporated herein by reference; (ii) you have the legal authority to enter into a binding agreement on behalf of yourself or the organization you represent; and (iii) your use of the Services complies with all applicable laws and regulations.
2. Eligibility
You must be at least 18 years of age and capable of forming a binding contract under applicable law to use the Services. If you are using the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" shall mean both you individually and that entity jointly and severally. We reserve the right to verify eligibility and to refuse access to any person or entity at our sole discretion.
Access to certain features may be further restricted based on geographic location, regulatory requirements, subscription tier, or other criteria established by us from time to time. We make no representation that the Services are appropriate or available in all locations.
3. Account Registration and Security
To access certain features of the Services, you must create an account. You agree to provide accurate, current, and complete information at registration and to promptly update such information to keep it accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account, whether or not authorized by you.
You must immediately notify us at legal@invictus.ai of any unauthorized use of your account or any other security breach. We will not be liable for any loss or damage arising from your failure to safeguard your account credentials. We reserve the right to disable any account at any time for any reason, including if we believe you have violated these Terms.
You may not create accounts by automated means, register accounts in bulk, share your account credentials with third parties, or use another person's account without authorization. Each account is personal and non-transferable unless expressly permitted in a separate written agreement with Invictus AI.
4. Description of Services and AI Features
The Services include artificial intelligence-powered tools, platforms, APIs, and related features offered by Invictus AI. These may include, without limitation: natural language processing, document analysis, automated advisory and analytical tools, machine learning outputs, AI-generated content, and related products branded under "Invictus AI," "Verena," or other Invictus AI trade names (collectively, "AI Features").
4.1 Nature of AI Outputs
AI Features generate outputs based on machine learning models and algorithms that are probabilistic in nature. Outputs may be inaccurate, incomplete, outdated, or not suitable for your specific purpose. AI outputs do not constitute legal, financial, medical, regulatory, or professional advice of any kind. You are solely responsible for evaluating the accuracy and appropriateness of any AI output before relying upon it.
4.2 No Professional Advice
Nothing in the Services or any AI output constitutes professional advice. Any information provided through the Services is for general informational and operational purposes only. You should consult qualified professionals before making any decision based on information obtained through the Services.
4.3 Service Modifications
We reserve the right to modify, suspend, discontinue, or add features to the Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
5. Acceptable Use Policy
You agree to use the Services only for lawful purposes and in accordance with these Terms. You represent and warrant that you will not, and will not permit any third party to:
Use the Services for any illegal, fraudulent, deceptive, harmful, harassing, abusive, threatening, defamatory, obscene, or otherwise objectionable purpose;
Use the Services to violate any applicable local, state, national, or international law or regulation;
Use the Services to infringe or misappropriate any intellectual property rights of Invictus AI or any third party;
Use the Services to transmit, distribute, or upload malware, viruses, spyware, ransomware, or any other malicious code;
Attempt to gain unauthorized access to any part of the Services, other accounts, computer systems, or networks connected to the Services;
Reverse engineer, decompile, disassemble, copy, reproduce, or create derivative works based on any part of the Services except as expressly permitted;
Scrape, crawl, or use automated tools to extract data from the Services without our prior written consent;
Use the Services to develop competing products or services or for any benchmarking purposes without our written consent;
Interfere with or disrupt the integrity or performance of the Services, including by transmitting unsolicited communications or imposing disproportionate loads on infrastructure;
Use the Services to generate, distribute, or facilitate hate speech, content that exploits minors, non-consensual intimate imagery, or any content that promotes violence or discrimination;
Circumvent any technical, legal, or contractual restrictions in these Terms or any applicable law;
Use the Services in any way that could expose Invictus AI to legal liability or reputational harm.
We reserve the right to investigate and take appropriate action, including suspension or termination of your account and referral to law enforcement, for any suspected violation of these Terms or applicable law.
6. Artificial Intelligence Use Policy
6.1 Permitted Uses of AI Features
You may use AI Features solely for your own internal business purposes, subject to these Terms and any usage limits applicable to your subscription. You agree that your use of AI Features will not violate any applicable laws, including those governing data privacy, export controls, consumer protection, and anti-discrimination.
