Terms of Service

Introduction

Welcome to GetHighlights. Thank you for using the GetHighlights platform and the products, services and features we make available to you as part of the platform (collectively, the “Services”).

Please read on to learn the rules and restrictions that govern your use of the Services. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:

• Email: mike@gethighlights.app
• Phone: +1 (720) 593-0365
• Address: 3422 Timbergrove Heights St Houston, TX 77008 USA

These Terms of Service are a legally binding contract between you and GetHighlights regarding your use of the Services. By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

Your Services Provider

The entity providing the Services is GetHighlights, LLC, a corporation operating under the laws of the State of Texas, located at 3422 Timbergrove Heights St Houston, TX 77008 USA.

References to “GetHighlights,” “Company,” “we,” “us,” and “our” refer to GetHighlights, LLC.

Applicable Terms

Your use of the Services is subject to these Terms of Service and our Privacy Policy, which is incorporated herein by reference. Please review the Privacy Policy to understand our practices regarding your personal data.

Additional terms and conditions (“Additional Terms”) may apply to certain Services or features. These Additional Terms will be presented to you before you access the applicable feature or Service. Additional Terms supplement and form part of these Terms. In the event of a conflict, the Additional Terms will prevail with respect to the applicable Service or feature.

Who May Use the Services

Age Requirements

You must be at least 16 years old to use the Services. Children of all ages may use the Services if enabled by a parent or legal guardian. If you are under 18, you represent that you have your parent or legal guardian's permission to use the Services. Please have them read these Terms with you.

If you are a parent or legal guardian allowing your child to use the Services, you agree to be bound by these Terms on behalf of your child and are fully responsible for their use of the Services.

Businesses and Organizations

If you are using the Services on behalf of a business or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case “you” refers to both you individually and that entity.

Your Use of the Services

Content on the Services

The content on the Services includes video, audio, graphics, photos, text, branding, interactive features, software, metrics, and any other materials whether provided by us, our users, or third parties (collectively, “Content”). Content may be provided to or through the Services and distributed by our users, and GetHighlights is a provider of hosting services for such Content. Content is the responsibility of the person or entity that provides it to the Services.

“Publicity Rights” means any name, image, likeness, voice, or other personal attribute that identifies a person. If you submit Content containing another person's Publicity Rights, you represent that you have obtained all necessary permissions and consents from that person.

GetHighlights Account

You may need a GetHighlights account to access certain features. When you create an account, you must provide accurate and complete information. You are solely responsible for the activity on your account and must keep your account credentials secure. You must not transfer your account to anyone else without our prior written approval.

You should notify us immediately if you learn of any unauthorized use of your account. GetHighlights will not be liable for any loss or damage arising from unauthorized use of your account.

Your Information

Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the Services. By using the Services, you agree that GetHighlights can collect, use, and share your information as described in the Privacy Policy.

Children's Online Privacy Protection Act (COPPA)

We do not knowingly collect personal information from children under the age of 16. If we learn that we have collected personal information from a child under 16 without verifiable parental consent, we will take steps to delete that information as quickly as possible. If you believe that a child under 16 has provided personal information to us, please contact us at mike@gethighlights.app.

Cookies

We use cookies and similar technologies to provide, protect, and improve the Services. Our Privacy Policy describes our use of cookies and your options for managing them.

Messaging

By providing your contact information and using the Services, you consent to receiving communications from us, including emails regarding your account, security alerts, product updates, and marketing messages. You can opt out of non-essential communications at any time via account settings or by using the unsubscribe mechanism provided in our emails.

Permissions and Restrictions

You may access and use the Services as made available to you, as long as you comply with these Terms and applicable law. You may view or listen to Content for your personal, non-commercial use. You may also show GetHighlights videos via the GetHighlights embeddable player or other means expressly permitted by GetHighlights.