6.2 Prohibited AI Uses
Without limiting Section 5, you specifically agree not to use AI Features to:
Generate content intended to deceive, defraud, or manipulate individuals or entities;
Automate decisions that have legal or similarly significant effects on individuals without appropriate human oversight and disclosure as required by law;
Develop, train, or improve any competing AI model, system, or product;
Impersonate any person, company, or entity, including Invictus AI;
Facilitate surveillance, tracking, or profiling of individuals without their lawful consent;
Generate content prohibited by law in any applicable jurisdiction, including content that is defamatory, obscene, or that constitutes illegal discrimination;
Create or disseminate disinformation, deepfakes, or synthetic media intended to mislead;
Bypass safety, content moderation, or ethical guardrails built into the AI Features.
6.3 AI Output Ownership and License
Subject to your compliance with these Terms and payment of applicable fees, Invictus AI grants you a limited, non-exclusive, non-transferable, revocable license to use outputs generated by AI Features ("AI Outputs") for your own lawful internal purposes. You acknowledge that AI Outputs may not be eligible for copyright protection in all jurisdictions and you assume all risk associated with their use.
6.4 Feedback and Improvement
If you provide feedback, suggestions, ideas, or other input regarding the Services or AI Features ("Feedback"), you hereby grant Invictus AI a perpetual, irrevocable, worldwide, royalty-free, fully paid-up license to use, reproduce, modify, adapt, publish, translate, distribute, and incorporate such Feedback for any purpose without restriction or compensation to you. You represent that any Feedback you provide is not subject to any confidentiality obligation.
6.5 Human Oversight
You acknowledge that AI Features are tools intended to assist human decision-making and are not substitutes for professional judgment. You are responsible for implementing appropriate human oversight of AI Outputs, particularly where those outputs may affect individuals' legal rights, financial decisions, health, safety, or other significant interests.
7. Data Collection, Use, and Sharing
7.1 Data We Collect
By accessing or using the Services, you consent to our collection, processing, storage, use, and sharing of the following categories of information:
Account and Registration Data: Name, email address, phone number, company name, job title, billing information, and other information provided during registration or account management;
Usage Data: Information about how you interact with the Services, including features accessed, queries submitted, AI outputs generated, session duration, error logs, and clickstream data;
Input Data: Any text, files, documents, images, audio, video, or other content you submit to or through the Services ("User Content"), including content processed by AI Features;
Technical Data: IP address, browser type and version, device identifiers, operating system, referral URLs, and other technical identifiers;
Communications Data: Content of emails, chat messages, support tickets, and other communications you send to us;
Behavioral and Inferred Data: Preferences, interests, and characteristics inferred from your usage of the Services;
Third-Party Data: Information we receive from third-party partners, data providers, social media platforms, or identity verification services when you connect such services to your account.
7.2 How We Use Your Data
We use collected data for the following purposes, and by using the Services you expressly consent to each:
To provide, operate, maintain, and improve the Services and AI Features;
To personalize your experience and deliver relevant content and features;
To train, fine-tune, evaluate, and improve our AI models and algorithms, unless you have opted out of model training as described in our Privacy Policy;
To communicate with you about your account, transactions, support requests, and updates to these Terms or our policies;
To send you marketing, promotional, and informational communications, subject to your right to opt out;
To conduct research, analytics, and product development;
To detect, investigate, and prevent fraud, abuse, security incidents, and violations of these Terms;
To comply with legal obligations, respond to legal process, and enforce our rights;
To protect the safety and security of our users, employees, and the public.
7.3 Data Sharing
We may share your data with third parties in the following circumstances, and by using the Services you consent to such sharing:
Service Providers: With vendors, contractors, and service providers who perform services on our behalf (such as cloud hosting, analytics, payment processing, and customer support), subject to appropriate confidentiality obligations;
Business Partners: With trusted business partners where you have consented to such sharing or where sharing is necessary to provide an integrated service;
AI and Data Providers: With third-party AI model providers, data annotation services, and technology partners to operate or improve the Services;
Legal and Regulatory: With courts, regulators, law enforcement, or other government authorities when required by applicable law, court order, or legal process, or when we believe disclosure is necessary to protect rights, property, or safety;
Business Transactions: In connection with a merger, acquisition, sale of assets, financing, bankruptcy, or similar transaction, in which case your data may be transferred to the acquiring entity;
Aggregated and De-identified Data: We may share aggregated, anonymized, or de-identified data that cannot reasonably be used to identify you with any third party for any purpose, including research, analytics, and marketing;
With Your Consent: With any third party where you have provided explicit consent.