The following restrictions apply to your use of the Services. You are not allowed to:

• Access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify, or otherwise use any part of the Services or any Content except as expressly authorized by the Services or with prior written consent from GetHighlights
• Circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Services (or attempt to do any of these things), including security-related features or features that prevent or restrict the copying or other use of Content or enforce limitations on use
• Access the Services using any automated means (such as robots, botnets, or scrapers) except as expressly permitted by GetHighlights or as permitted by applicable law
• Collect or harvest any information that might identify a person without their consent
• Use the Services to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations (spam)
• Cause or encourage any inaccurate measurements of genuine user engagement with the Services, including by paying people or providing them with incentives to increase views, likes, or dislikes
• Misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions
• Use the Services to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen videos or stream music from the Services)
• Use the Services to sell any advertising, sponsorships, or promotions placed on, around, or within the Services or Content, other than those allowed in GetHighlights policies
• Collect or use any information obtained from the Services to train, fine-tune, or improve machine learning models, artificial intelligence systems, or other competing products or services, except with express written permission from GetHighlights
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying algorithms of any part of the Services
• Use the Services to engage in any activity that is illegal, fraudulent, deceptive, or harmful
• Upload, distribute, or transmit any viruses, malware, or other harmful code through the Services
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity
• Interfere with or disrupt the integrity or performance of the Services or third-party data contained therein
• Attempt to gain unauthorized access to the Services, other accounts, computer systems, or networks connected to the Services
• Use the Services in a manner that could create a conflict of interest or undermine the purposes of the Services

Violation of any of these restrictions is grounds for termination of your right to use the Services. GetHighlights reserves the right to impose consumption limits on your use of the Services to ensure fair usage and maintain service quality for all users.

Reservation

Using the Services does not give you ownership of or rights to any aspect of the Services, including user names or any other Content posted by others or GetHighlights. Any rights not expressly granted herein are reserved by GetHighlights.

Develop, Improve and Update the Services

GetHighlights is constantly changing and improving the Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. As part of this continual evolution, we may make modifications such as:

• Adding or removing features and functionalities
• Offering new digital content or services
• Discontinuing or limiting existing offerings
• Changing consumption or storage limits
• Updating the Services to reflect changes in applicable laws, regulations, or security requirements

We may also need to alter or discontinue the Services, or any part thereof, in order to, among other things, address performance or security issues, make changes required by law, or prevent illegal activities or abuse. We will provide you with reasonable advance notice of material changes when possible.

Change of Terms

We may modify these Terms from time to time. When we make material changes, we will provide you with notice as appropriate under the circumstances, such as by sending an email or displaying a prominent notice within the Services. Changes will not apply retroactively and will become effective no sooner than 14 days after they are posted.

Non-material changes (such as clarifications or minor updates) may be posted on our website without additional notice. Your continued use of the Services after any changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you should discontinue your use of the Services.

Your Rights in the Services

The content and materials available through the Services, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations, software, and the compilation thereof, are the property of GetHighlights or its content suppliers and are protected by United States and international copyright, trademark, and other intellectual property laws.

Subject to your compliance with these Terms, GetHighlights grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view Content solely for your personal, non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content, software, products, or services obtained from or through the Services.

Referring Other Users

GetHighlights may offer referral programs that reward you for inviting others to use the Services. The specific terms, rewards, and eligibility requirements of any referral program will be communicated to you at the time of the offer. GetHighlights reserves the right to modify, suspend, or terminate any referral program at any time without prior notice.

Referral rewards may not be earned through self-referral, fraudulent activity, or any manner that violates these Terms. GetHighlights reserves the right to revoke referral rewards obtained through improper means.

Your Content and Conduct

User Submissions

The Services may permit you to upload, submit, store, send, or receive content, including video, audio, text, and other materials (“User Submitted Materials”). You retain ownership of any intellectual property rights that you hold in your User Submitted Materials. You are solely responsible for your User Submitted Materials and the consequences of posting or publishing them.