7.4 Data Retention
We retain your data for as long as your account is active, as necessary to provide the Services, as required by applicable law, or as reasonably necessary for our legitimate business purposes, including dispute resolution, enforcement of agreements, and maintaining security and fraud prevention records. Upon account termination, we may retain certain data as required by law or for legitimate business purposes, subject to our Privacy Policy.
7.5 International Data Transfers
Invictus AI operates in the United States and may transfer your data to servers located in the United States and other countries that may have different data protection laws than your country of residence. By using the Services, you consent to the transfer, processing, and storage of your data in the United States and other jurisdictions.
7.6 Analytics and Tracking Technologies
We use cookies, web beacons, pixel tags, and similar tracking technologies to collect usage data and improve the Services. You may manage cookie preferences through your browser settings, but disabling certain cookies may impair functionality. Our use of analytics tools, including third-party analytics providers, is governed by our Privacy Policy.
8. Permissions and Consents
8.1 Consent to Data Processing
By accepting these Terms, you expressly consent to the collection, processing, storage, and use of your data as described in Section 7 and our Privacy Policy. This consent is given freely, specifically, and with full information as provided in these Terms. You acknowledge that certain processing is necessary for the performance of these Terms and that withdrawal of consent for such necessary processing may result in your inability to use the Services.
8.2 License to User Content
By submitting User Content to the Services, you hereby grant Invictus AI a worldwide, non-exclusive, royalty-free, sublicensable, irrevocable license to use, host, store, reproduce, modify, adapt, translate, process, analyze, create derivative works from, distribute, perform, and display such User Content in connection with: (i) operating and providing the Services; (ii) improving, training, and developing AI Features and models; (iii) internal research and analytics; and (iv) any other lawful business purpose of Invictus AI. You represent and warrant that you have all rights necessary to grant this license and that your User Content does not violate any third-party rights or applicable law.
8.3 Consent to Communications
By creating an account and using the Services, you consent to receive electronic communications from us, including transactional emails, security alerts, product updates, and marketing communications. You may opt out of marketing communications at any time by following unsubscribe instructions, but you cannot opt out of transactional or security communications as these are necessary to the Services.
8.4 Consent to Monitoring
You acknowledge and consent that Invictus AI may monitor, record, review, and analyze your use of the Services, including all inputs, queries, and interactions with AI Features, for purposes of: (i) operating and improving the Services; (ii) ensuring compliance with these Terms and applicable law; (iii) detecting fraud, abuse, and security threats; and (iv) improving AI model performance. This monitoring may be conducted by automated systems, human reviewers, or both.
8.5 Biometric and Sensitive Data
If you submit data to the Services that constitutes biometric data, protected health information, or other categories of sensitive data under applicable law, you do so at your own risk and represent that you have obtained all necessary consents and authorizations for such submission and processing. We do not warrant that the Services are appropriate for processing such sensitive data categories, and we disclaim all liability arising from your submission of such data without an applicable data processing agreement.
8.6 Permission for Aggregated Use
You grant Invictus AI the right to use aggregated, de-identified data derived from your use of the Services for any business purpose, including product development, research, benchmarking, and publication of industry insights, provided that such data cannot reasonably be used to identify you individually.
9. Privacy Policy
Your use of the Services is also governed by our Privacy Policy, available at invictus.ai/privacy, which is incorporated into these Terms by reference. In the event of a conflict between these Terms and the Privacy Policy on matters of data privacy, the Privacy Policy shall control. We comply with applicable privacy laws, including the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and other applicable state and federal privacy laws, to the extent required.
You may have rights under applicable privacy laws including access, correction, deletion, portability, restriction of processing, and objection to processing. Requests to exercise these rights should be submitted in accordance with our Privacy Policy. We will respond to verified requests within legally required timeframes.
10. Payments, Fees, and Transactions
10.1 Fees
Certain Services require payment of fees. You agree to pay all applicable fees in accordance with the pricing and payment terms presented to you at the time of purchase or as set forth in an applicable order form or subscription agreement. All fees are quoted and payable in U.S. dollars unless otherwise specified.
10.2 Payment Authorization
By providing payment information, you represent that you are authorized to use the designated payment method and authorize us to charge such payment method for all fees incurred. You authorize us to retain your payment information for use in connection with recurring charges, renewals, and future transactions unless you notify us otherwise.
10.3 Subscription and Auto-Renewal
If you purchase a subscription, your subscription will automatically renew at the end of each subscription period at the then-current price unless you cancel before the renewal date. You are responsible for monitoring your subscription and canceling in advance if you do not wish to renew. Notice of cancellation must be provided in accordance with the procedures specified in the applicable product or account settings.
10.4 Refunds
All fees paid are non-refundable except: (i) as expressly required by applicable law; (ii) as expressly stated in a separate written agreement; or (iii) as determined at our sole discretion in extraordinary circumstances. Disputes regarding charges must be raised within 30 days of the relevant charge; failure to dispute within such period constitutes waiver of your right to contest the charge.
10.5 Taxes
You are responsible for all taxes, duties, and governmental assessments applicable to your use of the Services, excluding taxes based on our net income. We may collect applicable sales taxes where required by law.
10.6 Late Payments
If any amount due is not paid by the due date, we reserve the right to suspend or terminate your access to the Services, charge interest on overdue amounts at the rate of 1.5% per month (or the maximum rate permitted by law, whichever is lower), and recover our reasonable costs of collection, including attorneys' fees.
11. Intellectual Property
11.1 Invictus AI Ownership
All content, software, code, algorithms, AI models, data, databases, interfaces, documentation, trade names, trademarks, logos, and materials provided through or embodied in the Services are the proprietary property of Invictus AI Corporation or its licensors and are protected by United States and international intellectual property laws, including copyright, patent, trademark, and trade secret law. Nothing in these Terms transfers any ownership interest in our intellectual property to you.
11.2 Limited License to Users
Subject to your compliance with these Terms and payment of applicable fees, Invictus AI grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your own lawful internal business purposes. This license does not include any right to: (i) sublicense or transfer access; (ii) create derivative works; (iii) reverse engineer, decompile, or extract the source code of any software; (iv) use the Services to develop competing products; or (v) remove or alter any proprietary notices.
11.3 Trademarks
You may not use any Invictus AI trademark, trade name, service mark, logo, or brand identifier without our prior written consent. All goodwill arising from your authorized use of our trademarks inures to our benefit.
11.4 DMCA and Copyright Complaints
We respect intellectual property rights. If you believe that content available through the Services infringes your copyright, you may submit a DMCA takedown notice to legal@invictus.ai with the information required by 17 U.S.C. § 512(c)(3). Repeat infringers may have their accounts terminated.
12. User Content
You are solely responsible for all User Content you submit to the Services. You represent and warrant that: (i) you own or have all necessary rights, licenses, and consents to submit the User Content; (ii) the User Content does not infringe or violate any third-party intellectual property, privacy, or other rights; (iii) the User Content does not contain malicious code, viruses, or harmful components; and (iv) the User Content complies with all applicable laws.
We do not claim ownership of your User Content. However, by submitting User Content, you grant us the license described in Section 8.2. We reserve the right, but have no obligation, to review, monitor, edit, or remove any User Content that we determine, in our sole discretion, violates these Terms, applicable law, or is otherwise objectionable. We are not responsible for any User Content submitted by you or any third party.
13. Confidentiality
"Confidential Information" means any non-public information disclosed by either party to the other that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Each party agrees to: (i) hold the other's Confidential Information in strict confidence using at least the same degree of care used to protect its own confidential information, but no less than reasonable care; (ii) not disclose Confidential Information to any third party without prior written consent; and (iii) use Confidential Information only for the purposes of these Terms.