Content Restrictions

You agree that you will not submit materials that:

• Infringe or violate any third party's copyright, trademark, patent, trade secret, moral right, right of privacy, right of publicity, or any other intellectual property or proprietary right
• Contain sexually explicit, pornographic, or obscene content
• Contain hateful, defamatory, or discriminatory content or incite hatred against any individual or group
• Exploit or endanger minors in any way
• Depict unlawful or gratuitous violence or promote violent activities
• Promote illegal activities or contribute to the creation of weapons
• Depict animal cruelty or extreme violence against animals
• Promote fraudulent schemes, multi-level marketing, or ponzi schemes
• Violate any law or regulation, or encourage activity that would violate any law or regulation
• Contain any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships

Representations and Warranties

By submitting User Submitted Materials, you represent and warrant that:

• You are the creator and owner of the User Submitted Materials, or have the necessary licenses, rights, consents, and permissions to authorize GetHighlights to use your User Submitted Materials as set forth herein
• Your User Submitted Materials do not and will not infringe, violate, or misappropriate any third-party right
• GetHighlights does not need to obtain any licenses, rights, consents, or permissions from, or make any payment to, any third party for its use of your User Submitted Materials
• You have obtained any necessary consents from individuals whose likeness or Publicity Rights appear in your User Submitted Materials

Right to Filter and Refuse Content

GetHighlights reserves the right (but has no obligation) to decide whether User Submitted Materials are appropriate and comply with these Terms. We may filter, refuse, or remove any User Submitted Materials at any time without prior notice or liability to you.

Indemnification

You agree to defend, indemnify, and hold harmless GetHighlights, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt and expenses (including but not limited to attorney's fees) arising from: (a) your use of the Services; (b) your violation of these Terms; (c) your User Submitted Materials; or (d) your violation of any rights of another person or entity.

Rights You Grant

Sharing Through Third-Party Accounts

If you choose to share Content through third-party platforms or social media accounts connected to the Services, you grant GetHighlights the right to facilitate such sharing. The third-party platform's terms of service and privacy policies will also apply to Content shared through their services.

Functional Analysis for Service Delivery

You grant GetHighlights the right to use artificial intelligence and machine learning technologies to process and analyze your User Submitted Materials solely for the purpose of providing the Services to you. This includes, but is not limited to, analyzing proxy versions of your video content to detect highlight moments, generate clip suggestions, assign categories and confidence scores, and otherwise deliver the core functionality of the Services. Processing is performed on temporary, low-resolution proxy copies of your content — original high-resolution files are not transmitted for AI analysis.

Algorithm Improvement and Anonymized Insights

You grant GetHighlights the right to use anonymized, de-identified, and aggregated data derived from your use of the Services (stripped of all personally identifiable information) for the purpose of improving our algorithms, training models, generating aggregate analytics, and improving the Services generally. This anonymized data cannot be used to re-identify you. You may opt out of this usage by contacting us at mike@gethighlights.app.

Removing Your Content

You may remove your User Submitted Materials from the Services at any time. To request removal of your content, email mike.tetlow@gethighlights.app. Removal requests will be completed within 7 business days of receipt.

Please note that copies of removed content may persist in backup systems for a limited time, and that removed content may continue to exist in cached or archived pages, or if other users have copied or stored your content.

Removal of Content by GetHighlights

GetHighlights reserves the right to remove any Content from the Services at any time, for any reason or no reason, without prior notice to you. This includes, but is not limited to, Content that we believe violates these Terms, applicable law, or is otherwise objectionable. GetHighlights has no obligation to store or maintain your Content and shall not be liable to you for any removal or loss of Content.

Notice and Takedown (DMCA)

GetHighlights respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us pursuant to the Digital Millennium Copyright Act (“DMCA”).