Confidentiality obligations do not apply to information that: (i) is or becomes publicly available through no breach of these Terms; (ii) was already known to the recipient; (iii) is received from a third party without restriction; or (iv) is independently developed without reference to the disclosing party's information. Each party may disclose Confidential Information to the extent required by law or court order, provided it gives reasonable prior notice to the other party and cooperates with any effort to obtain a protective order.
The terms of this Section survive termination of these Terms for a period of five (5) years, except with respect to trade secrets, which shall be protected for as long as they qualify as trade secrets under applicable law.
14. Third-Party Services and Integrations
The Services may integrate with, link to, or enable access to third-party services, applications, or content not operated by Invictus AI ("Third-Party Services"). Your use of Third-Party Services is governed by the terms and privacy policies of the applicable third parties. We have no control over Third-Party Services, do not endorse them, and are not responsible or liable for their content, functionality, privacy practices, or any damages arising from your use of Third-Party Services.
If you connect any Third-Party Service to your Invictus AI account, you authorize us to access, collect, and process data from such Third-Party Service as necessary to provide the integrated functionality. You represent that you have the right to authorize such access and that doing so complies with the terms of the applicable Third-Party Service.
15. Disclaimers of Warranties
THE SERVICES, INCLUDING ALL AI FEATURES AND AI OUTPUTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INVICTUS AI CORPORATION EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS;
WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY CONTENT, AI OUTPUTS, OR OTHER INFORMATION OBTAINED THROUGH THE SERVICES;
WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM INVICTUS AI OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; IN SUCH JURISDICTIONS, THE FOREGOING EXCLUSIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INVICTUS AI CORPORATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR ANTICIPATED SAVINGS;
BUSINESS INTERRUPTION OR COST OF SUBSTITUTE GOODS OR SERVICES;
DAMAGES ARISING FROM RELIANCE ON AI OUTPUTS OR OTHER INFORMATION OBTAINED THROUGH THE SERVICES;
DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS;
ANY OTHER INDIRECT OR CONSEQUENTIAL LOSS.
THE FOREGOING LIMITATIONS APPLY WHETHER OR NOT INVICTUS AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, STRICT LIABILITY, CONTRACT, TORT, OR OTHERWISE.
IN NO EVENT SHALL INVICTUS AI'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF: (i) THE TOTAL AMOUNT PAID BY YOU TO INVICTUS AI DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (ii) ONE HUNDRED DOLLARS ($100.00). THIS LIMITATION APPLIES TO ALL CLAIMS IN AGGREGATE, NOT PER INCIDENT OR CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
17. Indemnification
You agree to defend, indemnify, and hold harmless Invictus AI Corporation, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:
Your use of the Services or AI Features;
Your User Content;
Your violation of these Terms, any applicable law, or any third-party rights;
Any claim that your User Content caused damage to or infringed the rights of a third party;
Your breach of any representation, warranty, or covenant in these Terms;
Any claim arising from your use of AI Outputs or reliance thereon;
Your willful misconduct, fraud, or gross negligence.
We reserve the right to assume exclusive control of the defense of any matter subject to indemnification at your expense. You agree to cooperate fully with us in asserting any available defenses. This indemnification obligation survives termination of these Terms and your use of the Services.
18. Termination
18.1 Termination by Invictus AI
We may suspend or terminate your account and access to the Services immediately, with or without notice, at our sole discretion, for any reason, including but not limited to: (i) your breach of these Terms; (ii) your failure to pay applicable fees; (iii) your use of the Services in a manner that poses a legal, security, or reputational risk to Invictus AI; (iv) legal or regulatory requirements; or (v) any other conduct we deem, in our sole discretion, to be harmful to other users, the Services, or Invictus AI. For paid subscribers, we will use commercially reasonable efforts to provide advance notice of termination for convenience.
18.2 Termination by User
You may terminate your account at any time by following the account closure procedures in the applicable product settings or by contacting us at legal@invictus.ai. Termination of your account does not relieve you of any payment obligations incurred prior to termination.
18.3 Effect of Termination
Upon termination of your account for any reason: (i) all licenses granted to you under these Terms immediately cease; (ii) you must stop using the Services and destroy all copies of any materials obtained therefrom; and (iii) we may delete your account data in accordance with our data retention policies, though we are not obligated to do so. Provisions of these Terms that by their nature should survive termination shall survive, including Sections 7, 8, 11, 13, 15, 16, 17, 19, 20, and 21.