Filing a DMCA Notice

If you believe that your copyrighted work has been infringed, please provide our Designated Agent with the following information:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
• Identification of the copyrighted work claimed to have been infringed
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material
• Your contact information, including your address, telephone number, and an email address
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
• A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner

Designated Agent

Our Designated Agent for receiving DMCA notices is:

GetHighlights, LLC
3422 Timbergrove Heights St
Houston, TX 77008 USA
Email: mike@gethighlights.app

Counter-Notice

If you believe that your Content was removed or disabled by mistake or misidentification, you may file a counter-notice with the following information:

• Your physical or electronic signature
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access was disabled
• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification
• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal court in Houston, Texas, and that you will accept service of process from the person who provided notification of the alleged infringement

Upon receipt of a valid counter-notice, GetHighlights will forward the counter-notice to the original complainant and may restore the removed material within 10 to 14 business days unless the original complainant notifies us that they have filed a court action seeking to restrain you from engaging in infringing activity.

GetHighlights reserves the right to terminate the accounts of repeat infringers.

Responsibility for What You See and Do

The Services may contain links to third-party websites or Content provided by other users that is not owned or controlled by GetHighlights. GetHighlights does not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services, nor does it endorse any opinions expressed via the Services.

You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate, or otherwise inappropriate. Under no circumstances will GetHighlights be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content.

You acknowledge and agree that GetHighlights is not responsible for the availability or accuracy of any third-party websites or resources and hereby release GetHighlights from any liability arising from your use of or reliance on any such Content, goods, or services available on or through any third-party site.

Account Suspension & Termination

Terminations by You

You may close your account at any time. Before closing your account, we recommend downloading any content or data you wish to retain, as account closure is permanent and irreversible. To close your account, use the account settings within the app or contact us at mike@gethighlights.app.

Terminations by GetHighlights

GetHighlights may suspend or terminate your access to the Services at any time, for any reason, including but not limited to a violation of these Terms, at our sole discretion. We may also suspend or terminate your account if we are required to do so by law, a court order, or an authorized government agency.

Effect of Termination

Upon termination, your right to use the Services will immediately cease. All Content associated with your account may be permanently destroyed. Where reasonably possible, we will attempt to provide advance notice prior to terminating your account to allow you to retrieve your content.

If you believe your account was terminated by mistake, please contact mike.tetlow@gethighlights.app and we will review your case.

About Software in the Services

Downloadable Software

When any part of the Services requires or includes downloadable software (such as the GetHighlights mobile application), GetHighlights grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive license to use the software provided to you as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by GetHighlights, in the manner permitted by these Terms.

You may not copy, modify, distribute, sell, or lease any part of the software, nor may you reverse engineer or attempt to extract the source code of the software, unless applicable law gives you the right to do so.

Open Source

Some software used in our Services may be offered under an open source license. There may be provisions in an open source license that expressly override some of these Terms. Open source license disclosures are available within the application or upon request.

Mobile Applications

The GetHighlights mobile application is available for download through the Apple App Store. Your use of the mobile application is also governed by the terms and conditions of the applicable app store or distribution platform.

Apple App Store Terms

If you download or use the GetHighlights mobile application from the Apple App Store, the following additional terms apply:

• These Terms are between you and GetHighlights only, not with Apple Inc. (“Apple”). GetHighlights, not Apple, is solely responsible for the application and the content thereof.
• The license granted to you is limited to a non-transferable license to use the application on any Apple-branded device that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms of Service.
• GetHighlights, not Apple, is responsible for providing any maintenance and support services with respect to the application.
• In the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the application. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the application.
• GetHighlights, not Apple, is responsible for addressing any claims relating to the application or your possession and/or use of the application, including but not limited to: (a) product liability claims; (b) any claim that the application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
• In the event of any third-party claim that the application or your possession and use of the application infringes that third party's intellectual property rights, GetHighlights, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
• You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
• GetHighlights's contact information for any end-user questions, complaints, or claims with respect to the application is: mike@gethighlights.app.
• Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
• You must comply with applicable third-party terms of agreement when using the application (e.g., your wireless data service agreement).
• Any subscription purchased through the Apple App Store is subject to Apple's terms and conditions regarding in-app purchases and subscriptions.
• You acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the application.

Google Gemini AI

The Services utilize Google Gemini AI for video analysis and highlight detection. Your use of features powered by Google Gemini AI is subject to Google's Generative AI Prohibited Use Policy. You agree not to use the Services in any manner that would violate Google's policies, including but not limited to generating content that is illegal, harmful, deceptive, or that infringes on the rights of others. GetHighlights is not responsible for any outputs generated by Google Gemini AI and makes no warranties regarding the accuracy, reliability, or completeness of AI-generated results.

Fees and Payments

Paid Services

GetHighlights offers paid subscription plans that provide access to additional features and increased usage limits. The specific features and pricing of each plan are described within the Services at the time of purchase.

Auto-Renewal

Subscriptions purchased through the Apple App Store will automatically renew at the end of each billing period unless you cancel at least 24 hours before the end of the current period. You can manage and cancel your subscriptions by going to your Account Settings in the Apple App Store. Subscription fees are non-refundable except as required by applicable law.

Reaffirmation of Authorization

Your subscription purchase constitutes your authorization for GetHighlights (and its payment processors) to charge your chosen payment method on a recurring basis for the applicable subscription fees plus any applicable taxes, until you cancel. Each renewal constitutes your reaffirmation of this authorization.

Free Trials

GetHighlights may offer free trial periods for paid subscription plans. If you do not cancel your subscription before the end of the free trial period, you will be automatically charged the applicable subscription fee. You must cancel before the end of the trial to avoid being charged. Free trial eligibility is determined by GetHighlights at its sole discretion and may be limited to one trial per user.

Other Legal Terms

Warranty Disclaimer

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. GETHIGHLIGHTS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GETHIGHLIGHTS OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

HIGH-RISK ACTIVITY & SAFETY DISCLAIMER

THE SERVICES ARE NOT DESIGNED OR INTENDED TO BE USED AS A SAFETY DEVICE, EMERGENCY NOTIFICATION SYSTEM, OR SUBSTITUTE FOR PROPER SAFETY EQUIPMENT, TRAINING, OR JUDGMENT IN CONNECTION WITH ANY ACTIVITY, INCLUDING BUT NOT LIMITED TO SCUBA DIVING, FREE DIVING, UNDERWATER ACTIVITIES, SKIING, SNOWBOARDING, WAKEBOARDING, OR ANY OTHER SPORTS OR HIGH-RISK ACTIVITIES. GETHIGHLIGHTS IS NOT A DIVE COMPUTER, SAFETY MONITOR, OR EMERGENCY SERVICE.

YOU ASSUME ALL RISK AND RESPONSIBILITY FOR YOUR PARTICIPATION IN ANY ACTIVITIES FOR WHICH YOU USE THE SERVICES TO RECORD, ANALYZE, OR SHARE CONTENT. GETHIGHLIGHTS SHALL NOT BE LIABLE FOR ANY INJURY, DEATH, PROPERTY DAMAGE, OR OTHER LOSS ARISING FROM OR RELATED TO YOUR PARTICIPATION IN ANY ACTIVITY, REGARDLESS OF WHETHER THE SERVICES WERE USED IN CONNECTION WITH SUCH ACTIVITY. YOU ACKNOWLEDGE THAT ACTIVITIES SUCH AS DIVING, SKIING, AND WATER SPORTS CARRY INHERENT RISKS, AND YOU VOLUNTARILY ASSUME ALL SUCH RISKS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GETHIGHLIGHTS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT SHALL GETHIGHLIGHTS'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE GREATER OF: (A) ONE HUNDRED U.S. DOLLARS ($100.00); OR (B) THE AMOUNTS PAID BY YOU TO GETHIGHLIGHTS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Indemnity

You agree to indemnify, defend, and hold harmless GetHighlights and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney's fees, arising from or relating to your use or misuse of the Services or your breach of these Terms.