19. Dispute Resolution and Mandatory Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES MANDATORY BINDING ARBITRATION OF DISPUTES AND CONTAINS A CLASS ACTION WAIVER. BY AGREEING TO THESE TERMS, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS.
19.1 Informal Resolution
Before initiating any formal dispute proceeding, the party with a grievance ("Claimant") must provide the other party with written notice of the dispute ("Dispute Notice") at least thirty (30) days prior to initiating arbitration. The Dispute Notice must include: (i) the Claimant's name and contact information; (ii) a detailed description of the dispute; (iii) the relief sought; and (iv) the factual basis for the claim. The parties agree to negotiate in good faith for thirty (30) days following receipt of the Dispute Notice to attempt to resolve the dispute informally. Dispute Notices to Invictus AI must be sent by certified mail or nationally recognized overnight courier to: Invictus AI Corporation, Legal Department, c/o Registered Agent, Nevada, with a copy to legal@invictus.ai.
19.2 Mandatory Binding Arbitration
If a dispute cannot be resolved informally within the thirty (30) day period described above, all disputes, claims, controversies, or causes of action of any kind arising out of or relating to these Terms, the Services, or the relationship between the parties (including disputes regarding the formation, interpretation, breach, enforceability, or termination of these Terms, and any claims based on contract, tort, statute, fraud, misrepresentation, or any other legal theory) ("Disputes") shall be resolved exclusively by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (collectively, "AAA Rules"), as modified by these Terms. The AAA Rules are available at www.adr.org. If the AAA is unavailable or declines to administer the arbitration, the parties shall mutually agree on a substitute arbitration administrator; if they cannot agree, a court of competent jurisdiction shall appoint one.
19.3 Arbitration Procedures
The arbitration shall be conducted by a single neutral arbitrator. Unless otherwise agreed by the parties, the arbitration shall be conducted in Clark County, Nevada, though either party may elect to participate by video or telephone where permitted by the AAA Rules. The arbitrator shall apply Nevada law consistent with the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and applicable statutes of limitation. The arbitrator has authority to award any remedy that would be available in court, subject to the limitations in Section 16. The arbitrator's decision shall be final, binding, and non-appealable except on the grounds specified in the Federal Arbitration Act, and may be entered and enforced as a judgment in any court of competent jurisdiction.
19.4 Arbitration Costs and Fees
Each party shall be responsible for its own arbitration costs, including its proportionate share of AAA filing fees, administrative fees, and arbitrator compensation, unless otherwise required by the AAA Rules or applicable law. Notwithstanding the foregoing, the prevailing party in any arbitration proceeding shall be entitled to recover from the non-prevailing party its reasonable attorneys' fees, costs of arbitration (including AAA filing fees, administrative fees, and arbitrator compensation), expert witness fees, and all other reasonable costs and expenses incurred in connection with the arbitration. The arbitrator shall specifically identify the prevailing party and include an award of attorneys' fees and costs as part of the final award. For purposes of this Section, "prevailing party" means the party that substantially prevails on the primary disputed claim or claims as determined by the arbitrator. A party that voluntarily dismisses a claim or reaches a settlement shall not be considered the prevailing party with respect to that claim unless the settlement agreement expressly designates a prevailing party.
19.5 Class Action and Collective Action Waiver
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER SIMILAR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not award class-wide relief. If this class action waiver is found to be unenforceable with respect to any claim, then that specific claim shall be severed from arbitration and litigated in court, and all other claims shall remain subject to arbitration.
19.6 Small Claims Court
Notwithstanding the foregoing, either party may bring an individual claim in small claims court if the claim qualifies under the applicable small claims court rules and the amount in controversy is within the small claims court's jurisdictional limit. A party may not use the small claims court option to avoid arbitration of a dispute that exceeds the small claims court's jurisdiction.
19.7 Emergency and Injunctive Relief
Notwithstanding the obligation to arbitrate, either party may seek emergency injunctive, temporary restraining order, or other provisional relief in any court of competent jurisdiction where necessary to prevent irreparable harm, protect intellectual property rights, or preserve the status quo pending the outcome of arbitration. The seeking of such relief shall not be deemed a waiver of the right to arbitrate. This exception applies to claims arising from alleged unauthorized use or misappropriation of Invictus AI's intellectual property, trade secrets, or confidential information.
19.8 Jury Trial Waiver
FOR ANY CLAIM NOT SUBJECT TO ARBITRATION (INCLUDING CLAIMS IN SMALL CLAIMS COURT AND CLAIMS BROUGHT PURSUANT TO SECTION 19.7), EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT TO A TRIAL BY JURY. BOTH PARTIES CONSENT TO HAVE SUCH CLAIMS TRIED BEFORE A JUDGE SITTING WITHOUT A JURY.
19.9 Governing Law for Arbitration
The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this Section 19. If the Federal Arbitration Act is found not to apply, the Nevada Uniform Arbitration Act shall govern.
19.10 Severability of Arbitration Provisions
If any provision of this Section 19 is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect, except that: (i) if the class action waiver in Section 19.5 is found unenforceable in a particular proceeding, the entire arbitration obligation shall be severable and that proceeding shall proceed in court; and (ii) if the prevailing party fee-shifting provision in Section 19.4 is found unenforceable under applicable law in a particular jurisdiction, that provision shall be severed only as to that jurisdiction and proceeding, with all other arbitration provisions remaining in effect.
20. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of law principles. For any claims not subject to arbitration under Section 19 (including claims for emergency injunctive relief and small claims actions), the parties irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in Clark County, Nevada. Each party waives any objection to such jurisdiction and venue, including any claim that such forum is inconvenient.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. To the extent any provision of these Terms conflicts with mandatory provisions of applicable law in a particular jurisdiction, such provision shall be modified only to the minimum extent necessary to comply with such mandatory law, and all other provisions shall remain in full force and effect.
21. Export Controls and Sanctions Compliance
The Services and AI Features may be subject to export control laws and regulations of the United States and other jurisdictions, including the Export Administration Regulations ("EAR") and the International Traffic in Arms Regulations ("ITAR"). You agree to comply fully with all applicable export control laws and regulations. You represent and warrant that you are not: (i) located in, or a national or resident of, any country subject to a U.S. government embargo or designated as a "terrorist supporting" country; (ii) listed on any U.S. government list of prohibited or restricted parties, including the Specially Designated Nationals List; or (iii) using the Services for any purpose prohibited by U.S. law, including the development, design, manufacture, or production of nuclear, missile, chemical, or biological weapons.
22. Compliance with Laws
You are solely responsible for ensuring that your use of the Services complies with all applicable laws, regulations, and industry standards in your jurisdiction, including but not limited to: data protection and privacy laws (including GDPR, CCPA, HIPAA where applicable), anti-corruption and anti-bribery laws, consumer protection laws, employment and labor laws, financial services regulations, and laws governing the use of artificial intelligence and automated decision-making systems. We make no representation that the Services comply with the laws of any particular jurisdiction outside the United States.
23. Electronic Signatures and Notices
You consent to the use of electronic records and signatures in connection with these Terms and your use of the Services. These Terms, and any documents incorporated by reference, may be accepted and executed electronically, and such acceptance shall be legally binding to the same extent as a physical signature. You agree that electronic notices delivered by us to the email address associated with your account or posted on the Services constitute valid and effective legal notice to you.
You may provide notices to Invictus AI by: (i) email to legal@invictus.ai; or (ii) certified mail or overnight courier to the registered address of Invictus AI Corporation in Nevada. Notices are effective upon confirmation of delivery or, for email, upon the next business day following transmission, provided no delivery failure notice is received.
24. Modifications to Terms
We reserve the right to modify these Terms at any time. For material changes, we will provide at least thirty (30) days' advance notice by: (i) posting the revised Terms on our website with an updated "Last Updated" date; (ii) sending notice to the email address associated with your account; or (iii) displaying a prominent notice within the Services. For non-material changes (such as clarifications, formatting corrections, or updates required by applicable law), we may post revised Terms without advance notice.