Third-Party Links

The Services may contain links to third-party websites or services that are not owned or controlled by GetHighlights. GetHighlights has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that GetHighlights shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without GetHighlights's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. GetHighlights may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Severance

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

No Waiver

The failure of GetHighlights to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of GetHighlights. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Interpretation

For purposes of these Terms, the words “include,” “includes,” and “including” mean “including but not limited to.” The word “or” is not exclusive. The headings used in these Terms are for convenience only and shall not affect the interpretation of these Terms.

Governing Law

These Terms shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law, and the laws of the State of Texas, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Limitation on Legal Action

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

(a) Rules

You and GetHighlights agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative, or consolidated action or proceeding. The arbitration will be administered by JAMS under its Streamlined Arbitration Rules and Procedures. The arbitration shall be conducted in Houston County, Texas, in the English language, before a single arbitrator.

(b) Costs

If the amount of the Dispute is $75,000 or less, GetHighlights will pay all filing, administration, and arbitrator fees associated with the arbitration. If the amount of the Dispute exceeds $75,000, the allocation of fees will be determined by the JAMS rules. Neither party shall be entitled to recover attorney's fees unless the arbitrator determines that a claim or defense was frivolous or brought for an improper purpose.

(c) Small Claims and Injunctive Relief

Notwithstanding the foregoing, either party may bring an individual action in small claims court in Houston County, Texas, or in the county of your residence, for claims that qualify. Additionally, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

(d) Waiver of Jury Trial

YOU AND GETHIGHLIGHTS HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and GetHighlights are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would.

(e) Waiver of Class Actions

ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS.

You agree that, by entering into these Terms, you and GetHighlights are each waiving the right to a trial by jury or to participate in a class action, collective action, or other representative proceeding of any kind.

(f) Opt-Out

You have the right to opt out of this Arbitration Agreement by sending written notice of your decision to opt out to the following address within 30 days of first accepting these Terms:

GetHighlights, LLC
3422 Timbergrove Heights St
Houston, TX 77008 USA

Your written notice must include your name, address, email address associated with your account, and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

(g) Exclusive Venue

If you opt out of the Arbitration Agreement or if the Arbitration Agreement is found unenforceable, you agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts located in Houston County, Texas. Both you and GetHighlights consent to venue and personal jurisdiction there.

(h) Severability

If any part of this Arbitration Agreement is found to be illegal or unenforceable, the remainder will remain in effect (with an arbitration award issued on an individual, non-class basis) except that if a finding of partial illegality or unenforceability would allow class arbitration or representative proceedings, the Arbitration Agreement will be unenforceable in its entirety. If you are found to have a non-waivable right to bring a particular claim or to request a particular form of relief that the arbitrator lacks authority to redress or award according to this Arbitration Agreement, then only that respective claim or request for relief may be brought in court, and you and we agree that litigation of any such claim or request for relief shall be stayed pending the resolution of any individual claims or requests for relief in arbitration.

Miscellaneous

• Taxes. You are responsible for any applicable taxes associated with your use of the Services or purchase of any paid subscription, other than taxes based on GetHighlights's net income.
• Entire Agreement. These Terms, together with the Privacy Policy and any Additional Terms, constitute the entire and exclusive understanding and agreement between you and GetHighlights regarding the Services, and supersede and replace all prior oral or written understandings or agreements between you and GetHighlights regarding the Services.
• No Employment or Agency Relationship. Nothing in these Terms shall be construed to create an employment, agency, joint venture, or partnership relationship between you and GetHighlights. You do not have any authority to bind GetHighlights in any respect whatsoever.
• No Third-Party Beneficiaries. These Terms do not confer any third-party beneficiary rights, except that Apple Inc. is a third-party beneficiary of the Apple App Store Terms section, and the Arbitration Agreement section inures to the benefit of GetHighlights's affiliates, officers, directors, employees, and agents.