If you object to any modification, your sole remedy is to stop using the Services and terminate your account before the effective date of the change. Your continued use of the Services after the effective date of any change constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.
25. Force Majeure
Neither party shall be liable for any delay or failure to perform its obligations under these Terms to the extent caused by circumstances beyond that party's reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, government actions, pandemics, failure of telecommunications infrastructure, or denial-of-service attacks ("Force Majeure Events"). The affected party shall notify the other party as soon as reasonably practicable and shall resume performance as soon as practicable after the Force Majeure Event concludes. If a Force Majeure Event continues for more than sixty (60) days, either party may terminate the affected Services upon written notice without liability.
26. Assignment
You may not assign, transfer, delegate, or sublicense these Terms or any of your rights or obligations hereunder, by operation of law or otherwise, without our prior written consent, which may be withheld in our sole discretion. Any attempted assignment in violation of this Section is void. Invictus AI may freely assign these Terms and any rights or obligations hereunder without restriction, including in connection with a merger, acquisition, sale of assets, restructuring, or change of control. These Terms shall be binding upon and inure to the benefit of the parties' respective successors and permitted assigns.
27. Entire Agreement and Order of Precedence
These Terms, together with any Order Forms, Subscription Agreements, Data Processing Agreements, and policies incorporated by reference (including the Privacy Policy), constitute the entire agreement between you and Invictus AI with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, representations, warranties, and understandings, whether oral or written. In the event of a conflict between these Terms and any Order Form or Subscription Agreement, the Order Form or Subscription Agreement shall control only with respect to the specific terms addressed therein; these Terms shall control in all other respects.
28. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if it cannot be so modified, severed from these Terms, and the remaining provisions shall continue in full force and effect. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision.
29. No Waiver
No failure or delay by either party in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof. Waivers must be in writing and signed by an authorized representative of the waiving party. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.
30. Relationship of Parties
These Terms do not create a partnership, joint venture, agency, employment, or franchise relationship between you and Invictus AI. Neither party has authority to bind the other or incur obligations on the other's behalf without prior written consent. Nothing in these Terms shall be construed to make either party the legal representative or agent of the other.
31. Feedback and Suggestions
We welcome your feedback, ideas, and suggestions for improving the Services. To the extent you voluntarily submit Feedback, you acknowledge that: (i) such Feedback is non-confidential; (ii) we are not obligated to keep it confidential; (iii) we may freely use, disclose, reproduce, license, distribute, and commercialize such Feedback without restriction or compensation; and (iv) you irrevocably assign to us all right, title, and interest in and to such Feedback, including all intellectual property rights therein.
32. Beta and Preview Features
We may offer access to features, products, or services that are in a pre-release, beta, or preview stage ("Beta Features"). Beta Features are provided "as is" and "as available" with no warranty of any kind and may be discontinued at any time without notice. By using Beta Features, you acknowledge that they may contain bugs, errors, or deficiencies, and you agree not to rely on them for production use cases. Additional terms may apply to Beta Features. Feedback provided in connection with Beta Features is subject to Section 31.
33. Accessibility
We are committed to making the Services accessible to individuals with disabilities to the extent commercially practicable. If you experience accessibility barriers, please contact us at accessibility@invictus.ai so we can work to address them. Nothing in these Terms limits any rights you may have under applicable accessibility laws.
34. Children's Privacy
The Services are not directed to or intended for use by children under the age of 18. We do not knowingly collect personal information from children under 18. If we learn that we have inadvertently collected personal information from a child under 18, we will promptly delete such information. If you believe we may have collected personal information from a child under 18, please contact us at legal@invictus.ai.
35. Contact Information
If you have any questions, concerns, or requests regarding these Terms or the Services, please contact us at:
Invictus AI Corporation
Legal Department
Email: legal@invictus.ai
Website: https://invictus.ai
For privacy-related requests: See our Privacy Policy at invictus.ai/privacy
For arbitration Dispute Notices: Written notice must be sent by certified mail or nationally recognized overnight courier to Invictus AI Corporation's registered agent in Nevada, with a copy to legal@invictus.ai.
Last Updated: June 19, 2026
These Terms of Service replace and supersede all prior versions. Questions about these Terms may be directed to legal@invictus.ai.